City Council and Authorities Concurrent
July 7, 2026

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc the beginning of each fiscal year and as determined
by the Council; and that the annual budget shall be
adopted on or before June 30th of each year and the
tax levy fixed by August 15th of each year and
providing for the adoption of an interim budget
when a change in fiscal years requires the same?"

Measure B: Classified Service
(Passed) Yes - 6,450 No - 4,628
"Shall Section 1101 of the Charter be amended to
provide for the division of the Civil Service of
the City into the Classified and Unclassified
Service and providing how said services shall be
comprised and adding a provision that a department
of the City may by ordinance be divided into
divisions and the heads of such divisions shall be
in the Unclassified Service?"

Measure C: Supervision by City Engineer
(Passed) Yes - 8,936 No - 2,571
"Shall Section 905 of the Charter of the City of
Santa Clara be amended to provide that the City
Engineer shall supervise and be responsible for all
engineering work of the City, and that the head of
the Department of Public Works and Utilities shall
supervise and be responsible for the inspection,
care, maintenance and repair of various public
works and public utilities of said City?"

1965 Section 905.1 position of City Engineer and Section 905.2 Director of Public Works.

February 15, 1967

Prop A Amend Sec. 702 – Each Council Member shall receive $200 p/month and the Mayor an additional $100 p/month (PASSED ELECTION).

Prop A1 Amend Section 702 to keep compensation of Mayor and Council limited according to standards of other general law cities the size of Santa Clara (FAILED ELECTION).

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc Prop B Amend Section 1320 – set aside a separate utilities fund and establish a sinking fund of $2,500,000 in utilities account (PASSED ELECTION).

Prop C Amend Section 1004 to delete restriction against reimbursement of Board and Commission members for
expenses (PASSED ELECTION). (Ordinance 1157, 2-15-67,
Minutes 4-11-67, p. 166).

June 4, 1968 (Primary Election) Charter Amendments

Measure N: Political Activities
(Failed) Yes - 5,743 No - 12,703
"Shall Section 1106 of the Charter of the City of
Santa Clara entitled 'Political Activities
Prohibited' be repealed?"

Measure O: City Councilmen
(Failed) Yes - 7,134 No - 12,060
"Shall Section 701 of the Charter of the City of
Santa Clara be amended to allow the election of a
person to hold office as a member of the City
Council no matter the number of consecutive terms
he has served, and to provide that no person shall
be eligible for appointment to fill a vacancy in
the Council until two years after any prior service
by him as a member of the City Council?"

November 5, 1968 (General Election)

Measure D: Elected Mayor
(Passed) Yes - 13,484 No - 12,047
"Shall the Charter of the City of Santa Clara be
changed to make the City's Mayor elected from the
City at large, to establish the provisions to
nominate and elect such officer, to establish the
compensation of the elective Mayor at $1,000 per
month, to establish at four years the term of such
Mayor and limit to two the number of successive
terms such a Mayor might serve, to set forth the
political position of the elective Mayor listing
his specific duties and powers, to establish

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc qualifications for all elective offices of City and
to establish a uniform procedure for filling
vacancies in all elective offices of City?"

November 7, 1972 (General Election)

Measure B: Eligibility for Candidate for City Offices (Passed) Yes - 17,717 No - 12,054
"Shall the Charter of the City of Santa Clara be
changed as follows: to expressly provide that no
person shall be eligible to be a candidate for or
to take or hold any elective office of the City
unless he has resided in the City for the year next
preceding the date of his election or appointment
to such office; by deleting from the Charter
Section 1106 which purports to prohibit certain
political activities by persons holding positions
in the classified service or on an eligible list;
by changing all references in Section 1200 of the
Charter from 'State Employees' Retirement Act' and
'State Employees' Retirement System' to 'Public
Employees' Retirement Law' and 'Public Employees'
Retirement System,' respectively; and by deleting
Articles XV and XVI of the Charter which articles
contain provisions with reference to Police Court
and School Department, respectively?"

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc Measure C: City Clerk; Powers, Duties
(Failed) Yes - 14,057 No - 14,368
"Shall the Charter of the City of Santa Clara be
changed as follows: by deleting the provision from
Section 903 of the Charter that 'The City Council
may, in its discretion, appoint any other officer
or employee of the City as City Clerk and grant
such person additional compensation for the
performance of such duties.'; by changing the title
of Section 1101 from 'Classified Service' to
'Classified and Unclassified Service', by changing
the numbering and sequence of the offices and
positions listed as comprising the unclassified
service and by deleting the specific reference to
City Clerk and Chief of the Police Department from
such listing."

Measure D: Eligibility of Councilmen and Mayor
(Failed) Yes - 7,525 No - 22,175
"Shall the Charter of the City of Santa Clara be
changed by removing the present restrictions on the
eligibility of Councilmen, including the Mayor, to
serve more than two consecutive elective terms as
such, respectively?"

Measure E: Sale City Owned Property
(Failed) Yes - 8,510 No - 19,948
"Shall the Charter of the City of Santa Clara be
changed as follows: that Section 714 of the
Charter shall provide that City owned property up
to and include $2,500 in value may be sold without
first publishing notice of intention to sell in an
official newspaper once a week for two weeks
preceding the date of such sale; that with respect
to contracts on public works the formal advertised
procurement procedures of Section 1310 of the
Charter would be changed to contracts involving an
expenditure of more than $3,500; that all other
provisions of the Sections 714 and 1310 shall
remain in full force and effect, unchanged?"

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc Measure F: Terms of Elected Candidates
(Passed) Yes - 15,079 No - 12,031
"Shall the Charter of the City of Santa Clara be
changed to provide generally that all candidates
hereafter elected at any general municipal
elections prescribed in the Charter, shall serve
for a term of four years, commencing forthwith on
completion of the canvass of ballots of such
election, and continuing until their respective
successors shall have been elected and qualified,
with the exception that candidates so elected for
other than an unexpired term in such a municipal
election held in 1973 and 1975 shall serve for a
term commencing on the first Monday in May of such
years following each of such elections and ending
in the fourth year thereafter on completion of the
canvass of ballots of the general municipal
election held in such year, and at the time their
respective successors have been elected and
qualified?"

Measure G: Council Seats Numbered
( Passed) Yes - 17,650 No - 9,229
"Shall the Charter of the City of Santa Clara be
changed by providing for the designation of Council
seats, providing a procedure for the election and
filling of the separate seats, prohibiting a person
from being a candidate for more than one such seat
and restricting certain incumbent members of the
City Council from being a candidate for any
numbered Council seat other than the one which he
holds?"

Measure H: Compensation of Council Members
(Failed) Yes - 11,949 No - 16,725
"Shall Section 700 of the Charter of the City of
Santa Clara be changed to provide that each member
of the City Council shall receive as compensation
the sum of three hundred dollars ($300) per month?"

April 5, 1977 Election Primary

Proposition A: Change Election Date

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc (Passed) YES - 4,614 NO - 4,084
“Shall the Charter of the City of Santa Clara be
amended by changing the date of holding the City’s
general municipal elections?”

Proposition B: City Council Compensation
(Failed) YES - 1,084 NO - 7,712
“Shall Section 702 of the Charter of the City of
Santa Clara be amended to provide a $400 per month
compensation for each member of the City Council
other than the Mayor, for a $1,667 per month
compensation for the Mayor?”

Proposition C: City
Council Medical/Dental Benefits
(Failed) YES - 1,395 NO - 7,292
“Shall the Charter of the City of Santa Clara be
changed to provide the same medical and dental
benefits for each member of the City Council
including the Mayor as is provided from time to
time to the holders of the City elective offices of
City Clerk and/or Chief of Police?”

Proposition D: City Property Disposition Under $5,000 Value (Failed) YES - 1,416 NO - 6,983
“Shall Section 714 of the Charter of the City of
Santa Clara be revised as proposed to provide
alternate procedures for the City Council to
exercise the City Council’s power to lease, sell,
or convey City property?”

Proposition 1: Neighborhood Senior Citizen Housing
(Advisory Vote Only)
(Passed) YES - 4,787 NO - 3,660
“Shall it be recommended that the City of Santa
Clara shall comply with the Housing and Development
Act of 1974 and allow to be completed by 1979
within the boundaries of the City of Santa Clara
195 senior citizen housing units where these units
will be developed within any geographical area of
the City of Santa Clara with an attempt to
encourage the distribution of these housing units
throughout the City’s neighborhoods?”

Proposition 2: High Rise Housing

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc (Advisory Vote Only
(Failed) YES - 3,820 NO - 4,816
“Shall it be recommended that the City of Santa
Clara approve the concept of a federally funded
retirement facility with rent supplements in the
University Redevelopment Project, which facility
would be constructed at no cost to the City, would
be a nine- story high- rise of approximately the
height of the existing Bank of America Building in
the Project Area, and which would include
approximately 176 apartment units, a dining room,
leisure time areas, the area of the ground floor
for commercial use and adjacent parking, the
construction of which facility would help satisfy
the commitments of the City of Santa Clara to
provide housing for lower and middle income
elderly?”

November 6, 1979 (Special Statewide Election)

Proposition D: Amend Election Date
(Passed) Yes - 7,500 No - 495
"Shall the City of Santa Clara's general municipal
elections be held on the same dates as the regular
election of the Santa Clara Unified School
District?"

November 4, 1980 (General Election) Charter Amendment

Measure N: Utility Tax Transfer
(Passed) Yes - 16,205 No - 10,047
"Shall Section 1320 of the Charter of the City of
Santa Clara be amended to delete therefrom the
authority of the City to transfer to its General
Fund the balance of any monies remaining in excess
of the Charter prescribed sinking fund for
replacement of utilities property?"

November 3, 1981 (Special Election)

Measure E: Revenue Bonds

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc (Passed) Yes - 4,792 No - 4,070
"Shall the Charter of the City of Santa Clara be
changed to provide that the City may issue revenue
bonds, payable solely from the revenues of the
electrical works without tax liability, to finance
the production, transmission, distribution and non-
nuclear generation of electric energy without
requiring an election?"

Measure F: Council Salaries
(Failed) Yes - 2,459 No - 6,327
"Shall the Charter of the City of Santa Clara be
amended to provide a $400 per month compensation
for each member of the City Council other than the
Mayor, and for a $1500 per month compensation for
the Mayor?"

November 4, 1986 (General Election)

Measure K: Charter Amendment-Council Compensation
(Failed) Yes - 8,239 No - 12,863
"Amends Section 702 of the Santa Clara Charter to
provide $1,000 per month compensation for each
member of the City Council other than Mayor, and
$1,800 per month compensation for the Mayor."

Measure L: Charter Amendment-Council Compensation
(Failed) Yes - 6,122 No - 14,287
"Amends Section 702 of the Santa Clara Charter, as
indicated in the text of the amendment, to provide
each member of the City Council with compensation
comparable to the maximum compensation authorized
by state law for the respective council counterpart
in the general law city."

June 7, 1994 (Special Municipal Election)

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc Measure B: Chief of Police Appointment.
(Failed) Yes - 4,370 No - 10,079
Amends the Charter of the City of Santa Clara to
provide for the appointment of the Chief of Police
by the City Manager rather than selection of the
Chief of Police by the current election process.

March 7, 2000 (Special Municipal Election)

Measure H: Charter Amendment – Obsolete Language
(Passed) Yes - 16,047 No - 2,880
Amends the Charter by eliminating obsolete,
unnecessary and unclear language, making the
Charter gender neutral, making the Charter
consistent with current legal requirements, and
making minor revisions to make the Charter
consistent with modern city charters.

Measure I: Charter Amendment – Chief of Police Requirements (Passed) Yes – 16,558 No – 2,244
Amends the Charter to require that candidates for
the elected office of Chief of Police meet the
minimum eligibility and qualification requirements
imposed by State law upon candidates for the office
of Sheriff.

Measure J: Charter Amendment – Council and Mayor Compensation (Passed) Yes – 10,791 No – 7,924
Amends the Charter to provide for an increase in
City Council Member compensation to $600 per month
with annual increases for the Mayor and City
Council members equal to the consumer price index,
but not to exceed 5% in any year.

Measure K: Charter Amendment – Disposal of City-owned Real Property
(Failed) Yes – 6,819 No – 11,907
Amends the Charter to permit the disposal of City-
owned real property of $50,000 or less in value
without publishing in an official newspaper a
notice of intention to sell real property.

Measure L: Charter Amendment – Award of Public Works Contracts

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc of up to $50,000 in value
(Failed) Yes – 7,332 No – 11,269
Amends the Charter to permit the award of public
works contracts of up to $50,000 in value, with an
annual increase consistent with the consumer price
index, without publishing in an official newspaper
a notice of intent to award a public works
contract, provided that the City Council first
establishes by ordinance a competitive bid
procedure for such contracts.

November 7, 2006 (General Municipal Election)
Measure B: Binding arbitration for certain personnel of the Police and Fire Departments
Shall a section be added to the City Charter which
would require binding arbitration before a three
person arbitration panel of all unresolved disputes
between the City and certain personnel of the
Police and Fire Departments on all matters relating
to wages, hours, and other terms and conditions of
City employment, including the interpretation and
application of any existing labor agreements?
(Failed) Yes – 9,853 No – 12,612

November 8, 2016 (Special Municipal Election)
Measure O: Setting of Salaries for Mayor and City Council.

Shall Section 702 of the Santa Clara City Charter
be amended to set the salaries of the Mayor at
$2500 per month and City Council at $2000 per
month, and to create a Salary Setting Commission to
review and adjust those salaries every two years?
(Passed) Yes – 25,640 No – 10,393

Measure P: Mayor and City Council Term Limits. Shall Sections 701 and 704.1 of the Santa Clara City Charter be
amended to limit the Mayor and members of the City
Council to no more than two full terms for each
office, and to define a partial term in excess of
two years as a full term?
(Passed) Yes – 29,495 No – 6,908

Measure Q: Filling Vacancies in City Elected Offices. Shall Section 703 of the Santa Clara City Charter be

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc amended to provide that vacancies in any elective
office of the City be filled by a four-fifths (4/5)
vote of the City Council and to require that
persons appointed to fill vacancies occurring in
the first half of a term of office shall hold
office until the next general municipal election?
(Passed) Yes – 28,156 No – 6,855

Measure R: Protection of Parkland and Open Space. Shall Section 714.1 of the Santa Clara City Charter be
added to provide that no City owned land used for
park or recreational purposes, including the
Ulistac Natural Area and the Santa Clara Soccer
Park, shall be sold or disposed of by the City
without being authorized by a two -thirds (2/3)
majority vote and that development upon such
property shall be subject to referendum?
(Passed) Yes – 33,552 No – 3,890

June 5, 2018 (Special Municipal Election)
Measure A: DISTRICT COUNCIL ELECTIONS/VOTING METHOD:

Shall the City Charter be amended to establish two
districts starting in 2020 to be represented by
three Council Members each; and , when available,
use ranked choice voting to allow voters to select
candidates in order of choice to determine the
winners of elections of all city elected officers?
( Failed) Yes – 9,169 No – 10,023

November 6, 2018 (Municipal Election)

Measure N: ADVISORY VOTE: BY DISTRICT COUNCIL ELECTIONS Shall the City of Santa Clara engage the voters in
a public process to draft a Charter Amendment
ballot measure to elect its Council Members, other
than the Mayor, by district?
(Passed) Yes – 21,902 No – 9,208

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc March 3, 2020 (Special Municipal Election)
Measure C: DISTRICT COUNCIL ELECTIONS:

Shall the City Charter be amended to elect City
Council Members by district, excepting the Mayor,
as follows: for the 2020 election to establish six
districts for the election of one Council Member to
represent each district; and, beginning in 2022 to
establish three districts for the election of two
Council members to represent each district; and to
require an independent redistricting committee?
(Failed) Yes – 9,731 No – 15,458

June 7, 2022 (Special Election)
Measure D: DISTRICT COUNCIL ELECTIONS:

Shall the City Charter be amended to elect city
council members by district, excepting the mayor,
to establish six districts for the election of one
council member to represent each district; and to
establish a 30 -day residency requirement for all
elected officials?
( Passed) Yes – 14,172 No – 3,835

November 8, 2022 (Municipal Election)
Measure G: CITY OF SANTA CLARA NO TAX INCREASE/SERVICES PROTECTION MEASURE:

To protect essential services without raising
taxes, such as 9-1-1 response; police patrols, fire
protection; street/storm drain repair, and
maintaining reliable local utility service; shall
Section 1320 of the Charter continuing the annual
budget transfer of funds from City utilities to the
general fund at 5% of gross receipts until ended by
voters, generating approximately $30,000,000
annually, with independent audits, all funds local,
be reaffirmed/adopted?
(Passed) Yes – 24,643 No – 4,629

S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc March 5, 2024 (Special Election)
Measure A: PROPOSES TO AMEND THE CITY CHARTER TO CHANGE THE

POSITIOON OF CITY CLERK FROM A POSITION ELECTED

EVERY FOUR YEARS TO A POSITION APPOINTED BY THE

CITY MANAGER, SIMILAR TO OTHER CITY DEPARTMENT
HEADS
Shall an amendment to the City Charter providing
that the City Clerk position be appointed by the
City Manager be adopted?
(Failed) Yes – 6,580 No – 13,735

March 5, 2024 (Special Election)
Measure B: PROPOSES TO AMEND THE CITY CHARTER TO CHANGE THE

POSITIOON OF CHIEF OF POLICE FROM A POSITION

ELECTED EVERY FOUR YEARS TO A POSITION APPOINTED

BY THE CITY MANAGER, SIMILAR TO OTHER CITY

DEPARTMENT HEADS
Shall an amendment to the City Charter providing
that the Chief of Police position be appointed by
the City Manager be adopted?
(Failed) Yes – 5,680 No – 14,887

City Attorney’s Office
Memorandum
DATE: July 1, 2026
TO: Honorable Mayor and Council Members
FROM: Glen R. Googins, City Attorney
CC: Charter Review Committee Members
SUBJECT: Supplemental Information to Facilitate City Council Discussions and Possible Action on a Proposed Comprehensive Charter Update for Presentation to the Voters at the November 2026 Election

At the Council’s June 15 th meeting, after deliberati ng upon the Charter Review Committee’s recommendation for a comprehensive Charter update, the City Council directed staff to finalize and bring back for Council action a Charter update ballot measure to include all proposed “Level One” and “Level Two” changes. The Council also directed that the Committee’s recommendation for updating the Charter’s Public Works provisions be brought back for further discussion and action, potentially as a stand-alone ballot measure. City staff is currently targeting Council’s July 7th meeting to bring these items back for further Council consideration and direction. Consistent with the current City Council meeting schedule, and in light of the County Registrar of Voters August 7th filing deadline, any City Council final action for a November 2026 ballot measure would need to occur by no later than July 14th.

In preparation for these upcoming Council meetings, and in response to some of the questions and concerns raised by Council at the June 15 th meeting, the purpose of this
Memorandum is to provide Council with supplemental information to facilitate its Charter Project evaluation and decision-making process. This information is being provided at the request of the Charter Review Committee (CRC) after their discussions at the June 17th CRC meeting.

Additional information regarding the CRC’s recommended Public Works update will also be presented at the July 7
th meeting.

Clarification on “Levels” of Proposed Changes and Corresponding Updates to Charter Drafts to More Clearly Identify Levels on a Section-by-Section Basis

At the June 15
th Council meeting there were a number of questions regarding the use of “Levels” to characterize the proposed changes to the Charter. Although Council questions and perspectives varied, the common thread was a desire that the Council— and ultimately the voting public—be given the best possible tools to understand what was City of
Santa Clara
The Center of What's Possible
Re: Supplemental Information to Facilitate City Council Discussions and Possible Action on a Proposed Comprehensive Charter Update for Presentation to the Voters at the November 2026 Election

2 being proposed . In response, after discussions at their June 17 th meeting, the CRC requested that staff review the proposed Charter drafts, including the “annotations” in the margins that explain many of the proposed changes, to determine if additional, explanatory detail could be added, including more detail on the applicable “Levels” of the proposed changes.

As a reminder, the following system of “Levels” was used to develop and present the CRC’s recommendation to Council for the Charter update project. These “Levels” were developed to be consistent with the original Charter Project purposes, as expressed in the CRC’s adopted bylaws. The were presented in full form to the Council as part of the CRC’s update to Council back in April, and presented again with the CRC’s final report and recommendation at the June 9
th City Council meeting.

Level One
Changes in form and appearance that are not substantive. Includes corrections, rewording for clarity, reorganization, elimination of redundancies, consistency of cross - references and numbering, consolidation of sections, elimination of headings for previously deleted sections, rewording of headings to better reflect content, addition of subheadings, defined terms, and other Charter -wide conventions to improve comprehension and usability.

Level Two
Rewordings, deletions and additions intended to add clarity, fill gaps, eliminate ambiguities, replace outdated (no longer used) practices with current “best” practices, and provide consistency with state law. Some changes are “substantive” but are not thought to be that significant or made in sensitive areas so as to warrant consideration as possible separate ballot measures.

Level Three
Changes to policies or procedures that may be considered “best practices” or are otherwise viewed as desirable, and that the CRC recommends, but either involve political sensitivity, or are of such independent significance, that they may justify consideration as separate ballot measures.

To facilitate City Council review of the CRC’s recommendation for a comprehensive Charter update in the context of the above-reference Levels, attached to this Memorandum are updated versions of both the underline/strikeout and the “clean” versions of the proposed Charter update. These updated versions now include in the annotations for each proposed change, a color -coded reference to the Level of change being proposed. Level One changes are highlighted in green. Level Two changes are highlighted in blue. And any changes that might be considered Level Three are highlighted in yellow.

As a reminder, t hese annotations also include references to primary source materials, applicable laws, and the stakeholder input considered by the CRC in proposing these -
Re: Supplemental Information to Facilitate City Council Discussions and Possible Action on a Proposed Comprehensive Charter Update for Presentation to the Voters at the November 2026 Election

3 changes. For the more substantive proposed changes, or proposed changes in politically sensitive areas, many annotations also include summaries of the CRC’s thought process that went into the development and ultimate recommendation for each proposed modification. For those looking for the deepest dive into the proposal, it is recommended that reference be made to the underline/strikeout version of the proposal, with particular attention to the comments included in the margins.

Further Thoughts on How to Factor in “Levels” in Determining What should go into any Proposed Ballot Measure

The original idea behind the Levels was that any proposed comprehensive Charter update measure would include, at a minimum, all recommended Level One and Level Two proposals. In addition, also as part of the original Levels concept, was the idea that any comprehensive Charter update proposal would also include any and all Level Three changes that the Council thought desirable and appropriate unless one of two circumstances existed. The first circumstance would be if a proposed Level Three change was thought to be so politically sensitive that, if it were to be included in the comprehensive update measure, it might put voter approval of the Level One and Level Two changes in jeopardy. The second circumstance would be if a proposed Level Three change was considered to be so substantive that it may warrant separate consideration as its own ballot measure. If any Level Three proposal was thought to be too sensitive to include within the comprehensive update proposal, but not important enough to warrant being presented as its own measure, it could simply be excluded.

Currently Excluded “Level Three” Proposals . With its initial actions, it appears that the Council has determined that the CRC’s proposed Level Three change to modify voter approved Measure R regarding disposition of parklands (proposed new Section 102.3(b)(4)) is too sensitive to be included in any proposed comprehensive Charter update, and not valuable enough to warrant consideration as a separate ballot measure.

The same appears to be true with respect to the CRC’s proposed changes to provisions adding qualifications and duties to the elected Chief of Police position (proposed updates to renumbered Sections 201.2 and 202.3) . Changes to the civil service provisions (renumbered Sections 701 and 702) that were not approved by the City’s bargaining units are not included in the proposed comprehensive update, and not considered for separate treatment, for similar reasons.

Level Three Proposal Under Consideration as a Separate Ballot Measure. With respect to the CRC’s proposed update to the City’s outdated Public Works provisions (proposed new Section 802.2), the Council is currently considering presentation of this proposal to the voters as a “stand alone” ballot measure, separate from the proposed comprehensive Charter update measure. The rationale appears to be that this measure is of such stand- alone value, that it warrants separate consideration. That being said, if t he Council determined that the Public Works update is not likely to be controversial and is more of an update to align the Charter with current best practices, consistent with the Charter Re: Supplemental Information to Facilitate City Council Discussions and Possible Action on a Proposed Comprehensive Charter Update for Presentation to the Voters at the November 2026 Election

4 Project’s original principles, the Public Works update could still be included as part of any proposed comprehensive Charter update.

Proposed Charter Update Provisions Requiring the Development of New City Ordinances and Policies.

Another matter of some discussion at the June 15
th Council meeting, were the proposed
Charter updates requiring Council to adopt implementing ordinances and/or policies. At one point it was suggested that the proposed update may require as many as 18 new ordinances and/or policies. This struck both City staff and the CRC as a high number. It also highlighted the importance of making it clear to the Council and the public how many and what types of new ordinances and policies would be required if the Charter were to be updated.

After a comprehensive review of the new proposed Charter provisions, the following required ordinances and policies were identified. In the attached updated draft Charter, all of these changes have been noted in the margins, color-coded in grey.

1. Redistricting Ordinance . Per Section 304, the City Council is to adopt an ordinance to develop the process for Mandatory Redistricting, including the creation of a Redistricting Commission.

2. Policy for Appointment, Renewal, Removal of Boards and Commission Members. Per Section 602.1, the City Council is to develop a policy for the appointment, renewal and removal of Boards and Commissioners in an “orderly and transparent manner.”

3. Policy for Excused Absences. Per Section 205.1(7) and 602.3, the Charter contemplates a City Council policy regarding excused absences for City Council Members and Boards and Commission members as a basis for their excusal and potential removal if they incur a defined number of unexcused absences.

4. Public Works Update Ordinance . Per Section 802.2, the City Council must adopt an ordinance to implement the outlined standards and rules for Public Works procurement; such ordinance would include provisions for “ alternative” procurement mechanisms (e.g., design-build).

5. Enhanced Legal Noticing. Per Section 904.2 the Council is to adopt a legal noticing policy to add to the City’s existing conventional requirements a provision to make use of the latest technology to notify people requesting notice or likely to be impacted by a City Council action.

-
Re: Supplemental Information to Facilitate City Council Discussions and Possible Action on a Proposed Comprehensive Charter Update for Presentation to the Voters at the November 2026 Election

5 The creation of the above- referenced new ordinances and policies will involve a fair amount of staff work. However, in the view of the CRC and professional City staff, the added value of having such policies in place will be worth it.

To cover the time period between the effective date of the Charter and the implementation of the required/contemplated new laws, proposed new Section 905 provides as follows:

“Pending the enactment of any ordinance or policy required or contemplated under the terms of this Charter, existing Local Laws shall govern. To the extent there are no applicable Local Laws in these areas, General City Laws shall apply, but only to the extent consistent with the terms of this Charter.”

Additional Proposed Language and Updates

The attached updated Charter also includes a number of minor modifications to make corrections and to implement suggested minor modifications identified and recommended by City professional staff and the CRC ad hoc subcommittee designated to assist with the Charter update presentation and finalization. These modifications are highlighted in the Charter itself in yellow and, where appropriate, explained through added notes in the margins.

The are two additional sets of modifications of note included in the attached updated versions of the Charter:

1, Civil Service Sections . Please note that the proposed modifications to the Civil Service provisions of the Charter (Current Sections 1010 and 1011 and Article XI; Proposed Section 604.3 and Article Seven), are now aligned through the meet and confer process with the positions of the various City labor unions. As noted above, any proposed provisions not agreed to by the labor unions have been excluded.

Although this is unfortunate, the agreed to changes that are included are still worth making and are a good addition to the comprehensive Charter update proposal.

2. Revenue Bond Financing. One significant set of proposed changes based on recent input from bond counsel relates to provisions for the issuance of revenue bonds to finance utility infrastructure. These changes are presented in new Section 805.6. They replace what bond counsel and City staff consider to be outdated language set forth in existing Charter Section 1321. The language in new Section 805.6 is consistent with current/best practices for utility infrastructure financing. It would allow the Cit y to issue revenue bonds to finance utility infrastructure pursuant to a City Council resolution , without the requirement for voter approval. The rationale for this is that revenue bond debt is not like general fund debt that relies on new taxes for repayment . Under state law, that type of general obligation bond debt requires voter approval. Instead, repayment of utility revenue bond debt is secured solely by a pledge of actually received utility enterprise revenues. Many other Charter cities including Sunnyvale, San Diego, -
Re: Supplemental Information to Facilitate City Council Discussions and Possible Action on a Proposed Comprehensive Charter Update for Presentation to the Voters at the November 2026 Election

6 Los Angeles, Hayward, Oakland, Pasadena, Redwood City, Sacramento and San Francisco have similar provisions in their charters . This type of debt is also allowed for general law cities, but in that case requires majority voter approval (not the 2/3rds voter approval required by the current Santa Clara City Charter).

The deleted provisions regarding revenue bond financing are considered to be outdated and limiting in ways that go beyond current state law limitations and best practices that have evolved over time. Although in the interim, the City has been able to finance utility infrastructure using debt financing without voter approval (for example, using certificates of participation), this finance mechanism is more
cumbersome and costly. Accordingly, it is recommend that the existing provisions for revenue bond financing be replaced with the provisions and guidelines set forth in new Section 805.6.

Note: However much aligned this proposal is with current/best practices, because it proposes removing a voter approval right, it could be viewed as a Level Three proposal.

Conclusion/Next Steps

The CRC recommendation is obviously substantial. The hope is that the amount and types of information presented will allow the Council to digest and evaluate the proposal efficiently and with a full understanding of the context in which the recommendation is being made. If the Council proceeds with the CRC’s recommendation to place one or more measures on the November 2026 ballot, additional information will be developed and made accessible to voters in order to enhance their understanding of the full scope and breadth of the measure as well.

As a reminder, if Council desires to proceed to place one or more Charter Project measures on the ballot, the full ballot package would need to be delivered to the County Registrar by no later than August 7, 2026. In order not to intrude on the Council’s scheduled summer recess, that means any final City Council action on a Charter update ballot proposal would need to occur at the Council’s currently scheduled July 14, 2026 meeting.

Attachments

1. City Charter with Proposed Modifications —Underline/Strikeout Version with Updated Language and Annotations

2. City Charter with Proposed Modifications —Clean Version (Changes Accepted) with Updated Language and Annotations

---
Charter-1 (Revised 7/23)

MASTER WORKING
DRAFT
6/237/1/266/5/26

THE CHARTER OF

THE CITY OF SANTA CLARA

CALIFORNIA
Group One
Powers and Structure of City Government:

Rules/Process for Action

Steve Kelly
Bernard Tansey
Patrick Nikolai
Eric Jensen
Joe Sosinski

Group Two
City Council: Elections, Powers and Conduct of
Meetings

Steve Kelly
Mark Boeckman
Eric Crutchlow
Holly Roberts
Susan Peters

Group Three
Senior Officials: Duties and Qualifications

Bernard Tansey
Patrick Nikolai
Lauren Diamond
Mohammad Naveed

Group Four
Boards and Commissions: Composition, Powers and
Duties

Lauren Diamond
John Brooks
Burt Field
Joe Sosinski

Group Five
Civil Service: General Rules for Classified and
Unclassified Employees; Commission
Composition and Duties

Susan Peters
Mark Boeckman
Holly Roberts
Mohammad Naveed
Group Six
Fiscal Administration and Procurement

Eric Jensen
Eric Crutchlow
John Brooks
Burt Field
Charter-2 (Revised 7/23)

Sec. 100 Name.

Sec. 200 Boundaries.

Sec. 300 Rights and liabilities.

Sec. 301 Ordinances.

Article I. Name of City
Article II. Boundaries
Article III. Succession
Charter-3 (Revised 7/23)
Sec. 302 Continuance of present officers and employees.

Sec. 303 Continuance of contracts and public improvements.

Sec. 304 Pending actions and proceedings.

Article IV. Powers
Sec. 400 General grant of power.

Sec. 401 Disposal of public utility.

Article V. Form of Government
Sec. 500 Form of government.

Article VI. The Elective Officers

Sec 600 City Elected Officers
Sec. 600.01 Municipal elections.

Sec. 600.02 Consolidation of elections.

Article VII. The Council

Sec. 700 Term – Method of holding elections.

Sec. 700.1 Elections – City Council Districts.

Sec. 700.2 Election Following Change of Boundaries.

Sec. 701 Term limits of mayor and council members.

Sec. 701.1 Qualifications for Chief of the Police Department.

Sec. 702 Compensation.

Sec. 703 Vacancies.

Sec. 704 Presiding officer – Mayor.

Sec. 704.1 Mayor – Limitation of terms.

Sec. 704.2 Mayor – Political position.

Sec. 704.3 Mayor – Powers and duties.

Sec. 704.4 Mayor – Vacancy.

Sec. 705 Vice Mayor.

Sec. 706 Powers.

Sec. 707 Regular meetings.

Sec. 708 Special meetings.

Sec. 709 Place of meeting.

Sec. 710 Quorum.

Sec. 711 Election and qualification of Council members.

Sec. 712 Proceedings.

Sec. 713 Action by ordinance or resolution.

Sec. 714 Power to lease, sell, or convey City property.

Sec. 714.1 Protection of parkland and public open space.

Sec. 715 Power to levy and collect taxes.

Article VIII. City Manager, Ordinances, Meetings

Sec. 800 Appointment.

Sec. 801 Compensation.

Sec. 802 Powers and duties.

Sec. 803 Rules and regulations.

Sec. 804 Manager pro tempore.
•
I
L........,
r-
i..,
• .,
r--
r-
I
'
r
Charter-4 (Revised 7/23)
Sec. 805 Participation in Council action.

Sec. 806 Removal of the City Manager.

Sec. 807 Prohibition against Councilmanic interference.

Sec. 808 Ordinances.

Sec. 809 Repeal or amendment of ordinances.

Sec. 810 Effective date of ordinances.

Sec. 811 Emergency ordinances.

Sec. 812 Publication of ordinances.

Sec. 813 Codification of ordinances.

Sec. 814 Adoption of printed building codes, etc.

Sec. 815 Publishing of legal notices.

Article IX. Officers and Employees

Sec. 900 Officers to be appointed by the City Council and by the City Manager.

Sec. 901 Other appointive officers.

Sec. 902 Appointive officers; duties.

Sec. 903 City clerk; powers and duties.

Sec. 904 Director of Finance.

Sec. 905 City Engineer and Department of Public Works.

Sec. 906 Chief of the Police Department.

Sec. 907 Chief of the Fire Department.

Sec. 908 City Attorney.

Sec. 909 City Auditor.

Sec. 910 Administrative Code.

Sec. 911 Official bonds.

Sec. 912 Oath of office.

Article X. Appointive Boards and Commissions

Sec. 1000 In general.

Sec. 1001 Appropriations.

Sec. 1002 Appointments; terms.

Sec. 1003 Meetings; Chair.

Sec. 1004 Compensation, vacancies.

Sec. 1005 Oaths; affirmations.

Sec. 1006 Planning Commission – Generally.

Sec. 1007 Planning Commission – Duties and powers.

Sec. 1008 Parks and Recreation Commission.

Sec. 1009 Parks and Recreation Commission – Powers and duties.

Sec. 1010 Civil Service Commission.

Sec. 1011 Civil Service Commission – Powers and duties.

Sec. 1012 Board of Library Trustees.

Sec. 1013 Board of Library Trustees – Powers and duties.

Article XI. Civil Service
Sec. 1100 Civil service; merit principle.

Sec. 1101 Classified service.

Sec. 1102 Appointments from classified to the unclassified service. r
=------------ ----cr-­
---------- ---<r-
.......

I
Charter-5 (Revised 7/23)
Santa Clara City Code Sec. 100

Sec. 1103 Classification.

Sec. 1104 Pay plan.

Sec. 1105 Civil service rules and regulations.

Sec. 1106 Reserved.

Sec. 1107 Prohibitions.

Sec. 1108 Contract for administrative services.

Article XII. Retirement

Sec. 1200 State system.

Sec. 1300 Fiscal year.

Article XIII. Fiscal Administration
Sec. 1301 Annual budget; preparation by the City Manager.

Sec. 1302 Budget – Submission to City Council.

Sec. 1303 Budget – Public hearing.

Sec. 1304 Budget – Further consideration and adoption.

Sec. 1305 Budget – Appropriations.

Sec. 1309 Bonded debt limit.

Sec. 1310 Contracts on public works.

Sec. 1311 General fund.

Sec. 1312 Capital project funds.

Sec. 1313 Department funds.

Sec. 1314 Petty cash funds.

Sec. 1317 Actions against City.

Sec. 1318 Centralized purchasing.

Sec. 1319 Independent audit.

Sec. 1320 Utilities fund.

Sec. 1321 Revenue bonds.

Sec. 1400 Procedure; terms.

Article XIV. Franchises

Article XV. Reserved
Article XVI. Reserved
Article XVII. Reserved Powers, State Election Code and Amendments to State Elections Code Article XVIII. Miscellaneous
Sec. 1800 Definitions.

Sec. 1801 Violations.

Sec. 1802 Validity.

Sec. 1803 Effective date.

Sec. 100 Name.

Charter-6 (Revised 7/23)
COURTNEY: CREATE AND INSERT REVISED TABLE OF CONTENTS

Preamble

Article One: Foundational Terms
Section 100 Name Incorporation and Charter City Status
Section 101 City Boundaries
Section 102 Charter City Authority.
102.1 In General.
102.2 Relationship with Other Laws.
102.3 Voter Approved Limitations on City Authority .
a. Disposal of Public Utilities.
b. Disposal or Change of Use of Certain City Park Land. 102.4 Powers of Initiative, Referendum and Recall.

Section 103 City Council-Manager Form of Government.

Section 104. Effective Date; Amendment
Section 105 Use and Definitions of Capitalized Terms.

Article Two. Elected Officials
Section 200 In General.

Section 201 Qualifications
201.1 Requirements for All Elected Officials.
201.2 Special Requirements for the Chief of Police.
201.3 Challenges to Qualifications .

Section 202 Powers and Duties
202.1 Mayor [Powers and Duties]
a. In General
b. Limitations on Authority
c. Vice Mayor
202.2 City Council [Powers and Duties]
a. In General
b. Individual Council Members
c. Limitations on Authority
202.3 Chief of Police [Powers and Duties].
202.4 City Clerk [Powers and Duties.]
a. City Clerk
b. Assistant City Clerk
Section 203 Terms of Office
203.1 In General
203.2 Term Limits
a. Mayor and Council Members
b. Chief of Police and City Clerk
203.3 Additional Rules for Elected Official Candidacies and Holding Office Section 204 Compensation.
204.1 In General.
204.2 Reductions for Unexcused Absences.

Section 205 Vacancies.
205.1 What Constitutes a Vacancy.
205.2 Process for Filling Vacancies.
a. By Appointment
b. By Election
205.3 Term for Appointed/Elected Council Members Filling Vacancies.

1 I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I I
I I
I J
I I I
I
l
I I
l
I
I
I
I
I
J
1 I
I
I
Charter-7 (Revised 7/23)
Article Three: City Elections
Section 300 In General.

Section 301 Regular and Special Elections.

Section 302 Administration and Determination of Election Outcomes. 302.1 In General.
302.2 Election Outcomes.
302.3 Role of City Council.

Section 303 City Council Members Nominated and Elected by Districts. 303.1 In General
303.2 Staggering of City Council District Elections
Section 304 Redistricting
304.1 Redistricting Process.
304.2 Redistricting Impact on Incumbents.

Article Four: City Council Meetings/Actions
Section 400 In General
Section 401 Meeting Scheduling, Location and Noticing
401.1 Regular Meetings
401.2 Special Meetings
401.3 Place of Meetings
401.4 Noticing
Section 402 Procedures and Requirements for Action
402.1 Quorum
402.2 Rules and Records of Proceedings
402.3 Action by Ordinance or Resolution
Section 403 Special Rules for Ordinances
403.1 Adoption
403.2 Repeal or Amendment.
403.3 Effective Date.
403.4 Emergency Ordinances
403.5 Posting and Publication.
403.6 Codification of Ordinances
403.7 Adoption of Printed or State Adopted Uniform Building Codes, etc.

Article Five: Structure of City Government
Section 500 In General
500.1 Organization by Departments
500.2 Administrative Code.

Section 501 Officers to be Appointed by the City Council 501.1 City Manager
501.2 City Attorney
501.3 City Auditor
Section 502 Officers and Employees to be Appointed by the City Manager 502.1 Department and Director of Finance
502.2 Department and Director of Public Works
502.3 Chief of the Fire Department

Article Six: Boards and Commissions
Section 600 In General
600.1 Chartered Boards and Commissions
600.2 City Council Created Boards and Commissions.
600.3 Qualifications.
600.4 Compensation.

I
I
I
I
I
l
l
• I
I
I
!
I
Charter-8 (Revised 7/23)
600.5 Rules of General Application.
600.6 Conflict of Interest Rules.

Section 601 Funding and Staff Support
Section 602 Appointments; Terms and Vacancies.
602.1 Appointment; Removal.
602.2 Terms of Service; Term Limits.
602.3 Vacancies.
602.4 Filling of Vacancies.

Section 603 Conduct of Meetings.
603.1 Meetings.
603.2 Chair.
603.3 Actions.
603.4 Additional Rules and Procedures.

Section 604 Composition, Powers and Duties of the Chartered Boards and Commissions. 604.1 Planning Commission
a. Composition
b. Powers and Duties
c. City Council Deference
604.2 Parks and Recreation Commission.
a. Composition.
b. Powers and Duties.
604.3 Civil Service Commission .
a. Composition.
b. Powers and Duties.
604.4 Board of Library Trustees .
a. Composition
b. Powers and Duties.
604.5 Salary Setting Commission
a. Composition and Appointment.
b. Power.
c. Special Rules for Benefits for Part Time Officials.

Section 605 Committees

Article Seven: Civil Service
Section 700 Civil Service; merit principle
Section 701 Classified Service
Section 702 Appointments from Classified to the Unclassified Service Section 703 Classification
Section 704 Pay Plan
Section 705 Civil Service Rules and Regulations
Section 706 Prohibitions
Section 707 Contract for administrative services
Section 708 Retirement
708.1 State system

Article Eight: Fiscal Administration and Procurement
Section 800 Fiscal year.

Section 801 Budget Preparation, Approval and Implementation 801.1 In General.
801.2 City Manager to Prepare.
801.3 Budget Contents.
801.4 Budget Approval Process.
a. Proposed Budget Submittal by the City Manager.

Charter-9 (Revised 7/23)
b. City Council Proposed Revisions and Notice of Public Hearing c. Public Hearing and Adoption
801.5 Budget Implementation
801.6 Budget Amendments
Section 802 Purchasing and Procurement
802.1 Goods and Services
802.2 Public Works
a. Rules to be Implemented by Ordinance.
b. Required Provisions.
c. Procurement Alternatives
d. Relationship with Other Laws
802.3 Franchises
Section 803 Audit Requirements
803.1 In General
803.2 Reporting
Section 804 Special Rules for Utilities Expenditures and Revenues Section 805 Finance and Tax Authority
805.1 Taxes, Assessments and Fees.
805.2 Issuance of Debt.
805.3 Limits on Indebtedness.
805.4 Special Rules for Financing of a Nuclear Plant
805.5 Special Rules for Revenue Bonds
a. In General
b. Applicable Procedures
c. Limited Obligations
d. No Voter Approval Required
805.6 Voter Approval Required

Article Nine: Miscellaneous and Legal Provisions
Section 900 Mandatory and Permissive.
901 Legal Actions Against the City.
902 Violations; Enforcement.
903 Effective Date.
904 Publication of Legal Notices.
905 Laws in Effect Pending Enactment of Ordinances.
906 City Clerk Authority to Make Minor Corrections
907 Official Oaths of Office.
908 Definitions.

To be added to Article Nine:

Legal Actions Against the City – currently in article 8 Publishing of Legal Notices
Laws in Effect Pending Enactment of Ordinances
Equivalent Law or Standards to Apply

Charter-10 (Revised 7/23)

PREAMBLE

We, the people of the City of Santa Clara, pursuant to our authority under the laws of the State of California, hereby adopt this Charter to be the rules for the governance and operations of our City in an open, fair and effective manner.

Article One
I. Foundational Terms Name of City

Section 100 Name, Incorporation and Charter City Status.

The City of Santa Clara (“City”) is a chartered municipal corporation of the State of California (“State”). The City’s official name is “Santa Clara” but it may be referred to from time to time as the “City of Santa Clara.” The City was incorporated in July of 1852 under the name “Santa Clara.” City records indicate that previous Charters were adopted for the “Town of Santa Clara” in 1927 and for the “City of Santa Clara” in 1951. now existing and known as the “City of Santa Clara” shall remain and continue to be a municipal body politic and corporate, as at present, in name, in fact, and in law.

Commented [GG1]: Not legally required, but thought to
be a good presentation and framing of what a Charter is, consistent with the purposes of the Charter Project

Level Two
Commented [GG2]: Article One aggregates Old Articles I
through V, eliminating unnecessary terms and adding
language to inform the public on certain Charter essentials.

Both Level One and Level Two as indicated, below
Commented [GG3]: Section revised to indicate “official
name” as “Santa Clara,” and that it can be referred to as the “City of Santa Clara.” Language regarding incorporation and previous Charter adoption not legally required, but thought useful for historical context and framing

Level One (add defined terms and rewording for clarity) Level Two (additions of incorporation date and Charter
adoption dates)
Charter-11 (Revised 7/23)
Sec. 200

Article II. Boundaries

Section. 101200 City Boundaries.

The territory of the City over which it shall exercise lawful jurisdiction shall be that the territory contained within its present boundaries as now established under State Law., with the power and authority to change the same in the manner provided by law. City boundaries may be modified, but only in accordance with State Law requirements and procedures.

Article III. Succession

Sec. 300 Rights and liabilities.

The City of Santa Clara shall remain vested with and continue to have, hold and enjoy all property, rights of property and rights of action of every nature and description now pertaining to this municipality, and is hereby declared to be the successor of same. It shall be subject to all the obligations, liabilities, debts and duties that now exist against this municipality.

Sec. 301 Ordinances.

All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority.

Sec. 302 Continuance of present officers and employees.

The present officers, boards, commissions, and employees shall, without interruption, continue to perform the duties of their respective offices and employments for the compensation provided by ordinances, resolutions, rules, or laws, until the appointment and qualification of their successors under this Charter and subject to such removal and control as is herein provided.

Sec. 303 Continuance of contracts and public improvements.

All contracts entered into by the City, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements for which proceedings have been instituted under laws or charter provisions existing at the time this Charter takes effect, in the discretion of the City Council, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and charter provi- sions or may be continued or perfected hereunder.

Sec. 304 Pending actions and proceedings.

No action or proceedings, civil or criminal, pending at the time when this Charter takes effect, brought by or against the City or any office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained; but all such actions or proceedings may be continued notwithstand- ing that functions, powers and duties of any office, department or agency party thereto, by or under this Char- ter, may be assigned or transferred to another office, department or agency, but in that event, the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter.

Article IV. Powers

Section. 102400 General grant of power Charter City Authority.

102.1 In General. The City, of Santa Clara, by and through its City Council and other officials, shall have and may exercise all powers lawfully available necessary and appropriate to a chartered municipal corporation in the State for and the general welfare of its inhabitants which are not prohibited or otherwise limited by the Commented [GG4]: Improved wording for clarity with
explicit reference to defined term “State Law.”

Level One
Commented [GG5]: These Sections are not legally
necessary and don’t appear to add value. See the sentence that addresses this in the Voter Approval/Amendment
Section 104, below.

Level Two (deletion of no longer needed language)
Commented [GG6]: This Section, and its subsections, is
intended to state in the broadest possible terms the City’s Charter City Authority to make its own laws, subject to applicable law and rules made by voters.

Level One and Level Two
-
Charter-12 (Revised 7/23)
Constitution of the State of California, or by the terms of this Charter or other laws applicable to charter cities.

Such general powers shall include, without limitation, the full power and authority to make and enforce all laws and regulations with respect to municipal affairs. , and which it would be com-

Charter-13 (Revised 7/23)
Santa Clara City Code Sec. 600

petent for this Charter to set forth specifically, and the The specification herein in this Charter of any particular powers of the City shall not be held to be exclusive of, or any limitation upon the general grant of powers to the City under this Section. heretofore or hereafter granted to municipal corporations by the constitution or general laws.

102.2 Relationship with Other Laws. To the extent of any conflict between the terms of this Charter, and any laws only applicable to general law cities under State law (“General City Laws”), the terms of this Charter shall govern. To the extent of any conflict between the terms of any City ordinances, regulations or policies adopted under the authority of this Charter (“Local Laws”) and any General City Laws, the terms of such Local Laws shall govern. To the extent there is no Charter provision or Local Law prohibiting or regulating the conduct of the City, any City official or employee, or any business or individual acting within the City, then the laws governing such conduct shall be those set forth in General City Laws. City reserves the right to adopt as its laws any General City Laws it may specify, either through the provisions of this Charter or the enactment of Local Laws, provided that such laws are consistent with the terms of this Charter.

Commented [GG7]: Section changes include language
modernization/clean up, with an added explicit reference to “municipal affairs” as provided in the State Constitution.

Level Two
Commented [GG8]: This Section added for CAO/general
interpretation purposes to make explicit the relationship of the Charter, and any Local Laws enacted to implement the Charter to State Laws. State laws can govern if
incorporated, or in the absence of local laws in the area. See also new Section 905 on this subject, below.

Level Two (added language adds clarity in relationship
between Charter and State Law)
--
--
-
I I -
Charter-14 (Revised 7/23)
Section 102.3 Voter Approved Limitations on City Authority.

In addition to the limits on City Authority contained in Applicable Laws and set forth in other Sections of this Charter, the following voter approved limitations shall apply:

(a) Disposal of pPublic uUtilities. . No public utility service owned by the City shall be sold, leased or otherwise transferred for operation by a third party unless authorized by the affirmative vote s of two- thirds of the Qualified eElectors voting on such proposition at a City Election. any election at which the question of such disposal is submitted to the electors This requirement for voter approval shall not apply to the disposition of public utility real or personal property determined by the City Council as no longer necessary for public utility use.
(b) Disposal or cChange of uUse of cCertain City pPark lLand. (a) (1) Neither the Ulistac Natural Area, the Santa Clara Youth Soccer Park nor any other real property owned or controlled by the City that is presently listed or hereafter listed by ordinance in the inventory of parks and recreation facilities contained in Appendix Eight of the City of Santa Clara 2010- 2035 General Plan, or any subsequent General Plan (collectively, “Dedicated Parklands”), shall be sold, leased or otherwise disposed of for a period of one hundred eighty (180) days or more, nor shall its the use of any such Dedicated Parklands be changed, abandoned or discontinued for a period of one hundred eighty (180) days or more without such sale, lease, disposal or changed use having been first authorized or ratified by a two-thirds (2/3) majority vote of the Qualified Electors electorate, voting at a General Municipal Election of the City Election general municipal election for that purpose. (b)
(c) (2) No substantial building, construction, reconstruction or development upon or with respect to any lands so dedicated Dedicated Parklands shall be made except pursuant as may be approved by the City Council byto ordinance subject to referendum.

(3) The provisions of this Section 714.1 shall not apply to real property owned or controlled by the City that is subject to the CityPlace Master Community Plan originally adopted by the City Council by Resolution No. 8339.

(4) The provisions of this Section shall not apply to dispositions or changed uses of Dedicated Parklands that are strictly limited to uses that are secondary to, and will not adversely impact , any underlying parks and recreation uses. Any such proposed dispositions or use(s) must be approved by five affirmative votes of the City Council. Further, any net revenues to the City generated by any such approved use(s) must be used exclusively for parks and recreation purposes within the City.

102.4 Powers of Initiative, Referendum and Recall . There are hereby reserved to the Qualified Electors of the City the powers of initiative and referendum and of the recall of Elected Officials as provided in General City Laws.

Sec. 401 Disposal of public utility.

Article V. Form of Government

Sec. 500

Section 103 City Council-Manager Form of governmentGovernment.

The City shall be governed under what’s commonly known as the municipal government provided by this Charter shall be known as the “Council-_Manager” form of government, where the City Council is responsible for City law making and major policy decisions, and a professional manager, appointed by and serving at the pleasure of the City Council, is responsible for implementing Council policy and managing day-to-day operations. This Charter sets forth the basic terms for how this form of government is structured and will operate in the City of Santa Clara..

Commented [GG9]: This Section is intended to house
these and any future voter approved limitations on City conduct so that they are easy to find all in one place.

Level One
(reorganization)
Commented [GG10]: Level Two
Per input from Group One, revisions as proposed intended to clarify that voter approval requirement doesn’t apply to sales of no longer needed utility property (e.g., the Loyalton property) or an internal City restructuring of utility
ownership by creation of a separate, City-controlled entity.

Commented [GG11]: Level One, borderline Level Two
Language changes throughout intended to make provision
more clear and contemplate any General Plan updates as a reference point for the now defined “Dedicated Parklands”

Level 3
(sensitive area because affects popular voter approved
measure)

The current City Council proposal excludes the added
language in (b)(4) from its recommended comprehensive
update

A more substantive proposed change, suggested and
supported by both Planning Commission and Parks and
Recreation is for Subsection (b)(4) regarding allowance for “secondary” uses on the terms presented without requiring a vote.

Both Group Two and the full CRC view this addition to be a useful clarification/modification, especially in light of requirements for a super majority City Council and
dedication of any revenues for parks purposes, but
recognizes that for some this may be a “hot button” issue that pushes it to Level 3. If that’s the case, not clear if it would be worth it to have it be its own measure given the cost.

Commented [GG12]: Level One.
(reorganization)

This section is substantially the same, with minor
updated language/definitions, as language contained in
current Charter Section 700. Moved here for
reorganization purposes..

Commented [GG13]: Level Two
(added explanatory language)

Language added to explain what a “Council-Manager” form of government actually is. The addition of clarity here is based on a number of sources, including the following:

The International City/County Management
Association (ICMA), a professional organization for city managers, has listed at least three defining characteristics that distinguish a true council–manager government:
All governmental authority rests with the council or other elected body, except for certain executive or
administrative duties that are assigned to the manager.

However, the manager always is employed at the pleasure of the elected body.[9]
The manager is allocated their functions in codified form by the city charter or other law, not assigned them ad
hoc by a mayor.[10]
The manager must be responsible to, hired by, and can be ... [1] - _-_ ---1 -
_-_------~

I I / I
-
- - - - -
-
-
-
- -
-
- - -
- -
--
I -
I I I
-
I I -
'
--
-
-
-
r--
Charter-15 (Revised 7/23)

Section 104 Effective Date; Amendment

This Charter was amended by the approval of City voters of Measure ___ (“Measure __ Amendments.”) at the November 43, 2026, City Election. The Measure ___ Amendments went into effect upon their filing with the Secretary of State on __________, 2026 (“Effective Date”). No provisions of the Measure __ Amendments shall have any effect upon the validity of any City action, or any business or individual rights obtained under the terms of the City Charter prior to this Effective Date. The Charter may be further amended, but only with the approval of a majority of voters casting ballots at a General City Election validly conducted under the terms of the Charter.

Section 105 Use and Definitions of Capitalized Terms.

Capitalized terms used in this Charter shall have the meanings ascribed thereto in Article Nine, Section 908, of this Charter, below. To the extent of any conflict between the definitions of capitalized terms provided in Section 908, and any other common understandings or definitions of such capitalized terms, the definitions in Section 908 shall govern.

Article VITwo. The Elective OfficersElected Officials

Section. 600200 City elected officersIn General.

The City shall have the following elected officials: the Mayor (who shall also be considered a City Council Member), six City Council Members, one for each of the six City Council Ddistricts (each a “District Council Member,” and collectively the “District Council Members”) the Chief of Police, and the City Clerk (collectively, “Elected Officials”).

Elected Officials shall be chosen by election, except in certain interim circumstances where they may be chosen by City Council appointment. The processes for City elections and appointments are set forth in Article Three of this Charter, below.

Section 201 Qualifications
Section 201.1 Requirements for All Elected Officials.

No person shall be eligible to hold the elective office of Mayor, Chief of Police Department or City Clerk, a. To be an Elected Official unless he or she is a a person must be a resident (“Resident”) and a qualified registered elector voter (“Qualified Elector”) of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a District Council Members must also be Residents of their respective Council district (each a “District” and collectively “Districts”). resident in the district represented by the Council Member office.

b. All persons seeking to be Elected Officials In order to hold the elective office of Mayor, Chief of the Police Department or City Clerk a person must have been a Rresident of the City, and, in the case of a District Council Member, of their District, of Santa Clara for commencing at least thirty (30) days immediately preceding the last day specified by lawunder the Elections Code for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.

c. Whether or not a person is a Resident shall be determined in accordance with State Law. Qualified Elector status shall be determined by the Santa Clara County Registrar of Voters (“ROV”). The City Clerk shall administer these requirements as provided in Section 302, below.

In order to hold the elective office of Council Member, excepting the Mayor, a person must have been a resi- dent of the City of Santa Clara and of the District represented by the person as a Council Member for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.

The elective officers of the City shall consist of a City Council composed of seven members, the Chief of the Police Department and the City Clerk. The Mayor and the Chief of the Police Department and the City Clerk shall be elected from the City at large at the times and in the manner provided in this Charter.

Section701.1
201.2 Special Requirements for the Chief of Police.

Commented [GG14]: Level Two
(added explanatory language)

Language added to put this major Charter update in context, and to make clear the effective date by operation of law and the requirement for voter approval of any amendment.

Blanks to be filled in upon assignment of letter and voter approval
Commented [GG15]: Level One
(Charter-wide convention)

This is an important Charter-wide convention: the addition of the concept of Capitalized Terms being formally Defined Terms under the Charter.

The process is ongoing among the CRC and CAO to
make sure the correct defined term is being used in each case, and to make sure the Definitions Section at the end includes all the capitalized terms and the definitions are what they should be.

Commented [GG16]: This Article aggregates in one place
the list of elected officials, all of their common and unique qualifications, their terms, compensation and events
triggering vacancy/forfeiture from office. Depending upon the Section(s) involved, Group One, Two and Three were
assigned working groups

Level One and Level Two changes proposed as indicated
below
Commented [GG17]: Level One
(reorganization)

Section added to have an enumeration of all the City’s
Elected Officials all in one place with clarity and defined terms. Previously this was addressed in one paragraph in a string of paragraphs in Old Section 600 (now deleted, see below)
Commented [GG18]: Changes in this Section are
generally Level One with some Level Two added clarity
on the roles of the ROV and City Clerk in determining
Qualified Elector and Residency status in subsection c.

Commented [GG19]: This timing for required residency
was discussed but is not proposed to be changed. This is the requirement for General Law Cities and is consistent with federal law statutes and cases that have found constitutional issues with time period requirements any longer than 30 days Commented [GG20]: Level Two
(clarifying existing/best practice)

What constitutes residency was discussed but not proposed for change. Standard practice is to defer to State Law, which provides for voting purposes that your voting residence is your domicile: the one place you treat as your permanent home and where you intend to return whenever you’re away.

The standard approach among City Clerks is to rely on a (often sworn) statement of the candidate of their residency, which is then checked and confirmed with the ROV along
with “Qualified Elector” status.
n
!... I I I

I I I I
/ -I I
II
I I ~
-
- I I -
\
--- -
-
I I
~
-- I I
- -
-- -
--
-
- I I
-
\ - -
I I
~
-
-
--
Charter-16 (Revised 7/23)

In addition to the requirements for all Elected Officials set forth in Section 201.1, above, persons running for and holding Candidates for the office of Chief of Police shall (1) meet the minimum eligibility and qualification requirements imposed by Sstate Llaw upon candidates for the office of sheriff ; and (2) have achieved the rank and have the experience necessary to qualify for a Management Certificate from the State of California Commission on Peace Officer Standards and Training (commonly known as “POST”), as provided in California Code of Regulations 11 CCR Section 1202 as of the Effective Date of this Charter (“POST Management Certificate Standard”). . (Added by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Section 201.3 Challenges to Qualifications.

Any Qualified Elector of the City or the City Council may challenge the qualifications of an Elected Official as provided under State Law.

Section 202 Powers and Duties

Sec. 704.3 Mayor – Powers and duties.
202.1 Mayor Powers and Duties
a. In General. The Mayor shall have the following powers and duties:

(1) The Mayor shall be the political leader within the community by providing guidance and leadership to the City Council, by expressing and explaining to the community the City’s policies and programs and by assisting the City Council in the informed, vigorous and effective exercise of its powers. Political leadership shall be concerned with the general development of the community and the general level of City services and activ- ity programs.
(2) The Mayor shall be the presiding officer at City Council meetings. In such capacity the Mayor shall have authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any meeting of the City Council for disorderly conduct, to enforce the rules of the City Council and to determine the order of business under the rules of the City Council.
(3) The Mayor shall have a voice and vote in all City Council proceedings as a member of the City Council; the Mayor shall have no veto power.
(4) The Mayor shall be the official head of the City for all ceremonial purposes. a. (5) The Mayor shall have the power to may make recommendations to the City Council on matters of policy and programs which require City Council decision; provided, that if he/she recommends any increases in the City budget, he/she shall recommend the method of financing such expenditure; and provided, further, that if he/she proposes curtailment of service, such recommendations and The Mayor’s his/her reason therefor shall be specific.
(a) (6) The MayorHe/she may also, on his/her their own account, inform the community on matters of policy or program which he/shethe Mayor believes the welfare of the community make necessary.

b. The Mayor shall preside at meetings of the City Council and shall have the vote as a member of the City Council. He/she shall have no veto power.

c. The Mayor shall have authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any meeting of the City Council for disorderly conduct, to enforce the rules of the City Council and to determine the order of business under the rules of the City Council.

(7) The Mayor shall exercise such other powers and perform such other duties as may be prescribed by the City Council, provided that the same are not inconsistent with this Charter.

b. Limitations on Authority. Nothing in this Section shall be construed in any way as an infringement or limitation on the powers and duties of the City Manager as theChief Administrative Officer and head of the executive and administrative branch of the City government as prescribed provided in other sections of this Charter. Except as otherwise herein provided, the Mayor shall possess only such authority over the City Manager and the administrative branch as he/she the Mayor possesses as one member of the City Council..

Commented [GG21]: Level 3
(sensitive area)

The highlighted change (explained below) is currently
excluded from the City Council’s proposal for the
comprehensive Charter update:

This provision was discussed extensively by Group Two
and the full CRC with the consensus being that adding to the qualification requirements as proposed makes sense
(the current standard is very low (not many total years of law enforcement experience required, with no
management level experience), and all of the Chiefs over the past 30 plus years have met the proposed
requirement (the equivalent of a Lieutenant with 2 years experience). At the same time, it is recognized that the sensitivity of this area presents challenges to any
proposed modifications, no matter how reasonable.

As a result, the CRC recognizes this proposal to be, at a minimum, a Level Three proposal. They are also
concerned about further limiting who might qualify to
run for Chief of Police in light of the existing
requirement for residency. As a result, the CRC
recommends it might be worth exploring the pros and
cons of removing or modifying the residency requirement for the Chief of Police. They recognize, however, that any such proposal would be a Level 4 proposal.

The following information is provided for context: ... [2] Commented [GG22]: Level One
(deletion of extra language/reorganization)

This Section history, along with all other section histories throughout the Charter, has been deleted. Instead, a
Matrix of Charter histories for all sections, all in one place will be added to the end of the Charter

Commented [GG23]: Level Two
(revises existing Charter language to align with current best practices)

This Section replaces the provision that the City Council “judges” the qualifications of elected officials contained in former Section 711. How this process would work was
explained in the report to Council when they certified the City’s 2024 election results.

Commented [GG24]: Generally Level One
(reorganization) except as provided, below

This new Section isn’t intended to substantively increase or decrease the Mayor’s authority; instead, its intended to consolidate the Mayor’s authority set forth in various
Sections of the Charter all in one place.

Commented [GG25]: CRC consensus was to delete this
limiting provision. The Mayor doesn’t really have any
greater power here than a Councilmember (i.e., anyone can do this), and the limits on such power where there are budget implications seem unnecessary/difficult to fulfill.

See Section 202.2.b.3, below where this authority to
recommend was included as a general City Council member power.

Considered Level Two because it deletes a current
Charter requirement to align with current best practices I
L!. - - r -
I
I II
I
-- I I
.--- I I
I
r--
-
--
----- -
I.

I
- - - -
-
-
--
- - --
- --
- .
-
-
Charter-17 (Revised 7/23)
c. Vice Mayor. During the Mayor’s absence or disability, the Mayor’s duties shall be performed by the Vice Mayor. The Vice Mayor shall be a City Council Member appointed by and serving at the pleasure of the City Council.

Sec. 706

202.2 City Council Powers and Duties.

a. In General. All powers of the City shall be vested in the City Council, subject to the provisions of the this Charter and to the Constitution of the State of CaliforniaApplicable Law. Such powers shall include:
(1) the certification of City Elections as provided in Section 302.3; (2) the declaration of Elected Official Vacancies and appointment of Elected Officials to fill any such Vacancies as provided in Section 205; (3) the appointment of the City Manager, City Attorney and City Auditor as provided in Section 501; (4) appointment of members of City Bboards and Ccommissions as provide in Section 602.1; (5) adoption of ordinances, resolutions and policies as necessary for the determination of land uses, the governance of City operations, the delivery of City services, and the regulation of conduct of persons and businesses within the City as provided in Article Four; (6) actions on fiscal matters, including the approval of budgets, the issuance of debt, the levying of taxes, fees and assessments, and the awarding of contracts as provided in Article Eight; (7) the ability to conduct investigations and to subpoena witnesses in personnel matters involving City Council appointees, in City Council quasi-judicial proceedings and where otherwise expressly provided under General City Law; and (8) such other powers as may be reasonably necessary to advance City interests, provide for the efficient and effective delivery of City services and to maintain the overall public health, safety and welfare of the City, its residents, businesses and visitors.

b. Individual Council Members. City Council members (including the Mayor) shall have the following powers and duties in their conduct of City business:

(1) Prepare for, attend and participate in, meetings of the City Council, Council subcommittees, and such other State or regional boards or commissions to which they are appointed; (2) Solicit and give due consideration to input from residents and businesses within the City, City staff and consultants, and other stakeholders with interests in City matters, (3) Make recommendations on matters of policy and programs which require City Council action; (4) Comply with all Applicable Laws, including the provisions of this Charter, the City Code and all adopted City policies;
(5) Place the interests of the City above their own personal interests; and (6) Report to the City Council on the occurrence of any event listed in Section 205.1 of this Charter which may result in their disqualification from office no later than fifteen (15) days after the date of such occurrence.

In addition, in all interactions with each other, City staff and the public, City Council members (including the Mayor) are expected to conduct themselves in a professional and courteous manner.

(1)c. Limitations on Authority. Neither the City Council nor any of its members shall order or request the appointment of any person to an office or employment or his/her any person’s removal therefrom, by the City Manager, or by any of the department heads in the administrative service of the City. Except for the purpose of inquiry, or as may be expressly approved by the City Manager, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately. Any City Council ordinance or resolution that permits or takes any of the actions prohibited in this Section shall be void. Any City Council member violating the provisions of this Section, or voting for a resolution or ordinance in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall cease to be a Council Member.

Commented [GG26]: Level One
(relocated provision)
This Section regarding the Vice Mayor is included here
in lieu of old Section 705 which essentially says the same thing.

Commented [GG27]: The proposed changes/additions
in this Section are generally Level Two as they add
language currently not in the Charter, but with content consistent with current City/best practices.

Commented [GG28]: Level Two
(clarification if existing authority)

This power is taken from Section 712. Based on discussions in CAO and consultations with outside counsel, the resulting language is intended to put appropriate boundaries around a power that is necessary, but could be subject to abuse.

Listed are the typical/appropriate areas for use, with a reference to General Laws to make sure the list of powers in the Charter is not too limiting. Here’s the original language from Section 712

“It shall have the power and authority to compel the
attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor.”

Note: The “punishment” part of this is now addressed in the general “Violations; Enforcement” Section (902), below.

Commented [GG29]: Level Two
This is added language to provide a summary of City
Council powers. This non-exclusive list of City Council authority is not legally necessary, but is intended to be informative and tie into various aspects of City Council authority provided throughout the Charter and in City
Code Chapter 2.10. It also includes I “catch all”
provision at the end, but all within “good government”
parameters of what City Councils do.

Commented [GG30]: Level Two
(added language in Section 202.2.b to fill a gap and
introduce ethics concepts)

It was noted that all key senior positions included some statement of duties and responsibilities, but not
individual City Council members. This Section is
intended to fill that “gap”. Thought also was that this was a good opportunity to reflect a Group Two and CRC
consensus that good, ethical City Council conduct was
important to emphasize at the Charter level.

Note: given the subjective nature of this last identified “standard of conduct” for professional and courteous
conduct, to mitigate concerns about being unfairly
... [3]
Commented [GG31]: Level Two
Existing provisions updated to align with current/best
practices

This language is from old Section 807, Prohibitions against Councilmanic interference.

This remedy as drafted is overly broad and lacks appropriate calibration to the severity of any particular offense.

Accordingly, it is proposed that this sentence be deleted and ... [4] / -
I I
.-- I ~ /
- - r I
I I
I I
- - I I
I I
I I
I I I
I
I I
\ -
r7
I -
I
-
--
-
r--
I -I
r--
Charter-18 (Revised 7/23)

Sec. 906 Section 202.3 Chief of the Police Powers and Duties Department.

The elected Chief of Police shall serve as the head of the Police Department of the City of Santa Clara (“Police Department”) responsible for the supervision, management and administration of the affairs of such department in accordance with the terms of this Charter and Applicable Laws. In this role, the Chief of Police shall have the power and be required to:
(a) Preserve the public peace;
(b) Execute and return all process issued to him/herthe Chief of Police by legal authority; and (c) Exercise all the powers that are now or may hereafter be conferred upon sheriffs and other police officers by the laws of the State .. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
(d) Update and advise the City Council and the City Manager, in their professional discretion, on matters relating to public safety and law enforcement.
(c)

Sec. 903
Section 202.4 City Cclerk ; Ppowers and Dduties.]
a. City Clerk. The City Clerk, as an Elected Official, shall have the power and be required to:

(1) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; and (1) Act as the City’s “Elections Official” with administrative authority over all City Elections in accordance with the terms of this Charter and Applicable Law. Have charge of all City elections.

Be the custodian of the City seal
and oversee the use of the City seal to certify official City actions and records; and

(2) Administer oaths for Elected Officials , or and issue required affirmations, and take affidavits and depositions pertaining to official City businessand certify copies of official records . (2)
The City Clerk shall consult with the Assistant City Clerk in their conduct of these duties and, with the concurrence of the Assistant City Clerk, may authorize the Assistant Clerk to assist with the performance of such duties.

b. Assistant City Clerk. The Assistant City Clerk, who shall be appointed by the City Manager, shall have the power and be required to:

(3) (1) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes;
(1)
Commented [GG32]: Level 3
(sensitive area)

The highlighted changes are currently not included as
part of the City Council’s proposed comprehensive
Charter update.

Given the subject matter, it was agreed by Group Three
and the full CRC that any modifications in this area, no matter how sensible they might seem, should be
considered as “Level 3”

Chief as Head of the Dept.

That being said, designating the elected Chief of Police as the head of the police department is consistent with both the provisions of the City Code (Section 2.80.010 which places the department under the Chief’s “direct
supervision”) and best practices for elected sheriffs and appointed Chiefs of Police.

Duties of the Chief.

While vague, the existing list of the duties of the Chief were viewed as generally okay, with changes not
necessary.

The addition of (d) was thought important to connect the elected Chief’s duties to the rest of the City. The current Chief is supportive of this addition, and all additions in this Section.

Other Changes.

The City Manager and the Chief of police discussed
potential terms for clarifying the allocation of duties between them with respect to appointments and
discipline with the department and presented to Group
Three on this issue. Ultimately they agreed that the
existing cooperative arrangement was working, and a
formal resolution with Charter language, while helpful, would prove challenging and might needlessly distract
from other good, agreed upon, changes. Group Three
and the full CRC agreed.

Commented [GG33]: Level Two
Substantive update but consistent with current City
practices

Proposed changes clarify and formalize at the Charter level the current allocation of duties implemented by the City Council by ordinance in 2018 (See City Code Chapter 2.20) and agreed by the current elected City Clerk/Assistant City Clerk to be a good practice.

L- ~- ----------~
Charter-19 (Revised 7/23)
(4)(2) Maintain separate books, in which shall be recorded respectively certified copies of all ordinances and resolutions with proof of publication where required by this Charter or Applicable Law , with the certificate of the clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter;

(5)(3) Maintain copies separate books, in which a record shall be made of all written contracts and official bondsdocuments;
(4) Keep all aforementioned such books records properly indexed and open to public inspection when not in actual use;
(5) Administer oaths for appointed City officials;
(6) Administer filing requirements imposed on Elected Officials and certain appointed officials under State and local conflict of interest and gift laws; and
(6)(7) In the event of a Vacancy in the City Clerk’s office, the City Clerk’s extended absence or an urgent necessity where the City Clerk is unavailable to act, take action with respect to City Clerk duties as necessary for continuity of City operations, the conduct of City Elections, or compliance with Applicable Law.

The City Council may, in its discretion, appoint any other officer or employee of the City as City Clerk and grant such person additional compensation for the performance of such duties.

Section 203 Terms of Office

203.1 In General. Except as otherwise oth- erwise herein provided in this Charter , a person elected to an office an Elected Official’s for other than an unexpired term, shall be serve a term of for a period of four years, and shall serve until a successor is elected and qualified. The Elected Official’s term shall commence on the date the City Council certifies the canvass of the election returns the results of their election and they are officially sworn in by the City Clerk, and shall terminate on the date the City Council certifies the election of their successor and their successor is sworn in.

203.2 Term Limits.

a. Mayor and Council Members. No person elected as a member of the City Council or as Mayor, shall be eligible to serve in such position , or servefor , for more than two (2) full terms in their lifetime (“Lifetime Term Limit”); but such provided, however, no amount of Council service occurring prior to the commencement of the Council term resulting from the November December 1, 2016 election, shall be counted towards this Lifetime Term Limit. not disqualify any person from further service as a member of the Council . If a member of the City Council or Mayor serves a partial term in such position in excess of two (2) years, it shall be considered a full term for the purpose of this Section. provision. The office of elected Mayor, to be filled from the City at large, is a separate office from the Council and solely for the purpose of this term limit disqualification, is not a Council office or the Council.

Consequently, For the avoidance of doubt, time served as in such office of elected Mayor shall not treated as is not time served on the Council , and time served on the Council shall not be treated is not as time served in the office ofsuch office of elected Mayor.

b.

Chief of Police and City Clerk. There are no Lifetime Term Limits applicable to the positions of Chief of Police and City Clerk. submitted to it by the CTounty Registrar of Voters.

The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.

The office of Mayor shall be separately voted upon and is a separate office. The person elected at any election to the office designated “Mayor” shall be deemed elected, both as a Mayor and as a member of the Council. Although the Mayor is a Council member, his or her election does not change the number of Council members from seven.

Commented [GG34]: Level Two
(removal of outdated provisions)

This provision appears to be a hold over from 1951 when the elected City Clerk position was created. It doesn’t make sense to have an elected City Clerk with no duties. Instead, consistent the City Council’s action in 2018 by ordinance, there is now a logical allocation of duties between the elected City Clerk and the CM appointed Assistant City
Clerk.

Commented [GG35]: Level One with some borderline
Level Two changes given the amount of addition
language.

In general, revised/added language in this Section (most taken from Old Sections 600 and 701) is clarifying and non- substantive.

Commented [GG36]: Level Two
(elimination of ambiguity)

Change adds clarity that elected officials term only begins once they are sworn in.

Commented [GG37]: Level Two
(elimination of ambiguity)

Again, clarifying, especially on two key points. Two four year terms is a “Lifetime Term Limit” and years served in one office don’t count as years served in a different office.

Commented [GG38]: This is intended to be a direct
statement of fact that the current Charter doesn’t impose any term limits on these offices.

Since this language has been added (where the lack of a term limit was previously implied, this could be
considered a Level Two change
Commented [GG39]: Level One
(reorganization)

This deletion is not intended to change this. Its just that the statement in this way is not necessary and is covered in other Sections
- ~-
-
-- - --
-
I I
I
-
I
-
- - -- -
-I I
~
-- -
-- -
--- -
- - L__J
~--
I - 1
- I
I
-:!/
-
-
I I
Charter-20 (Revised 7/23)

203.3 Additional Rules for Elected Official Candidacies and Holding Office.

a. No person shall be a candidate for more than one Elected Official position both Mayor and a City Council office atin the same election.
b. However, During their term, an incumbent member of the City Council Elected Official may run for a different Elected Official position if they are otherwise qualified to do so. the elective office of Mayor, and the Mayor may run for the separate office of Mayor or other City Council office. c. However, aA t no time shall any Elected Official a member of the Council, including the Mayor, hold more than one City elective office. If an Elected Official prevails in an election for a different Elected Official position, upon being sworn in for that position, they immediately forfeit their previous Elected Official seat. d. Except as otherwise provided elsewhere in this
Charter, nNo incumbent member of the District City Council Member while serving in such office with an unexpired term of more than six months shall be a candidate for any other District Council office other than the one which such District City Council Member he or she holds.

Sec. 702
Section 204 Compensation.

Commencing on July 1, 2017, each member of the City Council, other than the Mayor, shall receive as compensation the sum of two thousand dollars ($2,000) per month. The Mayor shall receive as compensation the sum of two thousand five hundred dollars ($2,500) per month.

204.1 In General. Since Commencing on July 1, 2019, the salary and benefits (collectively, “Total Compensation”) of all Elected Officials has been determined by and every two years on July 1 thereafter, the compensation of the City Council and Mayor shall be set by a Salary Setting Commission. The composition and operations of the Salary Setting Commission, and the manner in which they determine the Total Compensation for all such Elected Officials are set forth in Section 604.5 of this Charter, below. consisting of five members to be appointed by the Civil Service Commission from the qualified electors of the City for a term of four years. The first members shall be appointed for a term commencing January 1, 2019. Initially, the Commissioners shall be appointed in a manner so that two are appointed for two-year terms and three are appointed for four-year terms. On or before March 15 of every odd year, the Salary Setting Commission shall establish the salary of the Mayor and members of the City Council for the period commencing July 1 of that odd year and ending two years there- after. Salaries so established by the Commission shall not exceed one hundred ten percent (110%) of the pre- vious figure.

204.2 Reductions for Unexcused Absences. If a member of the City Council, including the Mayor, does not attend all meetings of the City Council or study sessions called on order of the City Council and held during the month, the compensation to such City Council Member him/her for such month shall be reduced by the sum of twenty-five dollars ($25.00) for each meeting or study session not attended unless he/she istheir absence is excused t with the consent of or on order of the by action of the City Council.

Absence from five consecutive regular meetings, unless excused by resolution of the City Council, shall oper- ate to vacate the seat of any member of the City Council so absent. (As amended by electors at election held November 5, 1968, approved by Joint Resolution of the Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held November 8, 2016, Charter Chapter 17 of the State Statutes of 2017)

Commented [GG40]: The provisions in this Section are
taken from old Section 600 and are generally Level One
(updated/clarifying wording using new defined terms),
except where indicated, below
Commented [GG41]: The last sentence of subsection c.
could be considered a Level Two change as it adds the
legal consequence of forfeiture of office to be consistent with applicable law/best practices.

Commented [GG42]: CAO and Clerk believe this is likely
a holdover/pre-District election concept when
Councilmembers were elected at large. How can you hold a District seat where you must be a resident of that District and then also be a candidate for a different District seat where you must be a resident of that District to run?

Even if it can’t realistically apply, It doesn’t need to be deleted (no need to create controversy or to inadvertently miss a scenario where it might still be meaningful), but a carve out of the Mayor would be appropriate as that appears to be the original intent.

Because this revision interprets and updates a provision that appears out of date as drafted, it should be
considered a Level Two change.

Commented [GG43]: Proposed changes viewed as
clarifying of fact that Elected Official compensation has a salary and a benefits component. The details of this have been moved to Article Six., in the Section added regarding the Salary Setting Commission “powers and duties”
(Section 604.5)

These changes are closer to Level One as they are more a restatement of existing language. The updates in Section 604.5 fill in some gaps based on current interpretations and practices, so these are better characterized as Level Two.

Commented [GG44]: Level One (improved wording)
No substantive change was made here, although the
possibility of increasing the amount of reduction in
compensation for an unexcused absence was discussed as
explained below.

CAO did the research on what Council salaries were at the time this $25 amount was established

Current salaries (per measure O)
Mayor: 2500/mth 2.5% is 62.50
Council: 2000/mth 12.5% is 250.00 2.5% is 50

1980 – first mention of the $25 charge for missed meetings (unexcused)
Mayor: 1000/mth = 2.5%
Council 200/mth = 12.5%

Group Two (and CRC) consensus was, in light of most
absences being excused anyway, and any increase (even if doubled), not likely to be significant, the attention/further study any proposed change to this provision might require was not worth it in light of other more important issues.

Commented [GG45]: Level One (reorganization)
This concept of 5 excused absences resulting in a vacation of office is not deleted from the Charter, but moved to Section 205.1, below
-
--
-
Charter-21 (Revised 7/23)
Sec. 600.01

(Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10); Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Stat- utes of 2023)

Sec. 600.01 Municipal elections.

(Amendment ratified 4-5-77; Amendment ratified 11-6-79; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 600.02 Consolidation of elections.

Any special election may be consolidated with a general municipal election and any municipal election may be consolidated with any State, County, or School District election held in the City or part thereof, in which case only one ballot need be printed for such consolidated election. (Amendment ratified 4-5-77)

Sec. 600.1 Time of taking office – Term.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 601 Eligibility.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Section 205 Vacancies.

205.1 What Constitutes a Vacancy. An Elected Official shall be deemed to have vacated their office and no longer be qualified to hold such office as of the date such Elected Official:
(1) no longer meets the qualifications necessary to hold their position under the terms of this Charter; (2) is convicted of (1) any felony, or (2) any misdemeanor involving moral turpitude or misconduct in office under Applicable Law;
(3) is recalled from office by vote of the people;
(4) resigns from office;
(5) is sworn into to an office or position requiring the surrender of the City office (for example, an office that is determined to be an “incompatible office’ under State Law); (6) is removed from office by judicial procedure or other State Law proceeding; (7) for the Mayor or City Council, is absent, without the approval of the City Council per an approved Council policy, for five consecutive convened regular meetings; (8) is judicially determined to be physically or mentally incompetent; (9) becomes permanently disabled so as to be unable to perform their assigned duties as determined by an affirmative vote of at least five Council members, based on competent medical evidence, and after compliance with Applicable Law with respect to the provision of reasonable accommodations; (10) dies.

205.2 Process for Filling Vacancies.

1. a. By Appointment. As soon as practical , but not later than thirty (30) calendar days after receiving notice of the occurrence of a vacancy in an elected office, the City Council shall adopt a Resolution declaring the existence of such vacancy (“Declaration of Vacancy”). Thereafter, in accordance with procedures adopted by the City Council, the Council shall solicit interest from qualified individuals in the vacant position, and from those qualified individuals expressing interest, appoint one individual to fill the vacancy. Such appointment shall be madeA vacancy in any elective office of the City, including Mayor, City Council, Chief of Police Department, and City Clerk, from whatever cause arising, shall be filled by appointment by the City Council by a four-fifths (4/5) vote of the remaining Council Mmembers. .

b. By Election. In the event the City Council shall fail to fill a vacancy by appointment within Commented [GG46]: Level One
Section deleted here and moved to Section 301 and
revised as shown.

Commented [GG47]: Level One
Section deleted here and moved to Section 301 and
revised as shown.

Commented [GG48]: Level Two
(substantive addition to fill a gap, in a manner consistent with best practices)

This entire new Section 205 should be considered Level
Two, with the exception of item (7) as noted, below

Current Charter talks about what happens if there is a
City Council member vacancy, but doesn’t define what
that means.

This added Section defines what vacancy means by listing events that result in a vacancy, ranging from the obvious (death) to the more nuanced (conviction of a crime of
moral turpitude or assumption of an “incompatible”
office
Commented [GG49]: Based on research into moral
turpitude (see below), and group consensus that ANY felony should be disqualifying, but only certain misdemeanors, this is the language Group Two and the full CRC was
comfortable with
Commented [GG50R49]: Under California law, a crime
of moral turpitude is conduct that reveals dishonesty, fraud, a general readiness to do evil, or moral depravity, determined by examining the minimum statutory elements of the offense rather than the specific facts of a particular violation.

California courts apply the "least adjudicated elements test," which requires that from the elements of the offense alone, without regard to the facts of the particular violation, one can reasonably infer the presence of moral turpitude (People v.

Aguilar, 245 Cal.App.4th 1010 (2016))[1], (People v.

Bedolla, 28 Cal.App.5th 535 (2018))[2].

Definition and Core Principles
California decisional law establishes that moral turpitude includes fraud and that any crime in which an intent to ... [5] Commented [GG51]: Level Two
(addition to align with best practices)

Added by GRG since circulation of version dated 6.5.26.

There was a discussion and CRC support for an excused
absence policy, but this came up in the context of Boards and Commissions. It should really be addressed here as ... [6] Commented [GG52]: Level One
(reorganization)

This is the existing standard in the Charter, moved here from old Section 702. For comparison, the general law standard for vacancy is this circumstance is an absence from all regular meetings for 60 consecutive days since the last regular meeting attended.

Commented [GG53]: Level Two
(added language to clarify process)

This updated Section includes a Level Two change to
clarify process with the addition of a step for the City Council to make a determination and “declare” a
position vacant.
--
I I

I I I I
I
I I I)
I I
I I -
--
-
r--
/
I
I I I
I
\ II r-
-
-
I -
1- I ---
Charter-22 (Revised 7/23)
forty-five thirty (3045) days after such office shall have been declared vacantthe City Council’s Declaration of Vacancy, the City Council shall take such steps as are necessary to it shall forthwith cause an election to be held to fill such vacancy at the next scheduled state-wide election..

205.3 Term for Appointed/Elected Council Members Filling Vacancies. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least one hundred thirty (130) days prior to the next Ggeneral municipal Eelection, the person appointed to fill the vacancy shall hold office until the next Ggeneral municipal Eelection that is scheduled one hundred thirty (130) or more days after the date the City Council is notified of the Vvacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified by City Council certification of the election and their swearing in . The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Sec- Commented [GG54]: Level Two
(proposed process improvement)

Because it will take some time to organize this, including the solicitation of interest, the process for narrowing down the applications submitted and the scheduling of the Council meeting (per the Assistant City Clerk), the CRC is
recommending an additional 15 days be added to this
process.

Commented [GG55]: Level Two
(added language adds clarity/updates provision for when the special election to fill a vacancy will occur)

The current Charter currently doesn’t specify any terms for when a special election must be called versus waiting for a general election. However, it does say “forthwith” which may suggest the thought was call a special election. Per the ACA, this was not what was done in the recent past,
however. The arguments for a special vs. general requires a balancing of interests. From a cost standpoint, it makes sense to wait for the general election. And this seems
consistent with the rules regarding the terms of an appointed City Council person, that it should probably be voted on at the next general election no matter what. But if a vacancy and an appointment occurs early in the term, it could be a long time for a general election to again present itself. The compromised recommendation of the CRC is to have this
occur at the next state-wide election, which could be sooner then a regular General, but would allow for consolidation with other matters on the ballot to save costs.

Commented [GG56]: Level One
(minor wording changes)

Updated language only with no substantive changes

-f-_ I --- -
--
I I -
\
- --
- -- --- ---
I I
I
-
Charter-23 (Revised 7/23)
Santa Clara City Code Sec. 704.3

retary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017)

Sec. 704 Presiding officer – Mayor.

The Mayor shall be the presiding officer. The Mayor shall have a voice and vote in all its proceedings. He/she shall be the official head of the City for all ceremonial purposes. He/she shall perform such other duties as may be prescribed by this Charter or as may be imposed by the City Council consistent with his/her office. (As amended by the electors at election held November 5, 1968, approved by Joint Resolution of the Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 704.2 Mayor – Political position.

The Mayor shall be the political leader within the community by providing guidance and leadership to the City Council, by expressing and explaining to the community the City’s policies and programs and by assist- ing the City Council in the informed, vigorous and effective exercise of its powers. Political leadership shall be concerned with the general development of the community and the general level of City services and activ- ity programs. (Added by electors at election held November 5, 1968, approved by Joint Resolution of Legis- lature filed with Secretary of State January 15, 1969)

Article Three
City Elections VII. The
Council
Sec. 700 Term – Method of holding elections.

Section 300 In General.

City Elections for (a) Elected Officials (b) proposed amendments to this Charter, or (c) for other matters requiring a vote of the electorate, shall be conducted in accordance with the terms of this Charter and the State Elections Code. Except as specifically provided otherwise in this Charter with respect to City elections, tT he provisions of the State Elections Code, as amended from time to time, that are consistent with the terms of this Charter are hereby adopted. To the extent of any conflict between the terms of this Charter and the State Elections Code, the terms of this Charter shall govern; provided, however, in the event that it is necessary for the ROV to comply with a provision of the State Elections Code in order to administer a City Election, and such State Elections provision is inconsistent with a provision of this Charter, the necessary State Elections Code Section shall govern. The City expressly reserves its rights with respect to the conduct of City elections pursuant to Section 5 of Article XI of the California Constitution. Any changes made by the Any policies or procedures adopted by the City Council or the City Clerk to implement City elections shall in the City elections procedure shall be by ordinance and shall not be in conflict with any other sections be consistent with the terms of this Charter.

There are hereby reserved to the electors of the City, the powers of the initiative and referendum and of the recall of municipal elective officers.

Section 301 Regular and Special Elections.

Commencing with the year 2000, a A regular election shall be held in the City of Santa Clara on the first Tuesday following the first Monday in November of even numbered years to align with the regular elections of the State. The regular election shall be held for the election of each municipal elective officer Elected Official whose term of office regularly expires at that time, and for such other lawful purposes as the City Council may prescribe or as may be Commented [GG57]: Level One
(sections moved to be better organized)

Section 704 and 704.2, with only minor wording changes, have been moved to new Section 202.1, which
incorporates this language into a Section aggregating all the Mayor’s roles and authority

Commented [GG58]: Level One
(reorganization)

This old Section 700 was broken up, with most moving to a new Article Three, City Elections, and the provision
regarding power of referendum moved to consolidated
Article One under New Section 102.4Le
Commented [GG59]: Level Two
(alignment with State Law)

Some provisions in this Section are Level Two. For
example, this sentence was added to address any
circumstance where the Charter inadvertently contains a provision that is, or becomes, out of alignment with State Law and the ROV needs to follow State law in order to
implement a City election.

Commented [GG60]: Level One
This Section has been moved to new Section 102.4, above -
--
--
--
I I
--- -
I
-
--

I I --- -
I I
I
~
-
-
-- -
Charter-24 (Revised 7/23)
required by law. Each such regular election shall be known as the a “gGeneral Municipal Election of the Citymunicipal Eelection.” of the City, and shall be in lieu of all others previously so called. All Any other City Electionmunicipal elections that may be called under the authority of this Charter, or the California State Elections Code, shall be known as a special elections”Special City Election”. Any Sspecial City eElection may be consolidated with a Ggeneral City Eelection and aneither type ofy City Election may be consolidated with any State, County, or School District election held in the City, or part thereof, in which case only one ballot shall be printed for such consolidated election. No primary election shall be held for any City municipalElection. officers.

Section 302 Administration and Determination of Election Outcomes. 302.1 In General. City Elections shall be administered in accordance with the terms of this Charter by the County Registrar of Voters (“Registrar”) and the City Clerk, in consultation with the Assistant City Clerk as provided in Section 202.4, above. If an incumbent City Clerk is running for re-election, all matters relating to that City Clerk Election shall be administered by the Assistant City Clerk. No error, omission or defect in the notice of elections shall be cause to invalidate any election held under the provisions of this Charter.
302.2 Election Outcomes. For election contests for all Elected Officials the winner shall be the person receiving the most votes cast as determined by the ROV. In the event of a tie, the City Clerk shall administer a process to determine the winner by lot. Elections for other matters shall be determined in accordance with the requirements of State Law.
302.3 Role of City Council. The City Council shall be responsible for certifying the outcome of all City Elections in accordance with the State Elections Code. judge the qualifications of its members as required by the Charter and shall judge all election returns.
(Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 700.1 Offices separately filled.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Commented [GG61]: Level One
Added language merely clarifying and incorporating new
defined terms
Commented [GG62]: Level One/Level Two
This Section is mostly a statement of how things currently work, with a reference to the now more clearly defined
relationship between the elected City Clerk as the “Elections Official” and the Assistant City Clerk on the front line.

Adds a provision to remove the City Clerk from
administration duties with respect to their own election.

Commented [GG63]: Level One
A consolidation of existing process, with better language.

Commented [GG64]: Level Two
This is the existing language modified to change the City Council from “judging” all elections to “certifying” them.

Balance between deference to County Registrar on
outcome and City Clerk’s office on administration (so
outcomes are determined based on state mandated
procedures versus political considerations), with some level of Council authority/right to challenge still retained.

Here’s a summary of what CAO advised Council about their role in certifying the election and the available paths to challenge election results or candidate
eligibility/qualifications in the report to Council for certifying the results of the 2024 election:

“Legal Requirements and Effects of the Election
Certification Process

Under the City Charter, unless an express provision of the Charter provides otherwise, City elections are governed by the California Elections Code [Charter Section 700]. With respect to election certification, there are no Charter provisions providing otherwise.

Under the Elections Code, section 10262 requires the
elections official to conduct the canvass of votes (i.e., count the votes cast in the election), pursuant to its sections 15302 and 15303. “Upon the completion of the canvass, the
elections official shall certify the results to the governing body.” (Elec.

Code § 12062.) The canvass must be completed by the fourth Friday after the election (Elec. Code §10262, subd. (a)), and for a consolidated election, the elections official shall certify the results to the
governing body, and the governing body must certify the election results in compliance with section 10263 by its next regularly scheduled meeting after the 28-day canvass or at a special meeting called
for that purpose. (Elec. Code § 10262, subd. (b).) Elections Code section 10263 requires the governing body to adopt a resolution reciting “the fact of the election and the other matters that are enumerated in section 10264.” The
governing body must also “declare the results and … install the
newly elected officers.” (Ibid., subd. (a).)
Although the certification process described above, is
mandatory, election certification does not definitely decide the outcome of every election contest. Even after
“certification” there are separate legal processes for
challenging the outcome of an election, or the qualifications of an elected
candidate to hold office. The first such process is contained in Elections Code Section 16100. The second such process is known as a “quo warranto” proceeding.

Elections Code Section 16100. Most of the bases for
challenge to an election under Elections Code 16100 relate to ... [7] =-=-------====-- -
-
Charter-25 (Revised 7/23)
Santa Clara City Code Sec. 701

Sec. 700.1
Section 303 Elections – City Council Districts.City Council Members Nominated and Elected by Districts.
303.1 In General. The six District Members of the City Council Members, excepting the Mayor, shall be nominated and elected, respectively, by voters within the City’s six designated geographic districts (each a “City Council District” and collectively, the “City Council Districts.”. Starting with the November 2022 City Election, the geographic boundaries of the six City Council Districts shall be

For the election to be held in November 2022 and each election thereafter, there shall be 6 (six) districts as such districts are those designated on that certain map adopted by judgment of the Superior Court dated July 24, 2018,adopted by the City of Santa Clara Independent Redistricting Commission on February 28, 2022 and implemented by as set forth in Resolution Ordinance No. 204418-8585 of adopted by the City Council on April 5, 2022. These City Council District boundaries shall be used in each City Council election until such time that they may , as the boundaries of such districts shall be amended through a the redistricting process set forth in Section 304 of this Charter, below. following each decennial United States Census.
303.2 Staggering of City Council District Elections.

City Council District elections shall be conducted as follows:
(a) Each District shall be represented by one (1) Council Member.

(b)(a) In the election to be held in November 2022 and in each Council District election held every four years thereafter the Council District elections shall be conducted as follows:

1. the voters of District 2 shall nominate and elect one (1) Council Member for a four-year term; and

2. the voters of District 3 shall nominate and elect one (1) Council Member for a four-year term.

(c)(b) In the election to be held in November 2024 and in each Council District election held every four years thereafter the Council District elections shall be conducted as follows:

1. the voters of District 1 shall nominate and elect one (1) Council Member for a four-year term;

2. the voters of District 4 shall nominate and elect one (1) Council Member for a four-year term; and

3. the voters of District 5 shall nominate and elect one (1) Council Member for a four-year term.

4. the voters of District 6 shall nominate and elect one (1) Council Member for a four-year term. (Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10); Amended and renumbered from section 700.2 by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023)

Sec. 700.2 Election Following Change of Boundaries.

Section 304 Redistricting

304.1 Redistricting Process. City Council Districts shall be subject to modification through a mandatory redistricting process using data obtained from each decennial federal census (“Mandatory Redistricting”). The City Council shall adopt by ordinance the terms and conditions for implementing Mandatory Redistricting. Such ordinance shall include provision for (a) the creation of an Redistricting Commission to oversee the process and to determine on its own, or make a recommendation to the City Council regarding any proposed City Council District boundary adjustments, (b) a timetable for completing the process that allows for implementation of any approved boundary adjustments for use at the first General Municipal Election of the City Election following the issuance of federal census Commented [GG65]: Level One/Level Two
In general, new/modified language intended to be
clarifying, with updates to reflect the redistricting
process in 2022 following the judicial order requiring
districts based on the 2020 decennial census, and using new defined terms.

Commented [GG66]: Level One
The requirement that any candidate be “nominated” added here in better context; allows for deletion, below, where it makes less sense
Commented [GG67]: This language was updated as was
noted as necessary at the City Council’s June 15th
meeting to reflect the Redistricting Action taken by the Council following the 2018 judicial order in response to the 2020 decennial census information. Only a minor
change was made to the District boundaries through that process, but still this is relevant map to reference.

Commented [GG68]: Level One
(updated language)
“nominate” deleted here and moved above to be more
clear.

Commented [GG69]: Level Two
(addition of language to fill a gap in a manner consistent with City/best practices)

While Redistricting is required based on the decennial
census, having a Redistricting Commission is NOT required and the City Council could redraw the map itself so long as it follows State and Federal Law. For obvious reasons, the “best practice” however is the form a Redistricting
Commission. Various levels of independence are possible, ranging from little to no City Council involvement, to City Council ultimate authority to accept or reject a Redistricting Commission’s recommendation. This draft language tries to strike a balance by requiring a Redistricting Commission, but leaving the details for how its put together and its level of ultimate authority to City Council ordinance. The details for this are far too complicated to develop and resolve as part of this project.

Note: As proposed, a City Council ordinance with these details is required. To be ready for the next cycle, the Council should direct staff to start preparing such an
ordinance right away.

The Secretary of Sate refers to AB 849 (2019) and has
template for city council and city council redistricting commissions.... elections code 21601.

I I -i-----------iiiiii------ 1
-
I I
-
r
I -, ·~ --?--
I I -
I I
~
-
■
■
-I
I
~
-
I I
Charter-26 (Revised 7/23)
data, in compliance with all Applicable Laws, and (c) such other provisions consistent with this Section that the Council deems necessary and appropriate to implement the Mandatory Redistricting process (“Redistricting Ordinance”). The Redistricting Ordinance may also include provisions for redistricting in the event that the boundaries of the City are adjusted to add or subtract territory.

304.2 Redistricting Impact on Incumbents. Upon any redistricting pursuant to the provisions of this section of the Charter or the any Redistricting oO rdinances enacted hereunder, each incumbent member of the City Council will continue, during the remainder of the member’s term, to hold office and represent the Ddistrict by which the member was elected prior to such redistricting, notwithstanding any provision of Section 600 201.1.a requiring a member to be a Rresident of the Ddistrict represented by such member. (Section Number Repealed – text amended and renumbered to section 700.1 by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended and renumbered to Section 700.2 by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023)

Sec. 701 Term limits of mayor and council members.

(As
Commented [GG70]: Per CRC subcommittee
recommendation, the word “outside” before
“boundaries” was deleted here as “unnecessary”
Commented [GG71]: Level One
(updates to definitions and cross-references)
Commented [GG72]: Level One
Moved to Section 203.2 and updated there.

I I
----=-=-=-=-=-=-~----;--~~----========--=1r----iiiiiiiiiiii""--_J I I I -
Charter-27 (Revised 7/23)
Sec. 701.1

amended by electors at election held November 5, 1968, approved by Joint Resolution of the Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held November 8, 2016, Charter Chapter 18 of the State Statutes of 2017)

Sec. 703

Charter-28 (Revised 7/23)
Sec. 704.4

(Added by electors at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 704.4 Mayor – Vacancy.

The office of Mayor shall become and be deemed vacant immediately upon the incumbent ceasing to be a member of the City Council. (Added by electors at election held November 5, 1968, approved by Joint Reso- lution of Legislature filed with the Secretary of State January 15, 1969)

Sec. 705 Vice Mayor.

The City Council shall designate one of its members as Vice Mayor. The Vice Mayor shall perform the duties of the Mayor during his/her absence or disability. The Vice Mayor shall serve in such capacity at the pleasure of the City Council. (As amended by electors at election held November 5, 1968, approved by Joint Resolu- tion of Legislature filed with the Secretary of State, January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Article Four
City Council Meetings/Actions

Sec. 707 Section 400 In General.

The City Council shall exercise its authority under the terms of this Charter through actions taken at properly noticed and agendized public meetings held in accordance with the requirements of the Ralph M. Brown Act, California Government Code Sections 54590 through 54955 (“Brown Act”), and the terms of this Charter. To the extent of any conflict between the Brown Act and the terms of this Charter, including any implementing City ordinances, regulations or policies, the terms of the Brown Act shall govern.

Section 401 Meeting Scheduling, Location and NoticingRegular meetings .

401.1 Regular Meetings. Except as otherwise provided, below, Tthe City Council shall hold regular meetings at least twice each month, at such dates and times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes. For one month each calendar year the requirement to hold two regular meetings may be modified to require just one regular meeting [and one special meeting] in order to accommodate holidays or other scheduling requirements.

Sec. 708
401.2 Special =Mmeetings.

In addition to regularly scheduled meetings, Sspecial meetings of the City Council may be called at any time by the Mayor, or by four members of the City Council , as provided pursuant to the provisions of the Ralph M. under the Brown Act and any consistent Local Laws.,, specifically Government Code Section 54956 Subject to Applicable Law, except as provided in this Charter, any Council action that may be taken at a regular meeting may also be taken at a special meeting. , as amended from time to time. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 709
401.3 Place of Mmeetings.

All meetings of the City Council shall be held within the boundaries of the City except as may be authorized under the terms of the Brown Act. at the locations authorized by the Ralph M. Brown Act (com- mencing with Government Code Section 54950) as it now reads or is hereafter amended. (Amended by elec- tors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Commented [GG73]: Level One
This is covered in Section 703, above, with respect to all elected positions. Don’t need a special section for the Mayor.

Commented [GG74]: Level One
(relocated)
This Section was absorbed into the Mayor’s Section or
the City Council Section. as new subsection 202.1.c
Commented [GG75]: Level One/Level Two
This reorganized Article Four aggregates provisions
from Old Articles VI and VII. Most changes are to
provide information and clarity, with some proposed
Level Two modifications as indicated below.

Commented [GG76]: Level One/Level Two
This is an added Section designed to introduce the rest of the Sections in the Article. It summarize how the City Council “acts” and introduces the Brown Act compliance
obligation. Essentially a statement of current law and practice, with the only Level Two aspect being that its entirely new language

Commented [GG77]: Level Two
(deletes unnecessary language)

Consensus that this language wasn’t necessary as its already expressly covered by the Brown Act as provided below:

The Brown Act (Cal. Gov. Code §§ 54950 et seq.) explicitly governs the adjournment of regular meetings of legislative bodies of local agencies. It permits the legislative body to adjourn any regular or special meeting, or previously
adjourned meeting, to a specified time and place indicated in the order of adjournment. Less than a quorum may adjourn a meeting. When no members are present, the clerk or
secretary may declare the meeting adjourned and must
provide written notice of the adjournment consistent with the rules for special meetings. The order or notice of
adjournment must be conspicuously posted at or near the meeting location within 24 hours following the adjournment.

An adjourned regular meeting retains the status of a regular meeting for all purposes, and if the adjournment order fails to specify a time, it defaults to the time fixed for regular meetings by ordinance or resolution (California Practice Guide: Administrative Law Ch. 28-L)[3], (2 Cal. Jur. 3d ... [8] Commented [GG78]: Level Two
(added flexibility in meeting scheduling consistent with Brown Act requirements)

This language added to give flexibility if ever needed, e.g., during the summer recess or around the
Thanksgiving/Christmas holiday. Current language could be further modified to only require one meeting of any kind of ... [9]
Commented [GG79]: Level Two
Updates delete no longer needed Brown Act section
references and introduces concept of what actions can be taken at special meetings under “Local Laws” including
the Charter, as further specified in Section 403.1, below.

Commented [GG80]: Level One
(clarifying wording with no proposed modifications to
current, applicable law)

The Brown Act requires that regular and special meetings of city councils be held within the boundaries of the territory over which the local agency exercises jurisdiction (West's Ann.Cal.Gov.Code § 54954)[1]. This is a fundamental ... [10] -
I -
I I
I
I I
I
I
-I I
I I
-
I I
I
I I II r -
-
---
- r-

I I / -
--
-- -- -
I -I I
I
r==-
Charter-29 (Revised 7/23)
401.4 Noticing.

Advance notice of all regular and special City Council meetings shall be provided as required under the Brown Act. As of the Effective Date of this Charter, this advance notice requirement is 72 hours for Regular Meetings and 24 hours for Special Meetings. In addition to providing Brown Act required noticing, the City shall also provide notices of City Council meetings as may be required under Section 904 of this Charter, below.

Section 402 Procedures and Requirements for Action.

Sec. 710
402.1 Quorum.

A majority of the members of the City Council shall constitute a quorum for the transaction of City business, but a less number than a quorum may act to adjourn from time to time. For so long as the City Council is comprised of seven Council Members (the Mayor plus the six City Council Members representing Districts), four City Council Members shall constitute a quorum. The vacancy of one or more City Council seats shall not alter this quorum requirement. An abstaining Council Member who is present shall be counted towards the quorum requirement, but their abstention on any matter shall not be counted as a vote either in favor or against such matter or alter the number of affirmative votes required. (See Section 402.3, below for City Council voting requirements.)

Sec. 711 Election and qualification of Council members.

The City Council shall judge the qualifications of its members as required by the Charter and shall judge all election returns.

Commented [GG81]: Level One/Level Two
(statement of existing law, but with additional language and reference to possible additional local notice
requirements)

Currently, regular meetings must be noticed and with
agendas posted at least 72 hours in advance; special
meetings must be noticed with agendas posted at least 24 hours in advance.

Note: The yellow highlighted language has been added
back in to make the current advance notice requirements a clear reference point in the Charter as people may go looking there for the rule.

The reference to Section 904 allows for additional
noticing that may be developed under the City Council
“latest technology” legal noticing policy that Group One thought important to have our Charter require an effort to keep up with developing technologies that enhance
outreach and transparency
Commented [GG82]: Level Two
(added language consistent with current City practices)

The definition of “quorum” is something the City can
determine for itself (by Charter or ordinance), but this is the current practice the City follows (most recently
memorialized in CC Policy 055) and is the most commonly used “best” practice. In the alternative we could refer to Council policy for how this requirement is applied (i.e., allow the Council to alter the policy).

Commented [GG83]: Level One
(added language for cross-referencing)

There is very little cross-referencing of this type in the Charter, but in this case it seems appropriate in that its easy to conflate quorum requirements (to transact business at all) with voting requirements (to act on a particular matter of business).

Commented [GG84]: Level One
(reorganization)
This Section was moved to new Section 302.2, above to be revised there.
rJ
I
I

I I I I ---
--
--- -
I
I
I
I ~
I I I
-
I
I
-
-
Charter-30 (Revised 7/23)
Santa Clara City Code Sec. 714.1

Sec. 712

402.2 Rules and Records of Proceedings.

The City Council shall establish rules for the conduct of its proceedings consistent with the terms of this Charter. and punish any member or other per- son for disorderly conduct at any meetings. It shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it.

Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor.

As provided in Charter Section 202.4, above, Tt he City Council shall cause the City Clerk Assistant City Clerk shall assist with the administration of City Council meetings, including the taking of votes and maintaining to keep an accurate record of all actions taken. its proceedings and, at the demand of any member, or upon the adoption of any ordinance or resolution for the payment of money, the City Clerk shall call the roll and shall cause the “ayes” and “noes” taken on any question, to be entered in the minutes of the meeting.

Sec. 713
402.3 Action by Oordinance or Rresolution.

The Unless otherwise required by Applicable Law, or another provision of this Charter, City Council actions shall require the affirmative votes of four City Council Members and is hereby empowered to act by shall be taken through Council adoption of an Ordinance or a Resolution. An oral motion or order duly passed by the City Council and entered in the minutes of the Council, commonly referred to as a “Mminutes Rresolution” shall have the same force and effect as a written Resolution duly introduced and passed by said City Council and shall be deemed to be a Resolution for all purposes.

Section 403 Special Rules for Ordinances.

Sec. 808

403.1 Ordinances.Adoption

The enacting clause of every ordinance shall be “Be it ordained by the City of Santa Clara as follows:” Ordinances are local laws enacted by the City Council. They are legally binding on residents, businesses, and visitors and typically cover issues such as zoning, building codes, public safety, and local conduct, or other actions where State Law requires an ordinance for action. In general, except for emergency ordinances as provided in Section 403.4, below, City ordinances must be adopted in a two-step process. First, the City Council must approve the introduction of an ordinance. Second, No ordinance shall be finally adopted by the Council on the day of its introduction, nor within no sooner than five days thereafter, the City Council shall again consider the proposed ordinance and take final action to adopt or reject it. In the event that an ordinance is modified after its initial introduction, it must again be introduced before it can be adopted. The correction of typographical or clerical errors shall not constitute the making of a modification for purposes requiring re-introduction under the terms of this Section. nor at any time other than a regular meeting, nor until its publication as required in Section 812.

However, ordinances calling elections and ordinances carrying out the provisions of elections need not be published prior to adoption. In case an ordinance is amended before its final adoption and after its publication, it shall in like manner be republished as required in Chapter Section 812, at least one day before its adoption as amended City ordinances shall only be adopted at regular meetings unless such adoption at a special meeting is determined by the City Council to be of urgent necessity and is approved by five affirmative votes. ;
a. provided, however, that where such amendment is made for the correction of clerical errors or omissions of form only, then such ordinances need not be given a first reading or a republication as corrected. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 809
403.2 Repeal or amendment Amendment of ordinancesOrdinances.

Commented [GG85]: Level Two
This provision saying the City Council “shall punish” any member or other person for disorderly conduct is out of date as a Charter provision. There are also now
applicable state laws for managing disorderly conduct of people attending meetings that balance first amendment
rights and the need to keep order. CAO suggests that
this is the kind of thing is best left to implementation by City Council policy as part of its rules making for the conduct of its proceedings. At most, suggestion would be to add language here that indicates any such policy could provide for punishment for disorderly conduct.

Commented [GG86]: Level One/Level Two
(reorganization, with some modifications to align with
current/best practices)

This power and language is addressed in new Section
202.2, above and in amendments to the updated
Violations; Enforcement Section in New Section 902,
below

Commented [GG87]: Level One/Level Two
(language simplified to reflect current practice with
elimination of unnecessary detail)

Commented [GG88]: Level One
(updated language)
Commented [GG89]: Level Two
(additional language fills gap to explain ordinance
adoption process with better, more modern wording,
with addition of ability to adopt at a special meeting with 5 vote finding of urgency)

The two step process for adopting ordinances is now
explained here in relatively plain language. All of this is taken from “general law” See Govt. Code Section 36934.

While its technically NOT applicable to Charter cities, its been widely adopted and is considered to be a “best
practice.” For flexibility and/or to address urgency
situations, the last sentence has been added to allow for adoption at a special meeting (which would be noticed and open to the public per standard requirements) with a super majority vote with findings as to the urgent necessity. Other cities within our benchmarking group do have provision for ordinance adoption at special meeting if there is an urgency or emergency situation (e.g., Oakland, Hayward, Anaheim and Alameda).
1- __ _
--
Charter-31 (Revised 7/23)
The process for repealing or amending an ordinance shall be the same process set forth above for approving an ordinance. No ordinance or portion thereof shall be repealed except by ordinance. . Any ordinance amendment must clearly present any proposed changes. No ordinance shall be revised, re- enacted or amended by reference to its title only; but the ordinance to be revised or re-enacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted according to the method provided in this article for the enactment of ordinances, and such revision, re-enactment, amendment or addition, shall be done by ordinance only.provided, however, that where such amendment is made for the correction of clerical errors or omissions of form only, then such ordinances need not be given a first reading or a republication as corrected.

Sec. 810 403.3 Effective date Date of ordinancesOrdinances.

Ordinances No ordinance shall become effective until thirty (30) days from and after their final the date of its adoption, except the following, which shall take effect immediately upon adoption:

(a) An ordinance calling or otherwise relating to an election;

(b) An improvement proceeding ordinance adopted under the terms of a State Law or Local Laws ome law, or procedural ordinance;

(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation;, or levying the annual tax upon property; or

(d) An emergency ordinance adopted in the manner herein provided in Section 403.4, below.

Sec. 811 403.4 Emergency ordinancesOrdinances.

Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the pub- lic peace, health, safety , or property or welfare, and containing a statement of the reasons for its urgency may be introduced and adopted by the City Council at the same meeting with five affirmative votes. and adopted by a five-sevenths vote of the whole Council may go into effect at the will of the Council.

Sec. 812 403.5 Posting and Publication of PAordinancesOrdinances.

The City Clerk shall cause each proposed ordinance to be posted at least three (3) days prior to its adoption in three (3) public places in the City and at least three (3) days prior to the ordinance adoption shall cause a single publication in an official newspaper to occur, setting forth the title of the ordinance, the date of its introduc- tion, a brief summary of the ordinance and a list of the places where copies of the full text of the proposed ordinance are posted. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

After completing the ordinance approval process required in Section 403.1 above, for each adopted ordinance, the Assistant City Clerk shall prepare a notice of adoption (“Notice of Ordinance Adoption”). Each Notice of Ordinance Adoption shall contain the title of such ordinance, the date of its adoption, a brief summary of the ordinance and a statement that a copy of the adopted ordinance is available at the City Clerk’s office and on the City’s website for public review. Not more than fifteen (15) days after its adoption the Senior AppointedAssistant City Clerk shall cause the Notice of Ordinance Adoption to be (1) posted in three public places in the City, and (2) published in an Official Newspaper. In addition, the City Clerk shall post the Notice of Ordinance Adoption on the City’s website, along with a digital copy of the adopted ordinance, and have a physical copy of the adopted ordinance available for review at the Clerk’s office.

Sec. 813 403.6 Codification of ordinancesOrdinances.

Any or all properly enacted and unrepealed ordinances of the City may be compiled, consolidated, revised and indexed, including such restatements and substantive changes as are necessary for clarity in a comprehensive City Code.

A City Code may be adopted by reference by the passage of an ordinance in the same manner as other ordi- nances of the City. The City Code itself need not be published in the manner required for other ordinances.

Commented [GG90]: Level Two
(updated language eliminates unnecessary and outdated
detail on how to amend an ordinance)
Commented [GG91]: Level One
(minor updates to add clarity/defined terms and cross-
references)
Commented [GG92]: Level One
(minor updates to add clarity/modernize language)
Commented [GG93]: Level Two
(proposed process modification)

Current timing requirements can create a problem as
this publication frequently needs to occur before its even known if the ordinance is going to be approved on first reading. The proposed updated language replaces the
advance publication requirement with required
publication within 15 days AFTER adoption, with the
posting of the agenda for both first and second readings, and the notice of a public hearing if required, being
accepted as substantial and adequate advance notice.

Additional notice may also be provided under the new
Section 904 noticing requirements. Post adoption
publication would give extra notice to anyone seeking to subject the ordinance to referendum and prepare for its effectiveness within 30 days after adoption.

Note: That being said, General laws (not applicable to Charter cities) do have a “five days in advance of
adoption” publication requirement under Govt. Code
Section 36933. These general law provisions ALSO
provide for the 15 day after the fact notice.
-
-
I I
!1 -
-
I -1 --
Charter-32 (Revised 7/23)
Prior to its adoption, The City Clerk’s Office shall maintain a copy of the City Code not less than three copies of the Code shall be filed in the City Clerk’s Office, and on the City’s website for examination by the public. Any amendments to the City Code shall only be done by ordinance in a form that clearly indicates the changes being made and, as appropriate, the full readoption of any revised City Code section or sections . After the Code has been adopted, ordinances may be amendatory or revisory of the Code. Sections of the Code shall not be revised or amended by reference but readopted and published at length as revised or amended. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 814 403.7 Adoption of printed Printed or State aAdopted uUniform building Building codesCodes, etc.

Ordinances establishing rules and regulations for the construction of buildings, the installation of plumbing, the installation of electric wiring, or other similar work, where such rules and regulations have been printed as a code in book form or adopted by the State , may be adopted, in whole or in part, by reference by the passage of an ordinance in the same manner as other ordinances of the City. At least one physical copy of The= any code so adopted shall be made available in the City Clerk’s office for public review and posted and accessible on the City’s website. need not be published at length, provided, however, that not less than three copies of such code shall have been filed, for use and examination by the public, in the office of the City Clerk prior to the adoption thereof.

Sec. 714 Power to lease, sell, or convey City property.

The City Council shall have power to lease, sell, convey, and dispose of any and all property of the City, subject to the provisions of Section 401 of this Charter, and provided further that no property exceeding five hundred dollars ($500.00) in value shall be sold without first publishing notice of intention to sell in an official newspaper once a week for two weeks preceding the date of such sale. The notice of intention shall describe the property, the price theretofore offered for said property and the time and place when and where the sale will be consummated.

At the time fixed for said consummation of sale, the City Council shall call for further bids for said property and if any increased bid is received from a responsible bidder in at least five percent in excess of the original price offered for the same, then the City Council may accept the highest bid for said property or may order a new sale or may withdraw the property from sale.

Sec. 714.1 Protection of parkland and public open space.

Neither the Ulistac Natural Area, the Santa Clara Youth Soccer Park nor any other real property owned or controlled by the City that is presently listed or hereafter listed by ordinance in the inventory of parks and recreation facilities contained in Appendix Eight of the City of Santa Clara 2010-2035 General Plan shall be sold, leased or otherwise disposed of for a period of one hundred eighty (180) days or more, nor shall its use be changed, abandoned or discontinued without such sale, lease, disposal or changed use having been first authorized or ratified by a two-thirds (2/3) majority vote of the electorate, voting at a general municipal election for that purpose.

No substantial building, construction, reconstruction or development upon or with respect to any lands so dedicated shall be made except pursuant to ordinance subject to referendum.

The provisions of this Section 714.1 shall not apply to real property owned or controlled by the City that is subject to the CityPlace Master Community Plan originally adopted by the City Council by Resolution No. 8339. (Added by electors at an election held November 8, 2016, Charter Chapter 20 of the State Statutes of 2017) Commented [GG94]: Level One/Level Two
Proposed changes update/modernize language, with
modification to require only one physical copy of the City Code be kept for public review in the Clerk’s office.

Commented [GG95]: Level One/Level Two
Outdated language/practice deleted, with now only 1
physical copy of the Charter required to be maintained in the City Clerk’s office, and the requirement for posting on the City’s website.

Commented [GG96]: Level Two
(elimination of outdated process)

This provision is highly antiquated, and difficult and
impractical to follow. (It technically even requires proposed sales to the public of a remnant no longer used easement to an adjacent property holder.) There are all sorts of state rules now requiring declarations of “surplus” land before it can be sold, and this dollar figure is so low as to cover in effect any proposed transfer.

Alternatives include modifying, including increasing the dollar amount (probably dramatically) or deleting.

Consensus of Group Two and the CRC was that this
provision is too antiquated to “save.” The terms for sales of property are highly negotiated, and must ultimately be
approved in open session anyway.

Level 3?
Although this deletion makes sense, to the extent this
change might be viewed as taking away a public right to be notified and actually bid on City property for sale, it might be viewed as a sensitive Level 3 matter. A separate ballot measure, though, would probably not be worth the cost in this case.

TO DO:

Clarify with City Council their intent with this Section to either include or exclude from the proposed
comprehensive Charter update measure
Commented [GG97]: Level One
(moved for reorganization)

This Section has been moved to new Section 102.3.c above and modified as shown there in underline/strikeout
I I
1~--
-11---- /
I
-
I I
I
-
Charter-33 (Revised 7/23)
Sec. 715

Sec. 715 Power to levy and collect taxes.

The City Council shall have power to levy and collect taxes, and to collect license taxes for both regulation and revenue.

Article VIII. City Manager, Ordinances, Meetings
Sec. 800 Appointment
A City Manager shall be chosen by the City Council on the basis of his/her executive and administrative qualifications. No City Council member shall receive such an appointment during the term for which he/she shall have been elected, nor within two years thereafter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 801 Compensation.

The City Manager shall be paid a salary commensurate with his/her responsibilities as chief administrative officer of the City, which salary shall be established by ordinance or resolution . (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 802 Powers and duties.

Sec. 807 Prohibition against Councilmanic interference.

Neither the City Council nor any of its members shall order or request the appointment of any person to an office or employment or his/her removal therefrom, by the City Manager, or by any of the department heads in the administrative service of the City. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately.

Any City Council member violating the provisions of this section, or voting for a resolution or ordinance in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall cease to be a Council Member. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Commented [GG98]: Level One
(reorganization)
The power is this Section are both incorporated into broader provisions for authority in Article One and are more
specifically referenced in Section 805.1, below. Provision doesn’t make sense here.

Commented [GG99]: Level One
(reorganization)
The next few Sections regarding the City Manager have been consolidated in Section 501, below
Commented [GG100]: Level Two
(removal of outdated provision)
This seems an outdated concept. It is highly likely there would ever be a City Council person that have the
professional qualifications to be a City Manager of a City like Santa Clara, so contemplating this at all so long as they wait two years seems odd. Group/CRC Consensus is to
delete this Section subject to review of 2000 amendment for any unique history.

Note: 2000 update didn’t add or change this Section.

Instead it deleted the requirement that the City Manager must live in the City.

Commented [GG101]: Level One/Level Two
(reorganization and update to modern practices)
The CM salary and benefits is typically negotiated into the terms of a contract which is approved by Council resolution.

The salary is then included in an executive salary schedule that is also approved by Council resolution per state law requirements. This concept has been integrated into new Section 501, below, with compensation approved at a public meeting.

Commented [GG102]: Level One
(reorganization)
This provision was moved up into Section 202.2.c as a
limitation on Council Member Authority
Commented [GG103]: Level One
(reorganization)
This was also moved. See notes for Section 202.2.c, above I I
--- -
l
I I
l
~
-
I
I
-
I I
l
1\
I I
l
\
I I
l
--
Charter-34 (Revised 7/23)
Santa Clara City Code Sec. 903

Sec. 815 Publishing of legal notices.

The City Council shall by resolution designate one or more newspapers of general circulation in the City of Santa Clara as official newspaper for the publication of any legal notice or other matter required to be pub- lished in a newspaper of general circulation in said City. If it appears to the City Council that the rates offered are unfair, it need not designate an official newspaper. Upon making a finding to such effect, or if publication of newspapers which have been so designated are suspended, then legal notices, ordinances or other matter required to be published in an official newspaper may be published by posting copies thereof in at least three public places in the City. The places for posting of legal notices shall be fixed by ordinance of the City Council.

No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this Charter, or law, or ordi- nance.

Article IX. Officers and Employees
Article Five
Structure of City Government
Section 500 In General

500.1 Organization by Departments. The City government shall be organized into departments as provided in this Article Five. In addition to those departments specifically enumerated in this Charter, the City Council may provide by ordinance for the creation, consolidation or abolishment of other City departments or offices. Unless otherwise provided by the terms of this Charter, each department shall be headed by a department head or officer appointed and supervised by the City Manager.

500.2 Administrative Code. Within six months after the adoption of this Charter, the The details of the City’s organization and operations shall be adopted by ordinance and set forth in one or more Articles within the City Code. Council shall adopt by ordinance an administrative code providing for a plan of administrative organization of the City government(“Administrative Code”). , which The Administrative Code will cover all matters concerning the specific powers, duties, term of office, procedure of all the officers, boards and commissions, and employees of the City; provided, however, that the provisions of said code shall not be in conflict with any of the provisions of this Charter or other Applicable Law. This Aadministrative Ccode will also cover all rules and regulations relating to fiscal operations, personnel management, election procedure, and other matters concerning the operation of the functions of the City government. The Administrative Code shall be reviewed and updated from time to time to align with then current City operations and best practices.

Sec. 900Section 501 Officers to be appointed Appointed by the City Council and by the City Manager.

In addition to the City Manager, the On the terms set forth in this Section, the City Council shall appoint a and affix the compensation for the City Manager, a City Attorney and a City Auditor (each an “Appointed Officer,” and collectively the “Appointed Officers”). Each Appointed Officer shall be selected based on their professional qualifications and compensated commensurate with their respective duties on terms approved by the City Council at a public meeting. who All Appointed Officers shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by at least four affirmative votes and subject to any process required by Applicable Law. The primary duties of each Appointed Officer are set forth below. The City Council may also assign additional duties consistent with the terms of this Charter by ordinance, resolution or contract of employment.

501.1 City Manager. The City Manager shall be chief executive officer and the head of the administrative branch of the City government , . He/she shall be responsible accountable to the City Council for the proper administration of all affairs of the City. and to that end, subject to the personnel provisions of this Charter,In this role, in accordance with all Applicable Laws, the City Manager he/she shall have the power and shall be required to:

(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, except as otherwise provided by this Charter, and except as the City Manager he/she may authorize Commented [GG104]: Level One
(reorganization)
Moved to the end as new Section 904
Commented [GG105]: Level Two
(added language to inform)

This Section is new and has been added for educational
purposes and context.

Commented [GG106]: Level One/Level Two
This is old Section 910 with revisions as shown. The only real addition is the last sentence that contemplates the review and update of the Code from time to time to align with
current City operations and best practices. Some of the current codes are way out of alignment, including, for
example, the City Attorney’s Office provisions which don’t describe the current structure of the department at all.

Commented [GG107]: Level Two
This Section sets up the new Article reorganization that makes clear the distinction between City Council
appointed and City Manager appointed positions. Other
new language consistent with current/best practices.

Commented [GG108]: Level One/Level Two
Changes here are generally improved language and
updates to align with other office obligations and current practices/nomenclature. Some rise to Level Two when
adding missing/best practices
_____ 1 _1 ---------1~--- - --~
-----1~- --
-------I _1 _____________ ----r--- -------.iiiiiiii .------7 I I
I ~~
---============ \\~-=
I .__I ___________ _
Charter-35 (Revised 7/23)
delegate authority to the head of a department or office to appoint and remove subordinates in such department or office. No person related to the then currently serving City Manager by blood or by marriage shall be eligible for office or employment in with the City government.

(b) Prepare the budget annually and , submit for Council adoption and administer the City budget in accordance with the provisions of Sections of this Charter. it to the City Council and be responsible for its administration after adoption.

(c) Manage the City-owned utilities, including the water and power departments, in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City.

(c)(d) Manage, or contract for the management of, all City enterprises, including the City’s Convention Center, and any Joint Powers Authority formed by the City for the management of a City function or enterprise.

(d)(e) Cause the Director of Finance to pP repare and submit to the City Council as of the end of the fiscal year as soon as practicable following the close of each fiscal year a complete financial report on the finances and administrative activities of the City for the preceding fiscal year.

(e)(f) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations for laws, policies or other actions as may seem to him/herthe City Manager determines, in their professional judgement to be in the best interests of the City desirable.

(f)(g) Take such actions the City Manager determines necessary or appropriate, to (i) assure the high quality performance of services by every Make investigations into the affairs of this City, or any City department or division thereof , (ii) compliance with the terms or of any contract or other , or the proper performance of any obligation owed to the City, and (iii) compliance with the City Code.

(g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.

(h) Perform such other duties as may be prescribed by this Charter , or required by him/her by the City Council, or deemed necessary in the City Manager’s professional judgement, that are not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
(h)
Sec. 803 Rules and regulations.

The City Manager may pPrescribe such general rules and regulations as he/she the City Manager may deem necessary or expedi- entappropriate for the general conduct of the administrative offices and departments of the City under his/her their jurisdiction. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 804 Manager pro tempore.

The City Manager shall aAppoint, subject to the approval of the City Council, one of the other officers of the City to serve as the acting City Manager Pro Tempore during any temporary absence or disability of the City Manager ; provided, however, that any such appointment expected to be longer than thirty (30) days shall be subject to City Council approval..

Sec. 805 Participation in Council action.

The City Manager and such other officers of the City as may be designated by the City Council, shall be accorded a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council, but shall not (k) have a vote. Attend and advise, with appropriate staff support, all City Council meetings.

Sec. 806 Removal of the City Manager.

The City Council shall appoint the City Manager for an indefinite term and may remove him/her the City Manager by a Commented [GG109]: Level One
Discussed as possibly outdated, but ultimate consensus was that any relation of the CM in City government could create issues, even as a part time parks and recreation employee for the summer, so language to be retained.

Commented [GG110]: Deleted “non-regional” here as
not needed.

Commented [GG111]: Level Two
(deletion to align with current practices)

This does not currently happen. Instead, per other
requirements in the Charter, this happens on a monthly basis.

City Manager’s comment: “This feels like an outdated
practice, and once we get a “open data” financial system, everything can be online without the need to put on an
agenda for public review. That being said, we don’t want people to feel like we’re taking something away, so maybe soften the language by broadening how this can be done...or provide the Council with the ability to authorize a change to this practice by resolution.”
Commented [GG112]: Level Two
(updated to align with current/best practices)

Current (standard) practice is for short term periods, Council authority is not obtained. They are just informed. Consensus of the group was to make approval required only if the
absence or disability exceeds a certain time period (e.g., 30 days)
Commented [GG113]: Replaces outdated language with a
duty to attend
-i1 ----
-
-
Charter-36 (Revised 7/23)
majority vote of the entire Council. At least thirty (30) days before such removal shall become effective, the City Coun- cil shall by a majority vote of the entire Council, adopt a preliminary resolution stating the reasons for his/her the City Manager’s removal. The City Manager may reply in writing and may request a public hearing, which shall be held not earlier than fifteen (15) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the City Council by majority vote of the entire Coun- cil may adopt a final resolution of removal. By the preliminary resolutions, the City Council may suspend the City Manager from duty but shall in any case cause the City Manager to be paid him/her forthwith any unpaid balance of his/her the City Manager’s salary and his/her salary for the next calendar month following adoption of the preliminary resolution. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) these

501.2 City Attorney.

There shall be a The City Attorney shall serve as the lawyer for the City, including all of its enterprise and authorities, and be the Director of the City Attorney’s Office. In this role, the City Attorney who shall have the power and be required to:

(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;

(b) Represent and appear for the City and any City officer or employee or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee in or by reason of his/hertheir official capacity acting in good faith on behalf of the City, is concerned or is a party;,

(c) Subject to City Council approval, initiate administrative proceedings or litigation on behalf of the City in order to defend or advance City’s lawful interests or objectives;

(d) Subject to City Council approval of positions and funding, and in consultation with the City Manager, but the City Council shall have control of all legal business and proceedings and may act as the appointing authority for unclassified employees (lawyers and other legal staff) in the City Attorney’s Office and employ other contract attorneys as the City Attorney may deem necessary and appropriate to take charge of any litigation or other legal matter toor to assist the City Attorney thereinin the performance of their duties;

(b)

(e) Attend a n d a d v i s e a t all meetings of the City Council (c)(f) P r o v i d e and give his/her advice or l e g a l opinions in writing whenever requested to do so by the City Council, or as may be necessary and appropriate to advise by any of the boards or officers of the City;

(d)(g) Approve in writing the form of all bonds given to and all contracts and other binding legal documents made approved or entered into by the City, endorsing his/her approval thereon in writing; (e)(h) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto;

(i) Prosecute on behalf of the people all civil and criminal cases for violation of this Charter and of City ordinances;

(f)(j) Where a conflict exists, facilitate a referral to qualified outside counsel or an enforcement agency with jurisdiction; and

(g)(k) On vacating the office, surrender to his/herthe City Attorney’s successor, all books, papers, files, and documents pertaining to the City’s affairs.

To be eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attor- ney at law in before the Supreme Court of the State of California, and shall have been engaged in the active prac- tice of law for at least four seven (7) years immediately prior to the City Attorney’s his/her appointment with such additional qualifications as may be approved by the City Council commensurate with the demands of the position . (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

501.3 City Auditor
Commented [GG114]: Level Two
(update to align with current/best practices)
A lot of this is now negotiated via contract and/or governed by State law (at least for terminations that are “for cause”).

A provision was added to Section 501, above for all
appointed officials that removal could only happen if it complied with State Law. There is an existing law that gives a CM the ability to have a “name clearing” hearing, so this right isn’t being eliminated by deleting this Section
Commented [GG115]: Level One/Level Two
Moved up from Old Section 908. Many changes are
Level One. Level Two Changes of substance are
highlighted below.

Commented [GG116]: Level Two
(added to align with current/best practices)

Initiation of litigation authority should be added, but always subject to approval from the City Council.

Commented [GG117]: Level Two
City Attorney is proposing that this position should have appointing authority with respect to legal professionals, but any “civilian” “classified positions” would remain a City Manager appointment. The City Manager concurs
and the CRC recommends
Commented [GG118]: Level Two
(update to align with best practices)

See proposed revisions to the Violations; Enforcement
Section 902, below, which assign Charter violation
enforcement to the DA or outside counsel
Commented [GG119]: Level Two
(update to align with best practices)

Conflicts may arise, including an inherent conflict if called upon to prosecute or represent a matter involving a City Council person or a personal interest.. This provision would cover such contingencies.

Commented [GG120]: Level Two
(update to better align with standards)

Four years is clearly too few years to serve in this position.

Group/CRC settled on 7 years because didn’t want to overly restrict the minimum qualifications
Commented [GG121]: Level One/Level Two
(as noted below)
Moved up from Old Section 909

Level Two
(align with current/best practices)

Updated based upon input from the City Auditor and
Finance Director. Adds responsibility for “performance audits” consistent with current practices, and with
appropriate balance of independence and Audit
Committee/Council oversight
-
1 - I
1 - -
I
---
-
-
-
Charter-37 (Revised 7/23)

The City Auditor shall serve as the independent auditor of City finances, and City’s performance of certain internal functions, with the goal of evaluating and ultimately improving such performance. In this role, the City Auditor shall have the power and be required to:

(a) Aaudit and approve all bills, invoices, payrolls, demands or charges against the City government before payment and, with the advice of the City Attorney, advise the City’s Audit Committee and the City Council as to the regularity, legality and correctness of such claims, demands or charges;. (a) (b) Develop, using risk-based methodology, and present to the City’s Audit Committee for approval, an annual work plan for the audit of internal City operations, to be submitted to the City Council (“Approved Annual Work Plan”);

(b) Implement, or oversee the implementation of, the Approved Annual Work Plan, and such other performance audits as may be necessary or appropriate in the City Auditor’s professional discretion.

(c) Conduct themselves in strict conformance with all applicable professional and ethical standards consistent with best practices.

In the absence of a City Council appointed City Auditor, Tt he City Council may, in its discretion, approve the assignment to appoint any other officer or employee of the City asthe duties of the City Auditor and grant approve such person additional compensation for the performance of such duties.

All other officers and department heads of the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager at compensation fixed by the City Council. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 901Section 502 Officers and Employees to be APppointed by the City ManagerOther appointive officers.

On the terms set forth in this Section, all department heads or division leaders of the City that are not elected or appointed by the City Council (“Senior Officials”) shall be appointed by the City Manager. Subject to the terms of Article Seven, Civil Service, below, all such Senior Officials shall be in the “Unclassified Service.” Each such appointive officer Senior Official shall perform the duties imposed upon him/herthat officer by this Charter, and under the terms of any by ordinance, or resolution, or and, if under jurisdiction of the City Manager, shall perform such other duties relating to his/her office City Manager policy or directive, lawfully issued as may be required of him/her by the City Manager consistent with the terms of this Charter.

The City Council may provide by ordinance for the creation, consolidation or abolishment of the City depart- ments or offices, not specifically enumerated in this Charter. Each department so created shall be headed by an officer as department head who shall be appointed by the City Manager.

Sec. 902 Appointive officers; duties.

Each appointive officer shall perform the duties imposed upon him/her by this Charter, by ordinance, or resolution and, if under jurisdiction of the City Manager, shall perform such other duties relating to his/her office as may be required of him/her by the City Manager. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 904 D502.1 Department and D irector of Finance.

There shall be a Ddepartment of Ffinance,; the head of which shall be the Director of Finance, who as determined by the City Council, shall be, or be appointed by, the City Manager. The Director of Finance Uunder the supervision of the City Manager the Director of Finance shall have charge of the administration of all City financesthe financial affairs of the City, including the financial affairs finances of the any City-owned public utilities and other City enterprises. In this role, for the City and for all City offices, departments and agencies under City’s control, the Director of Finance , and he/she shall have power and be required to:
(a) Assist with the preparation, submittal for approval, and implementation of the City Budget as provided in Section Commented [GG122]: Level Two
(improved language to align with current standards)

“approve the assignment to” is a better term for this in that any other officer or employee of the City would be appointed by the City Manager
Commented [GG123]: Level One
Concept moved/incorporated into Section 502, below
Commented [GG124]: Level Two
In general, language and Sections updated to improve
language, update nomenclature and modernize and align
descriptions of duties with current/best practices. Input from all existing Directors obtained, and they are in concurrence with proposed language.

Commented [GG125]: Level One
Language moved into Section 500.1 and updated there
Commented [GG126]: Level One
Language/concept moved into Section 501 and updated
there

Commented [GG127]: Level One/Level Two
(wording changes to improve language and bring duties
into alignment with current/best practices)
==-==-_ ==-====-=-==~-----==========~~~====
--
-
-
Charter-38 (Revised 7/23)
801 below Compile the budget expense and capital estimates for the City Manager;

(b) Supervise and be responsible for the disbursement of all monies in conformance with the approved City Budgetand have control over all expenditures which have been budgeted;

(c) Maintain a general accounting system , for the City government and of its offices, departments and agencies; keep books financial records, for, prescribe the financial forms , to be used by and exercise financial budgetary control over each office, department or agency;

(d) Submit to the City Council, through the City Manager, a monthly financial reportstatement of all receipts and disbursements in with sufficient detail to show the exact current fiscal financial condition of the City;

(e) Submit to the City Council, throughPrepare for the City Manager, as of the end of each fiscal year, a complete financial statement and report for the previous fiscal year;

(f) Collect all taxes, special assessments, utility charges, license fees , contract payments, and other revenues of the City for whose collection the City is responsible except City taxes collected by the County and as provided in Section 1306, and receive all money receivable by the to which the City is entitled or has been granted from any other the State or Federal government agencies, private party or from any court or awarding authority, or from any office, department or agency of the City; (g) HReceive and have custody as a fiduciary of all monies receivedable by the City from any source and either deposit or invest such funds;;

(h) Deposit all monies received in such depositories as may be designated by resolution of the City Coun- cil or, if no resolution be adopted, by the City Manager, and in compliance with all the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds; and

(h) Have custody of all investments and invested funds of the City government, or in possession of such government in a fiduciary capacity, and have the safe-keeping of all bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

(i) Serve as the City’s Treasurer in all respects, where required in City’s financial dealings, including in any public financing.

(i) Oversee the City’s centralized purchasing system as provided in Charter Section 803.1, below.

All such duties shall be conducted in accordance with Applicable Law and best practices applicable to local government agency operations and finances, as determined in the professional discretion of the Director of Finance, or as may be set forth in adopted City policies.

Commented [GG128]: Level Two
With input from Finance “exact” was removed as a standard hard to define and impossible to meet. After considering various replacement adjectives, and discarding as unworthy, consensus was to just remove any adjective.

Commented [GG129]: Level Two
(eliminate unnecessary/outdated language)
These deleted sections, with minor updates in language
above, are already included in the Director’s duties, as revised above, with inclusion of applicable professional standard, below
Commented [GG130]: Level Two
Treasurer status helpful when this is the term used for City financings
Commented [GG131]: Level Two
Added language to emphasize that all applicable professional standards apply.

I - ---_ --=--=------=~=------I
-
I --------,f------------l:c____ 1 -
---
----==--==------
-
I
l
I I
I -
- I I
I I
I - l
Charter-39 (Revised 7/23)

Sec. 905 502.2 Department and Director of City Engineer and Department of Public Works.

There shall be a Department of Public Works, the head of which shall be the Director of Public Works, who shall be appointed by the City Manager. Utilities. and Utilities, who may be the City Engineer, Under the supervision of the City Manager, the Director of Public Works shall have charge of the design, construction, improvement, maintenance and repair of City facilities and infrastructure, including related engineering functions and approvals. In this role, in addition to the aforementioned duties, the Director of Public Works shall have the power and be required to: and utilities, as are or may be from time to time designated by the City Council.

(a) Where outside contractors are necessary or desirable for the implementation of Public Works, oversee the City’s Public Works procurement process in accordance with Charter Section 803.2, below; and (b) Serve as or consult with the City Manager in the appointment of the City Engineer, to oversee all necessary and appropriate City engineering services, including the approval of engineering maps, surveys, designs and permits; any City Engineer must be a registered professional engineer in the State of California.

(1) City Engineer. The City Engineer shall be a Registered Professional Engineer in the State of California, and he/she shall have the power and be required to:

(a) Supervise and be responsible for all City engineering work, including the preparation of engineering maps, surveys, and designs;
The
(b) Perform such other duties as the City Council may from time to time prescribe, either by ordinance or resolution; and,

(c) On vacating the office, surrender to his/herthe Director of Public Work’s successor all maps, plans, field notes and other records and memoranda belonging to the City and pertaining to the Director of Public Work’shis/her office and the work thereof.

(2) Director of Public Works and Utilities. The Director of Public Works and Utilities, who may be the City Engineer, shall, under the supervision of the City Manager, be in charge of the administration of such departments of the City, including engineering and utilities, as are or may be from time to time designated by the City Council. (As amended 1965 Statutes, Senate Concurrent Resolution No. 74, Chapter 101; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 907
502.3 Chief of the Fire Department.

There shall be a Fire Department, the head of which shall be the Chief of the Fire Department (“Fire Chief”), who shall be appointed by the City Manager. Under the supervision of the City Manager, the Fire Chief shall have the power and be required to:

(a) Supervise all matters relating to the prevention and extinguishing of fires and the protection of all property impaired therebyfrom fire risks and damage;

(a)(b) Supervise all matters relating to emergency medical response and transportation services, including coordination with regional and local public and private agencies to assure high quality and efficient delivery of such services ; and
(c) Make frequent Develop and administer programs for inspection of all property within the City to enforce fire prevention and related safety regulations; and
(b)(d) Develop and administer such other services or programs as may be approved and funded by the City Council consistent with a modern “all risk” fire service, including, without limitation, mutual aid services, hazardous materials regulation and response, and rescue operations.

Commented [GG132]: Level One/Level Two
Changes reorganize and update language to reflect that
there are now separate Utility Depts that the Public
Works Director (PWD) does not oversee. Also adds
PWD role to implement and oversee public works
procurement.

Addition since June 5th draft reverts appointment
authority of City Engineer back to the City Manager
(this change was not discussed/intended), but requires
this appointment be made in consultation with the PWD.

Commented [GG133]: Level Two
(update to be consistent with current
standards/practices)

Revisions conform format with all City manager
appointed officers, and update the description of the Fire Chief’s duties to align with a “modern” Fire Service

L___J
I I
-
Charter-40 (Revised 7/23)
Sec. 908 City Attorney

Sec. 909 City Auditor

Sec. 910 Administrative Code.

Within six months after the adoption of this Charter, the Council shall adopt by ordinance an administrative code providing for a plan of administrative organization of the City government, which will cover all matters concerning the powers, duties, term of office, procedure of all the officers, boards and commissions, and employees of the City; provided, however, that the provisions of said code shall not be in conflict with any of the provisions of this Charter. This administrative code will cover all rules and regulations relating to fiscal operations, personnel management, election procedure, and other matters concerning the operation of the functions of the City government.

Sec. 911
Section 503 Official Employee Performance bB onds.

503.1 In General. The City Council may approve by ordinance or resolution a policy requiring the posting of faithful performance bonds with respect to certain officers and employees within the City (“Employee Performance Bonds”). Any such policy shall, at a minimum, include provision for (1) the City positions covered, (2) the amount and required terms for bonds, and (3) the standards for any issuer of such bonds. Any premiums for Employee Performance Bonds shall be paid by the City.

503.2 Form and Filing. All Employee Performance Bonds sThe City Council shall fix by ordinance the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk, except the that any bond required of the City Clerk or any employee of the City Clerk’s office’s bond which shall be filed with the City Manager.

503.3 Premiums on official bonds shall be paid by the City.Limited Liability of Supervisor.

In all cases wherein an officer or employee of the City is required to furnish a n Employee faithful pPerformance bBond, there shall be no personal liability upon, or right to recover against, his/her that person’s supervisor ,superior officer, or the bond of the latterbonded officer or employee, for any wrongful act or omission of the formersupervisor, unless such superior officerthe supervisor was a party to, or conspired in, such wrongful act or omission. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

503.4 Relationship to State Law. In the absence of a City Council approved policy with respect to Employee Performance Bonds, the provisions of General City Laws shall apply.

Sec. 912
Official Oaths of Ooffice.

Each member of the City Council,Elected Official, of every member of a City bBoard and Ccommission, and each officer City Council appointed official, and each and department head, before entering upon the discharge of the duties of his/her office shall take, subscribe to and file with the City Clerk the following oath of affirmationoffice: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.” (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Article X. Appointive
Article Six
Commented [GG134]: Level One
Moved to New Section 501.2
Commented [GG135]: Level One
Moved to New Section 501.3
Commented [GG136]: Level One
Moved up as new Section 500.2. Changes shown there in
underline/strikeout.

Commented [GG137]: There was discussion on need for
this language in the Charter at all, with a possible option to radically reduced to a sentence or two calling for rules to be adopted by ordinance. Current recommendation is to retain provisions, but to update to make more clear and better align with State law.

California law establishes comprehensive requirements for city employees who must obtain and furnish faithful
performance bonds or other forms of bonds in connection with their official duties. These requirements are governed primarily by the California Government Code, which sets forth the conditions, obligations, and payment provisions for official bonds of municipal officers and employees.

Statutory Framework for Official Bonds
The fundamental condition of an official bond is established by California Government Code § 1501, which provides that "the condition of an official bond shall be that the principal will well, truly, and faithfully perform all official duties then required of him by law, and also all such additional duties as may be imposed on him by any existing law of the State or law enacted subsequently to the execution of the
bond" (West's Ann.Cal.Gov.Code § 1501 )[1]. This statutory language ensures that bonds cover both current and future duties imposed by law.

California Government Code § 1504 further specifies that every official bond executed by any officer pursuant to law "is in force and obligatory upon the principal and sureties therein for" both "any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office" and "the faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the
execution of the bond" (West's Ann.Cal.Gov.Code §
1504)[2]. The statute includes important limitations on personal liability for officers whose sole compensation is a fixed salary, providing that they shall not be personally liable for negligent acts or omissions of deputies or employees unless the officer failed to exercise due care in selection, appointment, or supervision (West's Ann.Cal.Gov.Code §
1504)[2].

Charter City Authority Over Bond Requirements
California Constitution Article XI, § 5 grants charter cities plenary authority to provide for "the manner in which, the method by which, the times at which, and the terms for
which the several municipal officers and employees whose compensation is paid by the city shall be elected or
appointed, and for their removal, and for their
compensation" (West's Ann.Cal.Const. Art. 11, § 5 )[5]. This constitutional provision allows charter cities to establish their ... [11] Commented [GG138]: Level Two
(alignment with State law)
If City doesn’t make its own policy, state law provisions apply.

Commented [GG139]: Level One
(reorganization)
Section moved to Section 907 in Legal/Miscellaneous
Article.
-1 - I
t - I
I I
1 - l
--
Charter-41 (Revised 7/23)
Boards and Commissions

Sec. 1000
Section 600 In general.

600.1 Chartered Boards and Commissions. The City re shall be have the following enumerated boards and commissions: Planning Commission, Parks and Recreation Commission, Board of Library Trustees, Civil Service Commission, and the Salary Setting Commission] (collectively, the “Chartered Boards and Commissions”). Chartered Boards and Commissions which shall have the powers and duties (1) set forth in this Article, herein stated, and (2) such other additional powers and duties, consistent with the terms of this Article, as the City Council may assign by ordinance. be conferred by the City Council. which are not incon- sistent herewith.

In addition, t

600.2 City Council Created Boards and Commissions. T he City Council may also create , by ordinance such additional boards or commissions as in its judgment are required or useful, and may grant to them with such powers and duties Council may assign, as are consistent with the provisions of this Charter and Applicable Law (“Council Created Boards and Commissions”) . Unless the City Council otherwise provides by ordinance all terms and conditions of this Charter applicable to Chartered Boards and Commissions shall also apply to Council Created Boards and Commissions.

600.3 Qualifications.
a. To be qualified all members of Chartered Boards and Commissions shall be Qualified Electors and Residents of the City. No member of any Chartered Board or Commission shall simultaneously be a paid employee of the City.
b. Unless otherwise specified by the City Council by ordinance, members of Council Created Boards and Commissions need only be residents of the City and 18 years of age or older.

600.4 Compensation. The members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses when on official duty in accordance with an approved budget and policies and procedures approved by on order of the City Council.

600.5 Rules of General Application. Where terms of this Charter are intended to apply to both Chartered Boards and Commissions and City Council Created Boards and Commissions, such boards and commissions shall be collectively referred to as “City Boards and Commissions” and the members thereof as “Board and Commission Members.”

600.6 Conflict of Interest Rules. City Boards and Commissions members shall be subject to all Applicable Laws regarding conflicts of interest and gifts, including any Local Laws.

Sec. 1001 Appropriations

Section 601 Funding and Staff Support .

The City Council shall include provide in in the City’s its annual budget sufficient appropriations of funds and staffing resources necessary for the efficient and proper functioning of all City Boards and Commissions such boards and commissions.

Sec. 1002

Section 602 Appointments; Tterms and Vacancies.

Section 602.1 Appointment; Removal. Except as otherwise provided in this Aarticle, the members of each of such bo City Boards or Ccommissions shall be appointed, and shall be subject to removal, by motion of the City Council adopted by at least four affirmative votes. The decision to appoint, reappoint, or remove any board or commission member shall be in the sole discretion of the City Council. Consistent with the Commented [GG140]: Level One/Level Two
(both minor and more significant language updates, with other Level Two changes as indicated below)

This Article was updated with substantial input from the existing Boards and Commissions listed.

Note: “Commissions” are generally understand to mean
groups that are permanent with some independent authority or ongoing subject matter jurisdictions. “Committees” are almost always advisory, and sometimes are of limited
duration. “Subcommittees” are always subordinate bodies to the primary Council or Commission. “Board” appears to be just a historical name for the Board of Library Trustees, and in this context has no particular meaning distinct from Commission. ... [12]
Commented [GG141]: Level One
(reorganization)
Consensus of Groups Two and Four was to move the
details of the Salary Setting Commission composition and role and function (previously described in Old Section ... [13] Commented [GG142]: Level Two
(alignment with current standards)

Here are the current Code Sections for both Charter created and City Council created Boards and Commissions. Revised ... [14] Commented [GG143]: Why addition of an Ethics
Commission not proposed by CRC.

Group Four discussed extensively the pros and cons to
proposing for inclusion in the Charter provision for the ... [15] Commented [GG144]: Level One/Level Two
(updated language to improve understanding)
Commented [GG145]: Level One
(existing language moved and updated to be more explicit without substantive change)

Qualified Elector Status. The need for “qualified elector” ... [16] Commented [GG146]: From City Code Section 2.120.010

“All members of boards, commissions, and committees,
except for members of the Youth Commission and Bicycle
and Pedestrian Advisory Committee, shall be eighteen (18) ... [17] Commented [GG147]: Level One
(reorganization and minor language update
This section was modified and moved here. Its old Section 1004 (see below)
Commented [GG148]: Level One
(addition of defined terms language to make more
clear/user friendly)
Commented [GG149]: Level Two
(alignment with applicable law)
CAO noted that bodies that only make recommendations are not required to file Form 700s under State Law, and this language wouldn’t change that.

Commented [GG150]: Level Two
(improved wording consistent with existing practices)
Commented [GG151]: Level Two
(addition of requirement for a policy consistent with
desired/best practices)

Group Four discussed extensively options for making more ... [18] I I
----
- -- - -
I I
--
--- -
I
r-- -
-
- --
--
I I r-
I I
r-I I
~
I I
r---- I
I I
-
I I r--
I I
r-
--
-
-- --- --
I I
-
I
\ -
--
L__J -
I
---
I I r-
Charter-42 (Revised 7/23)
requirements of State Law and the terms of this Charter, the City Council shall approve policies for the appointment, reappointment and removal of Boards and Commission Members in an orderly and transparent manner.

Section 602.2 Terms of Service; Term Limits. Except as otherwise provided in this Aarticle, the members of such boards and commissions City Boards and Commission Members terms shall beserve for a term of four years , commencing upon their appointment and swearing in, and continuing until their respective successors are appointed and qualifiedsworn in. ; provided, however,For any newly created City Board or Commission, the members first appointed to those boards and commissions shall so classify themselves by lot in order to stagger their terms such that each succeeding July 1st the term of at least one of their number members shall expire. Unless otherwise provided by City Council ordinance the Lifetime Term Limit rules applicable to Elected Officials shall also apply to City Boards and Commission Members; provided, however, time served on one City Board or Commission shall not count towards any time served on any other City Board or Commission.

Section 602.3 Vacancies. A City Boards and Commission Member’s seat shall be considered “Vacant” upon the occurrence of any “Event of Vacancy” provided in Charter Section 205, above. In addition, Iif a member of a board or commission member is absents himself/herself from three regular meetings of such board or commission, consecutively, unless with permission of excused by such board or commission expressed in its official minutes in accordance with policies that shall be approved by the City Council, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the City, his/her office that member’s position shall be considered Vvacant and shall be so declaredupon declaration of by the City Council. Except as otherwise herein provided, a

Section 602.4 Filling of Vacancies. Any vacancies in any board or commission position from whatever cause arising, shall be filled in the same manner as provided for the original by appointment of such position by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term.

Sec. 1003

Section 603 Conduct of Meetings; Chair.

As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. 603.1 Meetings. Each board or commissionCity Board and Commission shall hold regular meetings as required by ordinance or resolution of the City Council, and such special meetings as it may require to perform its assigned duties. All proceedings shall be conducted in accordance with (1) the Brown Act and shall be open to the public unless otherwise permitted under the Brown Act, and (2) any other meeting requirements adopted by the Council from time to time consistent with the terms of this Charter and Applicable Law.

603.2 Chair. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members as “Chair” to serve as its presiding officer for that year at the pleasure of such board or commission. unless. the nature of any proceeding is such that in the opinion of such board or commission the public interest would be best served by closing a particular proceeding to the public, and the reasons therefor are declared in any action closing such proceeding. Upon conclusion of any such proceeding any final action which is to be taken by such board or commission, with respect to such proceedings, shall be taken in open meeting.

603.3 Actions. The affirmative or negative vote of a majority of the entire membershipauthorized number of members of City Board or Commission such board or commission shall be necessary for it to take action.

Each board or commission shall keep a record of its proceedings and transactions.

603.4 Additional Rules and Procedures. Consistent with the terms hereof, the City Council may adopt additional rules and procedures for the conduct of meetings and the taking of actions by City Boards and Commissions.

Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection . It shall have the same power as the City Council to compel the attendance of wit- Commented [GG152]: Level Two
(update language to reflect current/best practices)
Group/CRC consensus was okay to include reference to
“lifetime” term limits. The only current authority for this is set forth in the Boards and Commissions handbook. It is a matter of practice as opposed to formally adopted policy. An option could be to not include this requirement and instead allow the City Council to establish terms limits by
ordinance/policy.

Commented [GG153]: Level Two
(addition of requirement for a policy consistent with
desired/best practices)

Parks and Recreation Commission and others suggested
adding some clarity around what criteria and process is for excused vs. unexcused absences. Per Assistant City Clerk, there are currently no policies. She has proposed and would like there to be for both City Council and Boards and
Commissions. Ultimate decisions was to not try to make such rules, but to require that they be made.

Section requires City Council creation of an excused
absence policy for Boards and Commissions.

Commented [GG154]: Level Two
(addition of provisions to fill gaps)

Consensus was to tie into the “vacancy” standard for CC members, while preserving, appropriately given the different meeting cadence, the unique Boards and Commissions
standard for vacancies resulting from missed meetings.

Commented [GG155]: Level One
(minor language updates)
Commented [GG156]: Level Two
Updated generally to improve language, emphasize
application of Brown Act and any City Council approved
rules, and to eliminate provisions that conflict with the Brown Act (e.g., deleted language at the end of Section 603.2)

Commented [GG157]: Level Two
(updated to clarify/align with current practices)

This phrase “entire membership” needed clarification.

Proposed revisions reflects the current rule and practice for the City Council.

CC Option: But with Boards and Commissions that have
vacancy problems or attendance problems, this strict rule could block or delay action. Options include allowing
majority votes of the number of filled seats and/or members in attendance so long as quorum requirements are met. The general consensus, though was that consistency of rules was the better “default” provision.

Commented [GG158]: Level Two
(delete provisions inconsistent with current/best
practices)

Regarding Boards and Commissions making their own
rules, this is not current practice, and is not
recommended. There is a need and real value in
consistency, especially with need for compliance with
Brown Act. The current City Council Policy 055 for
“Meeting Management Protocols” will apply to Boards
and Commissions when it converts from a “pilot
program” to a permanent policy and it allows for some
variation on rules at the Boards and Commissions level ... [19] -
-
-~=l~I ===~----==~==~~~=-=~-_- ~- l,_---------._iiiiiiiii"""'"-= -
Charter-43 (Revised 7/23)
nesses, to examine them under oath and to compel the production of evidence before it. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Commented [GG159]: Discuss. This power is
extraordinary and really doesn’t apply to the roles and functions of any of the Boards, save maybe Civil Service Commission. See similar note, below, regarding Section 1005 and the power to conduct “investigations”. Consensus of Group/CRC for deletion as a “general power.”
Charter-44 (Revised 7/23)
Sec. 1004

Sec. 1004 Compensation, vacancies.

The members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses when on official duty on order of the City Council.

Except as otherwise herein provided, any vacancies in any board or commission from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself/herself from three regular meetings of such board or commission, con- secutively, unless with permission of such board or commission expressed in its official minutes, or is con- victed of a crime involving moral turpitude, or ceases to be a qualified elector of the City, his/her office shall be vacant and shall be so declared by the City Council. (As amended, 1967 Statutes, Senate Concurrent Res- olution No. 35; Chapter 61; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)M

Sec. 1005 Oaths; affirmations.

Each member of any such board or commission shall have the power to administer oaths and affirmations in any investigation or proceeding pending before such board or commission.

Sec. 1006

Section 604 Composition, Powers and Duties of the Chartered Boards and Commissions.

The Chartered Boards and Commissions shall be composed and have the powers and duties set forth below. The City Council may assign additional powers or duties not inconsistent with this Charter as may be prescribed by ordinance.

604.1 Planning Commission – Generally.

a. Composition. There shall be a City The Planning Commission consisting shall consist of seven members to be appointed by the City Council from the Qqualified Eelectors of the City., none of whom shall hold any paid office or employment in the City government except that the City Manager, and the Director of Public Works and Utilities, or their designated representatives, shall serve as ex-officio members of the commission. (As amended, 1965 Statutes, Senate Concurrent Resolution No. 74, Chapter 101)

Sec. 1007 Planning Commission – Duties and powers.
b. Powers and Duties. The Planning Commission shall have power and be required to:

(a) (1) Long Range Planning. Review and make recommendations After a public hearing thereon, recommend to the City Council regarding any proposed the adoption, amendment, or repeal of all or any portion of the City’s General Plan or any other master plan or any part thereof for the physical development of the City;

(2) Zoning. Review and make recommendations to the City Council regarding the City land use and zoning regulations;

(b) (3) Permits and Approvals. Exercise such functions as the City Council may prescribe by ordinance with respect to land subdivisions, precise plans, specific plans, zoning modifications, conditional use permits, variances, or such other land use or development permits required or available under the City Code (“Project Permit or Approval”) planning, and zoning as may be prescribed by ordinance; and

(4) Environmental Policies and Impacts. Exercise such functions for recommendations or determinations regarding City environmental policies or programs, and the environmental impacts of proposed projects under the California Environmental Quality Act (“CEQA”) as the City Council may prescribe by ordinance or as required by Applicable Law; Commented [GG160]: Level One
(reorganization)
Elements of these Sections were moved and revised as
show above in Sections 600.4 and 602
Commented [GG161]: Level Two
(deletion to conform with current/best practices)
Very few Boards and Commissions need to exercise this
authority, and those who do, under very limited
circumstances. Better approach is to provide these things by ordinance as is allowed per CC general authority in
Section 600.1 above and 604, below

Commented [GG162]: Level One/Level Two
Language clean up and elimination of outdated concept
that City staff serve as ex officio members of these
groups.

Planning Commission okay with maintaining a seven
member Commission, with the existing qualifications
Commented [GG163]: Level One/Level Two
(Language clean up and updates based on Planning
Commission input and City Code)

Planning Commission and staff input intended to fully
describe duties, with alignment to updated City Code
provisions (see below).

Planning commission took this up at two PC meetings and a designated representative made a presentation to the Group Four meeting on April 16, 2026. A particular interest was shown in adding reference to advanced planning work,
environmental impacts and solicitation of public input.

Relevant City Code Sections:

§ 2.120.050Planning Commission. [1]
The Planning Commission shall be primarily responsible for and have the following duties:
(a)
The establishment, acceptance and continued supervision of a long-range master plan for the future development of the City.
(b)
The proper application and preservation of the zoning and land use regulations of the City and recommending such
revisions and amendments as may be deemed necessary.
(c)
The processing of subdivision tract maps and property
development applications in accordance with prescribed
standards.
(d)
Serve as a correlating agency for the capital improvement program of the City.

I -
I
I=----=
-
I I -
I I
l
j
I I
I I
Charter-45 (Revised 7/23)

(5) Solicitation and Consideration of Public Input. In accordance with City policies and Applicable Law, solicit and give due consideration to public input regarding any proposed land use policy change, project or permit before the Planning Commission; and make recommendations to the City Council regarding City policies for the solicitation of public input; (6) Other. Perform such other related duties or functions as may be required by Applicable Law or assigned by the City Council by ordinance consistent with such planning, zoning, environmental or other function as now or may be hereafter authorized by the State of California in so far as they do not conflict with the provisions of this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) (c) c. City Council Deference. The City Council, in its consideration of any appeal of a lawful determination by the Planning Commission with respect to a Project Permit or Approval shall give due consideration to the Planning Commission determination.

Sec. 1008
604.2 Parks and Recreation Commission.

There shall be a City
a. Composition. The Parks and Recreation Commission consisting shall consist of seven members to be appointed by the City Council from the Qqualified Eelectors of the City., none of whom shall hold any paid office or employment in the City government.

Sec. 1009 Parks and Recreation Commission – Powers and duties. b. Powers and Duties. The Parks and Recreation Commission shall have power and be required to:

(1) Act in advisory capacity to the City Council and staff regarding major improvements in all matters pertaining to public parks, recreation, playgrounds, and sports/recreation facilities; (a) and entertainment;
Commented [GG164]: Level Two
(proposed addition to align with Planning Commissions
view of a best practice)

This was important to the Planning Commission. They even proposed a provision that would require and City Council decision to overturn a Planning Commission decision on
appeal require a super majority vote. While both Group Four and the full CRC were sympathetic, there was sensitivity to how this may be received by the City Council. Such a
modification is lawful, but not typical, and may be a matter of substantial debate at the Council level since it proposes to reduce their discretion on appeals.

The CRC ultimately concluded it should not recommend this change. This conclusion was helped by the fact that the CAO confirmed that the commission has an inherent right to designate a PC member to represent their position at the City Council should they elect to do so with respect to any
particular item.

Commented [GG165]: Level One
(minor wording changes)
Parks and Rec okay with existing composition and
qualifications
Commented [GG166]: Level Two
(updates to align with current/best practices)

Parks and Recreation Commission and staff provided support for updating Charter language to align with current/best practice duties as an advisory board, not one that manages programs or contracts (as currently suggested by some
outdated provisions in the Charter and the City Code.

§ 2.120.060Parks and Recreation Commission. [1]
The Parks and Recreation Commission shall be primarily
responsible for the following:
(a)
The establishment, acceptance and continued supervision of a long-range parks and recreational program for the City. (b)
Planning and implementing an annual program of
recreational and cultural activities for all age groups. (c)
Recommending and supervising all the City's contractual relationships with other agencies in the recreational field. (d)
Serve as a correlating agency between the City and other units of government on recreational undertakings.
(e)
The planning and supervision of the City cemetery.

Commented [GG167]: Level Two
(update to align with current/desired practices)

Changes here and below made are designed to be consistent with both input from the Parks and Recreation Commission and City staff to reflect what goes on now and what they believe is a full and accurate description of their appropriate scope
-
--
-
Charter-46 (Revised 7/23)

(b) (2) Review anyConsider the annual proposed operations and capital budgets of for the Parks and Recreation Department during the process of its their preparation and make recommendations on such budget(s)with respect thereto to City staff the City Manager and the City Council; and

(3) Review any proposed Parks and Recreation Master Plan, or any amendments thereto, and make recommendations on such plan or amendments to City staff and the City Council Assist in the planning and supervision of a ;

(4) Review and provide input to City staff on plans for City-wide recreation programs for the inhabitants of the City and ways to , promote and stimulate public interest thereinin such programs; (5) When requested by City Council or staff, provide input on proposals for City-wide events using City parks and recreation facilities or resources;

(c) (76) and to that end, solicit to the fullest extent possible Assist with and encourage the development of the cooperation of with school authorities and other public and private agencies entities interested in parks and recreation facilities and programs therein . (Amended by electors at an elec- tion held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1010

604.3 Civil Service Commission.

There shall be a
a. Composition. The Civil Service Commission consisting shall consist of five members to be appointed by the City Council from the Qqualified Eelectors of the City., none of whom shall hold any paid office or employment in the City government.

Sec. 1011 Civil Service Commission – Powers and duties.

The Civil Service Commission is charged with the duty of providing qualified persons for appointment to the service of the City.
(a) b. Powers and Duties. All appointments and promotions in the classified public service shall be made for the good of that service, and solely upon merit and fitness, as established by appropriate test of qualifications, without regard to partisan politics, and in a non-discriminatory manner in accordance with all Applicable Laws. race, color or religious belief In furtherance of this purpose, the Civil Service Commission shall:.

(1) Perform those functions and duties as required und the Civil Service Rules and Regulations, as adopted and amended by the City Council.

(b) (2) Act as Board of Review to hear petitions by classified civil service employees, and applicants for classified civil service positions, and to grant or deny such petitions pursuant to the Civil Service Rules and Regulations and to adopt and amend procedures for conduction hearings on such positions.

(c) (3) c. Appointment of Salary Setting Commission: The Civil Service Commission shall aAct to appoint and remove members of the Salary Setting Commission. Perform such other duties as may be required by the civil service rules and regulations. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1012
604.4 Board of Library Trustees.

There shall be a a. Composition. The Board of Library Trustees (BOLT) consisting shall consist of seven five members to be appointed by the City Council from the Qqualified Eelectors of the City. below. and no member of said Board shall hold any paid office or employment in the City government.

\Sec. 1013 Board of Library Trustees – Powers and duties.

b. Powers and Duties. With respect to the Santa Clara Library System, Tt he BOLT Board of Library Commented [GG168]: Level Two
(update to conform with existing/best practices)
Per Parks and Rec staff: as noted above, programming has not (in the last many years) gone to Commission for input.

Nor has there been any direct role in “soliciting cooperation” from schools and other public and private agencies. This as been a staff function.

Commented [GG169]: Level One/Level Two
(wording/format changes and non-substantive changes to
conform with current/best practices)

Changes presented reviewed and approved by the Civil
Service Commission.

Changes submitted to labor groups in required meet and
confer process. As of June 23, 2026 all changes presented have been accepted and are okay to include in the
comprehensive Charter update.

Commented [GG170]: Level One
(reorganized)
This deleted provision is included in Section 600.3 to be of general application to all Chartered Boards and
Commissions
Commented [SR171]: Level One
(additional language to cross-reference Salary Setting
Commission, non-substantive change)
Commented [GG172]: Level One/Level Two
(combination of format/wording updates and changes to
align with current/desired Board of Library Trustees
(BOLT) practices)

BOLT met a number of times to consider proposed/desired changes. The BOLT president presented their input to
Group Four at the their March 12th Subcommittee meeting.

Comments/proposals regarding BOLT composition included:

--Expand number of members from 5 to 7: expands diversity of representation; bring in line with other Boards, minimize cancellation due to lack of quorum; increase sub committee flexibility and reach (I.e., don’t have enough members now to get everything done to advance Library services, including connections/relationships with other City constituencies and Boards (e.g., Cultural Arts Commission).
—Changing “qualified electors” to “residents” in line with library mission to expand participation to all residents, including non-citizens; increases diversity of board
—Note: “standard” appointment process to be maintained, with entire Council given an an opportunity interview and appointing all members. “at large”
Commented [GG173]: Level Two
Increases board membership from 5 to 7
Commented [GG174]: BOLT comments/proposals on
powers and duties included:
--Desire to primarily advisory (guide and recommend), but don’t want to abdicate “accountability”.
--This can be achieved by requiring them to be part of certain Library administrative processes. E.g., Library budget needs to come to BLT for review and recommendation before it
goes to City Council. (e.g.’s Anaheim and Chula Vista); annual report to City Council on Library activities
(Anaheim).

For reference, current City Code provisions provide as
follows:
... [20]
-
__ ----
--
-
Charter-47 (Revised 7/23)
Trustees shall have charge of the administration of the Santa Clara Free Public Library and shall have power and be required to:

(1) Make and enforce such by-laws, rules and regulations as it may deem necessary for the administration and protection of the City library;
(1) Approve or disapprove the appointment of a librarian who shall be the Director department headof the Santa Clara City Library system (Library Director) in accordance with a selection process developed and administered by the City Manager in consultation with the BOLT;
(2) In consultation with the Library Director (1) assist with the development of and enforce rules and regulations policies for library operations with approval rights over policies regarding collection development, materials reconsideration, materials lending, patron conduct, and use of meeting rooms and grounds, subject, however, to compliance with Applicable Law and City-wide facility operations requirements as it may deem necessary for the administration and protection of the City library;(2) consider and make recommendations to the City Council regarding any library facilities or operational master or strategic plan; (3) consider and make recommendations to the City Council regarding the library budget; and (4) Accept into the library fund and administermake recommendations regarding the proper allocation of “significant donations” (as may be defined by City Council policy) of money, personal property or real estate donated to the City earmarked for library purposes.otherwise acquired for library purposes subject to the approval of the City Council;

(3) Provide/present an annual report to the City Council as an agendized item at a City Council meeting regarding the state of the Santa Clara Library system; and

(3) -Contract with school, county or other governmental agencies to render or receive library services or facilities, subject to the approval of the City Council. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)3

604.5 Salary Setting Commission

a. Composition and Appointment. The Salary Setting Commission shall consist of five members to be appointed by the Civil Service Commission from the Qualified Electors of the City. The City Manager and the City Attorney, or their designees, shall provide support for this Commission as necessary and appropriate. b. Power. The Salary Setting Commission shall have the power and be required to establish the salary and benefits (“Total Compensation”) of the Mayor, the City Council, the Chief of Police and the City Clerk (collectively, the “City Elected Officials”). They shall do so in accordance with the following process:

(1) On or before March 15 of every odd year, the Salary Setting Commission shall meet as necessary to evaluate the existing Total Compensation of the City Elected Officials and determine what, if any adjustments should be made to such compensation.
(2) Salaries established by the Commission as part of the Total Compensation shall not exceed one hundred ten percent (110%) of the previous salary figure.
(3) The Salary Setting Commission determination of Total Compensation for the City Officials shall go into effect for the period commencing July 1 of that odd year and ending two years thereafter. (4) All determinations shall be final, with City Council action limited to ratification of such determinations as required by Applicable Law.

c. Special Rules for Benefits for Part Time Officials. Any “benefits” established by the Commission for the Mayor, City Council and the City Clerk shall be limited to (1) health benefits, including medical, dental and vision (collectively, “Health Benefits”); and (2) retirement benefits on an opt-in basis in accordance with the City’s then in effect retirement system. In no event shall any Health Benefits provided be convertible to cash.

Section 605 Committees. The City Council may also create by resolution (a) subcommittees of the City Council, or (b) committees of limited duration (not to exceed 24 months) comprised of a combination of Council Members and private individuals, or solely private individuals, in each case that are advisory to the City Council. The composition and role and function of such committees shall be as set forth in the enacting resolution. Any such committee must be formed and operated in accordance with all Applicable Laws including the Brown Act.

Commented [GG175]: Level Two
(updates to conform with existing standards)

This is name now recognized by the California State Library (and federal govt.) as official name. This name change will facilitate flow of state and federal funds to the officially named designated recipients. Under state law, all
Californians entitled to “free access” to the library. Cerritos example, they charge non residents for a library card, and as a result are not entitled to state funding. Another example is San Leandro.

Commented [GG176]: Level Two
(update to conform with existing/desired practices)
This retains an existing BOLT power, but integrates it with the City Manager hiring process
Commented [GG177]: Level Two
(update to conform with existing/desired practices)

This update recommended by Group Four and CRC
incorporates substantially all BOLT requests for retention of key aspects of authority, with addition of more clarity on the types of polices that the BOLT will reserve the power to “approve.” Proposed language reflects a list of types of polices, with some protections added to make sure any
policies comply with law and City wide facility requirements Commented [GG178]: Level Two
(update to conform with existing/desired practices)

BOLT requests this to be modified to keep but reduce direct involvement. “Significant” is intended to have both a
quantitative and qualitative component.

Commented [GG179]: Level Two
(update to conform with existing/desired practices)

BOLT and Group Okay with deletion of this
Commented [GG180]: Level One/Level Two
(reorganization, updated language and clarifying changes to eliminate ambiguity consistent with current
interpretations/practices)

This is a new Section that takes the role and function content from old Section 702 (now 204.1) and moves it here.

Notes/considerations from discussion
--Salary question: Proposed language eliminates ambiguity regarding extent to which Charter language dictates terms for salary only or other forms of compensation
—Current benefits that have been discussed by the
Commission include pensions (currently offered as an ... [21] Commented [GG181]: Changing this compensation
standard was discussed, but group recognized that any such change would be Level 4
Commented [GG182]: Level One/Level Two
Moved this to its own subsection to make it easier to
distinguish for “part time” officials (i.e., not the Chief of Police)
Commented [GG183]: Level Two
(added language fills a gap in a manner consistent with current/best practices)

This Section is intended to contemplate other advisory
bodies that are intended to be purely advisory and/or
temporary in nature, with some flexibility to Council on how ... [22] -
-
--
-
Charter-48 (Revised 7/23)
Sec. 1100

Article XISeven. Civil Service
Sec. 1100700 Civil service; merit principle.

Appointments and promotions in the classified service of the City shall be made for the good of that service, solely upon according to merit and fitness, as established by appropriate test of qualifications, without regard to partisan politics, in a non-discriminatory manner, in accordance with all Applicable Laws, to be ascertained, so far as practicable, by competitive examination, and shall be subject to the provisions of the Civil Service Rules and Regulations duly adopted by the City Council..

Sec. 1101701 Classified service.

The civil service of the City shall be divided into the unclassified and classified service. (a) The unclassified service shall comprise the following offices and positions:

(1) All elective officers;

(2) City Manager;

(3) City Attorney;

(4) City Clerk;

(5) City Auditor;

(6) The head of each department, including but not limited to, the Director of Finance, Director of Pub- lic Works and Utilities, City Engineer, Chief of the Police Department, Chief of the Fire Depart- ment;

(7) The Assistant City Manager, Assistant City Attorney, and Assistant Department Heads, whenever so designated by the City Council;

(8) All members of boards and commissions;

(9) Persons employed for a temporary or special purpose, for a period not to exceed six months in any one calendar year, if the City Manager certifies that such employment is temporary and that the work shall not be performed by employees in the classified service;

(10) Persons employed to render professional, scientific, technical or expert service of an occasional and exceptional character;

(11) Volunteer members of the Fire Department and Police Reserve; and,

(12) The City Council by ordinance may divide or separate any department of the City into divisions and by ordinance may provide that the employee selected to be the head of any such division shall be in the unclassified service.

(b) The classified service shall comprise all positions not specifically included in this section in the unclas- sified service.

Sec. 1102702 Appointments from classified to the unclassified service.

In the event an officer or employee of the City holding a position in the classified service is appointed to a position in the unclassified service, and should subsequently be removed therefrom, he/shethe officer or employee shall revert to his/herthe officer or employee’s former position in the classified service without Commented [GG184]: Level One/Level Two
(updated language generally and alignment with
current/best practices)

The proposed Changes in this Article (Old Article XI, New Article Seven) are the product of (1) initial input from HR and CAO, with the objective to align the language with
current laws and existing City/best practices, (2)discussions with the Civil Service Commission and Group Five, (3)
action/direction by the full CRC, and (4) CAO/Meeting and Conferring with Labor Groups.

Note:

Revised language reflects changes agreed to or not
objected to by labor groups as of June 23, 2026.

Proposed changes not accepted by labor groups,
consistent with the CRC recommendation, are not
proposed as part of the comprehensive Charter update.

Charter-49 (Revised 7/23)
loss of any rights or privileges and upon the same
Charter-50 (Revised 7/23)
Santa Clara City Code Sec. 1108

terms and conditions as if he/shethe officer or employee had remained in said position continuously. Should such person be eligible for retirement under the retirement system at the time of such subsequent removal, upon recommendation of the City Manager, he/shethat person shall be retired in lieu of being restored to his/herthe former position.

Sec. 1103703 Classification.

The City Manager shall prepare and submit to the City Council a plan of classification and grading of all posi- tions in the City Service according to similarity of authority, duties and responsibilities. Such classification plan shall take effect when adopted by the City Council. Additions or changes in the classification plan may be adopted from time to time by the City Council upon the recommendation of the City Manager.

Sec. 1104704 Pay plan.

The City Manager shall prepare and submit to the City Council a standard schedule of pay for each position in the classified service. Such pay plan when adopted by the City Council shall include a minimum and maxi- mum and such intermediate rates as may be deemed desirable for each class of positions. Amendments to the pay schedule may be adopted from time to time upon the recommendation of the City Manager.

Sec. 1105705 Civil service rules and regulations.

The City Council shall adopt civil service rules and regulations governing the administration of the City civil service system to implement the provisions of this Article.

Sec. 1106 Reserved.

Code reviser’s note: At an election held on November 7, 1972, the electors repealed former section 1106 con- taining provisions prohibiting persons in the classified service from engaging in certain political activities.

Said former section was adopted by the electors at an election held on April 2, 1951, and approved by the State legislature on April 25, 1951. The repeal of said section 1106 was approved by Senate Concurrent Res- olution (1973 Stats., Res. Ch. 10).

Sec. 1107706 Prohibitions.

No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any application, test, certification, or appointment held or made under the personnel provision of pursuant to Article XISeven of this Charter or in any manner commit or attempt any fraud preventing the impartial execution of the provisions of this Article SevenXI.such personnel provisions or rules and regulations made hereunder.

Any person who by himself/herselfindividually or with others willfully or corruptly violates any of the provisions of this Article shall be guilty of a misdemeanor and the penalty therefor shall be the same as established for misdemeanors under generalState law. and shall upon conviction thereof be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment. Any person convicted hereunder, or any person found by the Civil Service Commission to have violated the provisions of this Article XISeven, shall be ineligible for a period of five years for employment in the City service and shall, if he/shethat person is an officer or employee of the City, immediately forfeit his/herthat person’s office or position. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1108707 Contract for administrative services.

The City Council, upon recommendation of the City Manager, may contract with the governing body of any other city, or county within this state, or with any state department, or with any private or governmental agency for the furnishing of administrative, fiscal, or personnel services.

Charter-51 (Revised 7/23)
Sec. 1200

Section 708Article XII. Retirement

709.1Sec. 1200 State system.

The State “Public Employees’ Retirement Law,” (“Retirement Law”) as it now exists or may hereafter be amended, is hereby adopted for the City of Santa Clara, and plenary authority and power are hereby vested in said the City, its the City Council and its several officers, agents and employees at their discretion to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of said the Retirement Law, to enable said City to become or continue as a contracting City participating in the Public Employees’ Retirement System; provided, however, that the City Council may terminate any contract entered into with the Board of Administration of the Public Employees’ Retirement System only under authority granted by ordinances adopted by a majority vote of the Qualified Electors electors of the City of Santa Clara, voting on such proposition at an election at which such proposal is presented. (As amended by electors at election held November 7, 1972, approved by Senate Con- current Resolution (1973 Stats., Res. Ch. 10))

Article XIIIEight. Fiscal Administration and Procurement

Sec. 1300Section 800 Fiscal year.

Unless otherwise provided by ordinance, the fiscal year of the City government shall begin on the first day of July of each year and end on the 30th day of June of the following year. (As amended 1959 Statutes, Senate Concurrent Resolution No. 37; Chapter 121)

Sec. 1301 Annual budget; preparation by the City Manager.

Section 801 Budget Preparation, Approval and Implementation

801.1 In General. The City shall have in effect, at all times, an approved budget, setting forth the City’s program for expenditures for the then applicable fiscal year (“City Budget”).

801.2 City Manager to Prepare. The City Budget shall be prepared by the City Manager and approved by the City Council every year (annually) or every two years (biennially) as determined by City Council policy. The City Manager shall cause the preparation of the City Budget in consultation with the Director of Finance and all other City departments in consideration of their requests for expenditures and projected revenues in the upcoming fiscal year(s). The City Budget may be comprised of an operating budget and a capital budget approved in alternating biennial budget cycles.

801.3 Budget Contents. The City Budget shall contain provisions to fund (1) City operations, programs and services; (2) City facility and infrastructure improvements, maintenance and repair; (3) reserve accounts to cover future anticipated or unexpected operational or capital needs (“Reserve Accounts”); and (4) such other lawful projects or programs approved by the City Council. Reserve Accounts shall be funded at levels determined by the City Council, in accordance with adopted City Council policies, and in consideration of recommendations by the City Manager and Director of Finance regarding best practices and available funds.

To the extent required by Applicable Law, Applicable Government Accounting Standards , or as otherwise determined necessary or appropriate by City Council policy, the City Budget shall also include separate accounts tracking revenues and expenditures for certain City functions or enterprises, including City utilities.

Additional provisions for the accounting and use of utilities revenues are set forth in Section 804, below. At such date as he/she shall determine, the City Manager shall obtain from each office, department or agency of the City, estimates of revenue and expenditure for such office, department or agency, detailed in such man- ner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, shall hold conferences thereon with the head of such office, department or agency, respectively, and may revise the estimates as he/she may deem advisable. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1302 Budget – Submission to City Council.

801.4 Budget Approval Process.

Commented [GG185]: Level One
(changes to make minor language updates and add
defined terms)

Note: because these changes are wholly non-substantive
and will not result in any foreseeable impact on any
condition of employment they are not subject to meet and confer obligations.

Commented [GG186]: Level One/Level Two
This Article presents both substantive and non-
substantive updates to finance and procurement
provisions, with most substantive proposal regarding
Public Works (Section 802.2)

Substantial input in both areas was provided by the Finance Dept. and Public Works Dept., with the Public Works
director presenting to Group Four on March 17 and the
Finance Director on April 6 and May 11th.

Commented [GG187]: Level Two
(updated language and alignment with current/best
practices)

This is a new Section that aggregates old language and
provides a framework to allow for the current practice of biennial budgeting with the operating and capital budgets in alternating years
Commented [GG188]: Level Two
(updated language and alignment with current/best
practices)

This Section replaces detailed sections regarding certain types of required funds, now deleted (see below), more a more general list using more contemporary language and
nomenclature.

Most of the Group Six discussion centered around their
shared concerns regarding City budgeting for future capital and other needs through maintenance of adequate reserves.

The Group even considered proposing specific reserve
standards. Because this is the Charter, and that exercise would be complicated and changing over time, the ultimate consensus (consistent with the Finance Director’s
preference) was to call for Reserves, but continue to have this set by Council policy. Additional language for
“consideration of recommendations by the City Manager and Director of Finance regarding best practices and available funds.” was intended to set at least general standards upon which City Council policy would be based.

I I I
I
-' I I I I
I\
I
I
I -
I I
I -
I I
I
Charter-52 (Revised 7/23)

a. Proposed Budget Submittal by the City Manager.

At least thirtyforty-five (3545) days prior to the beginning of each fiscal year, or at such prior date thereto determinedear by the City Council, the the City Manager shall submit to the City Council the proposed budget for their consideration and input. as prepared by him/her.

b. City Council Proposed Revisions and Notice of Public Hearing. After reviewing the same proposed budget and making proposing such revisions or recommendations as it may deem advisable, the City Council shall determine set the time and date for the holding of a public hearing thereon on the proposed budget. and shall cause to be published a notice thereof Nnot less than ten 10 days prior to the date of said such hearing, the City Manager shall (1) cause notice of the hearing to be published , by at least one insertion in an Oofficial Nnewspaper ,and distributed as provided in Section 904,2, below; and (2) make.

cCopies of the proposed budget shall be available for inspection by the public in the office of the City Clerk and accessible on the City’s website. at least ten days prior to said hearing . (As amended 1959 Statutes, Senate Concurrent Resolution No. 37; Chap- ter 121; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1303 Budget – Public hearing.

c. Public Hearing and Adoption. At the time so advertised, or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hear and give due consideration to all testimony presented by City staff and the public. hold a public hearing on the proposed budget, at which interested persons shall be given an opportunity to be heard.

Commented [GG189]: Level Two
(update to current/best practices)

45 days before is consistent with current practice (initial budget proposed in early March), with idea that provides greater opportunity for meaningful public/stakeholder input.

Commented [GG190]: Level One/Level Two
(improved wording and update to reflect additional
noticing requirements)

Consistent with other “legal notice” requirements, this Section now includes cross-reference to the “modern
technology” noticing policy in Section 904.2, below.

Commented [GG191]: Level Two
(updated language with addition of “due consideration”
for public input and deletion of unnecessary/outdated
details for internal distribution, etc.)
-
- - ~1---L__I - ~-=-- 1~==~;;;~1
----= I I -----::::::::::~====~= =----1 - I
Charter-53 (Revised 7/23)
Santa Clara City Code Sec. 1310

Sec. 1304 Budget – Further consideration and adoption.

After the conclusion of the public hearing, the City Council shall further consider the proposed budget and make any final revisions thereof that it may deem advisable . and o O n or before June 30 it of each year in which the previous approved City Budget is expiring, the City Council shall adopt the new City bBudget with revisions, if any, by majority vote the affirmative votes of at least four members . Upon final adoption, the budget shall be in effect for the ensuing fiscal year (or years for a biennial budget. A copy thereofof the approved City Budget, certified by the City Clerk, shall be posted on the City’s website, and filed with the City Man- ager and a further copy shall be placed and shall remain maintained on file in the office of the City Clerk where it shall be available for inspection. The budget so certified shall be reproduced and copies made available for the use of departments, offices and agencies of the City. (As amended, 1959 Statutes, Senate Concurrent Resolution No. 37; Chapter 121)

Sec. 1305 Budget – Appropriations.

801.5 Budget Implementation. From Upon the July 1 effective date of the adopted City bBudget, the several amounts stated therein as proposed expenditures set forth therein shall be and become Aappropriated to the several funds, departments, offices and agencies for the respective objects and purposes specified therein named. The City Manager shall have the authority and responsibility to administer the approved City Budget in accordance with its terms. The City Manager’s administrative authority shall include the authority to reallocate money within the several funds, departments, offices and agencies; provided, however, any proposed reallocation of Appropriated funds from one department to another, or from one fund to another (including out of existing reserves or fund balances), shall require City Council approval of a budget amendment. At the end of each fiscal year, Aall Aappropriations that have not been expended or encumbered (through a commitment to a future expenditure as part of an approved Capital Improvement Project or under contract with a third party), shall lapse . at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. Funds with lapsed appropriations may not be expended until the City Council takes action to reappropriate such funds.

801.6 Budget Amendments.

At any meeting Aafter the adoption of the City Bbudget, the City Council may amend or supplement the City bBudget. Any budget amendment by motion adopted by the affirmative votes of at least five members so as to authorize the transfer reallocation of funds from one department to another or from one fund to another (including out of existing reserves or fund balances) shall require five affirmative votes. Budget amendments unused bal- ances appropriated for one purpose to another purpose, or to Aappropriate available revenue not previously included in the adopted budget, [to reallocate funds no longer needed for their original Appropriated purpose], or to reduce a an appropriated expenditure based on projected reduced revenues, or to realize projected savings, shall only require four affirmative votes.

Sec. 1306 Tax system and collection of taxes.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1306.5 Budget and levy of taxes for interim period between fiscal years. (Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1307 Tax limits.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1308 Tax liens.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1309 Bonded debt limit.

The bonded indebtedness of the City may not in the aggregate exceed the sum of fifteen percent (15%) of the total assessed valuation of property within the City, exclusive of revenue bonds or any indebtedness that has Commented [GG192]: Level Two
(update to align with current practices and current
finance terminology)

This generally aligns with current practices, but with better terms and clarity. The one addition is for the provision of carryforward of multi-year capital projects. This is
consistent with current best practices, including the City of Sunnyvale as provided in their Charter.

Commented [GG193]: Level Two
(update language to align with current/desired best
practices)

The Finance Director requested a review of legal
requirements for budget amendments to see if certain more technical amendments could be approved by a simple
majority vote. He pointed out that there are hundreds of appropriation amendments that are brought forward each
year during the monthly financial report and year-end
processes. Many are technical in nature (e.g. grant
carryover, reconciling fund balances to actual performance), and that there’s no operational reason these changes should be held at a higher standard.

CAO research suggests the City Council vote required to amend the budget is something the City can determine as a Charter City. I.e., there is legally no 5 vote requirement for any type of Charter amendment.

With Group Six and CRC concurrence, the proposed
language still requires 5 votes to shift money from one department or fund to another, but only requires 4 votes for “new money” or if a certain use no longer requires that money (e.g., a contract uses less money than originally allocated).

Commented [GG194]: Level One
(deletion of headings from previously deleted sections)

Applies to Sections 1306, 1307 and 1308.
-. - ----
- - -- - -
-- -
.
- -- -
-I
-
I I
- - . - -- . --
-
-
I
-
-- -- -
I I
I I
I
L-~
-
Charter-54 (Revised 7/23)
been or may hereafter be incurred for the purposes of acquiring, constructing, extending, or maintaining municipally owned utilities, for which purposes a further indebtedness may be incurred by the issuance of bonds, subject only to the provisions of the State Constitution and of this Charter.

Sec. 1310 Contracts on public works.

Section 802 Purchasing and Procurement

802.1 Goods and Services

A centralized purchasing system shall be established for all City Departments, offices, and agencies. The City Manager, in consultation with the Director of Finance, shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for services and the purchasing, storing storage, distribution, or disposal of all supplies, materials and equipment, required by any department, office or agency of the City government.

OPTION A: PREFERRED BY CITY STAFF AND RECOMMENDED BY GROUP SIX

802.2 Public Works

a. Rules to be Implemented by Ordinance. The City Council shall, by ordinance, adopt specific policies and procedures for the award of contracts for the construction, reconstruction, renovation, alteration, improvement or demolition of public buildings, streets, drains, sewers, utilities, parks, playgrounds and similar public facilities (each a “Public Work” and collectively, “Public Works”).

b. Required Provisions. The City’s implementing Public Works ordinance (“Implementing Ordinance”) shall, at a minimum, contain provisions for the following:

1. City Council to retain approval rights over what it defines as “major project” contracts (based on factors such as contract cost, project value, or other relevant considerations), with “minor project” contracts approved by the City Manager

2. Competitive bid processes for all contracts, with formal advertisement for bids and sealed bids required for all “major” contracts.

3. In general, except as provided below, the award of contracts to the lowest responsive and responsible bidder.

4. The ability to reject any and all bids, to re-advertise for bids, or to waive minor defects in any bid if determined by the designated contract-approving authority that such action is necessary or appropriate for the benefit of the public;

5. Emergency authority to waive the applicable competitive bid process requirements if the approving authority determines that the work required is of urgent necessity for the preservation of life, health or property.

6. The ability of the City to implement Public Works using City employees upon a determination by the approving authority (the City Council for major projects, the City Manager for minor projects) that the work can be performed better or more economically by City employees;

7. Defined terms, including definitions for what types of maintenance, repair, restoration, minor improvements, and equipment installation and equipment acquisition, which shall not be considered “Public Works” for purposes of this Section, but shall remain subject to City’s general competitive procurement standards.

8. Such other provisions consistent this this Section as may be necessary or appropriate to implement the City’s Public Works procurement process.

c. Procurement Alternatives. The City’s Implementing Ordinance may also provide for one or more alternative Public Works procurement processes to those described in Subsection b, above. Such alternatives may include, without limitation: (1) sole source or limited bid contracts where it is determined by the approving authority that the work required can only be performed by one contractor, or a limited group of contractors; (2) “best value” or other alternative procurement mechanisms, including but not limited to:
progressive design-build, construction manager at risk, fixed-price design-build, and design-build-operate Commented [GG195]: Level One
(reorganization)
This Section has been moved to the Finance Section, below Commented [GG196]: Level Two
(update to current/best practices)

Language added regarding services and City Manager
need to consult with the Finance Director

Commented [GG197]: Level Two
(update to align with best practices)

Detailed rule making is better made in the City Code, not the Charter. The existing rules are very outdated (e.g. the $1,000 threshold for Council approval and formal
bidding) and provide no flexibility for alternative
procurement mechanisms, which even General Law cities
are able to use (e.g., design build).

This OPTION A sets for parameters and checks and balances for public works procurement, but provides that the details of this be implemented by ordinance. OPTION A is preferred by staff and recommended by Group Six. Its considered
superior to OPTION B, below, because it doesn’t try to
define dollar thresholds in the Charter itself as these may change over time and a major increase in the number (which is what is needed) may not be well-received by voters (e.g., a proposal to increase the threshold for Council
approval/formal bidding/use of City forces from $1,000 to just $50K back in 2000 was voted down)

Level 3
The changes proposed with respect to the City’s public
works procurement process are substantive. The
existing process and dollar threshold is clearly outdated, and the proposed changes are very consistent with the
kind of changes contemplated by the Charter Project.

Accordingly, it would be reasonable to include this
proposed public works update as part of the overall
comprehensive update proposal.

But if the Council was concerned that voters might not be accepting of this substantial of a change, and don’t want to risk rejection of other desired changes, or if Council thought it necessary that voters be provided additional information on this one proposed change, Council could
consider presenting this change as a separate ballot
measure. The extra cost involved in this would be worth it in the view of the CRC and City staff.

Commented [GG198]: An ordinance implementing this
Section is required. This will need to be acted on right away. Some good models exist, however (e.g., Chula
Vista). Section 905, below provides that General City
Laws would apply pending the City’s enactment of its
local ordinance.

Commented [GG199]: Level Two
Note: language from the previous subsection d.,
“Maintenance, Repair and Certain Minor Improvements
Excluded” was deleted as redundant of this Section, which has been slightly modified in this draft to incorporate some of the deleted elements.
-
-
I
~
l/ I I
I I
I J
I I
-
Charter-55 (Revised 7/23)
contracts; and/or (3) such other alternative procurement mechanisms currently provided under State Law, or that may be provided under State Law in the future. The City’s Implementing Ordinance for any such procurement alternatives shall include standards for solicitation, evaluation and selection of qualified proponents. No such exception or alternative process shall be applied to a Public Work unless it is part of a City-wide policy or program approved by the City Council by ordinance and the approving authority has determined that its application to that Public Works is in the best overall interests of the City.

d. Relationship with Other Laws. To the maximum extent allowed by law, the provisions of this Charter Section, and any Implementing Ordinance or policy consistent with the terms of this Section, shall supersede all inconsistent State Laws or regulations that may otherwise be applicable to the City’s Public Works procurement processes.

OPTION B – Modify existing language to increase the dollar threshold and add alternative procurement options

a. Every contract involving an expenditure of more than two hundred fifty one thousand dollars ($250,0001,000.00) for the construction or improvement, (excluding maintenance and repair), of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds (each a “Public Work” and collectively “Public Works”) shall be let to the lowest responsive and responsible bidder after notice by publication in an official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids , and as provided in Section __, below.

“Major Public Works,” defined as projects costing greater than $250,000, shall be subject to approval by the City Council. “Minor Public Works,” defined as projects costing $250,000 or less, shall be subject to approval by the City Manager.

Commented [GG200]: Level Two
(updated to align with best practices)

Possible Level Three Status (see discussion above)

The Public Works Director presented extensively to Group Six on the value of adding this provision to give the City additional public works procurement tools it currently
doesn’t have but that are used successfully throughout the State. Design build and related mechanisms for certain types of projects can be used to great effect to manage costs, improve quality and shorten bid and construction time
frames. This could be especially important/valuable to the City as a tool with a number of the Measure I projects (e.g., Fire Station rebuilds) considered to be great candidates for this. The complicated projects required by Silicon Valley Power (SVP) are also good candidates and the SVP director also strongly supports the addition of these tools.

If the Charter amendment is approved, an ordinance
would need to be developed to set out the best practices for how this would work
Commented [GG201]: Option B:

Although not recommended, if Council thought it
necessary or advisable to include the actual dollar
threshold for Council approval/formal bidding for public works contracts, Council could present Option B instead to the voters. As opposed to leaving it to a City Council determination by ordinance, this proposal sets the
“Major” versus “Minor” project threshold at $250,000.

I I ~
L__J
I I
---- -----
-
--
Charter-56 (Revised 7/23)
Sec. 1311

The City Council or the City Manager, whichever is the approving authority, may reject any and all bids presented and may re-advertise in its discretion.

The City CouncilSuch approving authority, without advertising for bids, or after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and upon such declaration after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this Ssection. Such contracts likewise may be let without advertising for bids, if such work shall be deemed declared by adopted resolution of the City Council to be of urgent necessity for the preservation of life, health, public safety or property, and shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the including a statement of the facts constituting such urgency.

The City Council shall adopt an ordinance to implement the terms of this Section. Such ordinance may include limited exceptions to the bid solicitation and award provisions set forth above, including, without limitation: (1) sole source or limited bid contracts where it is determined by the approving authority that the work required can only be performed by one contractor, or a limited group of contractors; (2) “best value” procurement mechanisms, including but not limited to: progressive design-build, construction manager at risk, fixed-price design-build, and design-build-operate contracts. The City’s Implementing Ordinance for any such procurement alternatives shall include standards for solicitation, evaluation and selection of qualified proponents. No such exception or alternative process shall be applied to a Public Work unless it is part of a City-wide policy or program approved by the City Council by ordinance and the approving authority has determined that its application to that Public Works is in the best overall interests of the City.

For purposes of this Section “Public Works” shall not include maintenance, repair, or restoration of City facilities or infrastructure, any minor improvements required for workspace modifications or installation of equipment, or the purchase of equipment when segregated from the Public Works contracting process.

802.3 Franchises.

a. The City Council may by ordinance provide a procedure for the granting of franchises for the provision of City services or grant franchises pursuant to the procedure provided by the State Llaw. Franchises may be granted for the use by any public utility or other City service provider of the streets, public places or property of the City upon such terms, conditions, restrictions and limitations as may be prescribed by ordinance, or in the terms of a negotiated franchise agreement, but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred. In accordance with applicable City ordinances or State Law, Ssuch franchises may be granted exclusively, or non-exclusively, either for a fixed or an indeterminate periodterm.

Sec. 1311 General fund .

The City Council shall maintain a General Fund for the purpose of accounting for the general government rev- enue and the expenditures of the various City departments resulting from the provision of general government services.

The City Council shall maintain a General Contingency Reserve Fund. A reserve shall be built up in this fund from any available sources including any excess of revenues over expenditures in the General Fund during any fiscal year.

W
The City Council may establish reserve accounts in the General Contingency Reserve Fund as needed to seg- regate monies for particular purposes. Transfers may be made by the City Council from the General Contin- gency Reserve Fund to any other fund or funds, of such sum or sums as may be required for the purposes Council deems appropriate. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Commented [GG202]: Level One
No substance changes proposed. Just some clean up and
flexibility consistent with current practices.

Commented [GG203]: Level Two
(deletion of outdated provisions)

Group Six discussed whether all of these listed funds and requirements were necessary. With the recommendation of the Finance Director and CAO, the Group’s Consensus by
the Group and the CRC was that the Sections were too
detailed and not necessary. What’s essential in these
Sections has been boiled down and included in the Budget Contents Section, 801.3, above.
-IL--- -.-~ -~
Charter-57 (Revised 7/23)
Sec. 1312 Capital project funds.

Capital Project funds shall be created and maintained as necessary to segregate and account for specific capi- tal improvement project transactions and appropriations shall be included in the Capital Improvement Project Budget. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1313 Department funds.

The City Council shall maintain separate accounting records for the collection of revenues and disbursement of expenditures that are related to specific functions as determined by federal, state, other agency laws or City Charter provisions and regulations or as determined by Council action. These specific functions include, but are not limited to: the various City utilities whose operations are funded by user charges; grant programs; and trust funds established by bequest. Separate funds or accounts shall be maintained such that proper reporting can be made at any time. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1314 Petty cash funds.

The City Council may provide for revolving petty cash funds, to be paid to the City Manager or department heads and used for payment in cash of expenditures provided for in the budgets that cannot conveniently be paid otherwise. The City Manager, and such department heads, shall account to the City Council for all dis- bursements made therefrom when making demand for replenishment of the same and at such other times as the Council may require and the amounts shall thereupon be charged against the proper appropriations.

Charter-58 (Revised 7/23)
Santa Clara City Code Sec. 1320

Sec. 1315 Presentation of demands.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1316 Registering warrants.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1317
_______ Legal Actions against the City.

No suit or action for money or damages, whether sounding in tort, contract or some other theory, may be brought against the City, or any board, commission, agency or officer, agent or employee thereof, until a claim has been filed with the City, and either the City acts on the claim or it is deemed denied by operation of law. The procedures prescribed by State law Law governing the presentations, consideration and enforcement of claims against cities and its officers, agents and employees shall apply to the presentation, consideration and enforcement of claims against the City or its officers, agents and employees. Claims for money or damages which are excepted from or not covered by State Llaw may be governed by the procedures established by City ordinance. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1318 Centralized purchasing.

A centralized purchasing system shall be established for all City Departments, offices, and agencies. The City Manager shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for purchasing, storingstorage, distribution, or disposal of all supplies, materials and equip- ment, and services required by any department, office or agency of the City government.

Sec. 1319

Independent audit.

Section 803 Audit Requirements

803.1 In General. The Council City shall employ, at the beginning of each fiscal year, an independent Ccertified Ppublic Aaccountant (“Independent Accountant”) who shall conduct an audit, at least annually, of the booksfinancial accounting, records for and accounts of all City operations, capital expenditures and enterprises. all officers and employees of the City who receive, admin- ister or disburse public funds, and such other officers, employees, departments and agencies as the Council may direct . Such audit shall be conducted in accordance with generally accepted auditing and accounting principles applicable to government agencies. Such audit shall be made at such times as may be prescribed by the City Council but shall be at least annually.

803.2 Reporting. As soon as practicable after the end of the fiscal year, a final audit and report (“Final Audit”) shall be submitted by such the Independent Accountant inde- pendent accountant tto the Council, the City Manager , and the City Attorney and the City Audit Committee for review at a public meeting. The City Audit Committee may be a subcommittee of the City Council or an independent body appointed by the City Council . The Audit Committee shall review the Final Audit, hear public testimony, and cause the Final Audit to be transmitted to the City Council for action at a public meeting. At that time,Three (3) copies one physical copy of the audit Final Audit shall be placed on file in the City Clerk’s office where they it shall be available for public inspection , and an electronic version shall be posted on the City’s website. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1320 Utilities fund.

Section 804 Special Rules for Utilities Expenditures and Revenues

Receipts Revenues from the utilities operated by the City shall be paid into the City Treasury and maintained accounted for in a sepa- rate utilities separate funds for each such utilitiesutility. Expenditures from such funds shall be made only Commented [GG204]: Level One
(subject titles for deleted sections to be deleted Charter- wide)
Commented [GG205]: Level One
(reorganization)
This Section was updated and moved below as New Section 901
Commented [GG206]: Level One
(reorganization)
This Section moved above to new Section 803.1
Commented [GG207]: Level Two
(update to align with current/best practices)

This Section was updated based upon input from the
Finance Dept. and the current City Auditor to be
consistent with current and best practices. Eliminates confusing language regarding individual employee audits and applies modern auditing standards.

Commented [GG208]: Level Two
(update to align with current practices/procurement
standards)

The contract with the independent auditor will be
procurement using City standards for approval authority, currently any contract of $250K or above goes to City
Council
Commented [GG209]: Level Two
(update to align with current/best practices)

Audit process requires some form of engagement between
the auditor and a public body. Currently this happens with the Audit Committee. This leaves it to Council discretion (recommended) on how that Audit Committee is formed.
==--=----------__jl-L_-----i~-- ~ ;;------ --
d I l
[ _______ _J
I I ~
-~ I
- - -- - -
- -
-
-
T
I
~
-
Charter-59 (Revised 7/23)
for lawful purposes related to utility operations and capital requirements, including adequate reserves in accordance with the standards set forth in Section 801.3 above. In addition, as previously approved by the voters on November 8, 2022, for the following purposes only for such utilities in the order named, viz.:

(a) For the payment of operating expenses, pension charges and proportionate payments to such compen- sation and other insurance and accident reserve funds as the City or the City Council may establish; (b) For repairs and maintenance;

(c) For the payment of interest and sinking funds on bonds issued for acquisition, construction or exten- sions;

(d) For the payment of five per cent (5%) of the gross receipts from such utilities shall be remitted to the general fund of the City to be used for general City purposes approved by the City Council; the use of such funds shall be subject, however, to such any limitations as may be contained in any resolution or indenture heretofore adopted prior to such voter approval.

Commented [GG210]: Level Two
(update to align with current/best practices)

Per request from Finance, this Section revised to eliminate specific allowed expenditures and instead to refer to
applicable law.

Commented [GG211]: Level Two
(update to remove any possible ambiguity)

Language added for clarification only, that monies put into the general fund can be used for general fund purposes
I 1-
-
Charter-60 (Revised 7/23)
Sec. 1321

providing for the issuance of revenue bonds for the acquisition, construction or improvement of such utilities, which bonds are now outstanding or may hereafter be issued under such existing resolution or indenture; (e) For extensions and improvements;

(f) For the establishment of a sinking fund within the utilities fund for the replacement of utilities property in the minimum amount of two million five hundred thousand dollars ($2,500,000.00).

The City Council shall cause records to be kept of the receipts and expenditures of each utility and of credits and debits of each utility in the aforementioned utilities fund. The City Council may, however, order expendi- tures from the utilities fund for any utility even though that utility has no credit in the utilities fund, provided only that the balance in the utilities fund is greater than the proposed expenditure. (As Amended, 1967 Stat- utes, Senate Concurrent Resolution 35; Chapter 61; Amendment ratified 11-4-80; Amended by electors at an election held November 8, 2023, Charter Chapter 18 of the State Statutes of 2023)

Section 805 Finance and Tax Authority

805.1 Taxes, Assessments and Fees. Subject to and as authorized by all Applicable Laws, the City, with the approval of the City Council, shall have power to levy and collect taxes, either for regulation or revenue generating purposes, and impose assessments and fees to recover the costs of providing City services.

The City may also charge rents and/or fees for the use of City property at market or negotiated rates, or for other purposes that may be unrelated to costs recovery.

Sec. 1309
Bonded debt limit.
805.2 Issuance of Debt. Subject to and as authorized by all Applicable Laws, the City, with the approval of the City Council, shall have the power and authority to issue debt to finance City operations, programs, facilities and infrastructure. Types of allowed debt financing include, without limitation: general obligation bonds, lease revenue bonds, utility revenue bonds, certifications of participation, letters of credit, infrastructure and maintenance bonds, and other similar finance mechanisms consistent with best practices.

The City Council reserves the right by ordinance or resolution, to implement specific local policies and procedures for the issuance of debt.

805.3 Limits on Indebtedness. The bonded indebtedness of the City may not in the aggregate exceed the sum of fifteen percent (15%) of the total assessed valuation of real and personal property within the City. For purposes of this Section, “bonded indebtedness” means general obligation bond indebtedness of the City payable from the proceeds of Ad Valorem Property Taxes levied upon taxable real and personal property within the City., exclusive of revenue bonds or any indebtedness that has been or may hereafter be incurred for the purposes of acquiring, constructing, extending, or maintaining municipally owned utilities, for which purposes a further indebtedness may be incurred by the issuance of bonds, subject only to the provisions of the State Constitution and of this Charter.

805.4 Special Rules for Financing of a Nuclear Plant Tthis Ssection 805 (e) does not authorize the financing of a nuclear plant, or an interest therein, unless approved by an electionthe voters. (Amendment ratified 11-3-81)

805.5 Special Rules for Revenue Bonds.

a. In General. The City, by resolution of the City Council, shall have power to issue revenue bonds, notes or other indebtedness (“Revenue Bonds”) to finance or refinance the acquisition or construction of revenue-producing property, improvements and facilities related to any City utility enterprise.

b. Applicable Procedures. The City Council may use procedures authorized by Applicable Law for the issuance and sale of Revenue Bonds or, by ordinance or resolution, approve and apply its own rules for the issuance and sale of Revenue Bonds.

Commented [GG212]: Level Two
(deletion of outdated provisions)

Per Finance Director, this amount is way too small for
our electric utility, but way to high for other utility operations. Proposing to replace (see above) with a
reference to the reserve account standards set forth in Section 801.3, above.

The next Section is also proposed for deletion as outdated and inconsistent with current/best practices.

Commented [GG213]: Level Two
(update to align with current/best practices)

These Sections were reviewed with Finance, Bond Counsel, and special finance counsel, with the overall objective to allow City to tax and finance in all ways available to Charter and General Law cities, but without deleting any clearly intended limitations reserved to the voters under State Law, or restricted by the City’s voters in the existing Charter language.

Commented [GG214]: Level Two
(update/add provisions to educate/fill in gaps/provide
context)

This is a statement of current law.

Commented [GG215]: Level Two
(update to align with current/best practices)

This Section is intended to reflect the City’s broad authority to issue debt per existing law and best practices. Local implementation language suggested by outside counsel in case a finance opportunity or limitation arises that the City needs to address.

Commented [GG216]: Level Two
(updates to align with applicable law/best practices)

This provision retains the limits imposed by Government Code Section 43605 on general law cities in California.

Although a charter city could modify this requirement,
this is an accepted “best practice” and City staff is not recommending any modification. Given City property
values, this 15% limit on debt has not been and is not
expected to be, an impediment to the City’s ability to
issue debt.

Commented [GG217]: Although it could be argued this
limit is outdated, because ownership/use of nuclear power is a highly sensitive area, and SVP has indicated not urgent need to finance any such access to nuclear power, the CRC has recommended to keep this limitation in place.

Commented [GG218]: Level Two
(update language to align with current/best practices)

This new Section 805.6 is proposed by bond counsel to
replace the outdated language in current Section 1321,
below.

This new Section is consistent with current/best practices.

It would allow the City to issue revenue bonds to finance utility infrastructure by City Council resolution without the requirement for voter approval. The rationale for
this is that revenue bond debt is not like general fund debt that relies on taxes for repayment (the type of debt where voter approval is required) as the only pledge for repayment of the bonds are utility revenues. Many other ... [23] -
-
-
Charter-61 (Revised 7/23)
c. Limited Obligations. The obligation represented by any issuance of Revenue Bonds shall be a charge upon, and payable solely from, the revenues derived by, and other legally sources of funds available to, the applicable City utility enterprise for which such revenue bonds are issued. No revenue bonds shall be deemed to constitute a debt or liability of the City or a pledge of the faith and credit of the City, or shall be a charge, lien, encumbrance, legal or equitable, upon, nor shall any recourse on account thereof be had against, any other revenues or funds of the City. Neither the credit nor the taxing power of the City shall be deemed to be pledged to, or charged with, the payment of the obligation represented by any revenue bonds, nor shall the holder of any revenue bonds have any right to compel the exercise of any taxing power of the City.

d. No Voter Approval Required. Provided that Revenue Bonds are issued in compliance with the terms of this Section 805.5, this Section such be the complete authority necessary for the issuance of Revenue Bonds by the City and such issuance shall not require approval by the voters of the City.

805.6 Voter Approval Required. Whenever Applicable Law requires voter approval for any actions contemplated by this Section, the City shall seek and obtain such voter approval in advance of taking any such action.

Sec. 1321 Revenue bonds.

(a) The City Council, when authorized at an election as hereinafter provided, shall have power to issue rev- enue bonds for the purposes authorized by the general laws of the State of California including the issuance of refunding revenue bonds and also shall have power to borrow money and incur indebtedness for any and all revenue producing works, undertakings, enterprises and utilities (hereinafter in this section referred to as “works”) to the end that, as far as practicable, all such works shall be self sustaining and shall be paid for directly out of the revenues therefrom. Such works may be financed through the issuance of revenue bonds.

(b) Neither such revenue bonds, nor the interest accruing thereon, shall be, or evidence, indebtedness of the City. Such revenue bonds, and the interest accruing thereon, shall be a charge solely upon such of the rev- enues of the works on account of which they are issued as by the terms of their issuance are so charged there- with, but shall not be a charge, lien or encumbrance, legal or equitable, upon, nor shall any recourse on account thereof be had against any income, receipts, revenues, funds, or property of the City, other than such charge upon such revenues of the work on account of which they are issued, and neither the credit nor the tax- ing power of the City shall be deemed to be pledged to, or charged with, such payment, nor shall the holder of any such bond have any right to compel the exercise of such taxing power.

(c) The City Council may avail itself of any of the procedures now or hereafter authorized by the general laws of the State of California for the issuance of revenue bonds or the City Council may, by ordinance or res- olution effective upon adoption set up and establish a procedure for the issuance of such revenue bonds, the calling and holding of elections therefor, and all matters pertaining to the issuance and sale of such bonds; pro- vided, however, that the issuance of said revenue bonds shall be submitted to the electors at an election and the votes of a majority of all those voting on the proposition shall be required to authorize the issuance of the bonds.

(d) Nothing in this section or elsewhere in this Charter, shall preclude the issuance, when authorized by two-thirds vote of the duly qualified electors of the City voting upon the proposition, of bonds of the City, for the purposes of any works, pursuant to proceedings therefor taken in accordance with the Constitution and general laws of the State. It is nevertheless the intention of this Charter that all principal and interest accruing on such bonds of the City if any, shall be provided currently out of the revenue fund pertaining to the works on account of which such bonds of the City shall have been issued, so far as it is practicable to make such pro- visions after the payment of all costs of operation and maintenance of said works and of all principal and inter- est on revenue bonds of the City issued on account of said works, and that so far as such current provision is not practicable, the general funds of the City shall be reimbursed out of said revenue fund, as soon as practi- cable, for all moneys paid from such general funds on account of such bonds of the City.

(e) The City Council shall have power to issue revenue bonds to finance the generation, production, trans- mission and distribution of electric energy, including the acquisition and/or construction of lands and facilities Commented [GG219]: Note: to accommodate the
addition of new Sections 805.4 and 805.5, this Section
(previously numbered 805.4) has been moved here and
renumbered 805.6
r
I
I I
I I
I
I I
I
~

I I ---
Charter-62 (Revised 7/23)
Santa Clara City Code Sec. 1800

therefore, without authorization at an election. The City Council may avail itself of the procedures now or here- after authorized by the general laws of the State of California for the issuance of such revenue bonds or the City Council may, by ordinance or resolution effective upon adoption, set up and establish a procedure for the issuance of such revenue bonds and all matters pertaining to the issuance and sale of such bonds. This section (e) does not authorize the financing of a nuclear plant, or an interest therein, unless approved by an election. (Amendment ratified 11-3-81)

Article XIV. Franchises

Sec. 1400 Procedure; terms.

The City Council may by ordinance provide a procedure for the granting of franchises or grant franchises pur- suant to the procedure provided by the State law. Franchises may be granted for the use by any public utility of the streets, public places or property of the City upon such terms, conditions, restrictions and limitations as may be prescribed by ordinance, but no franchise shall be granted without reserving to the City adequate com- pensation for the privilege conferred. Such franchises may be granted either for a fixed or an indeterminate period.

Article XV. Reserved

Code reviser’s note: At an election held on November 7, 1972, the electors repealed former Art. XV, section 1500 - 1505, pertaining to the police court. Said former article was adopted by the electors at an election held on April 2, 1951, and approved by the State legislature on April 25, 1951. The repeal of said Art. XV was approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10).

Article XVI. Reserved

Code reviser’s note: At an election held on November 7, 1972, the electors repealed former Art. XVI, section 1600, pertaining to the school department. Said former article was adopted by the electors at an election held on April 2, 1951, and approved by the State legislature on April 25, 1951, and amended by the State legisla- ture (1957 Stats., p. 4459).

The repeal of said Art. XVI was approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10).

Article XVII. Reserved Powers, State Election Code and Amendments to State Elections Code Sec. 1700 Reserved powers.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1701 State Elections Code.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1702 Amendments to State Elections Code.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Article Nine XVIII.

Miscellaneous and Legal Provisions

Sec. 1800
Section 900 DefinitionsMandatory and Permissive.

Unless the provision or the context otherwise requires, as used in the Charter :
(a) “sShall” and “must” are is mandatory, and “may” is permissive.

Commented [GG220]: Level One
(moved consistent with proposed reorganization)

Moved and revised (with minor changes) to new Section
802.3, above.

Commented [GG221]: Level One
(clean up and elimination of headings from previously
deleted sections
Commented [GG222]: Level Two
(updates Proposed changes to add clarity, fill gaps and to align with current/best practices)

This Section improve language and add helpful “boilerplate” provisions
I I
I
-I I
I ~-----~
---------- ~----
-
-
I
Charter-63 (Revised 7/23)
Sec. 1801

(b) “City” is the City of Santa Clara and “department,” “board,” “commission,” “agency,” or “employee,” is a department, board, commission, agency, officer or employee as the case may be, of the City of Santa Clara.

The masculine and feminine gender include the neuter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)

Sec. 1317
Section 901 Legal Actions Aagainst the City.

No suit or action for money or damages of any kind , whether sounding in tort, contract or some other theory, may be brought against the City, and City agency or enterprise, or any Elected Officer, Board or Commission Member, board, commission, agency or officer, agent or employee thereof (collectively, “City Entities and Persons”), until a claim has been filed with the City by service upon the Office of the City Clerk, in the manner established by City ordinance, and either the City acts on the claim or it is deemed denied by operation of law. The procedures prescribed by State Law shall apply to the presentation, consideration and enforcement of claims against the City or its officers, agents and employeesCity Entities and Persons . Claims for money or damages which are exceptedexempt from or not covered by State Law may be governed by the procedures established by City ordinance.

Sec. 18 01
Section 902 Violations; Enforcement.

902.1 Charter Violations. Depending upon the severity of the offense, as determined in the discretion of the prosecuting authority, Tthe violation of any provision of this Charter shall may be prosecuted as deemed a misdemeanor and be punishable upon convic- tion by a fine of not exceeding one thousand dollars ($1,000.00) or by imprisonment for a term of not exceeding one year or by bothor as an infraction, subject to associated fines and/or imprisonment as provided under State law for such offenses such fine and imprisonment. If an Elected Official is convicted of a misdemeanor for violation of this Charter, such official shall also be deemed to have forfeited their elected office as provided in Section 205.1(2), above.

902.2 Prosecuting Authority. The prosecuting authority with respect to violations of this Charter, shall be the District Attorney for Santa Clara County. If the District Attorney is not available or declines to perform this role, the City Attorney shall deputize and appoint from outside the City Attorney’s Office a qualified special Deputy City Attorney to perform such function.

901.3 Other Violations of Local Law. Any other act or omission that the City Council desires to be prosecuted as a misdemeanor or infraction must be prescribed by ordinance.

Sec. 18 02 Validity
Section 903 Severability .

If any provisions of this Charter is held to be illegal, invalid or unenforceable, either on its face or in its the application thereof to any person or circumstance is held invalid, the remainder of the Charter shall not be affected by such holding and shall remain in full force and effect. Further, any holding of invalidity or unenforceability made with respect to a particular person or circumstance, shall be limited to that particular person or circumstance. and the application of such provision to other persons or circumstances, shall not be affected thereby.

Sec. 1803 Effective date.

For the purpose of nominating and electing members of the City Council, this Charter shall take effect from the time of its approval by the legislature. For all other purposes it shall take effect on the Tuesday next suc- ceeding the date of election of the first City Council at 8:00 P.M.

Sec. 815
Commented [GG223]: Level One
This short list has been replaced by a long definitions list, below.

Commented [GG224]: Level One
(delete no longer needed provisions)
No longer needed, because changes made already implement gender neutralization
Commented [GG225]: Level Two
(update to align with current law/best practices)

For Charter violations, this Section has been updated to allow for a range of outcomes, depending upon the
perpetrator and the severity of the violation, and to
provide for who enforces.

As proposed, given an almost certain conflict of interest in prosecuting a Council member or senior official, the City Attorney has been replaced as the Charter’s
prosecuting authority with the DA or special counsel.

Added language also makes it explicit that a
Councilmember convicted of a misdemeanor involving
“Councilmanic Interference” or other Charter violation
would forfeit their office.

Group One and the CRC were supportive of these
clarifications, but recognized the concern that
enforcement of the Charter could be (and always could
be even before any proposed changes) “politicized”.

Proposed changes are intended to mitigate that risk by
contemplating a range of enforcement outcomes based on
severity of conduct and prosecutorial discretion.

Commented [GG226]: Level Two
(rewording to add clarity)

Improved wording without substantive changes
Commented [GG227]: Level One
(reorganization)
Proposed for deletion because already addressed in Section 104, above
-
-
------
--
Charter-64 (Revised 7/23)
Section 904 Publicationshing of Llegal Nnotices.

904.1 Newspaper Publication. Whenever legal notice is required to be published under the provisions of Applicable Law, the City shall cause such publication to occur in a The City Council shall by resolution designate one or more newspapers of general circulation in the City of Santa Clara designated by the City Council. as official newspaper for the publication of any legal notice or other matter required to be pub- lished in a newspaper of general circulation in said City. If no such newspaper exists, or the rates charged for publication are not reasonably aligned with market rates, it appears to the City Council that the rates offered are unfair, it need not designate an official newspaper. Upon making a finding to such effect, or if publication of newspapers which have been so designated are suspended, then legal notices, ordinances or other matter required to be published in an official newspaper may be published as otherwise allowed under Applicable Law. by posting copies thereof in at least three public places in the City. The places for posting of legal notices shall be fixed by ordinance of the City Council.

904.2 Additional Notice Required. Whenever legal notice is required to be published under the provisions of this Charter or Applicable Law, the City shall also provide such notice electronically in accordance with a policy approved by the City Council designed to make use of modern technologies to maximize the reach of any required notice to those that have expressed interest in or are likely to be impacted by the subject matter of such notice.

904.3 Substantial Conformance. No defect or irregularity in proceedings taken under this Ssection, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity substantial conformance with this Charter, or Applicable Law.law, or ordi- nance.

Section 905 Laws in Effect Pending Enactment of Ordinances.

Pending the enactment of any ordinance or policy required or contemplated under the terms of this Charter, existing Local Laws shall govern. To the extent there are no applicable Local Laws in these areas, General City Laws shall apply, but only to the extent consistent with the terms of this Charter.

Section 906 City Clerk Authority to Make Minor Corrections.

The City Clerk shall be authorized to make minor modifications to the Charter to correct typographical errors or to make other similar non-substantive corrections subject to ratification by the City Council and approval as to form by the City Attorney.

Sec. 912
Section 907 Official Oaths of Ooffice.

Each member of the City Council , Elected Official, of every member of a City Bboard and Ccommission, and each officer City Council appointed official, and each and department head, before entering upon the discharge of the duties of his/her the office shall take, subscribe to and file with the City- Clerk the following oath of affirmationoffice: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.” (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statues of 2000)

Section 908 Definitions.

Capitalized terms used in this Charter shall have the meanings ascribed thereto in this Section. To the extent of any conflict between the definitions of capitalized terms provided in this Section and any other common understandings or definitions of such capitalized terms, the definitions in this Section shall govern.

Commented [GG228]: Level Two
(updated wording to improve clarity/alignment with state law)

This updated language aligns with State Law, with the
addition of electronic noticing in 904.2.

The additional notice requirement requires a City policy to expand its noticing when legal notice is required to maximize the reach of such noticing. This will require the creation of a new City Council policy.

904.3 adds the concept of “substantial conformance” as
being adequate for noticing purposes.

The requirements for what constitutes a newspaper of
general circulation are contained in Government Code
6000 and 6008.

Commented [GG229]: Per suggestion of CRC
subcommittee the word “modern” is proposed to replace
“the latest available”
Commented [GG230]: Level Two
Language addresses what rules apply pending enactment
of Charter contemplated or required ordinances or
policies.

Commented [GG231]: Level Two
A good provision in case we missed something in a defined term or a Section cross reference, misspelled or wrong word (e.g., “of” instead of “if”), etc.

Commented [GG232]: Level One
(reorganization and minor language updates)

Moved here from old Section 912
Commented [GG233]: Level Two
(addition of defined terms to improve clarity)

The Definitions list that follows is still “under
construction” and will continue to be refined as we work towards a FINAL document for placement on the ballot.

Also under development is the proposed
Appendix/Matrix that will include the history of all
changes to each Section, including references to old
Section numbers, and an additional column referring to
any implementing City Code provisions.
- L- IL__ _________ _
-
I I
1 -
1 -
- L-
1 -- -- -
-
Charter-65 (Revised 7/23)

Definitions

 Administrative Code — The City’s organizational and operational details, adopted by ordinance and set forth in one or more articles within the City Code. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Applicable Laws – any and all applicable federal, state, and local laws, ordinances, policies, regulations, rules, orders, judgments or decrees.
 Appointed Officer — Each of the City Manager, City Attorney, and City Auditor. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Appointed Officers — Collectively, the City Manager, City Attorney, and City Auditor. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Appropriated - allocated for a specific purpose or project within the applicable fiscal year(s) budget. Or could we just say “committed” and avoid this term altogether?  Boards and Commission Members — The collective term for the members of City Boards and Commissions. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Brown Act — The Ralph M. Brown Act, California Government Code sections identified in the draft as governing City Council meetings and prevailing over conflicting Charter meeting provisions. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Chair — The member elected by a board or commission to serve as its presiding officer for that year. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Charter – The rules for the governance and operations of the City approved by the voters of the City. This defined term first appears on the Preamble.
 Chartered Boards and Commissions — The Planning Commission, Parks and Recreation Commission, Board of Library Trustees, Civil Service Commission, and Salary Setting Commission. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 City — The City of Santa Clara , California. . This definitiondefined term first appears in both Section 100. and Section 1800.
 City Boards and Commissions — The collective term used when Charter provisions are intended to apply to both Chartered Boards and Commissions and City Council Created Boards and Commissions. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  City Council – the elected policy making board of the City comprised of the Mayor and the six District Council Members. This defined term first appears in Section 102.1.  City Council District — One of the six designated geographic districts from which the six non-mayoral Council Members are elected. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  City Council Districts — Collectively, the six designated geographic districts for district-based Council elections. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  City Elected Officials — The Mayor, City Council Members, Chief of Police, and City Clerk . , for purposes of Salary Setting Commission authority over compensation. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Council Created Boards and Commissions — Additional boards, commissions, or committees the City Council may create by ordinance or resolution, with powers and duties consistent with the Charter. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Council-Manager — The form of government in which the City Council is responsible for lawmaking and major policy decisions, and a professional manager appointed by the Council implements policy and manages day-to-day operations. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Declaration of Vacancy — The resolution adopted by the City Council declaring the existence of a vacancy in an elected office. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Dedicated Parklands — The Ulistac Natural Area, the Santa Clara Youth Soccer Park, and any other City- owned or City-controlled real property currently or later listed by ordinance in the General Plan park inventory identified in the Charter. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Department Heads — All department heads or division leaders of the City who are not elected or appointed by the City Council and instead are appointed by the City Manager. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 District — Each geographic City Council district for district-elected Council Members. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Districts — Collectively, the geographic City Council districts for district-elected Council Members. City Commented [CM234]: As of July 1, 2026 - Definitions
still under review for refinement by the City Attorney’s Office
I I
I
-
-
-
Charter-66 (Revised 7/23)
Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Effective Date — The date on which the Measure amendments went into effect upon filing with the Secretary of State.; the exact date is still blank in the draft. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Elected Officials — The Mayor, six City Council Members, the Chief of Police, and the City Clerk. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Elections Official — The role the City Clerk serves under the Charter and State Elections Law. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Event of Vacancy — A vacancy event provided in Charter Section 205; the draft uses the term by cross- reference rather than giving it a separate stand-alone definitional sentence.  General City Laws — Laws only State Laws only applicable to general law cities and not charter cities unless such charter cities choose to have them apply. This defined term first appears in Section 102.2 under State law. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  General Municipal Election of the City — The City’s regular election held the first Tuesday following the first Monday in November of even-numbered years. The draft text appears to contain punctuation/quotation glitches, but this is the term and definition as framed there. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Implementing Ordinance — The City’s implementing Public Works ordinance establishing required procurement rules and, if adopted, standards for alternative procurement methods.  Lifetime Term Limit — The rule that a person elected as a City Council Mmember or as Mayor may not serve more than two full terms in that position in their lifetime, subject to the counting rules and carve-outs stated in Section 203.2. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Local Laws — City ordinances, regulations, or policies adopted under the authority of the Charter. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdfThis defined term first appears in Section 102.2.
 Major Public Works — Contracts Public Works projects costing more than above the stated threshold$250,000 and subject to City Council approval. , for construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks, and playgrounds, excluding maintenance and repair; the dollar threshold is still blank in the draft.
 Major Public Works Projects — Projects costing greater than the stated dollar threshold and subject to City Council approval; the threshold amount is still blank in the draft.  Mandatory Redistricting — The required redistricting process using data from each decennial federal census.  Measure __ Amendments. — The Charter amendments approved by City voters at the November 3, 2026 City Election. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Minor Public Works Projects — Projects costing less than $250,000 the stated threshold amount or less and subject to City Manager approval; the threshold amount is still blank in the draft.  Mminutes Rresolution — An oral motion or order duly passed by the City Council and entered in the minutes, having the same force and effect as a written resolution and deemed a resolution for all purposes.  Notice of Proposed Ordinance Adoption — The notice prepared by the City Clerk’s Office for each proposed ordinance, containing the ordinance title, introduction date, brief summary, and statement that the full text is available at the Clerk’s Office and on the City website. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Official Newspaper — One or more newspapers of general circulation in the City of Santa Clara designated by resolution of the City Council for publication of legal notices and other matters required to be published in a newspaper of general circulation.
 Public Work — Each contractA project for the construction, reconstruction, renovation, alteration, improvement, or demolition of public buildings, streets, drains, sewers, utilities, parks, playgrounds, and similar public facilities . under Option A of the draft procurement language. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Public Works — Collectively, projects for the construction, reconstruction, renovation, alteration, improvement, or demolition of public buildings, streets, drains, sewers, utilities, parks, playgrounds, and similar public facilities. the public work categories described in the draft procurement section; under Option A, routine maintenance and repair are excluded. City Charter MASTER DRAFT with Proposed Revisions and Notes

4.21.26.pdf
 Qualified Elector — A registered voter of the City. Status is determined by the Santa Clara County Registrar of Voters. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Qualified Electors — The Charter uses this plural form for the City electorate in provisions such as initiative, referendum, recall, and voter approvals. It is the plural application of “Qualified Elector.”  Registrar — The County Registrar of Voters, which administers City Elections with the City Clerk, in Charter-67 (Revised 7/23)
consultation with the Senior Clerk Appointed OfficialAssistant City Clerk . City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 Resident — A resident of the City for elected-official qualification purposes; whether a person is a Resident is determined in accordance with State law. City Charter MASTER DRAFT with Proposed Revisions and Notes

4.21.26.pdf
 ROV — The Santa Clara County Registrar of Voters. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
Senior Clerk Appointed Official — The senior appointed official in the City Clerk’s office with whom the City Clerk consults regarding Charter election duties; if an incumbent City Clerk is running for re-election, this official administers matters relating to that City Clerk election.  Department HeadsSenior Officials — All department heads or division leaders of the City who are not elected or appointed by the City Council and instead are appointed by the City Manager. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.
 Shall — Mandatory. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Special Municipal Elections — Any municipal elections other than the regular election, called under the authority of the Charter or the State Elections Code. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 State — The State of California. City. This defined term first appears in Section 100. Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf
 State Constitution –- The Cconstitution of the State of California, approved by the voters, and part of State Law and Applicable Laws. This defined term first appears in Section 102.1.  State Law – The laws of the State of California, including, without limitation the State Constitution, State statutes, regulations, and case law. This defined term first appears in Section 101.  Total Compensation — Salary and benefits.
 Treasurer — The role the Director of Finance serves in, where required in the City’s financial dealings, including public financing. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf  Vacant — A City board or commission seat is considered vacant upon an Event of Vacancy under Section 205, and also when a member is absent from three consecutive regular meetings without an excuse reflected in official minutes and the City Council declares the position vacant.