CC Ordinance No. 15-2127 Amending Section 2.36.303 Members-Vacancy or Removal Section 2.36.070 Records Required, and Section 2.36.080 Powers and Functions of Muni Code Regarding Parks & Recreation CommissionORDINANCE NO. 15-2127
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING SECTION 2.36.303 MEMBERS -VACANCY
OR REMOVAL, SECTION 2.36.070 RECORDS REQUIRED, AND
SECTION 2.36.050 POWERS AND FUNCTIONS, OF THE, CUPERTINO
MUNICIPAL CODE REGARDING THE PARKS AND RECREATION
COMMISSION
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 to the Code are
changes to administrative policies ,which do not involve a direct or reasonably
foreseeable indirect impact on 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. Section 2.36.030, of Chapter 2.36 of Title 2 of the Cupertino Municipal
Code is hereby amended to read as follows:
2.36.030 Members—Vacancy or Removal.
Any appointee member may be removed by a majority vote of the total membership of
the City Council. If a vacancy occurs other than by expiration of a term, it shall be filled
by appointment by the City Council for the unexpired portion of the term.
SECTION 2. Section 2.36.070, of Chapter 2.36 of Title 2 of the Cupertino Municipal
Code is hereby amended to read as follows: -
2.36.070 Records Required.
The Commission shall keep an accurate record of its proceedings and transactions, and
through the Director of Recreation and Community Services shall render such reports
to the City Council as may be required.
SECTION 3. Section 2.36.080, of Chapter 2.36 of Title 2 of the Cupertino Municipal
Code is hereby amended to read as follows:
2.36.080 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, Sheriff, Library, Fire, and Disaster Preparedness), 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 service activities to outlying areas of the City;
G. In cooperation with the Director of Recreation and Community Services, the
Commission will consider, review, and evaluate all parks, recreation programs, and
community services;
H. To consider, formulate, and propose cultural activities and historical preservation for
the City and its residents.
SECTION 4. Section 2.36.090, of Chapter 2.36 of Title 2 of the Cupertino Municipal
Code is hereby amended to read as follows:
2.36.090 Procedural Rules.
The City Park and Recreation Commission may adopt from time to time such rules of
procedure as it may deem necessary to properly exercise its functions. Such rules shall
be recommended to the Director of Recreation and Community Services and shall be
subject to approval by the City Council before becoming effective. All such rules shall
be kept on file with the Chairman of the City Park and Recreation Commission, the
department office, and the Mayor, and a copy thereof shall be furnished each
Commissioner and any other person upon request.
SECTION 5. 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 20th
day of January, 2015, and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 3rd day of February 2015, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes: Sinks, Chang, Paul, Vaidhyanathan, Wong
Noes: None
Absent: None
Abstain: None
ATTEST: APPROVED:
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Grace Schmidt, City Clerk
Rod Sinks, Mayor, City of Cupertino
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. 15-2127, which was
enacted on February 3, 2015, 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 February 2015.
GRACE SCHMIDT, City Clerk and Ex -officio Clerk
of the City Council of the City of Cupertino, California