Ordinance No. 14-2123 Amending the Cupterino Municipal Code Chapter 2.08 of Title 2 to include Section 2.08.145 relating to Call for Council Review ORDINANCE NO. 14-2123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE CUPERTINO MUNICIPAL CODE CHAPTER 2.08 OF TITLE 2 TO
INCLUDE SECTION 2.08.145 RELATING TO CALL FOR COUNCIL REVIEW
WHEREAS, this Ordinance was determined to be not a project under provisions
and requirements of the California Environmental Quality Act of 1970, together with
related State CEQA Guidelines (collectively, "CEQA"), in that the amendments do not
involve changes in the physical environment; and
WHEREAS, the City Council of the City of Cupertino is the decision-making
body for this Ordinance; and
WHEREAS, the City Council has reviewed and considered the "not a project"
determination under CEQA prior to taking any approval actions on this Ordinance; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Chapter 2.08 of Title 2 of the Cupertino Municipal Code is hereby
amended by adding Section 2.08.145 to be numbered and entitled and to read as
follows:
2.08.145 Call for Council Review.
A. Any Councilmember may initiate a call for council review of any decision or
matter that may be appealed to the City Council under this Code.
B. Filing:
1. A call for council review shall be in writing on forms prescribed by the City
and shall be filed during regular office hours. A call for council review is
subject to the same time limitations as required for an appeal of a decision.
A call for council review not filed within such time shall be barred.
2. A call for council review is not subject to a fee.
C. Noticing: Notice of hearing shall be given in the same manner as would be
required in an appeal of the matter.
Ordinance No. 14-2123
Page 2
D. Grounds: If a call for council review is made by a Councilmember, there is a
presumption that the reason for the review is that the action has significant or
material effects on the quality of life within Cupertino. No inference of bias shall
be made or implied due to a call for council review by a Councilmember, and the
Councilmember who filed the call for council review may participate in the
hearing on the matter.
E. Hearing Body: The City Council shall decide the matter on review in accordance
with the provisions of this Code.
F. Decision of the City Council: The decision or determination of the City Council
shall be final and effective immediately.
G. Notice of Decision: Notice of the City Council's decision shall be mailed to the
h has filed a written request with
original a applicant and to an other person who q
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the City Clerk.
SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall
give notice of its adoption as required by law. Pursuant to Government Code Section
36933, a summary of this Ordinance may be published and posted in lieu of publication
and posting of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 21s'
day of October and ENACTED at a regular meeting of the City Council of the City of
Cupertino the 3rd of November 2014,by the following vote:
PASSED:
Vote: Members of the City Council
Ayes: Wong, Sinks, Chang, Mahoney, Santoro
Noes: None
Absent: None
Abstain: None
ATTEST: _ APPROVED
C C�m
Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of Cuperti o
e
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. 14-2123, which was
enacted on November 3, 2014, 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 4th day of November, 2014.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
Ordinance Certificate