Packet Dec 6, 2011
Table of Contents
Agenda2
Public Employee Performance Evaluation(Government Code
54957)- City Attorney
No written materials in packet4
Receive declaration of election results for the General Municipa
Election held on November 8, 2011
Draft Resolution5
A. Certificate of Election - Council seats6
B. Certificate of Election - Transient Occupancy Tax17
C. Ordinance No. 11-208925
1
Amended Nov. 30 to modify the
order of agenda items
AGENDA
CUPERTINO CITY COUNCIL ~ REGULAR ADJOURNED MEETING
CUPERTINO REDEVELOPMENT AGENCY ~ REGULAR MEETING
10350 Torre Avenue, Community Hall Council Chamber
Tuesday, December 6, 2011
4:00PM
CITY COUNCIL MEETING
ROLL CALL
CLOSED SESSION
1.Subject:Public Employee Performance Evaluation(Government Code 54957)-City Attorney
Recommended Action:Conduct review
No written materials in packet
PLEDGE OF ALLEGIANCE–
6:45 p.m.
ROLL CALL
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any matter
not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will
prohibit the council from making any decisions with respect to a matter not listed on the agenda.
ELECTION RESULTS
2.Subject:Receive declaration of election results for the General Municipal Election held on
November 8, 2011
Recommended Action:Adopt Resolution No. 11-192
Draft Resolution
A. Certificate of Election -Council seats
B. Certificate of Election -Transient Occupancy Tax
C. Ordinance No. 11-2089
Page:5
Tuesday, December 6, 2011Cupertino City Council
Cupertino Redevelopment Agency
RECOGNITION OF OUTGOING COUNCIL MEMBER
3.Subject:Council members and audience members are invited to say farewell to Council
member Kris Wang. Please keep comments very brief.
OATH OF OFFICE
4.Subject:Oath of Office is given to the newly-elected Council members.
MAYOR AND VICE-MAYOR
5.Subject:Election of Mayor and Vice-Mayor.
OATH OF OFFICE
6.Subject:Oath of Office is given to the newly-elected Mayor and Vice-Mayor.
COUNCIL COMMENTS
7.Subject: Comments by Council members and new Mayor.
PUBLIC COMMENTS
8.Subject:Members of the audience are invited to speak. Please keep comments very brief.
ADJOURNMENT
9.Subject:The public is invited to attend the reception in the lobby.
REDEVELOPMENT AGENCY MEETING
Canceled for lack of business.
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a
final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with
respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days
after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable
efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the
city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting.
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,
during normal business hours and in Council packet archives linkedfrom the agenda/minutes page on the
Cupertino web site.
CITY COUNCIL STAFF REPORT
Meeting:
Dec6
Subject:
PublicEmployeePerformanceEvaluation(GovernmentCode54957)-CityAttorney
NO WRITTEN MATERIALS IN PACKET
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RESOLUTION NO. 11-192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RECEIVING THE DECLARATION OF ELECTION RESULTS FOR THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2011
WHEREAS, the City of Cupertino conducted a general municipal election on
November 8, 2011, to elect twomembers to the City Council and consider one measure; 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 inaccordance with the
appropriate provisions of the Election 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
electionfor two City Council seats; and
WHEREAS, the City Council declares that the candidates who received the most votes
for the position of City Council member were Gilbert Wong andRod Sinks; and
WHEREAS, the Registrar of Voters has certified that the attached Certificate of
Election Results (Exhibit B) is a full, true and correct statement of the votes cast at said
electionfor Measure C, Transient Occupancy Tax; and
WHEREAS, the City Council declares that Measure C, Ordinance No. 11-2089
(Exhibit C)received a majority of votes and thereby passed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby receives the Certificate of Election Results of the General Municipal
Election of November 8, 2011.
PASSED AND ADOPTED at a regular adjourned meeting of the City Councilof the
City of Cupertino this 6thday of December,2011, by the following vote:
VoteMembers of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:APPROVED:
____________________________________________________________
Kimberly Smith, City ClerkGilbert Wong, Mayor, City of Cupertino
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EXHIBITA
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EXHIBITB
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EXHIBIT C
ORDINANCE NO. 11-2089
AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 3.12.030OF THE MUNICIPAL CODE INCREASINGTHE
TRANSIENT OCCUPANCY TAX RATE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
AS FOLLOWS:
WHEREAS, since 1965 transient hotel guests have paid a Transient Occupancy Tax (TOT)
on hotel rooms in Cupertino. Like many other California cities, Cupertino uses this funding to
provide essential public servicesthrough its general fund, and without this revenue, the City
would be forced to cut funding that supports: library services, neighborhood police patrols, rapid
9-1-1 emergency response times, city streetmaintenance,current levels of police officers, and
school traffic safetyand crossing guards; and
WHEREAS, the rate of the TOT has been ten percent (10%) since 1991; and
WHEREAS, many residents live in Cupertino because it offers a higher level of service,
programs and quality of life than neighboring cities; and
WHEREAS, TOT is an important revenue source and increasing that revenue to the general
fund will ensure that the City can maintain the high quality of public safety, supportlibrary
services, maintain city streets, and continue assisting with school traffic safety andcrossing
guards; and
WHEREAS, TOT is paid by hotel guests only and not directly by Cupertino residents; and
WHEREAS, an increase in the TOT rate to twelve percent (12%) would help maintain city
services, including library services, neighborhood police patrols, city streets, 9-1-1 emergency
response times,current levels of police officers, and school traffic safety and crossing guards.
NOW THEREFORE, the People of the City of Cupertino do ordain as follows:
SectionI
.Code Amendment.Chapter3.12.030.of the Cupertino Municipal Code is
hereby amendedto read as follows:
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax
in the amount of twelveten percent of the rent charged by the operator.The tax constitutes a
debt owed by the transient to the City, which is extinguished only by payment to the operator or
to the City.The transient shall pay the tax to the operator of the hotel at the time the rent is
paid.If the rent is paid in installments, a proportionate share of the tax shall be paid with each
installment.The unpaid tax shall be due upon the transient’s ceasing to occupy space in the
hotel.If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator
may require that such tax is paid directly to the Tax Administrator.
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OrdinanceNo. 11-2089
Section 2.
Effective Date.This Ordinance shall take effect January 1, 2012 if
approved by a majority vote of the electorate voting on the issue, at the General Municipal
Election to beheld November 8, 2011 within the City of Cupertino. If so approved, the City
Clerk shall certify to adoption of this Ordinance.
Section 3.
Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end, the provisions hereof are severable.
Section 4.
Amendment or Repeal. Chapter 3.12.030 of the Cupertino Municipal
Code may be repealed or amended by the City Council without a vote of the people. However,
as required by Article XIIIC of the California Constitution, voter approval is required for any
amendment provision that would increase the rate of any tax levied pursuant to this Ordinance.
The People of the City of Cupertino affirm that the following actions shall not constitute an
increaseof the rate of a tax:
1.The restoration of the rate of the tax to a rate that is no higher than that set
by this Ordinance, if the City Council has acted to reduce the rate of the
tax;
2.An action that interprets or clarifies the methodology of the tax, or any
deduction applicable to the tax, aslong as interpretation or clarification
(even if contrary to some prior interpretation or clarification) is not
inconsistent with the language of this Ordinance.
3.The establishment of a class of persons that is exempt or excepted from
the tax or the discontinuation of any such exemption or exception (other
than the discontinuation of an exemption or exception specifically set forth
in this Ordinance); and
4.The collection of the tax imposed by this Ordinance, even if the City had,
for some period of time, failed to collect the tax.
Section 5.
Ratification of Prior Tax. The votersof the City of Cupertino hereby
ratify and approve the past collection of the Transient Occupancy Tax under Chapter 3.12.030 of
the Cupertino Municipal Code as it existed prior to the effective date of this Ordinance.
Section 6.
Certification.The Mayor is hereby authorized to sign where indicated
below to certify to the adoption of this Ordinance.
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OrdinanceNo. 11-2089
th
PASSED, APPROVED and ADOPTED by the People of the City of Cupertino this 8
dayof November, 2011.
Gilbert Wong
Mayor, City of Cupertino
ATTEST:
____________________
Kim Smith, City Clerk
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