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25. General Municipal Election moving dateOFFICE OF ADMINISTRATIVE SERVICES CUPERTINO CITY HALL 10300 TORRE AVE- CUPERTINO, CA 95014 TELEPHONE: (408) 777 -2220 • FAX: (408) 777 -3366 SUMMARY Agenda Item No a 5 SUBJECT Meeting Date: May 18, 2010 Consider adopting an ordinance moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012. BACKGROUND Many jurisdictions consolidate their municipal gerteral elections with the statewide general elections held on the first Tuesday after the first Monday in November of even numbered years. Each local jurisdiction's costs of holding its elections are considerably lower if elections are consolidated with the statewide general elections than if held on odd numbered years. Further, by consolidating local elections with the statewide general election, there is greater voter turnout in the local elections. Many voters that may not normally participate in local elections held in odd numbered years do participate in the statewide general elections. In the 2008 statewide general election, 86% of Cupertino registered voters participated, as compared to 42% in the November 2009 election. While 2008 was a presidential election year, which typically has a higher voter turnout, there is a readily apparent difference between voter turn -out. In addition, the 2006 statewide general election had 63% voter participation, as compared to 39% in the November 2007 election. Furthermore, when elections are consolidated with the statewide general elections, voters do not have to keep track of several different election dates, which also makes the election process more open to the public. The City of Cupertino's general municipal election;- are currently held in November of odd numbered years and coincide with Cupertino Union School District (CUSD) elections. Fremont Union High School District elections are already held on even nlanbered years. Other cities in the County, including Gilroy and Los Altos, have already changed their election dates for cost saving purposes to even - numbered years. If the City Council decided to implement this change and CUSD election dates remained the same, we anticipate their election costs to increase and ours to decrease. In addition, since the next election would be held in November 2012 instead of November 2011, the City will defer election expenses for a year. 25 -1 Election Code Section I303(b)(1) authorizes the City Council to enact an ordinance requiring the general municipal elections to be held on the same day as the statewide general elections, provided the ordinance is approved by the County of Santa Clara Board of Supervisors. Pursuant to Election Code Section 10403.5(b), such an ordinance may not increase any term of office by more than 12 months. "12 months" means the period between the day upon which a term of office commenced and the first Tuesday after the second Monday in the 12th month after that day, inclusive. Therefore, the moving of the November 2011 general municipal election to November 2012 will not extend by more than 12 months the term of any Counciltnember. Please note that the Council is not required to take this decision to the voters. FISCAL IMPACT By consolidating the City's general municipal elections with the statewide general elections, the City anticipates that the cost of holding the election will be reduced by approximately $30,000 or more per election year. Further, by holding the election in 2012 instead of 2011, the election costs will be deferred for one year. To make this change, the City will have to pay a one -time charge of $20,000 to the County registrar, RECOMMENDATION 1. Consider adopting an ordinance moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012. Conduct the first reading of Ordinance No. 10 - "An Ordinance of the City Council of the City of Cupertino moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012. ", or 2. Take no action to move the date of die City's general municipal election. Submitted by: Approved for submission to the City Council: Carof Atwood David Knapp Director of Administrative Services City Manager 0 .1 0%!A Caro orade City Attorney Attachment A: Ordinance No, 10- An Ordinance of the City Council of the City of Cupertino moving the date of the City's general inunicipaI election to consolidate it with the statewide general election commencing November 2012" 25 -2 ATTACHMENT A ORDINANCE NO. 10 -2061 .P R ii F 7 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO MOVING THE DATE OF ITS GENERAL MUNICIPAL ELECTION TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVEN NUMBERED YEARS BEGINNING IN NOVEMBER 2012 WHEREAS, The City's general municipal election (hereinafter "Municipal Election ") is now held in the month of November of odd - numbered years to coincide with the uniform district elections; WHEREAS, The City desires to reschedule its Municipal Election to the first Tuesday after the first Monday in November of even- numbe-red years to coincide with the statewide general elections beginning in November 2012; and WHEREAS, By rescheduling the City's 1\4unicipal Election, the City will not increase or decrease any term of office by more than 12 months. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Pursuant to Sections 1000 and 1301 of the California Elections Code, as of November 2012, the City's general municipal election shall be moved from November of odd - numbered years to the first Tuesday after the first Monday in November of even - numbered years to coincide with the statewide general elections. Section 2. The term of any elected City Officeholder that would have expired in November 2011 shall, instead, expire in the same manner, but after the occurrence of the November 2012 general municipal election establi>hed by this Ordinance. Section 3. Pursuant to Section 10403.5i"e) of the California Elections Code, within 30 days after this Ordinance becomes operative, the City elections official shall cause notice to be mailed to all registered voters informing the voters of the change in the election date made by this Ordinance and that as a result of the change in election date, the terms of office of currently - elected City Officeholders will be extended by not more than 12 months. Section 4. Code Amendment. Section 2.04.005 of the Cupertino Municipal Code is hereby amended to read: "2.04.005 Elections. General municipal elections shall be held on the first Tuesday after the first Monday in November of even - numbered years to coincide with the statewide general elections." Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, 47655.1 25-3 Ordinance No. 10 -2061 Page 2 sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Cupertino hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 6. EE ective Date. This Ordinance shall take effect upon its approval by the Santa Clara County Board of Supervisors as provided by California Elections Code Section 1301(b)(1). Section 7. Certification. City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. The City Manager shall forward a copy of this Ordinance to the Santa Clara County Board of Supervisors with a request that it be approved pursuant to California Elections Code Sections 1301 and 10403.5. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 16th day of March, 2010, and ENACTED at a regular meeting of the City Council of the City of Cupertino this day of , 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 97555.1 APPROVED: Mayor, City of Cupertino 25 -4 EXHIBITS BEGIN HE =RE Cc )o -# < 25 - Linda Lagergren From: patrickskwok @aol.com Sent: Tuesday, May 18, 2010 8:21 AM To: Kimberly Smith Cc: Patrickskwok @aol.com; David Knapp Subject: 5/18 agenda #25 change in election to 2012 I am writing to urge council NOT to adopt an ordinance moving the municipal general election to consolidate it with the statewide general election commencing 2012. My ratioale not to make the change is as follows: (1) We generally have local issues as platform for campaign by our candidates running for city council. Cupertino is a small city with less than 55,000 residents. We would like to have local candidate forums to discuss these issues. It has been very successful in the past when local elections have been held in odd years to focuss on local issues where there have been fewer statewide issues at stake. By moving the municipal selction to statewide election of 2012 will dilute local issues and deprive our residents the opportunity to outreach the candidates on issues of concern; (2) While I recognize that Council has the authority to make the change, I believe the change will move the current councilmembers to a five year term against voters mandate for a four year term as described in the city ordinace; (3) Should the council decide to make the change, I urge you to consider the change effective in the 2014 election to avoid any perceived conflict of interest by the current councilmmbers who were voted in for a four year term instead of a five year term. Since I am out of town on 5/18 I request this corrspeondence will be read at the council meeting when item #25 is considered. Thank you for your attention • _ 7 ly . �. H Sincerely, 11 Up 4. t Patrick Kwok, former Cupertino mayor and city council 10222 Carmen Road, Cupertino, CA 95014 1 ( `>/iF /i( # a. Linda Lagergren From: Julie Lunn [julielunn @comcast.net] Sent: Tuesday, May 18, 2010 2:47 PM To: Barry Chang Subject: oppose election year change Dear Council Member Chang, Please stand strong in your support of the CUSD and oppose any changes in the election cycle that could increase costs, in any way, to CUSD. Budget woes passed down to the school district by the state are one thing. Increased expenses incurred by the school district from actions taken at the local level are unaccpetable given the context of the current budget crisis in our school community. Council Members were voted into 4 year terms and to have the people sitting in office vote for their own extensions seems very self - serving. Thank you for your support of local schools! - Sincerely, Julie Lunn CUSD parent Supporter of Their Future Is Now! st ` )Ot c / Ic x.f a Linda Lagergren From: Ignatius Y. Ding [ignatius @sbcglobal.net] Sent: Tuesday, May 18, 2010 3:08 PM To: Kris Wang; Orrin Mahoney; Mark Santoro; Gilbert Wong; Barry Chang Cc: Carol Atwood; David Knapp; Carol Korade Subject: Petition Letter to State Fair Practices Commission Attachments: Petition -To- California- FPPC_051 310a.pdf Dear Cupertino Council members, Please note that the enclosed petition letter has been sent to the California State FPPC by USPS certified mail. This is a copy for your information. Ignatius Y. Ding 10397 Avenida Lane cc: Cupertino City Manager, City Attorney and Director of Administrative Services r"." 1},4, Fair Political Practices Commission. Enforcement Division 428 J Street. Sacramento. CA 95814 -2329 Phone: (916) 322 -5660. Fax: (916) 322 -1932 Fax May 18. 2010 Dear Gentlepersons. This is to bring to your attention of a potential ethical violation committed by a majority of the city council members of the City of Cupertino. Please note that we would like to proceed wits a formal sworn complaint if you should consider investigating the natter as a prosecutable conflict of interest under the Political Reform Act 1974. On March 16, 2010, the majority of the Cupertino City Council directed the City Manager and City Attorney to prepare an ordinance to move the date of the City's general municipal election and to consolidate it with the statewide general election commencing in November 2011 (Attachment 1, Item 23 or hula cut' " _ wino t,mi us Lom v1mutesVi,Av .c..,.v id _ 1 . &-cli� ! _ �). The ordinance prepared by the staff will be reviewed and voted on by the Council on May 18. 2010 according to the published Council Meeting Agenda : rin ' (�,ttl, �h� Ct.J (1 h�lllli, l7 .�' )tin � t�l ^- �'ri�tcC1 � ��( till' l� "z. '1'.1'.111.'v 11'i\ lit 1 °&C Cnt By moving the general election date out by 12 months, the Cupertino Council members will effectively vote to extend their own term by a full year without the consent of the citizens of the city while three of the live members are supposed to be termed out by the end of their elected term in 2011 or 2013. In other words. they are to vote to benefit themselves. The majority of the council rejected a suggestion from Councilman Barry Chang to shorten their own terms by one year in order to synchronize the city election date with the state's as an alternative. Mayor Kris Wang brushed off the suggestion of notifying voters in the city by mail or holding advance public hearing by saying that "we were elected to represent the residents. and we will decide for them." (Please see video clip: is p tl yrttt o._ratitca >n 1 1, 11 .:r. I iL v IJ I `S..vi 1 t I ). Furthermore, the staff report prepared by the City Manager. the Director of Administrative Services and the City Attorney pointedly stressed that "the Council is NOT REQUIRED to take this decision to the voters" (please l see first paragraph on page 2 of Attachment 2 or .■Th S ` \f�ti�� :�`�l l.�i .l' �,. ii1 l.�ti lit,l ��.1 `i } C�ii �t_j i l tl ,w) despite of the fact that their decision would be clearly a breach of trust and constitutes conflict of interest, To: Fair Political Practices Commission May 18, 2010 Page I of 3 The California Elections Code Section 10403.5 (e) stipulates: - Within '30 days after the ordinance becomes operative. the city elections official shall cause a notice to he mailed to all registered voters informing the voters of the change in the election date. The notice shall also inform the voters that as a result in the change in the election date, the terms of office of the elected city officeholders will be changed." In other words, it is unlawful for the Cupertino Council to avoid promptly informing the city voters of this or any important change in the city election codes. The argument given at the March l 6` Council meeting stating full disclosure to voter before Council voting on the ordinance being too expensive is defective and therefore invalid. The cost cfrequired voter notification must be taken into account in this purported "money saving" proposal. Please note that the list below is only a partial one of co- signers of this letter at this time. The list continues to grow as we circulate the petition throughout the city via Internet so the voters have a chance to register their objection in writing of the proposed ordinance. We urge you to promptly investigate and examine the relevant facts to this matter to uphold the integrity of our political process. Thank you. Respectfully, c x Ignatius Y. Ding William Cole Timothy K. Brand Karen Del Compare Irene He Gang He Ralph Otte (Member of Everything) Dr. G. William Walster. Ph. D. Marvlin M. McCarthy Josephine C. Ding Julie Lin Cathy Helgerson Frank Geefav /ATTACHMENTS/ To: Fair Political Practices Commission May 18. 2010 Page 2 of 3 Cc: Members of Cupertino City Council I)avid Knapp. C'upertino City Manager Carol Korade, Cupertino City Attorney Carol Atwood. Cupertino Di rector of Administrative Services Bay Area Media Organizations To: Fair Political Practices Commission MT; 18, 2010 Page 3 of 3 , � AGENDA crrr OF CUPERTINO CITY COUNCIL Regular Meeting CUPERTINO REDEVELOPMENT AGENCY Regular Meeting 10350 Torre Avenue, Cupertino Community Hall CUPERTINO March 16, 2010, 6:45 pm ROLL CALL CLOSET) SESSION 1. Conference with real property negotiator (Government Code 54956.8): I . Property: 20410 Town center Lane. Suite 210 Cupertino 2. Agency negotiator: Carol Korade 3. Negotiating parties: City of Cupertiro and Cornish & Carey Commercial on behalf of TA Associates Realty 4. Under negotiation: Price and terms of payment PLEDGE OF ALLEGIANCE CEREMONIAh MATTERS - PRESENTATIONS WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS CONSENT CALENDAR 4. Approve the minutes from the February 23 and March 2 City Council meetings. Draft Minutes 5. Adopt resolutions accepting Accounts Payable for February 26 and March 5, Resolution Nos. 10 -045 and 10-046. Draft Resolutions 6. Adopt a resolution accepting Payroll for March 5, Resolution No. 10 -047. Draft Resolution 7. Accept the Treasurer's Investment & Budget Report for January 2010. Staff Report 8. Adopt a resolution rescinding Resolution No. 07 -129 and changing the mandatory waiting period before commissioners can apply for the same commission or committee from one to two years, Resolution No. 10 -048. Draft Resolution 9. Review bids and award the contract for Blackberry Farm Golf Course Maintenance, Project No. 2010 -01 to Professional Turf Maintenance in the amount of $174.420.00 per year. Staff Report 10. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Pyda Srisuresh and Lakshmi Pyda, 10511 Beardon Drive, APN 326 -30 -177, Resolution No. 10 -049. Draft Resolution 1 1. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Bernard P. Murphy and Yvonne M. Murphy, 10123 Berkshire Court, APN 342 -12- 104, Resolution No. 10 -050. Draft Resolution 12. Adopt a resolution accepting a Grant of Easement for Storm Drain Purposes. City of Cupertino. 10981 Franco Court, APN 326 -09 -025, Resolution No. 10 -051. Draft Resolution l3. Adopt a resolution accepting a Grant of Easement for Fire Department water purposes, City of Cupertino, 10981 Franco Court, APN 326 -09 -025, Resolution No. 10 -052. Draft Resolution 14. Adopt a resolution approving an Improvement Agreement, Carob V. Elliot, 10128 Lebanon Drive. APN 342 -14 -023, Resolution No. 10-053. Draft Resolution 15. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Carola V. Elliot. 10128 Lebanon Drive. APN 342 -14 -023. Resolution No. 10 -054. Draft Resolution 16. Adopt a resolution accepting a Quitclaim Deed and Authorization for Underground Water Rights, Daniel R. Cook and Kelly U. Dao. 1 3735 Pinole Court. APN 369 -34 -019, Resolution No. 10 -055. Draft Resolution 17. Accept a City Project performed under Contract: 2009 Slurry Seal Project No. 2009 -06. American Asphalt. (No documentation in packet). 18. Adopt a resolution supporting the City of Cupertino's participation in Google's E iber for Communities request for information. Resolution No. 10 -056. Draft Resolution 19. Endorse Their Future is Now!, a partnership between the parent community, the Cupertino Educational Endowment Foundation (CEEFI' and the Cupertino Union School District. Their Future is Now! will step in where state funding leaves off to keep our schools academically sound and nationally competitive. Staff Report PUBLIC HEARINGS UNFINISHED BUSINESS 20. Review and adopt the 2009 -10 City Council work program. Staff Report NEW BUSINESS 2. Proclamation to Cupertino High School for their Dell Award. (No documentation in packet). 3. Presentation by Polly Bove regarding the State of the District. (No documentation in packet). POSTPONEMENTS 21. Consider a request from the Cupertino Cricket Academy: a. Use of Library Field for a National Women's Cricket Tournament during Spring 2010 b. Conversion of the Cricket pitch at Library Field to a Turf Wicket Pitch Staff Report 22. Authorize the City Manager to negotiate and execute the fourth amendment to the lease for 20410 Town Center Lane, Suite 210, in accordance to the terms of the proposal attached as Exhibit B. Staff Report 23. Authorize the City Manager and City Attorney to prepare an ordinance for City Council's consideration to move the date of the City's general municipal election and consolidate it with the statewide general election commencing in November 2012. Staff Report ORDINANCES 2 4. Conduct the second reading of Ordinance No. 10 -2055: "An Ordinance of the City Council of the City of Cupertino amending the Heart of the City Specific Plan to update the Heart of the City Specific Plan and achieve conformance with the General Plan." (Continued from March Draft Ordinance Exhibit A STAFF REPORTS COUNCIL REPORTS ADJOURNMENT OFFICE OF ADMINISTRATIVE SERVICES CITY HALL C U P E RT I N O 10300 TORRE AVE. CUPE RTI NO, CA 95014 TELEPHONE: (408) 777 -3220 FAX: (408) 777 -3366 SUMMARY Agenda Item No a .- Meeting Date: May 18, 2010 SUBJECT Consider adopting an ordinance moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012. BACKGROUND Many jurisdictions consolidate their municipal general elections with the statewide general elections held on the first Tuesday after the first Monday in November of even numbered years. Each local jurisdiction's costs of holding its elections are considerably lower if elections are consolidated with the statewide general elections than if held on odd numbered years. Further, by consolidating local elections with the statewide general election, there is greater voter turnout in the local elections. Many voters that may not normally participate in local elections held in odd numbered years do participate in the statewide general elections. In the 2008 statewide general election, 86% of Cupertino registered voters participated, as compared to 42% in the November 2009 election, While 2008 was a presidential election year, which typically has a higher voter turnout, there is a readily apparent diflereice between voter turn -out. In addition, the 2006 statewide general election had 63% voter participation, as compared to 39% in the November 2007 election. Furthermore, when elections are consolidated with the statewide general elections, voters do not have to keep track of several different election dates, which also makes the election process more open to the public. The City of Cupertino's general municipal elections are currently held in November of odd numbered years and coincide with Cupertino Union School District (CUSD) elections. Fremont Union High School District elections are already held on even numbered years. Other cities in the County, including Gilroy and Los Altos, have already changed their election dates for cost saving purposes to even- numbered years. If the City Council decided to implement this change and CUSD election dates remained the same, we anticipate their election costs to increase and ours to decrease. In addition, since the next election would be held in November 2012 instead of November 2011, . the City will defer election expenses for a year. 25 - 1 Election Code Section 1303(b)(1) authorizes the City Council to enact an ordinance requiring the general municipal elections to be held on the same day as the statewide general elections, provided the ordinance is approved by the County of Santa Clara Board of Supervisors. Pursuant to Election Code Section 10403.5(b), such an ordinance may not increase any terns of office by more than 12 months. "12 months" means the period between the day upon which a term of office commenced and the first Tuesday after the second Monday in the 12th month after that day, inclusive. Therefore, the moving of the November 2011 general municipal election to November 2012 will not extend by more than 12 months the term of any Councilmember. Please note that the Council is not required to take this decision to the voters. FISCAL IMPACT By consolidating the City's general municipal elections with the statewide general elections, the City anticipates that the cost of holding the election will be reduced by approximately $30,000 or more per election year. Further, by holding the election in 2012 instead of 2011, the election costs will be deferred for one year. To make this change, the City will have to pay a one-time charge of $20,000 to the County registrar, RECOMMENDATION 1, Consider adopting an ordinance moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012. Conduct the first reading of Ordinance No. 10- Q;rct.l: "An Ordinance of the City Council of the City of Cupertino moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012. ", or 2. Take no action to move the date of the City's general municipal election. Submitted by: Approved for submission to the City Council: Caro Atwood _ David Knapp Director of Administrative Services City Manager Caro oracle City Attorney Attachment A: Ordinance No. 10- An Ordinance of the City Council of the City of Cupertino moving the date of the City's general municipal election to consolidate it with the statewide general election commencing November 2012" 25 -2 ATTACHMENT A ORDINANCE NO. 10 -2061 ' P R i' F AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF CUPERTINO MOVING THE DATE OF ITS GENERAL MUNICIPAL ELECTION TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVEN NUMBERED YEARS BEGINNING IN NOVEMBER 2012 WHEREAS, The City's general municipal election (hereinafter "Municipal Election ") is now held in the month of November of odd- numbered years to coincide with the uniform district elections; WHEREAS, The City desires to reschedule its Municipal Election to the first Tuesday after the first Monday in November of even- numbered years to coincide with the statewide general elections beginning in November 2012; and WHEREAS, By rescheduling the City's Municipal Election, the City will not increase or decrease any term of office by more than 12 month;. NOW, THEREFORE, THE CITY COUNCIL OF TI -1E CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Pursuant to Sections 1000 and 1301 of the California Elections Code, as of November 2012, the City's general municipal electian shall be moved from November of odd - numbered years to the first Tuesday after the first Monday in November of even - numbered years to coincide with the statewide general elections. Section 2. The term of any elected City Officeholder that would have expired in November 2011 shall, instead, expire in the same manner, but after the occurrence of the November 2012 general municipal election established by this Ordinance. Section 3. Pursuant to Section 10403.5(e) of the California Elections Code, within 30 days after this Ordinance becomes operative, the City elections official shall cause notice to he mailed to all registered voters informing the voters c f the change in the election date made by this Ordinance and that, as a result of the change in election date, the terms of office of currently - elected City Officeholders will be extended by not more than 12 months. Section 4. Code Amendment. Section 2.04.005 of the Cupertino Municipal Code is hereby amended to read: "2.04.005 Elections. General municipal elections shall be held on the first Tuesday after the first Monday in November of even - numbered years to coincide with the statewide general elections." Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is fbr any reason held to he invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, 25 - 3 97655.1 Ordinance No. 10 -2061 Page 2 sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Cupertino hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 6. Effective Date. This Ordinance shall take effect upon its approval by the Santa Clara County Board of Supervisors as provided by California Elections Code Section 1301(b)(1). Section 7. Certification. City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. The City Manager shall forward a copy of this Ordinance to the Santa Clara County Board of Supervisors with a request that it be approved pursuant to California Elections Code Sections 1301 and 10403.5. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 16th day of March, 2010, and ENACTED at a regular meeting of the City Council of the City of Cupertino this day of , 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 25 - 4 47655.1 C c c//ii/0 Linda Lagergren as From: Julie Lunn [julielunn ©comcast.net] Sent: Tuesday, May 18, 2010 3:18 PM To: Kris Wang Subject: oppose change to election year cycle Dear Mayor Wang, As a CUSD parent and strong supporter of Their Future Is Now I urge you to vote in opposition of changing the election year cycle. Council members were voted into office to serve 4 years. If changing the election cycle seems like a prudent course of action, please allow the voters to decide that and not 5 individuals that stand to experience personal gain from the decision. I am staunchly opposed to any action, taken at the local level, that would increase expenses incurred by CUSD. Please leave the election cycle alone and allow voters to have the most focused attention possible when deciding on issues that are most impactful to our community. Thank you for your time and consideration. -Julie Lunn CUSD parent AY y4F". 1