ORDINANCE NO. 22-________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE SECTION 2.88.100: AUDIT COMMITTEE – DUTIES–POWERS–RESPONSIBILITIES The City Council of the City of Cupertino finds that:
In 2021, the Audit Committee and City Council approved a Fraud, Waste, and Abuse Program as part of the FY 2021-22 internal audit work plan.
The City’s Internal Auditor, in conjunction with City staff, has developed a Fraud, Waste, and Abuse Program and will be preparing quarterly Fraud, Waste, and Abuse Program reports to facilitate transparency and oversight.
To improve transparency and provide oversight of the Fraud, Waste, and Abuse Program, the City Council desires to amend Section 2.88.100 of the Municipal Code to expand the Audit Committee’s duties to include the review of quarterly Fraud, Waste, and Abuse Program reports.
NOW, THEREFORE, The CITY COUNCIL OF THE of city of CUPERTINO DOES ordain as follows:
SECTION 1. Adoption.
Cupertino Municipal Code Section 2.88.100 is hereby amended as set forth below:
2.88.100 Duties–Powers–Responsibilities
The powers and functions of the Audit Committee shall be as follows:
To review the annual audit report and management letter; To recommend appointment of auditors;
To review the monthly Treasurer’s report;
To recommend a budget format;
To review City investment policies and internal controls of such policies; To recommend appointment of internal auditors;
To review internal audit reports.
To review quarterly Fraud, Waste, and Abuse Program reports.
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.
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 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.
INTRODUCED at a regular meeting of the Cupertino City Council on July 19, 2022 and ENACTED at a regular meeting of the Cupertino City Council on August 16, 2022 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
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Christopher D. Jensen, City Attorney
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Date
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