REPORT TO COUNCIL
SUBJECT
Title
Discuss and Provide Direction Regarding Process, Scope of Review, and Timeline for Potential Amendments to the City Charter
Report
REPORT IN BRIEF
At the November 28, 2023 City Council meeting, Council directed staff to agendize discussion of potentially empaneling a Charter Review Committee with the goal of placing proposed amendments on the November 2024 ballot.
This report provides background information on Charter amendments in Sunnyvale, focusing on the most recent efforts involving committees, including review scope and timelines.
The report also provides information regarding the charter amendment process and alternatives for Council to consider given the relatively short timeline remaining prior to the August 2024 deadline to place items on the November 2024 ballot.
BACKGROUND
This agenda item was scheduled for the January 23, 2024 Council Meeting (RTC No. 24-0018) but was not heard by Council at that time.
On November 28, 2023, a Colleagues Memo was added to the Council Agenda (Attachment 1) 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.”
Sunnyvale has undergone many Charter amendments in its history. They are outlined in Attachment 2.
The four most recent charter amendment efforts involving charter review committees (or a Citizens Advisory Committee in the case of districting) are summarized below. As the Colleagues Memo states, the last major review where a Charter Review Committee was asked for input on which items to review began with a Council Study Session in April 2006 and culminated with the November 2007 election. The effort took roughly 18 months to complete and resulted in 10 separate ballot measures, most of which passed.
|
Year(s) |
Scope of Review |
Duration (inception to election) |
Review Period |
Num. of Mtgs |
Com. Size |
Committee Selection Process |
Election Date |
Election Outcome |
|
2020 |
1 item from Council - district elections* |
18 months |
11 months |
5 |
7 and 3 alternates |
Open applications |
March 3, 2020 |
1 charter measure passed |
|
2017-2018 |
1 item from Council - filling vacancies |
12-18 months |
8 months |
8 |
11 |
Open applications |
Nov. 6, 2018 |
1 charter measure passed |
|
2010-2011 |
2 items from Council - directly elected Mayor, Council compensation |
12-18 months |
3 months |
8 |
11 |
Open applications |
Nov. 8, 2011 |
1 of 2 charter measures passed |
|
2006-2007 |
10 items -7 from Council, some from Committee |
18 months |
8 months |
12 |
15 |
Appointed by Council |
Nov. 6, 2007 |
9 of 10 charter measures passed |
*Note that the districting process included a Citizens Advisory Committee (CAC) rather than a Charter Review Committee. The CAC provided feedback on community outreach but did not review Charter Amendment language. "As part of the outreach plan, Council approved the formation of a Citizen Advisory Committee (“CAC”) to advise on community outreach efforts and serve as ambassadors to encourage resident engagement with a term length of 11 months (February to December 2019)" (RTC No. 19-0043).
Additional detail on each ballot measure is outlined in Attachment 2.
EXISTING POLICY
Elections Code Article 3 (City or City and County Charters)
Charter of the City of Sunnyvale
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with 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
Options for Structuring Charter Review
California Elections Code Section 9255 provides three methods for proposing a charter amendment:
1. A charter commission, which may be either elected or appointed by the City Council;
2. By the City Council on its own motion; and
3. By a petition signed by 15 percent of the registered voters of the City.
If the Council wants to proceed with Option 2 (charter amendments on its own motion), it could appoint a subcommittee of three or fewer members of the Council or an ad hoc Charter Review Committee of members of the public to review the Charter and make recommendations to the Council on what Charter amendments to place on the ballot. This ad hoc Charter Review Committee would not have the legal status or authority of a Charter Review Commission as provided by EC 9255 and would serve as an advisory body to the City Council. Discussion of practical considerations related to committees in this process are discussed in more detail below.
Charter amendments have been placed on the ballot by all three methods over the years. Most recently, for example, the Council proposed an amendment to change elections from seven at-large seats to six Council Districts with an at-large Mayor on its own motion. However, more comprehensive reviews of multiple charter issues, or reviews of discrete issues such as how to fill vacancies (2018), have been handled by committees that are advisory to the Council.
November 2024 Election Timeline
The deadline to add an item to the November 2024 ballot is August 9, 2024. Council would need to review and make decisions on any potential ballot items by July 2024 at the latest.
In recent years, empaneling a charter review committee has taken a few months, including advertising, recruitment, and interview timelines. Committee meetings generally occur every other week, the minimum amount of time needed for staff to prepare reports, conduct limited research on committee questions and publicly notice meetings. Reports from charter review committees have come to Council in May, allowing time for discussion at more than one meeting and changes to committee recommendations, if needed, prior to placing a measure(s) on a November ballot. A charter review committee also needs time to prepare a written report once it has voted on its final recommendations.
If Council were to direct staff to begin that process now, a committee may be able to be empaneled by March 2024. A Committee would have limited time for working meetings prior to reporting its recommendations to Council in the late spring.
Given this timeline, leading a successful committee-driven charter review process with a broad scope prior to the November 2024 election is not likely feasible.
Alternatives for Timing, Process, and Scope of Charter Review
1. Council-Appointed Charter Review Committee with Broad Scope for a Future Election. Based on past experience outlined herein, a comprehensive review of the City Charter as proposed in the Colleagues’ Memo would likely take 18 months. A review of that type, including review of the nine items proposed in the Colleagues’ Memo and an invitation for a committee to propose additional amendments, would be best positioned to prepare for the November 2026 election or another future election. This would allow adequate time to empanel a committee, review some or all of the nine items outlined in the Colleagues’ Memo and open the scope of review for committee-driven amendments. An extensive review of this type would require significant staff resources, primarily from the Office of the City Attorney and Office of the City Manager for that period.
2. Council-Appointed Charter Review Committee with Limited Scope for 2024. As discussed above, there likely is not sufficient time for the Council to appoint a committee of members of the public according to the processed used for the 2018 vacancy measure. However, if Council were to directly appoint a charter review committee of a manageable size (e.g., one member appointed by each member of City Council, or similar) at its next meeting, there would likely be time for committee review and recommendation on one or two Council-identified high-priority item(s) prior to the November 2024 election deadlines. While direct appointment and smaller committee size may not include the level of public participation desired, it would allow some time for discussion and public input on high-priority items. Facilitating an appointed committee with limited scope would also require significant staff resources.
3. Council-Directed Charter Amendments for 2024. Council could direct staff to prepare Charter amendments for Council consideration to place on the November 2024 ballot. Council could also appoint a subcommittee of three or fewer members to work on certain items and return to the full Council for direction. This may be of interest for some of the items listed in the Colleagues’ Memo, such as but not limited to examining citizenship requirements and member counts for Charter-defined Boards and Commissions; updating Charter language to be gender neutral, or allowing Councilmembers appointed to fill vacancies to serve until the next feasible November general election.
4. Direct Staff to Evaluate Policy Changes Not Requiring Charter Amendments. Some of the items in the Colleagues’ Memo may be able to be addressed by ordinance or Council policy without Charter amendments (e.g., evaluating whether to include a statement on the role of district councilmembers).
The options above identify some of the items from the Colleagues’ Memo that may be well-suited to addressing in time for the November 2024 Election. Other items in the Colleagues’ Memo may be better addressed with additional time for public dialogue and input, or at a future date. For example, evaluating whether to adopt an alternative voting system such as ranked-choice or approval voting, would benefit from more discussion and public input which would not be possible to complete in time for Council to consider placing on a ballot for the November 2024 Election.
Ranked-choice Voting in Santa Clara County
The Santa Clara County Registrar of Voters has indicated that they would be able to accommodate rank-choice voting but that the community(ies) utilizing the system would bear the annual estimated $87,000 cost for the rank-choice voting system module (and potentially encounter some implementation challenges).
Assembly Bill (AB) 1227, Low. Elections: County of Santa Clara was chaptered October 7, 2023, authorizing the County of Santa Clara to adopt an ordinance to elect county officers by ranked-choice voting (Attachment 3). The County’s Citizens’ Advisory Commission on Elections (SCC CACE) has approved recommendations regarding implementation of ranked-choice voting in Santa Clara County (Attachment 4). Considering a transition to ranked-choice voting may be best timed after the County completes its evaluation and potential implementation of this voting model.
FISCAL IMPACT
The fiscal impact of placing charter amendments on the ballot will depend on the format Council chooses for the review process, the number of measures placed on the ballot, and the length of those measures. It is also important to note that charter amendment may require multiple ballot measures and costs will depend on the number of measures. The City would need to follow the general standard that it is permissible to group technical changes into a single measure when they are reasonably related to achieve a common theme or purpose, but unrelated amendments would require separate ballot measures.
For the November 2024 Election, the County Registrar of Voters estimates a cost of $117,887 for each 6-page ballot measure (Attachment 5). 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.
It should be noted that Council is separately considering a ballot measure to fund Civic Center Modernization Project - Phase 2 and is scheduled to discuss a ballot measure to increase to the Real Property Transfer Tax (RPTT) for placement on the November 2024 ballot.
In addition to election costs, other costs might be necessary. For example, depending on the scope of review and complexity of issues, outside counsel may be needed. Public information regarding potential proposed changes would also be recommended. If the ranked-choice voting item is pursued, the County has indicated that the community(ies) utilizing the system would bear the annual estimated $87,000 cost for the rank-choice voting module and uncertain implementation costs.
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. Direct Staff to return with analysis of items from the Colleagues’ Memo that may be able to be modified without a Charter Amendment.
2. Pursue Council-Directed Charter Amendments for 2024 by directing Staff to return with proposed ballot measure language for priority items identified by Council.
3. Pursue Council-Directed Charter Amendments for 2024 by appointing a Council Subcommittee to work on designated items identified in the Colleagues’ Memo and return with proposed ballot measure language for those items.
4. At the next available Council meeting, form a Council-appointed charter review committee to evaluate one or two items in the Colleagues’ Memo for Council consideration for the 2024 ballot.
5. Direct Staff to return to Council in early 2025 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.
6. Alternate direction as outlined by Council.
7. Take no action.
STAFF RECOMMENDATION
Recommendation
Staff recommends Alternative 1; Alternative 5; and either Alternative 2 or Alternative 3:
1. Direct Staff to return with analysis of items from the Colleagues’ Memo that may be able to be modified without a Charter Amendment:
5. Direct Staff to return to Council in early 2025 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: and
2. Pursue Council-Directed Charter Amendments for 2024 by directing Staff to return with proposed ballot measure language for priority items identified by Council;
or
3. Pursue Council-Directed Charter Amendments for 2024 by appointing a Council Subcommittee to work on designated items identified in the Colleagues’ Memo and return with proposed ballot measure language for those items.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Rebecca Moon, Interim City Attorney
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Colleagues Memorandum Empanel a Charter Review Commission (CRC)
2. History of Sunnyvale Charter Amendments
3. Assembly Bill (AB) 1227, Low. Elections County of Santa Clara
4. Implementation of Ranked Choice Voting in Santa Clara County
5. November 5, 2024 Election Cost Estimate