CITY COUNCIL STAFF REPORT
Meeting: October 15, 2024
Subject
Amendments to Cupertino Municipal Code Chapter 2.32 (Planning Commission), Chapter 2.74 (Technology, Information, and Communications Commission), Chapter 2.86 (Housing Commission), Chapter 11.08 (Bicycles), and Chapter 13.04 (Parks), and repeal of Municipal Code Chapter 15.04 (Waterworks System – Rates and Charges).
Recommended Action
Conduct the first reading of and introduce Ordinance No. 24-____: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPEALING MUNICIPAL CODE CHAPTER 15.04 AND AMENDING MUNICIPAL CODE CHAPTERS 2.32, 2,74, 2.86, 11.08, AND 13.04.” Reasons for Recommendation
The City periodically adopts minor amendments to the Cupertino Municipal Code to reflect changes in law and circumstances and improve the administration of City business. Attachments A and B present proposed amendments to the Municipal Code. The following changes to the Cupertino Municipal Code are recommended:
Chapter 15.04: The proposed ordinance repeals Chapter 15.04 in its entirely because the City does not set rates and charges for use of the Municipal Water System. Rather, the rates are addressed by the lease between the City and San Jose Water Company and are tied to rates set by the California Public Utility Commission.
Section 2.32.060: Minor amendments are proposed to clarify Planning Commission voting requirements; the amendments are declarative of existing law.
Chapter 2.74: Amendments to Chapter 2.74 are proposed to (1) allow non-citizen Cupertino residents to serve as members of the Technology, Information, and Communications Commission (TICC); and (2) modernize the jurisdiction of the TICC to reflect changes in state law, current practices of the Commission, and increased awareness of the risks posed by the misuse of technology. At its September 25 meeting, the TICC reviewed the proposed amendments to Chapter 2.74 without objection.
Section 2.86.010: Amendments are proposed to conform Section 2.86.010 with other amendments to Chapter 2.86 adopted in March 2024 (Ordinance No. 24-2256).
Section 11.08.180: Transportation Division staff recommends amending Section 11.08.180 to allow bicycle riding on two sections of sidewalk, to facilitate connectivity to the Regnart Creek Trail.
Section 13.04.020: An amendment is proposed to clarify that the City Manager may delegate authority under Chapter 13.04 to their selected designee (e.g., the Parks and Recreation Director).
Section 13.04.130: An amendment is proposed to prohibit the use of drones in City parks, except in areas designated by the Parks and Recreation Department.
Staff recommends that the City Council conduct a first reading and introduce the proposed ordinance. If approved by Council, the ordinance will return for a second reading at the November 4 City Council meeting.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
Not applicable.
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Prepared by: Christopher D. Jensen, City Attorney
Reviewed by: Tina Kapoor, Interim Assistant City Manager Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Ordinance No. 24-______
B – Redline of proposed Municipal Code amendments