Charter Review Commission Recommendations
Proposed Ballot Measure on City Charter Amendment for
the November 8, 2022 General Election
Sarah Zárate Director, Office of Administration,
Policy, and Intergovernmental Relations
Michelle McGurk Assistant to the City Manager
Toni Taber City Clerk
Zulma Maciel Director, Office of
Racial Equity
Presenters
City Council Item 3.5
June 7, 2022
Charter Review Commission Recommendations
Summary of Previous Action
PREVIOUS COUNCIL ACTION
▪ Jan. 11: Accepted Final Report of 2021 Charter Review Commission ▪ Feb. 15: Placed measure on June 7, 2022 ballot to change date of Mayoral elections
▪ April 11: Discussed and provided direction regarding 15 non-public safety recommendations from the Commission, including today’s items:
• Return in June with a ballot measure (or measures) to amend the Charter, including Recommendations 6a and 7-10 from the Charter Review Commission, and potentially Recommendation 5.
• For Recommendation 7 (Native Land Acknowledgment), conduct additional outreach with tribal representatives prior to returning to Council in June.
TODAY
Charter Review Commission Recommendations
Summary of 4-11-22 Council Direction
Category Number Recommendation Pathway
Governance 1
Maintain a “Council-Manager” Government Structure and Allow Council Members to Make Nominations for City Manager Candidates Declined. Develop Council Policy on process.
Governance 2 Establish Future Charter Review Commissions Declined Governance 3 Expand Council to 14 Districts Return in 2025 Voting 4 Implement Ranked Choice Voting Declined
Voting 5 Elevate the Board of Fair Campaigns and Political Practices to the City Charter Add to Ballot Measure in future Inclusion & Accountability 6 Reform Boards and Commissions (Article X) Add to Ballot Measure for November 2022 Inclusion & Accountability 7 Add a Native Land Acknowledgement to the Charter Add to Ballot Measure for November 2022;
conduct outreach before June
Inclusion & Accountability 8 Use Gender-Inclusive Language in the Charter and City Documents Add to Ballot Measure for November 2022 Inclusion & Accountability 9 Establish Equity Values, Equity Standards, and Equity Assessments Add to Ballot Measure for November 2022 Inclusion & Accountability 10 Address Equity and Inclusion in City Programming and Budgeting Add to Ballot Measure for November 2022 Inclusion & Accountability 11 Establish Regular Department-Level Audits Declined Other Policy 12 Climate Action Commission City Roadmap Exercise 2022 Other Policy 13 Community Opportunity to Purchase Act In Housing Dept workplan already Other Policy 14 Homeownership for Low-Income Residents In Housing Dept workplan already Other Policy 15 Smart City Advisory Board: Community Input City Roadmap Exercise 2022
DRAFT BALLOT LANGUAGE
Shall the City Charter be amended to add the City’s ethics and elections commission (Board of Fair Campaign and Political Practices) to the Charter; remove requirements that members of the Planning, Civil Service, and Salary Setting Commissions be electors and/or citizens; remove gender-specific language; and require the City Council to adopt equity values, standards, and assessments in making certain decisions?
Charter Review Commission Recommendations
Potential Charter Amendment Ballot Measure for November 2022 ✓All items included in
proposed ballot
measure
Charter Review Commission
Recommendation
Categories:
Voting +
Inclusion &
Accountability
Elevate the Board of Fair
Campaigns and Political Practices
to the City Charter
Reform Boards and Commissions
(Article X)
Use Gender-Inclusive Language in
the Charter and City Documents
Recommendation 6
Recommendation 8
Shall the City Charter be amended to add the City’s ethics and elections commission (Board of Fair Campaign and
Political Practices) to the Charter; remove requirements that members of the Planning, Civil Service, and Salary Setting Commissions be electors and/or citizens; remove gender-specific language; and require the City Council to adopt equity values, standards, and assessments in
making certain decisions?
Recommendation 5
OUTREACH UPDATE
Charter Review Commission
Recommendation
Category:
Inclusion &
Accountability
Recommendation 2
Add a Native Land
Acknowledgement to
the Charter
Recommendation 7
▪ Invited leadership and representatives
from Muwekma Ohlone Tribe & Tamien Nation
▪ May 13th Convening
o Purpose: To reflect on and provide input
into proposed Land Acknowledgement
o Result: No agreement
STAFF RECOMMENDATION
Do not recommend moving forward with
Recommendation 7 for the November 2022 ballot.
POLICY OPTION 1
Charter Review Commission
Recommendation
Category:
Inclusion &
Accountability
Recommendation 2
Establish Equity Values,
Equity Standards, and
Equity Assessments
Address Equity and
Inclusion in City
Programming and
Budgeting POLICY OPTION 2
Recommendations 9
Recommendation 10
Adopt Charter language similar to that used for Ethics
provisions (Section 607):
SECTION 608. Equity Values
The Mayor and City Council shall adopt and maintain a statement of values regarding racial and social equity, inclusion, and racial and social justice to provide guidance to City officers and employees in their conduct while discharging their public responsibilities, including development and implementation of decisions, policies, budgets, programs, standards, assessments, and practices of the City of San José.
Adopt Charter language proposed by Charter Review
Commission (Attachment B in staff report).
Charter Review Commission Recommendations
Charter Requirements
Category # Recommendation
Requires Charter
Amendment Policy/Programmatic Alternative
Voting
5 Elevate the Board of Fair Campaigns and Political
Practices to the City Charter Yes Yes - Keep in Municipal Code.
Inclusion &
Accountability 6 Reform Boards and Commissions (Article X) Yes to change 3 charter commissions
Yes - Most non-Charter
commissions do not have
citizenship requirements.
Inclusion &
Accountability 7 Add a Native Land Acknowledgement to the Charter
Yes if placed in the
Charter
Yes - Council Policy or Resolution.
Add to City website, agendas.
Inclusion &
Accountability 8 Use Gender-Inclusive Language in the Charter and City Documents Yes Yes for City Documents - In Process for City documents going forward
Inclusion &
Accountability 9 Establish Equity Values, Equity Standards, and Equity Assessments
Yes if placed in the
Charter
Yes - Council Policy or Resolution.
Work is in process.
Inclusion &
Accountability 10 Address Equity and Inclusion in City Programming and Budgeting
Yes if placed in the
Charter
Yes - Council Policy or Resolution.
Work is in process.
TODAY’S ACTION (SYNOPSIS)
a) Consider options for a proposed ballot measure
b) Consider staff’s update on outreach regarding adding a Native Land Acknowledgment to the Charter
c) Adopt a resolution:
1. Calling and giving notice of election
2. Directing the City Clerk to publish synopsis in the San José Mercury News
3. Authorizing City Councilmembers to submit arguments in favor
4. Authorizing submittal of rebuttal arguments
5. Directing City Attorney to prepare impartial analysis
6. Directing City Clerk to take all other actions necessary to place on the Nov. 8, 2022 ballot
Charter Review Commission Recommendations
Potential Charter Amendment Ballot Measure