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Ordinance No. 974214 ORDINANCE NO. 974 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE CYPRESS MUNICIPAL CODE RELATING TO THE APPOINTMENT TO BOARDS, COMMISSIONS, AND COMMITTEES AND RELATING TO SPECIAL PERMITS AND EXEMPTIONS FOR CERTAIN ORGANIZATIONS WHEREAS, the City Council of the City of Cypress has considered the various and inconsistent provisions of the Municipal Code relating to the appointment of members of various boards, commissions, and committees, and desires to provide for a uniform system by which such appointments are effectuated; and WHEREAS, the City Council of the City of Cypress has considered the provisions of the Municipal Code relating to exemptions from the permit requirements for charitable organizations and desires to further empower the Cypress Police Department in its investigation of the bonafide status of applicants for such exemptions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection (a) of Section 2 -22 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: Each member of the cable television commission shall be a resident of the City and a registered voter at the time of appointment, and during the entire tenure of service on the commission, shall not be a member of any other City board or commission, shall not hold any other office or employment with the City (including any employment contract subject to the jurisdiction of the City Council), and shall be nominated for such position by one or more members of the City Council. The City Council shall appoint the members of the cable television commission by at least three (3) affirmative votes. SECTION 2. The first sentence of Subsection 2 -31 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: Each member of the cultural arts commission shall be a resident of the City and a registered voter at the time of appointment, and during the entire tenure of service on the commission, shall not be a member of any other City board or commission, shall not hold any other office or employment with the City (including any employment contract subject to the jurisdiction of the City Council), and shall be nominated for such position by one or more members of the City Council. The City Council shall appoint the members of the cultural arts commission by at least three (3) affirmative votes. SECTION 3. The first sentence of Section 2 -43 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: Each member of the recreation and community services commission shall be a resident of the City and a registered voter at the time of appointment, and during the entire tenure of service on the commission, shall not be a member of any other City board or commission, shall not hold any other office or employment with the City (including any employment contract subject to the jurisdiction of the City Council), and shall be nominated for such 268 /017943 -0001 /3132791.1 a02/10/98 -1- position by one or more members of the City Council. The City Council shall appoint the members of the recreation and community services commission by at least three (3) affirmative votes. SECTION 4. Subsection (a) of Section 2 -61 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: There is hereby established a senior citizens commission consisting of seven (7) members and four (4) alternates. Each member and alternate member of the senior citizens commission shall be a resident of the City and a registered voter at the time of appointment, and during the entire tenure of service on the commission, shall not be a member of any other City board or commission, shall not hold any other office or employment with the City (including any employment contract subject to the jurisdiction of the City Council), and shall be nominated for such position by one or more members of the City Council. Members and alternate members of the senior citizens commission shall be appointed by the City Council by at least three (3) affirmative votes. SECTION 5. Section 2 -91 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: The youth commission shall consist of seven (7) members. Each member of the youth commission shall be a resident of the City at the time of appointment, and during the entire tenure of service on the commission, shall not be a member of any other City board or commission, and shall be nominated for such position by one or more members of the City Council. At the time of appointment, commission members shall not be less than fourteen (14) nor more than eighteen (18) years old. The City Council shall appoint the members of the youth commission by at least three (3) affirmative votes. In doing so, the City Council shall consider, but shall not be bound by, the recommendations of the administrations and student governments of the various secondary schools which serve the community, and shall endeavor to provide as broad as possible a representation from said schools and from the various geographic areas of the city. SECTION 6. The following sections, or portions thereof, of Articles IV, V, VI, VII, and IX shall be deleted from the Cypress Municipal Code. In the event an entire section of the Cypress Municipal Code is deleted by this ordinance, the following section(s) shall be sequentially renumbered beginning with the section number deleted: Section No. Extent of Deletion 2 -20.1 The entire second sentence. 2 -26 The entire section. 2 -29 The entire second sentence. 2 -38 The entire section. 2 -41 The entire second sentence. 2 -50 The entire section. SECTION 7. Section 15- 57.A(2) of the Cypress Municipal Code is hereby amended to read in its entirety as follows: (a) Applications for an exemption from the permit requirements of this article shall be filed on a form provided by 268/017943 - 0001/3132791.1 a02 /I0 /98 -2- the City, shall be submitted to the director of finance, and shall include the following information: (1) The full name and address of the applicant. If the applicant is a corporation, the names, dates of birth, driver's license numbers, social security nmbers, and residence addresses of its board of directors, president, vice - president, treasurer, secretary, chief financial officer, chief executive officer, or equivalents and those persons who will have day -to -day managerial control of the business. If the applicant is a partnership or unincorporated association, the names, dates of birth, driver's license numbers, social security numbers, and residence addresses of those partners or association members owning more than ten percent (10 %) of the business, as well as the names of all persons who will have day -to -day managerial control of the business. If the applicant is engaged in the business of a solicitor as defined in this article, the names, dates of birth, driver's license numbers, social security numbers, and residence addresses of all those proposed to act as solicitors in the City. (2) Whether the persons referenced in Subsection (1) of this Section have, within the last five (5) years, been convicted of a felony or of any crime involving theft, embezzlement, or moral turpitude; have been convicted of violating any municipal or county ordinance relating to this article; or operated or conducted a place of business in a manner constituting a public nuisance. (3) The location, place, or area within which the business is to be conducted. (4) A complete description of the nature of the business to be conducted, including the method and manner of business operations. (5) A description of the nature, kind, and quantity of equipment to be used in connection with such business. (6) A statement, under penalty of perjury, the applicant has personal knowledge of the information contained in the application, that the information contained in the application is true and correct, and that the applicant has read and understands the provisions of this article. (7) A statement, under penalty of perjury, the applicant has and will continue to meet the requirements of Section 15- 57.A(1)(a) and /or (b) of this article, together with such audited financial statements as may be required by the City to verify that the expenditures of funds complies with the exemption provision(s) of this article. (b) Upon receipt of the application and fee specified above, the director of finance, after forwarding a copy of the 268/017943 - 0001/3132791.1 a02/10/98 -3- 217 application to the City Council, shall refer the matter to the chief of police who shall, within ten (10) business days following receipt of the application, determine whether the application contains all information required by the various provisions of this article. If it is determined that the application is not complete, the applicant shall be notified in writing within five (5) business days of the date of such determination is made that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall have thirty (30) calendar days to submit the additional information to render the application complete. Failure to do so within this thirty (30) day period shall render the application void. Within five (5) business days following the receipt of an amended application or supplemental information, the chief of police shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified within five (5) days of the date the application is found to be complete. All notices required by this article shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided. (c) Upon determining that an application is complete, the chief of police shall, within thirty (30) calendar days, conduct an investigation of the information contained in the application to determine if a permit should be issued. Such investigation shall be undertaken as the chief of police shall best determine, and may include requesting additional facts or information from the applicant bearing upon the nature of the business in question, the place where the business is to be conducted, the qualifications of the applicant, its employees or associates, and such other independent investigation as the chief of police shall deem necessary or appropriate in order to report on the qualifications of or fitness of the application for the permit being sought. SECTION 8. Section 15 -58 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: Applications for a special permit required by this article shall be filed on a fore provided by the City, shall be submitted to the director of finance, and shall include the following information: (1) The full name and address of the applicant. If the applicant is a corporation, the names, dates of birth, driver's license numbers, social security numbers, and residence addresses of its board of directors, president, vice - president, treasurer, secretary, chief financial officer, chief executive officer, or equivalents and those persons who will have day -to -day managerial control of the business. If the applicant is a partnership or unincorporated association, the names, dates of birth, driver's license numbers, social security numbers, and residence addresses of those partners or association members owning more than ten percent (10 %) of the business, as well as the names of all persons who will have day -to -day managerial control of the business. If the applicant is engaged in the business of a solicitor as defined in this 268/017943 - 0001/3132791.1 a02/t0/98 -4- article, the names, dates of birth, driver's license numbers, social security numbers, and residence addresses of all those proposed to act as solicitors in the City. (2) Whether or not the persons referenced in Subsection (1) of this Section have, within the last five (5) years, been convicted of a felony or of any crime involving theft, embezzlement, or moral turpitude; have been convicted of violating any municipal or county ordinance relating to this article; or operated or conducted a place of business in a manner constituting a public nuisance. (3) The location, place, or area within which the business is to be conducted. (4) A complete description of the nature of the business to be conducted, including the method and manner of business operations. (5) A description of the nature, kind, and quantity of equipment to be used in connection with such business. (6) A statement under oath that the applicant has personal knowledge of the information contained in the application, that the information contained in the application is tnie and correct, and that the applicant has read and understands the provisions of this article. SECTION 9. Section 15 -60 of the Cypress Municipal Code is hereby amended to read in its entirety as follows: (a) Upon receipt of the application and fee specified above, the director of finance, after forwarding a copy of the application to the city counsel, shall refer the matter to the chief of police who shall, within ten (10) business days following receipt of the application, determine whether the application contains all information required by the various provisions of this article. If it is determined that the application is not complete, the applicant shall be notified in writing within five (5) business days of the date of such determination is made that the application is not complete and the reasons therefore, including any additional information necessary to render the application complete. The applicant shall have thirty (30) calendar days to submit the additional information to render the application complete. Failure to do so within this thirty (30) day period shall render the application void. Within five (5) business days following the receipt of an amended application or supplemental information, the chief of police shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified within five (5) days of the date the application is found to be complete. All notices required by this article shall be deemed given upon the date they are either deposited in the United States mail or the date upon which personal service of such notice is provided. 268/017943- 0001/3132791.1 a02110/98 -5- 219 (b) Upon determining that an application is complete, the chief of police shall, within thirty (30) calendar days, conduct an investigation of the information contained in the application to determine if a permit should be issued. Such investigation shall be undertaken as the chief of police shall best determine, and may include requesting additional facts or information from the applicant bearing upon the nature of the business in question, the place where the business is to be conducted, the qualifications of the applicant, its employees or associates, and such other independent investigation as the chief of police shall deem necessary or appropriate in order to report on the qualifications of or fitness of the application for the permit being sought. SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its final passage and adoption, the City Clerk shall cause the same to be posted in the established three (3) public places within the City of Cypress. FIRST READ at a regular meeting of the City Council of the City of Cypress held on the 9th day of February , 1998, and finally adopted and ordered posted at a regular meeting held on the 23rd day of February , 1998. YOR, ITY CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, LILLIAN HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 23rd day of February , 1998, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy NOES: 0 COUNCIL MEMBERS: None and Jones ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF CYPRESS 268 /017943 - 0001/3132791.1 a02/10/98 -6-