REPORT TO CHARTER REVIEW COMMITTEE
SUBJECT
Title
Presentation of Council’s Direction on the Charter Review Committee (CRC) Proposed Comprehensive Charter Update and Potential Action on (1) a Plan for CRC Member Support for Community Outreach on the Proposed Public Works Charter Update, and (2) a Closeout Report to Council.
Report
DISCUSSION
As all of you surely know by now, at their July 14th meeting the City Council took final action on the CRC’s recommendation for a comprehensive Charter update. Consistent with previous Council direction, the Council considered the CRC’s recommendation for placement of a measure on the November 2026 ballot in two parts: (1) whether to proceed with a comprehensive Charter update measure (“Comprehensive Update”); and/or (2) whether to proceed with a stand-alone measure updating the City’s public works procurement provisions (“Public Works Update”).
In summary, the Council declined to proceed with the Comprehensive Update but approved moving forward with a modified version of the proposed Public Works Update. The modification to the proposed Public Works Update was to include a threshold of $250,000 for “major contracts” above which Council approval and formal bidding would be required. All other key elements of that proposal, to be implemented by ordinance, including provisions for “alternative” procurement mechanisms (e.g., design-build) were retained.
Although it is disappointing that the Council did not vote to advance the Comprehensive Update for voter consideration at the November 2026, election, there are two very positive take aways from this process.
First, the Public Works Update, by itself, will create substantial value for City government and its residents by modernizing the process for City procurement of major public facility and infrastructure improvements. And Council’s unanimous support for the proposed Public Works Update bodes well for its prospects in November. (Also a good sign: the deadline for filing an opposing argument to this measure has come and gone, with no opposing argument filed.) Attached for your information is a copy of the final, updated Resolution for the Public Works Update reflecting Council direction on what to put before the voters this November. Also attached is the City Attorney’s Impartial Analysis, and the Argument filed in favor of the measure. All of this will appear on the ballot for voter consideration this November.
Second, while the Comprehensive Update will not be on the November 2026 ballot, the work has been done and will not simply disappear. On the contrary, it’s entirely possible, if not likely, that the Comprehensive Update proposal you helped create, or one very much like it, will be revived and considered by Council for placement on the November 2028 ballot. City professional staff are already thinking about the best approach to re-tendering this proposal to the City Council for their consideration as a Council priority in 2027 and beyond.
Next Steps: Staff will present at your September 16th meeting an outline of a proposed CRC role in supporting the Public Works Update item Should CRC be interested, staff will also present the outline of the contents of a possible final report to Council from the CRC on the Charter Project. Such report may include CRC’s support for further consideration of the Comprehensive Update by a future CRC and/or the Council for presentation to voters at the November 2028 general election. CRC support for either or both of these “next steps” action items could take the form of designating one last CRC Ad Hoc Subcommittee to work with staff. .
RECOMMENDATION
Recommendation
Hear staff’s presentation and provide direction, as appropriate, for any next steps required to (1) support community outreach on the Public Works Update proposal currently pending voter approval, and/or (2) prepare a final CRC report to Council regarding the Charter Project, potentially to include support for a process to consider placing the Comprehensive Update on the November 2028 ballot.
Staff
Reviewed by: Courtney Mohammadi, Legal Executive Assistant, City Attorney’s Office
Approved by: Glen Googins, City Attorney
ATTACHMENTS
1. Measure C - proposed
2. Impartial Analysis (Measure C)
3. Primary Argument in Favor (Measure C)