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Ordinance No. 1679~ o ORDINANCE NO. 1679 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADDING CHAPTER 2.88 TO THE CUPERTINO MUNICIPAL CODE TO ESTABLISH AN AUDIT COMMITTEE THE C[TY COUNCIL OF THE CITY OF CUPERTINO ORDAINS AS FOLLOWS: SECTION I -AMENDMENTS Chapter 2.88 is to be entitled "Audit Committee", and sections are hereby enacted to be numbered, entitled and to read as follows: Section 2.88.010 Established-Composition The Audit Committee of the city is hereby established. The Audit Committee shalt consist of five members as follows: Two City Council members, Two stafl'members, Representative from a Cupertino business. The representative from a Cupertino business shall not be an official or employee 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(s) assigned to this committee. Section 2.88.020 Members-Residency-Selection An Audit Committee member who is a representative of a business is not required to be a Cupertino resident, but the business represented must be located in Cupertino. In selection of Cupertino business members, the City Council may give priority to inviduals who hav experience in reviewing financial information, understand internal controls, or are familiar with audit techniques. Section 2.88.030 Terms of office. A. Audit Committee members serve at the pleasure of the City Council. The term of office of the members of the Audit Committee shall be for four years commencing on the date of their respective appointments to the Audit Committee and shall end on January 15 of the year the terms are due to expire. No Audit Committee ORDINANCE N0. ~) • PAGE2 member shall serve more than two consecutive terms unless he or she has been appointed to the committee to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Audit Committee are governed by Resolution No. 8828 of the Cupertino City Council. Section 2.88.040 Members-Vacancy prior to expiration of a term. If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the term. Section 2.88.050 Chairperson. The committee shall elect its chairperson and vice chairperson from among its members and shall appoint a secretary. Terms of the chairperson and vice chairperson shall be for one year and shall begin on January 15. Upon approval of the City Council, the City Manager may appoint a secretary who need not be a member of the committee. Section 2.88.060 Meetings. A. The Audit Committee shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least one regular meeting quarterly. B. A majority of the Audit Committee shall constitute a quorum for the purpose of transacting the business of the committee. Section 2.88.070 Compensation-Expenses. Members shall serve on the Audit Committee without compensation, but all necessary expenses reasonably incurred by them while acting in their official capacity shall be paid by appropriate action of the City Council. Section 2.88.080 Majority vote required. A majority vote of the quorum is required to approve a recommendation on any matter that is presented to the committee which requires a vote. Section 2.88.090 Records. The committee shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Commission as may be required. ORDINANCE NO. ~) • PAGE3 Section 2.88.100 Duties-Powers-Responsibilities. The powers and functions of the Audit Committee shall be as follows: A. To review the annual audit report and management letter. B. To recommend appointment of auditors. C. To review the Monthly Treasurer's Report. D. To recommend a budget format. E. To review city investment policies and internal controls of such policies. Section 2.88.110 City staff assistance. The Audit Committee shall have available to it such assistance of city staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Administrative Services. Section 2.88.120 Procedural rules. The Audit Committee 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 approval by the Council before becoming effective. All such rules shall be kept on file with the chairperson of the Audit Committee, the Mayor, and the City Clerk and a copy thereof shall be famished to any person upon request. Section 2.88.130 Effect. Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council or city officers. SECTION II -PUBLICATION The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the city within fifteen (IS) days after its passage, in accordance with Section 36933 of the Government Code; shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Cupertino Municipal Code. ORDINANCE NO. I~J PAGE 4 INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 6th day of February , 1995, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 21st day of February , 1995, by the following vote: yqj~: Members of the City Council AYES: Bautista, Burnett, Koppel. Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ ~~ APPR VED: Mayor, ity upettino STATE OP CALIFORNIA COUNTY OF SANTA CLARA j CITY OF CUPERTINO ) I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, Califomia, do hereby certify the attached to be a full, true, and correct copy of Ordinance No. i~ 79 enacted on c J.-t.~, -~ ;i_ ~~ iyo,- IN WITNESS WHEREOF, I have hereunto set my hand and seal'thisl ~'r,a7 day of t~ KIMBERLY S ITH; City Clerk and ex-officio Cletk`pfithe City Council of the City of Cupertino, California