Governance and Ethics Committee
May 1, 2025
Item #2
1 Governance &
Ethics Committee
Item #2
Discussion and Request for
Direction on a Comprehensive
City Charter Amendment
Process for Presentation to the
City Council and Possible Action
by Voters in 2026
May 1, 2025
City Charter in General
• The Santa Clara City Charter (“City Charter”) operates like the City of Santa Clara’s constitution.
• By adopting a Charter, the City asserts direct authority over its “municipal affairs” • Key elements include:
--”Council/Manager” form of government
--Qualifications and processes for electing and appointing certain City officials, --Allocation of authority/duties among elected/appointed/certain hired officials --Process for the adoption of resolutions and ordinances, --Creation of certain Boards and Commissions,
--Rules for the City’s fiscal management, public works and procurement practices 2 1
2 Governance and Ethics Committee
May 1, 2025
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2 • First adopted in 1951
• Multiple amendments have been proposed and adopted since • Most amendments have been limited, targeting one maybe two areas • Most common type of proposed changes: terms/qualifications for elected officials
• Last “comprehensive” amendment was adopted in 2000, but the changes were relatively minor.
• Attachment 2 summarizes all amendments proposed since 1952 3 Charter History
Reasons to Consider a
Comprehensive Charter Update Process
• Since 1952 (and even 2000), a lot has changed, both in the laws that apply to cities and in what are considered “best practices” for city operations.
• The City itself has also grown and changed in population and complexity.
• In order to make the City Charter consistent with current laws and best practices, improve City efficiency and eliminate ambiguities, City staff is proposing that the City consider engaging in a comprehensive Charter update process for presentation to the City’s voters in 2026. 4 3
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3 Examples of Provisions for Possible
Modification
1. For elected officials, clarify the timing and application of the 30-day residency requirements. [Section 600]
2. Update required special notice requirements for City proposed sales of real property to increase the threshold substantially above $500. [Section 714]
3. Clarification regarding what constitutes a “disposition” or “change of use” of City park property requiring a vote of the people. [Section 714.1]
4. Clarify roles and responsibilities of the elected City Clerk. [Section 903]
5. Update/clarify the roles and responsibilities of the Board of Library Trustees. [Section 1013]
5 Examples of Provisions for Possible
Modification (cont’d)
6. Update budget provisions to include express provision for a two-year budget cycle and to clarify what constitutes a “budget amendment” requiring 5 votes. [Sections 1301 and 1305]
7. Consider increasing threshold for public works or use of City forces requiring City Council approval from $1,000 to a more reasonable amount. [Section 1310]
8. Clarify how/when State laws apply if no City Charter provision or ordinance.
9. Miscellaneous changes to section headings, wording and organization throughout the City Charter to improve clarity, and user friendliness. 6 5
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4 An Example: Article XI. Civil Service
7 Charter Update Process
• With input and support from the Committee, staff recommends that a preliminary City Charter Comprehensive Review and Update Work Plan (“Work Plan”) be prepared and presented to the City Council for its consideration. • If the City Council desires to proceed, it would then create a Charter Review Committee (“CRC”) to help implement that Work Plan.
• The City Council would ultimately decide on the appointment process for the CRC, but typical composition includes a Councilmember recommended appointee from each Council district and one “at large” member. • Key element of process: input from affected City departments • Timing: To meet 2026 ballot measure submittal requirements, any Charter update process should commence no later than September 2025. 8 7
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5 Questions/Discussion
• Review, discuss and provide direction on the proposed process for a Comprehensive City Charter Update for
presentation to the City Council.
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Governance and Ethics Committee
May 1, 2025
Item 3
1 Governance &
Ethics Committee
Item #3 Discuss and Provide
direction to Staff on a potential
Council Policy that provides
Guidance on the scheduled start
times for City Council meetings
RTC #25-469
May 1, 2025
Background
• The purpose of this item is for the Governance and Ethics Committee to discuss and provide direction to staff on a potential Council Policy that provides guidance for the start time for City Council meetings. • Section 707 of the City Charter requires two regular City Council meetings a month but does not specify the date or times for such meetings. • Regular meeting start times have traditionally been set at 7:00 p.m., and the City strives to have closed sessions and study sessions occur on the same day as regular meetings between the hours of occasionally at 5:00 p.m., but more recently, staff has aimed to hold them from 5:30 p.m. to 7:00 p.m. • Occasionally, it is necessary to schedule a closed session, study session, or special meeting on a date that does not coincide with a regular meeting and, in such cases, a date and time are set by staff after polling availability of City Councilmembers. 2
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Governance and Ethics Committee
May 1, 2025
Item 3
2 Discussion
• Discuss and provide direction to staff on a potential Council Policy that Provides Guidance on the scheduled
Start times for City Council meetings, if any, for
consideration by the City Council.
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Governance and Ethics Committee
May 1, 2025
Item 4
1 Governance &
Ethics Committee
Item #4 Review and Action
on the 2025 Governance
and Ethics Committee
Workplan
RTC #25-470
May 1, 2025
Background
• On an annual basis, the Governance and Ethics Committee establishes a workplan with items prioritized for the calendar year • Note: Some agenda items may require continuance and will return to the Committee for further discussion and approval.
• The Committee and staff may amend the workplan and bring forth other pertinent agenda items as needed.
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Item 4
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Proposed 2025 Workplan
Agenda ItemCommittee Meeting Date
- Informational Report on Ethics Documents
- Comprehensive City Charter Update Proposal (Deferred to Special meeting, May 1)
- Review and Action on 2025 Workplan (Deferred to Special meeting, May 1)
- Discuss and Provide direction to Staff on a potential Council Policy that provides Guidance on the scheduled start times for City Council meetings (Deferred to Special meeting, May 1)
March 3, 2025
- Review and Approval on Amendments to Council Policy 035 (“Naming of Facilities”)
- Review and Approval on Amendments for Council Policy 043 ("Official Travel by Elected Officials") and Council Policy 006 ("Guidelines for Commissioners Attendance at Conferences and Training Events")
June 3, 2025
4 Proposed 2025 Workplan
Agenda ItemCommittee Meeting Date
- Review and Approval on Amendments to Council Policy 050 ("Gifts to Elected Officials and Appointed Officials")
- Review and Finalization of Ethics Documents
- Development of Ethics Commission Work Effort Update
- Review and Approval Council Policy on Start Times for City Council Meetings
September 8, 2025
- Informational Report on Commissions, Boards and Committees Recruitment and Selection Process and Annual Workplan Process - Review of a Policy Limiting Resolution Matters Outside Jurisdiction of the City
- Review of additional Text Messaging Retention applications (in addition to Smarsh presented in 2024)
- Review of the City Council Policies and Procedure manual (1 st draft) December 1, 2025
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