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 dismissed only by the entire council, not one individual, such as a mayor or chairperson. [10]
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:
Qualifications of sheriff: Gov Code 24004.3
(a) No person is eligible to become a candidate for the office of sheriff in any county unless, at the time of the final filing date for election, he or she meets one of the following criteria:
(1) An active or inactive advanced certificate issued by the Commission on Peace Officer Standards and Training. (2) One year of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing, and possesses a master's degree from an accredited college or university. (3) Two years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing, and possesses a bachelor's degree from an accredited college or university. (4) Three years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing, and possesses an associate in arts or associate in science degree, or the equivalent, from an accredited college. (5) Four years of full-time, salaried law enforcement experience within the provisions of Section 830.1 or 830.2 of the Penal Code at least a portion of which shall have been accomplished within five years prior to the date of filing, -
and possesses a high school diploma or the equivalent.
From the POST website:
Basic Certificate
The Basic Certificate is awarded, as defined in Commission Regulation 1202(external link) to currently full-time peace officers of a POST-participating agency who possess a valid POE, have satisfactorily completed the prerequisite Basic Course requirement, and the employing agency’s probationary period of not less than 12 months.
Intermediate Certificate
The Intermediate Certificate is awarded, as defined in Commission Regulation 1202(external link) to currently employed full-time peace officers of a POST-participating agency who possess a Basic Certificate and who have acquired the specified training and education points and/or college degree and the prescribed years of law enforcement experience.
Advanced Certificate
The Advanced Certificate is awarded, as defined in Commission Regulation 1202(external link) to currently employed full-time peace officers of a POST-participating agency who possess an Intermediate Certificate and who have acquired the specified training and education points and/or college degree and the prescribed years of law enforcement experience.
Supervisory Certificate
The Supervisory Certificate is awarded, as defined in Commission Regulation 1202(external link) to currently employed full-time peace officers of a POST-participating agency who possess or are eligible to possess an Intermediate Certificate, have earned a minimum of 60 semester units at an accredited college, served for a period of at least two years as a permanent first-level supervisor or higher in law enforcement, and have completed the POST Supervisory Course.
Management Certificate
The Management Certificate is awarded, as defined in Commission Regulation 1202(external link) to currently employed full-time peace officers of a POST-participating agency who possess or are eligible to possess an Advanced Certificate, have earned a minimum of 60 semester units at an accredited college, served for a period of at least two years as a permanent middle manager or higher in law enforcement, and have completed the POST Management Course.
Executive Certificate
The Executive Certificate is awarded, as defined in Commission Regulation 1202(external link) to currently employed full-time peace officers of a POST-participating agency who possess or are eligible to possess an Advanced Certificate, have earned a minimum of 60 semester units at an accredited college, served for a period of at least two years as a permanent agency head with their current employing law enforcement agency, and have completed the POST Executive Development Course
(8) Applicants for Management Certificate Award shall:
(A) Satisfy the requirements specified in subsection 1202(c)(1), (B) Possess or be eligible to possess an Advanced Certificate, (C) Complete a minimum of 60 semester units from an accredited college or university or possess an accredited degree (i.e., AA, BA, MA, etc.),
(D) Successfully complete the POST Management Course, and (E) Possess a minimum of two years of law enforcement experience as a permanent middle manager or higher. Except for appointments to the rank of Acting Chief, intermittent or acting appointments do not count toward eligibility for the Management certificate.
Possible additional considerations and alternatives include: (1) replace this with a simple statement of achieved the rank of Lieutenant with two years in that position; (2) adding requirement that if the POST system is still in place, that they shall obtain the certificate within, say, six months after assuming office.
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 prosecuted for this as a criminal Charter violation resulting in removal, it was agreed that this standard be presented as an “expectation” as opposed to an obligation.
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 a violation of this Section be treated within the general “Violations; Enforcement” Section (902), below.
The sentence added making any such action void has been added to emphasize the importance of this limitation on City Council authority.
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 defraud is an essential element constitutes a crime involving moral turpitude ( In re Hallinan, 43 Cal.2d 243 (1954))[3]. The related group of offenses involving intentional dishonesty for purposes of personal gain are also crimes involving moral turpitude ( In re Hallinan, 43 Cal.2d 243 (1954))[3], ( Matanky v. Board of Medical Examiners, 79 Cal.App.3d 293 (1978))[4]. Moral turpitude is not limited to dishonesty but extends to crimes involving other sorts of moral depravity and a "readiness to do evil," such as child molestation and crimes of violence, torture, or brutality ( People v. Castro, 38 Cal.3d 301 (1985))[5].
Moral Turpitude: See Elections Code 20: (a) A person shall not be considered a candidate for, and is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes.
(b) For purposes of this section, “conviction of a felony” includes a conviction of a felony in this state and a conviction under the laws of any other state, the United States, or any foreign government or country of a crime that, if committed in this state, would be a felony, and for which the person has not received a pardon from the Governor of this state, the governor or other officer authorized to grant pardons in another state, the President of the United States, or the officer of the foreign government or country authorized to grant pardons in that foreign jurisdiction.
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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 well, especially since it could be a basis for removal from office. This proposed update will be presented to Council at the July 7 th meeting.
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 elections official misconduct, material vote counting errors, or the casting of illegal votes. Section 16100(b) also provides for an election challenge based on a determination that a person elected was not, at the time of the election, eligible to hold office. Under Section 16401(d) a statement of such challenge must be filed with the superior court within 30 days after the City’s certification of the subject election.
Quo Warranto. A quo warranto action must either be initiated by the City Council or be initiated or authorized by the State Attorney General. A quo warranto action doesn’t relate to the election itself, but to the qualifications of a party to run for or hold a public office under applicable law. Applicable laws include federal, state or local laws, which would include the City’s own Charter requirements. Quo warranto actions can be initiated at any time during the tenure of an elected official. Either form of elections challenge, whether under the Elections Code or a quo warranto proceeding, may be initiated by the City Council itself or an individual “elector” within the City; provided, however, as discussed above, any proposed quo warranto action by an individual elector must first be approved by the Attorney General.”
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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 Administrative Law § 139)[4], (45 Cal. Jur. 3d Municipalities § 317)[5]. Additionally, the Brown Act differentiates between adjournment—ending a meeting with intent to resume the agenda later—and continuance, which involves continuing specific agenda items to a subsequent meeting, with associated posting requirements for notices if the continuance occurs within 24 hours (California Practice Guide: Administrative Law Ch. 28-L )[3].
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 the bracketed special meeting reference were to be deleted.
Brown Act requirement is as follows:
Regular meetings must be held at least monthly on a schedule fixed by ordinance or resolution, with agendas posted at least 72 hours prior containing a brief general description of business items, including closed session topics.
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 location requirement that applies to both types of meetings. However, the statute provides several specific exceptions that allow meetings to be held outside the jurisdiction, including to comply with state or federal law or court orders, attend judicial or administrative proceedings to which the agency is a party, inspect real or personal property that cannot be conveniently brought within the boundaries, participate in meetings of multiagency significance (which must still occur within one of the participating agencies' jurisdictions and be properly noticed), meet in the closest meeting facility if the agency has no suitable facilities or offices within its boundaries, meet with elected or appointed federal or state officials when a local meeting would be impractical, or meet outside the jurisdiction in the event of an emergency ( West's Ann.Cal.Gov.Code § 54954 )[1].
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 -
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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, providin g 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 own requirements for official bonds as part of their municipal affairs.
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.
Consideration was given to building in some definition structure here, but doesn’t seem necessary. More important to distinguish what rules apply to what boards, commissions (and/or committees) and updated language in this Article Six does that. Also, note the proposed addition of new Section 605, below, regarding “committees”
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 702) to this Article. See new Section 604.5, below for Level Two changes.
Level Two
(alignment with current standards)
Here are the current Code Sections for both Charter created and City Council created Boards and Commissions.
Revised language requires any further implementing details be approved by ordinance (not resolution)
§ 2.120.010Names, membership, qualifications and terms of office.
There shall be and there is established within the City the following boards, commissions, and committees:
(a) Planning Commission. (SCCC § 2.120.050)
(b) Parks and Recreation Commission. (SCCC § 2.120.060) -
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(c) Civil Service Commission. (SCCC § 2.120.070)
d) Board of Library Trustees. (SCCC § 2.120.080)
(e) Historical and Landmarks Commission. (SCCC § 2.120.100) (f) Senior Advisory Commission. (SCCC § 2.120.110)
(g) Youth Commission. (SCCC § 2.120.130)
(h) Cultural Commission. (SCCC § 2.120.140)
(i) International Exchange Commission. (SCCC § 2.120.150) (j) Housing Commission. (SCCC § 2.120.160)
(k) Bicycle and Pedestrian Advisory Committee. (SCCC § 2.120.170) All members of boards, commissions, and committees, except for members of the Youth Commission and Bicycle and Pedestrian Advisory Committee, shall be eighteen (18) years of age or older and residents of the City. All members of boards and commissions established by City Charter (i.e., Planning Commission, Parks and Recreation Commission, Civil Service Commission and Board of Library Trustees) shall also be qualified electors of the City.
§ 2.120.020Powers and duties generally.
The boards and commissions of the City shall have the following general powers, duties and responsibilities in addition to those set forth in Article X of the Charter:
(a) To establish rules and regulations governing the election of their officers, the holding of meetings and the conduct of business.
(b) To utilize all appropriate techniques in crystallizing and testing public sentiment on major public issues in their respective fields.
(c) To make budget recommendations.
(d) To hold official hearings as required by law or requested by the City Council. (e) To advise and recommend on City policies and procedures pertinent to their respective activities and functions. (f) To support and adhere to all City policies promulgated by the City Council and to establish needed interim policies in the absence of the same.
(g) To provide information and promote good public relations between the City and the general public. (h) To receive at least two hours of training in general ethics principles and ethics laws relevant to their public service every two years, as required by state law and the City Council. (i) To perform such other related functions as may be assigned to them by the City Council.
§ 2.120.030Meetings.
Each board or commission of the City with members thereon appointed by the City Council shall hold regular meetings at the times and on the days indicated by resolution of the City Council except when such day falls on a City holiday, and shall hold such special meetings as it may require. The times and days for holding regular meetings are subject to amendment from time to time by resolution of the City Council. A copy of the applicable resolution(s) is and will be available for public inspection in the office of the City Clerk.
§ 2.120.040Utilization of City personnel.
The various boards and commissions may utilize the services of the appropriate City departmental personnel in carrying out their respective functions, subject to the administrative control of the City Manager. (Ord. 947; Formerly § 2-92)Here
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 requirement of an Ethics Commission. They ultimately decided (and the full CRC concurred) that while this could be suggested as a Level 4 idea for a future CRC, they were not going to recommend at this time as part of the Charter project. Their decision was based, among other things on the following:
--This is a matter currently being discussed at the City Council Governance and Ethics Committee, including possible terms for a formal Commission, and alternatives to this to reinforce ethics duties and accountability, are under discussion.
--The inclusion of this in the Charter amendment would present challenges as it would, in effect, proposed to “decide” the issue before that full analysis is complete. --Inquiry was made regarding Chula Vista which has a Board of Ethics, but its not mentioned or requred in the City Charter. GRG’s experience there was shared, but pointed out that the details of any such proposal matter, and the pros and cons of this could not be fully analyzed by the CRC as part of this project. CV also has a “standing” Charter Review Commission, but that isn’t mentioned in their Charter either. —Also concern about this being a form of “restructuring” of govt. (by adding a signficant new board), and was an area that could be viewed as controversial, thereby distracting from other more doable proposals.
Level One
(existing language moved and updated to be more explicit without substantive change)
Qualified Elector Status. The need for “qualified elector” status as a qualification was discussed extensively in light of BOLT request that the qualified elector status requirement be removed. The Group/CRC ultimately decided that for the Charter created boards and commissions, qualified elector status and consistency were important. They also note that non-Qualified elector residents still have a lot of opportunities to serve on City Council created boards.
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) years of age or older and residents of the City. All members of boards and commissions established by City Charter (i.e., Planning Commission, Parks and Recreation Commission, Civil Service Commission and Board of Library Trustees) shall also be qualified electors of the City.”
Level Two
(addition of requirement for a policy consistent with desired/best practices)
Group Four discussed extensively options for making more transparent any decision not to reappoint or remove a board or commission member “for cause” other than the referenced “vacancy” provisions below. Ultimate decision was to require the CC to make rules that allow for appointment and removal “in an orderly and transparent” manner but not to attempt to make such rules. Charter is not place for that level of detail and CAO advised of need to balance transparency with privacy interests and interest in protecting City from liability. I.e., no board or commission member should have employee like protections for holding their position.
Section requires City Council creation of an appointment, renewal and removal policy for Boards and Commission members
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 so long as rules are consistent with the protocols or approved by the Council.
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).
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For reference, current City Code provisions provide as follows:
§ 2.120.080Board of Library Trustees. [1]
The Board of Library Trustees shall be primarily responsible for the following:
(a)
Establishing, accepting and supervising a significant public library program. (b)
Providing for balanced library collections and services which represent the diverse perspectives of the community. (c)
Making recommendations to the City Council on library policies which ensure maximum public access to library collections and services.
(d)
Serving as a central focus for citizen comment on library operations and materials and the provision of appropriate recommendations or response.
(e)
Supporting educational, recreational and cultural activities for citizens of all age groups consistent with the mission of the library program.
(f)
Representing the library program to the City, the community, other government agencies and organizations. (g)
Performing such other duties and exercising such powers as the City Council may impose or require.
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 option, five years to vest) and medical benefits (currently not offered but discussed at last Salary Setting Commission meeting.
--Benchmarking included information from 5 area cities, with most providing a medical benefit, and Sunnyvale, notably, recommending a salary increase from $38K to $72K for City Councilmembers)
Consensus not to change compensation mechanism or amount (was just changed 7 years ago to a benchmark amount with increases not to exceed 10% every two years as determined by SSC, now $30K for Mayor and $24K for City Council members), but to clarify that benefits can also be provided, including medical if SSC determines, provided that no health benefits can be converted to cash.
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 to form.
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.
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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 Charter cities (including Sunnyvale, San Diego, Los Angeles, Hayward, Oakland, Pasadena, Redwood City, Sacramento and San Francisco (with a 3/4ths vote of their supervisors)) have similar provisions. This type of debt is also allowed for general law cities, but requires majority voter approval (not the 2/3rds voter approval required by the current Charter).
The deleted provisions regarding Revenue Bonds are considered to be outdated, and limiting in ways that go beyond current state law limitations/best practices which have evolved over time. The City has been able to finance utility infrastructure using debt (for example, using certificates of participation), but this is more cumbersome and costly. Accordingly, bond counsel has proposed replacement of these provisions with the new Section 805.6.
Level Three?
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.
Charter-1 (Revised 7/23)
MASTER
WORKING
DRAFT
7/1/26
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
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Charter-2 (Revised 7/23)
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
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205.3 Term for Appointed/Elected Council Members Filling Vacancies.
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
Charter-4 (Revised 7/23)
600.1 Chartered Boards and Commissions
600.2 City Council Created Boards and Commissions.
600.3 Qualifications.
600.4 Compensation.
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 C ivil 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.
Charter-5 (Revised 7/23)
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.
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.
Charter-6 (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
Foundational Terms
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.
Section 101 City Boundaries.
The territory of the City over which it shall exercise lawful jurisdiction shall be the territory contained within its boundaries as established under State Law. City boundaries may be modified, but only in accordance with State Law requirements and procedures.
Section 102
Charter City Authority.
102.1 In General . The City, by and through its City Council and other officials, shall have and may exercise all powers lawfully available to a chartered municipal corporation in the State for the general welfare of its inhabitants which are not prohibited or otherwise limited by the Constitution of the State of California, 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.
The specification 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.
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.
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:
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a. Disposal of Public Utilities. 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 of two-thirds of the Qualified Electors voting on such proposition at a City Election. 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 Change of Use of Certain City Park Land.
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 the use of any such Dedicated Parklands be changed, abandoned or discontinued f or 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 voting at a General Municipa l Election of the City for that purpose.
2. No substantial building, construction, reconstruction or development upon or with respect to any Dedicated Parklands shall be made except as may be approved by the City Council by ordinance subject to referendum.
3. The provisions of this Section 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.
Section 103 City Council-Manager Form of Government.
The City shall be governed under what’s commonly 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.
Charter-8 (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 3, 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 Two.
Elected Officials
Section 200 In General.
The City shall have the following elected officials: the Mayor (who shall also be considered a City Council Member), six City Council M embers, one for each of the six City Council Districts (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 process es for City elections and appointments are set forth in Article Three of this Charter, below.
Section 201 Qualifications
201.1 Requirements for All Elected Officials.
a. To be an Elected Official a person must be a resident (“Resident”) and registered voter (“Qualified Elector”) of the City. District Council Members must also be Residents of their respective Council district (each a “District” and collectively “Districts”). .
b. All persons seeking to be Elected Officials must have been a Resident of the City, and, in the case of a District Council Member, of their District, commencing at least thirty (30) days immediately preceding the last day specified under 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.
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201.2 Special Requirements for the Chief of Police.
In addition to the requirements for all Elected Officials set forth in Section 201.1, above, persons running for and holding the office of Chief of Police shall (1) meet the minimum eligibility and qualification requirements imposed by S tate Law 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”).
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
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 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.
5. The Mayor may make recommendations to the City Council on matters of policy and programs which require City Council decision;
6. The Mayor may also, on their own account, inform the community on matters of policy or program which the Mayor believes the welfare of the community make necessary.
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.
Charter-10 (Revised 7/23)
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 the head of the executive and administrative branch of the City government as 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 the Mayor possesses as one member of the City Council.
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.
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 this Charter and Applicable 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 Boards and Commissions 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 award ing 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.
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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.
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 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 pr ivately. Any City Council ordinance or re solution that permits or takes any of the actions prohibited in this Section shall be void.
202.3 Chief of Police Powers and Duties.
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 the 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.
d. Update and advise the City Council and the City Manager, in their professional discretion, on matters relating to public safety and law enforcement.
202.4 City Clerk Powers and Duties.
a. City Clerk. The City Clerk, as an Elected Official, shall have the power and be required to:
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.
2. Be the custodian of the City sealand oversee the use of the City seal to certify official City actions and records; and
3. Administer oaths for Elected Officials , and issue req uired affirmations, and affidavits pertaining to official City business.
4. 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:
Charter-12 (Revised 7/23)
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.
2. Maintain certified copies of all ordinances and resolutions with proof of publication where required by this Charter or Applicable Law
3. Maintain copies of all written contracts and official documents;
4. Keep all such records properly indexed and open to public inspection
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
7. In the event of a Vacancy in the City Clerk’s office, the City Clerk’s extended absence or an urgen t 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.
Section 203 Terms of Office
203.1 In General. Except as otherwise provided in this Charter, an Elected Official’s term shall be for a period of four years, The Elected Official’s term shall commence on the date the City Council certifies 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 s uccessor 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 for, for more than two (2) full terms in their lifetime (“Lifetime Term Limit”) ; provided, however, no amount of Council service occurring prior to the commencement of the Council term resulting from the November 2016 election shall be counted towards this Lifetime Term Limit. 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. For the avoidance of doubt, time served as Mayor shall not treated as time served on the Council, and time served on the Council shall not be treated as time served in the office of Mayor.
b. C
hief of Police and City Clerk. There are no Lifetime Term Limits applicable to the positions of Chief of Police and City Clerk.
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 in the same election.
b. During their term, an incumbent Elected Official may run for a different Elected Official position if they are otherwise qualified to do so.
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c. At no time shall any Elected Official 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. N o incumbent 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 holds.
Section 204 Compensation.
204.1 In General. Since July 1, 2019, the salary and benefits (collectively, “ Total Compensation”) of all Elected Officials has been determined by 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.
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 for such month shall be reduced by the sum of twenty-five dollars ($25.00) for each meeting or study session not attended unless their absence is excused by action of the City Council.
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 the ir 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 a n 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;
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205.2 Process for Filling Vacancies.
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 made by a four-fifths (4/5) vote of the remaining Council Members.
b. By Election. In the event the City Council shall fail to fill a vacancy by appointment within forty-five (45) days after the City Council’s Declaration of Vacancy, the City Council shall take such steps as are necessary to 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 General Election, the person appointed to fill the vacancy shall hold office until the next General Election that is scheduled one hundred thirty (130) or more days after the date the City Council is notified of the Vacancy, 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.
Article Three
City 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. The 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. Any policies or procedures adopted by the City Council or the City Clerk to implement City elections shall be consistent with the terms of this Charter.
Section 301 Regular and Special Elections.
A regular election shall be held in the City 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 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 required by law. Each such regular election shall be known as a “General Municipal Election of the City.”. Any other City Elections that may be called under the authority of this Charter, or the State Elections Code, shall be known as a ”Special City Election”.
Any Special City Election may be consolidated with a General City Election and either type of City Election may be consolidated with any State, County, or School District election held in the City, or part thereof, in Charter-15 (Revised 7/23)
which case only one ballot shall be printed for such consolidated election. No primary election shall be held for any City Election.
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.
Section 303 City Council Members Nominated and Elected by Districts. 303.1 In General. The six District City Council Members 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 those adopted by the City of Santa Clara Independent Redistricting Commission on February 28, 2022 and implemented by Ordinance No. 2044adopted 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 be amended through the redistricting process set forth in Section 304 of this Charter, below.
303.2 Staggering of City Council District Elections. City Council District elections shall be conducted as follows:
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 elect one (1) Council Member for a four-year term; and
2. the voters of District 3 shall elect one (1) Council Member for a four-year term.
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 elect one (1) Council Member for a four-year term;
2. the voters of District 4 shall elect one (1) Council Member for a four-year term; and
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3. the voters of District 5 shall elect one (1) Council Member for a four-year term.
4. t he voters of District 6 shall elect one (1) Council Member for a four - year term.
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 Counci l shall ad opt 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 tim etable for completing the process that allows for implementation of any approved boundary adjustments for use at the first General Municipal Election of the City following the issuance of federal census 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 Charter or any Redistricting Ordinances 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 District by which the member was elected prior to such redistricting, notwithstanding any provision of Section 201.1.a requiring a member to be a Resident of the District represented by such member.
Article Four
City Council Meetings/Actions
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 Noticing.
401.1 Regular Meetings. Except as otherwise provided, below, the City Council shall hold regular meetings at least twice each month, at such dates and times as it shall fix by ordinance or resolution 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.
401.2 Special Meetings. In addition to regularly scheduled meetings, special meetings of the City Council may be called at any time by the Mayor, or by four members of the City Council, as provided under the Brown Act and any consistent Local Laws. , 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.
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401.3 Place of Meetings. 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.
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 a s may be required under Section 904 of this Charter, below.
Section 402 Procedures and Requirements for Action.
402.1 Quorum. A majority of the members of the City Council shall constitute a quorum for the transaction of City business, but less 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 Counci l 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.)
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.
As provided in Charter Section 202.4, above, the Assistant City Clerk shall assist with the administration of City Council meetings, including the taking of votes and maintaining an accurate record of all actions taken.
402.3 Action by Ordinance or Resolution. 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 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 “ Minutes Resolution” 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.
403.1 Adoption 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 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. City o rdinances 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.
403.2 Repeal or Amendment The process for repealing or amending an ordinance shall be the same process set forth above for approving an ordinance. . Any ordinance amendment must clearly present -
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any proposed changes.
403.3 Effective Date Ordinances shall become effective thirty (30) days after their final 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 Law;
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 provided in Section 403.4, below.
403.4 Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, 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.
403.5 Posting and Publication 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 Assistant 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.
403.6 Codification of Ordinances. 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.
The City Clerk’s Office shall maintain a copy of the City Code 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.
403.7 Adoption of Printed or State Adopted Uniform Building Codes, 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 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.
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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. The details of the City’s organization and operation s shall be adopted by ordinance and set forth in one or more Articles within the City Code. (“Administrative Code”).
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 Administrative Code 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.
Section 501 Officers to be Appointed by the City Council
On the terms set forth in this Section, the City Council shall appoint a 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. 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, accountable to the City Council for the proper administration of all affairs of the City. In this role, in accordance with all Applicable Laws, the City Manager shall have the power and 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 may 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 with the City government.
b. Prepare , submit for Council adoption and administer the City budget in accordance with the provisions of Sections of this Charter.
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.
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d. Manage, or contract for the man agement 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.
e. Cause the Director of Finance to p repare and submit to the City Council as soon as practicable following the close of each fiscal year a complete financial report for the preceding fiscal year.
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 the City Manager determines, in their professional judgement to be in the best interests of the City.
g. Take such actions the City Manager determines necessary or appropriate, to (i) assure the high quality performance of services by every City department or division, (ii) compliance with the terms of any contract or other or obligation owed to the City, and (iii) compliance with the City Code
h. Perform such other duties as may be prescribed by this Charter , required by the City Council, or deemed necessary in the City Manager’s professional judgement, that are not inconsistent with this Charter.
i. Prescribe such general rules and regulations as the City Manager may deem necessary or appropriate for the general conduct of the administrative offices and departments of the City under their jurisdiction.
j. Appoint one of the other officers of the City to serve as the acting City Manager 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.
k. Attend and advise, with appropriate staff support, all City Council meetings.
501.2 City Attorney. 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 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 their 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, act as the appointing authority for unclassified employee s (lawyers and other legal staff) in the City Attorney’s Office and employ contract attorneys as the City Attorney may d eem necessary and appropriate to take charge of any litigation or other legal matter to assist the City Attorney in the performance of their duties;
e. Attend and advise at all meetings of the City Council Charter-21 (Revised 7/23)
f. Provide advice or legal opinions in writing whenever requested to do so by the City Council, or as may be necessary and appropriate to advise any of the boards or officers of the City;
g. Approve in writing the form of all contracts and other binding legal documents approved or entered into by the City;
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 City ordinances;
j. Where a conflict exists, facilitate a referral to qualified outside counsel or an enforcement agency with jurisdiction; and
k. On vacating the office, surrender to the 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 attorney at law in State of California, and shall have been engaged in the active practice of law for at least seven (7) years immediately prior to the City Attorney’s appointment with such additional qualifications as may be approved by the City Council commensurate with the demands of the position.
501.3 City Auditor 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. Audit 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;
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”);
c. 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.
d. Conduct themselves in strict conformance with all applicable professional and ethical standards consistent with best practices.
In the absence of a Cit y Council appointed City Auditor, the City Council may, in its discretion, approve the assignment to any other officer or employee of the City the duties of the City Auditor and approve additional compensation for the performance of such duties.
Section 502 Officers and Employees to be Appointed by the City Manager.
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 s hall be in the “Unclassified Service.” Each such Senior Official shall perform the duties imposed upon that officer by this Charter, and Charter-22 (Revised 7/23)
under the terms of any ordinance, resolution, or City Manager policy or directive, lawfully issued consistent with the terms of this Charter.
502.1 Department and Director of Finance. There shall be a Department of Finance, the head of which shall be the Director of Finance, who shall be appointed by the City Manager. Under the supervision of the City Manager the Director of Finance shall have charge of the administration of all City finances, including the finances of 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 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 801 below ;
b. Supervise and be responsible for the disbursement of all monies in conformance with the approved City Budget;
c. Maintain a general accounting system , keep financial records, prescribe financial forms ,and exercise financial budgetary control;
d. Submit to the City Council, through the City Manager, a monthly financial report with sufficient detail to show the current fiscal condition of the City;
e. Submit to the City Council, through the City Manager, 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 and receive all money to which the City is entitled or has been granted from any other government agencies, private party or from any court or awarding authority; g. Have custody as a fiduciary of all monies received by the City from any source and either deposit or invest such funds;
h. 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.
502.2 Department and Director 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. . 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:
a. Where outside contracto rs 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
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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 permit s; any City Engineer must be a registered professional engineer in the State of California.
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 property from fire risks and damage;
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;
c. Develop and administer programs for inspection of property within the City to enforce fire prevention and related safety regulations; and
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.
Section 503 Employee Performance Bonds.
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 s shall be approved as to form by the City Attorney, and shall be filed with the City Clerk, except that any bond required of the City Clerk or any employee of the City Clerk’s office shall be filed with the City Manager.
503.3 Limited Liability of Supervisor. In all cases wherein an officer or employee of the City is required to furnish an Employee Performance Bond, there shall be no personal liability upon, or right to recover against, that person’s supervisor ,or the bond of the bonded officer or employee, for any wrongful act or omission of the supervisor, unless the supervisor was a party to, or conspired in, such wrongful act or omission.
503.4 Re
lationship 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.
Article Six
Boards and Commissions
Section 600 In general.
600.1 Chartered Boards and Commissions. The City shall have the following boards and commissions: Planning Commission, Parks and Recreation Commission, Board of Library Trustees, Civil Charter-24 (Revised 7/23)
Service Commission , and the Salary Setting Commission ] (collectively, the “Chartered Boards and Commissions”). Chartered Boards and Commissions shall have the powers and duties (1) set forth in this Article, and (2) such additional powers and duties, consistent with the terms of this Article , as the City Council may assign by ordinance. . .
600.2 City Council Created Board s and Commissions. The City Council may also create, by ordinance additional boards or commissions as in its judgment are required or useful, with such powers and duties Council may assign, are consistent with the provisions of this Charte r 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 , 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 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.
Section 601 Funding and Staff Support
The City Council shall provide in the City’s budget sufficient funds and staffing resources necessary for the efficient and proper functioning of all City Boards and Commissions
Section 602 Appointments; Terms and Vacancies.
Section 602.1 Appointment; Removal . Except as otherwise provided in this Article, the members of City Boards or Commissions 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 a ppoint, reappoint, or remove any board or commission member shall be in the sole discretion of the City Council . Consistent with the 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.
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tion 602.2 Terms of Service; Term Limits. Except as otherwise provided in this Article, City Boards and Commission Members terms shall be four years, commencing upon their appointment Charter-25 (Revised 7/23)
and swearing in, and continuing until their respective successors are appointed and sworn in. For any newly created City Board or Commission, the members first appointed shall classify themselves by lot in order to stagger their terms such that each succeeding July 1st the term of at least one of their members shall expire. Unless otherwise prov ided 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, if a board or commission member is absent from three regular meetings of such board or commission, consecutively, unless excused by such board or commission expressed in its official minutes in accordance with policies that shall be approved by the City Council , that member’s position shall be considered Vacant upon declaration of the City Council.
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 appointment of such position. 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.
Section 603 Conduct of Meetings.
603.1 Meetings. Each City 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 th is Charter and Applicable Law.
603.2 Chair. As soon as practicable, following the first day of July of every year, each boards and commissions shall elect one of its members as “Chair” to serve as its presiding officer for that year at the pleasure of such board or commission. .
603.3 Actions. The affirmative or negative vote of a majority of the authorized number of members of City Board or Commission shall be necessary for it to take action. Each board or commission shall keep a record of its proceedings and actions.
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.
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
a. Composition. The Planning Commission shall consist of seven members to be appointed by the City Council from the Qualified Electors of the City.
b. Powers and Duties. The Planning Commission shall have power and be required to:
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1. Long Range Planning. Review and make recommendations to the City Council regarding any proposed adoption, amendment, or repeal of all or any portion of the City’s General Plan or any other master plan 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;
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”) ;
4. Environmental Policies and Impact s. 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;
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 the provisions of this Charter.
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.
604.2 Parks and Recreation Commission.
a. Composition. The Parks and Recreation Commission shall consist of seven members to be appointed by the City Council from the Qualified Electors of the City.
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 to public parks, , playgrounds, and sports /recreation facilities;
2. Review any proposed operations and capital budgets for the Parks and Recreation Department during the process of their preparation and make recommendations on such budget(s)to City staff and the City Council; and
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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 ;
4. Review and provide input to City staff on plans for City-wide recreation programs and ways to promote and stimulate public interest in 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;
6. Assist with and encourage the development of cooperation with school authorities and other public and private entities interested in parks and recreation facilities and programs .
604.3 Civil Service Commission.
a. Composition. The Civil Service Commission shall consist of five members to be appointed by the City Council from the Qualified Electors of the City.
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. I n 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.
2. Act as Board of Review to hear petitions by classified employees, and applicants for classified positions, 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. Appointment of Salary Setting Commission: The Civil Service Commission shall act to appoint and remove members of the Salary Setting Commission.
604.4 Board of Library Trustees.
a. Composition. The Board of Library Trustees (BOLT) shall consist of seven members appointed by the City Council from the Qualified Electors of the City. below.
b. Powers and Duties. With respect to the Santa Clara Library System, the BOLT shall have power and be required to:
1. Approve or disapprove the appointment of a librarian who shall be the Director of 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 policies for library operations with approval rights over policies regarding collection development, materials reconsideration, materials Charter-28 (Revised 7/23)
lending, patron conduct, and use of meeting rooms and grounds, subject, however, to compliance with Applicable Law and City -wide facility operations requirements (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) make recommendations regarding the proper allocation of “significant donations” (as may be defined by City Council policy) of money, personal property or real estate to the City earmarked for library purposes.
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.
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 s hall 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 -
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such committee must be formed and operated in accordance with all Applicable Laws including the Brown Act.
Article Seven.
Civil Service
Sec. 700 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 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, and shall be subject to the provisions of the Civil Service Rules and Regulations duly adopted by the City Council.
Sec. 701 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 Public Works and Utilities, City Engineer, Chief of the Police Department, Chief of the Fire Department;
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.
Charter-30 (Revised 7/23)
b. The classified service shall comprise all positions not specifically included in this section in the unclassified service.
Sec. 702 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, the officer or employee shall revert to the officer or employee’s former position in the classified service without loss of any rights or privileges and upon the same terms and conditions as if the 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, that person shall be retired in lieu of being restored to the former position.
Sec. 703 Classification.
The City Manager shall prepare and submit to the City Council a plan of classification and grading of all positions 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. 704 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. 705 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. 706 Prohibitions.
No person shall willfully make any false statement, certificate, mark, rating or report in regard to any application, test, certification, or appointment held or made pursuant to Article Seven of this Charter or in any manner commit or attempt any fraud preventing the impartial execution of the provisions of this Article Seven.
Any person who individually or with others willfully 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 State law. Any person convicted hereunder, or any person found by the Civil Service Commission to have violated the provisions of this Article Seven, shall be ineligible for a period of five years for employment in the City service and shall, if that person is an officer or employee of the City, immediately forfeit that person’s office or position.
Sec. 707 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.
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Section 708 Retirement
708.1 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 and plenary authority and power are hereby vested in the City, 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 the Retirement Law, to enable 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 ordinance adopted by a majority vote of the Qualified Electors voting on such proposition at an election at which such proposal is presented.
Article Eight. Fiscal Administration and Procurement
Section 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.
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 b y 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.
801.4 B udget Approval Process.
a. Proposed Budget Submittal by the City Manager. At least forty-five (45) days prior to the beginning of each fiscal year, ear the City Manager shall submit to the City Council the proposed budget for their consideration and input..
b. City Council Proposed Revisions and N otice of Public Hearing. After reviewing the proposed budget and propos ing such revisions or recommendations as it may deem advisable, the City Council shall set the time and date for the holding of a public hearing on the proposed budget. Not less than 10 days prior to the date of such hearing, the City I
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Charter-32 (Revised 7/23)
Manager shall (1) cause notice of the hearing to be published in an Official Newspaper ,and distributed as provided in Section 904,2, below; and (2) make copies of the proposed budget available for inspection by the public in the office of the City Clerk and accessible on the City’s website..
c. Public Hearing and Adoption. At the public hearing, the City Council shall hear and give due consideration to all testimony presented by City staff and the public.
After the conclusion of the public hearing, the City Council shall further consider the proposed budget and make any final revisions that it may deem advisable. On or before June 30 of each year in which the previous approved City Budget is expiring, the City Council shall adopt the new City Budget by majority vote . Upon final adoption, the budget shall be in effect for the ensuing fiscal year (or years for a biennial budget. A copy of the approved City Budget, certified by the City Clerk, shall be posted on the City’s website, and maintained on file in the office of the City Clerk where it shall be available for inspection.
801.5 Budget Implementation. Upon the July 1 effective date of the adopted City Budget, the proposed expenditures set forth therein shall be Appropriated to the several funds, departments, offices and agencies for the purposes specified. 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 anothe r (including out of existing reserves or fund balances), shall require City Council approval of a budget amendment. At the end of each fiscal year, all Appropriations 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. Funds with lapsed appropriations may not be expended until the City Council takes action to reappropriate such funds.
801.6
Budget Amendments. After the adoption of the City B udget, the City Council may amend the City Budget. Any budget amendment to authorize the 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 to Appropriate revenue not previously included in the adopted budget, [to reallocate funds no longer needed for the ir 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.
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, 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”).
Charter-33 (Revised 7/23)
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 limite d to: progressive design- build, construction manager at risk, fixed- price design- build, and design-build-operate 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, e valuation 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.
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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 i ncrease the dollar threshold and add alternative procurement options
a. Every contract involving an expenditure of more than two hundred fifty thousand dollars ($250,000) for the construction or improvement, 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.
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.
Such 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 may proceed to have said work done in the manner stated, without further observance of the provisions of this Section. Such contracts likewise may be let without advertising for bids, if such work shall be declared by adopted resolution of the City Council to be of urgent necessity for the preservation of life, health, public safety or property, 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 propone nts. 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. 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 Law. 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 Charter-35 (Revised 7/23)
with applicable City ordinances or State Law, s uch franchises may be granted exclusively, or non- exclusively, either for a fixed or an indeterminate term.
Section 803 Audit Requirements
803.1 In General. The City shall employ an independent Certified Public Accountant (“Independent Accountant”) who shall conduct an audit, at least annually, of the financial accounting records for all City operations, capital expenditures and enterprises. . Such audit shall be conducted in accordance with generally accepted auditing and accounting principles applicable to government agencies.
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 the Independent Accountant to the City Manager ,the City Attorney and the City Audit Committee for review at a public meeting. T he 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, one physical copy of the Final Audit shall be placed on file in the City Clerk’s office where it shall be available for public inspection , and an electronic version shall be posted on the City’s website.
Section 804 Special Rules for Utilities Expenditures and Revenues
Revenues from the utilities operated by the City shall be paid into the City Treasury and accounted for in separate funds for each such utility. Expenditures from such funds shall be made only 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, 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 any limitations contained in any resolution or indenture adopted prior to such voter approval.
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.
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 s pecific 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.
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805.4 Special Rules for Financing of a Nuclear Plant this Section805 does not authorize the financing of a nuclear plant, or an interest therein, unless approved by the voters.
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.
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.
Article Nine
Miscellaneous and Legal Provisions
Section 900 Mandatory and Permissive.
Unless the provision or the context otherwise requires, as used in the Charter “shall” and “must” are mandatory, and “may” is permissive.
Section 901 Legal Actions Against the City.
No suit or action for money or damages of any kind may be brought against the City, and City agency or enterprise, or any Elected Officer, Board or Commission Member, 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 City Entities and Persons. Claims for money or damages exempt from or not covered by State Law may be governed by procedures established by City ordinance.
Charter-37 (Revised 7/23)
Section 902 Violations; Enforcement.
902.1 Charter Violations. Depending upon the severity of the offense , as determined in the discretion of the prosecuting authority, the violation of any provision of this Charter may be prosecuted as a misdemeanor or as an infraction, subject to associated fines and/or imprisonment as provided under State law for such offenses 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 de sires to be prosecuted as a misdemeanor or infraction must be prescribed by ordinance.
Section 903 Severability.
If any provision of this Charter is held to be illegal, invalid or unenforceable, either on its face or in its application to any person or circumstance 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.
Section 904 Publication of Legal Notices.
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 newspaper of general circulation in the City of Santa Clara designated by the City Council.. If no such newspaper exists, or the rates charged for publication are not reasonably aligned with market rates, , then legal notices, ordinances or other matter required to be published in an official newspaper may be published as otherwise allowed under Applicable Law.
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 th ose 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 Section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in substantial conformance with this Charter, or Applicable Law..
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.
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Section 907 Official Oaths of Office.
Each, Elected Official, every member of a City Board and Commission, each City Council appointed official, and each department head, before entering upon the discharge of the duties of the office shall take, subscribe to and file with the City-Clerk the following oath of office: “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.”
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.
Charter-39 (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. • 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. • Appointed Officers — Collectively, the City Manager, City Attorney, and City Auditor. • Appropriated - allocated for a specific purpose or project within the applicable fiscal year(s) budget. • Boards and Commission Members — The collective term for the members of City Boards and Commissions.
• Brown Act — The Ralph M. Brown Act, California Government Code sections governing City Council meetings and prevailing over conflicting Charter meeting provisions. • Chair — The member elected by a board or commission to serve as its presiding officer for that year.
• 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 — The City of Santa Clara, California. . This defined term first appears in Section 100. • City Boards and Commissions — The collective term used when Charter provisions are intended to apply to both Chartered Boards and Commissions and Council Created Boards and Commissions.
• 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 Council Districts — Collectively, the six designated geographic districts for district -based Council elections.
• City Elected Officials — The Mayor, City Council Members, Chief of Police, and City Clerk. • 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.
• 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.
• Declaration of Vacancy — The resolution adopted by the City Council declaring the existence of a vacancy in an elected office.
• 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.
• District — Each geographic City Council district for district-elected Council Members. • Districts — Collectively, the geographic City Council districts for district -elected Council Members.
• Effective Date — The date on which the Measure amendments went into effect upon filing with the Secretary of State.
• Elected Officials — The Mayor, six City Council Members, the Chief of Police, and the City Clerk.
• 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.
Charter-40 (Revised 7/23)
• General City Laws —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 . • 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. • 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 Member 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.
• Local Laws — City ordinances, regulations, or policies adopted under the authority of the Charter. This defined term first appears in Section 102.2. • Major Public Works —Public Works projects costing more than $250,000 and subject to City Council approval.
• 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.
• Minor Public Works Projects — Projects costing less than $250,000 and subject to City Manager approval.
• Minutes Resolution — 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 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. • 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 — A pr oject for the construction, reconstruction, renovation, alteration, improvement, or demolition of public buildings, streets, drains, sewers, utilities, parks, playgrounds, and similar public facilities.
• 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.
• Qualified Elector — A registered voter of the City. Status is determined by the Santa Clara County Registrar of Voters.
• 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 consultation with the Assistant City Clerk.
• Resident — A resident of the City for elected-official qualification purposes; whether a person is a Resident is determined in accordance with State law.
• ROV — The Santa Clara County Registrar of Voters.
• Senior 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. • Shall — Mandatory.
• Special Municipal Elections — Any municipal elections other than the regular election, called under the authority of the Charter or the State Elections Code. • State — The State of California. This defined term first appears in Section 100. • State Constitution –- The Constitution 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 Charter-41 (Revised 7/23)
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.
• 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.