CC Ordinance No. 20-2215 Regarding the City of Cupertino Minimum Wage ORDINANCE NO. 20-2215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REGARDING THE CITY OF CUPERTINO MINIMUM WAGE
The City Council of the City of Cupertino funds that:
1. In 2016 the City Council approved Ordinance 16-2151 adopting the City's
Minimum Wage Ordinance.
2. The nearby cities of Los Altos, Palo.Alto, and Santa Clara have also adopted
Minimum Wage Ordinances and it is in the interest of local businesses and
employees to have a consistent minimum wage among those cities and the City of
Cupertino.
3. The Minimum Wage Ordinance.provides that the City is authorized to coordinate
implementation of the Minimum Wage Ordinance and to adopt guidelines for that
purpose. The City is coordinating implementation of the ordinance with the cities
of Los Altos, Palo Alto, and Santa Clara such that the minimum wage will be
consistent among those cities and the City of Cupertino in 2021 and following
years and the City has worked with these cities and adopted guidelines for
uniform calculation of the minimum wage.
4. To achieve the desired uniformity among the cities of Los Altos, Palo Alto, and
Santa Clara this ordinance makes a one-time adjustment to the City of Cupertino
minimum wage.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. 2021 Minimum Wage.
The minimum wage for 2021 is set at$15.65 per hour notwithstanding any other
provision of the Cupertino Municipal Code.
SECTION 2: Severability and Continuity.
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Ordinance No.20-2215
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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.
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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
environment. CEQA applies only to projects which have the potential of causing a
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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 b Government
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e ent
Code Section 36937.
SECTION 5: Publication. 1
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
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Ordinance No. 20-2215
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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:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
IL� 11 o zL
Steven Scharf, Mayor Dat
City of Cupertino
ATTEST:
Kirsten Squarcia, dy Clerk Date
APPROVED AS TO FORM:
Heather Minner, City Attorney Date
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. 20-2215 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 ZY day of N°Ue-A\-e/ 2020.
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California