REPORT TO COUNCIL
SUBJECT
Title
Notification of Committee Resignation, Appoint Applicant to the Charter Review Committee (CRC) or Provide Alternate Direction Regarding CRC Vacancy
Report
BACKGROUND
This report is to inform the Council of the following resignation from a City committee.
Paulette Saldanha, who was appointed to a term on the Charter Review Committee (CRC) on December 3, 2024, has submitted a letter of resignation from the committee, effective February 20, 2025.
Administrative Policy, Chapter 1, General Management, Article 15 Boards and Commissions, Section 2, Subdivision 8 states that when a resignation letter is received, staff shall prepare an Information Only Report to Council that indicates the resignation(s) and specifies the process that staff recommends to fill the vacancy. Given the CRC’s limited term, staff included notification to Council of this resignation in this report to provide Council with options of how to address the resulting vacancy.
On June 4, 2024, the City Council created an 11-member CRC to consider Council-proposed City Charter changes and other changes to the City Charter identified by CRC Members and the public. The CRC is meeting 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.
The City Council interviewed applicants for the CRC on November 12 and 13, 2024. On December 3, 2024 the City Council appointed the following CRC Members:
• Barry Vickrey | District 3
• David Newswanger | District 1
• Gail Rubino | District 6
• Galen Davis | District 3
• Gustav Larsson | District 2
• Kathryn Filley | District 1
• Ken Olevson | District 3
• Kristel Wickham | District 2
• Martin Pyne | District 5
• Paulette Saldanha | District 4
• Timothy Oey | District 1
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
The typical recruitment for Boards and Commissions takes approximately three months including promotion and outreach, interviews with the City Council followed by appointment and training. Given the CRC’s limited term and target for providing the City Council with recommended ballot language in early 2026, the City Council may wish to consider alternative actions for this vacancy.
For this vacancy, City Council could consider making an appointment from among applicants recently interviewed for the CRC, direct staff to conduct a recruitment or decide to leave the position vacant.
Appoint an Existing Applicant
This report provides City Council the option of appointing an existing applicant to the CRC (Alternative 1). The remaining applicants who interviewed with City Council are listed for Council’s consideration. There are no remaining applicants from Council District 4 and there are no existing CRC Members from Council District 4. Council communicated a desire to have a minimum of one CRC Member from each Council District, though that is not a requirement.
Pursuant to Council Policy 7.2.19 --Boards and Commissions, appointments of 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 candidate receiving the most affirmative votes and at least four affirmative votes will be appointed.
Paper Votes: 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 will be appointed.
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, the seat shall remain vacant.
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
Pamela Elliott
Sharlene Liu
Council District No. 2
Michael Buchanan
Stan Hendryx
Council District No. 3
Ravi Narayana
Stephen Scandalis
Council District No. 4
None
Council District No. 5
None
Council District No. 6
None
Following appointment, the new member is required to take the Oath of Office, sign the Model of Excellence and attend a board and commission orientation hosted by the Office of the City Clerk. A ceremonial oath will be offered to the incoming member.
Recruitment Effort
Council has the option of directing staff to conduct a recruitment similar to a typical Board and Commission recruitment. This direction could include seeking applicants from any Council District (Alternative 2) or limit the recruitment to applicants from Council District 4 (Alternative 3).
Conducting a recruitment would delay making an appointment to fill this vacancy until late May or June.
Leave the Seat Vacant
Council has the option of leaving this seat vacant (Alternative 4). As an 11-member body, a minimum of six members are required to meet the quorum requirement for a meeting. Leaving the seat vacant would not decrease the quorum requirement. There is a greater potential for a motion to fail with a tied vote if the CRC has an even number of members such as the 10 members currently appointed, though that scenario may be relatively rare with a 10-member body.
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 City Hall 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 a committee member from the applicants listed in this report.
2. Direct staff to conduct a recruitment seeking applicants from any Council District.
3. Direct staff to conduct a recruitment seeking applicants from Council District 4.
4. Take no action and leave this seat vacant.
5. Provide other direction to staff.
STAFF RECOMMENDATION
Recommendation
Staff makes no recommendation. This report is developed to facilitate a conversation for the public hearing and action by the City Council related to the vacancy on the CRC.
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 $500 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
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_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: Connie Verceles Deputy City Manager
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENT
1. Links to Applicant Interview Recordings