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CC 05-28-2025 Searchable PacketCITY OF CUPERTINO CITY COUNCIL AGENDA 10350 Torre Avenue, Council Chamber Wednesday, May 28, 2025 6:15 PM Special Meeting (Teen Commission and Audit Committee Interviews) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Wednesday, May 28, 2025, commencing at 6:15 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING ROLL CALL COMMISSION INTERVIEWS 1.Subject: Interview and appoint to fill vacancies on the Teen Commission (Day 1) Recommended Action: Conduct interviews and make appointments to fill five vacancies on the Teen Commission A - Interview Schedule (May 28) B - Ordinance Establishing the Teen Commission C - Resolution Governing Recruitment of Advisory Bodies D - Commission Diversity Resolution E - Commission Powers and Functions F - Current Teen Commission G - Commission Attendance Report H - Sample Interview Questions I - Applications 2.Subject: Interview and appoint to fill vacancy on the Audit Committee Recommended Action: Conduct interviews and make appointment to fill one vacancy on the Audit Committee Page 1 1 CC 05-28-2025 1 of 36 City Council Agenda May 28, 2025 A - Interview Schedule B - Resolution Governing Recruitment of Advisory Bodies C – Commission Diversity Resolution D – Commission Powers and Functions E - Current Audit Committee F - Commission Attendance G - Sample Interview Questions H - Applications ADJOURNMENT Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists. For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 95014; telephone (408) 777-3223; email cityclerk@cupertino.org; and website: www.cupertino.org/lobbyist. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the City web site. Page 2 2 CC 05-28-2025 2 of 36 City Council Agenda May 28, 2025 IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 3 3 CC 05-28-2025 3 of 36 CITY OF CUPERTINO Agenda Item 25-13954 Agenda Date: 5/28/2025 Agenda #: 1. Subject: Interview and appoint to fill vacancies on the Teen Commission (Day 1) Conduct interviews and make appointments to fill five vacancies on the Teen Commission CITY OF CUPERTINO Printed on 5/22/2025Page 1 of 1 powered by Legistar™4 CC 05-28-2025 4 of 36 Teen Commission Interview Schedule Wednesday, May 28, 2025 Grade (Sept 2025) Applicant Name Ke n n e d y M i d d l e Mi l l e r M i d d l e Hy d e M i d d l e Mo n t a V i s t a H S Notes 8th 1 6:20 Darshana Sekar X 2 6:26 Adhrutha Subramoniam X 3 6:32 Arjun Suresh X 4 6:38 Vinay Prakash X 5 6:44 Anya Mulchandani X 9th 6 6:50 Tejas Prasanth X 7 6:56 Rusheel Deshmukh X 8 7:02 Nitika Karandikar X 9 7:08 Krish Kabra X 10 7:14 Avviin Chandrasekaran X 7:20 End 1 5 CC 05-28-2025 5 of 36 ORDINANCE NO. 18 -2181 AN ORDINANCE OF THE CUPERTINO CITY COUNCIL ADDING CHAPTER 2.95 TO THE CUPERTINO MUNICIPAL CODE, TITLE 2, TO ESTABLISH THE TEEN COMMISSION BY ORDINANCE WHEREAS, the Teen Commission was established by City Council pursuant to Resolution 02-065, as amended through various other resolutions, including Resolution Nos. 02-167, 04-405, 05-095, 09-078, 09-115, 16-138, and 18-019; WHEREAS, the City Council desires to codify and establish the Teen Commission in the Cupertino Municipal Code. NOW, THEREFORE, the Council of the City of Cupertino does ordain as follows: SECTION ONE -Chapter 2.95 "Teen Commission" is added to Title 2 "Administration and Personnel" of the Cupertino Municipal Code, as follows: CHAPTER 2.95 TEEN COMMISSION Section 2.95.010 Established. 2.95.020 Terms of Office. 2.95.030 Vacancy-Removal. 2.95.040 Chairperson. 2.95.050 Meetings-Quorum. 2.95.060 Majority Vote Required. 2.95.070 Records. 2.95.080 Powers and Functions. 2.95.090 Compensation-Expenses. 2.95.100 Procedural Rules. 2.95.110 Effect. 6 CC 05-28-2025 6 of 36 Ordinance No. 18-2181 Page2 2.95.010 Established. The Teen Commission of the City is established. The Teen Commission (hereinafter referred to in this Chapter as "Commission") will be comprised of nine members, at least one person from each public middle school and public high school in Cupertino, if possible. Membership on the Commission will be limited to Cupertino residents. Members may attend schools outside of the City limits, or be schooled at home. Commissioners must be in the 8th through 11th grade at time of appointment. None of the Teen Commissioners shall be otherwise officials or employees of the City of Cupertino nor be related by blood or marriage to any official or employee of the City. Commissioners should reflect the broadest possible representation of Cupertino youth. 2.95.020 Terms of Office. A. Commission members serve at the pleasure of the City Council. The term of office of Teen Commission members shall be for two years. Five appointments will be made in odd-numbered years and four appointments in even-numbered years. The terms will begin on September l5 1 and end on August 31st of the year their term is due to expire. Commissioners shall not serve consecutive terms unless there is a vacancy for which there is no eligible applicant, at which time the City Council may waive this restriction. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies and the Resolution of the Cupertino City Council which governs the Teen Commission specifically. 2.95.030 Vacancy-Removal. Any appointee member may be removed by a majority vote of the City Council. Vacancies shall be filled by appointment by the City Council, and shall be for the unexpired portion of the term of office vacated. 2.95.040 Chairperson. The Commission shall elect its Chairperson and Vice-Chairperson from among its members who shall serve in these capacities for one year. 2.95.050 Meetings-Quorum. A. The Teen Commission shall hold regular meetings at least every other month, and, at the discretion of the Commission, such other meetings as may be necessary or expedient. B. A majority of the Commission shall constitute a quorum for the purpose of transacting the business of the Commission. 2.95.060 Majority Vote Required. 7 CC 05-28-2025 7 of 36 Ordinance No. 18 -2181 Page 3 A majority vote is required to approve a recommendation or on any matter that is presented to the Commission which requires a vote. 2.95.070 Records. The Commission shall keep an accurate record of its proceedings and transactions, and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk. 2.95.080 Powers and Functions. The powers and functions of the Teen Commission shall be as follows: A. Advise the City Council and staff on issues and projects important to youth. B. Perform such other tasks as may be expressly requested of it by the City Council. 2.95.090 Compensation-Expenses Members of the Commission shall serve without compensation. Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager. 2.95.100 Procedural Rules. The Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be subject to the approval by the City Council and shall be kept on file with the Chairperson of the Commission and the City Clerk, and a copy thereof shall be furnished to any person on request. 2.95.110 Effect. Nothing in this Chapter shall be construed as restricting or curtailing any powers of the City Council or City officers. SECTION FIVE-IMPLEMENTATION. The City Council hereby authorizes and directs the City Manager to take any action and sign any documents necessary to implement this Ordinance. SECTION SIX -SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of Cupertino hereby declares that they would have passed this Ordinance and each section or 8 CC 05-28-2025 8 of 36 Ordinance No. 18-2181 Page4 ------------------------a subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid . SECTION SEVEN -EFFECTIVE DATE; PUBLICATION. The City Clerk is directed to post and publish this Ordinance in accordance with law in a newspaper of general circulation printed and published in the County of Santa Clara, or_as otherwise required by law. This ordinance shall take effect thirty (30) days after adoption. INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20th day of November, 2018 and ENACTED at a regular meeting of the City Council of the City of Cupertino the 4th day of December 2018, by the following vote: Ayes: Noes: Absent: Abstain: ATTEST: Members of the City Council Sinks, Chang, Vaidhyanathan Paul, Scharf None None Grace Schmidt, City Clerk APPROVED: 9 CC 05-28-2025 9 of 36 STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, GRACE SCHMIDT, 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. 18-2181, which was enacted on December 4, 2018, 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 5 day of December, 2018. GRACE SCHMIDT, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California 10 CC 05-28-2025 10 of 36 RESOLUTION NO. 24-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 16-137 AND AMENDING THE RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT, ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY BODIES WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and WHEREAS, there are within the City of Cupertino many citizens with talent, expertise, and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No. 16-137 and establishes the following rules governing recruitment, appointment, and reappointment to City of Cupertino Advisory bodies. A.RECRUITMENT 1.Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice through a broad variety of resources when available, such as: The Cupertino Scene The Cupertino Courier The World Journal The Cupertino City Channel City Hall bulletin board The City Clerk’s Office The Cupertino Library The Cupertino Chamber of Commerce Cupertino City Web site Other organizations that the City Clerk determine to be appropriate to solicit applications for the vacant positions All persons with applications on file for that particular commission 11 CC 05-28-2025 11 of 36 Resolution No.24-022 Page 2 2.Two months before regular terms expire, the City Clerk’s Office also distributes the vacancy notice to the following individuals: Members and interested residents registered with the Cupertino Citizen Corps, including Community Emergency Response Team CERT), Medical Reserve Corps, and Cupertino Amateur Radio in Emergency Services (CARES) Neighborhood Block Leaders and Neighborhood Watch volunteers Individuals who have signed up for notification for City Council meetings or commission meetings 3.All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970 et seq. Specifically, vacancy notices shall be posted for a minimum of 10 days. 4.Applications will remain active for one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration. 5.Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. Upon receipt of the vacancy notice, the applicant must contact the City Clerk’s Office and ask that the application be reactivated. 6.An applicant may file for a maximum of two commissions at any one application period. 7.A member of an advisory body, having completed two consecutive terms, must wait two years after the term would have normally ended before being eligible to apply for the same commission or committee. 8.Application forms will be available on the City’s website. 9.No application shall be accepted after the deadline. 10.When the final deadline has passed, the City Clerk’s Office will email applicants the date, time and location of the interviews along with sample questions to consider. 11.The City Clerk’s Office will copy the applicants’ written material for Councilmembers. The written material will also be available for public review in the City Clerk’s Office.12 CC 05-28-2025 12 of 36 Resolution No.24-022 Page 3 B.INTERVIEWS AND APPOINTMENTS 1.When Council meets to conduct interviews, it is a public meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk’s Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting. 2.The City Manager or their designee shall establish criteria for service on each commission or committee based on familiarity with the subject matter of the commission or committee and/or demonstrated ability to conduct the work of the advisory body. The City Manager or their designee shall consult with advisory body members in developing the criteria for service and shall notify all interested applicants of the criteria. The City Manager or their designee shall advise Council as to which applicants meet established criteria for service but shall present all candidates meeting Municipal Code requirements to the City Council for interviews. Council retains full discretion to appoint the candidate of its choosing. 3.The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance. 4.Interviews are informal and usually last 5-8 minutes. Councilmembers are looking for: Familiarity with the subject and/or demonstrated ability to conduct the work of the advisory body Decision-making ability Commitment to the position for which they have applied 5.Appointments will be made following a vote in public. The City Clerk will announce the votes. 13 CC 05-28-2025 13 of 36 Resolution No.24-022 Page 4 C.UNSCHEDULED VACANCIES, ATTENDANCE, AND TRAINING 1.If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy. 2.The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk. 3.A member shall be considered removed from an advisory body under the following conditions: A member misses more than three consecutive meetings A member misses more than 25% of the advisory body’s regular meetings in a calendar year A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a 30-day opportunity to correct the noncompliance. A member who has failed to complete any mandated or legally required training or reporting requirement shall be precluded from participating in advisory body meetings as a member of such body. 4.It is the responsibility of the advisory body’s staff liaison to notify the City Clerk of a member’s attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25% of the regular meetings, and to send a termination notice if the member has missed more than three consecutive meetings or more than 25% of the regular meetings in a calendar year. 5.A member who has been removed from an advisory body for inadequate attendance, failure to complete a legally required training, or noncompliance with conflict of interest reporting requirements may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability. 14 CC 05-28-2025 14 of 36 Resolution No.24-022 Page 5 D.GENERAL PROVISIONS 1.Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms. 2.All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis. 3.In the event that any provision of this resolution conflicts with the provisions of any other ordinance or City Council resolution governing a particular advisory body, the provisions of the ordinance or the resolution governing the particular advisory body shall prevail. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of March, 2024, by the following vote: Members of the City Council AYES: Mohan, Fruen, Chao, Moore NOES: Wei ABSENT: None ABSTAIN: None SIGNED: Sheila Mohan, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date 3/19/2024 3/19/2024 15 CC 05-28-2025 15 of 36 RESOLUTION NO. 03-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING A POLICY EMBRACING THE CITY’S DEMOGRAPHIC DIVERSITY (ADVISORY COMMISSONS AND COMMITTEES) WHEREAS, the City intends to provide efficient, effective and equitable governmental services to all of Cupertino, and WHEREAS, respect for all cultures, and other demographic differences is the foundation of Cupertino’s future, and WHEREAS Cupertino’s residents are its most important resource, their cultural and economic diversity provides the living fabric that binds Cupertino together, and WHEREAS, the involvement and commitment of the entire Cupertino community produces a better quality of life with residents and city government working in partnership, and WHEREAS, it is vital in maintaining a high performing, productive city government in which each resident and each city employee is valued for his or her unique gifts and talents, that the city capitalize on the innovation inherent within the community and within city government, and WHEREAS, the City of Cupertino recognize that diversity includes culture, gender, age and other important demographic differences within the City and that valuing each diversity is fundamental in the way the City provides services to its residents, and WHEREAS, the City believes that diverse city commissions and committees provide advantages offered by a variety of diverse perspectives and in increasing the City’s ability to serve its diverse population. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: I. Commissions and Committees A. To foster comprehensive representation within advisory commissions and committees, it would be advantageous for new members to represent the community by such factors as culture, gender, age, and location of residency within the city. B. In the conduct of their business, commission and committee members shall pursue the benefit of a variety of perspectives in making decisions. C. Commissions and committees increase the city’s potential, effectiveness and creativity as an organization by offering a wide range of approaches and perspectives to addressing issues and solving problems. 16 CC 05-28-2025 16 of 36 Resolution No. 03-203 2 II. Other means of communicating this policy to the general public The City of Cupertino’s embracing of diversity will also be communicated and reflected through such means as festivals and events, recreation and education programs, public art, city publications and media programming. III. Dissemination and enforcement of this policy This policy shall be incorporated into the following: 1) All notices seeking commission and committee applications; 2) Shall be adopted by the City Manager as an administrative procedure, who shall be responsible for the implementation of this policy. From time to time, the City Manager will report the status of such implementation to the City Council; 3) Shall be posted at both the City Clerk’s Office and at the City’s Department of Human Resources. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November 2003, by the following vote: Vote Members of the City Council AYES: Chang, James, Lowenthal, Kwok, Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Michael Chang ______________________ _______________________ City Clerk Mayor, City of Cupertino 17 CC 05-28-2025 17 of 36 18 CC 05-28-2025 18 of 36 Term ending August 31, 2025 Current Grade Grade Sept. 2025 School Shivika Biswari 10 11 Monta Vista HS Anika Mukherjee 11 12 Cupertino HS Peter Chen 12 Graduated Monta Vista HS Rohin Garg 12 Graduated Monta Vista HS Vacant Term ending August 31, 2026 Current Grade Grade Sept. 2025 School Brianna Su 8 9 Lynbrook HS Chelsea Lau 9 10 Homestead HS Harly Liu 10 11 Monta Vista HS Anushree Misra 11 12 Cupertino HS CURRENT TEEN COMMISSION 19 CC 05-28-2025 19 of 36 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug P P P X P P P X P P P P X P P P X P A1 P P X P P P X P P P P X P P P X P P P P X P P P X P P P P X P P A1 X P P P P X P P A1 X P P P P X A1 P P X P Chelsea Lau Teen Commission Attendance Report 2024-2025 Shivika Biswari Peter Chen Rohin Garg Vacant Harly Liu Anushree Misra Anika Mukherjee Brianna Su 20 CC 05-28-2025 20 of 36 SAMPLE QUESTIONS FOR TEEN COMMISSION APPLICANTS 1. Why are you interested in serving as a Teen Commissioner? 2. Commissioners will sometimes represent the Teen Commission at City events. What experience do you have with public speaking? 3. What extracurricular activities are you involved with at your school? 4. What special skills, interest would you bring to the Commission? 5. What activities / accomplishments are you the most proud of? 6. The Teen Commission is an advisory body that gives feedback on existing programs and makes suggestions for future programming for teens. Why do you feel that you would be a good representative for teens in the community? 21 CC 05-28-2025 21 of 36 Applications are available on request in the City Clerk’s office 408-777-3223. 22 CC 05-28-2025 22 of 36 CITY OF CUPERTINO Agenda Item 25-13926 Agenda Date: 5/28/2025 Agenda #: 2. Subject: Interview and appoint to fill vacancy on the Audit Committee Conduct interviews and make appointment to fill one vacancy on the Audit Committee CITY OF CUPERTINO Printed on 5/22/2025Page 1 of 1 powered by Legistar™23 CC 05-28-2025 23 of 36 Audit Committee Interview Schedule Applicant #Time:Name Notes Resident 1 7:25 Khyati J Upadhyay Yes 2 7:31 Douglas Radtke No 3 7:37 Sophie Yan Song No 4 7:43 Dan Spinozzi No 5 7:49 Asal Hamidova Yes 6 7:55 Venkatesan Ranganathan Yes 7 8:01 William Wong Yes 8:07 BREAK - 10 minutes 8:17 Deliberate and Vote Vote for 1 full term ending 1/30/2029 AUDIT COMMITTEE 1 available seat (no residency requirement for at large members) Wednesday, May 28 24 CC 05-28-2025 24 of 36 RESOLUTION NO. 24-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 16-137 AND AMENDING THE RESOLUTION ESTABLISHING RULES GOVERNING RECRUITMENT, ATTENDANCE, APPOINTMENTS, AND VACANCIES ON CITY ADVISORY BODIES WHEREAS, the City of Cupertino wishes to establish uniform terms and conditions of office for advisory commissions; and WHEREAS, there are within the City of Cupertino many citizens with talent, expertise, and experience who wish to serve the community; and WHEREAS, the City Council believes it is important to provide these citizens the opportunity to contribute to their community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino rescinds Resolution No. 16-137 and establishes the following rules governing recruitment, appointment, and reappointment to City of Cupertino Advisory bodies. A.RECRUITMENT 1.Two months before regular terms expire, or immediately following receipt of a resignation, the City Clerk distributes the vacancy notice through a broad variety of resources when available, such as: The Cupertino Scene The Cupertino Courier The World Journal The Cupertino City Channel City Hall bulletin board The City Clerk’s Office The Cupertino Library The Cupertino Chamber of Commerce Cupertino City Web site Other organizations that the City Clerk determine to be appropriate to solicit applications for the vacant positions All persons with applications on file for that particular commission 25 CC 05-28-2025 25 of 36 Resolution No.24-022 Page 2 2.Two months before regular terms expire, the City Clerk’s Office also distributes the vacancy notice to the following individuals: Members and interested residents registered with the Cupertino Citizen Corps, including Community Emergency Response Team CERT), Medical Reserve Corps, and Cupertino Amateur Radio in Emergency Services (CARES) Neighborhood Block Leaders and Neighborhood Watch volunteers Individuals who have signed up for notification for City Council meetings or commission meetings 3.All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970 et seq. Specifically, vacancy notices shall be posted for a minimum of 10 days. 4.Applications will remain active for one year after Council review. After that time, applicants shall submit a new application if they wish to remain on the list for consideration. 5.Those persons with applications on file within one year of Council review are advised of the vacancy by the City Clerk and may activate that application. Upon receipt of the vacancy notice, the applicant must contact the City Clerk’s Office and ask that the application be reactivated. 6.An applicant may file for a maximum of two commissions at any one application period. 7.A member of an advisory body, having completed two consecutive terms, must wait two years after the term would have normally ended before being eligible to apply for the same commission or committee. 8.Application forms will be available on the City’s website. 9.No application shall be accepted after the deadline. 10.When the final deadline has passed, the City Clerk’s Office will email applicants the date, time and location of the interviews along with sample questions to consider. 11.The City Clerk’s Office will copy the applicants’ written material for Councilmembers. The written material will also be available for public review in the City Clerk’s Office.26 CC 05-28-2025 26 of 36 Resolution No.24-022 Page 3 B.INTERVIEWS AND APPOINTMENTS 1.When Council meets to conduct interviews, it is a public meeting subject to the Brown Act and therefore open to the public. The candidates will be asked by the City Clerk (either in person or by written instructions left in the waiting area) to remain seated in the waiting area until they are called in for the interview. Candidates will also be asked to return to the waiting area until the announcement of the vote, or to go home and contact the City Clerk’s Office the next day regarding the results. However, all applicants and members of the public have the option of remaining in the room for any or all of the meeting. 2.The City Manager or their designee shall establish criteria for service on each commission or committee based on familiarity with the subject matter of the commission or committee and/or demonstrated ability to conduct the work of the advisory body. The City Manager or their designee shall consult with advisory body members in developing the criteria for service and shall notify all interested applicants of the criteria. The City Manager or their designee shall advise Council as to which applicants meet established criteria for service but shall present all candidates meeting Municipal Code requirements to the City Council for interviews. Council retains full discretion to appoint the candidate of its choosing. 3.The order in which interviews are scheduled to take place will be determined by a drawing of names. The City Clerk will do this in advance. 4.Interviews are informal and usually last 5-8 minutes. Councilmembers are looking for: Familiarity with the subject and/or demonstrated ability to conduct the work of the advisory body Decision-making ability Commitment to the position for which they have applied 5.Appointments will be made following a vote in public. The City Clerk will announce the votes. 27 CC 05-28-2025 27 of 36 Resolution No.24-022 Page 4 C.UNSCHEDULED VACANCIES, ATTENDANCE, AND TRAINING 1.If a vacancy occurs for an unexpired term and interviews for appointment to that advisory body have been conducted within the previous ninety days, the unexpired term may be filled from those applications following the required posting of the vacancy. 2.The notice of unscheduled vacancy shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs, and at least 10 working days before appointment. The notice of unscheduled vacancy must be posted in the Office of the City Clerk, at the City Hall bulletin board, at the Cupertino Library, and in other places designated by the City Clerk. 3.A member shall be considered removed from an advisory body under the following conditions: A member misses more than three consecutive meetings A member misses more than 25% of the advisory body’s regular meetings in a calendar year A member fails to comply with legally required training or conflict of interest reporting requirements after receiving notice and a 30-day opportunity to correct the noncompliance. A member who has failed to complete any mandated or legally required training or reporting requirement shall be precluded from participating in advisory body meetings as a member of such body. 4.It is the responsibility of the advisory body’s staff liaison to notify the City Clerk of a member’s attendance record to allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 25% of the regular meetings, and to send a termination notice if the member has missed more than three consecutive meetings or more than 25% of the regular meetings in a calendar year. 5.A member who has been removed from an advisory body for inadequate attendance, failure to complete a legally required training, or noncompliance with conflict of interest reporting requirements may request a waiver of this provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability. 28 CC 05-28-2025 28 of 36 Resolution No.24-022 Page 5 D.GENERAL PROVISIONS 1.Term limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms. 2.All provisions of this resolution shall apply unless otherwise decided by the City Council on a case-by-case basis. 3.In the event that any provision of this resolution conflicts with the provisions of any other ordinance or City Council resolution governing a particular advisory body, the provisions of the ordinance or the resolution governing the particular advisory body shall prevail. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of March, 2024, by the following vote: Members of the City Council AYES: Mohan, Fruen, Chao, Moore NOES: Wei ABSENT: None ABSTAIN: None SIGNED: Sheila Mohan, Mayor City of Cupertino Date ATTEST: Kirsten Squarcia, City Clerk Date 3/19/2024 3/19/2024 29 CC 05-28-2025 29 of 36 RESOLUTION NO. 03-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING A POLICY EMBRACING THE CITY’S DEMOGRAPHIC DIVERSITY (ADVISORY COMMISSONS AND COMMITTEES) WHEREAS, the City intends to provide efficient, effective and equitable governmental services to all of Cupertino, and WHEREAS, respect for all cultures, and other demographic differences is the foundation of Cupertino’s future, and WHEREAS Cupertino’s residents are its most important resource, their cultural and economic diversity provides the living fabric that binds Cupertino together, and WHEREAS, the involvement and commitment of the entire Cupertino community produces a better quality of life with residents and city government working in partnership, and WHEREAS, it is vital in maintaining a high performing, productive city government in which each resident and each city employee is valued for his or her unique gifts and talents, that the city capitalize on the innovation inherent within the community and within city government, and WHEREAS, the City of Cupertino recognize that diversity includes culture, gender, age and other important demographic differences within the City and that valuing each diversity is fundamental in the way the City provides services to its residents, and WHEREAS, the City believes that diverse city commissions and committees provide advantages offered by a variety of diverse perspectives and in increasing the City’s ability to serve its diverse population. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: I. Commissions and Committees A. To foster comprehensive representation within advisory commissions and committees, it would be advantageous for new members to represent the community by such factors as culture, gender, age, and location of residency within the city. B. In the conduct of their business, commission and committee members shall pursue the benefit of a variety of perspectives in making decisions. C. Commissions and committees increase the city’s potential, effectiveness and creativity as an organization by offering a wide range of approaches and perspectives to addressing issues and solving problems. 30 CC 05-28-2025 30 of 36 Resolution No. 03-203 2 II. Other means of communicating this policy to the general public The City of Cupertino’s embracing of diversity will also be communicated and reflected through such means as festivals and events, recreation and education programs, public art, city publications and media programming. III. Dissemination and enforcement of this policy This policy shall be incorporated into the following: 1) All notices seeking commission and committee applications; 2) Shall be adopted by the City Manager as an administrative procedure, who shall be responsible for the implementation of this policy. From time to time, the City Manager will report the status of such implementation to the City Council; 3) Shall be posted at both the City Clerk’s Office and at the City’s Department of Human Resources. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November 2003, by the following vote: Vote Members of the City Council AYES: Chang, James, Lowenthal, Kwok, Sandoval NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Michael Chang ______________________ _______________________ City Clerk Mayor, City of Cupertino 31 CC 05-28-2025 31 of 36 32 CC 05-28-2025 32 of 36 CURRENT AUDIT COMMITTEE LIST Audit Committee Vacant Term expires: 1/30/29 Eno Schmidt First term expires: 1/30/27 Hanyan Wu First term expires: 1/30/27 33 CC 05-28-2025 33 of 36 Audit Committee Jan - SP Feb-SP Mar Apr May - SP June July Aug Sep Oct Nov Dec Total Regular Meeting Absences Regular Meetings Scheduled Absence Percentage % Vacant 0 4 0% Eno Schmidt SP-P SP-P P SP-P 0 4 0% Kitty Moore SP-P SP-P P SP-P 0 4 0% Sheila Mohan SP-P SP-P P SP-P 0 4 0% Hanyan Wu SP-A SP-A P SP-A 0 4 0% 2025 COMMISSION ATTENDANCE REPORT sp = special meeting (does not count towards regular attendance) 34 CC 05-28-2025 34 of 36 QUESTIONS FOR AUDIT COMMITTEE APPLICANTS 1. Please let us know your background and how it relates to serving on the Audit Committee. 2. Do you have any first-hand experience with municipal: • budget • audits, both internal and external • investments • accounting systems 3. Why are you interested in serving on the Audit Committee? 4. If you could accomplish one thing next year on this committee, what would it be? And how does it relate to the Audit Committee’s Duties-Powers-Responsibilities as listed in the Municipal Code? The Audit Committee is subject to the Political Reform Act and members are required to submit Statements of Economic Interest upon appointment and annually thereafter. 35 CC 05-28-2025 35 of 36 Applications are available in the City Clerk’s Office 408-777-3223. 36 CC 05-28-2025 36 of 36