12/5/2023 Item 2
City Council Meeting
Item 2 - Action on a Resolution Calling for a
1852
Measures to the City Attorney to Prepare the
THE MISSION CIT Impartial Analyses and Designating the Parties Responsible for the Preparation of Ballot
Arguments
December 5, 2023
1 City of
Santa Clara
The Center of What's Possible
Background
Timeline Action
June 6, 2023 Council takes action to create 2023 Charter Review Committee (CRC) July 18, 2023 Council appoints CRC members and establishes a budget to support its work August - October, CRC holds 5 community meetings, hears public testimony, reviews prior history 2023 of the issue and receives expert testimony from incumbents & outside experts November 7, 2023 CRC presents an overview of its work with a recommendation that the City Council call for a special election in March 2024 to consider amendments to the City Charter that would provide for the positions of the City Clerk and Chief of Police to be appointed by the City Manager. Council accepts the CRC's report and, as a separate action, directs staff to schedule an item to consider calling a special municipal election for March 5, 2024 (as recommended by the CRC) on the City Council's December 5, 2023 meeting agenda
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POST MEETING MATERIAL
1 12/5/2023 Item 2
City of
Santa Clara
Charter Review Committee
Should the
Elected qualifications be
Should Positions of changed?
City Clerk/Chief of If any changes, Committee
Police Be Elected or propose 75 word Recommendations
Should the ballot language for each position
Appointed?
Appointed appointing authority
be the City Manager
or City Council
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City of
Santa Clara
The Center of What's Possible
Calling a Special Election
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12/5/2023 Item 2
City of
Santa Clara
The Center of What's Possible
Timelines
• For a Consolidated, Special Municipal Election on March 5, 2024:
City Clerk Registrar of Voters
Resolution Calling for Election, 12/8/23
Submission of Ballot Language &
Consolidation of Election
Arguments 12/11/23* 12/12/23*
Rebuttals 12/18/23* 12/19/23*
Impartial Analysis 12/18/23* 12/19/23*
*All documents are due by 5 pm in the respective offices. As noted at the November 7th City Council meeting, the decision to place this item on the December 5 agenda will reduce the time normally available to meet ROV deadlines. ROV deadlines are non-negotiable. 5 City of
Santa Clara
The Center of What's Possible
Proposed Ballot Questions
CITY OF SANTA CLARA MEASURES
Measure #1: Shall an amendment to the City Charter providing that Yes the City Clerk position be appointed by the City Manager be adopted?" No
Measure #2: Shall an amendment to the City Charter providing that Yes the Chief of Police position be appointed by the City Manager be adopted? No
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12/5/2023 Item 2
City of
Santa Clara
The Center of What's Possible
Ballot Arguments
• 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
- Limit of 5 signatures
- Council (max of 3)
- Delegation to Mayor
- No Designation; City Clerk shall select one of the arguments in adherence to Elections Code Section 9287
• Due to City Clerk: December 11, 2023, 5 pm
• Due to Registrar of Voters: December 12, 2023, 5 pm
7 City of
Santa Clara
The Center of What's Possible
Rebuttals
• Due to the City Clerk: December 18, 2023, 5 pm
• Due to Registrar of Voters: December 19, 2023, 5 pm
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12/5/2023 Item 2
City of
Santa Clara
The Center of What's Possible
Impartial Analysis
• Election Code Section 9280
• City Council may direct City Clerk to provide the proposed measure to the City Attorney for purposes of preparing an impartial analysis of the measure of no more than 500 words showing the effect of the measure on the existing law and the operation of the measure
• Due to the City Clerk: December 18, 2023, 5 pm
• Due to Registrar of Voters: December 19, 2023, 5 pm
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City of
Santa Clara
The Center of What's Possible
Cost
• The Registrar of Voters has provided an estimated cost of $362k for a special election with two measures
• An additional $70k will be needed to support printing, translation services, publishing of notices and other related costs • Funding for these expenses (total of $432k) is available in the FY 23/24 budget
• City may only use public funds on communications that provide impartial information about the subject matter of a ballot measure and only if the communications provides a "fair presentation of facts" that is informational rather than 10 promotional
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12/5/2023 Item 2
City of
Santa Clara
The Center of What's Possible
Next Steps - City Clerk
Does the Council wish to proceed with submitting a ballot measure to amend the City Charter to make the City Clerk position appointed by the City Manager? Adopt a Resolution for Consolidated Special Municipal Election As Recommended by CRC? Submit to ROV by 12/8/23
Ballot Arguments - Max of 5 individuals; no more than 3 Councilmembers; Submit to Clerk 12/11/23, 5 pm; ROV 12/12/23
Rebuttal Arguments
Submit to Clerk 12/18/23, 5 pm: ROV 12/19/23
Impartial Analysis
11 Submit to Clerk 12/18/23, 5 pm; ROV 12/19/23
11 City of
Santa Clara
The Center of What's Possible
Next Steps - Chief of Police
Does the Council wish to proceed submitting a ballot measure to amend the City Charter to make the Chief of Police position appointed by the City Manager? Adopt a Resolution for Consolidated Special Municipal Election As Recommended by CRC? Submit to ROV by 12/8/23
Ballot Arguments - Max of 5 individuals; no more than 3 Councilmembers; Submit to Clerk 12/11/23, 5 pm; ROV 12/12/23
Rebuttal Arguments
Submit to Clerk 12/18/23, 5 pm; ROV 12/19/23
Impartial Analysis 12
Submit to Clerk 12/18/23, 5 pm; ROV 12/19/23
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12/5/2023 Item 2
City of
Santa Clara
The Center of What's Possible
Action
• Based on the recommendation of the CRC and the input received from the City Council on November 7, 2023, should the City Council desire to proceed with the ballot measure(s), staff recommends that the City Council...
- Adopt a resolution calling for a Special Municipal Election to be held in the City of Santa Clara on Tuesday, March 5, 2024, for the purpose of submitting to the voters two ballot questions related to the positions of City Clerk and Chief of Police; requesting consolidation with the County of Santa Clara Presidential Primary Election and requesting election services from the County of Santa Clara Registrar of Voters; directing the City Clerk to transmit the measures to the City Attorney to prepare the impartial analyses; designating the parties responsible for the preparation of ballot arguments; and approval of the draft amendments to the Santa Clara City Code to incorporate the proposed changes if the measure(s) are 13 approved by the voters
13 City of
Santa Clara
The Center of What's Possible
Questions?
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7 12/5/2023
Item #2
Melissa Lee
From: MG <[email protected]>
Sent: Tuesday, December 5, 2023 12:43 PM
To: Clerk; Mayor and Council
Cc: Raj Chahal
Subject: Agenda Item 23-1295: Reject Proposal to Appoint Police Chief and City Clerk Dear Mayor & City Council Members,
I am writing to express my strong opposition to the proposal to remove the right of Santa Clara residents to vote for the Police Chief and City Clerk. This proposal lacks clear public support and raises serious concerns about the validity of the recent City Charter survey.
The survey was demonstrably skewed in favor of removing voting rights due to the participation of unregistered respondents. These respondents, who could be individuals or bots capable of voting multiple times, have undermined the integrity of the survey results and rendered them unreliable.
The City Charter enshrines the fundamental right of Santa Clarans to elect the Police Chief and City Clerk, a right I believe is essential for ensuring democratic representation, community trust, and transparency in our local government.
Therefore, I urge you to reject this proposal without hesitation and uphold the right of Santa Clara residents to choose their own Police Chief and City Clerk. This fundamental right ensures that these vital positions are held by individuals who are directly accountable to the community they serve.
Thank you for your time and consideration.
Sincerely,
Michael Guiffre
1753 Wade Avenue
Agenda Item 23-1295: Action on a Resolution Calling for a Special Municipal Election and Ordering Consolidation with the Santa Clara County Presidential Primary Election on March 5, 2024 for the Purposes of Submitting to the Voters Proposed Charter Amendments That would Make the City Clerk and Chief of Police Positions Appointed by the City Manager, as well as, Directing the City Clerk to Transmit the Measures to the City Attorney to Prepare the Impartial Analyses and Designating the Parties Responsible for the Preparation of Ballot Arguments
POST MEETING MATERIAL
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