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City Council

Regular Meeting

Sunnyvale, CA · November 22, 2021

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Monday, November 22, 2021 5:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Public Hearing/General Business - 5 PM 5 P.M. SPECIAL COUNCIL MEETING CALL TO ORDER Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on November 16, 2021. Mayor Klein called the meeting to order at 5:01 p.m. via teleconference. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Alysa Cisneros Councilmember Omar Din Mayor Klein, Vice Mayor Hendricks and all Councilmembers attended via teleconference. PUBLIC HEARINGS/GENERAL BUSINESS 21-0937 Discussion Regarding Next Steps Related to Councilmember Mason Fong’s Resignation and Direction Regarding the Date to Declare the Vacancy in City Council Seat No. 3 City Clerk David Carnahan provided the staff report and presentation. Public Hearing opened at 5:34 p.m. Mike Serrone communicated opposition to options requiring an election to fill the City of Sunnyvale Page 1 City Council Meeting Minutes November 22, 2021 vacancy and support for the rank choice voting system. Stephen Meier shared support for the option to fill the vacancy by appointment and rank choice voting. He voiced concerns regarding adding requirements or criteria to be used during the selection process. Scott Duncan urged Council to approve Option 3 (fill vacancy by appointment) and to not appoint a candidate residing in a council district being voted on during the November 8, 2022 Election (Districts 1, 3 or 5). Steve Scandalis communicated support for avoiding options that include an election, appointing a candidate that may benefit as an incumbent or a candidate who serves as a political operative. Richard Mehlinger shared support for excluding candidates that reside in council districts being voted on during the November 8, 2022 Election. Valérie Suarès voiced opposition to options requiring an election and urged Council to approve the appointment process to fill the vacancy. Public Hearing closed at 5:47 p.m. MOTION: Vice Mayor Hendricks moved and Councilmember Melton seconded the motion to approve Alternative 1: Direct staff to return on December 14 to declare the At-Large Seat 3 vacant. The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 MOTION: Councilmember Larsson moved and Vice Mayor Hendricks second the motion to direct staff to establish an appointment timeline that leads to an appointment on February 3 or later. City of Sunnyvale Page 2 City Council Meeting Minutes November 22, 2021 The motion carried with the following vote: Yes: 6 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Melton Councilmember Cisneros Councilmember Din No: 0 MOTION: Councilmember Melton moved and Mayor Klein seconded the motion to direct staff to return to Council as soon as possible with one of the following two amendments to Sunnyvale Municipal Code 2.30.030: - Increase the candidate cut off in 2.30.030(f)(2) to a number larger than five at Council’s direction; or - Eliminate 2.30.030(f)(2) in its entirety with revisions to 2.30.030(f)(1) and/or 2.30.030(f)(3) to accomplish the elimination of (f)(2). The motion failed with the following vote: Yes: 1 - Councilmember Melton No: 5 - Mayor Klein Vice Mayor Hendricks Councilmember Larsson Councilmember Cisneros Councilmember Din ADJOURN SPECIAL MEETING Mayor Klein adjourned the meeting at 6:58 p.m. City of Sunnyvale Page 3

Agenda

City of Sunnyvale Notice and Agenda City Council Monday, November 22, 2021 5:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Public Hearing/General Business - 5 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Special Teleconference Notice Because of the COVID-19 emergency and the “shelter in place” orders issued by Santa Clara County and the State of California, this meeting of the Sunnyvale City Council will take place by teleconference, as allowed by Government Code Subdivision 54953(e) and Resolution No. 1089-21 (reaffirmed November 16, 2021). Public Participation • Watch the City Council meeting on television over Comcast Channel 15, AT&T Channel 99, at http://youtube.com/SunnyvaleMeetings or https://sunnyvaleca.legistar.com/calendar.aspx • Submit written comments to the City Council up to 4 hours prior to the meeting to council@sunnyvale.ca.gov or by mail to City Clerk, 603 All America Way, Sunnyvale, CA 94086. • Teleconference participation: You may provide audio public comment by connecting to the teleconference meeting online or by telephone. Use the Raise Hand feature to request to speak (*9 on a telephone): Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540 Accessibility/Americans with Disabilities Act (ADA) Notice Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance to provide public comment, or for other special assistance; please contact the City at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting. The Office of the City of Sunnyvale Page 1 Printed on 11/17/2021 City Council Notice and Agenda November 22, 2021 City Clerk may be reached at 408-730-7483 or cityclerk@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)). 5 P.M. SPECIAL COUNCIL MEETING CALL TO ORDER Call to Order via teleconference. ROLL CALL PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to notice at the beginning of this agenda. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 21-0937 Discussion Regarding Next Steps Related to Councilmember Mason Fong’s Resignation and Direction Regarding the Date to Declare the Vacancy in City Council Seat No. 3 Recommendation: Staff makes no recommendation. This report is developed to facilitate a conversation by the City Council regarding when to declare Councilmember Mason Fong's Council Seat vacant and provide direction on next steps to fill the vacancy. ADJOURN SPECIAL MEETING NOTICE TO THE PUBLIC The agenda reports to council (RTCs) may be viewed on the City’s website at sunnyvale.ca.gov after 7 p.m. on Thursdays or in the Office of the City Clerk located at 603 All America Way, prior to Tuesday City Council meetings. Any agenda related writings or documents distributed to members of the City of Sunnyvale City Council regarding any open session item on this agenda will be made available for public inspection in the Office of the City Clerk located at 603 All America Way, during normal business hours and in the Council Chamber on the evening of the Council Meeting, pursuant to Government Code §54957.5. Please contact the Office of the City Clerk at 408-730-7483 to access City Hall to view these materials and for specific questions regarding the agenda. PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on City of Sunnyvale Page 2 Printed on 11/17/2021 City Council Notice and Agenda November 22, 2021 any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing to the Office of the City Clerk at or before the public hearing. PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure 1094.5. Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making Public Comments During City Council or Planning Commission Meetings" available at http://Sunnyvale.ca.gov/PublicComments Planning to provide materials to Council? If you wish to provide the City Council with copies of your presentation materials, please provide 12 copies of the materials to the Office of the City Clerk. The City Clerk will distribute your items to the Council. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 3 Printed on 11/17/2021

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