REPORT TO COUNCIL
SUBJECT
Title
Adoption of Resolutions (1) Declaring City Council At-Large Seat No. 3 Vacant; and (2) Establishing the Process and Schedule for Making an Appointment to At-Large City Council Seat No. 3
Report
BACKGROUND
Resignation
Mason Fong, who was elected to at-large Council Seat No. 3 of the City Council on November 6, 2018 and served a term to expire January 3, 2023, has submitted a letter of resignation from the Council, effective November 14, 2021 (Attachment 3).
The City will complete its transition to district-based Council elections after the November 8, 2022 Election, when at-large Seat Nos. 1, 2 and 3 will cease to exist after candidates are sworn in to represent Council Districts 1, 3 and 5.
Charter Section 606
Sunnyvale Charter Section 606 (Attachment 4) requires the City Council to declare a Council seat vacant within 30 days of the effective date of the resignation (Charter section 606(b)). Within 60 days of declaring the vacancy, the City Council must fill the vacancy by appointing someone to the vacant seat, or by calling a special election to fill the seat (Charter section 606(c)).
Sunnyvale Municipal Code Chapter 2.30
Sunnyvale Municipal Code Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council) (Attachment 5) was adopted pursuant to the requirements of Charter Section 606, and specifies that if the Council chooses to fill this vacancy by appointment, it will be required to follow the provisions of Chapter 2.30, including section 2.30.030, which specifies an application period, public notice of a set application period, public interviews, public hearing on interviews, and voting on appointment.
November 22, 2021 City Council Direction
On November 22, 2021, the City Council directed staff to return with this report on the December 14, 2021 City Council meeting agenda to declare City Council At-Large Seat No. 3 vacant. In addition, the City Council directed staff to return with an appointment tim...
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