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14. Teen Commission , ¡:\I !'j\~ _:J , , . City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408)777-3223 FAX: (408) 777-3366 CUPEIQ1NO OFFICE OF TIIE CITY CLERK Summary AGENDA ITEM /'-1 AGENDA DATE June 6. 2006 SUBJECT AND ISSUE Consider allowing the appointment of candidates who are related to Teen Commission members. BACKGROUND At the City Council meeting of May 16, 2006, staff was directed to prepare an amendment to the rules for commissions, to allow appointment to a commission even if the candidate was related to a member of the Teen Commission. At the current time there are 10 different ordinances which established the various city commissions. Except for the Teen Commission resolution, each of them specifies that commissioners cannot be related by blood or marriage to any officials (which includes other commissioners) or employees of the city. The benefits of providing an exception to the current rule include: · The Council would not have to reject an otherwise-qualified applicant because of a family relationship. The disadvantages of providing an exception to the current rule include: · In order to best reflect the opinions of the community at large, it is important to attract and appoint commissioners from as large and diverse a population as possible. · It may result in a disproportionate number of family members on the Teen Commission, which would create an impression of favoritism in the appointment process. · Sometimes two or more commissions review the same topic. By permitting family members on both commissions, it could appear that the decisions were not completely independent. Printed on Recycled Paper / L/-( June 6, 2006 Page 2 RECOMMENDATION Staff recommends that the City Council make no change to the process at this time. However, if the Council wishes to amend the rule, then conduct the first reading of the attached ordinance. Submitted by: Approved for submission: ~ Kimberly S . City Clerk ~ David W. Knapp City Manager Attachment A: Attachment B: Attachment C: Teen Commission Resolution No. 04-405 Advisory Body Resolution No. 02-064 Commission Ethnic Diversity Resolution No. 03-203 I'-I-:{. DRAFT ORDINANCE NO. 06-1983 AN ORDINANCE OF THE CUPERTINO CITY COUNCIL AMENDING SECTIONS OF THE CUPERTINO MUNICIPAL CODE REGARDING THE QUALIFICATIONS FOR COMMISSION APPLICANTS THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY AMENDS THE FOLLOWING SECTIONS OF THE CUPERTINO MUNICIPAL CODE: I. Amendment Section 2.32.010 of the Cupertino Municipal Code is hereby amended to read as follows: 2.32.010 Established. The City Planning Commission is established. The City Planning Commission shall consist of five members, none of whom shall be officials, commissioners (except Teen Commissioners). or employees of the City and none of whom shall cohabit with as defined by law, nor be related by blood or marriage to any other member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The five members shall be appointed by the City Council. Each member shall be a qualified elector in and resident of the City. Each member shall receive compensation as established by resolution of the City Council. (Ord. 1787, § 1 (part), 1998) 2.36.010 Established. The Parks and Recreation Commission of the City is established. The Parks and Recreation Commission shall consist of five members who are residents of the City, none of whom shall be officials, commissioners (except Teen Commissioners), or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission. The five members shall be appointed by the City Council. (Ord. 1639, (part), 1993; Ord. 1460, (part), 1988; Ord. 1083, (part), 1980; Ord. 739, (part), 1976; Ord. 303, § 2.1,1965) 2.60.010 Established. The Public Safety Commission of the City is established. The Public Safety Commission shall consist of five members, all of whom shall reside within the City and shall be appointed by the City Council. None shall be officials, commissioners (except Teen Commissioners), or employees of the City, members of the Sheriff's Department of the County, either regular or reserve, nor shall they be members of the Central Fire Protection District. No members of the Public Safety Commission shall cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission. (Ord. 1463, (part), 1988; Ord. 1432, 1988; Ord. 574, § I, 1973) /-'1-3 Ordinance No. 06-1983 2 2.68.010 Established. The Library Commission of the City is established. The Library Commission shall consist of five members, at least three of whom must be residents of the City of Cupertino and none of whom shall be officials, commissioners (except Teen Commissioners), or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission. Members of the Library Commission shall be appointed by the City Council. (Ord. 1464, (part), 1988; Ord. 679, (part), 1975) Established. 2.74.010 The Technology, Information, and Communications Commission (formerly Telecommunications Committee of the City) is established and shall consist of five members from among the qualified electors of the City, none of whom shall be officials. commissioners (except Teen Commissioners). or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member ofthe Commission, the City Manager or the staff person(s) assigned to this Commission. Members of the Technology, Information, and Communications Commission shall be appointed by the City Council. (Ord. 1965, (part), 2005; Ord. 1722, (part), 1996; Ord. 1714, (part), 1996) 2.80.010 Established. The Fine Arts Commission of the City is established. The Fine Arts Commission shall consist of five members, none of whom shall be officials, commissioners (except Teen Commissioners), or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. At least three members shall be City of Cupertino residents. Members of the Fine Arts Commission shall be appointed by the City Council. Membership will be drawn to represent the arts, citizens and business community on an approximately equal basis. (Ord. 1934, (part), 2004; Ord. 1466, (part), 1988; Ord. 1401, (part), 1987) 2.86.010 Established-Composition. A. The Housing Commission ofthe City is established. The Housing Commission shall consist of five members as follows: 1. Representative from a Cupertino financial institution, 2. Representative from a Cupertino business, 3. Two community members, 4. City's appointed representative to the Santa Clara County Community Development Block Grant (CDBG) Citizens Advisory Committee. I'I-¥ Ordinance No. 06-1983 3 B. The representatives ITom a financial institution and a business, the community members, and the City's representative to the County CDBG Citizens Advisory Committee shall not be officials, commissioners (except Teen Commissioners), or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage, to any member of the Commission, the City Manager or the staffperson(s) assigned to this Commission. 2.88.010 Established-Composition. A. The Audit Committee of the City is established. The Audit Committee shall consist of five members as follows: 1. Two City Council members; 2. A minimurn of two and a maximurn of three at large members who are not officials. commissioners (except Teen Commissioners), or employees of the City nor cohabit with, as defined by law, nor be related by blood or marriage to, any member of the committee, the City Manager or the staff person or persons assigned to the committee. (Ord. 1913, (part), 2003; Ord. 1874, § I (part), 2001; Ord. 1679, § I (part), 1995) 2.92.010 Established-Composition. The Bicycle Pedestrian Commission of the City is established. The Bicycle Pedestrian Commission shall consist of five members, none of whom shall be officials, commissioners (except Teen Commissioners), or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or any staff person(s) who may be assigned by the City Manager to assist this Commission. Members of the Bicycle Pedestrian Commission shall be appointed by the City Council. (Ord. 1895, (part), 2002) INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th day of June 2006, and ENACTED at a regular meeting of the City Council of the City of Cupertino this _ day of June 2006 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino / 'I-S ATTACHMENT A RESOLUTION NO. 04-405 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REPLACING RESOLUTION NO. 02-167 AND CHANGING THE WORDING REGARDING TEEN COMMISSION COMPOSITION WHEREAS, the Council adopted Resolution No. 02-065 establishing a Teen Commission; WHEREAS, the Council adopted Resolution No. 02-167 to reflect new term limits; WHEREAS, the Council wishes to amend the wording related to the composition of the Teen Commission; NOW, THEREFORE, BE IT RESOLVED that the City Council establishes the Cupertino Teen Commission according to the following: . The Cupertino Teen Commission will be comprised of thirteen (13) 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 8th through 12th grade. . The members of the Teen Commission shall be appointed pursuant to the current recruitment process adopted by City Council, with the following exceptions: Applicants under the age of 18 must have written permission of a parent or guardian to participate in the Teen Commission. The Parks and Recreation Department will work with the City Clerk to notice vacancies so that outreach to schools and youth organizations is accomplished. A letter of recommendation shall be submitted as part of the application process. The Council shall appoint new commissioners in June, to be seated in September, except in the case of reappointment of vacant seats. A) In the event that more than 30 valid applications are received for the Teen Commission, the following procedure will be used to select those applicants that will be interviewed: 1) For any grade for which there are 6 or fewer applications, all applications for that grade will be retained for the interview phase. 2) For any grade for which there are more than 6 applications, the City Clerk will distribute all applications to all Councilmembers. Each Councilmember will rank the applications separately for that grade with a nurnber starting at 1 for the Councilmembers least favored applicant and continuing with successively higher numbers to the highest ranked applicant. For example, if there are 10 applications in grade 11, each / </-(" Resolution No. 04-405 2 Councilmember will rate each of those applications from I to 10, with 10 being the score of the Councilmember's top choice. The City Clerk will then add those scores and retain only those applications with the top 6 scores. In the case of a tie for 6th place, all the applications in 6th place will be retained. 3) All retained applicants will then be interviewed by the Council. B) For all applications in the interview pool, the City Clerk will summarize the applications on a chart that indicates applicants' names, schools, and grades in order to assist the Council decision process. The summary chart will be distributed to the Councilmembers before interviewing begins. C) Each applicant in the interview pool will then be interviewed by Council. The applicant will start with a two-minute speech answering the questions: Why do you wish to serve? and Why do you feel you are qualified to serve? D) Each Councilmember will then have the opportunity to ask at least 1 question of the applicant. E) When the entire pool has been interviewed, Council will discuss the applicants. After the discussion, ballot voting will take place to determine the appointments. F) In case no applicant is appointed ITom one of the 5 public schools in Cupertino, that seat will be left open and the opening will be re-advertised for a subsequent appointment process. · Commissioners should reflect the broadest possible representation of Cupertino youth. · The term of office of each commissioner shall be two years, beginning in September with the new school year. · 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. · 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. · The Commission shall elect a chair and vice-chair at the beginning of each year. · Meeting times and location will be decided by the commission at the first meeting of the year, and will be adopted as the annual meeting schedule pursuant to the Brown Act. · Actions taken by the Commission will be by majority vote. /4-7 Resolution No. 04-405 3 · The Department of Parks and Recreation will provide staff support to the Teen Commission and will post meeting agendas. · Commencing in 2002, seven (7) Teen Commissioners shall be appointed for a one-year term and six (6) appointed for a two-year term. In 2003, (7) Teen Commissioners will be appointed to a two-year term setting the staggered terms of six (6) appointments in even numbered years and seven (7) appointments in odd-numbered years. Vacant seats will be filled with applicants willing to finish the term. · The powers and function of the Teen Commission will be to advise the City Council and staff on issues and projects important to youth. IT IS NOW THEREFORE RESOLVED by the City Council of the City of Cupertino that these amendments to the Teen Commission Resolution 02-167 be adopted. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of September 2004 by the following vote: Vote Members of the Citv Council AYES: NOES: ABSENT: ABSTAIN: James, Kwok, Lowenthal, Sandoval, Wang None None None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Sandra James City Clerk Mayor, City of Cupertino (,-/-ð' ATTACHMENT B RESOLUTION NO. 02-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 8828 AND ESTABLISHING RULES GOVERNING RECRUITMENT, APPOINTMENT AND REAPPOINTMENT TO 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. 8828 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 as follows: · 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 as appropriate with respect to the openings · All persons with applications on file for that particular commission 2. Two months before regular terms expire, the City Clerk's Office also mails the vacancy notice to the following individuals: · Students and graduates of Cupertino Emergency Response Training · Students or graduates of Leadership Cupertino · Neighborhood Block Leaders · Individuals who have signed up for notification at the Cupertino Town Hall meetings. /'-1-9 Resolution No. 02-064 Page 2 3. All vacancy notices and posting shall be done in accordance with the provisions of the Maddy Act, California Government Code 54970. Specifically, vacancy notices shall be posted for a minimum of 10 days. 4. Applications will be retained for a maximum of 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 anyone application period. 7. A member of an advisory body, having completed two consecutive terms, must wait one year before being eligible to apply for the same commission or committee. 8. Application forms will be available in the City Clerk's Office and will be mailed upon request with information about the opening(s). Application forms will also be available on the City's Web site. 9. No application shall be accepted after the deadline. 10. When the final deadline has passed, the City Clerk's Office will mail 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 Council members. The written material will also be available for public review in the City Clerk's Office. 12. An applicant who is unable to attend the interview may submit a five-minute video presentation in advance of the interview meeting. The tape will be reviewed at the meeting. The video will be made by City staff at the applicant's request upon the approval of the City Clerk. The City will fund these costs. 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 ILI-fO Resolution No. 02-064 Page 3 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 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. 3. Interviews are informal and usually last 5-8 minutes. Council members are looking for: · Familiarity with the subject · Decision-making ability · Commitment to the position for which they have applied 4. Appointments will be made following a vote in public. Ballots will be distributed, and Council members will vote and sign the ballots. The City Clerk will announce the votes. 5. All appointees will be provided with a Certificate of Appointment. C. UNSCHEDULED VACANCIES AND ATTENDANCE 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 25% of the body's meetings in a calendar year 4. It is the responsibility of the 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 already missed two consecutive meetings, and to send a termination notice if the member has missed three consecutive meetings or 25% ofthe meetings in a calendar year. /II-If Resolution No. 02-064 Page 4 5. A member who has been removed ITom an advisory body for inadequate attendance may request a waiver ofthis provision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability. 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 resolution governing a particular advisory body, the provisions governing that advisory body shall prevail. PASSED AND ADOPTED at a regular meeting ofthe City Council of the City of Cupertino this 15th day of April 2002, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Lowenthal, Chang, James, Kwok, Sandoval None None None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Richard Lowenthal City Clerk Mayor, City of Cupertino / '-/-/.2.. ATTACHMENTC 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 COMMISS0NS 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 oflife 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: L 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. /Lj-/3 Resolution No. 03-203 2 II. Other means of communicating this policv 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 policv 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: NOES: ABSENT: ABSTAIN: Chang, James, Lowenthal, Kwok, Sandoval None None None ATTEST: APPROVED: /s/ Kimberly Smith /s/ Michael Chang City Clerk Mayor, City of Cupertino / '-/-/i