CC Ordinance No. 18-2181 Adding chapter 2.95 to the Cupertino Municipal Code, Title 2, to Establish the Teen Commission by OrdinanceORDINANCE NO. 18 -2181
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
ADDING CHAPTER 2.95 TO THE CUPERTINO MUNICIPAL CODE, TITLE 2, TO
ESTABLISH THE TEEN COMMISSION BY ORDINANCE
WHEREAS, the Teen Commission was established by City Council pursuant to
Resolution 02-065, as amended through various other resolutions, including Resolution
Nos. 02-167, 04-405, 05-095, 09-078, 09-115, 16-138, and 18-019;
WHEREAS, the City Council desires to codify and establish the Teen Commission in the
Cupertino Municipal Code.
NOW, THEREFORE, the Council of the City of Cupertino does ordain as follows:
SECTION ONE -Chapter 2.95 "Teen Commission" is added to Title 2 "Administration
and Personnel" of the Cupertino Municipal Code, as follows:
CHAPTER 2.95 TEEN COMMISSION
Section
2.95.010 Established.
2.95.020 Terms of Office.
2.95.030 Vacancy-Removal.
2.95.040 Chairperson.
2.95.050 Meetings-Quorum.
2.95.060 Majority Vote Required.
2.95.070 Records.
2.95.080 Powers and Functions.
2.95.090 Compensation-Expenses.
2.95.100 Procedural Rules.
2.95.110 Effect.
Ordinance No. 18-2181
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2.95.010 Established.
The Teen Commission of the City is established. The Teen Commission
(hereinafter referred to in this Chapter as "Commission") will be comprised of nine
members, at least one person from each public middle school and public high school in
Cupertino, if possible. Membership on the Commission will be limited to Cupertino
residents. Members may attend schools outside of the City limits, or be schooled at home.
Commissioners must be in the 8th through 11th grade at time of appointment. None of
the Teen Commissioners shall be otherwise officials or employees of the City of
Cupertino nor be related by blood or marriage to any official or employee of the City.
Commissioners should reflect the broadest possible representation of Cupertino youth.
2.95.020 Terms of Office.
A. Commission members serve at the pleasure of the City Council. The term of
office of Teen Commission members shall be for two years. Five appointments will be
made in odd-numbered years and four appointments in even-numbered years. The
terms will begin on September l5 1 and end on August 31st of the year their term is due to
expire. Commissioners shall not serve consecutive terms unless there is a vacancy for
which there is no eligible applicant, at which time the City Council may waive this
restriction.
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 and the Resolution of the Cupertino City Council which governs
the Teen Commission specifically.
2.95.030 Vacancy-Removal.
Any appointee member may be removed by a majority vote of the City Council.
Vacancies shall be filled by appointment by the City Council, and shall be for the
unexpired portion of the term of office vacated.
2.95.040 Chairperson.
The Commission shall elect its Chairperson and Vice-Chairperson from among its
members who shall serve in these capacities for one year.
2.95.050 Meetings-Quorum.
A. The Teen Commission shall hold regular meetings at least every other month,
and, at the discretion of the Commission, such other meetings as may be necessary or
expedient.
B. A majority of the Commission shall constitute a quorum for the purpose of
transacting the business of the Commission.
2.95.060 Majority Vote Required.
Ordinance No. 18 -2181
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A majority vote is required to approve a recommendation or on any matter that is
presented to the Commission which requires a vote.
2.95.070 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.
2.95.080 Powers and Functions.
The powers and functions of the Teen Commission shall be as follows:
A. Advise the City Council and staff on issues and projects important to youth.
B. Perform such other tasks as may be expressly requested of it by the City
Council.
2.95.090 Compensation-Expenses
Members of the Commission shall serve without compensation. Commissioners
may be reimbursed for necessary expenses reasonably incurred by them while acting in
their official capacity subject to the approval of the City Manager.
2.95.100 Procedural Rules.
The Commission may adopt from time to time such rules of procedure as it may
deem necessary to properly exercise its powers and duties. Such rules shall be subject to
the approval by the City Council and shall be kept on file with the Chairperson of the
Commission and the City Clerk, and a copy thereof shall be furnished to any person on
request.
2.95.110 Effect.
Nothing in this Chapter shall be construed as restricting or curtailing any powers
of the City Council or City officers.
SECTION FIVE-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 SIX -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
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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 SEVEN -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 20th
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:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
Members of the City Council
Sinks, Chang, Vaidhyanathan
Paul, Scharf
None
None
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. 18-2181, 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