CC Ordinance No. 20-2196 Repealing Ordinance No. 006 Regarding Adoption of Robert's Rules of Order and Amending Chapter 2.08 of the Cupertino Municipal Code Accordingly ORDINANCE NO. 20-2196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REPEALING ORDINANCE NO. 006 REGARDING ADOPTION OF ROBERT'S
RULES OF ORDER AND AMENDING CHAPTER 2.08 OF THE CUPERTINO
MUNICIPAL CODE ACCORDINGLY
The City Council of the City of Cupertino finds that:
1. In 1955 the Cupertino City Council adopted Ordinance No. 006 regarding the
Council's adoption of Roberts' Rules of Order (75th Anniversary Edition,
copyrighted 1951) as the parliamentary rules of procedure, and only a portion of
said Ordinance was codified in the Cupertino Municipal Code. These
parliamentary rules are outdated and the City Council desires to adopt clear
parliamentary rules to guide the proceedings for Council and Commission
meetings, and to provide clarity and transparency for the benefit of the general
public.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Adoption.
Ordinance No. 006 is hereby repealed in its entirety.
Section 2.08.010 Cupertino Municipal Code is hereby removed as shown below. 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.
2.08.010 Adoption of Rules.
44ie City Coun64 may adept from time to time such rules of proEedu_veas it-may dee.m..
necessary to pfoper-ly exeFcise its poivers and duties. Such tules shall become effeEfiVe UpE)
a ----i----J vote of he ---- ei4 i4 and- _- ---- - ---r City ------and - copy --------
s1fl-M-1 be&4iibited to any per-son upon request-.
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
Ordinance No. 20-2196
Page 2
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.
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. 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 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 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.
Ordinance No. 20-2196
Page 3
INTRODUCED at a regular meeting of the Cupertino City Council on January
21, 2020 and ENACTED at a regular meeting of the Cupertino City Council on February
4, 2020 by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SI ED:
2_D ZO
Steven Scharf, Mayor Date
City of Cupertino
ATTEST:
l
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
oti — ,OA— �-o
Heather Minner, City Attorney Date
i
i
3
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
1, 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. 20-2196, which
was enacted on February 4, 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 2-V day of February 2020.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California