REPORT TO COUNCIL
SUBJECT
Title
Appoint Applicants to the Charter Review Committee
Report
BACKGROUND
On June 4, 2024, the City Council created an 11-member Charter Review Committee (CRC) to consider Council-proposed City Charter changes and other changes to the City Charter identified by CRC Members and the public. The CRC will hold its first meeting December 5, 2024 and meet throughout 2025 and early 2026 with the goal of allowing sufficient time for the City Council to place one or more Charter Amendment ballot measures on the November 2026 ballot.
CRC Members need to be Sunnyvale residents, with a minimum of six members being registered voters in Sunnyvale. Council communicated a desire to appoint a minimum of one CRC Member from each Council District if possible, though that is not a requirement and may depend on applications received.
EXISTING POLICY
Council Policy 7.2.19 Boards and Commissions
Administrative Policy, Chapter 1, General Management, Article 15 Boards and Commissions
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within 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
Pursuant to Council Policy 7.2.19 --Boards and Commissions, appointments of Charter Review Committee (CRC) Members are placed on the City Council meeting agenda. The appointment process is conducted by one of the following two methods, at the discretion of the Mayor:
Individual Candidate Votes: The Mayor will announce each applicant’s name. Council will vote on each applicant. The candidates receiving the most affirmative votes and at least four affirmative votes will be appointed. The process will first consider making one appointment for each Council District if possible, followed by votes to fill the remaining CRC positions.
Paper Votes: The Mayor will announce each Council District. The City Clerk will distribute individual voting sheets to be completed by each Councilmember. The candidate receiving the most affirmative votes and at least four affirmative votes from each Council District will be appointed, if applicable. The process is repeated for the remaining CRC positions, and for any districts where no candidate received four affirmative votes.
Resolving ties: Should a tie between the candidates receiving the most affirmative votes occur, the affected applicants will be voted on again. If a tie still remains, and the affected applicants each have received at least four affirmative votes, the Mayor would ask the City Attorney to draw the name of the person to be appointed.
Should no candidate receive at least four affirmative votes for a certain Council District, the seat may be filled by an applicant from any Council District.
Below is the list of current applicants. Applicant information is available as attachments to the November 12 and November 13, 2024 Council meeting packets and upon request from the Office of the City Clerk at cityclerk@sunnyvale.ca.gov or 408-730-7483.
Council District No. 1
Charles Fraleigh
David Newswanger
Kathryn Filley
Pamela Elliot
Sharlene Liu
Timothy Oey
Council District No. 2
Gustav Larsson
Kristel Wickham
Michael Buchanan
Stan Hendryx
Council District No. 3
Barry Vickrey
Galen Davis
Ken Olevson
Ravi Narayana
Stephen Scandalis
Council District No. 4*
Paulette Saldanha
Council District No. 5
Martin Pyne
Council District No. 6
Gail Rubino
*Bruce Paton withdrew their application on November 14, 2024.
Following appointments, each new member is required to take the Oath of Office, sign the Model of Excellence and attend the December 5 Charter Review Committee meeting. A ceremonial oath will be offered to all incoming members.
FISCAL IMPACT
None.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Appoint committee members from the applicants listed in this report.
2. Provide other direction to staff on how to proceed.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager