Legislative Public Meetings

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File #: 22-0810   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 9/13/2022
Title: Introduce an Ordinance Amending Sunnyvale Municipal Code Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council)
Attachments: 1. Ordinance, 2. Council Policy 7.3.15 (Appointment of Interim Councilmembers)-Draft Updates-Redlines, 3. Council Policy 7.3.15 (Appointment of Interim Councilmembers)-Draft Updates-Clean
Related files: 22-0010, 22-0029
REPORT TO COUNCIL

SUBJECT
Title
Introduce an Ordinance Amending Sunnyvale Municipal Code Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council)

Report
BACKGROUND
On November 6, 2018, City of Sunnyvale voters approved an amendment to Sunnyvale Charter Section 606 that addresses vacancies in City Council seats and allows the City Council to fill certain vacancies by appointment until the next general election or special municipal election consolidated with a statewide election. Section 606(e) requires the City Council to adopt an ordinance establishing a public process for appointment. On April 23, 2019, the City Council adopted Ordinance No. 3144-19, adding Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council) to the Sunnyvale Municipal Code (SMC). SMC Section 2.30.030(f) mirrors existing City policy for appointment of interim Council Members and provides for individual candidate votes when Council considers four or fewer candidates for appointment and a ranked choice voting process when Council considers five or more candidates for appointment.

In November 2021, Mason Fong resigned from City Council At-Large Seat No. 3. The City Council followed the provisions of Sunnyvale Charter Section 606 (Vacancies) and SMC Chapter 2.30 (Appointment Process to Fill Vacancies on the City Council) to choose an appointment process, conduct a recruitment, hold public interviews of eligible candidates, and appointed Tony Spitaleri to fill the vacancy. At various times throughout this process, several Councilmembers expressed that they wished there were alternatives to the ranked choice voting provisions required by SMC Section 2.30.030(f).

During the February 8, 2022, Council meeting, the Mayor stated he would work with the City Manager to schedule an agenda item for a future Council meeting to discuss amending the appointment process.

On April 26, 2022, the City Council reviewed draft updates to Sunnyvale Municipal Code Chapter 2.30 (A...

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