CC Ordinance No. 22-2240 Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development CommitteeORDINANCE NO. 22-2240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TITLE 2
CHAPTER 2.96: ECONOMIC DEVELOPMENT COMMITTEE
The City Council of the City of Cupertino finds that:
1. The purpose of this Ordinance is to establish the Economic Development
Committee (EDC).
2. The EDC has met informally for well over two decades to discuss items of
importance pertinent to local businesses and to provide feedback to staff on
business-related City initiatives or projects. As part of the FY 2021-2022 City Work
Program discussion, the City Council requested that the EDC be codified in the
Municipal Code through an ordinance.
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 to add Chapter 2.96 as set forth in
Attachment A .
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 readoption of the earlier provisions.
1
Ordinance No . 22-2240
Page2
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines ( collectively, "CEQA") because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project w1der 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 that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for 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
Municipal Code would have no or only a de minimis effect 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 special meeting of the Cupertino City Council on July 07,
2022, and ENACTED at a regular meeting of the Cupertino City Council on July 19,
2022, by the following vote:
Members of the City Council
AYES : Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No. 22-2240
Page3
SIGNED:
//-. ~-----L/ ID
Darcy Paul, Mayor
City of Cupertino
ATTEST:
Kirsten Squarcia, City Clerk
APPROVED AS TO FORM:
cltr~ D. je-Mffl,
Christopher D. Jensen, City Attorney
s:,lt /z.(.J--z.._ z
Date
Date
Jul 26) 2022
Date
8/8/22
ATTACHMENT A-Chapter 2.96: Economic Development Committee
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
2.96 .010 Established-Composition.
A. The Economic Development Committee of the City of Cupertino is established.
The Economic Development Committee (hereinafter referred to in this Chapter
as "Committee") shall consist of nine (9) members as follows:
1. City Councilmember
2. City Councilmember
3. Technology Sector Business Representative
4. Retail/Small Business Representative
5. Hospitality/Tourism Sector Representative
6. Education Sector Representative
7. Commercial Real Estate Representative
8. Sustainability Commissioner
9. Technology, Information, and Communications Commissioner
B. The Committee shall be comprised of: (1) two Councilmembers; (2) one
representative from each of the following industry sectors -Technology, Retail,
Hospitality, Education, and Commercial Real Estate; and (3) one member who is
currently serving on the Sustainability Commission; and (4) one member who is
currently serving on the Technology, Information, and Communications
Commissions. At least two industry sector representative Committee Members
shall be Cupertino residents.
C. None of the industry sector representative Committee Members shall be officials
or employees of the City. No member of the Committee shall cohabit with, as
defined by law, nor be related by blood or marriage, to any other member of the
Committee, to the City Manager, or to any staff person(s) who may be assigned
to assist this Committee.
D. Members of the Committee shall be appointed by the City Council.
2.96.020 Terms of Office.
Attachment A -Page 1
Ordinance No. 22-2240
Page2
A. Committee Members serve at the pleasure of the City Council. The term of office
for Committee Members shall be staggered with the initial appointment of five
members to two-year terms and four members to four-year terms . Following the
initial appointment, all members shall be appointed to four-year terms. If a
Committee Member is replaced or removed by Council, resigns, or is no longer
eligible to serve on the Committee, Council shall appoint a replacement to serve
the remaining period of the Committee Member's term. All terms shall end on
January 30 of the year the term is due to expire. No Committee Member shall
serve more than two consecutive terms, except that a Committee Member may
serve more than two consecutive terms if he or she has been appointed to the
Committee to fill an unexpired term of less than two years.
B. The appointment, reappointment, and rules governing industry sector
representative Committee Members are governed by the Resolution of the
Cupertino City Council which governs advisory bodies.
C. The City Council may in its discretion adopt different policies, procedures, and
terms of service for the appointment of City Councilmembers and Commissioners to
serve on the Committee.
2.96.030 Members-Vacancy or Removal.
Any Committee Member may be removed by a majority vote of the City Council. If a
vacancy occurs, other than by expiration of a term, it shall be filled by the City Council's
appointment for the unexpired portion of the term.
2.96.040 Chairperson.
The Committee shall elect its Chairperson and Vice Chairperson from among its
Members [and shall appoint a secretary]. Terms of the Chair and Vice Chair shall be for
one year.
2.96.050 Meetings-Quorum.
A. The Committee shall hold regular meetings on a quarterly basis on and at the
discretion of the Committee shall hold other meetings as may be necessary or
expedient.
Attachment A -Page 2
Ordinance No. 22 -2240
Page3
B. A majority of the Committee shall constitute a quorum for the purpose of
transacting the business of the Committee.
C. A special meeting may be called at any time by the chairperson or by a majority of
the Committee Members upon notice being given in advance in accordance with
the provisions of the Ralph M. Brown Act or successor statute in effect at the time.
2.96.060 Majority Vote Required.
A majority vote of Committee Members present and voting is required to approve a
recommendation on any matter that is presented to the Committee that requires a vote.
2.96.070 Records.
The Committee 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.
2.96.080 Powers and Functions.
A. The powers and functions of the Committee shall be to serve in an advisory
capacity to the City Council and to provide expertise and guidance on policy
related to economic development. The Committee shall also actively promote
Cupertino as a location of choice for current and prospective businesses.
B. To fulfill their mission, the Committee may involve itself in the following
activities:
1. Make recommendations to the City Council on a broad range of strategic matters
broadly applicable to the City's economic development goals;
2. Serve as an ambassador to shed a positive light on the City by sharing economic
development resources and information to prospective businesses and
stakeholders, thus positioning the City as a location of choice; and
3. Encourage public/private partnerships to further the City's economic
development goals by identifying potential resources.
Attachment A -Page 3
Ordinance No. 22-224 0
Page4
2.96.090 City Staff Assistance.
The Committee shall have available to it such assistance of City staff as may be required
to perform its functions, the staff assignments and administrative procedures to be
1mder the general direction and supervision of the Economic Development Manager.
2.96 .100 Compensation-Expenses.
Committee Members shall serve without compensation. Committee Members may be
reimbursed for necessary expenses reasonably incurred by them while acting in their
official capacity subject to the approval of the City Manager.
2.96.110 Procedural Rules.
The Committee 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 kept on file
with the Chairperson of the Committee, the Mayor, and the City Clerk, and a copy
thereof shall be furnished to any person on request.
2.96.120 Effect.
Nothing in this Chapter shall be construed as restricting or curtailing any powers of the
City Council or City officers .
Attachment A -Page 4
Ord 22-2240, Amending City Code Title
2, Chapter 2.96: Economic Development
Committee
Final Audit Report 2022-07-26
Created: 2022-0 7-2 6
By: Arace li Al eja ndre (araceli a@cuperti no.org)
Status: Sig ned
Transaction ID: CBJ CHBCAABAA_UQmdcOEP5V _GAip lr7xzC7 A9sQ3Fm EL
"Ord 22-2240, Amending City Code Title 2, Chapter 2.96: Econo
mic Development Committee" History
t'.:I Document created by Araceli Alejandre (aracelia@cupertino.org)
20 22-07-26 -9:4 9:05 PM GMT-IP address: 73 .170.2 7.25 3
12. Document emailed to christopherj@cupertino.org for signature
202 2-07-26 -9:50 :13 PM GMT
t'.:I Email viewed by christopherj@cupertino.org
2022 -07-26-10 :25 :26 PM GMT-IP address: 104.47 .73.254
0'e Signer christopherj@cupertino .org entered name at signing as Christopher D. Jensen
2022-07-26 -10:25:46 PM GMT-IP address : 136 .24.42 .212
0'e Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-07-26-10:25:47 PM GMT-Time Source : server-IP add ress: 136 .24 .42.212
0 Agreement completed.
2022-07-26 -10 :25 :47 PM GMT
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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. 22-2240
which was enacted on July 19, 2022, 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 8th day of August 2022.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California