HomeMy WebLinkAbout12-03-20 Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location.
Thursday, December 3, 2020
6:45 PM
Televised Special Meeting (Election Results and Swearing-in Ceremony)
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 6:00 p.m. on Thursday, December 3 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s
discretion to shorten time for public comments). Members of the public that wish to share a
document must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference
meeting as follows:
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City Council Agenda December 3, 2020
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during the public comment period for each agenda item.
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_eQ7bPdzaTlO-1xyVYH0YHg
Phone
Dial: (888) 788 0099 and enter Webinar ID: 968 6413 6700 (Type *9 to raise hand to speak).
Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
Meeting ID: 968 6413 6700
SIP: 96864136700@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
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City Council Agenda December 3, 2020
attend this teleconference 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, at least 6 hours in advance of the Council meeting to arrange for assistance. In
addition, 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.
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 03, 2020, commencing at 6:45 p.m. In accordance with
Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting
without a physical location. Said special meeting shall be for the purpose of conducting
business on the subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL
I. ELECTION RESULTS
A.Subject: Resolution stating results of the General Municipal Election held on November
3, 2020 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 3 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 posted on the City's website and available to the
public at the meeting on December 3.
Recommended Action: Adopt Resolution No. 20-139 stating the election results of the
General Municipal Election held on November 3, 2020 and declaring the candidates
who received the most votes and were elected for the position of City Councilmember.
Staff Report
A - Draft Resolution
II. RECOGNITION OF OUTGOING COUNCILMEMBERS
A.Subject: Recognition of outgoing Councilmember Rod Sinks
Recommended Action: Recognize outgoing Councilmember Rod Sinks
B.Subject: Recognition of outgoing Councilmember Steven Scharf
Recommended Action: Recognize outgoing Councilmember Steven Scharf
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City Council Agenda December 3, 2020
III. OATH OF OFFICE OF NEW COUNCILMEMBERS
A.Subject: Oath of Office for newly-elected Councilmember Kitty Moore
Recommended Action: Conduct Oath of Office for newly-elected Councilmember Kitty
Moore
B.Subject: Oath of Office for newly-elected Councilmember Hung Wei
Recommended Action: Conduct Oath of Office for newly-elected Councilmember
Hung Wei
IV. ELECTION AND OATH OF OFFICE OF MAYOR AND VICE MAYOR
A.Subject: Councilmembers elect Mayor
Recommended Action: Make nominations and elect Mayor
B.Subject: Councilmembers elect Vice Mayor
Recommended Action: Make nominations and elect Vice Mayor
C.Subject: Oath of Office for Mayor
Recommended Action: Conduct Oath of Office for Mayor
D.Subject: Oath of Office for Vice Mayor
Recommended Action: Conduct Oath of Office for Vice Mayor
E.Subject: Comments by the Public
Recommended Action: Receive Comments by the Public
F.Subject: Comments by Councilmembers
Recommended Action: Receive Comments by Councilmembers
G.Subject: Comments by Vice Mayor
Recommended Action: Receive Comments by Vice Mayor
H.Subject: Comments by Mayor
Recommended Action: Receive Comments by Mayor
ADJOURNMENT
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.
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City Council Agenda December 3, 2020
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
teleconference 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 6 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, 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.
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CITY OF CUPERTINO
Agenda Item
20-8267 Agenda Date: 12/3/2020
Agenda #: A.
Subject: Resolution stating results of the General Municipal Election held on November 3,
2020 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 3 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
posted on the City's website and available to the public at the meeting on December 3.
Adopt Resolution No. 20-139 stating the election results of the General Municipal Election
held on November 3, 2020 and declaring the candidates who received the most votes and were
elected for the position of City Councilmember.
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CITY COUNCIL STAFF REPORT
Meeting: December 3, 2020
Subject
Statement of results of the General Municipal Election held on November 3, 2020 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
certify the final election results on December 3 which will be 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 and available to the public at the meeting on December 3.
Recommended Action
Adopt the Draft Resolution stating the election results for the General Municipal Election
held on November 3, 2020 and declaring the candidates who received the most votes and
were elected for the position of City Councilmember.
Discussion
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 3, 2020, to
elect two 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 1, the Registrar’s office was 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 1. The Registrar
estimates the timing to complete counting and provide the Certificate of Election Results
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will be completed shortly before the commencement of the Cupertino City Council
meeting on December 3.
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 Hung Wei and Kitty Moore.
Fiscal Impact
None
Sustainability Impact
None
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Dianne Thompson, Assistant City Manager
Attachments:
A - Draft Resolution
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Attachments: A - Draft Resolution
The Registrar of Voters of the County of Santa Clara will certify the final election results on December
3 which will be 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 and available to the public at the meeting on December 3.
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CITY OF CUPERTINO
Agenda Item
20-8268 Agenda Date: 12/3/2020
Agenda #: A.
Subject: Recognition of outgoing Councilmember Rod Sinks
Recognize outgoing Councilmember Rod Sinks
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Agenda Item
20-8506 Agenda Date: 12/3/2020
Agenda #: B.
Subject: Recognition of outgoing Councilmember Steven Scharf
Recognize outgoing Councilmember Steven Scharf
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Agenda Item
20-8507 Agenda Date: 12/3/2020
Agenda #: A.
Subject: Oath of Office for newly-elected Councilmember Kitty Moore
Conduct Oath of Office for newly-elected Councilmember Kitty Moore
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Agenda Item
20-8269 Agenda Date: 12/3/2020
Agenda #: B.
Subject: Oath of Office for newly-elected Councilmember Hung Wei
Conduct Oath of Office for newly-elected Councilmember Hung Wei
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Agenda Item
20-8270 Agenda Date: 12/3/2020
Agenda #: A.
Subject: Councilmembers elect Mayor
Make nominations and elect Mayor
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Agenda Item
20-8273 Agenda Date: 12/3/2020
Agenda #: B.
Subject: Councilmembers elect Vice Mayor
Make nominations and elect Vice Mayor
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Agenda Item
20-8274 Agenda Date: 12/3/2020
Agenda #: C.
Subject:Oath of Office for Mayor
Conduct Oath of Office for Mayor
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Agenda Item
20-8275 Agenda Date: 12/3/2020
Agenda #: D.
Subject:Oath of Office for Vice Mayor
Conduct Oath of Office for Vice Mayor
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Agenda Item
20-8276 Agenda Date: 12/3/2020
Agenda #: E.
Subject:Comments by the Public
Receive Comments by the Public
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Agenda Item
20-8277 Agenda Date: 12/3/2020
Agenda #: F.
Subject:Comments by Councilmembers
Receive Comments by Councilmembers
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Agenda Item
20-8278 Agenda Date: 12/3/2020
Agenda #: G.
Subject:Comments by Vice Mayor
Receive Comments by Vice Mayor
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Agenda Item
20-8508 Agenda Date: 12/3/2020
Agenda #: H.
Subject:Comments by Mayor
Receive Comments by Mayor
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