CC Ordinance No. 19-2185 Amending City Code Title 2, Administration and Personnel, of the Cupertino Municipal Code Chapter 2.86 (Housing Commission), to amend the Representative from a Financial Institution Requirement ORDINANCE NO. 19-2185
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TITLE 2, ADMINISTRATION AND PERSONNEL,
OF THE CUPERTINO MUNICIPAL CODE CHAPTER 2.86 (HOUSING
COMMISSION), TO AMEND THE REPRESENTATIVE FROM A FINANCIAL
INSTITUTION REQUIREMENT
The City Council of the City of Cupertino finds that:
1. On May 21, 2019, the City Council directed staff to bring forth a Municipal Code
Amendment to consider eliminating the financial representative position.
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 shown below.
CHAPTER 2.86: HOUSING COMMISSION
2.86.010 Established—Composition.
A. The Housing Commission of the City is established. The Housing Commission
shall consist of five members as follows:
1. Representative from a Cupertino business,
2. Four community members,
B. The representatives from a Cupertino business and the community members shall
not be officials or employees of the City, nor cohabit with, as defined by law, nor be
related by blood or marriage, to any member of the Commission, the City Manager or the
staff person(s) assigned to this Commission.
C. The Director of Community Development, or his or her designee, shall provide
technical assistance to the Commission.
(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1
(part), 1994; Ord. 1576, § 1 (part), 1992)
2.86.020 Members—Residency—Selection.
A. The Housing Commission member that is the representative of a business is not
required to be a Cupertino resident, but the business represented must be located in
Cupertino. The four community members must be residents of Cupertino.
Ordinance No.19-2185
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B. In selection of community members, the City Council may give priority to:
1. Applicants who represent the Community Development Block Grant (CDBG)
target areas as described in the city's Consolidated Plan.
2. Applicants who are familiar with the operation of affordable housing;
3. Applicants who represent non-profit community organizations; and
4. Applicants who are knowledgeable about the housing needs of groups targeted
for affordable housing development which include, but are not limited to, the following:
1. Seniors,
2. Single parent families,
3. Homeless persons,
4. Families of low income,
5. Disabled persons,
6. Renters,
7. First time homebuyers.
(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1
(part), 1994; Ord. 1576, § 1 (part), 1992)
SECTION 2: Severability and Continuity.
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 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 re-adoption of the earlier provisions.
SECTION 3: California Environmental Quality 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
Ordinance No. 19-2185
Page 3
environment. CEQA applies only to projects 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 June 18,
2019 and ENACTED at a regular meeting of the Cupertino City Council on July 16, 2019
by the following vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No.19-2185
Page 4
SIGNED:
A�l /lx�:—_ Date
Steven Scharf, Mayor
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date
APPROVED AS TO FORM:
A c it L- `-, � 7/
Heather Minner, City Attorney Date
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
1, 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. 19-2185, which was
enacted on July 16t'', 2019, 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 16t' day of July, 2019.
GRACE SCHMIDT, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California