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CC Ordinance No. 20-2214 Minor Municipal Code Amendments (Regular Meetings of City Council, Powers Duties of City Manager, Animals in City Buildings, Bicycle Licensing and Registration, Activities Prohibited in City Parks) ORDINANCE NO. 20-2214 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE SECTION 2.04.010 (CONCERNING REGULAR MEETINGS OF THE CITY COUNCIL); SECTION 2.28.040 (CONCERNING POWERS AND DUTIES OF THE CITY MANAGER); SECTION 8.01.090 (CONCERNING ANIMALS IN CITY BUILDINGS); CHAPTER 11.08 (CONCERNING BICYCLE LICENSING AND REGISTRATION); AND SECTION 13.04.190 (CONCERNING ACTIVITIES PROHIBITED IN CITY PARKS). The City Council of the City of Cupertino finds that: 1. The City Code of the City of Cupertino requires periodic updates in order to improve City operations and bring the Code up to date with current law and policy. 2. The City Council of the City of Cupertino held a duly noticed public hearing on October 20, 2020, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. 3. This ordinance makes minor revisions to the Cupertino Municipal Code to reflect changes in law,provide clarification to the community, and provide for improved customer service and administration of City business. 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 set forth in Exhibit A. SECTION 2. Severance Clause, 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 No.20-2214 Page 2 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 Ouality 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 environment. CEQA applies only to activities 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 October 20, 2020 and ENACTED at a regular meeting of the Cupertino City Council on November 2, 2020 by the following vote: i I Ordinance No.20-2214 Page 3 Vote Members of the City Council AYES: Scharf, Paul, Chao, Sinks, Willey NOES: None ABSENT: None ABSTAIN: None SIGNED: 1 Z 3 2n 2,0 Steven Scharf,Mayor Date City of Cupertino ATTEST: Kirsten Squarcia, City4elerk Date APPROVED AS TO FORM: Heather Minner, City Attorney Date Exhibit A—2020 Cupertino Municipal Code Update The provisions of the Cupertino Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double-underlined text ex m le) and 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. 1. Cancelation of Regular Meeting of the City Council by Majority Vote of the Council Chapter 2.04—CITY COUNCIL—ELECTION AND MEETINGS 2.04.010—Regular Meetings � g The City Council shall hold regular meetings on the first and third Tuesdays of each month at six forty-five p.m. and may adjourn any regular meeting to a date certain,which shall be specified in the order of adjournment and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meetings may likewise be adjourned and any so adjourned meeting shall be a regular meeting for all purposes. The City Council may cancel a regular meeting by a vote of a majority of the Council On regular meeting days, the City Council shall begin any closed session items at six o'clock p.m. City Council meetings that fall on legal holidays shall automatically be moved to the following day. City Council meetings that fall on any Election Tuesday in a regular Cupertino election year shall automatically be moved to the first Monday of the month. 2. City Manager's Power to Sign Purchase Orders, Contracts, Conveyances, and Other Instruments Chapter 2.28—CITY MANAGER 2.28.040—Powers and Duties The City Manager shall be the administrative head of the City government acting under the direction and control of the City Council except as otherwise provided in this chapter. In addition to his or her general powers as Chief Administrator, and not as a limitation thereon,he or she shall have the powers and duties set forth in the following subsections: a P. To sign documents specified in Section 40602 of the Government Code or to delegate to another officer such authoritv to si n,whenever such documents have been approved by the Council for execution by the City Manager or their delegee by ordinance resolution,motion,minute order or other appropriate action The Purchasing Officer given approval or award authority for the documents specified in Section 40602 of the Government Code in or pursuant to Chapter 3.22 may sign those documents PQ. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance, resolution or other action of the City Council. [No changes in subsections (A) through (0)] 3. Service Animals in City Buildings Chapter 8.01 -GENERAL PROVISIONS ' j i 1 8.01.090-Animals in City Buildings No person having the control or care of any animal or animals shall suffer or permit any such animal to enter or remain in City-owned or managed buildings other than a building used for the purpose of care, detention, space control or treatment of animals, or a building used for training classes, shows or exhibitions, except persons who are blind or- deaf a+id wha-use a service animal as defined in the Americans with Disabilitie Actc egs-€e - g+tid,ane or persons expressly authorized by the City Manager. 4. Bicycle Licensing and Registration Chapter 11.08-BICYCLES 8.040 Lieense l Juaa ee 44te City Manager-is authe4zed to issue bieyrele keens tten , 14eense,,w4eirissued7 .,a , the bieye rrv�v3��—TLic Hai6a r aftment of Metef Vehieles,- sha4 be-e d ffind-iss;Red by the City Manager. Eaeh 4eense 4"eia shal-I- 1ieenses shalll be affixed to the frent of the seat tube-ef the bieyele frame. Bieye4e keensessha4 be renewed on januaFy ist of the tl-dr-d year-f4ewing the year-of regist+atien. Renewal- j 1 of a biey ele lieense shall be incur to uYY `-`�joy fll adhesive„taFy ,7 f f ,a ,- 11 1 t 11.08.060 i number, i4ke make and type of t4e bieyele, and t validity E)f tlqe-lie , 11.08.061 1 ------^ Trd-i-^i^ .,,-,a >z gist,,at r Fora,, Bicycle Serial Numbers and Identifying Marks-Prohibited Acts. It is unlawful for any person to tamper with, destroy, mutilate or alter any Beers^ i,-.di ^r r-egfstr-ation eeF ificate, e-r te-1=emeve, alter- or-,,.,,,,ilat gi serial number or the manufacturer's identifying marks of toe r'"'s identifying symbal, on any bicycle frame- 11.08.070 Existing Licenses and Reg4str-atian. c^c5, vcrrnr RE) Ease rvi-a period bey9nd jiily 1, 1979. en such e E}33r-a4E)i+,, sk eh bieyelesll 1,1r ve lieensed c-ad i name, i t4e Elate Of tFaRsfer- and the signatafe of the ll i iso endeFsed, shall, ivitkin ten days E)f aeEfaifing i . eertifieate, upon payment t t4e City f the .,,,,-,,,,,,,riat fee. P. Evef�4 lieense 4older-shag .,t,,,-,-, his lieense inElieia and ie�4str-anon ecresreate to the shall ,;�-ki ten days, �,�-y the City T\T.,,�.,ger- of the ela a,�,�7new ,,.a,7ress shall, vviu iu, �...a.uu�-.rirc,Sri PeFsons engaged 41 the business of buying seeandkand biEyeles are fequiFed to verify the str-a-;o,-, at t4R4e of sitio-, All per-sons engaged in the business of selling new or-seeonAand bieyeles aire r-equired to rl<„s ,.,-,L<aser- of r-egstr- f;,<,-, f equifei+ients, A. 444e fees r-equifeEl to be fur-st4an#to the provisions of t4is E4apter-are-te be-set b the E)ff4c-e of the City Managef: 3_ In support of tkis c-haptef, fees eolleeted shall bemused to ifnf)r-E)ve bieyele safety pt:ogi:ams and establisk- t s,ineludingbic-yele pat4s aqEl laiqes, Nvigiin-the sslietienof the City. The Couneil shall-, iroin tii:Re to tifne, by Feselution of motion-, establish t1he al!E)C-atiOR Of fees •lcvlleEted. 5. Parks and Recreation Director's Discretion to Allow City-Sponsored Programs During Park Curfew Hours Chapter 13.04—PARKS 13.04.190—Closing Hours—Prohibitions No person in a park shall do any of the following, except as authorized by the Director for the purpose of official City programming. A. Remain, stay or loiter in any public park,between the hours of ten p.m. and six a.m. of the following day, or as may otherwise be designated by minute order or resolution of the City Council. The opening and closing hours for each individual park shall be posted therein by the department of parks and recreation for public information; B. Set up tents or other temporary shelter for the purpose of overnight camping, nor shall any person park or leave in a park, after closing hours, any vehicle or movable structure to be used,or that could be used,for such purposes, such as a horse trailer, camp trailer, pickup camper, or the like; C. Park or leave in a park, after closing hours, any vehicle. Signs shall be posted at all park entrances to notify park visitors of the effects of paragraph C of this section. End of Amendments 1 i 1 I i a 1 i 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. 20-2214 which was enacted on November 2, 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 2K day of Novo"Io eI'2020. KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California