CC Ordinance No. 18-2180 Amending the Cupertino Municipal Code, Title 2, to Update, Clarify, and Improve Consistency in Various Provisions Pertaining to City CommissionsORDINANCE NO. 18-2180
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
AMENDING THE CUPERTINO MUNICIPAL CODE, TITLE 2, TO UPDATE,
CLARIFY, AND IMPROVE CONSISTENCY IN VARIOUS PROVISIONS
PERTAINING TO CITY COMMISSIONS
WHEREAS, the City Council finds that amending Chapters 2.32, 2.36, 2.60, 2.68, 2.74,
2.80, 2.84, 2.86, 2.88, 2.90, 2.92 and 2.94 of the Cupertino Municipal Code is appropriate
and advisable to improve readability and consistency.
NOW, THEREFORE, the Council of the City of Cupertino does ordain as follows:
SECTION ONE -The following sections of Chapter 2.32 of the Cupertino Municipal
Code pertaining to the Planning Commission are hereby amended to read as follows:
2.32.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of
the members of the Planning Commission shall be four years and shall end on January
30th of the year their term is due to expire. No commissioner shall serve more than two
consecutive terms except that a commissioner may serve more than two consecutive
terms if he or she has been appointed to the Commission to fill an unexpired term of less
than two years.
B. The appointment, reappointment, and rules governing incumbent members of
the Commission are governed by the Resolution of the Cupertino City Council which
governs advisory bodies.
2.32.060 Amendments -Records.
A. The affirmative vote of not less than a majority of its total voting members is
required to approve a recommendation to amend the zoning ordinance; the affirmative
vote of a majority present with a quorum present is required to take any other action.
B. The Commission shall keep an accurate record of its proceedings and
transactions, and shall render such reports to the Council as may be required by
ordinance or resolution, and shall submit an annual report to the Mayor. These records
shall be filed with the City Clerk.
SECTION TWO -The following sections of Chapter 2.36 of the Cupertino Municipal
Code pertaining to the Parks and Recreation Commission are hereby amended to read as
follows:
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Page2
2.36.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of
the members of the Parks and Recreation Commission shall be for four years and shall
end on January 30th of the year their term is due to expire. No commissioner shall serve
more than two consecutive terms except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the Commission to fill an unexpired
term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of
the Commission are governed by the Resolution of the Cupertino City Council which
governs advisory bodies.
2.36.070 Records.
The Commission shall keep an accurate record of its proceedings and transactions,
and shall render such reports to the City Council as may be required. These records shall
be filed with the City Clerk.
2.36.80 Powers and Functions
The powers and functions of the City Park and Recreation Commission shall be as
follows:
A. To hold hearings on matters pertaining to planning and development of parks,
cultural activities, historical resources, recreation, community services (including, but not
limited to schools and senior services), and capital expenditures related to community
activities and facilities;
B. To conduct such other hearings as are necessary and in accordance with its own
rules and regulations;
C. To report its decisions and recommendations in writing to the City Council;
D. To consider, formulate and propose programs, activities, resources, plans and
development designed to provide for, regulate and direct the future growth and
development of community activities, parks and a recreation system in order to secure to
the City and its inhabitants better service;
E. To make investigations and reports for future acquisition of park sites;
F. To make, in its advisory capacity, any and all recommendations to the City
Council relating to the above matters, including the extension of the parks, recreation
system and community activities to outlying areas of the City;
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G. In cooperation with the Director of Recreation and Community Services, the
Commission will consider, review, and evaluate parks, recreation programs, and
community activities;
H. To consider, formulate, and propose cultural activities and historical
preservation for the City and its residents.
SECTION THREE -Section 2.40.030 of the Cupertino Municipal Code pertaining to the
Disaster Council is hereby removed:
2.40.030 l\tlembership
The Cupertino Disaster Council/Citizen Corps Council shall consist of selected
representatives of the City's Emergency Organization as defined in section 2.40.070 of
this chapter. The Mayor, or designee, shall serve as Chairperson and the Emergency
Services Coordinator, or designee, as Vice Chairperson of the Disaster Council/Citizen
Corps Council and shall make recommendations for representatives from the Emergency
Organization.
SECTION FOUR -The following sections of Chapter 2.60 of the Cupertino Municipal
Code pertaining to the Public Safety Commission are hereby amended to read as follows:
2.60.020 Terms of Office
A. Commissioners serve at the pleasure of the City Council. The term of office of
the members of the Public Safety Commission shall be for four years and shall end on
January 30th of the year their term is due to expire. No commissioner shall serve more
than two consecutive terms except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the Commission to fill an unexpired
term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of
the Commission are governed by the Resolution of the Cupertino City Council which
governs advisory bodies.
2.60.060 Records.
The Commission shall keep an accurate record of its proceedings and
transactions, and shall render such reports to the City Council as may be required.
These records shall be filed with the City Clerk.
SECTION FIVE -The following sections of Chapter 2.68 of the Cupertino Municipal
Code pertaining to the Library Commission are hereby amended to read as follows:
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2.68.020 Terms of Office.
A. Commission members serve at the pleasure of the City Council. The term of
office of the members of the Library Commission shall be for four years and shall end on
January 30th of the year their term is due to expire. No commissioner shall serve more
than two consecutive terms except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the Commission to fill an unexpired
term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of
the Commission are governed by the Resolution of the Cupertino City Council which
governs advisory bodies.
2.68.060 Records.
The Commission shall keep a record of its proceedings and transactions, and shall
render such reports to the City Council as may be required. These records shall be filed
with the City Clerk.
SECTION SIX-The following sections of Chapter 2.74 of the Cupertino Municipal Code
pertaining to the Technology, Information, and Communications Commission are hereby
amended to read as follows:
2.74.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office of
the members of the Technology, Information, and Communications Commission shall be
for four years and shall end on January 30th of the year their term is due to expire. No
commissioner shall serve more than two consecutive terms except that a commissioner
may serve more than two consecutive terms if he or she has been appointed to the
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of
the Commission are governed by the Resolution of the Cupertino City Council which
governs advisory bodies.
2.74.050 Records.
The Commission shall keep an accurate record of
transactions, and shall render such reports to the City
required. These records shall be filed with
its proceedings and
Council as may be
the City Clerk.
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Page 5
SECTION SEVEN -The following sections of Chapter 2.80 of the Cupertino Municipal
Code pertaining to the Fine Arts Commission are hereby amended to read as follows:
2.80.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office
of the members of the Fine Arts Commission shall be for four years and shall end on
January 30th of the year their term is due to expire. No commissioner shall serve more
than two consecutive terms, except that a commissioner may serve more than two
consecutive terms if he or she has been appointed to the Commission to fill an
unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members
of the Commission are governed by the Resolution of the Cupertino City Council
which governs advisory bodies.
2.80.070 Records.
The Commission shall keep an accurate record of its proceedings and transactions
and shall render such reports to the City Council as may be required. These records shall
be filed with the City Clerk.
SECTION EIGHT -The following sections of Chapter 2.84 of the Cupertino Municipal
Code pertaining to the Environmental Review Committee are hereby amended to read
as follows:
2.84.020 Terms of Office.
The terms of staff members are ongoing unless changed by action of the City
Council. The term of the City Council person and Planning Commissioner shall be
reviewed periodically by the City Council and Planning Commission respectively for
reappointment or a new appointment. Because this Committee is composed of staff and
members of other bodies it is not directly governed by the Resolution of the Cupertino
City Council which governs advisory bodies.
2.84.070 Records.
The Committee shall keep an accurate record of its proceedings and transactions,
and shall render such reports to the City Council and Planning Commission as may be
required. These records shall be filed with the City Clerk.
SECTION NINE -The following sections of Chapter 2.86 of the Cupertino Municipal
Code pertaining to the Housing Commission are hereby amended to read as follows:
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2.86.030 Terms of Office.
A. Housing commissioners serve at the pleasure of the City Council. The term
of office of the members of the Housing Commission shall be for four years
commencing on the date of their respective appointments to the Housing Commission
or its predecessor Commission and shall end on January 30th of the year their terms
are due to expire. No member shall serve more than two consecutive terms except
that a member may serve more than two consecutive terms if he or she has been
appointed to the Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members
of the Commission are governed by the Resolution of the Cupertino City Council
which governs advisory bodies.
2.86.090 Records.
The Commission shall keep an accurate record of its proceedings and transactions
and shall render such reports to the City Council and Planning Commission as may be
required. These records shall be filed with the City Clerk.
SECTION TEN -The following sections of Chapter 2.88 of the Cupertino Municipal Code
pertaining to the Audit Committee are hereby amended to read as follows:
2.88.030 Terms of Office.
A. Audit Committee members serve at the pleasure of the City Council. The
term of office of the members of the Audit Committee shall be for four years
commencing on the date of their respective appointments to the Audit Committee and
shall end on January 30th of the year the terms are due to expire. No Audit Committee
member shall serve more than two consecutive terms unless he or she has been
appointed to the committee to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members
of the Audit Committee are governed by the Resolution of the City Council which
governs advisory bodies.
2.88.090 Records.
The committee shall keep an accurate record of its proceedings and transactions
and shall render such reports to the City Council and Planning Commission as may be
required. These records shall be filed with the City Clerk.
SECTION ELEVEN -The following sections of Chapter 2.90 of the Cupertino Municipal
Code pertaining to the Design Review Committee are hereby amended to read as follows:
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Page7
2.90.080 Records.
A. The committee shall keep an accurate record of its proceedings and
transactions and shall render such reports to the City Council and Planning
Commission directly after each meeting. The appeal of said decision is governed by
Chap ter 19 .12 of the zoning code. The committee shall also comply with all
requirements of the State of California Open Meeting Law (the Brown Act), including
the preparation and posting of meeting agendas.
B. These records shall be filed with the City Clerk.
SECTION TWELVE -The following sections of Chapter 2.92 of the Cupertino Municipal
Code pertaining to the Bicycle Pedestrian Commission are hereby amended to read as
follows:
2.92.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The term of office
of the members of the Bicycle Pedestrian Commission shall be for four years and shall
end on January 30th of the year their term is due to expire. No commissioner shall
serve more than two consecutive terms, except that a commissioner may serve more
than two consecutive terms if he or she has been appointed to the Commission to fill
an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members
of the Commission are governed by the Resolution of the Cupertino City Council
which governs advisory bodies.
2.92.070 Records.
The Commission shall keep an accurate record of its proceedings and
transactions and shall render such reports to the City Council as may be
required. These records shall be filed with the City Clerk.
SECTION THIRTEEN -The following sections of Chapter 2.94 of the Cupertino
Municipal Code pertaining to the Sustainability Commission are hereby amended to read
as follows:
2.94.020 Terms of Office.
A. Commissioners serve at the pleasure of the City Council. The initial term of
office of two of the members of the Commission selected from among the community
members shall be for two years. The initial term of the remaining Commissioners shall
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be for a four year period. All subsequent terms shall be for a four year period. All
terms shall end on January 30th of the year the term is due to expire. No
Commissioner shall serve more than two . consecutive terms, except that a
Commissioner may serve more than two consecutive terms if he or she has been
appointed to the Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members
of the Commission are governed by the Resolution of the Cupertino City Council
which governs advisory bodies.
2.94.070 Records.
The Commission shall keep an accurate record of its proceedings and transactions,
and shall render such reports to the City Council as may be required. These records shall
be filed with the City Clerk.
SECTION FOURTEEN -IMPLEMENTATION.
The City Council hereby authorizes and directs the City Manager to take any action and
sign any documents necessary to implement this Ordinance.
SECTION FIFTEEN -SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held by a court of competent jurisdiction to be invalid, such a decision shall not affect the
validity of the remaining portions of this Ordinance. The Council of the City of Cupertino
hereby declares that they would have passed this Ordinance and each section or
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION SIXTEEN -EFFECTIVE DATE; PUBLICATION.
The City Clerk is directed to post and publish this Ordinance in accordance with law in
a newspaper of general circulation printed and published in the County of Santa Clara,
or as otherwise required by law. This ordinance shall take effect thirty (30) days after
adoption.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 2Qth
day of November, 2018 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 4th day of December, 2018, by the following vote:
Ordinance No. 18-2180
P age 9
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
Members of the City Council
Sinks, Chang, Vaidhyanathan
Paul, Scharf
None
None
6n?:~~tJ1
Grace Schmidt, City Clerk
APPROVED:
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 18-2180, which was
enacted on December 4, 2018, and that it has been published or posted
pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 5 day of December, 2018.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California