CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: {{section.name}} Account Number: 10-1711 File ID: {{item.tracking_number}} TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: May 6, 2024
SUBJECT: Charter Amendments – Public Hearing
RECOMMENDATION:
Hold a public hearing regarding proposed City Charter amendments addressing how the Mayor is chosen, how vacancies on the City Council are filled, district elections, and other revisions.
BACKGROUND:
At its Fiscal Year 2022-23 Goal Setting, the City Council directed staff to review and update the City Charter related to district elections, mayoral rotation, and filling Council vacancies. In addition, staff is proposing other miscellaneous changes to the Charter where warranted, in the interests of removing or modifying outdated language. This is explained later in this report. After holding a study session on July 17, 2023 regarding board and commission qualifications and compensation, the Council held further study sessions on October 16, 2023, January 2, 2024, and March 4, 2024 to go over proposed Charter amendment language. Each of the agreed-upon revisions are described below, and the full text is included as Attachment 1. The first of two public hearings was held on April 1, 2024, where an overview of the draft amendments was discussed, along with the proposed division of amendments between two different ballot measures. The explanations that follow each proposed amendment are largely from prior study session staff reports that addressed these topics.
As noted during the March 4 and April 1 Council meetings, staff will ask the City Council whether to place Charter amendments on the ballot in November 2024 or November 2026, in light of a potential amendment to Measure Y on the November 2024 ballot. That discussion will occur at the May 20, 2024 meeting.
DISCUSSION:
As previously discussed, staff recommends that amendments should be divided into two separate ballot measures, as set forth below.
PROPOSED BALLOT MEASURE NO. 1
A. Filling Council Vacancies
Existing Charter Language (Sec. 2.08) Proposed Charter Language
A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 days after the same occurs, then such vacancy shall be filled by the mayor. The
A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 60 days after the same occurs, then the city clerk shall call a special election at
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appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the
unexpired terms, and the same shall be conducted
substantially in the manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.
once to fill such vacancy such vacancy shall be filled by the mayor. The An appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for
general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.
By replacing the phrase, “the mayor” with text calling for a special election, the draft wording would remove the authority of the Mayor to fill vacancies and instead send the decision to the voters, if the Council is unable to decide within the allotted time. Notably, in 1983 Measure C was submitted to the voters that would have accomplished the same purpose with somewhat different wording, but that measure failed by a 46.4% to 53.6% vote.
The time for the Council to decide on filling a vacancy would also be increased from 30 to 60 days. This is important because if a vacancy occurs due to a Councilmember being elected to another office, that will likely occur in November.
The existing 30-day period would then expire in December during the holiday season. Extending the period to 60 days would allow for increased outreach to the community and a more deliberate application, interview, and selection process.
The Council would also have more time to weigh the benefits and drawbacks (such as expense) of a special election, versus deciding to fill the vacancy after extensive community input.
Finally, the draft language eliminates text allowing candidates receiving the most votes to serve the longer of unexpired terms (and addressing tie votes) where a majority of the Council seats become vacant. Following the shift to district elections, candidates would no longer run for one of several at-large seats and would instead run for a single seat in their district. Thus, the current language is no longer necessary.
B. Mayoral Rotation / Start Time for Council Meetings
Existing Charter Language (Sec. 2.09) Proposed Charter Language
The council shall meet at the first regular council meeting in December following a general municipal election and
canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor. The regular meetings of the council shall be held on the first and third Monday of each month not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time certain, which
adjourned meeting shall be a regular meeting for all
purposes. The council may, in its discretion, change the date of any regularly scheduled Monday council meeting
which would fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly
scheduled Monday council meeting.
(a) The council shall meet at the first regular council meeting in December following a general municipal
election and canvass the returns thereof. The new
members shall then be inducted into office, whereupon
the council shall elect the mayor and deputy mayor
without continuing such action to a future date and time absent a unanimous vote of the Council, or a fire, flood, or other disaster.
(b) The selection of the mayor and deputy mayor shall
follow a rotational sequence as further specified by
ordinance. The first person in the sequence shall be
selected as mayor and the second person in the sequence shall be selected as deputy mayor. Except however, a
council member may decline to serve as mayor or deputy
mayor, in which case the office would pass to the next
council member in the rotation, and the council member
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who declined would drop back one position. The
rotational list shall be kept by the city clerk.
(c) The regular meetings of the council shall be held on the first and third Monday of each month at a time
specified by resolution not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time
certain, which adjourned meeting shall be a regular
meeting for all purposes. The council may, in its discretion, change the date of any regularly scheduled Monday
council meeting which would fall on a holiday or other
inconvenient day to the nearest convenient day
subsequent to the regularly scheduled Monday council
meeting.
The proposed language would remove 6:30 p.m. as the start time for Council meetings and simply allow the time to be determined by resolution. Note this represents a change from prior draft language that referenced an ordinance, because a resolution will provide the Council with more flexibility.
Regarding the mayoral rotation, the proposed language would address both the procedure and substance of selecting a mayor and deputy mayor. First, as previously proposed, it would require the Council to select a Mayor at the first regular meeting in December and would prohibit continuing the action to a future date, as specified. But additional changes are proposed to codify the key aspects of the Council Guidelines, namely to frame the process of selecting a Mayor and Deputy Mayor as a ministerial act by strictly following a rotational sequence. In order to avoid a lengthy Charter section, the proposed language states that the details are to be specified in an ordinance. The ordinance would generally include the following provisions from the Council Guidelines:
1. After serving as mayor, that council member moves to the end of the rotation sequence, and the other four council members move forward.
2. When a council member is newly elected or appointed (as the result of a cancelled election), that new council member goes into the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.
3. If two or more council members are newly elected or appointed at the same time, the newly elected or appointed council members shall draw lots to determine their position relative to one another in the rotational sequence.
4. If a council member is appointed to fill a mid-term vacancy, that council member will go to the bottom of the rotational list.
5. Incumbent council members, when re-elected, do not begin anew at the bottom of the list, but rather retain their placement in the rotation.
6. If for any reason, such as death, resignation, recall, or not seeking re-election, a council member is removed from the rotation, the remaining council members move forward in the sequence.
Chapter 5 of the Council Guidelines contains the current policy and can be found here.
C. Board and Commission Member Eligibility
Existing Charter Language (Sec. 6.05) Proposed Charter Language The members of all boards and commissions created by
ordinance or by this Charter shall be appointed by the
council, and shall at the time of appointment and while serving possess the same qualifications as required by this Charter for election or appointment to the council.
The members of all boards and commissions created by
ordinance or by this Charter shall be appointed by the
council, and shall at the time of appointment and while serving possess the same qualifications as required by this
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Charter for election or appointment to the council be a resident of the city at least 18 years of age.
This language would allow non-citizens to serve on boards and commissions, such as lawful permanent residents. It would also require board and commission members to be City residents at least 18 years of age, consistent with Senate Bill 225 (2019). At the March 4, 2024 study session, the City Council elected to not pursue Charter amendments that would have allowed non-residents to serve and would have allowed compensation for members of boards and commissions. The portion of Section 6.05 proposed to be amended is shown in the chart above, and the full text is set forth in Attachment 1.
PROPOSED BALLOT MEASURE NO. 2
The draft Charter amendments in this measure would consist of changes reflecting the switch to district elections and other non-controversial revisions, as shown below.
A. District Elections
Existing Charter Language (Sec. 2.01(a)) Proposed Charter Language There shall be a city council of five members elected by the voters of the city at large.
There shall be a city council of five members elected by the voters of the city at large by districts. Any recall election or special election or appointment to fill a
vacancy shall also be by district. Following each
decennial federal census, and at other such times as
provided by law, the city council shall, by ordinance,
adopt boundaries for all council districts so that all of the districts shall comply with state and federal law.
The members of the Council are now elected by district rather than at large, following a 2021 demand letter claiming a violation of the California Voting Rights Act and a change in City electoral practices. The district election process is also codified in the San Mateo Municipal Code. The additional proposed language clarifies that a redistricting process will occur every ten years, consistent with state and federal law, and that an appointee to fill a vacancy must live in the same district as the Councilmember who vacated the seat at issue.
B. Councilmembers Elected in 2017
Existing Charter Language (Sec. 2.01(d).) Proposed Charter Language Provisions applicable to the councilmembers
elected at the general municipal election held in
2015 and the councilmembers elected at the
general municipal election held in 2017.
1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.
2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
Provisions applicable to the councilmembers
elected at the general municipal election held in
2015 and the councilmembers elected at the
general municipal election held in 2017.
1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.
2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
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commencing on the first regular council
meeting in December 2017 until the general
municipal election held in 2022.
3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to even-
numbered years, as approved by the voters
of city in the general municipal election held
in 2017.
commencing on the first regular council
meeting in December 2017 until the general
municipal election held in 2022.
3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to even-
numbered years, as approved by the voters
of city in the general municipal election held
in 2017.
This Charter provision was added by the voters in 2017 in order to comply with Senate Bill 415 (SB 415) (2015). SB 415 required cities to realign their elections to even numbered years if prior odd-year elections had resulted in a significant decrease in voter turnout. The City’s 2017 ballot measure did so, also extending the terms of Council members elected in 2015 and 2017 by one year to facilitate this goal. It passed by a vote 81.4% to 18.6%. However, the terms of office for Council members elected in 2015 and 2017 have now ended (as of 2022 for the latter), and this language is no longer needed. Charter Section 2.01(c) provides for the staggered election of Councilmembers in 2020 (two seats) and 2022 (three seats), and even-numbered years thereafter, for a term of four years.
C. Publication and Expiration of Emergency (Urgency) Ordinances Existing Charter Language (Sec. 2.16) Proposed Charter Language Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. Every such
ordinance, except one for emergency
appropriations or calling an election, shall
automatically stand repealed as of the ninety-first
day following the date on which it was adopted, but
this shall not prevent reenactment of the ordinance
if the emergency still exists.
Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. In lieu of
publishing the full text of an emergency ordinance,
a summary thereof may be published in the same
manner as other ordinances. Every such ordinance,
except one for emergency appropriations or calling
an election, shall automatically stand repealed as of
the ninety-first day following the date on which it
was adopted, but this shall not prevent
reenactment of the ordinance if the emergency still
exists.
The draft language would allow for the publication of a summary of an emergency ordinance (more commonly known as an urgency ordinance). Currently, the Charter does not allow publication of a summary, and therefore the entire urgency ordinance must be published in the newspaper. This change would result in modest cost savings, but more importantly would allow for the same flexibility in publishing urgency ordinances that exists for standard ordinances under Charter Section 2.15(d).
Furthermore, this proposal would eliminate language requiring the automatic repeal of urgency ordinances on the 91st day after adoption. This language was not part of the original 1922 Charter and was added in 1970. The circumstances
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requiring the urgency ordinance would not necessarily have been resolved approximately three months after adoption.
Eliminating this text would not prevent the Council from affirmatively repealing an urgency ordinance as appropriate.
D. Verified Statement of Candidates
Existing Charter Language (Sec. 7.04) Proposed Charter Language (a) No earlier than the first day, and no later than
the last day, specified or provided under state
law for the filing of nomination papers by any
candidate for elective municipal office in
general law cities, as such law shall be in effect
on the first day of January next preceding the
municipal election, each candidate for an
elective office shall file with the city clerk a
statement containing the following information
in the order herein set forth:
1. His/her name;
2. The office for which he/she is a candidate;
3. His/her present residence and occupation;
4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;
5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;
6. The public offices he/she ever held, if any, as
principal, deputy or employee;
7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;
8. The length of time he/she has been a resident
in the city;
9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;
(a) No earlier than the first day, and no later than
the last day, specified or provided under state
law for the filing of nomination papers by any
candidate for elective municipal office in
general law cities, as such law shall be in effect
on the first day of January next preceding the
municipal election, each candidate for an
elective office shall file with the city clerk a
statement containing the following information
in the order herein set forth:
1. His/her name;
2. The office for which he/she is a candidate;
3. His/her present residence and occupation;
4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;
5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;
6. The public offices he/she ever held, if any, as
principal, deputy or employee;
7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;
8. The length of time he/she has been a resident
in the city;
9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;
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10. The names of not more than 15 residents
who know something of his/her character and
abilities;
11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements above-
mentioned shall exceed 100 words in length.
(d) The failure to submit the statement or other
information shall not disqualify the candidate.
10. The names of not more than 15 residents
who know something of his/her character and
abilities;
11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements above-
mentioned shall exceed 100 words in length.
(d) The failure to submit the statement or other
information shall not disqualify the candidate.
The language proposed for elimination originally appeared in the 1922 Charter and has only undergone minor changes over the years. As the Council is well aware, the manner in which election campaigns are conducted has vastly changed over the last century. Instead of a statement with the prescribed information constituting a significant source of information for the voters, other sources of information are much more commonly used during an election campaign, such as Internet websites with written material and videos, social media, and other sources. Candidates may also submit a statement to be included in a voter information guide that is distributed to voters. This existing provision is thus outdated and is appropriate for removal, subject to voter approval.
E. Miscellaneous Charter Revisions
Staff is also proposing miscellaneous “clean-up” revisions to the Charter, namely adding gender neutral language where needed, lettering paragraphs and adding commas where appropriate, and correcting a typo (in Section 9.07 where “within” was inadvertently separated into two words). The full text of proposed Charter Amendments is set forth in Attachment 1.
CHARTER AMENDMENT PROCESS
Under state law, the City Council may propose a charter amendment and submit it to the voters at the next statewide general election, at least 88 days before the election. Govt. §34458(a). The charter amendment will not be adopted until it is approved by a majority vote. Before approving the submittal of a charter amendment to the voters, the City Council must hold at least two public hearings, with published and posted notice, at least 21 calendar days prior to the date of each public hearing. Govt. §34458(b). April 1 was the first public hearing.
Tonight is the second public hearing, which is being held at least 30 days after the first public hearing, as required. At least one of the two hearings must be held outside of normal business hours to facilitate public participation. Govt. §34458(b).
In this case, both public hearings met that requirement. The Council cannot vote on whether to approve submitting the proposal to the voters until 21 days after the second public hearing. Govt. §34458(b). The Charter amendment must also
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be filed with the California Secretary of State and must be published in the official state statutes. Govt. §34461.
Below is the schedule that builds in a buffer between the projected date of submittal to the voters and the statutory deadline of 88 days before the election. This will allow for better coordination with the County Elections office and an additional Council meeting, if necessary.
Council Meeting Schedule – Charter Amendments
Dates Purpose
October 16, 2023 Council Study Session – completed
January 2, 2024 Council Study Session – completed
March 4, 2024 Council Study Session – completed
April 1, 2024 First Public Hearing – completed
May 6, 2024 Second Public Hearing – tonight
June 3, 2024 Council submits measure to voters
August 9, 2024 88 days before election
November 5, 2024 Election Day
As noted at the outset of this report, it is possible that the Charter amendments may be put before the voters in November 2026 rather than November 2024, subject to direction from the City Council. Staff will return to the Council to receive direction on May 20, 2024 in connection with the results of polling activities by the City’s consultants.
BUDGET IMPACT:
There is no budget impact associated with this study session. Should the Council direct staff to pursue further action on charter amendments, further analysis and scoping will be required. Hiring a ballot measure consultant and polling consultant will likely cost approximately $52,300. Note that consistent with state law, no public funds can be used to advocate for or against a ballot measure. Instead, these funds would be used for polling and education and information to determine how each measure should be formulated. Finally, placing each measure on the ballot at the consolidated November 5, 2024 election will also cost approximately $100,000.
ENVIRONMENTAL DETERMINATION:
This public hearing is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
Before approving the submittal of a charter amendment to the voters, the City Council must hold at least two public hearings, with published and posted notice, at least 21 calendar days prior to the date of each public hearing. Govt. §34458(b). The public hearing notice was published on March 29, 2024 in the San Mateo Daily Journal.
ATTACHMENTS
Att 1 – Proposed Charter Amendments – Tracked Changes
LINKS
City Charter
City Council Guidelines
July 17, 2023 Study Session
October 16, 2023 Study Session
January 2, 2024 Study Session
March 4, 2024 Study Session
April 1, 2024 Public Hearing
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STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020