REPORT TO PARKS & RECREATION COMMISSION
SUBJECT
Title
Solicitation of Parks & Recreation Commission Input on the Sections of the Charter Involving the Parks and Recreation Commission and Parks and Recreation Issues to inform the Charter Review Commission Currently Engaged in a Comprehensive Review of the City Charter
Report
BACKGROUND
Back in September of 2025, the City Council formally initiated a comprehensive Charter review process (commonly referred to as the “Charter Project”). This will be the first comprehensive update to the City Charter in many years, with the goal of modernizing it to better support efficient, transparent, and adaptable governance.
The Bylaws of the Charter Review Committee (CRC) formed to implement the Charter Project describe the general purpose of the CRC and the project 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.
Other relevant considerations include:
• The Charter as a structural document. It defines roles of officials and staff, distribution of authority, and high-level governance principles. Charters typically do not dictate operational details. Such details are typically left to implementation by City codes and policies.
• Improving efficiency and reducing administrative burdens. Current processes require that too many routine items go to the City Council, creating staff workload inefficiencies, delays in project delivery, and unnecessary use of high-level decision-making. The amendments will result in more decisions at staff level where appropriate, and reserve Council involvement for substantial policy decisions.
• Clarifying roles and responsibilities. The revised Charter should better define what the City Council does (policy direction and oversight), what staff does (implementation and operations), and what commissions do (review of specific subject matter)
• Maintaining flexibility for the future. The Charter should avoid overly prescriptive language, ensuring that the Charter can accommodate new technologies, evolving procurement methods, and changing governance needs.
The Parks & Recreation Commission has been identified as an important stakeholder in this Charter Review process, particularly in connection with the review of Article X of the Charter, “Boards and Commissions.” The Sections that specifically relate to the composition and role and function of the Parks and Recreation Commission are Sections 1008 and 1009. Another Section directly implicating Parks and Recreation issues is Charter Section 714.1, commonly referred to as “Measure R.” This provision, approved by the voters in 2016, requires a 2/3rds vote of the people in order dispose of our change the use of any park properties owned by the City that are listed in the City’s parklands inventory, if such disposition or change of use is for a time period of 18 months or longer.
As an identified “stakeholder,” this item asks requests Commission input on these matters.
DISCUSSION
As the primary staff liaison to the Charter Review Commission, and on their behalf, the City Attorney’s office is requesting Parks & Recreation Commission input on the following issues:
1. Does the current qualification requirements and composition of the Parks & Recreation Commission still make sense?
The current Charter contemplates seven commission members appointed by the City Council who must be “qualified electors” and residents of the City. Note: To be a qualified elector you must be registered to vote; to be registered to vote you must be a U.S. citizen.
2. Does the current list of Commission powers and duties properly describe your role and function or should amendments be proposed?
The current description of duties (Charter Section 1009) is as follows:
“The Parks and Recreation Commission shall have power and be required to:
(a) Act in advisory capacity to the City Council in all matters pertaining to parks, recreation, playgrounds and entertainment;
(b) Consider the annual budget of the Parks and Recreation Department during the process of its prepara- tion and make recommendations with respect thereto to the City Manager and the City Council; and
(c) Assist in the planning and supervision of a recreation program for the inhabitants of the City, promote and stimulate public interest therein and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein.”
3. Do you have other general concerns about Article X, such as appointment, vacancies, terms, or attendance?
4. Are there any modifications that might be appropriate for Measure R to allow ancillary uses or improvements on park property that are not inconsistent with park purposes, without requiring a vote of the people?
5. Do you have other concerns you would like to raise?
Proposed Parks and Recreation Commission Actions
The Charter Review Subcommittee on Boards and Commissions has its next meeting on April 16th. The Parks & Recreation Commission should consider consolidating its comments in a manner that reflects the position of the entire Commission, ideally in areas where Parks & Recreation Commission issues are implicated. Such comments can either be presented on your behalf by City Attorney staff and/or the Commission may also appoint a representative to present these comments to the Subcommittee.
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.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Parks & Recreation Commission 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
Provide consolidated comments to staff on Parks & Recreation Commission relevant charter revisions for the Charter Review Committee and City Council to consider as a part of the “Charter Project” Charter Review Process. The Commission also has the option of appointing a representative to present these comments to the Subcommittee on Boards and Commissions.
Staff
Prepared by: Glen Googins, City Attorney
Approved by: Damon Sparacino, Director, Parks & Recreation Department
Attachment
1. Current Santa Clara City Charter