REPORT TO COUNCIL
SUBJECT
Title
Discussion and (1) Adoption of a Resolution Calling a General Municipal Election to be Held in the City of Sunnyvale on Tuesday, November 5, 2024, for the Purpose of Submitting to City Voters an Ordinance Concerning Amendments to the City Charter; Requesting Consolidation with the Statewide General Election and Election Services from Santa Clara County; Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments; and (2) Approve Amendments to Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers) Relating to the Role of District Councilmembers
Report
BACKGROUND
On November 28, 2023 (RTC No. 23-1070), a Colleagues Memo was added to the Council Agenda to “request that a meeting be agendized to empanel a Charter Review [Committee] (CRC) to conduct a full review of the Sunnyvale City Charter, with the goal of placing proposed amendments on the November 2024 ballot.” Council directed staff to bring the item back for discussion. The Colleagues Memo outlined nine potential Charter amendments for a committee to consider and indicated a desire that the committee have the ability “to review all provisions in the charter and to freely propose amendments.”
January 30, 2024 (RTC No. 24-0272), Council directed staff to take the following actions related to Charter amendments:
1. Return with analysis of items from the Colleagues’ Memo that may be able to be modified without a Charter Amendment:
- Return within two years with a Council Policy noting that Councilmembers represent the entire City, not individual districts and that "district prerogative" does not exist in Sunnyvale;
2. Pursue Council-Directed Charter Amendments for 2024 and return with proposed ballot measure language for priority items identified by Council:
- A Charter Amendment to use gender neutral language throughout the Charter;
- A Charter Amendment to require 24 regular Council meetings per year rather than two (2) per month;
- A Charter Amendment to remove the registered voter requirement from all boards and commissions, with the exception of the Planning Commission and to research which boards and commissions should have a citizenship requirements; and
3. Return to Council in the fourth quarter of 2024 with options for a more thorough charter review process similar to the one undertaken in 2007, allowing for more opportunity for public participation and adequate time to prepare several potential changes for voter consideration in November 2026.
This report addresses bullets 1 and 2 above. Staff will return separately with options for a thorough charter review process (RTC No. 24-0030).
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
1. Charter Amendment Ballot Measure
Alternative 1: one ballot measure addressing the three priority areas
Staff analyzed the three priority items identified by Council and determined that Sunnyvale, as a charter city, may place a Charter amendment on the ballot that addresses more than one subject. The single subject rule, which requires that components of an initiative cannot relate to more than one subject, applies to Charter amendments and other measures placed on the ballot through the citizens’ initiative but does not apply to Charter amendments placed on the ballot by the City Council. This approach was confirmed in Hernandez v. County of Los Angeles in 2008 (167 Cal.App.4th 12, 22-23), with the court explicitly stating that “Charter cities are also able to group multiple technical amendments into one ballot measure.”
Separating the three priority items into more than one ballot measure carries additional administrative and Registrar of Voters costs. Alternative 1 would include one ballot measure that addresses the three priority areas, with ballot language outlined below. Alternative 3 could include direction to staff to return with up to three separate ballot measures to address the three priority areas.
Remove the Registered Voter Requirement from all Boards and Commissions
This amendment to the Charter would remove the registered voter requirement for all Boards and Commissions including for the Planning Commission for consistency. Staff reviewed the role of the City’s Boards and Commissions and did not find a need for any Board or Commission to have a registered voter requirement. In fact, Government Code section 1020, which applies to general law cities, was amended in 2019 to provide that “a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state.” Staff also learned of other Bay Area charter cities (including San Jose, Berkeley, and Hayward) that have recently amended their charters to remove registered voter requirements for members of appointive boards and commissions, including planning commissions. Sunnyvale’s proposed amendments, which would still require appointed board and commission members to be City residents, are shown in redlines in Attachment 1, Exhibit A, Charter Sections 1007, 1009, 1011, 1013 and 1015.
Staff notes that a consequence of removing the voter registration requirement is eliminating the age requirement of 18+ for board and commission members. If Council wishes to retain the age requirement or the voter registration requirement for any specific board or commission, Alternative 3 below provides the opportunity for alternate direction.
Require 24 Regular Council Meetings per Year Rather than two (2) Per Month
This amendment to the Charter would change the current requirement for two (2) regular Council meetings per month to 24 regular Council meetings per year, providing additional scheduling flexibility to accommodate City and religious holidays, school spring break schedules and Councilmember vacations. Staff included language that would require no more than six (6) weeks between regular Council meetings to ensure that there is no lapse in the ability to conduct City business in a timely manner. See Attachment 1, Exhibit A, Charter Section 611 Regular Meetings for this potential change in redlines.
Use Gender Neutral Language Throughout the Charter
This amendment to the Charter would remove gendered pronouns such as he/she from the Charter while maintaining all existing intents and effects of the Charter. Attachment 1, Exhibit A shows the potential changes to various sections of the Charter in redlines.
Resolution Calling for a Ballot Measure Election
The attached draft resolution (Attachment 1) provides for the following:
1. Approval of the single ballot question covering all three issues described above to be presented to Sunnyvale voters.
2. “Calling” a General Election to be held on November 5, 2024 and requesting the services of the Registrar of Voters to conduct the election.
3. Direction to the City Attorney to prepare an impartial analysis for the measure.
4. Direction to the City Clerk on ballot arguments to be printed in the Sample Ballot.
5. Approval of a draft amendment to the Charter to incorporate the proposed changes if the measure is approved by a majority of voters.
Ballot Question Language
California Elections Code Section 9051 requires a ballot measure not exceed 75 words and be presented in the form “Shall the ordinance (stating the nature thereof) be adopted?” The proposed ballot question is as follows:
Shall the Sunnyvale City Charter be amended to (1) eliminate the voter registration/citizenship requirement for members of all boards and commissions to remove barriers to volunteering; (2) change the required City Council meeting frequency from 2 meetings per month to at least 24 meetings per year, with no more than six (6) weeks between meetings, to provide more scheduling flexibility; and (3) replace gendered references throughout the charter with gender-neutral language? Yes/No
Calling of an Election
As required by State Elections Code, the Council must adopt a resolution calling an election, requesting consolidation with the Statewide General Election and requesting the Registrar of Voters to provide election services. The draft resolution provides for these requirements.
Impartial Analysis by the City Attorney
The State Elections Code Section 9280 authorizes Council to direct the City Attorney to prepare an impartial analysis of the measure. The draft resolution provides this direction to the City Attorney.
Ballot Arguments
The State Elections Code Section 9282(b) provides for the filing of ballot measure arguments by the following: City Council or any member(s) of the Council authorized by the Council, any individual voter eligible to vote on the measure, bona fide association of citizens or any combination of voters and associations.
If the Council decides to submit an argument in favor of the ballot measure or authorize certain members to submit an argument, pursuant to Election Code Section 9287(a) that argument will be given preference over any other argument submitted in favor of the ballot measure. If the Council chooses not to submit an argument, the City Clerk will follow the priorities described in Elections Code Section 9287(a) in selecting an argument to be printed in the Sample Ballot.
The resolution is drafted with three options for the Council’s consideration regarding the submission of the argument in favor or against the measure:
a. Authorize the City Council as a body to submit a written argument [in favor] or [against] the measure;
b. Authorizes __[#]___ member(s) of the City Council to submit a written argument [in favor] or [against] the measure:_[one or more name(s)]_. At [Name(s)] discretion, the argument may also be signed by other members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. In the event that an argument is filed against the measure [Name(s)] is also authorized to submit a rebuttal argument on behalf of the City Council, which, at [Name(s)] discretion, may also be signed by members of the City Council, bona fide associations, or individual voters who are eligible to vote on the measure. Signatures on the rebuttal argument may be different from those who signed the primary argument, OR
c. Take no action with regard to authorizing the Council, or member or members of the Council to submit a written argument [in favor] or [against] the measure.
The deadline for submitting arguments for and against the measure will be August 13, 2024 at 5:00 p.m. (Elections Code Section 9286). Rebuttal arguments may then be filed by the author(s) of the primary arguments by August 20, 2024 at 5:00 p.m. (Elections Code Section 9285(4)).
Draft Amendment to Sunnyvale Charter
The proposed amendment to the Charter is Exhibit A to the attached resolution.
2. Council Policy Change
Alternative 2: Amend Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers)
Consistent with Council’s direction on January 30, 2024, staff drafted language for an addition to Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers) (Attachment 2) communicating that Sunnyvale Councilmembers represent the entire City. This includes the position of Mayor elected at-large and Councilmembers elected from Sunnyvale’s six (6) Council districts.
The added language encourages Councilmembers to make decisions that are in the interests of the entire community, fully engage regarding every issue before the City Council, make decisions regarding resources of the City government based on the needs of all residents in the City and that they represent the greater good for the entire City.
3. Alternative 3: Alternative Council direction
Under Alternative 3, Council may provide alternative direction to staff regarding the number of ballot measures, retaining the voter registration requirement for the Planning Commission or other Boards/Commissions, modifying the change to Council policy, or other alternative direction.
FISCAL IMPACT
For the November 2024 Election, the County Registrar of Voters estimates a cost of $117,887 for each 6-page ballot measure (Attachment 3). Project 835020 (Sunnyvale Biennial Elections) includes $571,705 for all items placed on the November 2024 ballot, mandated translation and legal noticing costs along with any City covered candidate statement costs in alignment with Sunnyvale Municipal Code Section 2.28.030 (in lieu petitions for cost of candidate’s statement). After accounting for the approximately $300,000 combined estimated cost of the Mayoral Election along with elections for Council Districts 2, 4 and 6, approximately $270,000 would remain to cover any ballot measures placed on the November 2024 ballot, translation and legal noticing costs, and City covered candidate statement costs.
Project 835020 includes funding to cover two 6-page ballot measures for the November 2024 Election; a budget amendment would be required to cover costs associated with more ballot measures or ballot measures longer than 6 pages. Separating the Charter amendments included in the Resolution (Attachment 1) into more than one ballot measure would have a higher cost than keeping the Charter amendments within one ballot measure.
It should be noted that Council is separately considering potential revenue ballot measures for the November 2024 ballot to increase to the Real Property Transfer Tax (RPTT) and/or to fund the Civic Center Modernization Project - Phase 2 Main Library.
Public information regarding potential proposed changes would also be recommended and would have costs that would be determined in part by the scope of all potential measures that Council places on the November 2024 ballot.
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. Adopt a Resolution (Attachment 1) calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 5, 2024, for the purpose of submitting to City voters an Ordinance concerning amendments to the City Charter; requesting consolidation with the Statewide General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments.
2. Approve Amendments to Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers) relating to the role of District Councilmembers.
3. Alternative direction to staff regarding the number of ballot measures, retaining the voter registration requirement for the Planning Commission or other Boards/Commissions, modifying the change to Council policy, or other alternative direction.
STAFF RECOMMENDATION
Recommendation
Alternatives 1 and 2:
1. Adopt a Resolution (Attachment 1) calling a General Municipal Election to be held in the City of Sunnyvale on Tuesday, November 5, 2024, for the purpose of submitting to City voters an Ordinance concerning amendments to the City Charter; requesting consolidation with the Statewide General Election and election services from Santa Clara County; directing the City Attorney to prepare an impartial analysis; and setting priorities for ballot arguments.
2. Approve Amendments to Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers) Relating to the role of District Councilmembers.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Resolution
2. Council Policy 7.3.4 (Roles and Responsibilities of Mayor, Vice Mayor and Councilmembers) - Redlines
3. November 5, 2024 Election Cost Estimate