Legislative Public Meetings

File #: 22-0859   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 8/22/2022
Title: Adopt a Resolution Appointing Linda Sell to the City Council to Represent Council District 1 for a Full-Term of Four Years Beginning in 2023 in Lieu of an Election; and Cancelling the November 8, 2022, General Municipal Election for City Councilmember Council District 1, Pursuant to California Elections Code Section 10229
Attachments: 1. Resolution, 2. California Elections Code Section 10229, 3. City Clerk Certification that there are not more candidates than elected offices, 4. Council Policy 7.3.11 Seating Arrangements/City Council
REPORT TO COUNCIL

SUBJECT
Title
Adopt a Resolution Appointing Linda Sell to the City Council to Represent Council District 1 for a Full-Term of Four Years Beginning in 2023 in Lieu of an Election; and Cancelling the November 8, 2022, General Municipal Election for City Councilmember Council District 1, Pursuant to California Elections Code Section 10229

Report
BACKGROUND
On June 7, 2022, the City Council adopted Resolution No. 1120-22, calling and giving notice of the holding of a general municipal election for the purpose of electing one person each from Council Districts 1, 3, and 5 to the City Council for full four-year terms.

As of the close of the nomination period on Friday, August 12, 2022, only one person, Linda Sell, filed nomination papers to run for the office of City Councilmember representing Council District 1.

California Elections Code (EC) Section 10229 allows the City Council to take one of the following courses of action when only one person has filed nomination papers for an office: (1) Appoint to the office the person who has been nominated, or (2) hold the election if either no one or only one person has been nominated. The City Clerk certification of facts required by EC Section10229 is included as Attachment 3 to this report.

EXISTING POLICY
California Elections Code Section 10229 (Attachment 2)
Sunnyvale Charter Section 1400 (General Municipal Elections)
Sunnyvale Municipal Code Section 2.28.030 (In Lieu Petitions for Cost of Candidate's Statement)
Council Policy 7.3.11 (Seating Arrangements/City Council) (Attachment 4)

ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" with the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

DISCUSSION
This report provides the City Council an opportunity to consider ap...

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