CC Ordinance No. 24-2256 to regularize commissioner appointments and revise commissioner qualificationsORDINANCE NO. 24-2256
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
REGULARIZE CITY COMMISSION AND COMMITTEE TERMS AND REVISE
COMMISSIONER QUALIFICATIONS
The City Council of the City of Cupertino finds that:
WHEREAS, the Cupertino City Council recognizes the importance of City Commissions
and Committees in ensuring that the Council receives community input into Council
decision making; and
WHEREAS, the City Council has identified a need to regularize the appointment process
of Commission and Committee members as part of the 2023-2025 City Work Program
and to align with the intent of the Municipal Code; and
WHEREAS, the City Council finds that qualifications for certain Commissioner
appointments should be revised to improve the recruitment process and increase
accessibility for interested, eligible community members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
SECTION 1: Adoption of Uncodified Ordinance.
A.Notwithstanding Municipal Code Chapter 2.36, the terms of the three longest-
serving Parks and Recreation Commissioners shall expire on January 30, 2025,
and the terms of the remaining two Commissioners shall expire on January 30,
2027.
B.Notwithstanding Municipal Code Chapter 2.60, the terms of the two longest-
serving Public Safety Commissioners shall expire on January 30, 2025, and the
terms of the remaining three Commissioners shall expire on January 30, 2027.
C.Notwithstanding Municipal Code Chapter 2.74, the terms of the three longest-
serving Technology, Information, and Communications Commissions shall
expire on January 30, 2027, and the terms of the remaining two Commissioners
shall expire on January 30, 2029.
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Page 2
D.Notwithstanding Municipal Code Chapter 2.80, the terms of the two longest-
serving Arts and Culture Commissioners shall expire on January 30, 2025, and
the terms of the remaining three Commissioners shall expire on January 30, 2027.
E.Notwithstanding Municipal Code Chapter 2.86, the terms of the two longest-
serving Housing Commissioners shall expire on January 30, 2025, and the terms
of the remaining three Commissioners shall expire on January 30, 2027.
F.Notwithstanding Municipal Code Chapter 2.88, the term of the longest-serving
Council-appointed Audit Committee member shall expire on January 30, 2025,
and the terms of the remaining two Council-appointed Audit Committee
members shall expire on January 30, 2027.
G.Notwithstanding Municipal Code Chapter 2.94, the terms of the two longest-
serving Sustainability Commissioners shall expire on January 30, 2025, and the
terms of the remaining three Commissioners shall expire on January 30, 2027.
H.For purposes of this Ordinance, “longest-serving” shall be determined by the
length of service during the Commissioner’s current term, and shall not include
the length of service during any preceding term on any Commission, but shall
include the length of service of the successor to any Commissioner serving a
partial term.
I.In the event that two or more Commissioners or appointed committee members
have served terms of equal length that would otherwise each qualify to be
lengthened or shortened by Paragraphs A through G of this Section 1, the City
Clerk shall draw lots to determine the resulting term of each such Commissioner
or committee member such that the members’ terms expire on the dates set forth
in Sections A through H.
SECTION 2: Adoption of Municipal Code Amendments.
A.Section 2.86.020 of the Municipal Code is revised as follows:
A.The Housing Commission members must be residents of Cupertino.
B.In selection of commissioners, the City Council may give priority to:
1.Applicants who represent the Community Development Block Grant
CDBG) target areas as described in the city's Consolidated Plan.
2.Applicants who are familiar with the operation of affordable housing;
Ordinance No. 24-2256
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3.Applicants who represent non-profit community organizations; and
4.Applicants who are knowledgeable about the housing needs of groups
targeted for affordable housing development which include, but are not
limited to, the following:
1.Seniors,
2.Single parent families,
3.Homeless persons,
4.Families of low income,
5.Disabled persons,
6.Renters,
7.First time homebuyers.
5.Representatives of a business located in Cupertino, and in doing so may
waive any residency requirement so long as the business is located in
Cupertino.
B.Section 2.94.010 of the Municipal Code is revised as follows:
A.The Sustainability Commission of the City of Cupertino is established. The
Sustainability Commission (hereinafter referred to in this Chapter as
Commission") shall consist of five members as follows:
1.One representative from a Cupertino-based primary, secondary, or higher
educational institution;
2.Four community members.
B.Commission members who are representatives of an educational institution
are not required to be Cupertino residents, but the educational institution must be
located in Cupertino. The four community members must be residents of
Cupertino.
C.In selection of community members, the City Council may give priority to:
Ordinance No. 24-2256
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1.Applicants who represent the target sectors and partners as described in the
Cupertino Climate Action Plan (hereinafter referred to in this Chapter as "CAP").
2.Applicants who are familiar with climate change mitigation and adaptation
strategies, greenhouse gas emissions inventories, resource and utility
conservation, sustainability and behavior change.
3.Applicants who represent non-profit community organizations and
environmental interest groups.
4.Representatives of a business located in Cupertino, and in doing so may
waive any residency requirement so long as the business is located in Cupertino.
D.None of these representatives shall be officials or employees of the City, nor
cohabit with, as defined by law, nor be related by blood or marriage to any other
member of the Commission, to the City Manager or to any staff person(s) who
may be assigned to assist this Commission.
E.Members of the Commission shall be appointed by the City Council.
F.The Sustainability Manager, or his or her designee, shall provide technical
assistance to the Commission.
SECTION 3: 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.
Ordinance No. 24-2256
Page 5
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 March 5,
2024 and ENACTED at a regular meeting of the Cupertino City Council on March 19,
2024 by the following vote:
Members of the City Council
AYES: Mohan, Fruen, Chao, Moore, Wei
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Shelia Mohan, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
APPROVED AS TO FORM:
Christopher D. Jensen, City Attorney Date
Christopher D. Jensen Mar 26, 2024
3/27/2024
3/27/2024
Ordinance No. 24-2256
Final Audit Report 2024-03-26
Created:2024-03-26
By:Araceli Alejandre (aracelia@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAANpfHY3Zdb4acNSsIaue4DzROaZCxa5jP
Ordinance No. 24-2256" History
Document created by Araceli Alejandre (aracelia@cupertino.org)
2024-03-26 - 8:58:30 PM GMT- IP address: 71.204.144.228
Document emailed to christopherj@cupertino.org for signature
2024-03-26 - 9:00:44 PM GMT
Email viewed by christopherj@cupertino.org
2024-03-26 - 9:14:26 PM GMT- IP address: 174.194.129.51
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2024-03-26 - 9:14:56 PM GMT- IP address: 174.194.129.51
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2024-03-26 - 9:14:58 PM GMT - Time Source: server- IP address: 174.194.129.51
Agreement completed.
2024-03-26 - 9:14:58 PM GMT
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIRSTEN SQUARCIA, 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.
24-2256 which was enacted on March 19, 2024, 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 27th day of March 2024.
____________________________________________
KIRSTEN SQUARCIA, City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California