12-06-18 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
7:00 PM
10350 Torre Avenue, Council Chamber
Thursday, December 6, 2018
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 06, 2018, commencing at 7:00
p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino,
California 95014. Said special meeting shall be for the purpose of conducting
business on the subject matters listed below under the heading, “Special
Meeting."
SPECIAL MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL
POSTPONEMENTS
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
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December 6, 2018City Council AGENDA
1.Subject: Statement of results of the General Municipal Election held on November
6, 2018 and declaration of candidates who received the most votes and were
elected for the position of City Councilmember. Note: The Registrar of Voters of
the County of Santa Clara will not be able to certify the final election results until
December 6 and after the date of this agenda publication; the final Draft Resolution
showing the total number of votes cast in the City and total number of votes
candidates received, and Certificate of Election Results will be distributed on the
dais and available to the public at the meeting on December 6.
Recommended Action: Adopt Resolution No. 18-117 stating the election results of
the General Municipal Election held on November 6, 2018 and declaring the
candidates who received the most votes and were elected for the position of City
Councilmember. Note: The Registrar of Voters of the County of Santa Clara will not
be able to certify the final election results until December 6 and after the date of this
agenda publication; the final Draft Resolution showing the total number of votes cast
in the City and total number of votes candidates received, and Certificate of Election
Results will be distributed on the dais and available to the public at the meeting on
December 6.
Staff Report
A- Draft Resolution
RECOGNITION OF OUTGOING COUNCILMEMBER
2.Subject: Recognition of outgoing Councilmembers Barry Chang and Savita
Vaidhyanathan
Recommended Action: Recognize outgoing Councilmembers Barry Chang and Savita
Vaidhyanathan
ELECTION OF MAYOR AND VICE MAYOR
3.Subject: Oath of Office is given to newly-elected Councilmembers Darcy Paul,
Liang Chao, and Jon Robert Willey
Recommended Action: Oath of Office is given to newly-elected Councilmembers
Darcy Paul, Liang Chao, and Jon Robert Willey
4.Subject: Councilmembers elect Mayor
Recommended Action: Make nominations and elect Mayor
5.Subject: Councilmembers elect Vice Mayor
Recommended Action: Make nominations and elect Vice Mayor
OATH OF OFFICE
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December 6, 2018City Council AGENDA
6.Subject: Mayor takes Oath of Office
Recommended Action: Mayor takes Oath of Office
7.Subject: Vice Mayor takes Oath of Office
Recommended Action: Vice Mayor takes Oath of Office
COMMENTS BY NEW MAYOR
8.Subject: Comments by New Mayor and presentation of gifts
Recommended Action: Comments by New Mayor and presentation of gifts
COMMENTS BY COUNCILMEMBERS AND PUBLIC
9.Subject: Comments by Councilmembers
Recommended Action: Comments by Councilmembers
10.Subject: Members of the audience are invited to speak
Recommended Action: Members of the audience are invited to speak
RECEPTION
11.Subject: The public is invited to attend a reception in the lobby
Recommended Action: The public is invited to attend a reception in the lobby
ADJOURNMENT
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December 6, 2018City Council AGENDA
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/index.aspx?
page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next City Council 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, 48 hours in advance of the Council meeting to arrange for assistance.
Upon request, in advance, by a person with a disability, City Council meeting agendas
and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format. Also upon request, in advance, an assistive
listening device can be made available for use during 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 linked from the agenda/minutes page on the Cupertino
web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2.08.100 written communications sent to the Cupertino City Council,
Commissioners or City 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’s website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
Members of the public are entitled to address the City Council concerning any item
that is described in the notice or agenda for this meeting, before or during
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December 6, 2018City Council AGENDA
consideration of that item. If you wish to address the Council on any issue that is on
this agenda, please complete a speaker request card located in front of the Council,
and deliver it to the Clerk prior to discussion of the item. When you are called, proceed
to the podium and the Mayor will recognize you. If you wish to address the City
Council on any other item not on the agenda, you may do so by during the public
comment portion of the meeting following the same procedure described above. Please
limit your comments to three (3) minutes or less.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4365 Name:
Status:Type:Election Results Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Statement of results of the General Municipal Election held on November 6, 2018 and
declaration of candidates who received the most votes and were elected for the position of City
Councilmember. Note: The Registrar of Voters of the County of Santa Clara will not be able to certify
the final election results until December 6 and after the date of this agenda publication; the final Draft
Resolution showing the total number of votes cast in the City and total number of votes candidates
received, and Certificate of Election Results will be distributed on the dais and available to the public
at the meeting on December 6.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A- Draft Resolution
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Statement of results of the General Municipal Election held on November 6, 2018 and
declaration of candidates who received the most votes and were elected for the position of City
Councilmember. Note: The Registrar of Voters of the County of Santa Clara will not be able to
certify the final election results until December 6 and after the date of this agenda publication;
the final Draft Resolution showing the total number of votes cast in the City and total number
of votes candidates received, and Certificate of Election Results will be distributed on the dais
and available to the public at the meeting on December 6.
Adopt Resolution No. 18-117 stating the election results of the General Municipal Election held
on November 6, 2018 and declaring the candidates who received the most votes and were
elected for the position of City Councilmember. Note: The Registrar of Voters of the County of
Santa Clara will not be able to certify the final election results until December 6 and after the
date of this agenda publication; the final Draft Resolution showing the total number of votes
cast in the City and total number of votes candidates received, and Certificate of Election
Results will be distributed on the dais and available to the public at the meeting on December 6.
CITY OF CUPERTINO Printed on 12/4/2018Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: December 6, 2018
Subject
Statement of results of the General Municipal Election held on November 6, 2018 and
declaration of candidates who received the most votes and were elected for the position
of City Councilmember. Note: The Registrar of Voters of the County of Santa Clara will
not be able to certify the final election results until December 6 and after the date of this
agenda publication; the final Draft Resolution showing the total number of votes cast in
the City and total number of votes candidates received, and Certificate of Election Results
will be distributed on the dais and available to the public at the meeting on December 6.
Recommended Action
Adopt the Draft Resolution stating the election results for the General Municipal Election
held on November 6, 2018 and declaring the candidates who received the most votes and
were elected for the position of City Councilmember. Note: The Registrar of Voters of the
County of Santa Clara will not be able to certify the final election results until December
6 and after the date of this agenda publication; the final Draft Resolution showing the total
number of votes cast in the City and total number of votes candidates received, and
Certificate of Election Results will be distributed on the dais and available to the public at
the meeting on December 6.
Discussion
The City of Cupertino conducted a general municipal election on November 6, 2018, to
elect three members to the City Council. The Registrar of Voters of the County of Santa
Clara conducts the official canvass of the returns and certifies the Certificate of Election
Results of the votes cast. At of the time of the City Council agenda production on
December 4, the Registrar’s office was still continuing to perform a post-election canvass,
including counting all remaining valid ballots. The Unofficial Election Results of the ballot
counting process was at 99.00% of the total votes cast as of December 4. The Registrar
estimates the timing to complete counting and provide the Certificate of Election Results
will be done shortly before the commencement of the Cupertino City Council meeting on
December 6.
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As reported on the Registrar of Voter’s Unofficial Election Results webpage with 99.00%
of the votes cast, the candidates who received the most votes for the position of City
Councilmember were Darcy Paul, Liang-Fang “Liang” Chao, and Jon Robert Willey.
The Board of Supervisor’s Policy Resolution B05-2018-4 approved on February 27, 2018
sets out the required conditions for automatic recounts. Those conditions are that the
Registrar of Voters shall conduct, prior to certification of election results, manual recounts
in all contests wholly contained within Santa Clara County where the margin of victory is
either less than 0.25 percent of the ballots cast, or less than 25 votes. The exceptions are
for countywide races or citywide races in the City of San Jose for which machine recounts
may be used. The Registrar of Voters confirmed that due to the delay in certifying the
initial results, the automatic manual recount would begin after certification.
Five out of eight cities in Santa Clara County that responded to a question regarding how
they would handle a recount noted that they would seat members as per the Registrar of
Voters Certification of Election and would handle any change in membership after receipt
of the recount results.
After the declaration of the election results for the General Municipal Election is made per
Elections Code Sections 10262 and 10263, the City Council will also choose a Mayor and
Vice Mayor from one of its members per Government Code 10262, 10263 as noted as a
separate item on the agenda.
Fiscal Impact
None
Sustainability Impact
None
_____________________________________
Prepared by: Grace Schmidt, City Clerk
Approved for Submission by: Amy Chan, Interim City Manager
Attachments:
A - Draft Resolution
8
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
STATING THE ELECTION RESULTS FOR THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 6, 2018 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 November 6, 2018, to elect three members to the City Council; 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 three City Council seats, which findings are incorporated herein
by this reference; and
WHEREAS, the total number of votes cast in the city was _______;
WHEREAS, the City Council declares that the candidates who received the
most votes for the position of City Councilmember were Darcy Paul, Liang-Fang
“Liang” Chao, and Jon Robert Willey:
Candidate Votes __%_
Darcy Paul x,xxx xx.xx %
Liang-Fang “Liang” Chao x,xxx xx.xx %
Jon Robert Willey x,xxx xx.xx %
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby states that the results of the election are as shown in the Certificate of
Election Results of the General Municipal Election of November 6, 2018 (attached as
Exhibit A) and declares that Darcy Paul, Liang-Fang “Liang” Chao, and Jon Robert
Willey were each elected as members of the City Council for the full term of four years.
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PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 6th day of December, 2018, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ___________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino
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EXHIBIT A
Certificate of Election Results (as well as a final Draft Resolution showing the total
number of votes cast in the city and total number of votes candidates received) to be
distributed on the dais before the meeting and also made available to the public.
11
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4366 Name:
Status:Type:Recognition of Outgoing
Councilmember
Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Recognition of outgoing Councilmembers Barry Chang and Savita Vaidhyanathan
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Recognition of outgoing Councilmembers Barry Chang and Savita Vaidhyanathan
Recognize outgoing Councilmembers Barry Chang and Savita Vaidhyanathan
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4367 Name:
Status:Type:Election of Mayor and Vice
Mayor
Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Oath of Office is given to newly-elected Councilmembers Darcy Paul, Liang Chao, and Jon
Robert Willey
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Oath of Office is given to newly-elected Councilmembers Darcy Paul, Liang Chao,
and Jon Robert Willey
Oath of Office is given to newly-elected Councilmembers Darcy Paul, Liang Chao, and Jon
Robert Willey
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4368 Name:
Status:Type:Election of Mayor and Vice
Mayor
Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Councilmembers elect Mayor
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Councilmembers elect Mayor
Make nominations and elect Mayor
CITY OF CUPERTINO Printed on 12/4/2018Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4369 Name:
Status:Type:Election of Mayor and Vice
Mayor
Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Councilmembers elect Vice Mayor
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Councilmembers elect Vice Mayor
Make nominations and elect Vice Mayor
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4370 Name:
Status:Type:Oath of Office Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Mayor takes Oath of Office
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Mayor takes Oath of Office
Mayor takes Oath of Office
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4371 Name:
Status:Type:Oath of Office Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Vice Mayor takes Oath of Office
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Vice Mayor takes Oath of Office
Vice Mayor takes Oath of Office
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4372 Name:
Status:Type:Comments by New Mayor Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Comments by New Mayor and presentation of gifts
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Comments by New Mayor and presentation of gifts
Comments by New Mayor and presentation of gifts
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4373 Name:
Status:Type:Comments by
Councilmembers and Public
Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Comments by Councilmembers
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Comments by Councilmembers
Comments by Councilmembers
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4374 Name:
Status:Type:Comments by
Councilmembers and Public
Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: Members of the audience are invited to speak
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: Members of the audience are invited to speak
Members of the audience are invited to speak
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:118-4375 Name:
Status:Type:Reception Agenda Ready
File created:In control:9/11/2018 City Council
On agenda:Final action:12/6/2018
Title:Subject: The public is invited to attend a reception in the lobby
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council12/6/2018 1
Subject: The public is invited to attend a reception in the lobby
The public is invited to attend a reception in the lobby
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