CC Ordinance No. 20-2214 Minor Municipal Code Amendments (Regular Meetings of City Council, Powers Duties of City Manager, Animals in City Buildings, Bicycle Licensing and Registration, Activities Prohibited in City Parks) ORDINANCE NO. 20-2214
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CUPERTINO MUNICIPAL CODE SECTION 2.04.010 (CONCERNING
REGULAR MEETINGS OF THE CITY COUNCIL); SECTION 2.28.040 (CONCERNING
POWERS AND DUTIES OF THE CITY MANAGER); SECTION 8.01.090 (CONCERNING
ANIMALS IN CITY BUILDINGS); CHAPTER 11.08 (CONCERNING BICYCLE
LICENSING AND REGISTRATION); AND SECTION 13.04.190 (CONCERNING
ACTIVITIES PROHIBITED IN CITY PARKS).
The City Council of the City of Cupertino finds that:
1. The City Code of the City of Cupertino requires periodic updates in order to
improve City operations and bring the Code up to date with current law and
policy.
2. The City Council of the City of Cupertino held a duly noticed public hearing on
October 20, 2020, and after considering all testimony and written materials provided
in connection with that hearing introduced this ordinance and waived the reading
thereof.
3. This ordinance makes minor revisions to the Cupertino Municipal Code to reflect
changes in law,provide clarification to the community, and provide for improved
customer service and administration of City business.
NOW,THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Exhibit A.
SECTION 2. Severance Clause,
The City Council declares that each section,sub-section,paragraph,sub-paragraph,sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any
section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance
is held invalid, or its application to any person or circumstance,be determined by a court of
competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council
declares that it would have adopted the remaining provisions of this ordinance irrespective
of such portion, and further declares its express intent that the remaining portions of this
Ordinance No.20-2214
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ordinance should remain in effect after the invalid portion has been eliminated. To the extent
the provisions of this Ordinance are substantially the same as previous provisions of the
Cupertino Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3. California Environmental Ouality Act.
This Ordinance is not a project under the requirements of the California Quality Act of 1970,
together with related State CEQA Guidelines (collectively, "CEQA") because it has no
potential for resulting in physical change in the environment,either directly or ultimately.In
the event that this Ordinance is found to be a project under CEQA,it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility of a significant effect on the environment. CEQA applies only
to activities which have the potential of causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA. In this
circumstance,the amendments to the City Code would have no or only a de minimis impact
on the environment. The foregoing determination is made by the City Council in its
independent judgment.
SECTION 4. Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government Code
Section 36937.
SECTION 5. Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law. Pursuant
to Government Code Section 36933, a summary of this Ordinance may be prepared by the
City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in
the office of the City Clerk a certified copy of the full text of the Ordinance listing the names
of the City Council members voting for and against the ordinance.
INTRODUCED at a regular meeting of the Cupertino City Council on October 20, 2020 and
ENACTED at a regular meeting of the Cupertino City Council on November 2, 2020 by the
following vote:
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Ordinance No.20-2214
Page 3
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
1 Z 3 2n 2,0
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Kirsten Squarcia, City4elerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
Exhibit A—2020 Cupertino Municipal Code Update
The provisions of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text ex m le) and text to
be deleted is shown in strikethrough (fie). Text in existing provisions is not amended or
readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the code.
1. Cancelation of Regular Meeting of the City Council by Majority Vote of the Council
Chapter 2.04—CITY COUNCIL—ELECTION AND MEETINGS
2.04.010—Regular Meetings
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The City Council shall hold regular meetings on the first and third Tuesdays of each month
at six forty-five p.m. and may adjourn any regular meeting to a date certain,which shall be
specified in the order of adjournment and when so adjourned, such adjourned meeting shall
be a regular meeting for all purposes. Such adjourned meetings may likewise be adjourned
and any so adjourned meeting shall be a regular meeting for all purposes. The City Council
may cancel a regular meeting by a vote of a majority of the Council
On regular meeting days, the City Council shall begin any closed session items at six o'clock
p.m.
City Council meetings that fall on legal holidays shall automatically be moved to the
following day.
City Council meetings that fall on any Election Tuesday in a regular Cupertino election year
shall automatically be moved to the first Monday of the month.
2. City Manager's Power to Sign Purchase Orders, Contracts, Conveyances, and Other Instruments
Chapter 2.28—CITY MANAGER
2.28.040—Powers and Duties
The City Manager shall be the administrative head of the City government acting under the
direction and control of the City Council except as otherwise provided in this chapter. In
addition to his or her general powers as Chief Administrator, and not as a limitation
thereon,he or she shall have the powers and duties set forth in the following subsections:
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P. To sign documents specified in Section 40602 of the Government Code or to delegate
to another officer such authoritv to si n,whenever such documents have been approved
by the Council for execution by the City Manager or their delegee by ordinance
resolution,motion,minute order or other appropriate action The Purchasing Officer
given approval or award authority for the documents specified in Section 40602 of the
Government Code in or pursuant to Chapter 3.22 may sign those documents
PQ. To perform such other duties and exercise such other powers as may be delegated to
him or her from time to time by ordinance, resolution or other action of the City Council.
[No changes in subsections (A) through (0)]
3. Service Animals in City Buildings
Chapter 8.01 -GENERAL PROVISIONS ' j
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8.01.090-Animals in City Buildings
No person having the control or care of any animal or animals shall suffer or permit any
such animal to enter or remain in City-owned or managed buildings other than a building
used for the purpose of care, detention, space control or treatment of animals, or a building
used for training classes, shows or exhibitions, except persons who are blind or- deaf a+id
wha-use a service animal as defined in the Americans with Disabilitie Actc egs-€e -
g+tid,ane or persons expressly authorized by the City Manager.
4. Bicycle Licensing and Registration
Chapter 11.08-BICYCLES
8.040 Lieense l Juaa ee
44te City Manager-is authe4zed to issue bieyrele keens tten ,
14eense,,w4eirissued7 .,a , the bieye
rrv�v3��—TLic Hai6a
r
aftment of
Metef Vehieles,- sha4 be-e d ffind-iss;Red by the City Manager. Eaeh 4eense 4"eia shal-I-
1ieenses shalll be affixed to the frent of the seat tube-ef the bieyele frame. Bieye4e keensessha4 be renewed on januaFy ist of the tl-dr-d year-f4ewing the year-of regist+atien. Renewal-
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of a biey ele lieense shall be incur to uYY `-`�joy fll adhesive„taFy ,7 f f ,a ,- 11 1 t
11.08.060
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number, i4ke make and type of t4e bieyele,
and
t validity E)f tlqe-lie ,
11.08.061 1 ------^ Trd-i-^i^ .,,-,a >z gist,,at r Fora,, Bicycle Serial Numbers and Identifying
Marks-Prohibited Acts.
It is unlawful for any person to tamper with, destroy, mutilate or alter any Beers^ i,-.di ^r
r-egfstr-ation eeF ificate, e-r te-1=emeve, alter- or-,,.,,,,ilat gi serial number or the
manufacturer's identifying marks of toe r'"'s identifying symbal, on any bicycle frame-
11.08.070 Existing Licenses and Reg4str-atian.
c^c5, vcrrnr RE) Ease rvi-a
period bey9nd jiily 1, 1979. en such e E}33r-a4E)i+,, sk eh bieyelesll 1,1r ve lieensed c-ad
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name, i
t4e Elate Of tFaRsfer-
and the signatafe of the ll
i iso endeFsed,
shall, ivitkin
ten days E)f aeEfaifing i .
eertifieate, upon payment t t4e City f the .,,,,-,,,,,,,riat fee.
P. Evef�4 lieense 4older-shag .,t,,,-,-, his lieense inElieia and ie�4str-anon ecresreate to the
shall ,;�-ki ten days, �,�-y the City T\T.,,�.,ger- of the ela a,�,�7new ,,.a,7ress
shall, vviu iu, �...a.uu�-.rirc,Sri
PeFsons engaged 41 the business of buying seeandkand biEyeles are fequiFed to verify the
str-a-;o,-, at t4R4e of sitio-,
All per-sons engaged in the business of selling new or-seeonAand bieyeles aire r-equired to
rl<„s ,.,-,L<aser- of r-egstr- f;,<,-, f equifei+ients,
A. 444e fees r-equifeEl to be fur-st4an#to the provisions of t4is E4apter-are-te be-set b
the E)ff4c-e of the City Managef:
3_
In support of tkis c-haptef,
fees eolleeted shall bemused to ifnf)r-E)ve bieyele safety pt:ogi:ams and establisk-
t s,ineludingbic-yele pat4s aqEl laiqes, Nvigiin-the sslietienof the City. The
Couneil shall-, iroin tii:Re to tifne, by Feselution of motion-, establish t1he al!E)C-atiOR Of fees
•lcvlleEted.
5. Parks and Recreation Director's Discretion to Allow City-Sponsored Programs During Park
Curfew Hours
Chapter 13.04—PARKS
13.04.190—Closing Hours—Prohibitions
No person in a park shall do any of the following, except as authorized by the Director for
the purpose of official City programming.
A. Remain, stay or loiter in any public park,between the hours of ten p.m. and six a.m. of
the following day, or as may otherwise be designated by minute order or resolution of the
City Council. The opening and closing hours for each individual park shall be posted
therein by the department of parks and recreation for public information;
B. Set up tents or other temporary shelter for the purpose of overnight camping, nor shall
any person park or leave in a park, after closing hours, any vehicle or movable structure to
be used,or that could be used,for such purposes, such as a horse trailer, camp trailer,
pickup camper, or the like;
C. Park or leave in a park, after closing hours, any vehicle. Signs shall be posted at all park
entrances to notify park visitors of the effects of paragraph C of this section.
End of Amendments
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, 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. 20-2214 which
was enacted on November 2, 2020, 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 2K day of Novo"Io eI'2020.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California