REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Discussion and Request for Direction on a Comprehensive City Charter Update Process for Presentation to the City Council (DEFERRED FROM MARCH 3, 2025)
Report
BACKGROUND
The Santa Clara City Charter (“City Charter”) operates like the City of Santa Clara’s constitution. The City Charter can only be adopted, amended, or repealed by a majority vote of the City’s voters.
Since its adoption in 1951, the City Charter has been amended multiple times, most recently in 2022. For the most part, such amendments have been piecemeal, targeting just one or two areas, most commonly the rules for elected officials. There was one comprehensive Charter update that was proposed and passed back in 2000, but the changes were relatively minor, and there has been no comprehensive update since that date.
Since 1952, a lot has changed in the laws that apply to cities and in what are considered “best practices” for how city governments operate. The City itself has also grown and changed. City staff’s experience with implementing the Charter over the years has also revealed inefficiencies and ambiguities in existing City Charter provisions.
In order to make the City Charter consistent with current laws and best practices, improve City efficiency and eliminate ambiguities, City staff is proposing that the City consider engaging in a comprehensive Charter update process for presentation to the City’s voters in 2026. This item presents this proposal to the Governance and Ethics Committee for your input and recommendation.
DISCUSSION
The City Charter in General
The City Charter acts like the “constitution” for the City of Santa Clara. In general, the City Charter establishes the City’s authority over “municipal affairs,” provides for a Council/Manager form of government, provides the qualifications and process for electing and appointing certain City officials, assigns duties among those officials, sets up the process for City Council meetings and the process for the adoption of resolutions and ordinances, provides for the creation of certain Boards and Commissions, and provides rules for the City’s fiscal management, public works and procurement practices. A copy of the current City Charter is provided (Attachment 1).
History of Amendments to the Charter
Since its adoption in 1951, the City Charter has been amended multiple times, most recently in 2022. A list of these amendments, along with proposed amendments that were rejected by the voters, has been complied by the City Clerk’s office and attached to this report. (See Attachment 2). There was a one comprehensive Charter update that was proposed and passed back in 2000, but the changes were relatively minor, and there has been no comprehensive update since that date.
Reasons to Support a Comprehensive Charter Update
Since 1952 (and even 2000), a lot has changed in the laws that apply to cities and in what are considered “best practices” for how city governments operate. The City itself has also grown and changed. City staff’s experience with implementing the Charter over the years has also revealed inefficiencies and ambiguities in existing City Charter provisions.
In order to make the City Charter consistent with current laws and best practices, improve City efficiency and eliminate ambiguities, City staff is proposing that the City consider engaging in a comprehensive Charter review and update process for possible presentation of any proposed amendments to the City’s voters at the November 2026 election.
Examples of provisions of the City Charter that could warrant modification include the following:
1. For elected officials, clarify the timing and application of the 30-day residency requirements. [Section 600]
2. Update required special notice requirements for City proposed sales of real property to increase the threshold substantially above $500. [Section 714]
3. Clarification regarding what constitutes a “disposition” or “change of use” of City park property requiring a vote of the people. [Section 714.1]
4. Clarify roles and responsibilities of the elected City Clerk. [Section 903]
5. Update/clarify the roles and responsibilities of the Board of Library Trustees. [Section 1013]
6. Update budget provisions to include express provision for a two-year budget cycle and to clarify what constitutes a “budget amendment” requiring 5 votes. [Sections 1301 and 1305]
7. Consider increasing threshold for public works or use of City forces requiring City Council approval from $1,000 to a more reasonable amount. [Section 1310]
8. Miscellaneous changes to section headings, wording and organization throughout the City Charter to improve clarity, and user friendliness.
As part of the initial steps of any Charter update process, staff would recommend that a preliminary City Charter Comprehensive Review and Update Work Plan (“Work Plan”) be prepared and presented to the City Council for its consideration. If the City Council desires to proceed, it would then need to create Charter Review Committee (“CRC”) to help implement that Work Plan. The City Manager’s office and the City Attorney’s office would be primary staff the CRC, but input would be solicited from all City departments that work with the various Sections of the City Charter that apply to them. Ultimately, any proposed changes to the Charter would be brought back to the Council for a decision on what, if anything, should be submitted to the voters for their consideration at the November 2026 election.
Process for Creation of a CRC and Applicable Rules
The City Council would ultimately decide on the appointment process for the CRC. In the past, such committees have included a total of seven members, with each Council member recommending a CRC member from their respective districts, and the Mayor recommending one member at large.
As an official advisory body created by the City Council, the CRC would be subject to the Brown Act, and therefore all CRC meetings would be noticed and open to the public.
The CRC would also be subject to the Public Records Act (PRA).
Suggested Timing
In order to complete any proposed Charter Update process in time to meet 2026 ballot measure submittal requirements, staff recommends that any Charter Update process commence, and the related CRC be formed and activated, by no later than September 2025.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact to the City with this informational report other than staff time. The overall costs for the addition of any potential ballot measures related to amending the Charter for the November 2026 ballot would be determined at a future date.
COORDINATION
This report was coordinated with the City Attorney’s Office and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Review, discuss and provide direction on the proposed process for a Comprehensive City Charter Update for presentation to the City Council.
Staff
Approved by: Glen Googins, City Attorney and Jovan D. Grogan, City Manager
ATTACHMENTS
1. City Charter
2. Summary of Approved and Rejected Amendments to the City Charter