REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Approving the Proposed Charter Amendment to enact Council District elections and Introduction of an Ordinance Establishing District Boundaries to conduct By-District Elections in Santa Clara
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
A court order mandated that the City be divided into six City Council Districts through the November 2020 election and that only residents of each district vote for one Councilmember to represent them. While the Court ruling implemented district-based elections with six Council Districts and enjoined holding at-large elections of City Councilmembers, it did not amend the language of the City Charter, which currently states City Councilmembers are to be elected “at-large.” The City has now entered into a Settlement Agreement with the plaintiffs in the Yumori-Kaku lawsuit which requires the City Council to adopt a resolution to place a measure on the ballot to amend the Charter to be in conformance with the six district election process ordered by the Court for the election of Councilmembers. The Settlement Agreement requires that the resolution proposing the ballot measure for the charter amendment measure be adopted by June 1, 2021.
At its May 4th meeting, Council considered alternatives that would be included in the Charter amendment and directed that staff bring back a resolution to approve a ballot measure in accordance with the Settlement Agreement.
DISCUSSION
1. Ballot Measure
The attachment shows the changes to the current Charter language that would be made in order to eliminate language to the current at-large by-numbered seat system and to clearly indicate the requirement to hold Council District elections for the election of members of the City Council and to have an at-large election of the Mayor.
The proposed charter amendment would include the following language:
Sec. 700.1 Elections - City Council Districts.
Members of the City Council, excepting the Mayor, shall be elected by district.
For the election to be held in November 2022 and each election thereafter, there shall be 6 (six) districts as such districts are designated on that certain map adopted by judgment of the Superior Court dated July 24, 2018, as set forth in Resolution No. 18-8585 of the City Council, as the boundaries of such districts shall be amended through a redistricting process following each decennial United States Census. Council District elections shall be conducted as follows:
a. Each District shall be represented by one (1) Council Member.
b. In the election to be held in November 2022 and in each Council District election held thereafter the Council District elections shall be conducted as follows:
1. the voters of Districts 2 shall nominate and elect one (1) Council Member for a four-year term; and
2. the voters of District 3 shall nominate and elect one (1) Council Member for a four-year term.
c. In the election to be held in November 2024 and in each Council District election held thereafter the Council District elections shall be conducted as follows:
1. the voters of District 1 shall nominate and elect one (1) Council Member for a four-year term;
2. the voters of District 4 shall nominate and elect one (1) Council Member for a four-year term; and
3. the voters of District 5 shall nominate and elect one (1) Council Member for a four-year term.
4. the voters of District 6 shall nominate and elect one (1) Council Member for a four-year term.
On May 4, 2021 Council also approved including a 30-day residency requirement prior to the filing deadline for all candidates for elected office. The proposed Ballot Language is as follows:
No person shall be eligible to hold the elective office of Mayor, Chief of the Police Department or City Clerk, unless he or she is a resident and a qualified registered elector of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a resident in the district represented by the Council Member office.
In order to hold the elective office of Mayor, Chief of the Police Department or City Clerk a person must have been a resident of the City of Santa Clara for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.
In order to hold the elective office of Council Member, excepting the Mayor, a person must have been a resident of the City of Santa Clara and of the District represented by the person as a Council Member for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.
2. Map Ordinance
As a result of a court order issued in July 2018, the City adopted the City Council District map, Resolution 18-8585, defining the six districts within Santa Clara for the 2018 and 2020 City elections. However, this resolution did not extend the use of the map beyond 2020. In addition, every ten years, after the U.S. Census is conducted, city council district lines must be reviewed and possibly adjusted to ensure each council district contains the same number of residents. The adoption of this ordinance will allow for the City to use this map for elections beyond 2020 and allow the City to proceed with the redistricting process.
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.
FISCAL IMPACT
The City Clerk’s office has requested a cost estimate for placing a ballot measure on the primary June 2022 election from the Registrar of Voters office (ROV). The ROV has not gotten back to the city and estimates a response within six weeks. There are a few factors the ROV takes into consideration when calculating the cost (i.e. how many other cities are having an election and how many other ballot measures there will be) At this time staff can only estimate the cost to be between $108,831 and $200,000 based on prior ballot measures.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov>.
RECOMMENDATION
Recommendation
Staff recommends:
1. Adopt Resolution directing the City Clerk to bring back a resolution to call for a Special Municipal Election on June 7, 2022 for the purpose of placing one measure on the ballot that, if passed, would amend the Santa Clara City Charter sections 600, 700.1 and 700.2, as set forth in Exhibit A, in accordance with the requirements of section 10403 of the California Elections Code; and
2. Approve introduction of an Ordinance for the Council District Boundary Map for Councilmember elections as the map to be used for elections beyond 2020,subject to changes required by the redistricting process.
Staff
Approved by: Hosam Haggag, City Clerk
Brian Doyle, City Attorney
ATTACHMENTS
1. Resolution
2. Resolution Exhibit A - Charter Amendment
3. Resolution No. 18-1885
4. Introduction of Ordinance No
5. Ordinance Exhibit A