PRESENT:

Mayor Otto Lee

Vice Mayor Anthony Spitaleri

Councilmember John Howe

Councilmember Dean J. Chu

Councilmember Ron Swegles

Councilmember Melinda Hamilton

Councilmember Christopher Moylan

ABSENT:

None

STAFF PRESENT:

City Manager Amy Chan

Assistant City Manager Robert Walker

Senior Assistant City Attorney Kathryn Berry

City Clerk Gail Borkowski

1.A.

RESOLUTION

RTC 07-270

Resolution amending the Call of the November 6, 2007, Election pursuant to Elections Code Section 9605

Senior Assistant City Attorney Kathryn Berry stated that no staff report was prepared.

Werner Gans, Chair of the Personnel Board, but speaking on his own behalf, stated he has two concerns about Measure C. Gans stated the measure concerns two issues and should be split into two parts (A and B) for voting purposes.

Senior Assistant City Attorney Berry stated that any measure which is put on the ballot with the same subject matter (but has multiple parts) would not be in violation of the single-subject rule and can be allowed within the same measure. Senior Assistant City Attorney Berry explained that Council could direct staff to split the measure into two items if Council felt that as written it is confusing to the voters. However, both items within Measure C apply to the Personnel Board and are part of the same City Charter. 

Councilmember Hamilton questioned if these items were spilt out into two measures, would the City have to pay additional fees to the County Registrar of Voters (ROV). Senior Assistant City Attorney Berry stated the ROV calculates the cost based on direct and fixed costs. Breaking the measure into two would create additional expenses as it would require an additional translation, the ballot space to allow for arguments, and more paper may be used as the ballot would be longer. Assistant City Attorney Berry stated the cost per ballot page is $6,172.

Mayor Lee inquired as to the cost of a rebuttal and Senior Assistant City Attorney Berry stated her information is the same as what was presented to Council for consideration on May 22, 2007. Senior Assistant City Attorney Berry stated the rebuttals allow for 250 words per measure and the City has 11 measures. Senior Assistant City Attorney Berry stated ROV calculates that each rebuttal will take up approximately one page for the sample ballot. The per-page cost is $6,172; the rebuttals would run approximately an additional $68,000 to $69,000, and that cost is paid for from the City’s General Fund.

MOTION: Councilmember Howe moved, and Councilmember Swegles seconded, to approve  Alternative 1: Council adopts the Resolution of the City Council of the City of Sunnyvale Amending the Call for a Special Municipal Election for the Purpose of Submitting to the Voters Ten Measures to be Placed on the Ballot at the Consolidated Election to be Held in the City of Sunnyvale on November 6, 2007, and Requesting the Election Consolidation and the Services of the Registrar of Voters.

VOTE: 7- 0

COUNCIL:

None

STAFF:

None