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CC 12-12-2024 Searchable PacketCITY OF CUPERTINO CITY COUNCIL AGENDA 10350 Torre Avenue, Council Chamber and Teleconference Location Pursuant to Government Code section 54953(b)(2); 5th Floor, No 19, Tongshan Street, Taipei, Taiwan Thursday, December 12, 2024 6:00 PM Televised Special Meeting (Election Results and Swearing-in Ceremony) 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 Thursday, December 12, 2024, commencing at 6:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference location: 5th Floor, No 19, Tongshan Street, Taipei, Taiwan. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS This portion of the meeting is reserved for persons wishing to address the Council regarding all items on the agenda. ELECTION RESULTS Subject: Statement of results of the General Municipal Election held on November 5, 2024 and declaration of candidates who received the most votes and were elected for the position of City of Cupertino Council Member. Recommended Action: Adopt the Resolution 24-115 stating the election results for the General Municipal Election held on November 5, 2024 and declaring the candidates who received the most votes and were elected for the position of City of Cupertino Council Member. Page 1 1 CC 12-12-2024 1 of 26 City Council Agenda December 12, 2024 Staff Report A - Draft Resolution and Exhibit A B – Certificates of Election and Oaths of Office RECOGNITION OF OUTGOING COUNCILMEMBERS Subject: Recognize outgoing Councilmember Hung Wei OATH OF OFFICE OF RECENTLY ELECTED COUNCILMEMBERS Subject: Oath of Office of Recently Elected Councilmembers ELECTION AND OATH OF MAYOR AND VICE MAYOR Subject: a. Councilmembers elect Mayor b. Councilmembers elect Vice Mayor c. Mayor and Vice Mayor Oath of Office 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 Page 2 2 CC 12-12-2024 2 of 26 City Council Agenda December 12, 2024 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. 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 12-12-2024 3 of 26 CITY OF CUPERTINO Agenda Item 24-13544 Agenda Date: 12/12/2024 Agenda #: Subject: Statement of results of the General Municipal Election held on November 5, 2024 and declaration of candidates who received the most votes and were elected for the position of City of Cupertino Council Member. Adopt the Resolution 24-115 stating the election results for the General Municipal Election held on November 5, 2024 and declaring the candidates who received the most votes and were elected for the position of City of Cupertino Council Member. CITY OF CUPERTINO Printed on 12/9/2024Page 1 of 1 powered by Legistar™4 CC 12-12-2024 4 of 26 1 CITY COUNCIL STAFF REPORT Meeting: December 12, 2024 Subject Statement of results of the General Municipal Election held on November 5, 2024 and declaration of candidates who received the most votes and were elected for the position of City of Cupertino Council Member. Recommended Action Adopt the Resolution 24-115 stating the election results for the General Municipal Election held on November 5, 2024 and declaring the candidates who received the most votes and were elected for the position of City of Cupertino Council Member. Reasons for Recommendation The California Elections Code, Government Code Sections 10262 et seq., requires that upon certification of the results of an election by the elections official, the City Council shall meet to declare the results of the election. The City Council is required to adopt a Resolution (Attachment A), and the City Clerk is required to enter into the minutes a statement of the results. After the declaration of the election results for the General Municipal Election is made, the City Council will also choose a Mayor and Vice Mayor from one of its members as noted as a separate item on the agenda. The City of Cupertino conducted a General Municipal Election on November 5, 2024 to elect two full term members to the City Council. In accordance with the Elections Code, the Registrar of Voters of the County of Santa Clara conducts the official canvass of the returns of the election, and certifies the Statement of Votes Cast, showing the number of votes for each candidate for Councilmember and in each of the precincts (Exhibit A of Attachment A). Registrar of Voter’s has certified the official results of the November 5, 2024 General Municipal Election. Based on the official total number the Votes Cast, the candidates who received the most votes for City of Cupertino Council Member were Kitty Moore and Ray Wang. 5 CC 12-12-2024 5 of 26 2 Candidate for City of Cupertino Council Member # of Votes Cast Kitty Moore 10,348 Ray Wang 7,643 Rod Sinks 7,579 Hung Wei 7,116 Gilbert Wong 3,333 Barry Chang 2,911 Claudio Bono 2,226 It is recommended that the City Council adopt the draft resolution (Attachment A) stating the election results for the General Municipal Election held on November 5, 2024 and declaring the candidates who received the most votes and were elected for the position of City Councilmember. Next Steps If the City Council accepts the Statement of Votes and Certificates of Election Results and declares the totals to be the results of the election, then the City Clerk will administer the Oath of Office (Attachment B) and file the executed Oaths to the Santa Clara County Recorder and Registrar of Voters’ Offices, issue a Certificate of Election to each of the persons elected, and enter the statement of the result of the election and adoption of the Resolution into the records of the City Council of the City of Cupertino. Sustainability Impact There is no sustainability impact. Fiscal Impact There is no fiscal impact. California Environmental Quality Act Not applicable. City Work Program (CWP) Item: No CWP Item Description: N/A Council Goal: N/A Prepared by: Kirsten Squarcia, City Clerk Approved for Submission by: Pamela Wu, City Manager Attachments: A - Draft Resolution and Exhibit A (Statement of Votes and Certificate of Election Results 6 CC 12-12-2024 6 of 26 3 and Certificates of Election) B – Certificates of Election and Oaths of Office 7 CC 12-12-2024 7 of 26 RESOLUTION NO. 24-___ A RESOLUTION OF THE CUPERTINO CITY COUNCIL STATING THE ELECTION RESULTS FOR THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024 AND DECLARING THE CANDIDATES WHO RECEIVED THE MOST VOTES AND WERE ELECTED FOR THE POSITION OF CITY COUNCILMEMBER WHEREAS, the City of Cupertino conducted a General Municipal Election on Tuesday, November 5, 2024 as required by law, to elect two members to the City Council; and WHEREAS, notice of election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Registrar of Voters of the County of Santa Clara, State of California, has conducted the official canvass of the returns of said election in accordance with the appropriate provisions of the Elections Code of the State of California; and WHEREAS, the Registrar of Voters has certified that the attached Certificate of Election Results (Exhibit A) is a full, true and correct statement of the votes cast at said election for two City Council seats, which findings are incorporated herein by this reference; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1. That the total number of votes cast in the City was 25,810. 2. That the total number of votes given and cast at the municipal election, including votes cast upon absentee ballots, was as follows for the candidates for City Council for full terms: 8 CC 12-12-2024 8 of 26 Resolution No. 24- Page 2 Candidate # of Votes Kitty Moore 10,348 Ray Wang 7,643 Rod Sinks 7,579 Hung Wei 7,116 Gilbert Wong 3,333 Barry Chang 2,911 Claudio Bono 2,226 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the office for which the persons were candidates are listed in Exhibit A attached. 4. The City Council of the City of Cupertino does declare and determine that Kitty Moore and Ray Wang were each elected as members of the City Council for the full term of four years. 5. The City Clerk shall enter on the records of the City Council of the City of Cupertino a statement of the result of the election, showing: (1) the whole number of votes cast in the City; (2) the names of the persons voted for; (3) for what office each person was voted for; (4) the number of votes given at each precinct to each person (See Exhibit A); and (5) the total number of votes given to each person. 6. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. 7. The City Clerk shall certify passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 12th day of December 2024, by the following vote: Members of the City Council 9 CC 12-12-2024 9 of 26 Resolution No. 24- Page 3 AYES: NOES: ABSENT: ABSTAIN: SIGNED: _______________ ________________ Sheila Mohan Mayor, City of Cupertino ________________________ Date ATTEST: _______________ ________________ Kirsten Squarcia, City Clerk ________________________ Date 10 CC 12-12-2024 10 of 26 1 City of Cupertino Council Member Re g i s t e r e d Vo t e r s Vo t e r s C a s t Tu r n o u t ( % ) Ki t t y M o o r e Ba r r y C h a n g Cl a u d i o Bo n o Hu n g W e i Ra y W a n g Gi l b e r t W o n g Ro d S i n k s 17th Congressional District In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 17th Congressional District Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 17th Congressional District Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 13th Senatorial District In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 13th Senatorial District Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 13th Senatorial District Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 26th Assembly District In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 26th Assembly District Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 26th Assembly District Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 State Board of Equalization #2 In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 State Board of Equalization #2 Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 State Board of Equalization #2 Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 County of Santa Clara In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 County of Santa Clara Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 County of Santa Clara Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 5th Supervisorial District In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 5th Supervisorial District Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 5th Supervisorial District Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 City of Cupertino In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 City of Cupertino Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 City of Cupertino Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 Total - In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 Total - Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 Contest Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 Printed: Tuesday, December 3, 2024 2:42 PM Page 186 of 227Data Refreshed: Tuesday, December 3, 2024 2:41 PM Santa Clara Santa Clara November 5 2024 General Election November 5, 2024 General Election SOV by District November 5, 2024 EXHIBIT A 11 CC 12-12-2024 11 of 26 1 City of Cupertino Council Member Re g i s t e r e d Vo t e r s Vo t e r s C a s t Tu r n o u t ( % ) Ki t t y M o o r e Ba r r y C h a n g Cl a u d i o Bo n o Hu n g W e i Ra y W a n g Gi l b e r t W o n g Ro d S i n k s 0003601 In-Person 1560 59 3.78 %19 5 4 13 18 6 17 0003601 Mail Voting 1560 1248 80.00 %330 146 161 424 184 155 575 0003601 Total 1560 1307 83.78 %349 151 165 437 202 161 592 0003602 In-Person 2475 186 7.52 %89 15 13 38 73 18 32 0003602 Mail Voting 2475 1694 68.44 %810 186 137 401 585 216 429 0003602 Total 2475 1880 75.96 %899 201 150 439 658 234 461 0003603 In-Person 1574 85 5.40 %44 7 12 13 39 11 18 0003603 Mail Voting 1574 1148 72.94 %420 151 108 347 285 174 358 0003603 Total 1574 1233 78.34 %464 158 120 360 324 185 376 0003604 In-Person 1450 136 9.38 %49 15 10 37 41 18 25 0003604 Mail Voting 1450 940 64.83 %336 120 97 279 233 113 285 0003604 Total 1450 1076 74.21 %385 135 107 316 274 131 310 0003605 In-Person 1759 175 9.95 %64 26 11 38 64 22 43 0003605 Mail Voting 1759 1176 66.86 %556 154 84 288 413 143 287 0003605 Total 1759 1351 76.81 %620 180 95 326 477 165 330 0003606 In-Person 3227 235 7.28 %123 23 8 43 101 24 48 0003606 Mail Voting 3227 2229 69.07 %960 207 158 668 782 250 728 0003606 Total 3227 2464 76.36 %1082 230 166 711 882 274 776 0003609 In-Person 1712 148 8.64 %64 17 8 50 54 12 40 0003609 Mail Voting 1712 1173 68.52 %407 127 95 408 305 159 383 0003609 Total 1712 1321 77.16 %471 144 103 458 359 171 423 0003612 In-Person 1876 156 8.32 %67 14 17 29 61 17 34 0003612 Mail Voting 1876 1304 69.51 %494 168 147 361 324 159 353 0003612 Total 1876 1460 77.83 %561 182 164 390 385 176 387 0003614 In-Person 2967 308 10.38 %163 32 19 56 140 33 40 0003614 Mail Voting 2967 1909 64.34 %842 213 136 454 644 276 440 0003614 Total 2967 2217 74.72 %1005 245 155 510 784 309 480 0003616 In-Person 2529 222 8.78 %102 16 16 47 69 31 51 0003616 Mail Voting 2529 1720 68.01 %691 172 170 522 457 233 518 0003616 Total 2529 1942 76.79 %793 188 186 569 526 264 569 0003620 In-Person 2038 155 7.61 %75 21 12 32 60 21 29 0003620 Mail Voting 2038 1412 69.28 %636 148 85 362 456 171 394 0003620 Total 2038 1567 76.89 %710 169 97 394 515 192 423 0003621 In-Person 1552 159 10.24 %61 25 15 27 49 16 35 0003621 Mail Voting 1552 977 62.95 %339 123 112 249 179 137 288 0003621 Total 1552 1136 73.20 %400 148 127 276 228 153 323 0003624 In-Person 493 28 5.68 %12 3 5 7 4 5 7 0003624 Mail Voting 493 356 72.21 %126 31 37 104 96 43 134 0003624 Total 493 384 77.89 %138 34 42 111 100 48 141 0003627 In-Person 969 66 6.81 %30 11 10 12 26 4 12 0003627 Mail Voting 969 696 71.83 %276 83 73 165 192 102 221 0003627 Total 969 762 78.64 %306 94 83 177 219 106 233 0003629 In-Person 2426 143 5.89 %72 11 13 14 69 15 30 0003629 Mail Voting 2426 1763 72.67 %628 209 169 542 493 212 602 0003629 Total 2426 1906 78.57 %699 220 182 555 562 227 632 0003635 In-Person 98 11 11.22 %4 1 1 1 1 0003635 Mail Voting 98 59 60.20 %16 13 9 15 9 11 19 0003635 Total 98 70 71.43 %20 14 9 16 9 12 20 0003639 In-Person 2831 236 8.34 %112 25 6 40 85 36 44 0003639 Mail Voting 2831 1901 67.15 %781 212 121 576 611 282 572 Printed: Tuesday, December 3, 2024 11:22 AM Page 449 of 1073Data Refreshed: Tuesday, December 3, 2024 11:22 AM Santa Clara Santa Clara November 5 2024 General Election November 5, 2024 General Election SOV by Precinct November 5, 2024 12 CC 12-12-2024 12 of 26 1 City of Cupertino Council Member Re g i s t e r e d Vo t e r s Vo t e r s C a s t Tu r n o u t ( % ) Ki t t y M o o r e Ba r r y C h a n g Cl a u d i o Bo n o Hu n g W e i Ra y W a n g Gi l b e r t W o n g Ro d S i n k s 0003639 Total 2831 2137 75.49 %892 237 127 615 695 318 615 0003643 In-Person 1226 95 7.75 %37 14 8 21 31 10 27 0003643 Mail Voting 1226 866 70.64 %345 85 70 250 282 118 249 0003643 Total 1226 961 78.38 %382 99 78 271 313 128 276 0003660 In-Person 596 45 7.55 %14 8 6 5 7 5 9 0003660 Mail Voting 596 381 63.93 %97 34 40 109 74 56 122 0003660 Total 596 426 71.48 %111 42 46 114 81 61 131 0003663 In-Person 150 15 10.00 %3 2 7 4 1 9 0003663 Mail Voting 150 103 68.67 %22 19 18 33 20 11 45 0003663 Total 150 118 78.67 %25 21 18 40 24 12 54 0003670 In-Person 67 9 13.43 %4 4 2 3 1 2 0003670 Mail Voting 67 42 62.69 %11 8 3 9 8 2 17 0003670 Total 67 51 76.12 %15 12 5 12 9 2 19 0003673 In-Person 0 0 0003673 Mail Voting 0 0 0003673 Total 0 0 0003692 In-Person 59 6 10.17 %4 4 3 1 0003692 Mail Voting 59 35 59.32 %13 7 1 13 12 3 7 0003692 Total 59 41 69.49 %17 7 1 17 15 4 7 Total - In-Person 33634 2678 7.96 %1212 295 195 537 999 307 553 Total - Mail Voting 33634 23132 68.78 %9136 2616 2031 6579 6644 3026 7026 Contest Total 33634 25810 76.74 %10348 2911 2226 7116 7643 3333 7579 Printed: Tuesday, December 3, 2024 11:22 AM Page 450 of 1073Data Refreshed: Tuesday, December 3, 2024 11:22 AM Santa Clara Santa Clara November 5 2024 General Election November 5, 2024 General Election SOV by Precinct November 5, 2024 13 CC 12-12-2024 13 of 26 14 CC 12-12-2024 14 of 26 15 CC 12-12-2024 15 of 26 16 CC 12-12-2024 16 of 26 17 CC 12-12-2024 17 of 26 18 CC 12-12-2024 18 of 26 19 CC 12-12-2024 19 of 26 20 CC 12-12-2024 20 of 26 21 CC 12-12-2024 21 of 26 22 CC 12-12-2024 22 of 26 23 CC 12-12-2024 23 of 26 CITY OF CUPERTINO Agenda Item 24-13545 Agenda Date: 12/12/2024 Agenda #: Subject: Recognize outgoing Councilmember Hung Wei CITY OF CUPERTINO Printed on 12/9/2024Page 1 of 1 powered by Legistar™24 CC 12-12-2024 24 of 26 CITY OF CUPERTINO Agenda Item 24-13546 Agenda Date: 12/12/2024 Agenda #: Subject: Oath of Office of Recently Elected Councilmembers CITY OF CUPERTINO Printed on 12/9/2024Page 1 of 1 powered by Legistar™25 CC 12-12-2024 25 of 26 CITY OF CUPERTINO Agenda Item 24-13547 Agenda Date: 12/12/2024 Agenda #: Subject: a. Councilmembers elect Mayor b. Councilmembers elect Vice Mayor c. Mayor and Vice Mayor Oath of Office CITY OF CUPERTINO Printed on 12/9/2024Page 1 of 1 powered by Legistar™26 CC 12-12-2024 26 of 26