REPORT TO COUNCIL
SUBJECT
Title
Action on Proposed Formation of a Charter Review Committee to Conduct Comprehensive Review of the City Charter to Update, Make Corrections and Better Align the Charter with State Law and Current Best Practices and to Draft a Comprehensive Charter Amendment for Presentation to the City Council and Possibly the Voters at the November 2026 Election
Report
BACKGROUND
At the Governance and Ethics Committee special meeting on May 1, 2025, as part of the Committee’s work plan, City Attorney Googins presented a report on a proposed comprehensive City Charter update process for discussion and direction. For context, the presentation included information regarding how a city charter functions as a city’s constitution, how charter’s provide cities with authority with respect to “municipal affairs,” and Santa Clara’s history with adopting and amending its own Charter over the years. Reasons for why a comprehensive Charter update process should be considered included: although it had been amended from time to time over the years, the Charter had not kept up with changing “best practices” for City operations and State legal requirements, the City itself had grown in population and complexity, and the Charter contained ambiguities, and internal inconsistencies. The presentation included a number of examples of possible Charter modifications that would address some of these issues.
The Committee discussed the proposal and agreed that a Charter update process was warranted. The importance of keeping the process “professional” and not “political” was emphasized, along with how it would be important to decide what types of changes would be included in any “comprehensive” amendment, and what types of proposals would best be kept separate. The process for how the Charter Review Committee would be selected was also debated. The Committee wanted to be clear that any November 2026 Charter amendment should be limited to modernization, clarification and clean-up items, not major or controversial changes to the Charter. The Committee was mindful that the remainder of 2025 and 2026 will be a busy time in Santa Clara and they did not want to add additional complexities to the City’s existing work program.
Input from elected City Clerk O’Keefe was also solicited and provided. Mr. O’Keefe provided additional information regarding the Charter’s history, and the provisions regarding the elected City Clerk. He was supportive of staff’s recommendation to engage in this process. A motion was made by Committee Member Park and seconded by Committee Chair Jain to recommend to the City Council to initiate a Charter review process, including potentially having a workshop as part of the recruitment process for the Charter Review Committee, and options for selection of the Committee from the various Council districts (either by Council appointment or lottery).
This item is now presented the full City Council for input and direction.
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 1951 (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. Clarify what are “classified” versus “unclassified” positions within the City’s employment structure, and add/clarify reference to the role and function of the Civil Service Commission [Article XI]
7. 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]
8. 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]
9. Clarify how/when State laws apply if there is no express City Charter or City Code provision
10. Miscellaneous changes to section headings, wording and organization throughout the City Charter to improve clarity and user friendliness.
This is just a sampling. Many other proposed changes are likely to come out of the comprehensive top to bottom review process.
The Primary Objective; Professional Staff Involvement
In general, the proposed “top to bottom” review process is intended to be driven by practical and legal considerations, with the prime objective being to bring the Charter up to current “best practices” for City operations. It is not intended to implement any major restructuring of City operations or to change the City’s election process. To accomplish this, it is intended that City professional staff, representing the various departments charged with interpreting and implementing the full range of Charter requirements, will be heavily involved in the Charter review and update process. In the end, it will be up to the Charter Review Committee to recommend, and the Council to decide which, if any, of the proposed changes will be presented to the voters as part a comprehensive update to the City Charter. In order to meet election deadlines, this would need to occur by no later than July 2026. At that time, the Council could also consider which of any of the proposed changes would be presented as one or more separate measures, either at the November 2026 election, or at a subsequent election after further review and analysis.
Process for Creation of a CRC and Applicable Rules
If the City Council desires to proceed, the first step would be to direct staff to take the steps necessary to form a Charter Review Committee (“CRC”). Concurrently, staff would develop a proposed CRC work plan (“Work Plan”) to guide the process. The Work Plan would be brought back to the Council for input and approval prior to or concurrent with Council’s appointment of CRC members.
As part of any action to proceed, the City Council will need to decide on the appointment process it wants 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. One viable alternative to the direct appointment process would be a lottery process, similar to what was used in the selection of members to the Measure I Bond Citizen’s Oversight Committee. The lottery alternative was considered (and favored) by some members of the Governance Committee as a good way to improve the likelihood that the Charter update process was driven more by policy than political considerations.
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).
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.
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 as soon as possible, but by no later than September 2025. As discussed above, the full review process, and any proposed ballot measure would need to be presented to and approve by the City Council by no later than the last meeting in July of 2026.
Recommendation
In order to make the City Charter consistent with current laws and best practices, improve City efficiency and eliminate ambiguities, City staff and the Governance Committee is recommending that the City consider forming a Charter Review Commission to engage in a top to bottom Charter review process in order to draft a comprehensive Charter Amendment for presentation to the Council and possibly the voters at the November 2026 Election.
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 or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Review, discuss and provide direction to staff on the proposed formation of a City Charter Review Committee to engage in a comprehensive Charter review and amendment process
Staff
Approved by: Glen Googins, City Attorney and Jovan D. Grogan, City Manager
ATTACHMENTS
1. Current City Charter
2. Summary of Past Approved and Rejected Amendments to the City Charter