Pass: 11,600 / 75.52% Yes votes ...... 3,760 / 24.48% No votes

See Also: Index of all Measures

     NO

Sunnyvale Charter Section 803 provides that the City Manager can make rules and regulations for "administrative offices departments... ."

The proposed Charter amendment will correct the inadvertent grammatical error omitting the word "and" so the language will be "administrative offices and departments... ."

Sunnyvale Charter Section 804 provides that the City Manager appoints a temporary city manager during a temporary absence or disability of the City Manager.

The proposed Charter amendment will clarify that appointment of a temporary city manager is required when the City Manager's absence or disability exceeds two weeks.

Sunnyvale Charter Section 806 provides that the City Manager is appointed by the City Council and may be removed by a majority vote.

The proposed Charter amendment will clarify that removal of the City Manager may be with or without cause.

Sunnyvale Charter Section 903 provides that the City Clerk has specified duties, including attending council meetings, keeping minutes, and responsibility for City elections.

The proposed Charter amendment specifies that the City Clerk is appointed by the City Manager and is subject to the supervision of the City Manager.

Sunnyvale City Charter Section 908 provides that the City Attorney serves at the pleasure of the City Council, can be removed by a majority vote of the Council, and has control of City legal business.

The proposed Charter amendment will clarify that removal of the City Attorney may be with or without cause, and that no City employee can hire outside legal counsel for City business without the approval of the City Attorney.

Sunnyvale Charter Section 1309 provides that a public works contract shall be given to the lowest responsible bidder. A responsible bidder is a bidder capable of satisfactory completion of the public works project.

The proposed Charter amendment will add that the low bidder must be responsive, a separate requirement of fully responding to all of the technical bid specifications and submission requirements listed in the bid.

A "Yes" vote is a vote to amend Sunnyvale Charter Sections 803, 804, 806, 903, 908 and 1309 to correct a grammatical error, clarify that an acting city manager is appointed when the City Manager is absent for more than two weeks, clarify that the City Manager and City Attorney can be removed with or without cause, clarify that the City Clerk is appointed by the City Manager, require City Attorney approval for outside attorneys to work on City business, and require that a public works bidder be responsive to the bid specifications.

A "No" vote is a vote to not amend Sunnyvale Charter Sections 803, 804, 806, 903, 908 and 1309.

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 L. 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 L carries, the City Charter of the City of Sunnyvale, shall be amended by amending Sections 803, 804 and 806, of Article VIII (City Manager), and Sections 903 and 908, of Article IX (Officers and Employees), to read as follows:

Section 803. Rules and Regulations. The City Manager may prescribe such general rules and regulations as he/she may deem necessary or expedient for the general conduct of the administrative offices and departments of the City under his/her jurisdiction.

Section 804. Manager Pro Tempore. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager for a period exceeding two (2) weeks.

Section 806. Removal of the City Manager. The City Council shall appoint the City Manager for an indefinite term and may remove him/her, with or without cause, by a majority vote of its members.

Section 903. City Clerk. Powers and Duties. The City Clerk shall have the power and be appointed by the City Manager and, subject to supervision and direction from the City Manager, be required to:

(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose;

(b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter;

(c) Maintain separate books, in which a record shall be made of all written contracts and official bonds;

(d) Keep all aforementioned books properly indexed and open to public inspection when not in actual use;

(e) Be the custodian of the seal of the City;

(f) Administer oaths or affirmations, take affidavits, and depositions pertaining to the affairs and business of the City, and certify copies of official records; and

(g) Have charge of all City elections.

Section 908. City Attorney. There shall be a City Attorney appointed by the City Council. The City Attorney shall serve at the pleasure of the City Council and may be removed, with or without cause, by motion of the City Council adopted by at least four affirmative votes. To become eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the practice of law for at least three seven years prior to his/her appointment. The City Attorney shall have power and be required to:

(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;

(b) Represent and appear for the City, its Council, boards and commissions, in any or all legal actions or proceedings in which they or any of them are concerned or are a party.

Upon request of a current or former officer or employee of the City, defend such officer or employee in any legal action or proceeding brought against him/her, in his/her official or individual capacity, or both, on account of an act or omission in the scope of his/her employment as an officer or employee of the City, whenever the City is required by the General Laws of the State of California to provide such defense or whenever the Council elects to provide such defense even though not required to so do. Provided, however, that the City Attorney may refuse to provide such defense whenever, in his/her opinion, his/her providing such defense would conflict with his/her other duties or responsibilities, in which event the City, if required by the General Laws of the State of California to provide such defense or if it elects to provide such defense though not required by the General Laws to do so, shall provide other legal counsel for such purpose.

(c) Attend meetings of the City Council and give his/her advice or opinion in writing or appropriate electronic format whenever requested to do so by the City Council, or by any of the boards or officers of the City;

(d) Approve the form of all bonds given to and all contracts made by the City, endorsing his/her approval thereon in writing;

(e) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto;

(f) Prosecute on behalf of the people all criminal cases for violation of this Charter and of City ordinances;

(g) On vacating the office, surrender to his/her successor all books, papers, files and documents pertaining to the City's affairs;

(h) Perform such other legal functions and duties incident to the execution of the foregoing powers as may be necessary, and perform such other legal services as may be required by the City Council, or imposed by law.

The City Attorney shall have control of all legal business and proceedings and, subject to contracting requirements and budget constraints, may employ other attorneys, appraisers and other technical and expert services to assist with or to take charge of any litigation or matter. No City employee may retain or contract with outside legal counsel for City business without the prior approval and supervision of the City Attorney.

Section 1309. Contracts on Public Works. Every project involving an expenditure of more than an amount to be determined from time to time by ordinance of the City Council, for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, shall be let to the lowest responsive and responsible bidder after notice of publication in the official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids.

The City Council may reject any and all bids presented and may re-advertise in its discretion.

The City Council, without advertising for bids, or after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after adoption of a resolution to this effect by at least four affirmative votes it may proceed to have said work done in the manner stated, without further observance of the provisions of this section. Such contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the facts constituting such urgency.

No advertising for bids or awarding of a contract based thereon shall be required when the improvement or work is to be furnished or performed by a public utility subject to the jurisdiction of the California Public Utilities Commission.