REPORT TO COUNCIL
SUBJECT
Title
Review of Charter Review Committee Report and Recommendation to Amend Sunnyvale City Charter Section 604 Regarding Filling City Council Vacancies and Provide Direction to Staff on Next Steps
Report
BACKGROUND
The City Council established the Charter Review Committee (CRC) to analyze alternatives and propose a recommendation to the Council for amending City Charter Section 604 related to vacancies in Council seats. The CRC met eight times between January and April 2018. It developed proposed language amending Charter Section 604 over the course of those meetings and prepared a report explaining the recommended amendment.
Amending Charter Section 604 requires voter approval. If the Council determines that it wishes to submit the CRC proposal, or any other Charter amendment, to the voters, it should direct staff to return with appropriate actions to place a measure on the November 2018 ballot.
EXISTING POLICY
To fill a vacancy on the City Council, existing City Charter Section 604 requires that the City call a special municipal election within 120 days of the date the vacancy is declared, with two limited exceptions: (1) the special election may be consolidated when a general or statewide election is scheduled within 180 days from the date that the vacancy is declared; and (2) if the vacancy is due to death or involuntary removal of a councilmember and the unexpired term of the vacant seat is less than 180 days, the Council may fill the vacancy by appointment.
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
Two documents unanimously approved by the CRC are attached to this report for the City Council’s review and consideration: Attachment 1 is the proposed language amending Charter Section 604, including the clerical edits requested at the CRC’s last meeting. Attachment 2 is the final draft of the CRC report, approved by the CRC on April 26, 2018.
Briefly, the key elements of the CRC’s recommendation to amend Charter Section 604 include:
• A “hybrid” model for filling vacancies that gives the Council the power to decide whether to make an interim appointment or hold a special election to fill a vacancy; and
• A limit on the duration of appointments until the next regularly scheduled election.
The CRC’s report contains a detailed breakdown of each subsection of the proposed Charter Section 604, along with an explanation of the rationale behind the proposed language. Generally, by giving the Council the option to appoint or hold a special election when a vacancy occurs, the Committee stated that it believes the Council will be able to fill vacancies in the best manner possible given the circumstance and timing of the vacancy, while balancing costs and democratic principles.
Members of the CRC will be available to present the key findings and recommendations and respond to any questions. As this was a policy issue delegated to the CRC, staff makes no recommendation.
FISCAL IMPACT
The Santa Clara County Registrar of Voters’ office has estimated that the cost of inclusion of one measure on the November 6, 2018 ballot will be approximately $85,000. Internal costs of translations, publishing and public noticing is estimated to be approximately $2,400. The FY 2018/19 Recommended Budget includes funding for up to three ballot measures. Note that any other impact going forward would be purely speculative, as it would depend on the action of the Council in determining whether to appoint or call an election.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
ALTERNATIVES
1. Accept the CRC’s recommendation to amend Charter Section 604 and direct staff to return with actions necessary to place a ballot measure amending Charter Section 604 on the November 2018 ballot.
2. Do not accept the CRC’s recommendation to amend Charter Section 604 and do not direct staff to return with actions necessary to place a ballot measure amending Charter Section 604 on the November 2018 ballot.
3. Provide alternate direction to staff on amendments to Charter Section 604 and on placing a ballot measure on the November 2018 ballot.
STAFF RECOMMENDATION
Recommendation
Staff recommends that the Council discuss, consider and if desired take action related to the Charter Review Committee’s recommendation to amend Charter Section 604.
Staff
Prepared by: Melissa Tronquet, Assistant City Attorney
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Proposed Text Amending Section 604
2. CRC Report