Pass: 12,280 / 80.28% Yes votes ...... 3,017 / 19.72% No votes

See Also: Index of all Measures

     NO

Sunnyvale Charter Section 601 provides that the terms of newly-elected City Councilmembers start when the City Council certifies the election results (usually the last meeting in November or first meeting in December) but not later than the second meeting in December.

The proposed Charter amendment will start the terms of newly-elected Councilmembers at the first meeting in January following the election, and sets the first meeting in January after the November election as the date for the City Council to certify the election results, which meeting will be after the last day for the County to provide the certified election canvass.

Sunnyvale Charter Section 610 provides that all City Council meetings must start in the Council Chambers.

The proposed Charter amendment will allow the City Council to meet in Council Chambers or other locations, provided that the public is given notice.

Sunnyvale Charter Section 612 provides that the City Council shall judge election returns.

The proposed Charter amendment will allow the City Council to certify election returns, as authorized by state law, and adds a reference to Charter Section 602 which defines qualifications for a Councilmember.

Sunnyvale Charter Section 613 provides that the City Council can punish Councilmembers or citizens for disorderly conduct, and that the City Council directs the City Clerk to publish the meeting agendas and meeting minutes.

The proposed Charter amendment will allow the City Council to sanction Councilmembers or citizens for disorderly or improper conduct, require the City Clerk to publish agendas and minutes without the requirement of City Council direction, and will add the Internet or other new technologies as alternative methods of publication.

Sunnyvale Charter Section 703 provides that after adoption of an ordinance, the ordinance may be posted in 3 public locations.

The proposed Charter amendment will add a requirement to post the adopted ordinance on the City Website.

Sunnyvale Charter Section 708 provides that alternative procedures for publication of City legal notices may include posting, as permitted by law, if publication is not possible.

The proposed Charter amendment will add posting on the City Website as a method of alternative posting.

A "Yes" vote is a vote to amend Sunnyvale Charter Sections 601, 610, 613, 703 and 708 to start City Council terms at the first meeting in January after completion of the County election canvass, to allow properly noticed Council meetings in locations other than City Council Chambers, to certify election returns, to provide for sanctions for improper conduct during Council meetings, and to allow publication on the Internet.

A "No" vote is a vote not to amend Sunnyvale Charter Sections 601, 610, 613, 703 and 708.

You may access the full text of the measure on the City's website at the following website address: http://www.BallotMeasures.inSunnyvale.com.

/s/ David Kahn
    City Attorney

The above statement is an impartial analysis of Measure K. If you desire a copy of the measure, please call the elections official's office: Office of the City Clerk, telephone (408) 730-7483, located at 603 All America Way, Sunnyvale, California and a copy will be mailed at no cost to you.

Sunnyvale City Charter and Muncipal Code

Sunnyvale Times

If Measure K carries, the City Charter of the City of Sunnyvale shall be amended by amending Sections 601, 610, 612 and 613, of Article VI (The Council), and Sections 703 and 708, of Article VII (Ordinances and Legal Notices), to read as follows:

Section 601. Term and Election. Each member of the City Council shall be elected from the City at large at the General Municipal Election for a term of four years. The term shall commence as soon as the City Council certifies the election results but in no event later than the first Tuesday in December at the first regular meeting in January, at which the City Council shall certify the election results, and shall continue until a successor is elected and qualified.

The office of each member of the Council is a separate elective office to be separately filled at any election.

The person receiving the highest number of all the votes cast for a particular elective office at any election shall be deemed and declared elected to that office.

Each Council seat shall be designated by a number from 1 through 7 and shall be known as "Councilmember Seat Number......... ." The designation given to each elective office shall be used in all elections, nomination papers, certificates of election, and all other papers pertaining to such office, and to designate the incumbent of such office.

Seats numbered 1, 2, and 3 shall be filled at the General Municipal Election held in 1977 and every fourth year thereafter. Seats numbered 4, 5, 6, and 7 shall be filled at the General Municipal Election held in 1979 and every fourth year thereafter.

Section 610. Place of Meetings. All meetings shall be convened in the Council Chambers of the City Hall, or at such other location as has been legally noticed, but may be thereafter adjourned to such other location as may be selected by the City Council. All meetings of the City Council shall be open to the public; with the exception of closed sessions as authorized by law. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if he/she should fail to act, by four members of the City Council.

Section 612. Election and Qualification of Council Members. The City Council shall judge the qualifications of its members as required by Section 602 of the Charter and shall judge certify all election returns.

Section 613. Proceedings. The City Council shall establish rules for the conduct of its proceedings and punish any member or other person for disorderly conduct at any meetings may sanction members or other persons for disorderly or improper conduct at any meeting. It shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor.

The City Council shall direct the City Clerk to Clerk shall cause the publication, in a newspaper widely circulated within the city City, or on a City Website accessible through Internet or other appropriate technology, of items listed on the agenda prepared for regular meetings of the City Council which the City Clerk Manager shall deem of significance or of interest to the residents of Sunnyvale. Such publication or Internet distribution shall be in accordance with procedures which shall be established by ordinance of the City Council, and shall be designed to provide reasonable public notice in a manner which will permit current information to be disseminated widely within the city City. In addition, the City Clerk shall be directed to furnish the City Library with at least two (2) sets of packets containing materials in support of agenda items at the same time that such materials are made available to the members of the City Council; confidential or otherwise privileged materials shall be excluded therefrom. Nothing contained in this section shall prevent the City Council from taking action on any item not shown on such agenda, nor shall failure to comply with any provision of this section invalidate any action taken by the City Council.

The City Council shall cause the City Clerk to Clerk shall keep an accurate record of all its proceedings and, at the demand of any member, or upon the adoption of any ordinance or resolution for the payment of money, the City Clerk shall call the roll and shall cause the "ayes" and "noes" taken on any question, to be entered in the minutes of the meeting. In any event, the City Clerk shall keep such records and shall make such entries into the minutes of the meetings necessary for publication or Internet distribution in accordance with the provisions set forth below.

The City Council shall direct the City Clerk to Clerk shall cause the publication, or Internet distribution of the minutes of the regular and special meetings of the City Council or of the digest of those actions taken at such meetings which the City Clerk Manager shall deem of significance or of interest to the residents of Sunnyvale, excepting therefrom matters which may not be disclosed as a result of recognized legal privileges. Such publication or Internet distribution shall be in accordance with the procedures established by ordinance, pursuant to this section, for the publication of the City Council agenda.

Such publication or Internet distribution shall occur within a reasonable time after such meetings. The minutes or the digest of the actions taken, as hereinabove described, shall include but not be limited to a description of the items of the agenda acted upon in sufficient detail to inform the public of the nature of the action taken, the vote on such items and the names of the members of the Council voting for or against each item. Absences, together with abstentions and the reasons therefor shall also be published.

Section 703. Ordinances. Publication. The City Clerk shall cause each ordinance to be published at least once within fifteen (15) days after its adoption in accordance with procedures established by ordinance of the City Council for the publication of legal notices, or, as an alternative method of publication, the Council, in its discretion, may order copies of any ordinance to be posted in three (3) prominent places in the City and posted to the City Website using Internet or other appropriate technology, together with a single publication of a notice setting forth the date of adoption, the title of the ordinance and a list of the places where copies of such ordinance are posted.

Section 708. Publishing of Legal Notices. The City Council shall adopt, by ordinance, procedures for the publication of notices or other matter required, by law, to be published: Such procedures shall comply with such requirements of law as are binding upon chartered cities and, consistent with such laws, shall be designed to provide reasonable public notice, taking into consideration factors including, but not limited to, the desire to provide widespread dissemination of public notice, schedule of publication to ensure currency of notice, cost, and convenience. Such procedures may include alternative means of giving legal notice, such as posting, including posting to the City Website using Internet or other appropriate technology, where publication is not feasible and where such alternative methods are permitted by law. Such procedures may provide that failure to comply with the procedures shall not invalidate any action taken. Any reference in this Charter or any other provision of law to publication in the official newspaper shall be deemed satisfied by publication in accordance with the procedures established by ordinance pursuant to this section.