REPORT TO COUNCIL
SUBJECT
Title
Presentation on Timelines and Administrative Requirements For Placement of Ballot Measures on the March and/or November 2024 Ballot Including Consideration of Amendments to the City Charter to Change the Police Chief and/or City Clerk from Elected to Appointed Positions and Consideration of an Action to Approve a Work Plan for Same, Including Possible Formation of a Charter Review Committee
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
At its meeting of August 30, 2022, the City Council voted to place on a future agenda discussion of possible ballot measures to change the positions of Police Chief and/or City Clerk from elected to appointed positions. (Attachment #1, Minutes of August 8, 2022 City Council meeting and Attachment #2, related June 24, 2022 written petition).
The City Council has also expressed a desire to consider additional revenue measures during the 2024 election cycle.
The purpose of this report is to provide an overview of the procedural requirements and policy considerations related to the 2024 election cycle in an effort to facilitate Council’s timely deliberation of these issues in alignment with election requirements set by the Santa Clara County Registrar of Voters (ROV).
DISCUSSION
As of February 2023, the ROV has indicated there will be two consolidated elections in 2024 - March 5 and November 5. Proposed Charter amendments can be placed on either ballot; however, according Article XIIIC, section 2(b) of the California Constitution, general tax measures can only be considered during a regularly scheduled general election for the members of the governing body, unless an emergency is declared by unanimous vote of the governing body.
Should the Council wish to place measures on the March 5 ballot, the following deadlines would apply:
|
Milestone |
Timeline |
|
Approval of Ballot Language & Call for the Election |
Either regularly scheduled Council meeting in November 2023 (11/7 or 11/14) or at a special meeting held no later than November 27, 2023. |
|
Measure Language Due to the ROV |
11/23 - 12/8 |
|
Arguments For and Against Due to City Clerk |
14 days following call for the election |
|
Rebuttals and Impartial Analysis |
10 days following date arguments are filed |
|
Election |
March 5, 2024 |
Should the Council wish to establish a Charter Review Committee to solicit public input on proposed ballot language, additional time would be needed to allow the Committee to complete its work prior to the potential November/December 2023 Council action to call a March 2024 election.
The following chart summarizes the additional milestones and timelines that would be required in the event a Charter Review Committee process is desired:
|
Action |
Start |
End |
|
Direction on the establishment of a Charter Review Committee and other related actions (listed below) |
June 6, 2023 |
June 6, 2023 |
|
Recruitment Process Initiated |
June 7, 2023 |
June 29, 2023 |
|
Final Selection of CRC Members |
July 18, 2023 |
July 18, 2023 |
|
Initial Mtg of CRC to Review Workplan & Schedule Public Input Process |
|
Week of Aug 7 |
|
Public Input Sessions |
August, 2023 |
September, 2023 |
|
Draft CRC Findings |
September, 2023 |
September, 2023 |
|
Prepare Staff Report |
October, 2023 |
October, 2023 |
|
Present CRC Findings & Call for Election if appropriate |
November, 2023 |
December, 2023 |
This schedule allows for multiple meetings as well as sufficient time to conduct outreach in between meetings should the City Council decide to move forward with one or more measures on the March 5, 2024 ballot.
It should be noted that the original direction from the City Council at the August 30, 2022 meeting included a request that a survey conducted by the Police Officers Association (POA) on the issue of an elected police chief be included prior to a decision being made to call for an election on the issue. That report is included as Attachment 3.
Charter Review Committee (CRC)
Scope of Work
Should the Council choose to utilize a CRC, a foundational step will be to make a final determination as to the scope of the proposed CRC. For example:
• Does the Council wish to focus the work of the CRC on a charter change for the position of Police Chief, the City Clerk or both?
• Does the Council wish to provide direction to the Charter Committee on who the Police Chief and/or City Clerk positions should be appointed by if not elected (e.g., the City Council or the City Manager).
The scope, discussion and public input process would then be focused on the actual charter amendment language related to whether one (or both) of these positions should be changed from elected to appointed positions.
Appointment Process
In the past, the Council has considered the following three processes when appointing CRC members:
Option 1 - Application Process Similar to Boards and Commissions
This option follows the process used to appoint potential committee members for other Boards and Commissions (e.g. Planning Commission). The communications and outreach plan would follow the same process used to seek Boards and Commission members and would also communicate clearly the specific role and scope of the CRC. The recruitment process would take approximately four weeks. Following an open recruitment process and verification of eligibility, formal committee appointments would be made at the July 18, 2023 Council meeting. Council would pre-determine the number of CRC members. Staff recommends that an odd number between 7 and 11 appointments be considered.
Option 2 - Mayor and Each Councilmember Nominates One Member, Approved by the Entire Council
This option would enable the Mayor and Council to each nominate one person for the CRC. All nominees would be formally appointed at the July 18 meeting by the full Council. The Council may, at its discretion, either elect to nominate each member at large or by district (with the Mayor’s appointment at large). If this option is selected, staff would request that the names of Council nominees be provided to the City Clerk no later than July 7, 2023. The Assistant City Clerk would then verify eligibility and place the appointment of CRC members on the July 18th Council agenda.
Option 3 - Another process as deemed appropriate by Council
The Council may choose to follow another process as deemed appropriate. An example of an alternative process might be a hybrid of Options 1 and 2. In this scenario, the Council may elect to each nominate one individual (7 members) with an additional 4 appointments selected from individuals who apply to serve through a recruitment process. If this Option is selected, staff would again request that the names of proposed members be submitted to the City Clerk no later than July 7, 2023 in order to allow for eligibility to be verified. Formal approval of all appointments would be made at the July 18, 2023 Council meeting.
Eligibility Requirements and Conflict of Interest
It is recommended that the Council follow the eligibility requirements for Boards and Commissions which provides that members be qualified electors of the City. Individuals interested in appointment to the CRC would be required to provide two forms of proof of residency (e.g. driver’s license, passport, utility bill, etc.) along with their application. The City Clerk’s Office would then be responsible for validating eligibility of potential applicants.
November 2024 Election
The City Council may also consider placement of measures on the November 5, 2024 ballot. The Council has expressed a particular interest in establishing an ongoing revenue stream to address the City’s backlog of significant unfunded operating, capital and infrastructure needs.
As general tax measures can only be placed on the ballot of a general election, it is recommended that the November 5 ballot be reserved for consideration of potential revenue measures. In the fall of 2023, staff will provide an updated study session on possible revenue measures for Council’s consideration. Based on Council’s direction at that time, additional voter research would be conducted and a coordinated community outreach and education process would be implemented to help inform the development of a formal measure to be placed on the November 2024 ballot.
Staff intends to retain consultant services to conduct voter research and public input processes to inform the City Council’s policy setting process on potential ballot measures for the November 2024 election.
Council Direction
Staff is seeking Council direction on the following issues:
1. Does the Council wish to consider proposed amendments to the City Charter that would change the positions of Police Chief and/or City Clerk from elected to appointed positions?
a. If yes, does the Council wish to consider these items on the March or November 2024 ballot at a projected cost of approximately $432,134 including costs associated with printing, translation services, publication of notices, and other related tasks?
2. If the Council chooses to proceed with a measure(s) to amend the City Charter, does the Council wish to establish a Charter Review Committee?
a. If yes, does this Council prefer Option 1, 2 or 3 with respect to the selection process?
3. If a Charter Review Committee is established, does the Council agree that the same eligibility requirements for Boards and Commissions should apply?
4. If the Council chooses to proceed with a measure(s), what is the proposed CRC scope of work?
a. Does the Council wish to focus the work of the CRC on a charter change for the position of Police Chief, the City Clerk or both?
b. Does the Council wish to provide direction to the Charter Committee on who the Police Chief and/or City Clerk positions should be appointed by if not elected (e.g., the City Council or the City Manager).
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 15478(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.
FISCAL IMPACT
The ROV has estimated the cost for two measures on the March 5, 2024 ballot to be approximately $362,000. In addition to this amount, the City would incur approximately $60,000-70,000 for costs associated with printing, translation services, the publication of notices, another other related costs for a total of approximately $432,000. It is important to note that this amount is an estimate only based on projected registration and available information. It is subject to change upon final billing of the actual charges after the election. If approved, budget amendments will be brought separately to the City Council for approval.
COORDINATION
This report has been coordinated with the City Clerk’s Office, the City Attorney’s Office and the City Manager’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 <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Do not proceed with a charter amendment for either the position of Police Chief or City Clerk.
2. If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process, including the establishment of a CRC, to consider an amendment to the City Charter on the March 5, 2024 ballot that would change the positions of Police Chief and/or City Clerk from elected to appointed positions with the scope, size and method of appointment for the CRC to be defined by the City Council.
3. If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process to consider an amendment to the City Charter but without a CRC.
4. Other direction as deemed appropriate by Council.
RECOMMENDATION
Recommendation
If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process, including the establishment of a CRC, to consider an amendment to the City Charter on the March 5, 2024 ballot that would change the positions of Police Chief and/or City Clerk from elected to appointed positions with the scope, size and method of appointment for the CRC to be defined by the City Council.
Staff
Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
1. Minutes of August 30, 2022 City Council meeting
2. RTC 22-858 re 030 Written Petition dated 6/24/22
3. POA Survey