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16. Attendance for commissions City Hall - 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kimberlys@cupertino.org CUPERTINO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. I ~ Meeting Date: Julv 17'1 2007 SUBJECT AND ISSUE Consider adopting a resolution to' amend the attendance requirements for City boards and conunlsslons& BACKGROUND " The City Council Resolution No. 02-064 set forth rules governing recruitment, appointment, vacancies, and attendance on city advisory bodies. It included rigid. attendance requirements to increase the likelihood of a q.uorum at each meeting. The rules do not specify that any absences are excused. Therefore, as currently written, a commission member is automatically removed if he or she misses more than 3 consecutive meetings or 25% of the meetings in a calendar year. The Cupertino Senior Commission has asked that the City Council reconsider this requirement, because many of the commissions meet only six times, and others, like the Senior Conunission, meet only quarterly. In that particular case, a member would be removed from the commission upon missing only one meeting~ The wording of the draft resolution is the same as the prior adopted resolution, with an amendment to page 3, Sections C(3) and C(4), to indicate that a member shall be removed from the commission ifhe or she misses 3 consecutive meetings or more than 250/0 of the meetings in a calendar year. ' RECOMMENDATION: Adopt Resolution No. , w4ich revise4 the rules regarding attendanc"e at board and commission meetings, and direct staff to distribute a copy to all commission members and staff liaisons. Submitteg by: ..~ ~ City Clerk Approved for submission: ~ David W. Knapp City Manager 16 - 1 RESOLUTION NO. 07-129 T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO RESCINDING RESOLUTION NO. 02-064 AND 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.02-064 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 9n 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. 16 - 2 Resolution No. 07-129 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 conunissions a~ anyone applica~ion 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 conunission or conunittee. 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 16 - 3 Resolution No. 07-129 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 more than 25% of the advisory body's meetings in a calendar year 4. It is the responsibility of the advisQry body's staff liaison to notify the City ClerIc of a member's attendance record to 'allow sufficient time to send a warning notice if the member has missed three consecutive meetings or 250/0 of the meetings, and to send a termination notice if the member has missed 16 - 4 Resolution No. 07-129 . Page 4 more three consecutive meetings or more than 25% of the meetings in a calendar year. 5~ A member who has been removed from an advisory body for inadequate attendance may request a waiver of this p,rovision by submitting a letter to the City Council setting forth the reason for the absences and confirming future availability~ - D. GENERAL PROVISIONS 1. Tenn limit restrictions listed in this resolution do not apply to temporary appointments for unexpired terms~ 2. All provisions afthis resolution shall apply unless otherwise decided by the City Council on a case-by-case basis. 3 t 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 of the City Council of the City of Cupertino this 17th day of July 2007, by the following vote: V ote Members <?f the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 16 - 5