HomeMy WebLinkAbout12-13-2018 agenda packetSaratoga City Council Agenda – Page 1 of 2
SARATOGA CITY COUNCIL
SPECIAL MEETING
DECEMBER 13, 2018
7:00 PM CITY COUNCIL SPECIAL MEETING
Civic Theater, Saratoga City Hall | 13777 Fruitvale Avenue, Saratoga Ca 95070
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council for up to three (3) minutes
on matters not on this Agenda. The law generally prohibits the Council from discussing or taking
action on such items. However, the Council may instruct Staff accordingly.
AGENDA ITEMS
1. Declaration of Results of November 6, 2018 General Municipal Election
Recommended Action:
Approve resolution declaring the results of the November 6, 2018 General Municipal
Elections.
2. Recognition of Outgoing Council Member
Recommended Action:
Present commendation and hear remarks from outgoing Council Member Emily Lo,
members of the City Council, and the public.
3. Oath of Office for Newly Elected Council Members
Recommended Action:
Direct City Clerk or designees to administer the Oath of Office to newly elected Council
Members.
4. Remarks from Newly Elected Council Members
Recommended Action:
Hear remarks from newly elected Council Members, City Council, and public.
5. Remarks from Outgoing Mayor
Recommended Action:
Hear remarks from outgoing Mayor Mary-Lynne Bernald, members of the City Council,
and public.
Saratoga City Council Agenda – Page 2 of 2
6. Appointment of Mayor & Vice Mayor
Recommended Action:
Appoint Mayor and Vice Mayor:
1. City Clerk declares the offices of Mayor and Vice Mayor to be vacant;
2. Nomination of the Mayor;
3. Administer Oath of Office to New Mayor;
4. Nomination of the Vice Mayor; and
5. Administer Oath of Office to New Vice Mayor.
7. Remarks from New Mayor & Vice Mayor
Recommended Action:
Hear remarks from newly appointed Mayor, newly appointed Vice Mayor, members of the
City Council, and public.
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Debbie Bretschneider, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council was posted and available for review on December 7, 2018 at
the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at
www.saratoga.ca.us.
Signed this 7th day of December 2018 at Saratoga, California.
Debbie Bretschneider, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us.
Any materials distributed by staff after the posting of the agenda are made available for public
review at the office of the City Clerk at the time they are distributed to the City Council. These
materials are also posted on the City website.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at 408.868.1269. Notification 24 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting. [28 CFR 35.102-35.104 ADA title II]
SARATOGA CITY COUNCIL
MEETING DATE:December 13, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Declaration of Results of November 6, 2018 General Municipal Election
RECOMMENDED ACTION:
Approve resolution declaring the results of the November 6, 2018 General Municipal Election.
BACKGROUND:
After each election, election officials must conduct an official canvass of returns. Saratoga
consolidates its elections with Santa Clara County. Consequently, the Santa Clara County
Registrar of Voters is responsible for conducting the official canvass of returns. The canvass of
returns includes:
-Verification of signatures on ballots;
-Processing vote-by-mail ballots not counted in the semifinal official canvass of the vote,
counting votes for write-in candidates;
-Inspection of materials and supplies returned by poll workers;
-Reconciling number of ballots counted, spoiled, canceled, or invalid with number of votes
counted, including vote-by-mail and provisional ballots;
-Reproducing damaged ballots, if necessary;
-Manually counting ballots cast in one percent of precincts, which are chosen at random by
the elections official; and
-Reporting final results of the election.
Per State law, the Santa Clara County Registrar of Voters has 30 days after the election to complete
the canvass of returns. For the November 6, 2018 General Municipal Election, the deadline for the
canvass of returns was December 6, 2018. Following completion of the canvass of returns and no
later than the first regular meeting following the canvass, the City Clerk must present the official
election results and certificate of election results to the City Council. The City Council must then
adopt a resolution declaring the results of the election and install the newly elected members of
the City Council.
ATTACHMENTS:
Attachment A –Resolution Declaring Results of November 6, 2018 General Municipal Election
Attachment B –Certificate of Election Results, Official Results, and Statement of Votes 4
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RESOLUTION NO. 18-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON
NOVEMBER 6, 2018 AND DECLARING THE RESULT AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
Saratoga, California on Tuesday, November 6, 2018, as required by State law; and
WHEREAS, notice of the election was given in time, form, and manner as provided by
law; candidates were nominated as provided by law; voting precincts were property established;
election officials 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 provision of the Elections Code of the State of California; and
WHEREAS, the Santa Clara County Registrar of Voters canvassed the returns of the
election and has certified the results to this City Council, the results are received, attached and
made a part of this resolution as Exhibit A; and
WHEREAS, the City Council now meets to declare the results of the canvass of ballots;
NOW, THEREFORE,BE IT RESOLVED, that the City of Saratoga hereby determines the
results of the election to be as shown on Exhibit A attached to and made part of this resolution
and declares elected to full terms of office the following members of the City Council:
Rishi Kumar (Incumbent)
Mary-Lynne Bernald (Incumbent)
Yan Zhao (Newly Elected)
BE IT FURTHER RESOLVED, that the City Council directs the City Clerk to enter this
resolution and these results of the election as shown on Exhibit A in the official records of the
City of Saratoga; make and deliver to each of the persons elected a Certificate of Election signed
by the City Clerk and authenticated; and administer to each person elected the Oath of Office
prescribed in the Constitution of the State of California; and all of the persons so elected shall be
inducted into the respective office to which they have been elected.
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The above and foregoing resolution was passed and adopted at a special meeting of the Saratoga
City Council held on the 13th day of December 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary-Lynne Bernald, Mayor
ATTEST:
DATE:
Debbie Bretschneider, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE:December 13, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Oath of Office for Newly Elected Council Members
RECOMMENDED ACTION:
Direct City Clerk or designees to administer the Oath of Office to newly elected Council Members.
BACKGROUND:
Newly elected Council Members will be invited on stage to be sworn in by the City Clerk or
designee in the following order:
1.Rishi Kumar
2.Mary-Lynne Bernald
3.Yan Zhao
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SARATOGA CITY COUNCIL
MEETING DATE:December 13, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Appointment of Mayor & Vice Mayor
RECOMMENDED ACTION:
Appoint Mayor and Vice Mayor:
1.City Clerk declares the offices of Mayor and Vice Mayor to be vacant;
2.Nomination of the Mayor;
3.Administer Oath of Office to New Mayor;
4.Nomination of the Vice Mayor; and
5.Administer Oath of Office to New Vice Mayor.
BACKGROUND:
California Government Code section 36801 states that the Mayor and Mayor Pro Tem of general
law cities are to be selected by a majority vote of the City Council. Each December, the Council
conducts a reorganization to select a Mayor and Vice Mayor to serve a one-year term.
To commence the reorganization, the City Clerk will declare the Offices of Mayor and Vice Mayor
vacant. The City Clerk will open nominations for the Office of Mayor, close nominations, then
call for the vote. Following the vote, the oath of office will be administered to the Mayor. The new
Mayor will then open and close nominations for the Office of Vice Mayor and the oath of office
will be administered to the Vice Mayor. After the Mayor and Vice Mayor have taken the oath of
office, the Council will adjourn the Special Meeting for a reception in the Civic Theater Lobby.
In January 2010, the City Council adopted Resolution 10-002 to establish a rotation policy of the
Mayor and Vice Mayor. The policy is Attachment A. Attachment B is the history of the Mayoral
rotation.
ATTACHMENTS:
Attachment A –Resolution 10-002 Mayoral Rotation Policy
Attachment B –History of Mayoral Rotation –1998-2018
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RESOLUTION NO. 10 —002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
IMPLEMENTING A POLICY FOR ROTATION OF
MAYOR AND VICE MAYOR
WHEREAS, California Government Code Section 36801 provides that the Mayor and
Mayor Pro Tem of a general law city is selected by a majority vote of the City Council; and
WHEREAS, said Government Code Section does not require nor provide for any particular
procedure for selecting the Mayor; and
WHEREAS; the Saratoga Municipal Code does not provide a procedure for selecting the
Mayor and the Mayor Pro Tem; and
WHEREAS, on December 16, 2009, the Saratoga City Council was provided with samples
of other California cities' policies regarding mayoral rotation; and
WHEREAS, on December 16, 2009, the Saratoga City Council considered establishing a
Council policy that would provide a method for the selection of Mayor and Vice Mayor for the City of
Saratoga; and
WHEREAS, on December 16, 2009, the Saratoga City Council voted to implement a
mayoral rotation policy that would place the council candidates with the two highest votes in any one
election into a queue to rotate into the position of Mayor and Vice Mayor. In each Saratoga City
Council election, the candidate with the most votes is placed first in the rotation of that group,
the candidate with the second highest votes is placed second; and
WHEREAS, on December 16, 2009, the Saratoga City Council directed staff to bring back a
resolution establishing Council's newly implemented mayoral rotation policy at the next scheduled
regular Council meeting on January 20, 2010.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga adopts
a resolution establishing a mayoral rotation policy whereby the two council candidates with the
highest votes in any one election are placed into a queue to rotate into the position of Mayor and Vice
Mayor. In each Saratoga City Council election, the candidate with the most votes is to be placed
first in the rotation of that group, the candidate with the second highest votes is to be placed
second. The Mayor and Vice Mayor are chosen annually by the City Council from among its
members by the affirmative vote of three or more of the Council Members. In each City Council
election, the person with the most votes shall be placed first in the rotation of that group, the
second highest vote getter will be placed second, and in the years when there is a third seat
contest, the third highest vote getter will be placed third in that rotation. However, the Council
member who received the third most votes in an election year filling three seats will not be in the
queue for either Vice Mayor or Mayor but would be in rotation should the Council member
traditionally rotating into the Vice Mayor or Mayor position be unavailable to serve in that role.
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In case of appointment to the City Council to fill a vacancy, that person will not be placed in
rotation for the position of Mayor or Vice Mayor. Each new election will determine the rotation
only for the group in that election.
Should any City Council member not be available to take their regular place in the established
rotation, the next person in the rotation will be elevated to the Vice Mayor's position and the
rotation will continue as previously set.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at
a regular meeting of the Saratoga City Council held on the 20 day of January 2010 by the
following vote:
AYES: Councilmember Chuck Page, Howard Miller, Mayor Kathleen King
NOES: Councilmember Jill Hunter
ABSTAIN: None
ABSENT: Councilmember Susie Nagpal
ATTEST:
Ann Sullivan, City Clerk
I !/ ..t.
Kathleen M. King, May/
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MAYORAL ROTATION – 1998 to 2017/18
Year Mayor and Vice Mayor By Rotation Method Mayor and Vice Mayor By Election
1998-99
Election Year
ELECTION RESULTS
1.Mehaffey
2.Streit
3.Baker
Shaw (Mayor)*Shaw (Mayor) *
Bogosian (Vice Mayor)Bogosian (Vice Mayor)
1999-2000
Non Election Year
Bogosian (Mayor) *Bogosian (Mayor) *
Mehaffey (Vice Mayor)Mehaffey (Vice Mayor)
2000-01
Election Year
ELECTION RESULTS
1.Bogosian
2.Waltonsmith
Mehaffey (Mayor)Mehaffey (Mayor)
Streit (Vice Mayor)Streit (Vice Mayor)
2001-02
Non Election Year
Streit (Mayor) *Streit (Mayor) *
Baker (Vice Mayor)*Baker (Vice Mayor)*
2002-03
Election Year
ELECTION RESULTS
1.Streit
2.King
3.Kline
Bogosian (Mayor)Streit (Mayor)
Waltonsmith (Vice Mayor)Waltonsmith (Vice Mayor)
2003-04
Non Election Year
Waltonsmith (Mayor)Waltonsmith (Mayor)
Streit (Vice Mayor)King (Vice Mayor)
2004-05
Election Year
ELECTION RESULTS
1.Kao
2.Waltonsmith
Streit (Mayor)King (Mayor)
King (Vice Mayor)Kline (Vice Mayor)
2005-06
Non Election Year
King (Mayor)*Kline (Mayor)*
Kline (Vice Mayor)*Kao (Vice Mayor)
2006-07
Election Year
ELECTION RESULTS
1.Page
2.King
3.Hunter
Kao (Mayor)Kao (Mayor)
Waltonsmith (Vice Mayor)Waltonsmith (Vice Mayor)
2007-08
Non Election Year
Waltonsmith (Mayor)*Waltonsmith (Mayor)*
Page (Vice Mayor)Page (Vice Mayor)
2008-09
Election Year
ELECTION RESULTS
1.Miller
2.Nagpal
Page (Mayor)Page (Mayor)
King (Vice Mayor)King (Vice Mayor)
2009-10
Non Election Year
King (Mayor)*King (Mayor)*
Hunter (Vice Mayor)*Hunter (Vice Mayor)*
2010-2011
Election Year
ELECTION RESULTS
1.Page
2.Hunter
3.Lo
Miller (Mayor)Miller (Mayor)
Page (Vice Mayor)Page (Vice Mayor)
2011-12
Non Election Year
Page (Mayor)Page (Mayor)
Hunter (Vice Mayor)Hunter (Vice Mayor)
2012-13
Election Year
ELECTION RESULTS Hunter (Mayor)Hunter (Mayor)
1.Miller Lo (Vice Mayor)Lo (Vice Mayor)
2.Cappello
2013-14
Non-Election Year
Lo (Mayor)*Lo (Mayor)*
Miller (Vice Mayor)Miller (Vice Mayor)
2014-15
Election Year
ELECTION RESULTS
1.Lo
2.Bernald
3.Kumar
Miller (Mayor)Miller (Mayor)
Cappello (Vice Mayor)Cappello (Vice Mayor)
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2015-16
Non-Election Year
Cappello (Mayor)*Cappello (Mayor)*
Lo (Vice Mayor)Lo (Vice Mayor)
2016-17
Election Year
ELECTION RESULTS
1.Cappello
2.Miller
Lo (Mayor)Lo (Mayor)
Bernald (Vice Mayor)Bernald (Vice Mayor)
2017-18
Non-Election Year
Bernald (Mayor)*Bernald (Mayor)*
Cappello (Vice Mayor)Cappello (Vice Mayor)
* Indicates end of term on Council
Rotation Notes:
Terms for Mayor and Vice Mayor are one year in length from December to December.
1999: Mayor Shaw died in office, August 2, 1999. Bogosian was designated Mayor Pro Tempore with the Mayor’s position
vacant until the next Council Reorganization.
2002-03: Streit elected as Mayor by Council majority out of rotation.
2003-04: Streit relinquishes place in rotation. Each subsequent Council position moves up in rotation.
2006-07: “Normal” rotation re-established.
2009-10: Nagpal passed away while in office May 2010. Cappello appointed to fill the remainder of her term.
2010-11: Cappello ineligible to serve as Vice Mayor, because of appointment to Council, thereby moving Page, Hunter, and
Lo up in the rotation and making Lo eligible to serve as Mayor in 2013-14.
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