TO: HONORABLE MAYOR FROM: Lee Wilcox
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: April 6, 2022
Approved Date
4/6/2022
SUPPLEMENTAL
SUBJECT: RECOMMENDATIONS FROM THE 2021 SAN JOSE CHARTER
REVIEW COMMISSION
REASON FOR SUPPLEMENTAL
This supplemental memorandum outlines the process for the City Council to determine next steps for the recommendations from the 2021 San José Charter Review Commission.
BACKGROUND
On January 11, 2022, the City Council accepted the 2021 Charter Review Commission’s Final Report and gave direction to the City Manager, City Clerk, and City Attorney to hold a special meeting to review and discuss the Charter Review Commission’s recommendations. The three memoranda released on April 1, 2022 respond to Council’s direction to provide analysis of implementation costs, policy considerations, and other issues.
This memorandum responds to direction to facilitate Council prioritization of the recommendations.
On April 11, 2022, the City Council will discuss 15 recommendations from the 2021 San José Charter Review Commission at a Special Meeting. These recommendations concern City governance, voting, inclusion and accountability, and other policy recommendations that do not require Charter amendments. (Note: The Commission’s recommendations regarding reimagining public safety and police oversight will be discussed at a separate, future meeting. The Council will discuss expanding municipal voting in City elections to all residents at 9 a.m. on Friday, April 29, 2022.)
COUNCIL AGENDA: 04/11/22
FILE: 22-504
ITEM: 3.1
HONORABLE MAYOR AND CITY COUNCIL
April 6, 2022
Subject: Recommendations from the Charter Review Commission
ANALYSIS
This memorandum outlines a process for the City Council to determine next steps for each of the 15 recommendations to be discussed at the April 11 meeting.
As discussed in the three memoranda from the Council Appointees, some recommendations from the Charter Review Commission have policy alternatives, others overlap or build on existing work from the Citywide Roadmap, while others would be new or greatly expanded efforts requiring dedicated staff time or substantial resources.
Over the past several years, Council has worked diligently to prioritize significant or emerging projects, strategies, and policy work within the context of limited resources. This effort aims to ensure that the City can both tackle critical emerging needs of the City and urgent problems, without neglecting the vital day-to-day work of serving the people of San José. The City Council provides direction on budgetary priorities through the approval of the Mayor’s March Budget Message, which results in the City Manager’s Proposed Budget. For 2022-2023, the recommended budgetary resources will inform the development of the City Roadmap that aligns the budget with the implementation of City Council priorities, and will be discussed and approved as part of the adoption of the 2022-2023 Budget.
Given existing workloads and simultaneous work related to recovery efforts, staff recommends Council determine which of the 15 recommendations are urgent, which should be considered during the next prioritization process, which have complexity or timing issues (for example, to allow time for existing related efforts to be completed) and should therefore be referred to a future City Charter Review Commission, and which items the Council does not wish to move forward.
Presentation from Council Appointees
At the April 11 meeting, Council Appointees and staff will provide a brief overview of each of the 15 recommendations from the Charter Review Commission, including:
• Whether a Charter amendment is required or if there is an alternative path to meeting the goal;
• Policy considerations; and
• Budget and staffing implications.
Presentation and Q&A
Following the presentation, staff will be available to respond to Council questions regarding the 15 recommendations. Before proceeding to voting, the City Council will hear public comment.
HONORABLE MAYOR AND CITY COUNCIL
April 6, 2022
Subject: Recommendations from the Charter Review Commission
Categorization Process
Staff recommends that Council use the following framework for categorizing the 15 recommendations from the Charter Review Commission.
Framework for Categorizing Recommendations
Category Definition Next Steps + Timeline
A. Now Urgent issue or minimal work
impacts.
Requires a Charter amendment.
Recommendation will be included
in draft Charter amendment for
November 8, 2022 election.
Amendment to Council by June 30,
2022.
B. Next Requires staffing, consultant help,
additional policy work, additional
resources, or significant community
engagement.
May or may not require a Charter
Amendment.
Recommendation will be placed on
the list for consideration during the
upcoming Citywide Roadmap
exercise. In some cases, additional
budget analysis may be required.
To be discussed in the May-June
budget process. If prioritized and
resourced, work would begin in FY
2022-2023.
C. Later Significant complexity or timing
issues.
Refer to future Charter Review
Commission or other future date.
Depends on future Council action.
D. Decline Council does not recommend moving
forward.
Recommendation will not move
forward.
Categorization Process for April 11 – Round 1
In Round 1, each Councilmember will receive a ballot listing the 15 recommendations and the categories of A. Now, B. Next, C. Later, and D. Decline. A sample ballot is provided in Attachment A.
Each Councilmember will assign one category to each of the 15 recommendations. However, a Councilmember may abstain from categorizing a recommendation.
HONORABLE MAYOR AND CITY COUNCIL
April 6, 2022
Subject: Recommendations from the Charter Review Commission
Any recommendation receiving a clear preference (five or more votes) will be placed in that category. Recommendations not receiving a clear preference or receiving five votes in two categories will move on to Round 2.
Prioritization Process for April 11 – Round 2
In Round 2, Council will discuss any recommendation items that either:
• Did not receive a five-vote preference in Round 1, or • Were evenly split with five votes in two categories.
Council will consider each of these remaining recommendations and vote to place it in one of the four categories (A. Now, B. Next, C. Later, D. Decline).
Any recommendations that receive no clear categorization from Council will automatically be placed in the D. Decline category.
NEXT STEPS
Following the April 11 Special Meeting, staff will take the following actions to implement Council direction regarding the 15 recommendations of the Charter Review Commission:
• Items categorized as A. Now:
Staff will return to City Council by June 30, 2022 with a draft ballot measure to amend the City Charter. (Note: The final statutory deadline to place an item on the November 8, 2022 ballot is August 11, 2022.)
• Items categorized as B. Next:
City Council will consider placing these recommendations on the FY 2022-2023 Citywide Roadmap during the upcoming Roadmap exercise tentatively scheduled for the 2022-2023 Proposed Budget Study Session on May 16, 2022. • Items categorized as C. Later:
These recommendations will be referred to the next Charter Review Commission. • Items categorized as D. Decline:
These recommendations will not move forward.
HONORABLE MAYOR AND CITY COUNCIL
April 6, 2022
Subject: Recommendations from the Charter Review Commission
COORDINATION
This memorandum was coordinated with the City Auditor’s Office, City Manager’s Budget Office, Office of Civic Innovation, Office of Racial Equity, and Office of Administration, Policy, and Intergovernmental Relations.
LEE WILCOX
Assistant City Manager
The principal author of this memorandum is Michelle McGurk, Assistant to the City Manager, City Manager’s Office of Administration, Policy, and Intergovernmental Relations.
For questions, please contact Lee Wilcox, Assistant City Manager at 408-535-8100 or [email protected].
Attachments:
A: Sample Ballot – Round 1
Round 1 Vote: Recommendations from
the Charter Review Commission
For each of the following recommendations, please vote to place the item in one of the following categories:
A) Now - include in Charter Amendment measure for November 2022.
B) Next - include in Citywide Roadmap exercise for FY 2022-2023.
C) Later - refer to future Charter Review Commission.
D) Decline - take no further action.
* Required
* This form will record your name, please fill your name.
Recommendation 1: Maintain a “Council-Manager” government structure and allow councilmembers to make nominations for City Manager candidates. *
1. Now
Next
Later
Decline
4/6/2022
Recommendation 2: Establish future Charter Review Commissions (every 10 years). * 2.
Now
Next
Later
Decline
Recommendation 3: Expand the City Council to 14 Council Districts. * 3.
Now
Next
Later
Decline
Recommendation 4: Implement ranked-choice voting. * 4.
Now
Next
Later
Decline
4/6/2022
Recommendation 5: Elevate the Board of Fair Campaigns and Political Practices to the City Charter. *
5. Now
Next
Later
Decline
Recommendation 6: Reform Boards and Commissions, including A. Remove citizenship requirement for all applicable Boards and Commissions as permitted by Senate Bill 225, which revised membership requirements to all California government boards and commissions;
B. Ensure all Board and Commissions a) receive training in ethics, civics, and diversity, equity and inclusion, b) elect their chairs and vice-chairs democratically, and c) incorporate racial and social equity analysis to promote the use of an “equity lens” for decision-making;
C. Provide a stipend to all members of Boards and Commissions. *
6. Now
Next
Later
Decline
Recommendation 7: Add a Native Land Acknowledgement to the City Charter. * 7.
Now
Next
Later
Decline
4/6/2022
Recommendation 8: Use gender-inclusive language in the City Charter and City documents. *
8. Now
Next
Later
Decline
Recommendation 9: Establish Equity Values, Equity Standards, and Equity Assessments.
A. Add a statement of values to the Charter that defines social equity, inclusion, and racial and social justice as guiding principles for the decisions, policies, budgets, programs, and practices of the City;
B. Outline objectives intended to advance the aforementioned values through the areas of safety, environmental health, water and sanitation, parks and recreation, mobility and transportation, economic development, housing standards, workforce protection and housing amenities;
C. Conduct an equity assessment for the annual operating and capital budgets as contained in the Recommended Budgets generated by the City Manager each fiscal year and for major policies and programs to be decided upon by the City Council.
*
9. Now
Next
Later
Decline
4/6/2022
Recommendation 10: Address equity and inclusion in City programming and budgeting. *
10. Now
Next
Later
Decline
Recommendation 11: Establish regular department-level audits. * 11.
Now
Next
Later
Decline
Recommendation 12 (non-Charter): Create a Climate Action Commission. * 12.
Now
Next
Later
Decline
4/6/2022
Recommendation 13 (non-Charter): Explore a Community Opportunity to Purchase Act. *
13. Now
Next
Later
Decline
Recommendation 14 (non-Charter): Promote home-ownership opportunities for low- income residents of San José. *
14. Now
Next
Later
Decline
Recommendation 15 (non-Charter): Strengthen community input to the Smart City Advisory and Innovation and Technology Advisory Boards. *
15. Now
Next
Later
Decline
Councilmember - Name * 16.
4/6/2022