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David Kahn presented the staff report. He stated the committee has 21 recommendations for Council this evening. Council will determine which recommendations they wish to bring forward to the ballot for voting by the electorate.
City Attorney Kahn turned the meeting over to the Charter Review Committee.
Diane McKenna, Chair of the Charter Review Committee, presented the committee’s recommendations.
Councilmember Moylan inquired if Council should ask questions as each item comes up for approval and Mayor Lee stated he will open the meeting to questions from Council on any of the recommendations.
Councilmember Moylan inquired as to how the committee viewed placement on the ballot of the Council-approved amendments, and McKenna stated the committee viewed all the recommendations as separate ballot items, with the exception of the housekeeping items, which could be bundled as one. She stated that political savvy is needed on how items are placed on the ballot and suggested Council receive consultation on proper placement. McKenna offered that the committee would welcome meeting with Council to explain how they viewed placement of the amendments on the ballot and stated the committee would also offer suggested language for the items.
Councilmember Swegles clarified with the committee that they are recommending a board or commission member may serve two terms on the same board or commission; however, either before their terms ends or at the end of their term, they may apply to serve on another board or commission. If appointed, they may serve an additional two terms on the new board or commission without a break. However, if they wish to serve on the same committee after two terms, they must wait two years to reapply to the same committee.
City Attorney Kahn stated during the 2005 election, the ability to serve on another board or commission after two terms on the same board or commission (without any waiting period) was approved by the electorate and became a part of the Charter. The change the committee is recommending would allow a board or commission member to serve on another board or commission at any time during their term, if they resign from the board or commission they are on, or if their term ends. City Attorney Kahn stated the committee also clarified that the term limit is two terms on the same board or commission. Should the member wish to continue serving a third term on the same board or commission, they would need to wait for two years to reapply.
Councilmember Howe asked McKenna what the committee felt constituted a meeting with regard to their recommendation for Council to convene for a minimum of 40 meetings a year. McKenna stated the committee’s intention was regular Council meetings.
Councilmember Howe inquired if the committee addressed the fact that Council would be able to change the one-year mayoral term to two years without a Charter amendment. McKenna stated the committee was aware that at any time Council could take the current mayoral term and extend it for another year, but in their research, they found that had occurred only two times. Committee member Larry Stone stated that the committee felt a two year mayoral term increases leadership identity, continuity and stability of leadership.
Councilmember Hamilton inquired if there was any discussion on the vice mayor position as it was left as a one-year term. McKenna stated most of the cities where the mayor serves a two-year term; the vice mayor rotated annually. She indicated this allowed more Councilmembers to have an opportunity to serve as vice mayor, which in turn could afford the opportunity to serve in the role of the mayor during an absence.
Councilmember Hamilton stated that Council had forgotten to request the committee look at the definition of a meeting. She inquired as to how the committee determined a minimum of 40 Council meetings per year. McKenna stated the Charter already requires a minimum of two meetings a month and the committee looked at increasing the number of meetings to ensure responsiveness to the community’s needs. The number was arrived at by subtracting 12 weeks (which the committee felt would cover time off for vacations, holidays and business travel) from the 52 weeks in a year. However, the committee felt if they were off on their figures, Council could make a correction to the number of meetings required. Councilmember Hamilton verified that if Council travels for City business, that week would not be counted as a meeting. McKenna stated the Charter defines a regular meeting as a regular Council meeting and that the committee interpreted that to be a meeting which is open to the public and allows for public input.
Councilmember Hamilton inquired if meetings such as the study issues workshop would be considered a meeting because it is an open public meeting; however, it is not held during a Tuesday night Council meeting. City Attorney Kahn stated the Charter references regular meetings as Tuesday night Council meetings. Councilmember Hamilton confirmed with City Attorney Kahn that meetings such as the budget and study issues workshops would not be included in the required number of meetings as proposed by this Charter amendment.
Councilmember Hamilton inquired why the committee recommended that their decision on offering paid leave should be a part of the Charter, yet recommended the granting of personal leave itself should be a Council decision made through resolution. Committee member Patricia Castillo answered that all the input they received from the community indicated there should not be any additional leave. McKenna stated the committee felt family leave should be addressed in the Charter with Council having the ability to excuse fellow Councilmembers for family leave. However, during public hearings, the consensus was that family leave should be unpaid as there are already four excused absences allowed which are paid. Castillo stated there was public concern that leave time could be abused.
Councilmember Hamilton inquired if the committee discussed that if a board or commission member moves from one position to a different board or commission during their term, a vacancy will exist in the position they left. McKenna stated the focus of the discussion was to allow Council the flexibility to appoint the person they perceive to have a particular talent to a particular board or commission. The committee assumed recruitment would occur for the vacancy that was left open.
Councilmember Chu stated requiring a minimum of 40 Council meetings seems high unless the special meetings are included in that number. Committee member Richard Napier stated that Council manages a 200 million dollar plus organization and the committee felt an organization of this size would merit a minimum of 40 regular meeting a year. McKenna stated the minimum number of Council meetings was recommended as a means of making the public accessible to the decisions of the Council.
Vice Mayor Spitaleri inquired via teleconference if there was a problem obtaining employee-nominated candidates for the Personnel Board. McKenna stated members of the Personnel Board testified before the committee they have not been able to meet for the last three months because they do not have a quorum.
Vice Mayor Spitaleri inquired about family leave issues (teleconference broadcast of audio was inaudible). City Attorney Kahn confirmed that elected officials (under current state law) are not treated as employees under the Family Leave Act.
Vice Mayor Spitaleri inquired about the committee’s budget recommendations (teleconference broadcast of audio was inaudible). Napier stated the committee had concerns that they wished to specify in the Charter and not allow flexibility to city managers to eliminate some aspects of the current long-term budgeting practice. Napier clarified for Vice Mayor Spitaleri that the recommendation to require a two-year budget, reviewed annually and projected out over 10 years, is to ensure that the practice of long-term budgeting continues.
Councilmember Chu inquired if the committee discussed the situation where if a commission member is serving on a board or commission that meets very infrequently, such as the Board of Building Code Appeals, could that person serve on another board or commission? Committee member David Simons stated the committee looked at this issue but did not want to treat one board or commission any differently than another, nor allow dual membership.
Public hearing opened 8:50 p.m.
Max Kaehn stated he is in support of an at-large election rather than voting for Council by seats. Councilmember Moylan confirmed that Kaehn understood Santa Clara County had not yet purchased the necessary software, but that it could be accessible to them.
Steve Chessin, President of Californians for Electoral Reform, stated he made a presentation to the Charter Review Committee and passed out a copy of his presentation to Council. He spoke in favor of instant runoff voting and proportional representation elections. Councilmember Chu inquired how Chessin would determine the threshold for a proportional representation election. Chessin stated the threshold is determined by how many seats are open. Two formulas are used; (one over the number of seats) and (one over one more than the number of seats) of the total number of votes that are cast. The latter (one over one more than the number of seats) is the recommended formula.
Councilmember Chu confirmed with Chessin that it is his understanding the cost of the software is built into the equipment contract held by the County of Santa Clara Registrar of Voters (ROV), and there would not be any additional charge for the software for instant runoff voting.
Councilmember Moylan confirmed with Chessin that both methods are ranked voting systems. A discussion ensued between Councilmember Moylan and Chessin over various voting methods.
Chessin stated he contacted City Attorney Kahn in November 2006 and was told the agenda and minutes were not available, as the committee was not subject to the Brown Act. Chessin stated when he met with the Charter Review Committee in January, City Attorney Kahn stated he was mistaken and the committee was subject to the Brown Act. Chessin pointed out that The Charter Review Committee report (page two) stated that notices and agendas were provided for all the Charter Review Committee meetings, but that is not accurate due to this error.
Gerald Gras stated he is in favor of choice voting or instant runoff voting.
Harriet Rowe stated her concern over non-paid maternity leave and suggested a possible incentive pay for attending a portion of the required meetings.
Yolanda Risch stated her opposition to a two-year mayoral term. She stated she agrees with the recommendation not to include family leave in the Charter.
Arthur Schwartz spoke in favor of choice voting.
Mayor Lee stated Werner Gans was unable to attend but had submitted written comments. Mayor Lee read Gans comments which stated that he agreed with all recommendations made by the Charter Review Committee with the exception of the two-year term for mayor. Gans stated a two-year term could be handled by a Council policy change (in order to test it for a number of years) and if it proves successful, then the two-year term could be added to the Charter.
Gans also suggested a study be performed to find the pros and cons of an at-large election. If successful, this option should be considered.
Public hearing closed 9:13 p.m.
Councilmember Moylan inquired if it was the intention of the committee that the board or commission member that applies for another board or commission would have to resign from their position first. Committee member Larry Klein stated the committee viewed this as a Council decision (understanding that all board and commission members serve the Council) as to who they think would be the best person for a given position. Councilmember Moylan confirmed that no level of commitment was given by the committee to step down from one commission before applying for another.
Councilmember Moylan inquired if the committee discussed the possibility of a board or commission member moving from a difficult-to-fill-position to what would be perceived as a more popular board or commission. This situation would require additional staff effort toward an additional recruitment, which could be timely if the vacancies start to open up on boards/commissions that are harder to fill. Councilmember Moylan restated his question, asking if the committee discussed whether the ability to move to a different board or commission would increase the amount of politicization and hierarchy than what currently exists. Committee member Laura Babcock stated she was against this recommendation for the reasons Councilmember Moylan mentioned. She stated it was her concern that the City would wind up with perpetual members who jump from one commission to another. However, the majority of the committee felt it should be Council’s prerogative to make the judgment as to whether the person applying would serve the City better in the position they are applying for as opposed to their current position. Councilmember Moylan asked if the committee considered that if no member is required to complete their term the members would be less dedicated because if they got bored, they could jump to another board or commission. McKenna stated currently there is not a requirement to complete one’s term. Councilmember Moylan agreed but stated that currently a member is not able to jump to another board or commission. McKenna stated it is quite clear that applicants tend to apply for boards or commissions that they are interested in and, in the past, she has not seen many requests to serve on a different board or commission, even after their terms have expired.
Councilmember Moylan stated that Sunnyvale is the largest city within the 15 cities in this county that does not directly elect its mayor, which is in direct conflict with the statement in the Charter Review Committee report. The committee report (page 16) states that the small size of the City of Sunnyvale is a factor against recommending a directly-elected mayor. McKenna explained the committee was identifying cities that directly elect mayors, such as Oakland, in comparison to Sunnyvale. Councilmember Moylan stated they left out some cities smaller than Sunnyvale that directly-elect their mayor as well. Councilmember Moylan inquired if there was an official size that the committee felt would warrant recommending a directly-elected mayor. McKenna stated the committee was not focused on that, rather they discussed the pros and cons of a directly-elected mayor.
Councilmember Moylan inquired as to what additional studies regarding proportional voting did the group feel would be necessary. McKenna stated the committee would have liked to have reviewed additional information from cities that have had success with this type of voting system in addition to the type of public acceptance that was received. Charter Review Committee member Geoff Ainscow stated the committee looked at these systems and found them to be very complex and hard to understand. Ainscow stated there are two issues at hand, the organization of the candidates, and the process of voting. The committee focused on the organization of the candidates (at-large, by seat or by district), not the process of voting. Overall, Ainscow feels the public prefers voting at-large, rather than by seat. Councilmember Moylan stated he prefers to stay away from using the term “at-large” due to its overall meaning and prefers the term “group.” Councilmember Moylan spoke about the pros and cons of running in a big group, and stated the reason he mentioned proportional voting is because he believes it cures the weaknesses of the group election system. He inquired if the group discussed that the mechanism fixes the drawbacks of one or two of the arrangements. Ainscow stated it was too complex and the committee did not discuss this in detail. Councilmember Moylan mentioned that perhaps chemists and physicists should debate this, as maybe it is too complex.
McKenna stated the voting systems were not that complex and the committee did look at comments from Chessin regarding proportional voting. McKenna stated she wished to correct the record by clarifying that Chessin came to a regular committee meeting, he did not have to wait to the end of the meeting for public comment, and he spoke for an hour and fifteen minutes, not fifteen minutes as he stated. McKenna stated the committee did not go into the minutiae, but they did understand the process. The committee’s focus really became an at-large versus by-seat recommendation for the election, which is what Council asked the committee to do.
Mayor Lee requested the manner in which to proceed for voting should be handled similar to how Council votes on the regular consent calendar. Mayor Lee called for the Council to remove items they wish to pull out of the overall vote as part of approving Alternative 2.
Councilmember Swegles pulled 2(a).
Councilmember Hamilton pulled 2(j), (k), and (o).
Councilmember Moylan pulled 2(c) and (l).
MOTION: Councilmember Chu moved and Councilmember Howe seconded to accept the Final Report of the Ad Hoc Charter Review Committee and direct staff to draft appropriate ballot language and resolution(s) to place the Charter Review Committee recommendations on the November 2007 (or subsequent) ballot for submission to the Sunnyvale electorate, or to accept the Committee recommendation that no Charter changes are required for some actions, (with the exception of 2(a), 2(c), 2(j), 2(k), 2(l), and 2(o).
VOICE VOTE: 7–0
Councilmember Swegles stated he pulled 2(a) because an additional four-year term for a Councilmember could allow a Councilmember to be more effective on the state and national committees on which they serve. He feels an additional term would be a benefit to the City.
Councilmember Swegles moved and Councilmember Howe seconded to approve a third term for Councilmembers (would provide a 12-year limit in a 16-year period).
Councilmember Moylan stated he will oppose this motion, as he does not believe it will pass, based on recent polling results for the state legislature, and adding this item could negatively affect the other Charter review amendments.
City Attorney Kahn explained to Councilmember Moylan that the substantive Charter amendments, such as term limits, or directly elected mayor, would go on the ballot separately, not as a group. Councilmember Moylan stated if amendments are included that could potentially infuriate voters that could spill over and damage some of the other Charter amendments.
Councilmember Hamilton stated she is not sure how she will vote and wondered if adding a third term might be perceived as Council voting themselves another benefit, although that is not how she perceives the addition of an additional term. She asked for comments from her colleagues.
Councilmember Chu stated he agrees with Councilmember Swegles but understands that the current sentiment of the population would not offer support for a third term. Councilmember Chu agrees that a third term could create the perception that Council is granting themselves an extra privilege. He will not support the motion.
Councilmember Howe wished to state for the record that he does not have any intention of running for a third term under any circumstance.
Councilmember Swegles added to his previous comments that if the two-year term for mayor receives voter approval, Councilmembers will not necessary have an opportunity to serve as mayor. Adding a third term will increase the chances to serve as Mayor.
Vice Mayor Spitaleri offered comments (inaudible).
Mayor Lee stated there is a perception issue with this issue and he will not support this motion.
VOICE VOTE: Motion fails 3-4 (Councilmember Moylan, Hamilton, Chu, Mayor Lee dissented)
MOTION: Councilmember Moylan moved and Councilmember Hamilton seconded to approve 2(a) Term Limits: The Committee recommends no change to the two successive term limits, but recommends a limit of eight years in a twelve year period (not including an unexpired term of less than two years).
VOICE VOTE: 4–3 (Councilmembers Swegles, Howe and Vice Mayor Spitaleri dissented)
Councilmember Moylan moved to replace 2(c) with no change to the Charter.
No second was received and motion died.
MOTION: Councilmember Howe moved and Councilmember Swegles seconded to approve 2(c) Boards and Commissions – Section 1002 (Appointments. Qualifications): Committee recommends additions to enable a member of a board or commission to serve on a different board or commission after the expiration of his/her term; or after his/her resignation prior to the expiration of his/her term. This amendment provides City Council with more flexibility to appoint members to boards and commissions in the City of Sunnyvale’s best interest.
Councilmember Hamilton wished to speak to Councilmember Moylan’s concerns over board and commission members moving to other boards or commissions. Members will not be able to move without Council approval and Council may choose at anytime not to grant a board or commission member’s request to change.
Mayor Lee stated that Council has the prerogative to decide who would be the most appropriate person to serve on a particular board or commission. Allowing this flexibility is the best way to obtain the number of citizens needed to serve on the City’s boards and commissions.
VOICE VOTE: 6–1 (Councilmember Moylan dissented)
MOTION: Councilmember Hamilton moved and Vice Mayor Spitaleri seconded to approve
2(j) with modification. 2(j) Maternity and Paternity Leave for Births and Adoptions – Section 603 (Compensation): The committee does not recommend that the Charter provide for family leave. However, the committee recommends an amendment that acknowledges the City Council’s ability to provide personal leave by resolution. Any additional leave days beyond four may be excused but shall be unpaid.
Remove: Any additional leave days beyond four may be excused but shall be unpaid.
Replace with: Any additional leave granted by resolution may be paid or unpaid at Council’s discretion.
Councilmember Moylan stated all the amendments are in jeopardy if any amendment is perceived to be self-serving regardless of how sympathetic the circumstances. Councilmember Moylan prefers to approve this item as recommended by the Charter Review Committee.
Vice Mayor Spitaleri offered comments in favor of the motion (inaudible).
VOICE VOTE: 5–2 (Councilmembers Moylan, Swegles dissented)
Councilmember Hamilton stated she pulled amendment 2(k) to add additional comments.
MOTION: Councilmember Hamilton moved and Councilmember Howe seconded to approve 2(k) with modification. 2(k) Two-Year Mayoral Term Instead of One Year – Section 605 (Presiding Officer. Mayor): The committee recommends amending the Charter to provide a two-year mayoral term instead of the current one-year mayoral term. The Vice-Mayor’s term should continue to be a one-year term.
with the addition: nothing would preclude a Vice Mayor from being reappointed at end of a one year term if appropriate.
McKenna stated that reappointment of the Vice Mayor is built into the Charter. Councilmember Hamilton stated it is not explicitly stated. Councilmember Hamilton restated her motion.
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