REPORT TO COUNCIL
SUBJECT
Title
Approve Amendment to Exhibit A to Resolution 1234-24 (Resolution Calling a General Municipal Election) to Correct Clerical Errors in Proposed City Charter Amendments
Report
BACKGROUND
On May 7, 2024, the City Council adopted Resolution 1234-24 (Attachment 1), calling a special election to place a measure on the November 5, 2024 ballot to amend the Sunnyvale City Charter to remove the registered voter requirement from all boards and commissions, require twenty-four regular City Council meetings per year instead of two per month, and replace gendered language with gender neutral language throughout the Charter.
EXISTING POLICY
Elections Code Article 3 (City or City and County Charters)
Sunnyvale City Charter
Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers)
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 sections 15320,15378 and 15061(b)(3) as it is an organizational structure change and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment.
DISCUSSION
Exhibit A to Resolution 1234-24 shows the proposed amendments to the City Charter in redline/strikeout format. Following City Council approval of that Resolution, staff was alerted to missing strikeout text in the “elector” clause in Section 1005. The Registrar of Voters also requested that the Resolution be revised to include the words “Full Text Starts Here” and “Full Text Ends Here” at the beginning and end. During the process of making these revisions, four additional instances of gendered language were found in the Charter that have been added to the amendments in Exhibit A. Staff believes that these were overlooked because of over-reliance on keyword search results from the online version of the Charter, instead of working from a fully displayed version of the complete text. We have re-reviewed the Charter closely to ensure that nothing else was missed.
The Registrar of Voters allows agencies to submit corrections to ballot measures until August 14, 2024. Therefore, staff recommends that the Council approve amended Exhibit A (Attachment 2).
FISCAL IMPACT
No new fiscal impacts result from this amendment. The City Council has already approved placing this measure on the ballot and the necessary funding was previously allocated and approved.
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.
RECOMMENDATION
Recommendation
Approve amendment to Exhibit A to Resolution 1234-24 (Resolution Calling a General Municipal Election) to correct clerical errors in proposed City Charter Amendments
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
A check or “Y” 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
Staff
Prepared by: Melissa Tronquet, Sr. Assistant City Attorney
Reviewed by: Rebecca Moon, City Attorney
Reviewed by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Resolution 1234-24
2. Amendment to Exhibit A to Resolution 1234-24