12-09-22 Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber
Friday, December 9, 2022
6:00 PM
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 Friday, December 09, 2022, commencing at 6:00 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
I.ELECTION RESULTS
A.Subject: Statement of results of the General Municipal Election held on November 8,
2022 and declaration of candidates who received the most votes and were elected for
the position of City Councilmember.
Recommended Action: Adopt Resolution 22-150 stating the election results for the
General Municipal Election held on November 8, 2022 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 certify the final election
results on December 8 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 9
Staff Report
A - Draft Resolution
II.RECOGNITION OF OUTGOING COUNCILMEMBERS
Page 1
1
City Council Agenda December 9, 2022
A.Videos of Outgoing Councilmembers Jon Robert Willey and Darcy Paul
B.Public Comment for Item II.
C.Recognition of Outgoing Councilmember Jon Robert Willey
D.Recognition of Outgoing Councilmember Darcy Paul
RECESS - 10 MIN
III.OATH OF OFFICE OF RECENTLY ELECTED COUNCILMEMBERS
A.Public Comment for Item III.
B.Oath of Office of Recently Elected Councilmembers
IV.ELECTION AND OATH OF MAYOR AND VICE MAYOR
A.Public Comment for Item IV.
B.Subject: Councilmembers elect Mayor
Recommended Action: Make nominations and elect Mayor
C.Oath of Office for Mayor
D.Subject: Councilmembers elect Vice Mayor
Recommended Action: Make nominations and elect Vice Mayor
E.Oath of Office for Vice Mayor
ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence
legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance
(Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose
communications regarding any legislative or administrative are solely limited to appearing at or
submitting testimony for any public meeting held by the City are not required to register as lobbyists.
For more information about the lobbying ordinance, please contact the City Clerk ’s Office at 10300
Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; email cityclerk@cupertino.org; and
website: www.cupertino.org/lobbyist.
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.
Page 2
2
City Council Agenda December 9, 2022
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
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 48 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, Cupertino, California 95014, 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 section
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. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Page 3
3
CITY OF CUPERTINO
Agenda Item
22-11525 Agenda Date: 12/9/2022
Agenda #: A.
Subject:Statement of results of the General Municipal Election held on November 8,2022 and declaration
of candidates who received the most votes and were elected for the position of City Councilmember .
Adopt Resolution 22-150 stating the election results for the General Municipal Election held on November 8,
2022 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 certify the final election results on December 8
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 9
CITY OF CUPERTINO Printed on 12/7/2022Page 1 of 1
powered by Legistar™4
1
CITY COUNCIL STAFF REPORT
Meeting: December 9, 2022
Subject
Statement of results of the General Municipal Election held on November 8, 2022 and
declaration of candidates who received the most votes and were elected for the position
of City Councilmember.
Recommended Action
Adopt the Draft Resolution stating the election results for the General Municipal Election
held on November 8, 2022 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 certify the final election
results on December 8 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 9.
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 8, 2022 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 5, 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.
5
2
The Registrar estimates the timing to complete counting and provide the Certificate of
Election Results will be completed shortly before the commencement of the Cupertino City
Council meeting on December 8.
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 Sheila Mohan, Liangfang ‘Liang’ Chao, and J.R. Fruen.
Fiscal Impact
None
Sustainability Impact
None
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A - Draft Resolution (final Draft Resolution forthcoming on December 9)
6
RESOLUTION NO. 22-150
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
STATING THE ELECTION RESULTS FOR THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 8, 2022 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 Tuesday, November 8, 2022 as required by law, to elect three members to the
City Council; and
WHEREAS, notice of election was given in time, form and manner as
provided by law; that voting precincts were properly established; that election
officers were appointed and that in all respects the election was held and conducted
and the votes were cast, received and canvassed and the returns made and declared
in time, form and manner as required by the provisions of the Elections Code of the
State of California for the holding of elections in general law cities; 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;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO
HEREBY DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. That the total number of votes cast in the City was xxx,xxx.
7
Resolution No. 22-150
Page 2
2. That the total number of votes given and cast at the municipal election,
including votes cast upon absentee ballots, was as follows for the candidates for
City Council for full terms:
CANDIDATE NUMBER OF
VOTES
% OF VOTES CAST
SHEILA MOHAN X,XXX XX.XX%
LIANGFANG 'LIANG' CHAO X,XXX XX.XX%
J.R. FRUEN X,XXX XX.XX%
STEVEN SCHARF X,XXX XX.XX%
CLAUDIO BONO X,XXX XX.XX%
GOVIND TATACHARI X,XXX XX.XX%
YUKO SHIMA X,XXX XX.XX%
MOON KYU CHOE X,XXX XX.XX%
3. That the number of votes given at each precinct and the number of votes
given in the City to each of the persons above named for the office for which the
persons were candidates are listed in Exhibit A attached.
4. The City Council of the City of Cupertino does declare and determine that
____________, ____________, and ____________were each elected as members of the
City Council for the full term of four years.
5. The City Clerk shall enter on the records of the City Council of the City of
Cupertino a statement of the result of the election, showing: (1) the whole number
of votes cast in the City; (2) the names of the persons voted for; (3) for what office
each person was voted for; (4) the number of votes given at each precinct to each
person (See Exhibit A); and (5) the total number of votes given to each person.
6. The City Clerk shall immediately make and deliver to each of the persons
so elected a Certificate of Election signed by the City Clerk and authenticated; that
the City Clerk shall also administer to each person elected the Oath of Office
prescribed in the Constitution of the State of California and shall have them
subscribe and file it in the office of the City Clerk. Each and all of the persons so
elected shall then be inducted into the respective office to which they have been
elected.
8
Resolution No. 22-150
Page 3
7. The City Clerk shall certify passage and adoption of this resolution and
enter it into the book of original resolutions.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 9th day of December 2022, by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
_______________ ________________
Mayor, City of Cupertino
________________________
Date
ATTEST:
____________________ ___________
Kirsten Squarcia, City Clerk
________________________
Date
9
Resolution No. 22-150
Page 4
Reserved for Exhibit A
10
CITY OF CUPERTINO
Agenda Item
22-11531 Agenda Date: 12/9/2022
Agenda #: B.
Subject: Councilmembers elect Mayor
Make nominations and elect Mayor
CITY OF CUPERTINO Printed on 12/7/2022Page 1 of 1
powered by Legistar™11
CITY OF CUPERTINO
Agenda Item
22-11532 Agenda Date: 12/9/2022
Agenda #: D.
Subject: Councilmembers elect Vice Mayor
Make nominations and elect Vice Mayor
CITY OF CUPERTINO Printed on 12/7/2022Page 1 of 1
powered by Legistar™12