CC 09-19-2023
#9
First Reading Ordinance
CA Health and Safety
Presentation
September 19, 2023
Amendments to CMC Chapter 9.22
(Ca Health & Safety 17970.5)
CC 09-19-2023 Item No. 9
Background
State Mandate. Assembly Bill 838: Signed on September 28, 2021 by Governor Gavin Newsom. Became effective July 1, 2022.
Any building or portion thereof used for human habitation that endangers the life, limb, health, property, safety, or welfare of the public or its occupants.
Inadequate sanitation, structural hazards, unsafe electrical or wiring, plumbing hazards, faulty weather protection, lead hazards, faulty mechanical equipment, and fire hazards all are examples of how a dwelling can threaten the health and safety of the occupants. (California Health & Safety Code sections 17920.3 and 17920.10) *Substandard housing codes apply only to rental/tenant occupied properties.
What AB-838 Means
City Must: City Cannot:
Take Complaints Receive State Reimbursement
Respond Soon* Not Respond
Investigate, Inspect and Assess Charge Fees for Initial Inspection Inspection Report (Notice of
Violation)
Charge Fee for Inspection Report
Inform Property Owners Charge Fee for Copies of Case
Documents (affected parties)
Provide Copies of Case Documents
(affected parties)
Refuse Communication (affected
parties)
Ensuring the rental housing stock meets minimum standards is a health, life safety and quality of life issue.
The following are some examples of
Substandard Housing conditions:
Recommended Action
Staff recommends that Council adopt the proposed
amendments to Chapter 9.22 to codify property owners’
obligations to maintain housing stock free of substandard conditions and to allow the City to recover some of the costs of enforcement incurred as a result of AB 838 to the extent permitted by State law.
Next Step
If there is a first reading and adoption tonight, the next step is for a second reading and adoption to be brought back for the next Council Meeting on October 17, 2023.
Questions?
CC 09-19-2023
#10
Tobacco Product Sales
Ordinance Update
Presentation
September 19, 2023
Tobacco Product Sales
Ordinance Update
CC 09-19-2023 Item No. 10
Background
● Nov. 2019: City adopted Ordinance No. 19-2190
requiring tobacco products retailers to obtain permit
from City
● Ordinance is enforced and administered by Santa
Clara County DEH at no cost to City
● Sept. 2022: County adopts updated ordinance for
enforcing TRP
● City must adopt conforming updates to Chapter 5.50
to allow for continued County DEH enforcement
Recommended Action
● Conduct the first reading of Ordinance No. 23-2251:
“An Ordinance of the City Council of the City of
Cupertino Amending Chapter 5.50 to Title 5 (Business
Licenses and Regulations) to Regulate the Sale of
Tobacco Products.”
Questions?
CC 09-19-2023
#11
Ethics Policy Update
Updated Presentation
September 19, 2023
Ethics Policy Update
CC 09-19-2023 Item No. 13
Updated Presentation
Background
● November 2018: Council adopts Ethics Code for
elected and appointed officials
● January 2019: Council rescinds Ethics Code
● January 2020: Council adopts current Ethics Policy
● December 2022: Civil Grand Jury identifies Ethics
Policy as area of concern
Background
● February 2023: Council adopts City Council
Procedures Manual
● May 2023: City Attorney’s Office releases Fact-Finding Report
● July 2023: Internal Auditor releases Enterprise
Leadership Assessment
Ethics Policy Goals
● Encourage high standards of behavior by public
officials
● Increase public confidence in institutions
● Assist public officials with decision-making
● Rules- v. values-based ethics policies
Questions for Council
● Who should be covered by the policy?
● What values should be reflected in the policy?
● Should any rules beyond the requirements of state
ethics law be included in the policy?
● How should the policy be enforced?
● Should the policy include provisions for training and periodic review?
Public Outreach – Survey Topics
● Integrity and honesty
● Responsibility and community service
● Fairness
● Respect for fellow officials, staff and the public
● Compassion
● Proper efficient use of public resources
● Loyalty to the agency
● Vision
● Other
Recommended Action
● Re-adopt 2018 Ethics Code as starting point for Ethics Policy revisions
● Incorporate revisions to ensure consistency with
Council Procedures Manual and incorporate Internal
Auditor’s recommendations re: FPPC compliance
● Provide direction on additional revisions
Questions?
CC 09-19-2023
#11
Ethics Policy Update
Presentation
September 19, 2023
Ethics Policy Update
CC 09-19-2023 Item No. 11
Background
● November 2018: Council adopts Ethics Code for
elected and appointed officials
● January 2020: Council rescinds Ethics Code and
replaces it with current Ethics Policy
● December 2022: Civil Grand Jury identifies Ethics
Policy as area of concern
Background
● February 2023: Council adopts City Council
Procedures Manual
● May 2023: City Attorney’s Office releases Fact-Finding Report
● July 2023: Internal Auditor releases Enterprise
Leadership Assessment
Ethics Policy Goals
● Encourage high standards of behavior by public
officials
● Increase public confidence in institutions
● Assist public officials with decision-making
● Rules- v. values-based ethics policies
Questions for Council
● Who should be covered by the policy?
● What values should be reflected in the policy?
● Should any rules beyond the requirements of state
ethics law be included in the policy?
● How should the policy be enforced?
● Should the policy include provisions for training and periodic review?
Public Outreach – Survey Topic
● Integrity and honesty
● Responsibility and community service
● Fairness
● Respect for fellow officials, staff and the public
● Compassion
● Proper efficient use of public resources
● Loyalty to the agency
● Vision
● Other
Recommended Action
● Re-adopt 2018 Ethics Code as starting point for Ethics Policy revisions
● Incorporate revisions to ensure consistency with
Council Procedures Manual and incorporate Internal
Auditor’s recommendations re: FPPC compliance
● Provide direction on additional revisions
Questions?