24. Council vacancy
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. ~
Meeting Date: August 21. 2007
SUBJECT AND ISSUE
Accept Vice-Mayor Patrick Kwok's resignation and select a method to fill the vacancy.
BACKGROUND
Vice-Mayor Patrick Kwok resigned from the Cupertino City Council and the Cupertino
Redevelopment Agency to accept a position on the Santa Clara Valley Water District Board of
Directors effective August 7, 2007.
Within 30 days, the City Council must either fill the vacancy by appointment for the unexpired
term of the former incumbent, or call a special election to fill the vacancy.
Appointment
Patrick Kwok's term on City Council ends in November 2009. The City Council may appoint
someone within 30 days to serve the remainder of that term. The appointee would still be
qualified to run for office later and serve two consecutive elective terms. The appointment must
be made by Thursday, September 6, or the matter automatically goes to an election.
Election
If a special election is called, it must be held on the next regularly established election date not
less than one hundred fourteen days from the call of the special election. That date would be the
presidential primary election on February 5, 2008.
Once the election has been called, the City Council may appoint someone to serve in the interim
period until the election or leave the seat vacant.
The nomination period for the February election would be October 15 through November 9,
2007. Council candidates running in the November 6 election could obtain nomination papers
early in the filing period but delay filing until the election results are known.
August 21, 2007
Page 2
The Registrar of Voters Office estimated the cost of this election to be $49,500, with a warning
that the estimate will be affected by a recent decision of the Secretary of State. That decision,
which goes into effect for the February 5 election, will reduce the use of Electronic Voting
Machines and increase the number of paper ballots, thereby increasing printing costs. The fiscal
impact is un~own at this time.
RECOMMENDATION
I. Accept the resignations
2. Fill the vacancy by appointment for the remainder of the unexpired term (which ends
November, 2009); or
3. Adopt a resolution calling a special election for February 5,2008 (see attached draft
resolution).
A. Consider appointing an individual to fill the position in the interim.
Submitted by: Approved for submission:
~~
City Clerk
c:b(
David W. Knapp
City Manager
Attachments: 1. Municipal Code excerpt regarding vacancies and term limits
2. Draft resolution calling election
From the Cupertino Municipal Code:
2.04.040 Vacancy.
A. If any vacancy on the City Council occurs other than by expiration of at term, the City
Council shall, at its option within thirty days from the commencement of the vacancy, either fill
the vacancy by appointment for the unexpired term of the former incumbent, or call a special
election to fill the vacancy. The special election shall be held on the next regularly established
election date not less than one hundred fourteen days from the call of the special election.
B. Notwithstanding any other provision of this section, the City Council may appoint any
person, otherwise qualified, to fill a City Council vacancy to hold office only until the date of a
special election which is called to fill the remainder of the term pursuant to subsection A of this
section.
C. Notwithstanding any other provision of this section, an appointment shall not he made to
fill a vacancy on the City Council if the appointment would result in a majority of the members
serving on the Council having been appointed. The vacancy shall be filled in one of the
following ways
1. The City Council may call an election to till the vacancy to be held on the next regularly
established election date not less than one hundred fourteen days after the call;
2. If the City Council does not call an election pursuant to subsection B of this section, the
vacancy shall be filled at the next regularly established election date. (Ord. 1697, (part), passed -
-1995; Ord. 10 17, passed --1991; Ord. 1026, ~ 1, passed --1980)
2.04.050 Term Limits.
The service of city councilmembers shall be limited to two consecutive elected terms, for a
maximum possible time (appointed and elected combined) of ten years and three hundred fifty-
four days, after which they would not he eligible for election or appointment to a council seat for
four years. (This section was adopted by a vote of the people November 4, 1997.) (Ord. 1775,
passed --1998)
DRAFT
RESOLUTION NO. 07-146
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
CALLING A SPECIAL ELECTION ON FEBRUARY 5, 2008
TO FILL A CITY COUNCIL VACANCY
WHEREAS, on August 7,2007, Council member Patrick Kwok resigned from the City
Council to accept an appointment on the Santa Clara Valley Water District Board of Directors;
and
WHEREAS, Council member Patrick Kwok's term of office ends in November 2009;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino:
1. A special election is called for February 5, 2008, to fill the unexpired term of Council
member Patrick Kwok;
2. The City of Cupertino requests that the Registrar of Voters of Santa Clara County
conduct the elections and canvass the returns. The Registrar shall be reimbursed for all
costs incurred by said services;
3. The City of Cupertino requests that said election be consolidated with other February
elections, and agrees that this governing body consents to such consolidation;
4. The city clerk is hereby authorized and directed to certify to the adoption of this
resolution, and to transmit a certified copy to the Registrar of Voters and to the Board of
Supervisors of Santa Clara County.
5. The city clerk is authorized and directed to publish a notice of election within the time
and in the manner specified in California Elections Code 12111.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
21 sl day of August 2007, by the following vote:
V ote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino