REPORT TO COUNCIL
SUBJECT
Title
Adopt a Resolution Calling and Giving Notice of a Special Municipal Election to be Held on Tuesday, June 7, 2022 for a Vote on One Ballot Measure that, if Passed, Would Amend Sections 600, 700.1, and 700.2 of the Santa Clara City Charter; Requesting the Consolidation of the Special Municipal Election with the Statewide Direct Primary Election to be Held in Santa Clara County on June 7, 2022; Directing the City Attorney to Prepare the Impartial Analysis; and Setting Priorities for Ballot Arguments
Report
BACKGROUND
On April 21, 2021, the City entered into a Settlement Agreement as a result of California Voting Rights Act litigation (Yumori-Kaku, et al. v. City of Santa Clara (Santa Clara Superior Court Case No. 17CV319862) in which the City agreed to enact a resolution calling an election seeking voter approval of an amendment to the City Charter that shall require the election of all City Council members, except the Mayor, from single-member districts with a requirement that candidates reside within their respective districts in accordance with the Judgment.
At the May 4, 2021 Council Meeting the City Clerk and City Attorney introduced the options for the proposed ballot measure language which included establishing the six districts, creating a minimum 30-day residency requirement, and mandating the type of redistricting commission. While Council took action on the first two items, it decided to defer adding to the ballot measure the requirement of an independent redistricting commission to a later date. The Settlement Agreement requires the City submit a resolution or other subject legislation to place a charter amendment on the ballot that requires the election for all City Council members, except the Mayor, from single-member districts and does not preclude the City from amending the ballot measure to include additional amendments to the Charter, such as a redistricting commission.
On May 25, 2021, the City Council adopted a resolution, Resolution 21-8965, 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 and 700.1, as set forth in Exhibit A of the resolution, in accordance with the requirements of section 10403 of the California Elections Code.
The City Clerk now brings the proposed resolutions before the City Council calling for a Special Municipal Election; requesting that the Board of Supervisors of the County of Santa Clara consent and agree to the consolidation of a Special Municipal Election with the Statewide Direct Primary Election on Tuesday, June 7, 2022, for the purpose of placing the measure on the ballot.
DISCUSSION
On May 25, 2021, the City Council approved the following ballot question:
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DISTRICT COUNCIL ELECTIONS. Shall the City Charter be amended to elect city council members by district, excepting the mayor, to establish six districts for the election of one council member to represent each district; and to establish a 30-day residency requirement for all elected officials? |
Yes |
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No |
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Ballot Measure
Resolution A shows the changes to the current Charter language that would be made in order to eliminate language regarding the current at-large by-numbered seat system and to clearly indicate the requirement to hold Councilmember District elections 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 District 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;
3. the voters of District 5 shall nominate and elect one (1) Council Member for a four-year term; and
4. the voters of District 6 shall nominate and elect one (1) Council Member for a four-year term.
The City 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.
The proposed Charter Amendment now also includes the following language to address what happens to an incumbent after the redistricting process:
Section 700.2 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:
Sec. 700.2 Election Following Change of Boundaries
Upon any redistricting pursuant to the provisions of this section of the Charter or the ordinances enacted hereunder, each incumbent member of the Council will continue, during the remainder of the member’s term, to hold office and represent the district by which the member was elected prior to such redistricting, notwithstanding any provision of Section 600 requiring a member to be a resident of the district represented by such member.
Optional: Inclusion of the Independent Redistricting Commission
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DISTRICT COUNCIL ELECTIONS. Shall the City Charter be amended to elect city council members by district, excepting the mayor, to establish six districts for the election of one council member to represent each district; and to establish a 30-day residency requirement for all elected officials; and to require an independent redistricting commission? |
Yes |
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No |
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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. This redistricting process is a non-political process of reviewing census data and ensuring that council district lines are accurately drawn so that each district contains an equal population. For the 2020 Census Data the City Council selected an independent redistricting commission to complete the City’s redistricting process. The City Council also previously received substantial public input through the work done by the 2019 Charter Review Committee that was established after Measure N, much of its work regarding wording changes to the current Charter language which included requiring an independent redistricting commission.
Resolution B includes the Charter language changes in Resolution A with the addition of a requirement that an independent redistricting commission conduct the City’s redistricting process.
The proposed Charter Amendment would include the following language.
Section 700.2 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:
Sec. 700.2 Establishment of Independent Redistricting Commission; Election Following Change of Boundaries
The City Council shall enact an ordinance to establish an independent redistricting committee in accordance with Elections Code Sections 23001 and 23003 to make changes to the City Council District boundaries.
Upon any redistricting pursuant to the provisions of this section of the Charter or the ordinances enacted hereunder, each incumbent member of the Council will continue, during the remainder of the member’s term, to hold office and represent the district by which the member was elected prior to such redistricting, notwithstanding any provision of Section 600 requiring a member to be a resident of the district represented by such member.
We offer this language as an optional provision that the Council might consider including in the proposed City Charter amendment. The Council may also choose to not add the independent redistricting commission to the measure at this time. The Council may decide to adopt an ordinance establishing the independent redistricting commission for future redistricting activities. This ordinance would be repealable by the current or future City Council at any time. Another option is to request a subsequent charter review committee to consider amending the Charter to add the redistricting method in a future Charter amendment.
Charter Submission Timeline
In order to submit the proposed Charter amendments to the voters of the City of Santa Clara at a Special Municipal Election, the City Council must adopt a Resolution. By adopting this Resolution, one City of Santa Clara ballot measure will appear on the Statewide Direct Primary Election on June 7, 2022.
Accordingly, included for City Council consideration in the Resolution is formally calling the special election, requesting that the special election be consolidated with the Statewide Direct Primary Election, submitting the measure to voters and authorizing certain related actions, including directing the City Attorney to prepare an impartial analysis of the measure. Furthermore, the proposed resolution also includes language related to ballot arguments, which reflects the requirements contained in the settlement agreement in the Yumori-Kaku matter, as explained below.
Ballot Arguments and Impartial Analysis
The City Council determines whether the Council, or specific members authorized by the full Council, will draft the argument supporting the ballot measure, or whether it will instead allow a third party to do so. The City Charter and the California Elections Code authorize, but do not require, the City Council to write the argument in support of the ballot measure to establish District Elections.
If the City Council chooses to write the ballot argument, it should designate a maximum of three Council Members to draft the argument. These designees would prepare and sign the argument and submit it to the City Clerk. Alternatively, the Council can designate the Mayor to sign on behalf of the entire Council. A total of five individuals and/or organizations may sign the ballot argument, and the Council may designate which individuals or organizations fill any available signature slots. Per the Settlement Agreement, neither the City Council, nor any of its Members, shall file a ballot argument in opposition to the proposed Charter Amendment measure in their official capacity.
If the City Council decides not to draft the argument itself, any registered voter or bona fide association of citizens may submit a proposed argument to the City Clerk. If the City Clerk receives multiple proposed arguments, the City Clerk shall select one of the arguments in adherence to Elections Code § 9287. Ballot arguments must be submitted no later than March 8, 2022, 3:00 p.m., to the City Clerk and rebuttal arguments must be submitted no later than March 18, 2022, 5:00 p.m., to the City Clerk. The City Attorney shall draft an impartial analysis on the measure, which is also due March 18, 2022, 5:00 p.m., to the City Clerk.
Voter Education and Outreach
In preparation for the June 2022 primary election a Communications Outreach plan will be created that will utilize the many public outreach channels available to Santa Clara residents, including the following:
• City website and e-Notify
• Social Media (Facebook, Twitter, NextDoor)
• Government Access Channels
• Press Release
• Publication of ad in local and ethnic media outlets
• Postcard mailers to all Santa Clara residents
• Flyer distribution to City facilities
• Flyer email distribution to constituent database and community leaders/groups
• Utility bill inserts
• Translation of materials in eight languages including, Chinese, Hindu, Korean, Japanese, Portuguese, Spanish, Tagalog and Vietnamese
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 Registrar of Voters (ROV) has estimated the cost for the June 7, 2022 election to be approximately $233,248. In addition to this amount would be approximately $60,000-$70,000 of costs associated with printing, translation services, publishing notices and other related costs for a total of approximately $300,000. These costs are included in the existing City budget.
COORDINATION
This report has been coordinated with the City Attorney’s office.
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.
RECOMMENDATION
Recommendation
The City Council select one of the following options:
1. Adopt Resolution A calling and giving notice of a Special Municipal Election to be held on Tuesday, June 7, 2022, for a vote on one ballot measure that, if passed, would amend Sections 600, 700.1, and 700.2 of the Santa Clara City Charter; Requesting the consolidation of the Special Municipal Election with the Statewide Direct Primary Election to be held in Santa Clara County on June 7, 2022; directing the City Attorney to prepare the impartial analysis; and setting priorities for ballot arguments; OR
2. Adopt Resolution B calling and giving notice of a Special Municipal Election to be held on Tuesday, June 7, 2022, for a vote on one ballot measure that, if passed, would amend Sections 600, 700.1, and 700.2 of the Santa Clara City Charter; Requesting the consolidation of the Special Municipal Election with the Statewide Direct Primary Election to be held in Santa Clara County on June 7, 2022; directing the City Attorney to prepare the impartial analysis; and setting priorities for ballot arguments.
Staff
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Hosam Haggag, City Clerk
ATTACHMENTS
1. Resolution 21-8965
2. Resolution A
3. Resolution B (Includes Independent Redistricting Commission)