REPORT TO COUNCIL
SUBJECT
Title
Action to Appoint Members of the Charter Review Committee (CRC) Formed to Conduct a Comprehensive Review of the City Charter and to Approve CRC Bylaws
Report
BACKGROUND
At the Governance and Ethics Committee special meeting on May 1, 2025, as part of the Committee’s work plan, staff 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. City Clerk 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 was presented the full City Council for input and direction on July 15, 2025. After consideration of a number of the same issues discussed by the Governance Committee the City Council directed the formation of a Charter Review Committee (“CRC”) to assist with a comprehensive review and update of the City Charter (referred to here as the “Charter Project”). The City Council affirmed that the goal of the Charter Project would be to identify provisions in the Charter that should be corrected, clarified or modified in order for the Charter to be fully consistent with applicable state law, aligned with current best practices for City operations and, in general, easier to understand and apply.
The Council action included direction that the CRC be comprised of thirteen (13) total members as follows:
• Seven (7) members to be appointed by the City Council comprised of one member representing each of the six (6) City Council Districts (to be nominated by the City Councilmember representing that District), and one (1) “at large” position (to be nominated by the Mayor).
• Six (6) members to be chosen by lottery, to include one resident from each of the six Council Districts.
• To be qualified, both appointed and lottery selected applicants must be registered voters and residents of the voting Districts they hope to represent or, in the case of the Mayor’s selection, the City at large.
• Simultaneous membership on another City Board, Commission or Committee would be allowed.
Consistent with Council direction, staff proceeded to develop information for the City’s website to notify the public of the available positions on the Charter Project CRC. Information developed included a description of the Charter itself, the intended purpose of the Charter Project, the composition and necessary qualifications for the CRC, and the application period for interested parties of August 1, 2025 through August 29, 2025. The City also advertised the availability of CRC positions through August 29, 2025, with notifications sent out to the City-wide distribution list on August 1st, 13th, and 21st 2025. During the application period, a total of 71 applications were received. Of these applications, after screening by the Assistant City Clerk to confirm residency and voter registration, 60 applications were determined to be qualified.
On September 7, 2025, staff transmitted to Council a list of 59 of the 60 qualified applicants. (An additional applicant, Holly Rhea Roberts, was later determined to be qualified as a potential lottery pick and added to the list.) The list was organized first by applicant preference for appointment (direct appointment, lottery, or both), then by their affiliated Council District (1 through 6), and finally in alphabetical order within their Council District. The applications themselves were also attached. Councilmembers were advised that they could draw from this list for their selection or, if they had someone in mind for their selection to represent their District (or in the Mayor’s case, at large), and did not see that person’s name on the list, to ask that person to submit an application to the City Clerk’s Office immediately, with applications due no later than September 9, 2025 at 5:00 p.m. PST. This was to allow sufficient time for the Assistant City Clerk to verify their qualifications and to include the applicant in the staff report for the September 16th Council meeting. Councilmembers and the Mayor have since provided their desired selections (see below).
The selection of the six (6) CRC representatives to be chosen by lottery was scheduled for and occurred on September 11, 2025 at 6:00 p.m. in Council Chambers. The random draw process used was similar to that employed for the selection of the Measure I Citizen’s Oversight Committee members. The event was open to the public and was again presided over by our elected City Clerk. A copy of the staff report prepared for the September 11, 2025 random drawing event is attached to this report as Attachment 1. A recording of the event can be viewed on the City Legistar webpage or City YouTube channel at YouTube.com/CityofSantaClara. Note: As indicated by the City Clerk at the event, at the time of the drawing there were three (3) potential lottery applicants that had already been chosen as Council selected applicants. There was also an applicant who was ultimately determined not to be eligible because their address was not within the City of Santa Clara. Accordingly, these applicants were removed from the lottery selection process.
This item now presents for Council action the seven (7) prospective CRC members selected for appointment by Councilmembers and the Mayor, and the six (6) prospective CRC members selected by lottery. Also presented for Council consideration and action is a draft of proposed CRC Bylaws. These were prepared by staff to help guide the CRC through the Charter Project process.
DISCUSSION
CRC Appointments
At the meeting on September 11, 2025, City Clerk Bob O’Keefe administered the random draw selection for the six (6) members of the CRC to be selected by lottery. All selections were drawn from the list of applicants expressing an interest in being chosen by lottery that were determined to be qualified by the Assistant City Clerk. The applicants selected are as follows:
Lottery Selections
District 1 Holly Rhea Roberts
District 2 Mohammad Naveed
District 3 Joseph W. Sosinski
District 4 Burt Field
District 5 Lauren Diamond
District 6 Mark Boeckman
Each Councilmember and the Mayor provided staff with the following selections for the seven (7) members to be selected by them. All selections were drawn from the list of applicants expressing an interest in being chosen by appointment that were determined to be qualified by the Assistant City Clerk. The applicants selected for appointment by Councilmembers and the Mayor are as follows:
City Council/Mayor Selections
Mayor Gillmor At Large Pat Nikolai
Councilmember Gonzalez District 1 Bernard Thamsey
Councilmember Chahal District 2 John Brooks
Councilmember Hardy District 3 Eric Crutchlow
Councilmember Park District 4 Steve Kelly
Councilmember Jain District 5 Eric Jensen
Councilmember Cox District 6 Susan Peters
These thirteen (13) selections are now presented to the City Council for appointment.
Following Council appointment, staff will contact the newly minted CRC members to schedule their first meeting. The first meeting agenda will include (1) basic training in Brown Act requirements and meeting management protocols; (2) review of the history and function of the Charter; (3) review of the adopted CRC Bylaws (described below); (4) selection of a Chair and Vice Chair (or the option to take this action at their second meeting); and (5) adoption of, or direction on preparation of, the CRC initial meeting schedule.
CRC Bylaws
The proposed CRC Bylaws (Attachment 2) set forth the CRC’s purpose, duties and the applicable rules and operating procedures for CRC implementation of the Charter Project. Key provisions include:
Section 1. Establishment
This Section acknowledges City Council’s formal creation of the CRC through its appointment of its members and approval of its Bylaws
Section 2. Purpose
This Section states the general purposes of the CRC as follows: “The purpose of the CRC is to work with City staff, with input from the community, to facilitate the implementation of the “Charter Project.” The Charter Project involves a process for comprehensive review of the City Charter to identify provisions in the Charter that should be corrected, clarified or modified for the Charter to be fully consistent with applicable state law, aligned with current best practices for City operations and, in general, easier to understand and apply. At the end of the process, the objective of the Charter Project is to produce a draft comprehensive Charter Amendment for presentation to the City Council and, if the City Council so directs, possibly the voters at the November 2026 Election.”
Section 3. Duties.
Specified duties of the CRC include:
• Appointment of Chair and Vice Chair [Section 3.1]
• Schedule, Attend and Participate in CRC Meetings [Section 3.2]
• Solicit and Consider Public Input [Section 3.3]
• Make a Recommendation to the City Council regarding a Comprehensive Amendment of the City Charter [Section 3.4]
• Comply with Applicable Laws and Ethics Standards (including the Brown Act, Public Records Act, and specified ethical standards) [Section 3.5]
Section 4. Membership
This Section sets forth the composition of the CRC, the qualifications of its members, their term for service (through July 2026), and provisions for removal and filling of vacancies.
Section 5. Limitation on Authority; No Compensation
This Section describes limits to CRC member authority, including: no authority to direct staff; no authority to represent the CRC as an individual unless approved by vote of the CRC; and no right to compensation.
Section 6. Meetings
This Section discusses the expected frequency of meetings (monthly), location of meetings (somewhere accessible to the public within the City), procedures and protocols (Brown Act compliance required, and use of the Meeting Management Protocols in City Council Policy 055), voting/quorum requirements (majority vote), and provision for Ad Hoc Subcommittees that may be assigned specific tasks/areas of review.
Section 7. Staff Support
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.
Section 8. Amendments to Bylaws
The CRC can make additional implementing rules, but any amendment to the Bylaws must be approved by City Council
Charter Project Schedule/Timing
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 end of July or the beginning of August in 2026 in order to meet County Registrar election requirements. Considering the Council’s summer recess schedule, unless a special meeting were called, this means the CRC needs to complete its work and make its recommendation to Council by no later than the end of June 2026.
Recommendation
To formally initiate the Charter Project with the formation of the Charter Review Committee, staff is recommending that the Council formally appoint the seven (7) CRC applicants selected by the Council and Mayor, and the six (6) CRC applicants selected by lottery, and approve the draft Charter Review Committee Bylaws in the form presented to establish and guide the CRC in its implementation of the Charter Project.
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 an administrative activity that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACT
There is no immediate fiscal impact arising from the appointment of the CRC or the adoption of the CRC Bylaws. There will be a significant contribution of City staff time to provide support for the CRC and the Charter Project. The FY 2025/26 and FY 2026/27 Adopted Biennial Operating Budget includes $100,000 in FY 2026/27 for election costs associated with a potential Charter amendment. This preliminary estimate will be updated and provided to the City Council in July 2026 as party of Council’s consideration of whether or not to proceed with placing a Charter Amendment on the November 2026 ballot. If additional monies are required, a budget action will be brought forward for City Council approval at that time.
COORDINATION
This report has been coordinated with the City Manager and City Clerk’s Offices
PUBLIC CONTACT
Public contact was made by posting the meeting 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. 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
Appoint the Members of the Charter Review Committee (CRC) selected by the City Council and the Lottery Process and adopt the Proposed CRC Bylaws in substantially the form attached formally establishing the CRC and setting forth the rules and procedures for CRC implementation of the Charter Project.
Staff
Approved by: Glen R. Googins, City Attorney
Attachments
1. Staff Report for the September 11, 2025 Lottery Selection Process
2. Draft CRC Bylaw