RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE DECLARING CANVASS OF RETURNS AND RESULTS OF THE CONSOLIDATED GENERAL AND SPECIAL MUNICIPAL ELECTIONS HELD ON NOVEMBER 8, 2005

WHEREAS, the City Council of the City of Sunnyvale duly called and ordered held in the City on Tuesday, November 8, 2005, a General Municipal Election pursuant to Section 1400 of the Charter to fill City Council Seats No. 1, 2, and 3; and

WHEREAS, the City Council of the City of Sunnyvale also duly called and ordered held in the City on Tuesday, November 8, 2005, a Special Municipal Election, consolidated with the General Election, and submitted to the voters Measures D and E, proposing amendments to the Sunnyvale Municipal Code to increase the business license tax and transient occupancy tax, and Measures F, G and H, proposing amendments to the City’s Charter concerning standardization of term limits for boards and commissions, eliminating an outdated requirement for city manager residency, and clarifying language related to heritage resources; and

          WHEREAS, pursuant to the applicable provisions of the Elections Code of the State of California, the Registrar of Voters of the County of Santa Clara has duly canvassed the votes cast by the electors in the City of Sunnyvale upon the offices hereinafter set forth, and has supplied to the City Council the official final results of the votes cast, which results are attached as Exhibit "A" and incorporated by reference;

          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:

          1.       The statement of the official final results by the Registrar of Voters as shown in Exhibit "A" and the results of the votes cast at the Consolidated General and Special Municipal Elections are hereby ratified, confirmed and approved.

          2.       The total numbers of votes cast in the City of Sunnyvale at the Consolidated General and Special Election, and the number of votes cast in each precinct for the persons and respective offices to be filled at the General Municipal, and the number of votes cast in each precinct for and against the ballot measures submitted at the Special Municipal election, are as set forth in Exhibit "A."  All absent voters' ballots have been duly received and canvassed in time, form and manner as required by law, and the results of the absentee vote are set forth in Exhibit "A."

          3.       The names of the persons voted for the offices of Councilmember and the total number of votes (including absentee votes) given in the City to each of the persons were as follows:

Seat                Candidates for Councilmember    Total Vote

No. 1            Anthony “Tony” Spitaleri               13,767

                                      Tim Risch                                    10,321

                   No. 2            Christopher R. Moylan                   12,877

                                      Darab Ghaffary                            5,728

                                      Pete Richards                              5,382

                   No. 3            John N. Howe                              13,008

                                      Nancy Smith                               10,920

          4.       At the Special Election the following measures were submitted to the voters and the number of votes cast for and against the measures were as follows:

5. At the Special Election, the following amendments to the Charter of the City of Sunnyvale were submitted to the voters, and the number of votes cast for and against were as follows:

          6.       The following named persons received the largest number of votes for the offices of Councilmember and were, therefore, duly elected to the office, and the City Clerk is hereby directed to issue a Certificate of Election to the persons, certifying each one's election to the office appearing after his or her name, and to administer to the persons the oath of office prescribed by the Constitution and the laws of the State of California and the Charter of the City of Sunnyvale:

Seat                Councilmember                               

No. 1            Anthony “Tony” Spitaleri              

                   No. 2            Christopher R. Moylan                  

                   No. 3            John N. Howe

          7.       Measures D and E received a majority of the votes cast and are deemed adopted by the electors of the City of Sunnyvale.  The City Attorney is directed to prepare amendments to the Sunnyvale Municipal Code to authorized increases to the business license tax and transient occupancy tax.

          8.       Measures F and H are received a majority of votes cast and are deemed adopted by the electors of the City of Sunnyvale.  The City Attorney is directed to prepare amendments to the City Charter in accordance therewith.  Measure G did not receive a majority of votes cast and is deemed rejected by the electors of the City of Sunnyvale.

9.       The City Clerk of the City of Sunnyvale hereby is instructed to enter this resolution on the minutes of the City Council as a statement of the results of the 2005 General and Special Municipal Election.

          Adopted by the City Council at a regular meeting held on ___________, 2005, by the following vote:

(SEAL)

APPROVED AS TO FORM AND LEGALITY:

_____________________________________

David E. Kahn, City Attorney