Cities Index.
Agenda packet

City Council and Authorities Concurrent
January 25, 2022

Document
Agenda packet
Meeting
January 25, 2022
Body
City Council and Authorities Concurrent
Pages
406
Original file
58.5 MB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar.com. That file is the official record.

2. Please provide your input on the observance of Columbus Day and Indigenous Peoples' Day.

Public comments can be submitted below:
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This content is neither created nor endorsed by Microsoft. The data you submit will be sent to the form owner.

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Page 2 of 2 ends

City of
Santa Clara
Celebraci6n del Dia de Cristobal Colon y el
Dia de los Pueblos lndigenas
En las ulttmos arias, la Ciudad de Santa Clara (Ciudad) ha recibido varias preguntas de residentes con respecto a la celebracion del Dfa de Cristobal Colon en la Ciudad, la mayorla de las cuales han instado al Concejo Municipal a cambiar el nombre del Dfa de Cristobal Colon a Dia de las Pueblos lndfgenas. En las ultimas arias, las estados y las ciudades han comenzado a reconocer y sustituir el Dfa de Cristobal Colon por el Dfa de las Pueblos lndf genas. Este reconocimiento historico en las jurisdicciones locales es un esfuerzo de colaboraclon para proporcionar una mayor representacion de la historia local y estatal.

El Dia de Cristobal Colon es un dia feriado federal que conmemora el desembarco de Cristobal Colon en las Amerrcas el 12 de octubre de 1492 y celebra la cultura y el patrimonio italo-americano. Ha habido controversia en torno a la festividad debido a la llegada de Colon a America al Norte, que marco el comienzo de una era de conquista Europea y muerte de las nativos americanos. Con su llegada vino la violencia, la esclavitud, la asimilacion forzada y la conversion de las natives americanos al cristianismo. Tambien introdujo una serie de nuevas enfermedades que tuvieron consecuencias y efectos a largo plazo en los pueblos natives americanos.

El nombre Dia de los Pueblos lndfgenas honra la perdida, el legado y la cultura de las afectados por la llegada de Colon y la posterior colonizaci6n de los nativos americanos. Este nombre todavla refleja el mismo impacto hist6rico de la Era Europea de las Descubrlmientos, pero con las nativos americanos en el centro de la narratlva.

En la reunion del Grupo de trabajo sabre diversidad, equidad e inclusion (Grupo de trabajo) del 15 de octubre de 2020, el Grupo de trabajo discuti6 el cambio de nombre del Dia de Cristobal Colon. El Grupo de trabajo aprob6 por unanimidad aceptar la remisi6n del Alcalde y las Oficinas del Concejo para presentar una recomendacion al Concejo Municipal sabre la celebracion del Dfa de Cristobal Colon en la Ciudad.

Esta encuesta tiene coma objetivo buscar la participaci6n de la comunidad. Los resultados de la encuesta son solo para fines de investigaci6n y se enviaran al Grupo de trabajo para su consideraci6n al hacer una recomendaci6n al Concejo Municipal.

1. Proporcione su opinion sobre la celebraci6n del ma de Cristobal Colon y el Dia de los Pueblos lndfgenas.

Su postura:
0 Mantener el status quo: Celebrar el Dfa de Cristobal Colon el 2do lunes de octubre &felebrar el Dfa de los Pueblos lndfgenas (o un nombre festive alternative que honre a las r ...,, ,ativos americanos) en lugar del Dia de Cristobal Colon el 2do lunes de octubre r~1 Celebrar tanto el Dia de Cristobal Colon coma el Dia de los Pueblos lnd!genas el 2do lunes ,.___; de octubre o en dfas diferentes
0 Celebrar el Dfa de Cristobal Colon el 2do lunes de octubre y celebrar el Dfa de la Herencia Nativa Americana el 4to viernes de septiembre

Page 1 ends

City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. Thls historical recognition across local jurisdictions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landlng in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered ln an era of European conquest and death of Natlve American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day,
Your Position:
f1 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October 0 Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native Americans) instead of Columbus Day on the 2nd Monday of October Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October 0 or on different days
Observe Columbus Day on the 2nd Monday .t>f October and observe Native American Heritage /~-' \__ Dayan the 4th Friday of September

Page 1 of 2 ends

City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples" Day Survey
_ _,,.

In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, mast of which have urged the City Council to rename Columbus Day ta Indigenous Peoples' Day. Over the past several years, states and cities have started ta acknowledge and substitute Columbus Day with lndlgenous Peoples' Day. Thls historical recognition across local jurisdictions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Chrlstopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North Amerlca, which ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native Amerlcan people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
0 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October • Observe lndlgenous Peoples' Day (or an alternate holiday name that honors Native Americans) instead of Columbus Day on the 2nd Monday of October U,,.- Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October or on different days
(\ Observe Columbus Day on the 2nd Monday !>f October and observe Native American Heritage \ . ...J Dayan the 4th Friday of September

Page 1 of 2 ends

2. Please provide your<1input on the observance of Columbus Day and Indigenous Peoples' Day.

Public comments can be submitted below:
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Page 2 of 2 ends

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City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
ln recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Councll to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdictions ls a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianlty. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
() Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October ._ Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native V Americans) instead of Columbus Day on the 2nd Monday of October Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October 0 or on different days
Observe Columbus Day on the 2nd Monday t'>f October and observe Native American Heritage () Dayon the 4th Friday of September

Page 1 of 2 ends

City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurlsdlctions is a collaborative effort to provide more representation of local and state h[story.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Nat[ve American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and lncluslon (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
0 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October rl Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native '-VJ Americans) instead of Columbus Day on the 2nd Monday of October (-, Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October J or on different days
Observe Columbus Day on the 2nd Monday 6f October and observe Native American Heritage 0 Dayan the 4th Friday of September

Page 1 of 2 ends

City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdlctions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates ltalian-Amerlcan culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came vtolence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the Clty Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
(J Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October • Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native Americans) instead of Columbus Day on the 2nd Monday of October 0, Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October or on different days
Observe Columbus Day on the 2nd Monday of October and observe Native American Heritage () Dayan the 4th Friday of September

Page 1 ends

City of
Santa Clara
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City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the Clty of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdictions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and herrtage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Natlve American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Dlversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
0 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October ,._.1 Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native ~ Americans) instead of Columbus Day on the 2nd Monday of October \/\ Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October J or on different days
Observe Columbus Day on the 2nd Monday Of October and observe Native American Heritage 0 Dayan the 4th Friday of September

Page 1 of 2 ends

City of
Santa Clara
Observancia do Dia de Colombo e do
Dia dos Povos lndigenas
Nos ultimas anos, a Cidade de Santa Clara (Cidade) recebeu diversos pedidos de informa9ao de resldentes relativamente a obseNancia do Dia de Colombo par parte da Cidade, a malaria dos quais instou a Assembleia Municipal a alterar o name Dia de Colombo para Dia dos Povos lndlgenas. Ao longo dos ultimas anos, estados e cidades come9aram a reconhecer e a substituir o Dia de Colombo pelo Dia dos Povos lndfgenas. Este reconhecimento hist6rico que atravessa jurisdi96es locals e um esfor90 colaborativo para proporcionar uma maior representa9ao da hist6ria local e do estado.

O Dia de Colombo e um ferlado federal que comemora o desembarque de Crist6vao Colombo nas Americas em 12 deOoutubro de 1492 e celebra a cultura e patrim6nio ltalo-Americanos. Tern existido controversia relativamente ao feriado devido a chegada de Colombo a America do Norte, que marcou o infcio de uma era de conquista Europeia e morte de povos Natives amerrcanos. A sua chegada veio acompanhada de violencia, escravidao, assimila9ao fon;:ada e conversao do Pavo Native americano ao Cristianismo. Essa chegada, tambem introduz[u uma serie de novas doen9as que tiveram consequencias e efeitos a longo prazo sabre os Povos Natives Americanos.

O name Dia dos Povos lndlgenas honra a perda, o legado e a cu!tura dos afetados pela chegada de Colombo ea subsequente coloniza9ao americana. Este name ainda reflete o mesmo impacto hist6rico da Era Europela dos Descobrimentos, mas coloca o povo Native Americana no centro da narrativa.

Na reuniao de 15 de outubro de 2020 da Equipa de Trabalho sabre Diversidade, Equidade e lnclusao (Equipa de Trabalho), a Equipa de Trabalho discutiu a altera9ao do name do Dia de Colombo. A Equipa de Trabalho aprovou, unanimemente, a aceita9ao da consulta dos Gabinetes da Assemblela e do Presidente do Municfplo para que seja apresentada uma recomenda9ao a Assembleia Municipal relativamente a observancia do feriado do Dia de Colombo par parte da Cidade. 0 objetivo desta pesquisa e para obtener a perspetiva da comunidade. Os resultados deste inquerito sao apenas para fins de pesquisa e serao encaminhados para a Equipa de Trabalho para considera9ao aquando da recomenda9ao a Assembleia Municipal.

1. Fornet;a a sua opiniao relativamente a observancia do Dia de Colombo e do Dia dos Povos lndigenas.

A Sua Posi~ao:
'fj8 Manter o estado corente: observar o Dia de Colombo na 2.a segunda-feira de outubro {/ Obse~ar o Dia ~os Povos lndfgenas (_ou um name alternativo para o fer!ado que honre ,.- ,. os NatIvos Amencanos) no lugar do Dia de Colombo, na 2.a segunda-feira de outubro ·rt; Observar o Dia de Colombo e o Dia dos Povos lndfgenas na 2.a segunda-feira de Outubro 'f'-~ OU em dias diferentes.

Observar o Dia de Colombo na 2.a segunda-feira de Outubro e observar o Dia do Patrim6nio dos Natives Americanos na 4.a sexta-feira de Setembro

Page 1 ends

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2. Forne9a a sua opiniao relativamente a observancia do Dia de Colombo e do Dia dos Povos lndfgenas.
lnsira um comentario opcional apes selecionar "A Sua Posi,;;:ao" f\..l1v ~ 8 )'WYVU clJ.A }Z ~-~ C~J--L- ~
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This content is neither created nor endorsed by Microsoft. The data you submit will be sent to the form owner.

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Page 2 of 2 ends

City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples' Day Survey
In recent years, the City of Santa Clara (City) has received several res[dent inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdictions is a collaborative effort to provide more representatlon of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:

Q Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October ~ Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native ( , Americans) instead of Columbus Day on the 2nd Monday of October Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October 0 or on different days
ll Observe Columbus Day on the 2nd Monday bf October and observe Native American Heritage ........... Dayan the 4th Friday of September

Page 1 of 2 ends

2. Please provide your jnput on the observance of Columbus Day and Indigenous Peoples' Day.

Public comments can be submitted below:
li''S f>•e.tiy cl~ ( i/V h Pst ~+h~ r,'fJ ht-ti, ;;:~f-fti do ,s NOW a,nd, Us nor .keep1na {o!t1t111.Bv.S D#y·
~n~.

This co11te11t is neither created nor endorsed by Microsoft. The data you submit will be sent to the form ow11er. ~ Microsoft Forms

Page 2 of 2 ends

City of
Santa Clara
',J
j
Observance of Columbus Day and
Indigenous Peoples' Day S~rvey
In recent years, the City of Santa Clara (City) has received several resident inquiries regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This hlstorlcal recognition across local jurisdlctions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the Clty Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when maklng a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
0 Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October 0 Observe lndlgenous Peoples' Day (or an alternate holiday name that honors Native Americans) instead of Columbus Day on the 2nd Monday of October - ..Lbserve both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October CV~~-on dlfferent days
~, Observe Columbus Day on the 2nd Monday hf October and observe Native American Heritage U Dayan the 4th Friday of September

Page 1 of 2 ends

2. Please provide your.,.input on the observance of Columbus Day and Indigenous Peoples 1 Day.

Public comments can be submitted below:

This content is neither created nor endorsed by Microsoft. The data you submit will be sent to the form owner. !ill Microsoft Forms

Page 2 of 2 ends

J
City of
Santa Clara
Observance of Columbus Day and
Indigenous Peoples· Day Survey
In recent years, the City of Santa Clara (City) has received several resident inquirres regarding the City's observance of Columbus Day, most of which have urged the City Council to rename Columbus Day to Indigenous Peoples' Day. Over the past several years, states and cities have started to acknowledge and substitute Columbus Day with Indigenous Peoples' Day. This historical recognition across local jurisdictions is a collaborative effort to provide more representation of local and state history.

Columbus Day is a federal holiday that commemorates Christopher Columbus's landing in the Americas on October 12, 1492, and celebrates Italian-American culture and heritage. There has been controversy around the holiday due to Columbus' arrival to North America, which ushered in an era of European conquest and death of Native American people. With his arrival came violence, slavery, forced assimilation and conversion of Native American people to Christianity. It also introduced a host of new diseases that had consequential and long-term effects on Native American people.

The name Indigenous Peoples' Day honors the loss, legacy, and culture of those affected by Columbus' arrival and subsequent American colonization. This name still reflects on the same historical impact of the European Age of Discovery, but with the Native American people at the center of the narrative.

At the October 15, 2020 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, the Task Force discussed the renaming of Columbus Day. The Task Force unanimously approved accepting the Mayor and Council Offices' referral to bring a recommendation to the City Council on the City's observance of the Columbus Day holiday.

This survey is intended to seek outreach from the community. The survey results are for research purposes only and will be forwarded to the Task Force for consideration when making a recommendation to the City Council.

1. Please select your position on the observance of Columbus Day and Indigenous Peoples' Day.

Your Position:
(J Maintain Status Quo: Observe Columbus Day on the 2nd Monday of October / Observe Indigenous Peoples' Day (or an alternate holiday name that honors Native t:!J Americans) instead of Columbus Day on the 2nd Monday of October U,) Observe both Columbus Day and Indigenous Peoples' Day on the 2nd Monday of October or on different days
Observe Columbus Day on the 2nd Monday bf October and observe Native American Heritage () Dayan the 4th Friday of September

Page 1 of 2 ends

From: Gene Pashby
To: Equity Task Force
Subject: co9lumbus day
Date: Saturday, October 23, 2021 11:42:47 AM
LEAVE THE NAME AS IT IS. Gene Pashby
From: Andrew Illiano
To: Equity Task Force
Subject: In Support of Columbus Day
Date: Saturday, October 23, 2021 9:01:05 AM
To the members of the Task Force on Diversity, Equity & Inclusion, As an Italian-American I am all too aware of the unrelenting attacks Columbus Day undergoes yearly. While several books have been published by scholars either countering the attacks on Columbus (ex “Columbus and the Quest for Jerusalem” by Carol Delaney ),or proving Howard Zinn wrong (ex: “Debunking Howard Zinn” By Mary Graber) and fact based websites have been created to educate the public (ex: KnowColumbus.org, ColumbusTheTruth.org), these attempts have done little to relent the attacks on Italian-Americans. Yes, I said attacks on Italian-Americans, not Columbus.

Italian-Americans observe Columbus Day as a celebration of their heritage and contributions made to this country. From the many Italian explorers that came after Columbus to map out the Americas, to Filippo Mazzei’s inspirational words that helped shape our constitution, that “All men are by nature equally free and independent”, to the works of Constantino Brumidi whose paintings beautify the Senate and House Chambers and the Capitol Building’s rotunda, to the Piccirilli brothers who carved the “Seated Lincoln” in Lincoln Memorial, to Amadeo Giannini who found Bank of America, to Enrico Fermi who was the first to split the atom at Columbia University and lead the Manhattan Project, to Antonio Meucci the true inventor of the first telephone, and other contributions that are too countless to list in this letter, one thing is evident: Throughout history Italians have made great contributions to America and the world! Proponents of Indigenous People’s Day love to say, “This is not anti-Italian; It’s anti-Columbus.” But that is a lie.

Are they calling to rename the day “Italian Heritage Day”? NO! They are demanding the day be taken completely away from Italian Americans and there is nothing more anti-Italian than this! This is NOT being inclusive. And anyone that votes in favor of eliminating our day of celebration is just as guilty of racism and discrimination as the people calling for it’s removal, especially when they’re not even calling to rename the day “Italian Heritage Day.” Fact is scholars have proven that Christopher Columbus is accused of crimes committed by his political adversaries and actions of leaders that came after him. Historical research shows that Columbus advocated for the rights of Indigenous People and punished his own men when they committed crimes against the Natives. Time and again writings show that Columbus hoped to peacefully convert Native Americans to Christianity through teaching and not force. By Papal law, once people converted to Christianity they could not be enslaved so how could he possibly have intended to pursue slavery? Yet it seems the flames of uneducated radicalized mobs continue to dictate the course of this country as they strong arm leaders to capitulate to their zealous screams and unjustly take this day of recognition away from Italian-Americans by slandering Christopher Columbus! Notice when people attack Columbus they either never provide references or proof to their accusations, or they take quotes out of context to fulfill their false narratives. For your convenience I’ve included the below links to scholarly resources so you can continue your education on Christopher Columbus and see through the lies being perpetrated against the Italian-American community. Please do not turn your back to these truths! A vote for Columbus Day is a vote for education, a vote for truth, and a vote for the Italian-American Community.

Globally Indigenous People Day is recognized on August 9th. Native American Day is the fourth Friday of September. American Indian Heritage Day is the Friday after Thanksgiving. November is Native American Heritage Month. As Italian-Americans we ask only for ONE day to celebrate our heritage, culture and contributions. Are we not worthy of that?
Sincerely,
Andrew Illiano

1. Item 1 - Attachment 4
Rediscovering Columbus: Evidence That Topples the Wall of Lies Around Him https://franoi.com/columbus/rediscovering-columbus/

2. Debunking “Top 5 Atrocities Committed by Christopher Columbus” https://www.officialchristophercolumbus.com/2020/06/debunking-top-5-atrocities-committed-by.html

3. Columbus: Fact vs Fiction: https://www.osia.org/wp-content/uploads/2017/05/Columbus05_factvsfiction.pdf

4. VIDEOS and Links: Courage and Conviction: https://www.kofc.org/en/news-room/columbus/index.html#

5. http://www.truthaboutcolumbus.com/

6. VIDEO: Columbus: Facts vs Fiction https://www.youtube.com/watch?v=jVOcXLHj6kQ

7. Columbus and the Quest for Jerusalem: https://www.amazon.com/Columbus-Quest-Jerusalem-Religion- Voyages/dp/1439102376/ref=sr_1_1?
dchild=1&keywords=Columbus+and+the+Quest+for+Jerusalem&qid=1615916072&sr=8-1

1. If you don’t have time to read the book here’s an article on its research:
https://www.thecollegefix.com/columbus-not-villain-professor-says-explorer-seriously-maligned/

8. VIDEO: Interviewing Stanford University professor Carol Delany https://youtu.be/HzezYlARIcU?t=24

9. Christopher Columbus The Hero: Defending Columbus From Modern Day Revisionism:
https://www.amazon.com/Christopher-Columbus-Hero-Defending-Revisionism/dp/1548738123/ref=sr_1_4? dchild=1&keywords=christopher+columbus&qid=1615915539&sr=8-4

10. Exposing the lies of Christopher Columbus: http://www.officialchristophercolumbus.com/

11. Debunking Howard Zinn: https://www.amazon.com/Debunking-Howard-Zinn-Exposing- Generation/dp/1684511526/ref=sr_1_1?dchild=1&keywords=Debunking+Howard+Zinn&qid=1615917195&sr=8-1

12. “Debunking Zinn’s Lies About Columbus” by Rich Disilvio:
http://www.columbusthetruth.org/Documents/DebunkingtheZinnMethodologyRich%20Disilvio.pdf

13. A Realistic Historical Perspective on Christopher Columbus:
http://www.columbusthetruth.org/Documents/ARealisticHistoricalPerspectiveonChristopherColumbusSteveByas.pdf

14. Resources that debunk the lies about Columbus: https://knowcolumbus.org/resources/ And many more… http://www.columbusthetruth.org/links.htm The True legacy of Christopher Columbus, Links
to other Christopher Colu...

Order Sons and Daughters of Italy in America. The truth and real facts about Christopher Columbus and not the li...

From: Matthew Guarnieri
To: Equity Task Force
Subject: Italian-American Defense League - Celebrate Columbus Day and Indigenous People"s Day Date: Wednesday, October 27, 2021 5:09:58 PM
Dear Members of the Santa Clara Equity Task Force:

Together we must stop systematic discrimination and bigotry against Italian Americans. Across this great Nation, never before has there been a movement by local, state, and now federal officials against people of one ethnic descent in the 21st century. I am founder of the Italian-American Defense League, member of the Italian American Alliance, son of an Italian orphan who sought a better life in the United States, and father concerned with preserving Italian-American heritage, history, and culture for future generations of Americans.

There is a problem today that is creating a false divide between Native Americans and Italian Americans - the elimination of Columbus Day.

Let me
start with a solution to this problem. Keep Columbus Day and designate Indigenous People's Day, a day worthy of recognition, to either August 9th (The International Day of the World's Indigenous Peoples), September 24th (Native American Day in California) or the Friday after Thanksgiving, a better fit based on historical context.

Replacing Columbus Day is contrary to a spirit of diversity, equity, and inclusion by excluding Italian Americans.

Historical context shows Columbus
Day was designated because of anti-Italianism and anti-Catholicism in the 19th and 20th centuries.

Even today, many who oppose Columbus are anti-Catholic
and ignorant of Italian-American history. Please understand that the majority of Italian Americans view the replacement of Columbus Day as discriminatory, biased, and divisive.

A loud and vocal few are hijacking the agenda of
Indigenous People, using it for their own political advancement.

In recent years, as I have revisited and researched Columbus Day, I have found:

1. Historically, people of Italian descent are proud to be included in a country that was founded as a result of Columbus's vision and perseverance as a navigator.

2. Columbus Day is a day that created a national identity for Italians, something that they didn't have in their home country, and is an apology for discrimination against Italians at multiple times in American history.

3. Modern-day scholars tell a very different story of Columbus based on primary sources and context rather than the twisted history of revisionists of the past 30 years.

First, President Barack Obama, just as every president dating back to Benjamin Harrison, understood the significance of Columbus Day for people of Italian descent and all Americans.

Here is President Obama's proclamation in 2011:

On October 12, 1492, Christopher Columbus and his crewmembers sighted land after an ambitious voyage across the Atlantic Ocean. The ideals that guided them to this land--courage, determination, and a thirst for discovery--have inspired countless Americans and led to some of our Nation's proudest accomplishments. Today, we renew our commitment to fostering the same spirit of innovation and exploration that will help future generations reach new horizons.

Ten weeks before his arrival in the Americas, Columbus and his crewmembers set sail from Spain in search of a westward route to Asia.

Though their journey was daring, it did not yield the trade route they sought. Instead, it illuminated a continent then unknown to Europe, and established an unbreakable bond between two distant lands.

These explorers, and countless others that followed them, encountered indigenous peoples that had lived in the Western hemisphere for tens of thousands of years. On this day, we also remember the tragic hardships these communities endured. We honor their countless and ongoing contributions to our Nation, and we recommit to strengthening the tribal communities that continue to enrich the fabric of American life.

Columbus returned to the Americas three more times after his first historic voyage, and his journey has been followed by millions of immigrants, including our Nation's earliest settlers and Founders. Born in Genoa, Italy, Christopher Columbus was the first in a proud tradition of Italians to cross the Atlantic to our shores. Today, we recognize their indelible influence on our country and celebrate the remarkable ways Italian-Americans have shaped the American experience.

The excitement Christopher Columbus and his crewmembers experienced that October morning is felt every day by today's pioneers: entrepreneurs and inventors, researchers and engineers. On the anniversary of Christopher Columbus's voyage, we celebrate the pursuit of discovery as an essential element of the American character. Embracing this heritage and inspiring young people to set their own sails, our Nation will reach the shores of an ever brighter tomorrow.

In commemoration of Christopher Columbus's historic voyage 519 years ago, the Congress, by joint resolution of April 30, 1934, and modified in 1968 (36 U.S.C. 107), as amended, has requested the President proclaim the second Monday of October of each year as ``Columbus Day.'' NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim October 10, 2011, as Columbus Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. I also direct that the flag of the United States be displayed on all public buildings on the appointed day in honor of our diverse history and all who have contributed to shaping this Nation.

Historically, this shows that Columbus Day has been a bipartisan celebration of events leading to the founding of our Nation and the positive impact of Italian- Americans on our beloved country.

Second, as Americans we cannot forget the journey of all immigrant groups throughout history and their quests for justice, including Italians.

August 23,
2021 was the anniversary of the execution of Nicolo Sacco and Bartolomeo Vanzetti for a murder they didn’t commit in South Braintree, Massachusetts.

The trial took place during a time of Italia-phobia and drew worldwide attention.

The context for this trial is the 1920's, a time of resurgence of the KKK and The (anti) Immigration Act of 1924 which limited the immigration of Catholics, including Italians.

That is also the time that people of Italian descent funded the erection of Christopher Columbus statues across America, because Columbus was an Italian and Catholic, in good faith with local governments.

Essentially, eliminating Columbus Day is siding with white supremacists of the Twentieth Century, over poverty stricken Italian immigrants who never felt a national identity in their home country, but rallied behind becoming American.

In another example showing Columbus Day is tied to Italian-American heritage and history, President Benjamin Harrison issued a proclamation in 1892 after the March 14, 1891 lynching of 11 Italian Americans in New Orleans.

This is the
single largest lynching in U.S. history. Harrison recommended “to the people the observance in all their localities of the 400th anniversary of the discovery of America…” and described Columbus as “the pioneer of progress and enlightenment.”
Native Americans and Italian Americans marched during the first Columbus Day parade in New Orleans in the spirit of unity in stark contrast to the forces at be who are creating an artificial divide between the groups today.

Recently, the Italian Parliament passed a resolution to defend Christopher Columbus and Italy’s special relationship with the United States, showing the holiday's significance to people of Italian descent.

Eliminating Italian-American
heritage and culture may diminish diplomatic relations between the two nations.

The resolution commits the government:
to take action, on the political and diplomatic level, so that the Italian cultural heritage in the USA and the symbolic figure of that heritage embodied by Christopher Columbus may be safeguarded;

to use all the communication tools available to the Government, to grant the enhancement, both at the level of bilateral Italy-US relations and at the multilateral level, of the real historical role of Christopher Columbus, an explorer moved by the noble sentiments of discovery, at the basis of the evolution of society and of the whole of humanity.”

This resolution shows that celebrating Columbus Day is meaningful to people of Italian descent from the past, today, and to future generations. •
•
Third, if we cannot celebrate Columbus Day, then we cannot celebrate Indigenous People's Day either, because the Americas were not a Garden of Eden prior to Native American encounters with Europeans. Eastern Native American tribes fought in “mourning wars.” Native Americans, “such as the Mahican, Cofitachequi, Susquehannock, Petun, Oneida, and Micmac retaliated for the deaths of relatives and clan members by taking captives or killing Indians from rival bands.”
One of the reasons for fighting was that these
“blood feuds provided a steady source of captives for some Native Americans’ ritual sacrifices.”
Furthermore, “engagements were usually one-sided affairs that ended with the taking of captives.” For many captives, “the entire village assembled in the primary war chief’s longhouse and began torturing the captive in a lengthy, highly ritualized ceremony. After the prisoner’s death, the tribe concluded the ceremony by cooking and eating his remains.” Lastly,
“women, children, and skilled or especially attractive men were adopted into the family.”
Like supporters of Christopher Columbus who do not celebrate the actions of Roldan, Bobadilla and Ovando, it is doubtful that today’s Native Americans celebrate inhumane native practices of the past.

Though the history is complex
and shocking by today’s standards, modern thinkers can agree that those inhumane Native American practices were acceptable at that time, and we should still celebrate Native American heritages today.

Modern day
revisionists use Columbus as a scapegoat for all sins of the past while failing to acknowledge human sacrifices of the Aztecs and cannibalism by the Caribes.

Academically giving a "free pass" to some native groups, while demonizing Columbus for the sins of others, is unsound and unworthy of serious scholarship.

Rafael Ortiz, author of Christopher Columbus The Hero, is of Taino (Puerto Rican) descent and defends Columbus and Italian Americans.

Ortiz counters
every point against Columbus with context and citations. He states “I hope the media retract their false biographies and accusations on Columbus and correct their mistakes.

I hope people will stop sharing false information in social media, without first double-checking the facts.”
For the past thirty years, Columbus is being accused of crimes he didn’t commit. Revisionists and activists fail to see themselves as committing another wave of anti-Italian and anti-Catholic discrimination. They only see using Columbus to achieve their own political agenda. In addition to Rafael Ortiz, researchers, historians, and anthropologists of the present and past support my claims, including: Carol Delaney, Mary Graber, and Samuel Eliot Morison.

Delaney Ph.D., Harvard Divinity School, the University of Chicago, and Boston University, wrote “Columbus never killed any natives and continually admonished his men not to maraud, rape or plunder.”

By today's standards, I condemn Captain Martin Alonso Pinzon, Francisco Roldan, and Francisco de Bobadilla for their sins and atrocities.

However, as I
learn more I am cautious of becoming guilty of presentism, viewing history through today’s lens and not in the context of the past. Today's revisionists must face the facts. It took the United States less than 100 years to rid the country of slavery, a human institution that was present in all cultures since the beginning of known history, a practice that Columbus never participated in.

Here are the words of Friar Bartolome de Las Casas, known as the defender of the Indians, ”But here is observable, that the desolation of these Isles and Provinces took beginning since the decease of the most serene Isabella, about the year 1504."
Columbus had already returned from his fourth voyage by then. This shows that Las Casas believed that Columbus’s actions during his four voyages were just and lawful. In life, Christopher Columbus was exonerated from false accusations by his political adversaries by the Spanish sovereigns, and today revisionists are putting Columbus on trial again, unjustly.

I am hoping to start a conversation with influential members of Native American groups to stand side by side with Italian Americans (and patriots) to celebrate multiculturalism and diversity, instead of destroying it.

We have a great
responsibility as today's Americans to create an environment of togetherness and truth for future generations.

I humbly ask that you share this letter with anyone open to a bipartisan and unifying solution that honors and respects both Native Americans and Italian Americans.

I would welcome the opportunity to elaborate on any of my remarks.

Matthew Guarnieri
Founder of IADL
Clinton, CT
iadlnow.org
[email protected]
860-552-9597
References:

U.S. Government Publishing Office
Sacco and Vanzetti executed
U.S. Government Publishing Office
Italian American Stereotypes In Media
The Grisly Story of One of America’s Largest Lynching
Sacco and Vanzetti executed
History.com Editors
Despite worldwide demonstrations in support of their innocence, Italian-born anarchists Nicola Sacco and Bartolo...

Italian American Stereotypes In Media
The Grisly Story of One of America’s Largest
Lynching
Erin Blakemore
Innocent Italian-Americans got caught in the crosshairs of a bigoted mob.

In defense of Columbus
Native American Warfare in the East: Mourning Wars | Encyclopedia.com http://www-personal.umich.edu/~twod/latam-s2010/read/las_casasb2032120321-

8.pdf
Columbus and the Quest for Jerusalem by Carol Delaney
Christopher Columbus The Hero: Defending Columbus From Modern Day In defense of Columbus
Native American Warfare in the East: Mourning
Wars | Encyclopedia.com
Native American Warfare in the East: Mourning Wars Sources Source for information on Native American Warfare in ...

Columbus and the Quest for Jerusalem
“One of the 100 best books of the year.” —The Times Literary Supplement Christopher Columbus is reevaluated as a...

Revisionism by Rafael Oritz
Christopher Columbus The Hero: Defending
Columbus From Modern Day Revisi...

Christopher Columbus The Hero: Defending Columbus From
Modern Day Revisionism
From: alvaro reis
To: Equity Task Force
Subject: Re Columbas dDAY
Date: Saturday, October 30, 2021 11:59:01 AM
People have moved from place to place from the beginning of time. Perhaps Columbas discovery of America (or perhaps it was the Vikings) was the beginning of bad times for our American Indians, but even they may have originally come from Asia via the Alaska. Movement, and exploration is what has created the modern world with all its warts and rough edges, I suppose that nest we will be providing comments on, (should the City of Santa CLARA remove the statue of St. Clare)??
A. Reis
From: KEVIN MCGUIRE
To: Equity Task Force
Subject: Renaming Columbus day is disrespectful to Italians Date: Saturday, October 23, 2021 8:25:46 AM
Christopher Columbus is important . He was from Genoa and our Italian-American folks in Santa Clara are proud of him. Do not let the historical revisionists rewrite his history. He was an important early finder of the new world. I don't buy the arguments for taking away his status. If you insist it should be by vote of the people. I am sick of the disrespect for the early settlers of our land taking their name off of schools and the like as was done for the Franciscan Padre Crespi in the East bay recently. These early pioneers operated a few hundred years ago and it was not with all the social knowledge that we have today. THE STANDARDS WERE DIFFERENT BACK THEN!. They did the best they knew how and accomplished much. I suggest you do not offend our Italian folks in Santa Clara by killing this important holiday.

From: Baker, Mike
To: Equity Task Force
Subject: Survey of Columbus Day in Santa Clara
Date: Monday, October 25, 2021 11:51:33 AM
To whom it may concern:

My various Apple platforms will not permit me to access your Survey because of security risks.

I am adamantly
opposed to the elimination, or renaming, of the Columbus Day Holiday.

Best regards,
Mike Baker
Orthopaedic Innovations, Inc.

Sent from MacBookAir
408-460-4234
https-::ashishkhera.wistia.com:medias:kcsgg3buoj
3-in-1 SHAVER - RELIGN Corporation
From: Webmanager
To: Genevieve Yip; Robyn Sahid
Subject: FW: Public Survey on the Renaming of Columbus Day Holiday Date: Sunday, October 24, 2021 9:40:17 AM
From: Nicholeen N-S <[email protected]>
Sent: Saturday, October 23, 2021 3:14 PM
To: [email protected]
Subject: Re: Public Survey on the Renaming of Columbus Day Holiday Personally, I think it's way past time to celebrate our First Peoples' kindness to strangers from afar, instead of their mistreatment by them.

Canada calls what the US is now naming Indigenous people what they Really are: First People...

On Fri, Oct 22, 2021 at 3:47 PM, City of Santa Clara
<[email protected]
> wrote:

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The City of Santa Clara - Stay Connected
Public Survey on the Renaming of Columbus Day
Holiday in Santa Clara.

The Task Force on Diversity, Equity, and Inclusion has released a survey to gather input from the community on the observance of Columbus Day in the City of Santa Clara.

The survey is available in English, Spanish, Vietnamese, Chinese, Japanese, Korean, Portuguese, Hindi, and Tagalog.

To Access the Survey
Please visit SantaClaraCA.gov/EquityTaskForce.

To Email Your Comments
Comments can be submitted directly to [email protected] .
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RESOLUTION NO. 18-8498

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO ADOPT THE PERSONNEL AND SALARY RESOLUTION,

WHICH ESTABLISHES POLICIES AND PROCEDURES WITH

REFERENCE TO THE CLASSIFCATION AND COMPENSATION

OF POSITIONS, THE STANDARDIZATION OF ATTENDANCE AND

LEAVE REGULATIONS, AND RELATED MATTERS WITHIN THE

SANTA CLARA CITY SERVICE
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, in April 1977, the City of Santa Clara, California ("City") adopted Resolution No. 3830, entitled "Personnel and Salary Resolution";
WHEREAS, on May 10, 1983, the City adopted Resolution No. 4652, amending the Personnel and Salary Resolution;
WHEREAS, on October 11, 1983, the City adopted Resolution No. 4707, amending the Section 29 of the Personnel and Salary Resolution regarding Insurance Benefits; WHEREAS, on January 7, 1986, the City adopted Resolution No. 5033, amending Section 20 of the Personnel and Salary Resolution regarding Holidays; WHEREAS, on March 22, 1994, the City adopted Resolution No. 5883, amending Section 31 of the Personnel and Salary Resolution to allow the City Manager to grant medical and personal leaves;
WHEREAS, on July 14, 2009, the City adopted Resolution No. 09-7650, to reflect current policies and procedures regarding the classification and compensation of positions, the standardization of attendance and leave regulations, and other matters; and WHEREAS, the City has amended the Personnel and Salary Resolution to make certain revisions including, but not limited to, eliminating the control point salary structure, establishing a salary range for Unclassified Employees, and authorizing the City Manager to hire Classified and Unclassified employees above the entry level salary.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

Resolution/Personnel & Salary Resolution
Rev: 3/2/18

Page 1 ends

1. That the City hereby adopts the City of Santa Clara Personnel and Salary Resolution in its entirety as set forth in the attached Exhibit A.

2. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 6th DAY OF MARCH, 2018, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED : COUNCILORS:

Attachments incorporated by reference :

1. Exhibit A - Personnel and Salary Resolution
Caserta, Davis, Kolstad, O'Neill, and
Watanabe and Mayor Gillmor
None
Mahan
None
ATTEST: - --u- =-"--'.........,_:=-,=,"'--....,=:;,.=---:--:____;c_~t-"-'--'- ­ A iTI
Cl Y OF SANTA CLARA
l:\HUMAN RESOURCES\2018\Salary Reso Revision\18 .0278 - Resolution .doc Resolution/Personnel & Salary Resolution
Rev: 3/2/18

Page 2 of 2 ends

Revised EXHIBIT A

CITY OF SANT A CLARA

PERSONNEL AND SALARY

RESOLUTION
INDEX
Page
Section 1. Short Title ........................................................................................... 1 Section 2. Scope of Application .......................................................................... 1 Section 3. Definition of Terms ............................................................................. 1 Section 4. The Classification Plan ...................................................................... 4 Section 5. Amendment and Maintenance of Classification Plan ......................... 6 Section 6. Class Specifications ........................................................................... 7 Section 7. Interpretation of Classification Specifications ..................................... 7 Section 8. Qualifications of Employees ............................................................... 8 Section 9. Compensation Plan ............................................................................ 8 Section 10. Application of Compensation Plan for Classified Positions .............. 9 Section 11. Calculation of Anniversary Dates .................................................... 11 Section 12. Hiring Above Step 1 ........................................................................ 13 Section 13. Applicable Pay Rates Following a Change of Status ...................... 13 Section 14. Applicable Pay Rates Following Salary
Range Increases and Decreases ........................................................................ 15 Section 15. Salary on Reclassification of Positions ........................................... 15 Section 16. Initial Adjustments to Compensation Plan ....................................... 16 Section 17. Hours of Work ................................................................................. 16 Section 18. Overtime ......................................................................................... 16 Section 19. Holidays .......................................................................................... 17 Section 20. Vacations ........................................................................................ 18 Section 21. Vacation/Sick Leave Conversion .................................................... 19 Section 22. Sick Leave ...................................................................................... 20 Section 23. Bereavement Leave ........................................................................ 24 Section 24. Military Leave .................................................................................. 25 Section 25. Jury Duty ......................................................................................... 26 Section 26. Court Appearance as a Witness ..................................................... 26 Section 27. Uniform Allowance .......................................................................... 26 Section 28. Insurance Benefits ..................................................................... ; .... 27 Section 29. Retirement Benefits ........................................................................ 28 Revised EXHIBIT A
Section 30. Leave of Absence Without Pay ....................................................... 28 Section 31. Right of Employee to Retain Position ..... ; ........................................ 29 Section 32. Temporary Changes in Work Schedules ......................................... 29 Section 1. Short Title
This Resolution shall be known as the "Personnel and Salary Resolution" and is a reenactment of Resolutions 636, 3144, 3830, and 4652.

Section 2. Scope of Application
The provisions of this Resolution shall apply to all City employees. However, where the context of any section or part thereof shows that it is applicable to the Classified Service alone, then such section or part thereof shall not apply to the Unclassified Service and vice-versa. Should this Resolution conflict with any of the provisions of a current Memorandum of Understanding between the City and any of the recognized bargaining units, the provisions of the Memorandum of Understanding shall apply.

Section 3. Definition of Terms
The words and terms defined in this section shall have the following meanings in this Resolution and in any other Resolution classifying and fixing the salaries and compensation or authorizing the employment of personnel in any department or office in the City of Santa Clara.
(a) "Allocation" - the assignment of a single position to its proper classification in accordance with the nature and scope of duties performed and the authority and responsibilities exercised.
(b) "Anniversary Date" - the first day worked on a regular basis with the City of Santa Clara (e.g., hire date).
(c) "Appointing Authority" - the City Manager shall appoint and remove, subject to the Civil Service Provisions of the Charter, all officers and employees of the City, except as otherwise provided by the Charter or this Resolution, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. (d) "Classification (Class)" - a group of positions having duties, responsibilities, and authority sufficiently similar to permit a) grouping under a common title and b) the equitable application of common standards of selection, transfer, promotion, and compensation. - 1 -
(e) "Classified Service" - all positions in the City service with the exception of those specifically exempt from the Civil Service Rules and Regulations, per Article XI, Section 1101 of the City Charter.
(f) "Compensation" - the salary, wage, allowances and all other forms of valuable consideration, earned by or paid to any employee by reason of service in any position, but does not include any allowances authorized and incurred as incident to employment.
(g) "Consumer Price Index" - as defined by the United States Department of Labor, Bureau of Labor Statistics, and applied to the San Francisco­ Oakland-San Jose Bay Area for urban wage earners and clerical workers. (h) "Continuous Service" - employment with the City without break or interruption. The provisions of Section 11 (f) of this Resolution shall apply in computing continuous service for the purpose of this Resolution. (i) "Demotion" - a change in status of an employee from a position in one classification to a position of a lower classification with a lower maximum pay.

U) "Department Head" and "Division Head" - the manager of a Department or Division respectively, including Elective Officers as defined in the Administrative Code (Chapter 2 of "The Code of the City of Santa Clara, California").
(k) "Employee", "Regular Employee" or "Incumbent" - a person legally occupying a position in the City service.
(1) "Full-Time Employees" - those employees whose position requires the total number of hours prescribed for normal employment in the classification or position. All positions shall be full-time unless q_therwise designated or unless the compensation is fixed upon the basis of part-time work.
(2) "Part-Time Employees" - those employees in positions which are designated part-time or for which compensation is fixed on the basis of part-time work.
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(I) "Leave of Absence" - permission to be absent from duty without pay for a specified period and for a specified purpose, with the right to return before or at the expiration of the period.
(m) "Position" - a job in a particular classification with a regularly assigned combination of specific duties and responsibilities.
(n) "Promotion" - advancement from a position in one classification to a position in a higher classification with a higher maximum pay. (o) "Reclassification" or "Reallocation" - a reassignment or change in the allocation of an individual position to a more appropriate classification, whether new or existing, on the basis of material changes in the duties and responsibilities of the position.
(p) "Salary" - base salary as indicated in the current Salary Range/Schedule for Unclassified Employees and Pay Rate Schedule for Classified Employees, excluding any other pay incidental to employment. (q) "Step Increase Date" -the date an employee is eligible to move to the next salary step in the salary range. This date may be the same as the employee's Anniversary Date or it may be adjusted based on a leave of absence, a promotion or a transfer.
(r) "Sworn Personnel":
(1) "Sworn Uniformed Fire Personnel" -personnel of the Fire Department with powers and responsibilities to be directly engaged in fire prevention or suppression work, but excluding volunteer members of the Fire Department.
(2) "Sworn Uniformed Police Personnel" -personnel of the Police Department having full police powers and responsibilities to enforce all laws including the California Penal Code, but excluding Police Reserves.
(s) "Title" or "Classification Title" - the designation given to or name applied to a classification, each position allocated to a classification, and the legally appointed incumbent of a position allocated to a classification. The - 3 -
meaning of a title is set forth in its corresponding classification specification.
(t) "Total Compensation" - all of the salary and fringe benefits related to the cost to the City to employ an individual and may include salary, retirement and Social Security, holidays, sick leave, vacation, insurance premiums, uniform allowance, or any other special fringe benefit unique to a particular bargaining group. Allocation of total compensation monies by the bargaining group shall be limited to only those areas already defined in the Memorandum of Understanding, such as, but not limited to, salary, insurance premiums, and uniform allowance.
(u) "Transfer" - a change in the assignment of an employee from one position to another in the same classification or a comparable classification. (v) "Unclassified Service" - all positions in the City service specifically exempt from the Civil Service Rules and Regulations per Article XI, Section 1101 of the City Charter.
(w) "Unit" - that group of employees found to be an "appropriate unit," as determined pursuant to Employer-Employee Relations Resolution No. 2979, representing those employees who elect such representation. (x) "Working Title" - a title other than the official classification title that is used informally in the course of work activities to distinguish amongst positions within the same classification.

Section 4. The Classification Plan
(a) The City Council, upon recommendation of the City Manager, shall create and adjust classifications of positions in the City Service. This Classification Plan shall consist of classifications defined by class specifications, including a descriptive title, a description of typical duties and responsibilities, and a statement of minimum qualifications for all positions within each classification.
(b) The City Council, upon recommendation of the City Manager, may create new classifications or divide, combine, or abolish existing classifications and may reassign a classification from one salary range to another. - 4 -
(c) At the direction of the City Manager, all positions in the City Service created or established by the City Council shall be allocated by the Director of Human Resources to their proper classifications in the Classification Plan. Allocations shall be determined in accordance with the duties, responsibilities, and authority of each position and shall be based on the principle that all positions shall be included in the same classification if:
(1) Sufficiently similar with respect to duties, responsibilities, and authority to permit grouping under a common title;
(2) Comparable minimum education, experience, knowledge, skill, and ability requirements are demanded of incumbents;
(3) Common standards of selection, transfer, and promotion may be equitably applied; and
(4) The same salary range may be applied with equity.
(d) The classification title of a position shall be used in all official personnel and budget records and transactions of the City of Santa Clara. No provisions of this Resolution, however, shall be deemed to prevent the use of a working title that differs from the official classification title of any position provided that the working title is designated by the head of the department in which the position exists.
( e) Whenever in the judgment of the City Manager it is necessary for the expeditious transaction of the business of the City for a department to employ a person on a temporary basis in a type of position for which there is no classification provided in the Classification Plan, then the City Manager may authorize such employment. In such case the City Manager shall fix the amount of compensation, and may determine the minimum qualifications for such additional employees, and shall limit in advance the period of time the position may be allowed.

Section 5. Amendment and Maintenance of Classification Plan Whenever one or more new positions are under consideration for possible establishment, or whenever, because of any revision in organization or methods, a - 5 -
significant change of the duties or responsibilities of any existing position is to be made which may require the reallocation of such position, or whenever a new classification is created to which any position may more appropriately be allocated, or whenever, because of the abolishment or combination of any existing positions or classifications, an amendment to the Classification Plan is required, one or a combination of the procedures stipulated in (a) and (b) shall be observed. (a) The Department Head shall report the significant facts relating to such possible changes in writing to the City Manager in the manner prescribed. (b) The City Manager, upon written request of any employee or upon his/her own initiative, may initiate an inquiry of the classification of any position.

Upon either of the above initiations, the City Manager may direct the Director of Human Resources to study the assigned duties and responsibilities of any such position and the qualifications required for filling the same, and of the relationships of such positions to other classifications of positions in the Classification Plan.

On the basis of such study, the Director of Human Resources shall then recommend to the City Manager that no change be made in the allocation of the position, or that the position be allocated to a more appropriate classification in the existing Classification Plan or that a new classification be established to which the position would be allocated, whichever is the appropriate action.

The City Manager will recommend to the City Council any changes in the allocation of individual positions, or any changes in existing classifications and classification specifications, which the City Manager deems appropriate. The City Council may then take action to modify the Classification Plan in accordance with the provisions of. Section 1103 of the City Charter.

Section 6. Classification Specifications
(a) The Director of Human Resources shall maintain a written specification for each classification, which, when approved and adopted by the City Council, shall constitute the official specifications of classifications in the - 6 -
City service. Such classification specifications shall be based on an analysis of the duties and responsibilities of positions in the City service.

Each classification specification shall set forth the title of the classification, a description of the responsibilities and typical duties, and a statement of minimum qualifications for performance of the work.
(b) The official copy of each classification specification shall indicate the date of adoption or latest revision or amendment and will be kept on file in the Human Resources Department. The official copy of each classification specification shall be open to inspection by employees and the general public. The official copy of any specification is available electronically or may be obtained in hard copy from the Human Resources Department for a specified charge.
(c) Said classification specifications, when adopted, are hereby incorporated herein and made a part of this Resolution by reference. Any modification or amendment thereto may be adopted by a majority vote of the City Council.
(d) Classification specifications for positions in the Classified Service must first be approved and adopted by the City of Santa Clara Civil Service Commission before they may be approved and adopted by the City Council.

Section 7. Interpretation of Classification Specifications (a) Classification specifications are illustrative documents intended to summarize the key characteristics of each classification. Typical duties and responsibilities listed are provided as examples of work that may be performed by incumbents of positions assigned to the classification and are not limiting or restrictive. Each classification should be viewed as a whole and in relation to other classifications in the Classification Plan; consideration should be given to typical duties; responsibilities; authority; required knowledge, skills, and abilities; as well as the minimum qualifications for employment.
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(b) Qualifications commonly required of all incumbents of and applicants for all positions in the City Service shall be deemed to be requirements whether or not they are not specifically mentioned in individual classification specifications; these include, but are not limited to, United States (U.S.) Citizenship or proof of permission to reside and work in the United States if not a U.S. citizen, the ability to perform the essential functions of the job in accordance with the Americans with Disabilities Act (ADA) and California's Fair Employment and Housing Act (FEHA), honesty, sobriety, and industry. Specific minimum qualifications for each classification in the Classified Service are established under the Civil Service Rules and Regulations and approved by City Council; minimum qualifications for classifications in the Unclassified service are approved by City Council.

Section 8. Qualifications of Employees
Incumbents of all classifications in the City service must possess the minimum qualifications prescribed for their classification, including education and/or experience.

Applicants to positions in the Classified Service shall be subject to the recruitment and examination procedures described in the Civil Service Rules and Regulations.

Section 9. Compensation Plan
(a) Classified Employees: The following subsection shall apply to regular Classified employees.
(1) The current Salary Schedules are on file in the Human Resources Department, and are incorporated by reference.
(2) The Salary Schedules constitute the Compensation Plan applicable to all classifications. Step and Range increases are built into the current Salary Schedules as follows: Approximately 5% increase between each Step 1 through 5, approximately 2 1/2% from Step 5 to 6 and from Step 6 to 7, and approximately 2 1/2% difference between each Salary Range. Steps 6 and 7 of said schedules are applicable only as "longevity pay" as set forth in Section 10. All salaries prescribed are monthly rates. For those positions where it - 8 -
(b)
is more appropriate to pay on an hourly basis, the hourly rate of pay equivalent to the proper monthly salary step shall be paid as indicated in the various Salary Schedules.
(3) The compensation of Classified employees of the City shall be as set forth in the current Salary Schedules.
(4) The Salary Schedules referred to in this Resolution may from time to time be revised and amended by the City Council.

Unclassified Employees: This section applies to all Unclassified positions.

The Salary Range for Unclassified positions shall be established by the City Council upon recommendation of the City Manager. A Salary Range/Schedule shall be maintained in the Human Resources Department.

Section 10. Application of Compensation Plan for Classified Positions The Salary Schedules for classified positions, with such amendments as may be adopted by the City Council from time to time, shall have the force and effect and shall be interpreted and applied as follows, except as set forth in Section 12:
(a) The salaries or rates of compensation prescribed are fixed on the basis of full-time positions, unless otherwise designated.
(b) The rates of pay prescribed shall be deemed to include pay in every form, except for necessary expenses authorized and incurred incident to employment, or except as herein provided.
(c) Employees shall be considered eligible for increase in salary according to the following general plan upon approval of the Department Head. (1) The numbers 1, 2, 3, 4, and 5, respectively, denote the various steps in the salary range.
(2) Step "1,, shall be paid upon initial employment for a period of at least twelve (12) months.
(3) Employees shall become eligible for increase to Step "2" upon satisfactory completion of twelve (12) months of service in Step "1." (4) Employees shall become eligible for increase to Step "3" upon satisfactory completion of twelve (12) months of service in Step "2." - 9 -
(5) Employees shall become eligible for increase to Step "4" upon satisfactory completion of twelve (12) months of service in Step "3." (6) Employees shall become eligible for increase to Step "5" upon satisfactory completion of twelve (12) months of service in Step "4." (7) Employees may become eligible for an accelerated increase in salary within Steps "1" and "5" for outstanding performance upon recommendation of the Department Head and with the approval of the City Manager. In all such cases the Department Head shall submit written justification to the City Manager.
(8) Notwithstanding any other provision contained herein, any classified employee who has been employed for the City of Santa Clara for a total of ten (10) years, and has been employed at Step "5" of the salary range for his/her present classification for at least one (1) year, upon approval of the Department Head, shall receive a pay adjustment to Step "6" based on the current Salary Schedule.

Any classified employee who has been employed for the City of Santa Clara for a total of fifteen (15) years, and has been employed at Step "6" of the salary range for his/her present classification for at least one (1) year, upon approval of the Department Head, shall receive a pay adjustment to Step "7" based on the above mentioned Salary Schedule.
(d) If the Department Head does not approve the scheduled increase, the employee shall be notified ten (10) days prior to his/her Anniversary Date or Step Increase Date. In the event a step increase is denied on an employee's Anniversary Date, but a step increase is granted at a subsequent date prior to the next regularly scheduled Step Increase Date, no change shall be made in the employee's Anniversary Date. (e) If an employee is denied a step increase, he/she may make a written appeal to the City Manager through his/her Department Head within fifteen (15) days of the postmark of his/her letter of notice of denial. The City Manager shall grant the employee an interview within 45 days. - 10 -
(f) The pay of any employee may be reduced to a lower step within the established pay range upon recommendation of the Department Head and with the approval of the City Manager, in cases where the quality and manner of work performance do not justify the pay being received.

However, employees in the Classified Service having a permanent appointment shall be subject to the procedures set forth in the applicable Civil Service Rules and Regulations.

Section 11. Calculation of Anniversary Dates
(a) Anniversary Date of Employment
For purposes of compensation, the Anniversary Date for Classified and Unclassified employees will be the first day worked on a regular basis with the City of Santa Clara. All salary changes shall be effective as of the commencement of a bi-weekly payroll period. Employees who have an Anniversary Date that falls within the first week of the pay period and have been approved for a step increase will be adjusted on the first day of the pay period during which the Anniversary Date falls. Employees who have an Anniversary Date that falls within the second week of the pay period and have been approved for a step increase will be adjusted on the first day of the pay period immediately following the Anniversary Date. It is the intent of this provision that in no event shall a regular employee be paid under more than one rate of compensation during any payroll period. (b) Annual Step Increases
If a classified employee remains in the same classification in which he/she received original appointment, he/she may receive the annual salary step increase on his/her Anniversary Date, subject to provisions of Sections 9 and 10 above.
(c) Transfer Within Same Classification or Within Another Classification With Same Salary Range
Should a classified employee be transferred to another classification having the same salary schedule and salary range as the classification in - 11 -
(d)
(e)
which he/she has acquired permanent Civil Service status, the same provisions as above shall apply.

Promotional Appointment
Should a classified employee be appointed to another classification to which a higher salary range applies, the Step Increase Date will coincide with the employee's Anniversary Date, subject to the provisions of Sections 9 and 10.

Leaves of Absence
For compensation purposes, a personal leave of absence or any period of time an employee is off without pay ( other than for reasons of illness covered by medical leave granted under Section 30 herein, industrial injury or illness or military service), which exceeds thirty-one (31) consecutive calendar days will constitute an interruption in continuous employment. In such instances the length of the leave of absence shall delay the Step Increase Date accordingly. A leave of absence or any period of time an employee is off without pay which does not exceed thirty-one (31) consecutive calendar days shall be considered as continuous employment toward the accumulation of time for the next appropriate step increase.
(f) During any leave provided for by the Family Care and Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA), the employee shall retain employee status with the employer, and the leave shall not constitute a break in service, for purposes of longevity, seniority under any Memorandum of Understanding, or any employee benefit plan. An employee returning from leave shall return with no less seniority than the employee had when the leave commenced for any employment related purpose.

Section 12. Hiring Above the Entry Level Salary
The entry level salary is defined as Step 1 for Classified Employees and the bottom of the salary range for Unclassified Employees. When a candidate recommended for hire to a classified position in City service is found to possess extraordinary qualifications through former training and/or experience, or when the City - 12 -
is unable to recruit qualified candidates at the first step of the appropriate salary range, the City Manager, on recommendation of the Department Head, may approve the hiring of a candidate above Step 1, up to and including Step 5 .. For unclassified employees, the City Manager has authority to hire and grant merit increases at any point within the salary range for the job classification.

Section 13. Applicable Pay Rates Following a Change of Status (a) Pay Rates Following Promotion:
(1) A classified employee promoted to a classification with a higher salary range shall be compensated at Step 1 of the classification to which he/she has been promoted, provided that Step 1 is at least approximately five (5) percent above the salary before promotion.

If Step 1 is not at least approximately five (5) percent above the salary before promotion, the promotional salary shall be adjusted to at least approximately five (5) percent above the former salary unless prohibited by ineligibility to go to Step 6 or Step 7 (longevity steps). If the promotion places the employee on a different Salary Schedule, he/she will then be placed in the salary step that is closest to the salary the employee would have received had the employee received a five (5) percent increase in his/her former Salary Schedule and salary range. The Step Increase Date will coincide with the employee's Anniversary Date.
(2) In the event that a classified employee is promoted on his/her Anniversary Date, he/she shall first receive any within-range increase to which he/she is entitled in the lower classification, and then the promotional salary adjustment provided in paragraph (1) above. The Step Increase Date will coincide with the employee's Anniversary Date.
(3) If the promotion places the employee in Step 5 of their Salary Schedule and salary range, the Step Increase Date will coincide with the date of the promotion. Once the employee attains a salary at Step 6 or Step 7 (top longevity salary steps), the Step Increase - 13 -
Date will be changed to coincide with the employee's Anniversary Date. See Section 10 (c)(8) above.
(b) Pay Rates Following Demotion:
(c)
(1) If a classified employee is demoted to a classification with a lower salary range,.the employee shall be assigned to a salary step in the lower range, as follows:
(2)
If a disciplinary demotion: The employee will be assigned to a salary step in the lower classification's salary range that earns less money than the employee was earning before the demotion. No change shall be made in the Anniversary Date or the Step Increase Date.

If a non-disciplinary demotion: The employee will be assigned to the salary step in the lower classification's salary range that the employee would have reached if the employee had never promoted to the higher classification. No change shall be made in the Anniversary Date or the Step Increase Date.

Unclassified Employees: In the event of a demotion of an Unclassified Employee, the adjusted salary shall be as approved by the City Manager.

Pay Rates Following Transfer:

When a classified employee transfers from one position to another in the same classification or to another classification to which the same Salary Schedule and salary range is applicable, the employee shall remain at the same salary step and shall retain his/her Anniversary Date and Step Increase Date.

Section 14. Applicable Pay Rates Following Salary Range Increases and Decreases (a) If a salary range for a given classification increases, the incumbents of the classifications affected shall have their existing pay adjusted to the same step in the new salary range (Step 2 to Step 2, Step 3 to Step 3, etc.). (b) Except in the case of an overall Salary Schedule adjustment, if a salary range is decreased, incumbents shall retain their same dollar amount of - 14 -
pay within the lower salary range. If the employee's present rate exceeds the maximum step of the lower salary range, the employee shall continue to receive the same dollar amount, which shall be designated a "Y" rate and indicated by a capital "Y" following the salary each time it appears on personnel records or transactions. Said "Y" rate shall be cancelled when the Salary Schedule and salary range reach the employee's original pay rate or upon vacancy of the position.
(c) If a salary range change becomes effective on an employee's Anniversary Date, he/she shall first receive any within-range adjustment to which he/she is entitled and then receive his/her corresponding step adjustment. ( d) If a salary range change becomes effective on the date an employee is promoted to a higher classification, he/she shall first receive any corresponding step adjustment to which he/she is entitled in the lower classification, and then the next higher step promotional adjustment as provided in Section 13(a) above.

Section 15. Salary on Reclassification of Positions
(a) If a position is reclassified to a classification having the same maximum salary, the salary and the Anniversary Date of the incumbent shall not change.
(b) If a position is reclassified to a classification which has a higher salary range, the salary shall be adjusted in accordance with Section 14(a) above.
(c) If a position is reclassified to a classification with a lower salary range, the incumbent's salary shall not change, as provided in Section 14(b) above.

Section 16. Initial Adjustments to Compensation Plan
Subject to the provisions of this Resolution, the salary ranges referenced by this Resolution shall be applicable to all positions allocated to classifications listed in the Classification Plan, a copy of which is on file in the Human Resources Department.

Each employee shall be paid the salary or compensation in accordance with the salary range prescribed for the classification to which his/her position is allocated.

Section 17. Hours of Work
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All City employment is based on a forty hour work week with the following exception:

Shift personnel in the Fire Department work twenty-eight (28), twenty-four (24) hour scheduled duty shifts in a six (6) pay-period cycle.

Section 18. Overtime

THIS SECTION IS SUBJECT TO APPLICABLE FEDERAL AND/OR STATE LEGISLATION AND/OR CITY RESOLUTION.
(a) It is the policy of the City of Santa Clara to avoid overtime work whenever possible. The City recognizes however, the obligation to provide services to the community and, on occasion, may require employees to extend work shifts or to be called back to work due to emergencies, personnel shortages, or required workloads.

Employees contacted for overtime work have an obligation to affirmatively respond to this need unless incapacitated or due to extenuating circumstances beyond the control of the employee and reasonably acceptable to the City. Failure on the employees part to affirmatively respond to such requests and/or to acceptably document such extenuating circumstances or incapacitation will be in violation of the City's rules and regulations and may be subject to formal disciplinary action.
(b) The Department Head or designee shall authorize overtime. (c) Compensatory time off shall be taken as determined by the Department Head and shall be at the employee's convenience where practical. If the employee does not take the time off, the employee shall be paid at the employee's regular rate of pay.
(d) All classified employees will be paid overtime or be eligible for compensatory time off in accordance with existing policy.

The employee may not accrue more compensatory leave hours than permitted by the current MOU or Department policy.
(e) Unclassified employees are not entitled to overtime compensation. The monthly salary shall be considered full compensation for all hours worked. - 16 -
Section 19. Holidays
(a) With the exceptions stated below, employment holidays are:

New Year's Day
Martin Luther King Jr. Day
President's Day
Spring Holiday
Memorial Day
Independence Day
Labor Day
Admission Day
Columbus Day
Veterans' Day
Thanksgiving Day
Friday following Thanksgiving Day
Christmas Day
and every day appointed by the City Council as a holiday. On days appointed by the City Council as "special" or "limited" holidays, City offices shall remain open and shall function in their normal and usual manner. (b) A special or limited holiday is a holiday applying only to one or more job classifications, and not generally observed Statewide by all employers.

Holidays listed in Section 19(a) are not special or limited holidays. (c) If a holiday falls on Sunday, the holiday will be observed on Monday. If a holiday falls on Saturday, the holiday will be observed on the preceding Friday. Except for sworn Police and Fire Department personnel working shifts, regular employees will receive eight (8) hours of compensatory time off if the "observed" holiday falls on their scheduled day off. (d) For employees of the Recreation Division of the Parks and Recreation Department: If an employee works 40 hours in a workweek that includes a holiday, the employee will be paid double time and a half for the hours worked on the holiday. If the employee works 32 hours or less in a week that includes a holiday, the employee will be paid double time for the hours worked on the holiday.

Section 20. Vacations
(a) Regular employees shall accrue vacation leave on a bi-weekly basis, provided that the employee is in a paid status for at least two-thirds (2/3) - 17 -
of the hours of the pay period (53.4 hours or 74.67 hours for 24-hour employees), at the rate set forth by the current Memorandum of Understanding.
(b) Maximum vacation accrual will be set forth in the current Memoranda of Understanding.
(c) Vacation time off shall be subject to approval of the Department Head.

Vacation eligibility will be as set forth in the current Memorandum of Understanding subject to any limitations contained therein. (d) Vacation time off for Department Heads shall be subject to the approval of the City Manager.
(e) In accordance with the current Memorandum of Understanding, regular employees who separate from City service with accrued vacation time shall be paid for unused vacation on the effective date of separation.

Employees may use vacation time on his/her last day(s) of City service to continue in a paid status without being present. ·
(f) In case of the death of an employee, payment for accrual vacation shall be made to the estate of the employee, or in accordance with State law.

Section 21. Vacation/Sick Leave Conversion
(a)
(b)
(c)
For all employees except 24-hour Employees
Employees in this category have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be 8 hours sick leave for 4 hours of vacation.

For all 24-hour Employees
All provisions are the same as in the preceding section except the conversion ratio will be three-to-one; the maximum allowable exchange will be 216 hours of sick leave for 72 hours of vacation leave; minimum exchange will be 12 hours of sick leave for 4 hours of vacation leave.

General Rules for Vacation/Sick Leave Conversion
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The vacation/sick leave conversion program set forth in this resolution is intended to provide a means for the individual employee to convert sick leave to vacation leave on the ratio set forth in this section. Such conversion, either to convert sick leave to vacation leave or vice versa shall be subject to the following conditions:
(1) All requests to convert sick leave to vacation leave shall be submitted in writing to the Department Head in advance of intended vacation utilization.
(2) The granting of such conversion and subsequent use will be at the discretion of the Department Head.
(3) If the employee has not been permitted the use of the converted vacation leave within twelve (12) months, and has submitted at least one written request for utilization, the employee will have the option to re-convert the vacation leave to sick leave in reverse ratio* to the original conversion. This conversion will be allowed only for previously converted sick leave to vacation and will not be permitted for regularly accrued vacation leave.
(4) If an employee, after converting sick leave to vacation leave, exhausts all of his/her remaining sick leave, he/she may make a written request to the Department Head to re-convert vacation leave to sick leave on a reverse ratio* basis. A written physician's statement attesting to the illness/injury is required and requests are subject to Department Head approval.
(5) Sick leave converted to vacation is not available for use during the same pay period as the conversion.
(6) This section only applies to employees whose Memorandum of Understanding allows for the temporary overaccrual of vacation. If an employee has converted sick leave to vacation and will exceed his/her vacation maximum accrual at the end of the calendar year, he/she will have the option to re-convert vacation leave back to sick leave on a reverse ratio* basis. Such re-conversion shall be limited - 19 -
to previously converted sick leave to vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation leave, including vacation leave accrued in excess of the maximum allowable, will not be eligible for this re-conversion to sick leave.
*NOTE: As used in this section, "reverse ratio" is intended to mean that the ratio of sick leave to vacation leave will revert to the original ratio at the time of the initial conversion.

Section 22. Sick Leave
(a) Sick leave shall be accrued at the rate 96 hours per calendar year (3.7 hours per bi-weekly pay period). For purposes of determining eligibility for sick leave accrual, employees must be on a paid status for at least 36 hours, excluding overtime, sick leave, family sick, family death, or personal leave, during the bi-weekly pay period. (Paid vacation, compensatory time off (CTO), holidays, and emergency paid leave, in addition to actual time worked, count toward the minimum hours required for accrual.)
(b) Fire Department employees on a twenty-four (24) hour shift shall accrue 288 hours sick leave per calendar year (11.07 hours per bi-weekly pay period). For purposes of determining eligibility for sick leave accrual, Fire Department employees working on a shift basis must be in a paid status at least 50 hours during the bi-weekly pay period, excluding overtime, sick leave, family sick leave, family death leave, or personal leave. (Paid vacation, compensatory time off (CTO), holidays, and emergency paid leave, in addition to actual time worked, count toward minimum hours required for accrual.) However, Fire Department personnel not employed on a 24-hour shift basis shall accrue sick leave as set forth in the Section 22(a).
(c) Sick leave accrued in a pay period may not be used during the same pay period.
(d) Accrued sick leave may be used for leave consistent with leave under the Family Medical Leave Act (FMLA), the California Family Rights Act - 20 -
(CFRA), Government Code Section 12945(b)(1) or death of a member of the employee's immediate family (immediate family as defined by FMLA or CFRA).
(e) In the event of a death of a member of an employee's immediate family, the employee may use accrued sick leave as family death leave with approval of the City Manager (see Section 23: Bereavement Leave). (f) Not more than 48 hours of the employee's accrued sick leave (or six (6) shifts for 24-hour Fire employees) may be used as family sick leave within a calendar year for the care or attendance of members of his/her immediate family. "Immediate family" is defined as: spouse, parent, step­ parent, child, step-child, sibling, grandparent, grandchild, aunt or uncle, niece or nephew, first cousin, parent by marriage, son or daughter-in-law, sibling by marriage, foster parent, domestic partner, anyone residing with employee, and anyone dependent on employee for care. The City Manager or designee may approve the use of additional sick leave. (g) Upon a doctor's certification that the employee is disabled because of pregnancy, or childbirth, or related medical condition, the employee may utilize accrued sick leave.
(h) Accrued sick leave may be used for industrial injury or illness, as follows:
(1) Accrued sick leave may be applied during industrial injury or illness leave.
(2) If a Public Safety employee assigned to Fire Units #1 and #98 and Police Units #2 and #9A has exhausted his/her year of pay pursuant to Section 4850 of the State of California Labor Code, Sick Leave may not be used to supplement temporary disability pay pursuant to Section 4853 of the State of California Labor Code.

This is not intended to deny any represented employee a cash payoff for any unused sick leave, upon disability retirement as provided for elsewhere in this document.
(i) The City Manager or the employee's Department Head may require the employee to provide a physician's certificate, or otherwise, confirming that - 21 -
the employee was sick during any period of sick leave. If an employee uses 40 hours or more of sick at one time, the employee shall provide to the Department Head a doctor's note certifying that the employee is physically able to perform the essential functions of the employee's position upon the employee's return to work.

U) A medical leave of absence for one calendar year without pay may be granted by the City Manager. If the employee is unable to return to work at the end of one year of leave of absence without pay, his/her service shall be terminated or retired.
(k) A medical leave of absence granted by the Family and Medical Leave Act of 1993 (FMLA) or the California Family Rights Act (CFRA) will run concurrently with any paid leave.
(I) Sick leave will have an unlimited accrual for use. However, payment of sick leave at retirement will be limited to a maximum of 1,500 hours (or 3,000 hours for 24-hour Fire employees). For employees who have accumulated more than 1,500 hours (or 3,000 hours for 24-hour Fire employees), the employee shall not be permitted to receive payment at retirement for more than the hours they had on the books as of January 1, 2004, plus 1,500 hours (or 3,000 hours for 24-hour Fire employees). (m) Employees leaving City service, except when on military leave, shall forfeit all sick leave benefits except as noted below. Sick leave may be used during a period of vacation prior to separation only with medical certification.
(n) Employees whose service with the City aggregates fifteen (15) years or more shall be entitled, upon retirement, to payment for sick leave then accumulated for continuous service upon the following basis:
(1) Sick leave hours earned at the rate of ninety-six (96) hours per year shall be converted to their dollar equivalent based on the regular rate of pay last held by the employee, and those with 25 years or more service shall be entitled to be paid 75% of said accumulated sick leave; - 22 -
(2) those with 20 years or more service shall be paid 50% of said accumulated sick leave; and
(3) those with 15 years or more service shall be paid 25% of said accumulated sick leave.
(o) Sick leave hours earned by Fire Department public safety employees on a twenty-four (24) hour shift basis, shall first be divided in half and the balance converted to their dollar equivalent based on the reduced twenty­ four (24) hour average hourly rate of pay last held by the employee, and then paid on the same schedule as that set forth above. (p) In the event of death of an employee, all accrued sick leave shall be paid to the employee's estate at full value.
(q) No City employee shall be entitled to paid sick leave under any of the following circumstances:
(1) Disability arising from any sickness or injury purposely self-inflicted or caused by the employee's willful misconduct, including, but not limited to, intoxication and misuse of narcotics or drugs. (Employees may use sick leave for alcohol or drug addiction rehabilitation consistent with the existing Civil Service Rules and Regulations.)
(2) Sickness or disability sustained while on an unpaid leave of absence.
(3) Disability or illness arising from compensated employment other than with the City of Santa Clara.
(r) Sick leave shall not be used in lieu of, or in addition to, vacation except as stated herein.
(s) Separation of an employee's continuous employment or service, except by reason of layoff for lack of work or funds, shall abrogate all sick leave accrued to the time of such separation, regardless of whether or not such person subsequently reenters the City service.
(t) "Observed" holidays occurring during sick leave shall not be counted as a day of sick leave.
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(u) Upon written determination from a qualified workers' compensation or City physician that the employee is declared permanently incapacitated for further duty due to injury or illness, the City will apply for a disability retirement immediately, in accordance with the retirement administrative procedures.

Section 23. Bereavement Leave
(a) The City will provide employees with a paid bereavement leave benefit to attend to the customary obligations arising from the death of a member of the employee's immediate family, as defined in this section. (1) Employees are eligible to receive up to forty (40) hours (or three (3) shifts for 24-hour Fire employees) of bereavement leave in the event of the death of a parent, child, or sibling of the employee, employee's spouse, or employee's domestic partner (including, in each case, step, adoptive and in-law), spouse or domestic partner. (2) Employees are eligible to receive up to three (3) work days, regardless of shift assigned, (or two (2) shifts for 24-hour Fire employees) of bereavement leave in the event of the death of a grandparent, grandchild, aunt or uncle of the employee, employee's spouse, or employee's domestic partner (including, in each case, step, adoptive and in-law).
(3) Employees are eligible to receive up to one (1) work day, regardless of shift assigned, (or one (1) shift for 24-hour Fire employees) of bereavement leave in the event of the death of a great-grandchild, great-grandparent, niece, nephew, or first cousin of the employee, employee's spouse, or employee's domestic partner (including, in each case, step, adoptive, and in-law). (b) The bereavement leave benefit is based on each death occurrence and is not charged through the total compensation model (Salary Adjustment Form).
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(c) Up to forty (40) hours (or five (5) shifts for 24-hour Fire employees) of additional bereavement leave may be charged as family death leave to an employee's sick leave balance with City Manager approval. (d) At the request of the City, the employee will provide verification.

Section 24. Military Leave
Military leave with pay shall be granted in accordance with the applicable sections of the Military and Veterans Code of the State of California and federal law.

The employee will receive full City pay for Military Leave up to 30 calendar days on an annual basis. Any Military Leave exceeding 30 calendar days will require the employee to utilize other approved time off, excluding sick leave. If the employee does not have sufficient accrual balances to cover Military Leave exceeding 30 calendar days, he/she may request a Personal Leave of Absence without pay.

Section 25. Jury Duty
No deductions shall be made from the pay of a regular employee for the hours that jury duty intrudes upon the assigned work shift providing that he/she submits any jury fees collected to the City. Employees may keep mileage fees received as reimbursement for the use of a private vehicle. An employee accepted for jury duty shall immediately notify his/her Department Head.

Section 26. Court Appearance as a Witness
No deductions shall be made from the salary of an employee who has been subpoened as a witness as a result of having observed an event or occurrence while on City duty providing he/she submits the witness fee. The same procedures are to apply as in the above paragraph.

Section 27. Uniform Allowance
A standard uniform regulation shall apply to designated Police and Fire Department uniformed personnel. Eligibility and annual amounts to be paid by the City will be based upon criteria as set forth in current Memorandum of Understanding.

Payments for uniform allowance will be made bi-weekly.

Newly hired personnel will not receive uniform allowance during the initial twelve (12) continuous months of employment in the classification eligible for uniform allowance. Upon satisfactory completion of 12 months of employment, payment in the - 25 -
amount equal to full uniform allowance (where applicable) will be paid for the initial 12 months of employment inclusive of any partial amount which would have been incurred in a previous year (on a pro-rated basis).

The City shall also provide for the repair of, or replacement based on the remaining useful life of the uniform article damaged while actively engaged in the line of hazardous duty in the Police and Fire service. All safety equipment supplied by the City damaged while actively engaged in the line of hazardous duty shall be replaced at no cost to the employee.

Section 28. Insurance Benefits
Types of insurance:
.1. Health, Dental, Short and Long Term Disability, and Life Insurance: The City may arrange for and make available to City of Santa Clara employees the following group insurance benefits: Health, Dental, Short and Long Term Disability, Life Insurance, Voluntary Employees Beneficiary Association (VEBA), Employee Assistance Program and Flexible Spending Plan. The City has the obligation to change, alter, modify or the right to discontinue such plans when mandated by the provider. Current contracts for these insurance benefits shall be on file in the City Clerk's Office.

2. Health Allocation: Employee Bargaining Groups shall, on a once a year basis, commencing with the beginning of the calendar year, designate a fixed maximum monthly sum to be paid by the City for all represented employees toward applicable insurance premiums.

To be eligible for the health allocation, a represented full-time employee must be on a paid status for at least 80 hours (112 hours for 24- hour employees) in the month prior to the month of coverage. Part-time employees will have access to full health and dental benefits, but the total health allocation will be pro-rated to hours worked.

If the premiums for the individual employee exceed the amount allocated, the balance is paid by a salary deduction from the paycheck of the individual employee or under special circumstances, paid directly by the employee.
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If the premiums are less than the monthly amount allocated, the difference will be refunded twelve (12) times a year.

3. Insurance Premium Payments During Periods of Work-related Injuries: For an employee who is temporarily disabled due to an accepted workers' compensation claim and has not earned the health allocation, the City will continue to pay the required premiums up to the amount of the health allocation until the employee is able to return to full duty or is declared permanent and stationary. However, should the injury be determined by the City's Workers' Compensation Third Party Administrator and/or the Workers' Compensation Appeals Board to not be service connected, the employee shall repay the City in full the premiums paid on his/her behalf.

Section 29. Retirement Benefits
Pursuant to Section 1200 of the City's Charter, the California Public Employees' Retirement System is the Retirement System of the employees of the City. As a condition of employment, employees of the City automatically become members of the Public Employees' Retirement System. The current contract between the City of Santa Clara and the Public Employees Retirement System is on file in the City Clerk's Office.

The Retirement System is divided into two Retirement Formulas, for Public Safety Employees and Miscellaneous Employees, as follows:
(1) Public Safety Employees - 3.0% at age 50 Retirement Program ("Classic"); 2.7% at age 57 ("New").
(2) Miscellaneous Employees - 2.7% at age 55 Retirement Program ("Classic"); 2.0% at age 62 ("New").

Section 30. Leave of Absence Without Pay
A leave of absence without pay may be granted as follows:
(a) The City Manager may grant a leave without pay not to exceed one (1) calendar year.
(b) Maternity Leave.

The term "maternity leave" refers to a leave of absence without pay because of pregnancy, childbirth, or related medical conditions. Pursuant to the Federal Pregnancy Discrimination Act (Pub. L. 95-555, 92 Stat. - 27 -
2076 (1978) 42 U.S.C. 2000e), the rules and regulations issued pursuant thereto by the Equal Employment Opportunity Commission and Section 12945 of the California Government Code, the City Manager may grant a leave without pay not to exceed four (4) months for disability caused by pregnancy, childbirth, or related medical conditions. The City Manager may extend the leave up to eight (8) additional months.

The employee will give reasonable written notice of the need for maternity leave and her estimated duration of the leave.

Accrued vacation time (pursuant to Section 20) and accrued sick leave (pursuant to Section 22) may be used by the employee during the maternity leave.
(c) Family Leave.

Pursuant to the federal "Family and Medical Leave Act of 1993" (FMLA) and the California Family Rights Act (CFRA), the City Manager may grant a leave without pay for up to twelve (12) workweeks in a rolling twelve (12) month period for the care of an employee's spouse, child, or parent who has a serious health condition or the employee's own serious health condition that makes the employee unable to perform the functions of his/her position. The City Manager may authorize additional unpaid leave to increase the total leave without pay to one (1) calendar year.

When the employee has requested a Medical Leave of Absence without Pay or Maternity Leave of Absence and Family Medical Leave simultaneously, FMLA leave shall run concurrently with such leaves.

Section 31. Right of Employee to Retain Position
When a leave of absence with or without pay is granted, it is with the definite understanding that the employee will be restored to the position vacated by him/her at the expiration of his/her leave.

Section 32. Temporary Changes in Work Schedules
(a) General Rule - Temporary changes in work schedules shall be made whenever required. However, such changes shall be considered emergencies and emergency overtime rules shall apply whenever:
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(1) less than fourteen (14) hours advance notice is given to eight (8) hour, nine (9) hour, ten (10) hour, or twelve (12) hour shift employees; or
(2) less than forty-two (42) hours advance notice is given to Fire Department employees working a twenty-four (24) hour shift. (b) During the City's Annual Cleanup Campaign, the City may temporarily change the regular hours of work, on regular work days, of employees, upon 14 hours advance notice. Change in assignment for employees must be limited to shifts commencing up to one hour either prior to their regular shifts or up to one hour after the commencement of their regular shifts at straight time salary. Employees so assigned will work a nine (9) hour work day excluding unpaid time for meals. Any hours in excess of a regular (e.g., 9/80) schedule will be paid at the prevailing overtime rate.

Section 33.

This Resolution supersedes Resolutions Nos. 636, 3144, 3830, 4652, 7650 and amendments thereto.
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-48 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on Whether to Accept a Formal Recommendation from the Task Force on Diversity, Equity, and Inclusion Regarding the City’s Model for Electing its Chief of Police (Deferred from December 14, 2021)

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On September 29, 2020, Council established the Task Force on Diversity, Equity, and Inclusion to support the development of a Santa Clara Plan to address the four (4) components of former President Obama’s “Commit to Action” Initiative (Attachment 1). The report (RTC 20-875) from Mayor Gillmor and Chief Nikolai on this issue included a proposed mission statement, timeline and goals for the Task Force as well as a defined role for City staff to support the Task Force (Attachment 2).

Specifically, the Task Force mission statement reads as follows:

In response to the national call for police use of force reform, the City of Santa Clara created the Task Force on Diversity, Equity, and Inclusion. Through an open dialogue with the communities of Santa Clara and directed by community input, the Task Force shall make recommendations for changes in government policies, structures, services, and culture that negatively impact or do not fully benefit historically disenfranchised communities. The Task Force will continuously involve the communities on recommendations and progress.

The Task Force’s workplan for the first year included the following objectives:

1. Identify and make recommendations to complete the appointment of a seven-member Task Force;

2. Develop a robust community engagement process to ensure that the voices of communities of color are incorporated as the Task Force develops its policy and strategy recommendations. This would include conducting community listening sessions to facilitate public dialogue regarding systemic inequalities with issues identified serving as the basis for the Task Force’s future work; and

3. Report the findings and make recommendations to the Council that would reform the City’s police use of force policies and any governmental policies, structures, or culture that negatively impact or do not fully benefit historically disenfranchised community.

As an official advisory body of the City, the Council also approved the assignment of City staff and resources to provide support to the Task Force. The Task Force has worked diligently to advance its goals through the work of five subcommittees:

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1) Community Communications; 2) Consideration of Historical Recognition; 3) Policing & Community Engagement/Relations; 4) Community Listening Sessions Working Group; and 5) Advisory Member Selection.

At the September 13, 2021 Task Force meeting, the Chair of the Task Force reported on the Policing and Community Engagement/Relations Subcommittee’s (Subcommittee) recent work with the Police Department. Included in that report was a request to discuss the City’s model of an elected Chief of Police. This was further expanded to include a discussion of the elected City Clerk.

At the October 18, 2021 Task Force meeting, the City Manager advised the Task Force that the Council had previously conducted a review of the elected positions through a Charter Review Committee and relevant background materials were provided. The Task Force was advised of the need to consult with the City Attorney’s Office to ensure that any proposed action did not inadvertently result in a Fair Political Practices Commission (FPPC) or Political Reform Act violation.

The City Manager requested time to consult with the City Attorney’s Office.

On November 2, the Chair of the Task Force requested that a letter (Attachment 3), drafted by the Subcommittee, to “formally recommend that the City preserve, reinforce, and celebrate its commitment to having an elected Chief of Police” be placed on the November 8, 2021 meeting of the Task Force. An item to provide background on this topic was added to the Task Force’s November 8 meeting. The report (RTC 21-1311) with background information on the elected Chief of Police and City Clerk positions is included with this report as Attachment 4.

After discussing the matter with the City Attorney’s Office, the City Manager, at the November 8 th
meeting, stated that formal action by the Task Force could be an inappropriate action given that a potential ballot measure was being considered by the Council and that the remedy was to seek the Council’s approval on whether the Council would like the Task Force to take action on this matter.

Because approval of the Subcommittee’s letter was not on the agenda, the Task Force was not able to take action on the merits of the recommendation. Nevertheless, the Task Force passed a motion to submit their letter of recommendation as drafted by the Subcommittee to the Council. As multiple motions were made, it is unclear whether the Task Force understood that the final motion would advance a recommendation the merits of which had not been discussed by the full Task Force or without an opportunity for the public to provide input. The motion passed on a 5 to 1 vote.

DISCUSSION
Based on the City Charter, the City Manager is the head of the administrative branch of the City government, responsible to the Council for the proper administration of all affairs of the City. The City Manager is an ex-officio member of all boards and commissions and serves as chief liaison officer between such bodies and the City Council, but shall have no vote thereon. Accordingly, the City Manager has an obligation to ensure that legislative action of potentially political nature does not occur. The City Manager is also obligated to surface potential concerns related to the Task Force’s proposal given her knowledge of the Council’s prior actions to schedule discussion of a potential ballot measure about an elected police chief for its February 2022 Priority Setting Session. This is within the context of the Council’s interest on this topic which has been expressed several times over the year through the two Priority Setting Sessions and at the Council Governance and Ethics Committee.

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Given the continued interest of the Task Force, the City Manager advised the Task Force that the remedy is to seek Council direction on whether the Task Force should proceed with a formal recommendation in advance of a potential ballot measure decision, noting that if Council wanted to take the risk to have the Task Force develop a recommendation on a potential ballot measure, it could. Should the Council wish to accept the Task Force’s recommendation at this time, the Council should take into consideration the following:

1. The City Council has already identified this issue as a potential ballot measure for November 2022 and is scheduled to consider the item on February 8, 2022 (the Council’s annual Policy Priority Setting Session). Staff has been asked by Council to bring this issue to both the Governance and Ethics Committee and the 2022 Priority Setting Session. It is already on the Governance and Ethics Committee workplan.

2. A recommendation from the Task Force at this time could potentially have the consequence of inappropriately swaying voters should the Council decide to proceed with placing the item on the November 2022 ballot, given that a legislative advisory body established by the City Council has taken action on such matter.

3. It is not a practice for Council-appointed advisory bodies to take positions on potential ballot measures without specific Council direction and the Task Force could be viewed as exceeding its role beyond the Council-directed scope.

4. The formal action taken by the Task Force to send the letter drafted by the three members of the Subcommittee directly to Council, against the advice of staff to seek Council direction first on whether to consider a letter in the first place, did not allow for discussion on the merits of the proposal by the full Task Force or the opportunity for the public to provide feedback - a concern raised by a member of the Task Force as doing so was not in alignment with the original direction to seek community engagement and public dialogue in the development of Task Force recommendations. In accordance with the action taken by the Task Force, the letter of recommendation is being presented without full Task Force action on its merits or public input.

5. The letter of recommendation from the Task Force Subcommittee (Attachment 3) states, “the policing subcommittee has attended over 15 hours of trainings with the police department, gained additional in-person experience with officers on duty, and engaged in a series of policy conversations with the Chief of Police and Assistant Chiefs. During this review process, the Task Force reviewed police department policies and learned about ways in which Santa Clara differentiates itself from other cities .” While it is unclear whether these policy discussions specifically addressed the issue of an elected versus an appointed Chief of Police, the mere fact that those discussions resulted in a recommendation to reaffirm an elected model is cause for concern - particularly given the direct involvement of the current elected Chief of Police.

6. Several members of the Task Force questioned the role of City Manager in supporting the Task Force, expressing their understanding that the Task Force was independent per Council action. As noted above, the City Charter states that the City Manager is responsible to the City Council for the proper administration of all affairs of the City . The City Manager is an ex officio member of all boards and commissions and serves as chief liaison officer between such bodies and the City Council. Moreover, the report establishing the Task Force (RTC 20-875) states “meetings of the Task Force will be subject to the Brown Act”. As such, the City City of Santa Clara Printed on 1/20/2022Page 3 of 5
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Manager and City Attorney are duty bound to advise the Task Force (and the Council) of any action that might violate or have the potential to violate State Law, the Political Reform Act or Fair Political Practices Commission rules and/or other regulations. The Task Force is not an independent advisory body, they are subject to the same rules that govern all Council directed and established legislative and advisory bodies.

7. As an advisory body under State law, the Task Force must follow Brown Act rules.

The definition of “legislative body” under Government Code 54952(b) is, “A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory , created by charter, ordinance, resolution, or formal action of a legislative body.”

8. Disclosure by the City Manager to the Task Force that advisory bodies must also comply with the Political Reform Act and that labeling a body as “advisory”, or any other term does not exempt it from the Political Reform Act.

At this point, the Task Force has taken action to transmit its letter of recommendation in support of the City’s model of electing its Chief of Police. The City Manager has disclosed the risks involved in doing so to the Task Force and is advising the Council of the risks via this memorandum. Having completed the due diligence to advise both the Task Force and the Council of her concerns regarding the Task Force’s actions, the City Manager desires to create a public record and remove herself from any, and all, potential violations of the Political Reform Act or FPPC regulations. By surfacing the legislative concerns and potential for risk, the City Manager has properly disclosed the risk and removed herself from it by presenting it to the City Council for its own action. However, it is unclear whether the Task Force would be removed from FPPC or Political Reform Act violations if the Council authorized such action.

As background, the City Manager explained to the Task Force that election related manners draw public scrutiny and that the public has a right to file complaints if they think inappropriate actions have been taken. She added that on the part of the City, she has been the subject of many election related complaints and, because of her diligence on these matters, none of the complaints have been found to be valid. She was concerned that this action may not have such finding and does not want to be personally held responsible for such action to the public, Council, and/or appropriate agencies that regulate election related matters.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
There is no fiscal impact other than staff time.

COORDINATION
This report was coordinated with the City Manager’s and City Attorney’s offices.

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PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .

RECOMMENDATION
Provide direction on whether to accept the formal letter of recommendation from the Task Force on Diversity, Equity, and Inclusion in support of the City’s model of electing its Chief of Police and hold harmless on this topic the City Manager from any and all actions that may violate the Political Reform Act or FPPC regulations.

Reviewed by: Sujata Reuter, Assistant City Attorney
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Commit to Action Pledge

2. RTC 20-875

3. Policing and Community Engagement/Relations Subcommittee’s Letter

4. RTC 21-1311

5. Post Meeting Material from December 14, 2021 Joint Meeting of the Council and Authorities Concurrent and Stadium Authority Meeting
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COMMIT TO ACTION
A call for mayors, city councils, and police oversight bod ies to add ress police use of force policies.

Share ll "#

TAKE THE PL EDGE WORKSHOPS BECOME AN MBK COMMUN I TY
The killings of George Floyd, Breanna Taylor, Ahmaud Arbery, and the loss of far too many Black lives to list, have left our nation anguished and outraged.

More than 1,000 people are killed by police every year in America, and Black peop le are three times more likely to be killed than White people. We can take steps and make reforms to combat police violence and systemic racism within law enforcemen t. Together, we can work to rede fine public safety so that it recognizes the human ity and dignity of every person.

Mayors and other City Council officials are uniquely positioned to introduce common-sense limits on police use of force. That's why the My Brother's Keeper Alliance is calling on mayors to commit to the following actions:

1. REVIEW your police use of force policies.

2. ENGAGE your comm unities by including a diverse range of input, experiences, and stories in your review.

3. REPORT the findings of your review to your comm unity and seek feedback.

4. REFORM your commu nity's police use of force policies.

Everyone can support this effort- and we hope that individuals across the country will take action to urge their mayors to take these steps for change.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
20-875 Agenda Date: 9/29/2020

REPORT TO COUNCIL

SUBJECT
Report from the Mayor and Police Chief on “Commit to Action” Initiative Efforts and Action on Establishing a Community-based Task Force on Diversity, Equity, and Inclusion and Council Appointment of Task Force Members [Not to be Heard Prior to 6:00 PM]

BACKGROUND
At the July 14, 2020 City Council (Council) meeting, the Council delegated authority to Mayor Gillmor and Police Chief Nikolai to establish an Ad Hoc Committee in support of former President Obama’s “Commit to Action” Initiative (Initiative). With an understanding of this historic window and sense of urgency for meaningful change, the Council expressed support for engaging in a local community dialogue on a Santa Clara Plan to address the four components of the Initiative (Attachment 1) and identify key issues facing the City of Santa Clara (City) involving historically disenfranchised individuals or communities. Establishing a community-based task force will enable the City to engage the local community in an open dialogue and will help the City take actions to achieve racial equity by working to ensure that all Santa Clarans have access to an equal quality of life and equal access to opportunity.

DISCUSSION
Mayor Gillmor and Police Chief Nikolai met regularly over the last 10 weeks and engaged help and assistance from the following individuals who expressed a strong interest in the Initiative work effort:

Andrew Knaack, FY2019/20 Chair of the Parks and Recreation Commission; Darius Brown, Member of the Housing Rehabilitation Loan Committee (HRLC); and Neil Datar, Former Chair of Santa Clara University’s Student Senate for Associated Student Government and recent graduate of Duke University School of Law. Councilmember Kathy Watanabe and Councilmember Teresa O’Neill participated in the meetings as well, and provided guidance, leadership, and research findings.

We are also fortunate to have established a Memorandum of Understanding (MOU) with Santa Clara University under President Father Kevin O’Brien for a collaboration with the Markkula Center for Applied Ethics (MCAE). The MOU is included in this report as Attachment 2. Part of our collaboration will include MCAE working as an advisor to the proposed, community-based Task Force on Diversity, Equity, and Inclusion (Task Force) and helping to establish the Task Force’s Mission Statement and Values Statement. MCAE will also advise on processes to implement a series of community conversations, which will engage and empower a broad spectrum of stakeholders.

Over the last several weeks, Joan Harrington, MCAE Director of Social Sector Ethics, has been assisting the Ad Hoc Committee with developing a proposed mission statement and organizational model, as well as advising on methods for engaging the community. The Ad Hoc Committee has developed a proposed Mission Statement that reflects the purpose and goals of the Task Force.

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Proposed Mission Statement and General Governance:
“In response to the national call for police use of force reform, the City of Santa Clara created the Task Force on Diversity, Equity, and Inclusion. Through an open dialogue with the communities of Santa Clara and directed by community input, the Task Force shall make recommendations for changes in government policies, structures, services, and culture that negatively impact or do not fully benefit historically disenfranchised communities. The Task Force will continuously involve the communities on recommendations and progress.” The Task Force will be overseen by the Mayor and Police Chief and led by community members appointed by the Council. The Task Force will consist of up to seven community members who will help review police use of force policies and engage communities to seek a diverse range of input, experiences, and stories. The Task Force will report findings to the Council and bring forward recommendations for policy reform shaped and informed by community input. Meetings of the Task Force will be subject to the Brown Act.

At its September 17, 2020 meeting, the Ad Hoc Committee recommended that, upon the Task Force’s establishment, Andrew Knaack, FY2019/20 Chair of the Parks and Recreation Commission; Darius Brown, Member of the HRLC; Neil Datar, Former Chair of Santa Clara University’s Student Senate for Associated Student Government; and Dianna Zamora-Marroquin, Political/Communications Director at the South Bay AFL-CIO Labor Council, be appointed to lead the Task Force. The established Task Force will interview and recommend community members to the Council for appointment to the Task Force’s remaining three seats.

In an effort to build a coalition of community partners representing diverse perspectives, the Task Force will identity community members or organizations already doing related work and who share an interest in addressing the issues. The Task Force will be charged with recommending an advisory board to the Council for appointment.

Task Force’s Timeline and Goals
After the appointment of the remaining three seats, the Task Force will then set specific short-term and long-term goals, with an associated timeline (below). The Task Force will be first tasked to gather information, formally engage community organizations, and request assistance in identifying historically disenfranchised residents, with a special focus on those who are traditionally unheard.

As the foremost responsibility of the Task Force is to listen to all communities within the City and hear their unique concerns, it will host listening sessions with the intent of capturing stories and experiences from individuals and groups. Through these listening sessions, the Task Force will then identify key overarching issues facing the City.

After identifying issues with the community, both short and long-term recommendations on policy reform and strategies will be brought to the Council.

Tentative Timeline
October 2020 - December 2020: Establishment of Task Force and Advisory Board. Task Force and Advisory Board will collaborate and conduct initial review of police use of force policies and other city policies.

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20-875 Agenda Date: 9/29/2020
sessions to participate and support dialogue around systemic inequalities. Community engagement will allow for a diverse range of input, experiences, and stories, and will help ensure that the voices of communities of color are included as the main focus of the Task Force’s considerations in developing policy and strategy recommendations. The Task Force will conduct an additional review of police and city policies that are brought forward during the listening sessions.

August 2021 - September 2021 : Report the findings of the review to the community and seek feedback from the community on possible recommendations on policy reform and strategies to the Council.

October 2021 - November 2022 : Present findings and recommendations to the Council that will reform the City’s police use of force policies and any governmental policies, structures or culture that negatively impact or do not fully benefit historically disenfranchised communities and present possible recommendations to the Council on City Charter changes, one of which may be to establish Oversight Body or Commission.

City Staff Support
At this time, City staff will be needed to help supply information, support meetings of the Task Force, and provide communications and outreach to the community. Translation services will be needed as well.

If expert consultants are needed for the Task Force, specific requests can be brought back to the Council for consideration.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact to the City associated with this report other than administrative time to support this effort. The City will use existing funds within the approved budget to absorb the cost of translation services and, if additional appropriation is needed, we will return with a request.

COORDINATION
This report was coordinated with the City Attorney’s Office and City Manager’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .

RECOMMENDATION

1. Approve the establishment of the Task Force on Diversity, Equity, and Inclusion to support the City of Santa Clara Printed on 12/22/2020Page 3 of 4
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20-875 Agenda Date: 9/29/2020
development of a Santa Clara Plan to address the four (4) components of the “Commit to Action” Initiative to achieve equality for historically disenfranchised communities in our City; and

2. Appoint Andrew Knaack, FY2019/20 Chair of the Parks and Recreation Commission; Darius Brown, Member of the HRLC; Neil Datar, Former Chair of Santa Clara University’s Student Senate for Associated Student Government; and Dianna Zamora-Marroquin, Political/Communications Director at the South Bay AFL-CIO Labor Council, to the Task Force on Diversity, Equity, and Inclusion.

Approved by: Mayor Lisa M. Gillmor and Police Chief Pat Nikolai

ATTACHMENTS

1. “Commit to Action” Initiative Pledge

2. Memorandum of Understanding with Santa Clara University City of Santa Clara Printed on 12/22/2020Page 4 of 4
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Letter Regarding Formal Position on Elected Police Chief

To: Mayor Lisa Gillmor, City Council Members of the City of Santa Clara, Governance and Ethics Committee of the City Council, Chief of Police Pat Nikolai, City Manager Deanna Santana, and the residents of the City of Santa Clara

From: City of Santa Clara Task Force on Diversity, Equity, and Inclusion (the “Task Force”)

The Task Force seeks to make a formal recommendation to the above listed City officials and committees regarding our City’s model of electing its Chief of Police.

In response to the national call for police use of force reform, the City Council of the City of Santa Clara charged this Task Force with engaging in an open dialogue, seeking community input, and making recommendations on government policies, structures, and services. This mandate requires the Task Force to diligently engage with community members, local nonprofit organizations, and city agencies (including the police department). To this end, the Task Force approved a policing subcommittee, to be run by a subset of its members, to review, engage in conversations with the police department, and make recommendations to the full Task Force on its findings. The policing subcommittee has attended over 15 hours of trainings with the police department, gained additional in-person experience with officers on duty, and engaged in a series of policy conversations with the Chief of Police and the Assistant Chiefs. During this review process, the Task Force reviewed police department policies and learned about ways in which Santa Clara differentiates itself from other cities.

To be sure, the Task Force will undoubtedly have numerous constructive critiques of our police department in addition to formal positions reaffirming what the police department is doing well.

The Task Force sees its role as reaffirming aspects of city governance and policing that reinforce and promote openness, accountability, transparency, and equity, as well as identifying those aspects that detract from our City’s equity goals. Having fully considered its mission, charge, and the diligent review of its policing subcommittee, the Task Force seeks to formally recommend that the City preserve, reinforce, and celebrate its commitment to having an elected Chief of Police, given this structure’s benefits in ensuring access, accountability, and ultimately in promoting equity for the City’s residents.

Following the police subcommittee’s report and the Task Force’s evaluation, it is our formal opinion that having an elected Chief of Police promotes access, accountability, and equity.

Residents get to choose who represents them as Chief of Police and prospective Chief candidates must make their case to residents every [4] years on why they are the person to protect public safety and provide for equitable and fair policing. It is no accident that Santa Clara was the first City in the Bay Area to create a Task Force focused primarily on policing. In the wake of the murder of George Floyd, cities across our state vowed to make reforms, but few if any saw a Chief of Police openly advocate for the creation of a citizen’s commission to lead this effort. Our Chief of Police is particularly incentivized to open the doors of his or her department to the public, and in this case, a citizen’s Task Force, because he or she knows that the voters are watching and the voters know who to hold accountable at the ballot box if the department is not receptive to community feedback and lacks transparency. In contrast, an appointed Chief of Police would be insulated from accountability and lack tangible incentives to open their doors to the public and to the scrutiny of a citizen’s Task Force. The accountability that our structure of an elected Chief of Police affords is a direct cause of the continued cooperation of the Santa Clara Police Department with the review and scrutiny of our Task Force.

The Task Force, following the diligent review of its police subcommittee, its engagement with local nonprofits and community groups, and its continuing dialogue with city agencies (particularly the Santa Clara Police Department) seeks to reaffirm our City’s structure of electing our Chief of Police and seeks to recognize the accountability, and ultimately the cooperation and receptiveness to public feedback, that results from this structure. Such accountability and openness to public scrutiny is critical to any effort, now or in future years, to realize the City of Santa Clara’s equity goals.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-1311 Agenda Date: 11/8/2021

REPORT TO TASK FORCE ON DIVERSITY, EQUITY, AND INCLUSION

SUBJECT
Background Information on the Elected Police Chief and City Clerk Positions

BACKGROUND
At the September 13, 2021 Task Force on Diversity, Equity, and Inclusion (Task Force) meeting, Chair Neil Datar reported on the Policing and Community Engagement/Relations Subcommittee’s (Subcommittee) recent work with the Police Department. The Task Force raised an interest in discussing the elected Chief of Police and City Clerk positions and voted to add a discussion to their next meeting agenda.

At the October 18, 2021 Task Force special meeting, the City Manager reported that she had some concerns with this topic coming forward to the Task Force since the City Council directed staff to bring this discussion to their 2022 Priority Setting Session. The City Manager also noted that she would need to consult with the City Attorney’s Office regarding her concerns and would report back to the Task Force. She also committed to providing background information on the elected Chief of Police and elected City Clerk.

Concerns were raised about the Task Force taking a position on a matter that is before the Council as a potential ballot measure in November 2022 and how this action departs from the role of Council directed advisory bodies that could be perceived as a political position. It is not a practice for Council directed advisory bodies to act on ballot measures or political positions and this matter would need to be referred to the full Council in a public session to determine how to proceed.

On November 2, Chair Datar requested that a letter, drafted by the Subcommittee, regarding taking a position on the elected status of the police chief be placed on the agenda for the November 8 Task Force meeting. At this time, staff is unable to place this item on the agenda for discussion for the reasons noted in this report.

DISCUSSION
As the City Manager reported at the last Task Force meeting, the City Council has placed, on its February 2022 Priority Setting Session, a discussion of the Elected Chief of Police and City Clerk for potential ballot measures for November 2022.

Here is a link to the August Priority Setting Session report:
<https://santaclara.legistar.com/LegislationDetail.aspx?ID=5084241&GUID=5E0A501C-3885-4304- BD0A-846BCAA79B21&FullText=1>
Given that this is a policy discussion that the Council has indicated it will discuss and that staff has not received any direction to move forward with community outreach on this topic, it would be City of Santa Clara Printed on 11/5/2021Page 1 of 3
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inappropriate for any council appointed board, commission, or taskforce to take this topic up prior to the Council’s policy deliberation.

In addition to pre-empting Council discussion, placing a position on the Task Force agenda regarding the elected Chief of Police position also preempts any public input. The Task Force’s Mission Statement requires making recommendations to Council: “through an open dialogue with the communities of Santa Clara and directed by community input. ” Placing a position on the Task Force agenda regarding the elected Chief of Police preempts public input on the topic and is not consistent with its established Mission Statement requirements.

Lastly, if the Task Force takes a formal position at this stage without substantive Council discussion or public input, it could, and more likely will, be perceived as taking a political position, which is not the purpose of the Task Force.

Background Information
As background, staff has included links and reports of information related to the two positions.

The 2017 Charter Review Committee was appointed to evaluate the City's at-large by-seat election method of Council Members and to make a recommendation regarding district or other methods of election to the City Council. In addition, the Charter Review Committee was directed to seek other potential charter amendments from the community. Page 3 of their final report lists these items and also notes the Charter Review Committee’s recommendation on the elected police chief position.

The final report from the Charter Review Committee Can be found here:
<https://www.santaclaraca.gov/home/showpublisheddocument/55770/636489532058170000> On March 29, 2018, the City Council held a Study Session on the roles, responsibilities, and qualifications of a professional City Clerk.

The Study Session can be viewed here:
<http://santaclara.granicus.com/MediaPlayer.php?view_id=1&clip_id=94> .

Master Municipal Clerks Dawn Abrahamson and Lee Price presented detailed information on the profession. The PowerPoint presentation is included with this report as Attachment 1. The report to Council and the final Ordinance adopted by City Council that bifurcated the Assistant City Clerk duties and responsibilities from the Elected City Clerk’s duties and responsibilities are included as Attachments 2 and 3.

Charter Sections:
· Section 903 of the Santa Clara City Charter defines the powers and duties of the elected City Clerk and can be viewed here:
https://www.codepublishing.com/CA/SantaClara/#!/SantaClaraCH.html#903 <https://www.codepublishing.com/CA/SantaClara/>.
· Section 906 of the Santa Clara City Charter defines the powers and duties of the Chief of Police and can be viewed here:
https://www.codepublishing.com/CA/SantaClara/#!/SantaClaraCH.html#906 City of Santa Clara Printed on 11/5/2021Page 2 of 3
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21-1311 Agenda Date: 11/8/2021
<https://www.codepublishing.com/CA/SantaClara/>.
· Section 701.1 of the Santa Clara City Charter defines the qualifications for the Chief of the Police and can be viewed here:
https://www.codepublishing.com/CA/SantaClara/#!/SantaClaraCH.html#701.1 <https://www.codepublishing.com/CA/SantaClara/>.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
There is no fiscal impact associated with the preparation of this report other than administrative staff time.

PUBLIC CONTACT
Public contact was made by posting the Task Force on Diversity, Equity, and Inclusion agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Staff makes no recommendation but is prepared to submit this matter to the full City Council for direction.

Approved by: Deanna J. Santana, City Manager
Sujata Reuter, Assistant City Attorney

ATTACHMENTS

1. March 29, 2018 PowerPoint Presentation

2. RTC 18-487 Action on Adoption of Ordinance No. 1983

3. Ordinance No. 1983
City of Santa Clara Printed on 11/5/2021Page 3 of 3
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From:

Sent:

To:

Cc:

Subject:

Categories:

I\Jeil Datar
Monday , December 13, 2021 12:30 PM
Mayor and Council
Lisa Gillmor; Joyce Davis
Request to move up agenda item
Red Category
Can we please move up the agenda iten, on the elect ed chief letter to early in council agenda? Many of our task force membe rs have work in the mornin g and wou ld be unable to atten d later in the meeting .

Best,
Neil

POST MEETING MATERIAL
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-129 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on October 26, 2021 Council & Authorities Concurrent and Special Stadium Authority Meeting, November 9, 2021 Council & Authorities Concurrent and Special Stadium Authority Meeting, and November 16, 2021 Joint Council & Authorities Concurrent and Stadium Authority Meeting

COUNCIL PILLAR
Enhance Community Engagement and Promote Transparency

RECOMMENDATION
Approve the Meeting Minutes of:

October 26, 2021 - Council & Authorities Concurrent and Special Stadium Authority Meeting; November 9, 2021 - Council & Authorities Concurrent and Special Stadium Authority Meeting; and November 16, 2021 Joint Council & Authorities Concurrent and Stadium Authority Meeting City of Santa Clara Printed on 1/20/2022Page 1 of 1
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City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent and
Call and Notice of Special
Santa Clara Stadium Authority Meeting
Draft
4:30 PM Virtual Meeting
Closed Session 4:30 PM
Open Session 7:00 PM
10/26/2021
Pursuant to California Government Code section 54953(e) and City of Santa Clara Resolution 21-9013, the City Council meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected]
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on October 26, 2021, at 4:30 p.m. for a Special Meeting to be held virtually via Zoom, to consider the following matter(s) and to potentially take action with respect to them.
4:30 PM CLOSED SESSION
Call to Order
Mayor/Chair Gillmor called the meeting to order at 4:33 PM.

Roll Call
Council/Boardmember Kathy Watanabe, Vice Mayor/Chair Raj Chahal, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Council/Boardmember Suds Jain, Council/Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 7 -

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Public Comment
None.

1.A 21-1512 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representative: Deanna J. Santana, City Manager (or designee) Employee Organization(s):

Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171 Unit #2-Santa Clara Police Officer’s Association
Unit #3-IBEW Local 1245 (International Brotherhood of Electrical Workers) Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #6-AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9-Miscellaneous Unclassified Management Employees Unit #9A-Unclassified Police Management Employees
Unit #9B-Unclassified Fire Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees Association)

1.B 21-1529
Conference with Legal Counsel-Existing Litigation (SA)
Pursuant to Gov’t Code § 54956.9(d)(1)
Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Demand for Arbitration through JAMS, 07/26/2019

1.C 21-1531
Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances: Pursuant to Gov. Code § 54956.9(e)(1) - Not disclosed on agenda
Convene to Closed Session
Council convened to Closed Session at 4:34 PM and reconvened to Open Session at 8:07 PM.
7:00 PM COUNCIL REGULAR and SPECIAL STADIUM AUTHORITY MEETING Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.

Council/Boardmember Hardy recited the Statement of Values.

Assistant City Clerk/Secretary Pimentel recited the AB 23 Announcement and Statement of Behavioral Standards.

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REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Chief Assistant City Attorney Reuter noted that there was no reportable action from Closed Session.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

2. 21-1537 Action to Defer the Adoption and Certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring and Reporting Program; and Architectural Approval of a Data Center project located at 1200-1310 Memorex Drive to a Future Date
Recommendation:

Defer the Adoption and Certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring and Reporting Program; and Architectural Approval of a Data Center project located at 1200-1310 Memorex Drive to a Future Date
Council questions followed.

City Manager Santana addressed Council questions.

Public Speaker(s): James Sam G
Yan
Alli
Joe
Zsea Bowmani
City Manager Santana and Director of Community Development Crabtree addressed Public comments and questions.

A motion was made by Councilmember Jain, seconded by
Councilmember Park, to defer the adoption and certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring and Reporting Program; and Architectural Approval of a Data Center project located at 1200-1310 Memorex Drive to a future date.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, and Mayor Gillmor 6 -
Nay: Councilmember Becker1 -
City Manager Santana noted that the following items are time- sensitive and need to be heard this evening:

Items 4, 5.C, 5.E, and 5.G.

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SPECIAL ORDER OF BUSINESS

3.A 21-0005 Proclaim November 2021 as Sikh Awareness and Acceptance Month

3.B 21-1255

3.C 21-1429
Council proclaimed November 2021 as Sikh Awareness and Acceptance Month and presented the proclamation to Harbir Bhatia on behalf of Silicon Valley Gurdwara.

Harbir Bhatia gave a PowerPoint Presentation on Sikh Awareness.

Vice Mayor Chahal and Councilmember Becker expressed gratitude for the Sikh Community and their contributions to the City of Santa Clara.

Proclaim Family Court Awareness Month
Council proclaimed November 2021 Family Court Awareness Month.

Mayor Gillmor presented the proclamation to Tina Swithin (Founder - Family Court Awareness Month).

Verbal Report from City Manager regarding COVID-19 Pandemic City Manager Santana provided the following PowerPoint Presentation on the COVID-19 Pandemic:
- Reported on the first storm of the season with record setting rain and expressed gratitude to staff that responded to the power outages, flooding, debris removal and down trees;
- Public welcomed back to City Hall beginning October 4, 2021; - Provided an update on COVID-19 cases, hospital capacity, testing, and vaccination rates; and
- Provided an update on Emergency Rental Assistance Program.

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3.D 21-1430 Verbal Report Update from City Manager Regarding the Local Drought Emergency
City Manager Santana provided a PowerPoint Presentation on the Local Drought Emergency.

Council comments and questions followed.

City Manager Santana addressed Council questions.

Public Speaker(s): Vanessa L
Tao
Karanbir S Sekhon
Harpreet

STUDY SESSION

4. 21-1525 Presentation on Business Tax Ballot Measure and Other Potential Revenue Measures for November 2022 Ballot (Deferred from October 19, 2021) Recommendation:

1. Provide feedback on key priorities for the development of recommendations on possible alternative tax structures for future Council consideration; and

2. Review and direct staff to explore other potential revenue measures to be placed on the November 2022 ballot.

Director of Finance Lee gave a Powerpoint Presentation.

Council comments and questions followed.

Director of Finance Lee addressed Council questions.

Public Speaker(s): Yan
Christian Pellechia
Edward Strine
Tao
Council comments and questions followed.

Director of Finance Lee and City Manager Santana addressed Council questions.

A motion was made by Councilmember Watanabe, seconded by Mayor Gillmor, to add new a Council Key Priority: to make sure to keep Santa Clara business-friendly.

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Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

CONSENT CALENDAR

5.A 21-537
A motion was made by Council/Boardmember Hardy, seconded by Vice Mayor/Chair Chahal, to approve the Consent Calendar.

Action on Meeting Minutes of July 6, 2021 Council & Authorities Concurrent Meeting and July 13, 2021 Joint Council & Authorities Concurrent and Stadium Authority Meeting
Recommendation: Approve the Meeting Minutes of July 6, 2021 Council & Authorities Concurrent Meeting and July 13, 2021 Joint Council & Authorities Concurrent and Stadium Authority Meeting.5.B 21-21
A motion was made by Councilmember Hardy, seconded by
Vice Mayor Chahal, to approve staff recommendation.

Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Board of Library Trustees - September 13, 2021
Youth Commission - September 14, 2021
Parks & Recreation Commission - September 21, 2021
A motion was made by Councilmember Hardy, seconded by
Vice Mayor Chahal, to approve staff recommendation.

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5.C 21-1042 Action to Authorize the City Manager to Negotiate and Execute a Digital Services Agreement with Siemens Industry, Inc.

Recommendation: Authorize the City Manager to:

1. Negotiate and execute a Digital Services Agreement with Siemens Industry, Inc. for an initial term of five years for professional services to upgrade the EnergyIP (EIP) Meter Data Management (MDM) software system plus subscription (license) and support fees not to exceed $1,200,000, subject to the appropriation of funds;

2. Execute five additional one-year options to extend the initial term of the agreement for ongoing subscription (license) and support fees, subject to the appropriation of funds; and

3. Add or delete licenses and services consistent with the scope of the agreement and allow future rate adjustments subject to request and justification by Siemens Industry, Inc., approval by the City, and the appropriation of funds.

5.D 21-1049
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.

Action on Amendments to Agreements with Smart Energy Systems, Inc. and InfoSend, Inc. for a Customer Service Portal and Bill Print and Mail Services, respectively
Recommendation: 1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Smart Energy Systems, Inc. for a cloud-hosted Customer Self-Service Portal to extend the term of the agreement by three years ending on December 31, 2024 and increase maximum compensation by $396,194 for a revised not to exceed amount of $1,653,343, subject to the appropriation of funds;

2. Authorize the City Manager to execute future amendments to the agreement with Smart Energy Systems, Inc. to extend the term and adjust compensation in the event staff’s estimates of usage are exceeded and to cover any changes to system requirements, subject to the appropriation of funds; and

3. Authorize the City Manager to execute Amendment No. 3 to the Agreement with InfoSend, Inc. for Bill Print and Mail Services to extend the term of the agreement by two years ending on June 30, 2024, and increase maximum compensation by $680,000 for a revised not to exceed amount of $2,380,000, subject to the appropriation of funds.

A motion was made by Councilmember Hardy, seconded by
Vice Mayor Chahal, to approve staff recommendation.

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5.E 21-1413 Action on an Agreement for Services with Hill Brothers Chemical Company for As-Needed Ammonia Delivery and Related Services
Recommendation: 1. Authorize the City Manager to execute an Agreement for Services with Hill Brothers Chemical Company for as-needed ammonia delivery and related services, for a term starting on or about November 1, 2021 and ending on or about October 31, 2026, for a total maximum amount not-to-exceed $1,500,000 during the initial five-year term, subject to the annual appropriation of funds;

2. Authorize the City Manager to make minor changes to the attached Agreement for Services subject to approval of the City Attorney as to form;

3. Authorize the City Manager to execute up to five one-year options to extend the term of the Agreement for Services after the initial term, ending on or about October 31, 2031, assuming all options are exercised, and subject to the annual appropriation of funds; and

4. Authorize the City Manager to take actions to add or delete services consistent with the scope of the Agreement for Services and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds.

5.F 21-1274
A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.

Action on an Agreement with First Shield Security and Patrol, Inc. for Citywide Security Guard Services
Recommendation: 1. Authorize the City Manager to execute an agreement with First Shield Security and Patrol Inc. to provide security guard services at sites managed by the Department of Public Works for a not-to-exceed amount of $656,543 during the initial three-year term and subject to the appropriation of funds;

2. Authorize the City Manager to execute an agreement with First Shield Security and Patrol Inc. to provide security guard services at sites managed by the Parks & Recreation Department, for a not-to-exceed amount $801,000 during the initial three-year term and subject to the appropriation of funds;

3. Authorize the City Manager to amend or execute additional agreement(s) with First Shield Security and Patrol Inc. for additional sites that may be required, subject to the same terms and conditions and appropriation of funds; and

4. Authorize the City Manager to execute up to five one-year options to extend the term of the Agreements after the initial three-year term, for a total of eight years ending on or about October 31, 2029 assuming all option years are exercised and subject to the appropriation of funds.

A motion was made by Councilmember Hardy, seconded by
Vice Mayor Chahal, to approve staff recommendation.

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5.G 21-1181 Action on Historic Resource Inventory Property Designation and Historic Preservation Agreement (Mills Act Contract) for 794 Park Court Recommendation: 1. Add the subject property to the City’s Historic Resource Inventory (HRI); and

2. Authorize the City Manager to execute a Historic Preservation Agreement (Mills Act Contract) including a 10-Year Restoration and Maintenance Plan for the property at 794 Park Court with property owner Megan L. Carter.

Mayor Gillmor abstained from this item, as she owns property within 1000 ft. of the subject item.

A motion was made by Councilmember Hardy, seconded by Vice Mayor Chahal, to approve staff recommendation.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, and
Councilmember Becker
6 -
Abstained: Mayor Gillmor1 -

5.H 21-1201
Action to Adopt Resolution to Set the Regular Meeting Schedule and Dates of the Board of Library Trustees for Calendar Year 2022 Recommendation:

Adopt the attached resolution setting the 2022 Calendar of Regular Meetings for the Board of Library Trustees.

A motion was made by Councilmember Hardy seconded by Vice Mayor Chahal, to adopt Resolution No. 21-9016, setting the 2022 calendar of Regular Meetings for the Board of Library Trustees.

SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR

6. Action on Request submitted by the Stadium Manager to Award Purchase Order to EYEP Solutions, Inc. for Genetec Omnicast Training and Synergic Technical Certification
A. 21-1465 Request from the Stadium Manager to Award Purchase Order to EYEP Solutions, Inc. for Genetec Omnicast Training and Synergic Technical Certification

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B. 21-14660 Report from the Stadium Authority Regarding Stadium Manager’s Request to Award Purchase Order to EYEP Solutions, Inc. for Genetec Omnicast Training and Synergic Technical Certification
Recommendation:

1. Approve the Stadium Manager’s request to award a purchase order to EYEP Solutions, Inc. for Genetec Omnicast training and Synergic Technical Certification, in the amount of $5,520, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.

A motion was made by Boardmember Hardy, seconded by
Vice Chair Chahal, to approve staff recommendation.

Mayor Gillmor called for a recess at 10:35 PM and reconvened the meeting at 10:45 PM.

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Meeting Minutes

PUBLIC PRESENTATIONS
Public Speaker(s): Hotin Zhong
Pat Calhoun
Jenny
Joyce H
Stella
Mandy
Tata
Saurabh Mutha
Steven
Kimberly
Chen
Jamie
Lizzie
Sam G
Evelyn
Bo Pan
Alex Wan
Alex Chan
Louis
Edward Strine
Yang Meghan
Chenglong Wei
Mel Foody
Danny
Jason
Alick
Skyler
Wayne
Tao
Amy Yu
Yan
Yvette
Henry Lao
City Manager Santana and Director of Community Development Crabtree provided an overview on the Project HomeKey and federal funding for homeless housing process.

Council questions and comments followed.

Director of Community Development Crabtree addressed Council and Public questions.

Council comments followed.

CONSENT ITEMS PULLED FOR DISCUSSION
None.

PUBLIC HEARING/GENERAL BUSINESS

7. 21-14001 Discussion and Possible Direction on Consideration of the Sale of the Loyalton Ranch Property
Recommendation: Staff has no recommendation and is seeking Council direction on whether additional steps toward the sale of the Loyalton Ranch Property should be implemented.

A motion was made by Councilmember Jain, seconded by
Councilmember Park, to postpone this item to a future meeting.

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Meeting Minutes

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
21-1122
Informational Report Regarding an Amendment to the Santa Clara Police Department’s Automated License Plate Reader (ALPR) Policy Recommendation:

Note and file Information Report.

Chief of Police Nikolai gave a PowerPoint Presentation.

A motion was made by Councilmember Jain, seconded by
Councilmember Park, to note and file the Informational Report regarding an amendment to the Santa Clara Police Department's Automated License Plate Reader (ALPR) Policy.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Mayor Gillmor noted her attendance at the Children's Business Fair at Live Oak Park.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
None.

The meeting was adjourned at 12:25 AM in memory of Geraldine "Jerry" Ann Lynch Weiss (Mother of Former Senior Advisory Commissioner Bobbi Estrada).

A motion was made by Councilmember Park, seconded by Vice Mayor Chahal, to adjourn the meeting.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
21-1551
Adjournment of the October 26, 2021 City Council and Stadium Authority Meeting Post Meeting Material
The next regular scheduled meeting is on Tuesday evening, November 9, 2021.

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Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent Meeting
Call and Notice of Special Meeting
Santa Clara Stadium Authority
Draft
5:00 PM
Virtual Meeting
5:00 PM Closed Session
6:00 PM Open Session
11/09/2021
Pursuant to California Government Code section 54953(e) and City of Santa Clara Resolution 21-9013, the City Council meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected]
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on November 9, 2021, at 5:00 pm for a Special Meeting to be held virtually via zoom, to consider the following matter(s) and to potentially take action with respect to them.
5:00 PM CLOSED SESSION
Call to Order
Mayor/Chair Gillmor called the meeting to order at 5:00 PM.

Roll Call
Council/Boardmember Kathy Watanabe, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Council/
Boardmember Suds Jain, Councilmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 6 -

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Absent: 1 - Vice Mayor /Chair Raj Chahal
21-1618 Request for Excused Absence - Vice Mayor Raj Chahal Post Meeting Material
A motion was made by Councilmember Park, seconded by
Councilmember Hardy, to excuse Vice Mayor/Chair Chahal from the meeting.

Aye:

Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/Boardmember Park, Council/Boardmember Jain, Council/ Boardmember Becker, and Mayor/Chair Gillmor
6 -

Absent: 1 - Vice Mayor/Chair Chahal
Public Comment
None.

1.A 21-1565 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
City of Santa Clara v. Dollinger Lafayette Associates, et al., Santa Clara County Superior Court Case Number 20CV374460

1.B 21-1566
Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
City of Santa Clara v. WESCO Properties, Inc., et al., Santa Clara County Superior Court Case Number 21CV380278
Convene to Closed Session
Council convened to Closed Session at 5:05 PM and reconvened the meeting at 6:02 PM.
6:00 PM COUNCIL REGULAR AND SPECIAL STADIUM AUTHORITY MEETING Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.

Councilmember Hardy recited the Statement of Values.

Assistant City Clerk Pimentel recited the AB23 Announcement and Behavioral Standards.

Assistant City Clerk Pimentel reminded any registered Lobbyist to identify themselves as such and they are representing/testifying on behalf of.

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CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
City Manager Santana noted the following items are time-sensitive items and must be heard this evening: Item 3, 5.A, 5.B, 7 and 8.

City Manager Santana noted that Written Petitioner Brian Doyle requested to defer Item 9.

Mayor Gillmor noted that Item 7 will be heard after the Study Session.

SPECIAL ORDER OF BUSINESS

2. 21-1567 Proclamation of United Against Hate Week 2021 Mayor Gillmor proclaimed November 14-21, 2021 as United Against Hate Week.

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3. 21-1320 Study Session on the City Activity to Address an Unhoused Population:

California Department of Housing and Community Development’s (HCD) Project HomeKey and Provision of Basic Services for the City's Unhoused Recommendation: The purpose of this report is to support a Study Session on this topic and to receive input from the City Council on further policy development.

Possible next steps for Council consideration are discussed in the report.

Housing & Community Services Division Manager Veach gave a PowerPoint Presentation regarding City activity to address an unhoused population: Project HomeKey and Basic Services for the City's Unhoused.

Alicia Klein (Associate Director of Real Estate Development - RCD),

JoAnne Price (Vice President, Real Estate & Operations, LifeMoves), Joe Stockwell (Chair, LifeMoves Board), Brian Greenberg (Vice President, Programs and Services) with LifeMoves gave a PowerPoint Presentation and Officer McPherson with City of Mountain View Police Department.

Councilmember Jain noted he as well as Councilmembers Becker and Park visited the Lifemoves Facility this past weekend and shared photos taken of the facility.

Council comments and questions followed.

Housing & Community Services Division Manager Veach, Director of Community Development Crabtree, City Manager Santana, Director - Office of Supportive Housing Consuelo Herndanez (Santa Clara County), Alicia Klein (Associate Director of Real Estate Development - RCD, JoAnne Price (Vice President, Real Estate & Operations, LifeMoves), and Assistant Chief of Police Rush addressed Council questions.

Public Speaker(s): Bina Khimani Brandon
Tina Nick Wyant
Amy Kelsey Banes
Danny Vanessa Silbermann
Lily Felix Su
Evelyn N Pilar Furlong
Winnie Zeke Sandoval
Paul DuMontelle Mike Serrone
Jonathan van Clute Adrian Covert
Devika Bay Area Council
Sam Anna Marquart
Tata Ratnendra Pandey

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STUDY SESSION
11/09/2021Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes
Sagar Jain
Louis
Helena
White Oak Resident
Rob
Edward Wang
Rose W
Viraj Manjarekar
Brian K
Jeremy
Ning
Angela Rausch
Gail
Megha Sarathy
Chetan
Linda
Amy Yu Fei Han
Todd Langton
Karthikeyan Avudaiyappan
Jessica H
Yan Song
Steven Max Lee
Jennifer J Sahni
Landy Peter
Huang
Rick Gonsalvez
Avner
Julia Liu
Mel
Kat Wortham
Oak - Steven
Nimish
Roy
Allen Liou
Selina
Kelvin Lo
Deepa
Jenny
Emily Ann Ramos
Nikki
Neil Park McClintick
Zoe
Jordan Grimes
Haley Hanstad
Yoshika
Sarah Y
Alice Houston
Clara
Sia
Ginseng Y
Yu Lim
Vijay Smith
#3074
Antonio
Amy Lindsy Caprice
Alex Kate C
Alex Chan Jon Pedigo
Silbermann Studios
Mayor Gillmor called for a recess at 9:30 PM and reconvened the meeting at 9:40 PM.

Public Speaker(s): Kevin Ma William Huang
Salim
Malkiel
Alex Shoor
Paco
Jeff
Edward Strine
Jolin
Haoming
WOL Resident
Saurabh
SF - Lilian
Pat Calhoun
Natasha Evie

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11/09/2021Council and Authorities Concurrent
Meeting
Meeting Minutes
Vivian
Alexis
Bassam & Dolly
Tabbara Ruoyu Zhang
Selin
Nitin
Narottam
Jasmine
Caitlin
Kate
Emma
Peggy
Shweta
Faaiza,
Jessica
Sukrit Ganesh (E-Mail)
Katie Fantin (E-Mail)
Tran
David Watson
Kaleb
Tina
Noah McDonald Raquel
Louie
Alex Melendrez Ankush
Gupta
#4379
James
Scott O'Neil
Larry
George P
Gol
Ethan
Barbara Gasdick (E-Mail)
Leland Tsai (E-Mail)
(E-Mail) Alexa Kaskowitz
Catherine H (E-Mail)
Soujanya Shankaranarayana (E-Mail)
Council comments and questions followed.

A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to (1) suggest that HomeKey look for alternate sites in the City of Santa Clara that are not as expensive and location that has a better fit; and (2) direct staff to issue an RFP for basic hygiene resources including bathrooms, showers and laundry services.

Councilmember Watanabe noted that she visited both potential HomeKey sites.

Councilmember Jain requested a friendly amendment to the motion on the table: Direct staff to continue discussions with LifeMoves regarding the other suitable sites, including the proposed White Oaks Lane site, include community outreach to Safe Santa Clara County and Homeless Initiatives, additional staff analysis of the financial feasibility of the project, and consideration of the City's co-applicant status.

Councilmember Hardy did not accept the friendly amendment.

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Public Speaker(s): Bina Khimani
A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to (1) suggest that HomeKey look for alternate sites in the City of Santa Clara that are not as expensive and location that has a better fit; and (2) direct staff to issue an RFP for Basic hygiene resources including bathrooms, showers and laundry services.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Excused: Vice Mayor Chahal1 -

REPORTS OF ACTIONS TAKEN IN CLOSED SESSION
Chief Assistant City Attorney Reuter noted that there was no reportable action from Closed Session.

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7. 21-1246 Action on the Adoption and Certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring or Reporting Program; and Architectural Approval of a Data Center project located at 1200-1310 Memorex Drive
Recommendation:

Alternatives 1 & 4

1. Adopt a resolution approving and certifying the Final Environmental Impact Report prepared for the demolition of the existing buildings located at 1200-1310 Memorex Drive and the construction of a new data center project, including CEQA Findings, a statement of overriding considerations, and a Mitigation Monitoring or Reporting Program; and

4. Adopt a resolution to approve the architectural review for the 1200 Memorex Data Center located at 1200-1310 Memorex Drive.

Director of Community Development Crabtree and Assistant Director of Community Development Brilliot gave a PowerPoint Presentation.

Council comments and questions followed.

Rob Morris - Chief Executive Officer and Co-Founder, Skybox Development LLC (Applicant) gave a PowerPoint Presentation.

Assistant Director of Community Development Brilliot and Rob Morris (CEO and Co-Founder, Skybox Development LLC) addressed Council questions.

Public Speaker(s): Sylvester Ramirez Shawna Alvarado Doug Chessire #3074
Phillip Albanese Chris Albanese
Kiera Mezzetti
Council comments followed.

Councilmember Watanabe noted that she met with Rob Morris and drove around the facility.

Councilmember Jain disclosed that he met with Lobbyist Edesa Bitbadal and Rob Morris.

Councilmember Park also disclosed that he also met with Rob Morris and visited the facility.

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A motion was made by Councilmember Hardy, seconded by
Councilmember Watanabe, to approve Alternative 1 and 4: (1) adopt Resolution No. 9017 approving and certifying the Final
Environmental Impact Report prepared for the demolition of the existing buildings located at 1200-1310 Memorex Drive and the construction of a new data center project, including CEQA Findings, a statement of overriding considerations, and a Mitigation Monitoring or Reporting Program; and (4) adopt Resolution No. 9018 to approve the architectural review for the 1200 Memorex Data Center located at 1200-1310 Memorex Drive.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Excused: Vice Mayor Chahal1 -

CONSENT CALENDAR
Councilmember Becker casted a No Vote on Item 4.F.

Mayor Gillmor casted a No Vote on Item 4.D.

Councilmember Watanabe casted a No Vote on 4.D.

A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Jain, to approve the Consent Calendar.

Aye: Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/Boardmember Park, Council/Board
member Jain, Council/
Boardmember Becker, and Mayor/Chair Gillmor
6 -
Excused: 1 - Vice Mayor /Chair Chahal

4.A 21-22 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Bicycle and Pedestrian Advisory Committee - August 23, 2021 Planning Commission - September 22, 2021
Planning Commission - October 13, 2021
Cultural Commission - October 4, 2021
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

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4.B 21-6847 Action on Bills and Claims Report (CC) for the Period August 28, 2021 - September 24, 2021
Recommendation: Approve the list of Bills and Claims for August 28, 2021 - September 24,

4.C 21-1173
2021.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action on Monthly Financial Status and Investment Report for July and August 2021 and Approve Related Budget Amendments
Recommendation: Note and file the Monthly Financial Status and Investment Reports for July

4.D 21-1539
2021 and August 2021 as Presented and Approve Related Budget Amendments in various funds requiring five affirmative votes and consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” as noted for each individual item in Attachment 5.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action on a Budget Amendment for Revisions to the El Camino Real Specific Plan
Recommendation: Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the FY 2021/22 budget amendment in the General Fund to increase the Community Development Department appropriation by $1,000,000 and decrease the Land Sale Reserve by $1,000,000 (five affirmative Council votes required for the use of unused balances).

Mayor Gillmor casted a No Vote on Item 4.D.

Councilmember Watanabe casted a No Vote on 4.D.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Aye: Councilmember Hardy, Councilmember Park, Councilmember Jain, and Councilmember Becker
4 -

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Nay: 2 - Councilmember Watanabe and Mayor Gillmor
Excused: 1 - Vice Mayor Chahal

4.E 21-1370
The motion fails on this item due to four votes (five votes - majority required).

Action on Amendment No. 3 to the Agreement with Mintier Harnish, LP, for Preparation of the Zoning Code Update
Recommendation: Approve and authorize the City Manager to execute Amendment No. 3 to

4.F 21-1470
the Agreement for the Performance of Services with Mintier Harnish, LP, for preparation of the Zoning Code Update to extend the termination date to December 31, 2022.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action on an Agreement Containing Covenants and Restrictions with SANTANA TERRACE SENIORS, LLC for Project Located at 190 N.

Winchester Boulevard
Recommendation: 1. Approve and authorize the City Manager to execute the Agreement Containing Covenants and Restrictions with SANTANA TERRACE SENIORS, LLC for the Project located at 190 N. Winchester Boulevard; and

2. Authorize the recordation thereof.

Councilmember Becker casted a No Vote on Item 4.F.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Councilmember Jain, and Mayor Gillmor
5 -
Nay: Councilmember Becker1 -
Excused: Vice Mayor Chahal1 -

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4.G 21-1268 Action on an Agreement with Maze & Associates Accounting Corporation for Audit of the City’s Annual Financial Report
Recommendation: 1. Authorize the City Manager to execute an agreement and engagement letters with Maze & Associates Accounting Corporation to audit the City’s Annual Financial Report for five fiscal years, with the initial year ending on June 30, 2022, with maximum compensation not-to-exceed $703,427 and subject to the appropriation of funds; and

2. Authorize the City Manager to negotiate and execute amendments to the Agreement to provide additional services as required, subject to the appropriation of funds.

4.H 21-1135
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action on a Memorandum of Understanding Between the City of Santa Clara and the Silicon Valley Central Chamber of Commerce for a Partnership to Support Small Businesses in Santa Clara
Recommendation: Authorize the City Manager to execute a Memorandum of Understanding

4.I 21-1351
between the City of Santa Clara and the Silicon Valley Central Chamber of Commerce for a partnership to support small businesses in Santa Clara.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action on the Task Force on Diversity, Equity, and Inclusion’s Recommended Appointment to Current Member Vacancy
Recommendation: Appoint Gustavo Rangel to the current member vacancy on the Task Force on Diversity, Equity, and Inclusion (Task Force) as recommended by the Task Force.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

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4.J 21-512 Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations
Recommendation: Adopt a Resolution authorizing the use of City Electric Forces at 2233 Calle de Mundo, 1550 Space Park Drive, 714 Valley Way, 2375 Pilot Knob, 3234 Martin Avenue, 2870 El Camino Real, 2415 Armstrong Place, 687 Fallon Avenue, 653 Park Court, 2517 Brannan Place, Lawson Lane, 2478 Moraine Drive, 2233 Calle de Mundo, and 2499 Homestead Road.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to adopt Resolution No. 21-9020
authorizing the use of City Electric Forces at 2233 Calle de Mundo, 1550 Space Park Drive, 714 Valley Way, 2375 Pilot Knob, 3234 Martin Avenue, 2870 El Camino Real, 2415 Armstrong Place, 687 Fallon Avenue, 653 Park Court, 2517 Brannan Place, Lawson Lane, 2478 Moraine Drive, 2233 Calle de Mundo, and 2499 Homestead Road.

SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR

5. Action on Request submitted by the Stadium Manager to Execute Agreements with Hellmuth, Obata & Kassabaum, Inc., HKS Architects, Inc., M. Arthur Gensler Jr. & Associates, Inc., and Populous, Inc. for Architectural and Engineering Professional Services
A. 21-1467
Request from the Stadium Manager to Execute Agreements with Hellmuth, Obata & Kassabaum, Inc., HKS Architects, Inc., M. Arthur Gensler Jr. & Associates, Inc., and Populous, Inc. for Architectural and Engineering Professional Services

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B. 21-1468 Report from the Stadium Authority Regarding the Stadium Manager’s Request to Execute Agreements with Hellmuth, Obata & Kassabaum, Inc., HKS Architects, Inc., M. Arthur Gensler Jr. & Associates, Inc., and Populous, Inc. for Architectural and Engineering Professional Services Recommendation:

1. Approve the Stadium Manager’s request to execute Master Agreements with Task Order Forms with Hellmuth, Obata & Kassabaum, Inc., HKS Architects, Inc., M. Arthur Gensler Jr. & Associates, Inc., and Populous, Inc. with a term ending on November 14, 2026 and for a maximum aggregate amount of $1M per contract year and maximum aggregate amount of $5M over the five year term, subject to the appropriation of funds;

2. Authorize the Stadium Manager to execute task orders to the four firms up to a maximum aggregate amount of $1M per contract year without further Stadium Authority Board action and subject to the appropriation of funds; and

3. Authorize the Executive Director to approve amendments to the maximum aggregate funding amount as needed, subject to the appropriation of funds, without further Stadium Authority Board action.

A motion was made by Boardmember Becker, seconded by
Boardmember Jain, to approve staff recommendation.

A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to defer Item 6 A-D and Item 9 to future a Council and Authorities Concurrent Meeting.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Excused: Vice Mayor Chahal1 -

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8. 21-1469 Adopt a Resolution Approving the California Municipal Finance Authority (CMFA) Issuance of Tax-Exempt Bonds Relating to the Financing of a 59-Unit Multifamily Rental Housing Project for Low-Income Households to be Located in the City of Santa Clara, California at 3941 Stevens Creek Boulevard
Recommendation:

Hold a Tax Equity and Fiscal Responsibility Act public hearing for the issuance of up to $50,000,000 in tax-exempt private-activity bonds by California Municipal Finance Authority (CMFA) for the benefit of CRP Affordable Housing and Community Development LLC.

Director of Community Development Crabtree provided a brief verbal report of the item.

A motion was made by Councilmember Watanabe, seconded by Councilmember Becker, to close the Public Hearing.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Excused: Vice Mayor Chahal1 -
Councilmember Becker noted that he had met with the developer on this project.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adopt Resolution No. 21-9019 approving the Issuance by the California Public Finance Authority of Multifamily Housing Revenue Bonds in an Aggregate Principal Amount not to exceed $50,000,000 for the purpose of Financing or Refinancing the Acquisition and Construction of a Multifamily Rental Housing Facility for the Benefit of CRP Affordable Housing and Community Development LLC, and Certain Other Matters Relating Thereto.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Excused: 1 - Vice Mayor Chahal

PUBLIC PRESENTATIONS
Item has been deferred to future a Council and Authorities Concurrent Meeting.

CONSENT ITEMS PULLED FOR DISCUSSION
None.

PUBLIC HEARING/GENERAL BUSINESS

6. Action on Approval of Various Board, Commissions and Committee Governance Items

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A. 21-1523 Information and Update on the Ad Hoc Committee on the Apology Letter Relating to the City’s California Voting Rights Act Litigation Recommendation: 1. Review expanded scope and provide direction on staff resources to support the committee; and

2. Review the provided history and background and provide feedback on what should be posted on the Open City Hall survey as a history.

B. 21-1435 Introduction of Ordinance to Amend Chapter 2.120, Entitled Boards and Commissions, to Update Boards and Commission Members
Qualifications and Create the City’s Housing Commission and Establish the Powers, Functions, and Duties of the Commission; Direction About the Formation of a Homelessness Taskforce
Recommendation: 1. Direct Staff on the formation of an Ad Hoc Homelessness Taskforce; and

2. Approve the Introduction of an Ordinance to amend Chapter 2.120, entitled Boards and Commissions, to add the City’s Housing Commission and establish the powers, functions, and duties of the commission with the Commission to begin activity after conclusion of the Ad Hoc Homelessness Taskforce.

C. 21-785
Action on Formalization of the Bicycle and Pedestrian Advisory Committee Recommendation: Alternatives 1, 3, 5, 7 and 9:

1. Modify BPAC membership eligibility to require that applicants must be at least 18 years of age and live or work in the City;

3. Reduce the number of BPAC members from the current maximum of nine members to seven members and phase in this change so no current member loses their position during the current term;

5. Modify how BPAC members are interviewed and appointed similar to other Boards and Commissions by having Council interview applicants and make selections;

7. Continue to require that a Councilmember chair the BPAC; and

9. Direct staff to bring an ordinance and revised BPAC Policy Guidelines formalizing the BPAC for Council consideration.

D. 21-1563 Introduction of Ordinance to Amend Chapter 2.120, Entitled Boards and Commissions, to Update Boards and Commission Members Qualifications
Recommendation: Approve the Introduction of an Ordinance to amend Chapter 2.120, entitled

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Boards and Commissions, to update Boards and Commissions qualifications to be residents of the City instead of qualified electors.

Items 6A-D have been deferred to a future Council & Authorities Concurrent Meeting.

Items 6A-D have been deferred to a future Council & Authorities Concurrent Meeting.

Items 6A-D have been deferred to a future Council & Authorities Concurrent Meeting.

Items 6A-D have been deferred to a future Council & Authorities Concurrent Meeting. 11/09/2021Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes

9. 21-1564 Action on a Written Petition (Council Policy 030) Submitted by Brian Doyle Requesting to Place an Agenda Item at a Future Council Meeting to Discuss FIFA Negotiations
Recommendation: Staff makes no recommendation.

REPORTS OF MEMBERS AND SPECIAL COMMITTEES

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT

Aye: Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/Boardmember Park, Council/Boardmember Jain, Council/ Board
member Becker, and Mayor/Chair Gillmor
6 -
Excused: 1 - Vice Mayor /Chair Chahal
21-1617 Adjournment of the November 9, 2021 City Council and Stadium Authority Meeting Post Meeting Material
The next regular scheduled meeting is on Tuesday evening, November 16, 2021.

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Item 9 has been deferred to a future Council & Authorities Concurrent Meeting.

Item has been deferred to a future Council & Authorities Concurrent Meeting.

Item has been deferred to future a Council and Authorities Concurrent Meeting.

The meeting was adjourned at 12:23 AM in memory of Bruce Myers (Former City of Santa Clara Employee) and Alameda County Supervisor Wilma Chan.

A motion was made by Councilmember Watanabe, seconded by Councilmember Hardy, to adjourn the meeting.
11/09/2021Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting.

In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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MEETING DISCLOSURES
City of Santa Clara
Joint Meeting Minutes
Council and Authorities Concurrent and
Santa Clara Stadium Authority Meeting
Draft
4:30 PM 4:30 PM Closed Session
5:30 PM Study Session
6:30 PM Open Session
11/16/2021
Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 21-9013, the City Council meeting will be held by teleconference only. No Physical location will be available for this meeting; however; the City of Santa Clara continues to have methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected]
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.
4:30 PM CLOSED SESSION
Call to Order
Mayor/Chair Gillmor called the meeting to order at 4:35 PM.

Roll Call
Council/Boardmember Kathy Watanabe, Vice Mayor/Chair Raj Chahal, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Council/Boardmember Suds Jain, Council/
Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 7 -
Public Comment
None.

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1.A 21-1590 Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1)
Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Superior Court Action No 19CV355432 (filed 9/20/19), and Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Demand for Arbitration through JAMS, filed 09/03/2021, consolidated with JAMS No. 110024318

1.B 21-1610
Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representative: Deanna J. Santana, City Manager (or designee) Employee Organization(s):

Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171 Unit #2-Santa Clara Police Officer’s Association
Unit #3-IBEW Local 1245 (International Brotherhood of Electrical Workers) Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #6-AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9-Miscellaneous Unclassified Management Employees Unit #9A-Unclassified Police Management Employees
Unit #9B-Unclassified Fire Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees Association) Convene to Closed Session
Council convened to Closed Session at 4:36 PM and reconvened the meeting at 5:38 PM.
5:30 PM STUDY SESSION

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2. 21-1290 Study Session on a Potential Quiet Zone and Vision Zero Policy Recommendation: There is no staff recommendation.

Director of Public Works Mobeck and Assistant Director of Public Works Liw gave a PowerPoint Presentation on Quiet Zones.

Council questions and comments followed.

Assistant Director of Public Works Liw addressed Council questions.

City Manager Santana requested a recess as there may be a potential conflict of interest with some Councilmembers.

Mayor Gillmor called for a brief recess at 6:00 PM and reconvened the meeting at 6:06 PM.

Councilmember Jain recused himself from discussion on this item due to conflict of interest related to Quiet Zones and left the meeting at 6:06 PM.

Council comments and questions continued.

Assistant Director of Public Works Liw addressed Council questions.

A motion was made by Councilmember Watanabe, seconded by Vice Mayor Chahal, to refer the Potential Quiet Zone discussion to the Council Priority Setting Session in February 2022 and explore any potential funding sources like the Infrastructure Bill or Grant Programs.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Becker, and Mayor Gillmor
6 -
Recused: Councilmember Jain1 -

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Councilmember Jain rejoined the Study Session at 6:28 PM to participate in the discussion on Vision Zero.

Assistant Director of Public Works Liw gave a PowerPoint Presentation on Vision Zero.

Council comments and questions followed.

Assistant Director of Public Works Liw addressed Council questions.

Public Speaker(s): Kirk Vartan
Gabby Landaveri
Debbie Algieri
Jeff Houston
Diane Harrison
Council comments followed.

A motion was made by Vice Mayor Chahal, seconded by
Councilmember Becker, to refer this item (Vision Zero) to Council Priority Setting Session in February 2022 and return to Council with a funding source in the amount of $315,000 prior to the February 2022 Council Priority Setting Session.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
6:30 PM JOINT COUNCIL REGULAR/STADIUM AUTHORITY MEETING Mayor Gillmor called for a recess at 7:11 PM and reconvened the meeting at 7:15 PM.

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Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.

Councilmember Hardy recited the Statement of Values.

Assistant City Clerk Pimentel recited the AB23 Announcement and Statement of Behavioral Standards.

Assistant City Clerk Pimentel noted that any Registered Lobbyist speaking in that capacity must identify themselves as a Registered Lobbyist.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
Chief Assistant City Attorney Reuter noted that there was no reportable action from Closed Session.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
City Manager Santana noted the following items are time-sensitive and must be heard this evening: Items 4.E, 4.G, 4.H, 4.I, 4.J, 4.K, and 5.

SPECIAL ORDER OF BUSINESS

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3.A 21-1601 Verbal Report from City Manager regarding COVID-19 Pandemic Chief Emergency Services Officer Schoenthal provided the following PowerPoint Presentation on COVID-19 Pandemic:
- Seven day rolling average in Santa Clara County is 178 cases; - Hospitals currently have sufficient capacity to treat all patients; - County of Santa Clara and State of California encourage all residents 18 years old and over to receive a booster shot;
- November 10, 2021 State of California extended the state proclamation on COVID-19 Pandemic to March 31, 2022;
-
Assembly Bill 361 recommends continue to remote meetings; - COVID-19 Testing returns to Central Park Library; and - Remote meetings continued to January 22, 2022.

3.B 21-1602

3.C 21-1619

CONSENT CALENDAR
Council comments and questions followed.

Chief Emergency Services Officer Schoenthal and City Manager Santana addressed Council questions.

Public Speaker(s): Kirk Vartan
City Manager Santana addressed Public questions.

Verbal Report Update from City Manager Regarding the Local Drought Emergency
City Manager Santana gave a PowerPoint Presentation on the Local Drought Emergency.

Proclaim Native American Heritage Month
Council proclaimed November as Native American Heritage Month.

Monica Arellano (Tribal Vice Chairwoman - Muwekma Ohlone Tribe of the San Francisco Bay Area) expressed comments of gratitude and provided a verbal report on the Muwekma Ohlone Tribe history.

Public Member Kirk Vartan pulled Item 4.I.

A motion was made by Council/Becker, seconded by
Councilmember Jain, to approve the Balance of the Consent Calendar (except Item 4.I).

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

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4.A 21-23 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

4.B 21-1458
Youth Commission - October 12, 2021
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action on Bills and Claims Report (CC, HA, SCSA, SOSA,) for the period September 25th, 2021 - October 29th, 2021
Recommendation: Approve the list of Bills and Claims for September 25, 2021 - October 29,

4.C 21-1040
2021.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action on a Purchase Order with Applied Computer Solutions (ACS) for Cisco SmartNet License Renewals
Recommendation: 1. Authorize the City Manager to execute the first option to extend the purchase order with Applied Computer Solutions for Cisco SmartNet License Renewals, ending on November 30, 2022, for a total maximum amount not-to-exceed $105,000, subject to the annual appropriation of funds;

2. Authorize the City Manager to exercise up to three remaining options to renew the purchase order with Applied Computer Solutions, ending November 30, 2025, assuming all options are exercised, and subject to the annual appropriation of funds; and

3. Add or delete licenses and services consistent with the scope of the agreement and allow future rate adjustments subject to request and justification by Applied Computer Solutions, approval by the City, and the appropriation of funds.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

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4.D 21-1511 Action on the Approval of FY 21 Edward Byrne Memorial Justice Assistance Grant Funding and Related Budget Amendment
Recommendation: 1. Accept and approve the FY21 Edward Byrne Memorial Justice Assistance Grant funding of $15,931;

2. Consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the related FY 2021/22 budget amendment in the Police Operating Grant Trust Fund to recognize grant revenue in the amount of $15,931 and establish an Edward Byrne Memorial Justice Assistance Grant Program 2021 appropriation in the amount of $15,931 (five affirmative Council votes required to appropriate additional revenue);

3. Authorize the City Manager, Finance Director and Management Analyst to sign grant-related documents;

4. Authorize the Mayor to sign the Certifications and Assurances by the Chief Executive
of the Applicant Government form; and,

5. Authorize the City Manager to execute purchase order(s), subject to the appropriation of funds, to purchase the equipment described above.

4.E 21-1067
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action on a Resolution Amending Rate Schedules for Electric Service for All Classes of Customers, Effective January 1, 2022
Recommendation: Adopt a Resolution amending Rate Schedules for Electric Services for all classes of customers, effective January 1, 2022.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to adopt Resolution No. 21-9021 amending Rate Schedules for Electric Services for all classes of customers, effective January 1, 2022.

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4.F 21-1341 Action on Agreement with Motorola Solutions to upgrade the Neptune Intelligence Computer Engineering (NICE) Local Logging Recorder System Including Three Years of Maintenance and Support Recommendation:

1. Authorize the City Manager to execute an Agreement with Motorola Solutions to upgrade the NICE Local Logging Recorder System, including a maintenance and support contract, for the term starting on or about November 2021 and ending or about November 2024; not to exceed $115,207; and subject to the appropriation of funds;

2. Approve a contingency amount of up to $50,000 to cover any unforeseen circumstances that may arise during the software upgrade, subject to the appropriation of funds; and

3. Authorize the City Manager to extend software maintenance and support beyond the initial three-year term, for as long as the software is in use and maintenance and support is required by the City, subject to the appropriation of funds.

4.G 21-1446
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

Action to Authorize the City Manager to Take All Appropriate Actions Required for Participation in the California Arrearage Payment Program and the California Water and Wastewater Arrearage Payment Program Recommendation: Authorize the City Manager to take all appropriate actions required for participation in the California Arrearage Payment Program and California Water and Wastewater Arrearage Payment Programs, including but not limited to:

1. Execute agreements with the State Community Services and Development Department and the California State Water Resources Control Board on the terms and conditions of receiving program funds; and/or

2. Attest as to the accuracy of the information.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve staff recommendation.

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4.H 21-1487 Action on a Resolution Establishing Silicon Valley Power (SVP) Large Customer Renewable Energy (LCRE) Program - A Voluntary Program for Large Customers to Purchase Additional Renewable Energy Above the Amount of Renewable Energy Already Required in SVP’s Energy Delivery Portfolio
Recommendation:

1. Adopt a Resolution of the City of Santa Clara establishing Silicon Valley Power Large Customer Renewable Energy Program to allow large customers to purchase additional Renewable Energy above the amount of Renewable Energy already required in Silicon Valley Power’s Energy Delivery Portfolio to be effective January 1, 2022; and

2. Delegate authority to the City Manager, or designee, to revise Program procedures as necessary to assure effective Program operation, make adjustments to the Program language on the forms and agreements as needed or as regulatory conditions change, and to execute on behalf of City all Large Customer Renewable Energy Program-related agreements.

4.J 21-791
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to adopt Resolution No. 21-9022 establishing Silicon Valley Power Large Customer Renewable Energy Program to allow large customers to purchase additional Renewable Energy above the amount of Renewable Energy already required in Silicon Valley Power’s Energy Delivery Portfolio to be effective January 1, 2022 and approve staff recommendation.

Waive First Reading and take Action on Introduction of an Ordinance to add Chapter 8.26, Entitled Edible Food Recovery, to Implement Edible Food Recovery Programs and Require Certain Businesses to Arrange for the Donation of Edible Food That Would Otherwise Go to Waste Recommendation: Waive First Reading and Approve the Introduction of an Ordinance to add Chapter 8.26, entitled Edible Food Recovery, to Implement Edible Food Recovery Programs and Require Certain Businesses to Arrange for the Donation of Edible Food That Would Otherwise Go to Waste.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to approve waiving the first reading and Pass to Print Ordinance No. 2035, adding Chapter 8.26, entitled Edible Food Recovery, to Implement Edible Food Recovery Programs and Require Certain Businesses to Arrange for the Donation of Edible Food That Would Otherwise Go to Waste.

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4.K 21-1023 Waive First Reading and Take Action on the Introduction of the Ordinance Amending Chapter 12.35 “Trees and Shrubs” of the Code of the City of Santa Clara to Incorporate New Best Practices and Regulations to Preserve the Urban Forest
Recommendation:

Waive First Reading and Approve the introduction of the Ordinance amending Chapter 12.35, entitled “Trees and Shrubs” to incorporate new best practices and regulations to preserve the urban forest.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain to approve Waiving the First Reading and Pass to Print Ordinance No. 2036, amending Chapter 12.35, entitled “Trees and Shrubs” to incorporate new best practices and regulations to preserve the urban forest.

PUBLIC PRESENTATIONS
None.

CONSENT ITEMS PULLED FOR DISCUSSION

4.I 21-1535 Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency
Recommendation:

Adopt a Resolution finding the continued existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

Public Member Kirk Vartan pulled this item for further clarification that the Council consider codifying that all Councilmembers make themselves visible during virtual meetings.

A motion was made by Councilmember Watanabe, seconded Vice Mayor Chahal, to adopt Resolution No. 21-9023 finding the continued existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

PUBLIC HEARING/GENERAL BUSINESS

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A. 21-1568 Public Hearing: Waive Second Reading and take Action on the Adoption of an All-Electric Reach Code Ordinance No. 2034, including Electric Vehicle (EV) Charging, that Amends Chapter 15.36 (Energy Code) and Chapter 15.38 (Green Building Code) of Title 15 (Buildings and Construction) of the Santa Clara City Code
Recommendation:

1. Waive Second Reading and Adopt Ordinance No. 2034 to amend Chapter 15.36 (Energy Code) and Chapter 15.38 (Green Building Standards Code) of Title 15 (Buildings and Construction) of "The Code Of The City Of Santa Clara, California" to adopt provisions of the 2019 California Energy Code and the 2019 California Green Building Standards Code with certain exceptions, modifications, and additions to

increase building efficiency and increase requirements related to electric vehicle charging stations.

Director of Community Development Crabtree gave a verbal report on an All-Electric Reach Codes Ordinance.

Public Speaker(s): Dashiell Leeds
Alexis Tan
Daniel Martinez
Sindhu Saggeri
Rosie Chen
A motion was made by Councilmember Watanabe, seconded by Councilmember Jain, to Waive Second Reading and Adopt
Ordinance No. 2034 to amend Chapter 15.36 (Energy Code) and Chapter 15.38 (Green Building Standards Code) of Title 15 (Buildings and Construction) of "The Code of The City of Santa Clara, California" to adopt provisions of the 2019 California Energy Code and the 2019 California Green Building Standards Code with certain exceptions, modifications, and additions to increase building efficiency and increase requirements related to electric vehicle charging stations.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

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B. 21-1561 Resolution Establishing an Effective Date of January 1, 2022, for Ordinance No. 2034 (All-Electric Building Electrification Reach Codes Including EV Charging)
Recommendation:

Staff recommend that City Council adopt the proposed resolution, as written, of the City of Santa Clara, California establishing a timeline for implementation of an all-electric building electrification reach code ordinance including electric vehicle (EV) charging.

Director of Community Development Crabtree gave a verbal report on implementation of an All-Electric Building Electrification Reach Code ordinance including Electric Vehicle (EV) charging.

Council comments and questions followed.

Director of Community Development Crabtree addressed Council questions.

A motion was made by Councilmember Jain, seconded by
Councilmember Park, to adopt Resolution No. 21-9024 establishing a timeline for implementation of an All-Electric Building Electrification Reach Code Ordinance No. 2034 including electric vehicle (EV) charging.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

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6. 21-13270 Council Discussion and Potential Action on Levi’s Stadium’s Condition of Approval P22(c) Regarding Nighttime Outdoor Non-NFL Events Recommendation: Staff recommends that any action taken by the Council should result in the Stadium Manager curing existing legal agreements violations and that the parameters of a Draft Council Policy should address improved compliance, financial performance, improved neighborhood mitigations, and improved coordination with the Stadium Authority.

City Manager Santana and Director of Community Development Crabtree gave a PowerPoint Presentation on the potential action on Levi's Stadium's condition of approval P22(c) regarding nighttime outdoor non-NFL events.

Council comments and questions followed.

City Manager Santana and Director of Community Development Crabtree addressed Council questions and comments.

Public Speaker(s): Kirk Vartan
Ravinder Lal
Edward Strine
Michael Greco (E-Mail)
Christopher Sullivan (E-Mail)
Linda Sellers (E-Mail)
Jodi (E-Mail)
Pat Lemucchi (Letter)
Joe Prowse (Letter)
Mindy Moss (Letter)
Axel Sang (Letter)
James Williams (E-Mail)
Sean Truesdale (Letter)
Sylvia Kahn (Letter)
Armando Muela (Letter)
Tom Galante (Letter)
Ralph Sands (Letter) Andre
Glanville (Letter) Dean
Hayes (Letter) Emily
Matthews (E-Mail) Derrick
Seaver (E-Mail) Daniel
Herzstein (E-Mail) Rodney
Fong (Letter)
Council comments followed.

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A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to (1) direct the City Manager to provide exemptions under Conditions of Approval P22(c) for up to five weeknight concerts per year, including pyrotechnics, that are scheduled to end no later than 11:00 PM Sunday through Thursday; (2) direct the City Manager to provide those exemptions within 48 hours of a request to the Stadium Manager when requested; and (3) if there are additional requests for an exemption beyond those five exemptions, direct the City Manager to bring the requests to Council for consideration where the Council will weigh the pros and cons.

City Manager Santana addressed Council comments.

Council comments and questions followed.

City Manager Santana addressed Council questions.

Councilmember Watanabe requested a friendly amendment to the motion to change the curfew to 11:00 PM for all City of Santa Clara districts.

Councilmember Becker rejected the friendly amendment.

Mayor Gillmor proposed a substitute motion, seconded by Councilmember Watanabe: to (1) direct the City Manager to provide exemptions under Conditions of Approval P22(c) for up to five weeknight concerts per year, including pyrotechnics, that are scheduled to end no later than 11:00 PM Sunday through Thursday; (2) direct the City Manager to provide those exemptions within 48 hours of a request to the Stadium Manager when requested; and (3) if there are additional requests for an exemption beyond those five exemptions, direct the City Manager to bring the requests to Council for consideration where the Council will weigh the pros and cons subject to:
(1) before a new curfew policy or pilot program goes into effect, the Stadium Manager must adhere to all legal agreement violations; (2) before a new curfew policy or pilot program goes into effect, the Stadium Manager must demonstrate that they have complied with all State and Local labor laws, including Wage Theft violation;
(3) curfew violations shall result in fines that should be sufficient to deter curfew violations and shall be increased for repeat violations - City Staff should research effective fines and policies to enforce curfew; (4) three curfew violations shall result to the original curfew policy for one year to demonstrate that the Stadium Manager can effectively manage these events;
(5) the Stadium Manager cannot book money losing events or events that

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are a financial burden for the Stadium Authority, the City General Fund, and the City of Santa Clara taxpayers; and
(6) the Stadium Manager must pay for specific Public Safety resources for all events so all Santa Clara neighborhoods do not see a reduction in Police patrol during Stadium events.

Assistant City Clerk Pimentel noted that a motion to consider the substitute motion would need to occur.

A motion was made by Mayor Gillmor, seconded by Councilmember Watanabe, to consider the substitute motion made proposed by Mayor Gillmor and Councilmember Watanabe.

Aye: 2 - Councilmember Watanabe and Mayor Gillmor
Nay: Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, and Councilmember Becker
5 -
Motion Fails.

City Manager Santana addressed Council questions and comments.

Council comments ensued.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to (1) direct the City Manager to provide exemptions under Conditions of Approval P22(c) for up to five weeknight concerts per year, including pyrotechnics, that are scheduled to end no later than 11:00 PM Sunday through Thursday; (2) direct the City Manager to provide those exemptions within 48 hours of the request by the Stadium Manager; and (3) if there are additional requests for an exemption beyond those five exemptions, direct the City Manager to bring the requests to Council for consideration where the Council will weigh the pros and cons.

Aye: Vice Mayor Chahal, Councilmember Hardy, Councilmember Jain, and Councilmember Becker
4 -
Nay: Councilmember Watanabe, Councilmember Park, and Mayor Gillmor3 -

Page 16 ends

11/16/2021Meeting Minutes
Mayor Gillmor called for a recess at 10:48 PM and reconvened the meeting at 11:01 PM.

8. WRITTEN PETITION (POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL A. 21-1611 Action on a Written Petition (Council Policy 030) Submitted by Brian Doyle Requesting to Place an Agenda Item at a Future Council Meeting to Discuss FIFA Negotiations (Deferred from November 9, 2021) Recommendation:

Staff makes no recommendation.

Assistant City Clerk Pimentel read Written Petitioner Brian Doyle's email request into the record.

Council comments followed.

Public Speaker(s): Kirk Vartan
Council comments followed.

A motion was made by Councilmember Becker, seconded by Vice Mayor Chahal, to deny the Written Petition request.

Aye: Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, and Councilmember Becker
5 -
Nay: 2 - Councilmember Watanabe and Mayor Gillmor
B. 21-1623 Action on a Council Written Petition (Council Policy 030) Submitted by Councilmember Hardy to Place an Item on a Future Council Meeting to Consider a Resolution to Support the Bid to FIFA for the 2026 World Cup and Related Events
Recommendation:

Staff makes no recommendation.

Councilmember Hardy gave a verbal report on her Written Petition request.

Council comments followed.

City Manager Santana read a document into the record related to the 2026 FIFA World Cup.

Public Speaker(s): Kirk Vartan
A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to place the Written Petition from Councilmember Hardy on a future agenda for discussion.

Page 17 ends

Joint Council and Authorities Concurrent
& Stadium Authority Meeting
11/16/2021Joint Council and Authorities Concurrent
& Stadium Authority Meeting
Meeting Minutes
B. 21-1613 Waive First Reading and take Action on the Introduction of Ordinance to Amend Chapter 2.120, Entitled Boards and Commissions, to Update Boards and Commission Members Qualifications and Create the City’s

Housing Commission and Establish the Powers, Functions, and Duties of the Commission; Direction About the Formation of a Homelessness Taskforce (Deferred from November 9, 2021)
Recommendation:

1. Direct Staff on the formation of an Ad Hoc Homelessness Taskforce; and

2. Waive First Reading and Approve the Introduction of an Ordinance to amend Chapter 2.120, entitled Boards and Commissions, to add the City’s Housing Commission and establish the powers, functions, and duties of the commission with the Commission to begin activity after conclusion of the Ad Hoc Homelessness Taskforce.

Director of Community Development Crabtree gave a PowerPoint Presentation.

Council comments and questions followed.

City Manager Santana and Director of Community of Development Crabtree addressed Council questions.

A motion was made by Councilmember Park, seconded by
Councilmember Hardy, to (1) create an Ad-Hoc Homelessness Task Force responsive to Council interest; (2) to "cross the bridge" on the Housing Commission at a later date; and (3) and direct staff to return with a funding source for Homebase or any other provider to facilitate meetings.

Council comments and questions followed.

City Manager Santana and Director of Community Development Crabtree addressed Council questions.

Councilmember Jain proposed a friendly amendment to the motion on the floor to add direction to staff to return with a funding source for Homebase or any other provider to facilitate meetings.

Councilmember Park accepted the friendly amendment from Councilmember Jain.

Page 18 ends

Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
AYE: 7

7. Action on Approval of Various Board, Commissions and Committee Governance Items 11/16/2021Joint Council and Authorities
Concurrent & Stadium Authority Meeting
Meeting Minutes
Vice Mayor Chahal proposed a friendly amendment to the motion on the floor to waive First Reading and Approve the Introduction of an Ordinance to amend Chapter 2.120, entitled Boards and Commissions, to add the City’s Housing Commission and establish the powers, functions, and duties of the commission with the Commission to begin activity after conclusion of the Ad Hoc Homelessness Task Force.

Councilmember Park did not accept the friendly amendment from Vice Mayor Chahal.

A substitute motion was made by Councilmember Watanabe, seconded by Mayor Gillmor, to (1) direct staff on the formation of an Ad Hoc Homelessness Task Force; and (2) waive First Reading and Approve the Introduction of an Ordinance No. 2037 to amend Chapter 2.120, entitled Boards and Commissions, to add the City’s Housing Commission and establish the powers, functions, and duties of the commission with the Commission to begin activity after conclusion of the Ad Hoc Homelessness Task Force; and (3) direct staff to return with a funding source for meeting facilitation.

Public Speaker(s): Jeff Houston
Caprice
A motion was made by Councilmember Watanabe, seconded by Mayor Gillmor, to accept the substitute motion.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Becker, and Mayor Gillmor
4 -
Nay: Councilmember Hardy, Councilmember Park, and Councilmember Jain
3 -
Motion Passes.

A motion was made by Councilmember Watanabe, seconded by Mayor Gillmor, to (1) direct staff on the formation of an Ad Hoc

Homelessness Taskforce; and (2) waive First Reading and Approve the Introduction of an Ordinance to amend Chapter 2.120, entitled Boards and Commissions, to add the City’s Housing Commission and establish the powers, functions, and duties of the commission with the Commission to begin activity after conclusion of the Ad Hoc Homelessness Taskforce; and (3) direct staff to return with a funding source to for meeting facilitation.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Nay: Councilmember Park1 -

Page 19 ends

11/16/2021Joint Council and Authorities
Concurrent & Stadium Authority Meeting
Meeting Minutes
A motion was made by Councilmember Watanabe, seconded by Vice Mayor Chahal, to defer the remainder of the agenda items to a future meeting.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
A. 21-1612
Information and Update on the Ad Hoc Committee on the Apology Letter Relating to the City’s California Voting Rights Act Litigation (Deferred from November 9,2021)
Recommendation:

1. Review expanded scope and provide direction on staff resources to support the committee; and

2. Review the provided history and background and provide feedback on what should be posted on the Open City Hall survey as a history.

This item was deferred to a future meeting.

C. 21-1615 Action on Formalization of the Bicycle and Pedestrian Advisory Committee (Deferred from November 9, 2021)
Recommendation:

Alternatives 1, 3, 5, 8 and 9:

1. Modify BPAC membership eligibility to require that applicants must be at least 18 years of age and live or work in the City;

3. Reduce the number of BPAC members from the current maximum of nine members to seven members and phase in this change so no current member loses their position during the current term;

5. Modify how BPAC members are interviewed and appointed similar to other Boards and Commissions by having Council interview applicants and make selections;

8. Remove the requirement that a Councilmember chair the BPAC and allow the BPAC to select its own chair in July 2025 once all members of the BPAC are comprised of those who were interviewed by Council; and

9. Direct staff to bring an ordinance and revised BPAC Policy Guidelines formalizing the BPAC for Council consideration.

This item was deferred to a future meeting.

Page 20 ends

11/16/2021Joint Council and Authorities Concurrent
& Stadium Authority Meeting
Meeting Minutes
D. 21-1616 Waive First Reading and take Action on the Introduction of Ordinance to Amend Chapter 2.120, Entitled Boards and Commissions, to Update Boards and Commission Members Qualifications (Deferred from November 9, 2021)
Recommendation:

Waive First Reading and Approve the Introduction of an Ordinance to amend Chapter 2.120, entitled Boards and Commissions, to update Boards and Commissions qualifications to be residents of the City instead of qualified electors.

This item was deferred to a future meeting.

REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Mayor Gillmor noted that Wilcox High School's Football team won their first game of the playoffs and will be playing their next game on Friday, November 19, 2021.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
None.

The meeting was adjourned at 12:20 AM.

A motion was made by Councilmember Becker, seconded by Vice Mayor Chahal, to adjourn the meeting.

Aye: Councilmember Watanabe, Vice Mayor Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
21-1624
Tentative Meeting Agenda Calendar (TMAC)
The next regular scheduled meeting is on Tuesday evening, December 7, 2021.

Page 21 ends

11/16/2021Joint Council and Authorities Concurrent
& Stadium Authority Meeting
Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 22 ends

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-11 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Task Force on Diversity, Equity, and Inclusion - September 13, 2021 Task Force on Diversity, Equity, and Inclusion - October 18, 2021 Cultural Commission - December 6, 2021
Youth Commission - November 9, 2021
Youth Commission - December 14, 2021
Planning Commission - December 8, 2021
City of Santa Clara Printed on 1/19/2022Page 1 of 1
powered by Legistar™
City of Santa Clara
Meeting Minutes
Task Force on Diversity, Equity, and Inclusion
Draft
7:00 PM Virtual Meeting09/13/2021

CALL TO ORDER AND ROLL CALL
Chair Neil Datar called the meeting to order at 7:05 p.m.

Chair Neil Datar, Vice Chair Joyce Davis, Member Mark Gilley, Member Andrew Knaack, Member Dorothy Ma, and
Member Dianna Zamora-Marroquin
Present 6 -

CONSENT CALENDAR

1. 21-1190 Task Force on Diversity, Equity, and Inclusion Meeting Minutes of August 9, 2021
A motion was made by Member Zamora-Marroquin, seconded by Member Knaack, and unanimously carried, that the Task Force approve the minutes from the August 9, 2021 meeting.

Aye:

Chair Datar, Vice Chair Davis, Member Gilley, Member Knaack, Member Ma, and Member Zamora-Marroquin
6 -

PUBLIC PRESENTATIONS

GENERAL BUSINESS

2. 21-1192
None.

Action on Appointment of Younger Adult Advisory Member and Older Adult Advisory Member
Chair Datar introduced the item and turned it over to the Advisory Member Selection Subcommittee. Member Knaack went over the selection process and reported on the subcommittee’s
recommended appointments. It was moved by Vice Chair Davis, seconded by Member Gilley, and unanimously carried, that the Task Force approve the subcommittee’s recommendation to appoint Anagha Dogiparthi to the Younger Adult Advisory Member position and Nira Singh to the Older Adult Advisory Member position.

Aye: Chair Datar, Vice Chair Davis, Member Gilley, Member Knaack, Member Ma, and Member Zamora-Marroquin
6 -

Page 1 ends

09/13/2021Task Force on Diversity, Equity, and
Inclusion
Meeting Minutes

3. 21-1193 Discussion and Action on Appointment of Member Vacancy Chair Datar introduced the item. Staff Analyst Genevieve Yip provided an overview of the Task Force’s options to appoint the member vacancy and reported that staff’s recommendation is consistent with Council’s practice to inviting candidates on an approved eligibility list back to interview in the event of a member vacancy. Deputy City Attorney Luis commented that it would be advisable for the Task Force to be consistent with the Council’s practice of reinviting applicants to interview prior to appointment.

Chair Datar commented that he is in support of staff’s
recommendation. It was moved by Member Gilley, seconded by Member Ma, and unanimously carried, that the Task Force approve staff’s recommendation to invite applicants on the
Council-approved eligibility list to re-interview to fill the current member vacancy and determined that the interviews will be held as part of the October Task Force meeting.

Aye:

Chair Datar, Vice Chair Davis, Member Gilley, Member Knaack, Member Ma, and Member Zamora-Marroquin
6 -

4. 21-1228 Discussion and Possible Action on Next Community Listening Session and Appointment to Working Group
Chair Datar introduced the item. The Task Force members provided their input on the next community listening session: being up front of what we can and can’t do (e.g., School district-related concerns); identifying the goal of the listening session to narrow down topic; developing a theme to excite and catch the attention of those who read it; and highlight that the Task Force is here to advocate, on the community’s behalf, with the Council and the local City authorities on the issues that are brought forward.

It was moved by Chair Datar, seconded by Vice Chair Davis, and unanimously carried, that the Task Force delegate authority to the Community Listening Sessions Working Group to work with City staff to set the time and date of the next session and develop the theme and other promotional materials in accordance with the feedback provided by the Task Force.

Aye:

Chair Datar, Vice Chair Davis, Member Gilley, Member Knaack, Member Ma, and Member Zamora-Marroquin
6 -

Page 2 ends

09/13/2021Task Force on Diversity, Equity, and
Inclusion
Meeting Minutes

5. 21-1229 Review and Discuss Community Listening Session Survey Chair Datar introduced the item. Staff Analyst Genevieve Yip reported, since the Community Listening Sessions Working Group is currently working on revising the listening session survey, staff is suggesting that the survey questions be revised so that the data gathered can be analyzed in an effective way and is requesting the Task Force’s feedback on the suggestions outlined in the report. It was moved by Member Ma, seconded by Member Zamora
Marroquin, and unanimously carried, that the Task Force delegate authority to the Community Listening Sessions Working Group to work with City staff to revise the survey and take steps, such as translations and other steps necessary to push out survey accordingly.

Aye:

Chair Datar, Vice Chair Davis, Member Gilley, Member Knaack, Member Ma, and Member Zamora-Marroquin
6 -

6. 21-1230 Review Email Communications Received
Member Ma went over the correspondence received. This was an informational report only, and no action was taken by the Task Force.

7. Verbal Discussion on Quarterly Update to Council (July-September 2021) The Task Force discussed the work effort that they’d like to include in their quarterly report to the Council at the September 26, 2021 Council meeting. The Task Force discussed including the Policing and Community Engagement/Relations
Subcommittee’s collaboration and recent work with the Police Department, recent appointment of the Younger Adult and Older Adult Advisory Member positions, and listening session with the Bill Wilson Center.

STAFF REPORT
The Task Force was reminded that their next regularly scheduled meeting falls on a City-observed holiday It was moved by Member Ma, seconded by Member Zamora Marroquin, and unanimously carried, that the Task Force reschedule their October meeting to October 18, 2021, at 6:00 p.m.

Page 3 ends

09/13/2021Task Force on Diversity, Equity, and
Inclusion
Meeting Minutes

TASK FORCE MEMBERS REPORT
Member Zamora-Marroquin announced that the March for
Reproductive Rights will be held on October 2, 2021, at 11:00 a.m. beginning at San Jose City Hall. Chair Datar reported that the Policing and Community Engagement/Relations Subcommittee would like to propose adding a discussion on the role of the elected Chief of Police position to a future meeting. Member Knaack commented that the Task Force might also consider discussing the elected City Clerk position as the position oversees civic engagement and elections. It was moved by Member Gilley, seconded by Member Knaack, and unanimously carried, that the Task Force add a discussion on the elected Chief of Police and City Clerk positions to their next meeting agenda.

Aye:

Chair Datar, Vice Chair Davis, Member Gilley, Member Knaack, Member Ma, and Member Zamora-Marroquin
6 -

ADJOURNMENT
The meeting was adjourned at 8:53 p.m.

Page 4 ends

City of Santa Clara
Meeting Minutes
Task Force on Diversity, Equity, and Inclusion
Draft
6:00 PM Virtual Meeting10/18/2021

CALL TO ORDER AND ROLL CALL

CONSENT CALENDAR

1. 21-1231 Task Force on Diversity, Equity, and Inclusion Meeting Minutes of September 13, 2021

PUBLIC PRESENTATIONS

GENERAL BUSINESS

2. 21-1232 Interviews for Appointment to Current Task Force on Diversity, Equity, and Inclusion Member Vacancy

3. 21-1233
Discussion on Elected Police Chief and City Clerk Positions

4. 21-1340 Review Community Listening Session Survey Responses Received

5. 21-1348 Review Email Communications Received

STAFF REPORT

TASK FORCE MEMBERS REPORT

ADJOURNMENT

Page 1 ends

City of Santa Clara
Meeting Minutes
Cultural Commission
Draft
7:00 PM Virtual Meeting12/06/2021
Pursuant to California Government Code section 54953(e) and City of Santa Clara Resolution 21-9013, the Cultural Commission will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have methods for the public to participate remotely:

Via Zoom:
https://santaclaraca.zoom.us/j/98272283531
Webinar ID: 982 7228 3531
Or join by phone: 1-669-900-6833

CALL TO ORDER AND ROLL CALL
The meeting was called to order by chair von Huene at 7:02 p.m.

Commissioner Siddarth Sundaram, Commissioner Louis Samara, Chair Debra von Huene, Vice Chair Candida Diaz, Commissioner Jonathan Marinaro, Commissioner Paul McNamara, and
Commissioner Jennifer Vega
Present 7 -

CONSENT CALENDAR

1. 21-1499 Cultural Commission Regular Meeting Minutes of November 1, 2021 Recommendation: Approve the Cultural Commission Regular Meeting Minutes of November 1, 2021.

A motion was made by Commissioner Samara, seconded by Vice Chair Diaz that this item be approved, The motion passed with the following vote:

Aye: Commissioner Sundaram, Commissioner Samara, Chair von Huene, Vice Chair Diaz, Commissioner Marinaro, Commissioner McNamara, and Commissioner Vega
7 -

Page 1 ends

12/06/2021Cultural Commission Meeting Minutes

2. 21-1634 Discussion and Updates to Cultural Commission Work Plan Goals and Activities for FY 2021/22 and FY 2022/23
Recommendation: Provide updates to Cultural Commission work plan goals and activities for FY 2021/22 and FY 2022/23
Commissioners reported the following on the Work Plan.

Goal #1-Host and enhance multicultural events to encourage and acquaint Santa Clara with Cultural diversity.

Commissioner Samara and Commissioner Sundaram met to discuss hosting outdoor events. The Street Dance is on the calendar for August 5.

Commissioner Samara and Commissioner Diaz will meet regarding sponsorship opportunities.

Goal #2-Develop and encourage interactive art opportunities to provide temporary , performing, cultural and public art in the City.

Vice Chair Diaz reported that 5 of 6 of the Utility Art Boxes are completed.

She mentioned that artist of the Utility Box at the corner of Agnew and Harrigan was the most recent artist to complete a Utility Box. She stated the artist was approached by a resident for possible graffiti and that it was a negative experience for the artist. She stated that the artist added a statement that "Art is not Graffiti" to her artwork, which was later removed, as it was not approved in advance. Vice Chair Diaz mentioned the artwork is visible and beautiful and the artist was happy to complete the project. Vice Chair Diaz mentioned that the final artist is not in compliance with insurance. Staff will check with Finance what the next steps will be since the check is already processed.

Holiday Home Decorating Contest is now open. Vice Chair Diaz thanked staff for the artwork. The commissioners will be the judges by District.

Art Map-The map is updated with the Utility Boxes.

Surviving Covid Exhibition-Chair von Huene acquired addresses and information for the Top 20 semi finalists and agreements will be processed and sent in January. There will be an online survey to vote and winners will be announced.

Goals # 3-4 - Raise visibility of Commemorative months and Enhance communication and media strategy to increase community awareness of the Cultural Commission.

Page 2 ends

12/06/2021Cultural Commission Meeting Minutes
Objective #2 will be removed from Goal #3. Commissioner Marinaro will be added to Goal #3 on the work plan.

Commissioner Garcia shared a presentation on the Commemorative Months and Marketing Strategy. She shared an Event Strategy and identified communication channels. She would like to launch Instagram and developed a Communications Strategy. She encourages commissioners to report and post regularly to increase social media presence. She shared traditional marketing strategies. She hopes to kick off the campaign in January. She introduced new hash tags, reviewed each months events and discussed possible future posts and video opportunities.

Chair von Huene and Commissioner Vega will meet regarding Instagram. Commissioner McNamara, Commissioner Marinaro and Commissioner Garcia will meet and report back at the Feb. meeting.

Goal #5- Prepare for Citywide Arts Master Plan Process.

Chair von Huene was working with partnering with Santa Clara University.

They decided to wait until a new President is appointed, so the project is delayed. Applications are due in August.

PUBLIC PRESENTATIONS
None.

GENERAL BUSINESS

STAFF REPORT
Recreation Manager Castro met with the music producer regarding entertainment for next year. She reported that the Tree Lighting event was well attended. She reported it was the first year with a Snow Park at the event, which drew a crowd. She reported that facilities are closed for 2 weeks from Dec 20-Jan. 3 due to budget reductions. She stated the Parks & Recreation Dept. is hosting the Nutcracker and that the Activity Guide Production is in progress and registration is starting Dec. 13. She stated the Department is currently recruiting for part time staff.

Page 3 ends

12/06/2021Cultural Commission Meeting Minutes

COMMISSIONERS REPORT
Commissioner Samara stated he will be on vacation from Dec. 21-Jan 1.

Commissioner Sundaram mentioned he would like to attend the Art of the Brick in San Francisco. He stated it is a huge Lego Art Exhibition.

Chair von Huene stated she went to Seattle in November and went to the Museum of Popular Art. She mentioned there was a Disney heroes and villains exhibition with all the costumes on display.

ADJOURNMENT
A motion was made by Commissioner Marinaro, seconded by Commissioner Sundaram, that the meeting be adjourned at 8:16 p.m.

Aye: Commissioner Sundaram, Commissioner Samara, Chair von Huene, Vice Chair Diaz, Commissioner Marinaro, Commissioner McNamara, and Commissioner Vega
7 -

Page 4 ends

12/06/2021Cultural Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Page 5 ends

City of Santa Clara
Meeting Minutes
Youth Commission
Draft
6:00 PM Teen Center
2446 Cabrillo Avenue
Santa Clara, CA 95051
11/09/2021

CALL TO ORDER AND ROLL CALL
Chair Ismail called the meeting to order at 6:23 p.m.

Commissioner Rishith Gopisetti, Commissioner Malia Martin, Commissioner Hiranya Parekh, Commissioner Samarth Suresh, Commissioner Kaitlyn Butcher, Commissioner Mitali Gaidhani, Commissioner Aarav Gupta , Commissioner Ahmad Ismail,
Commissioner Khadeejah Khan, Commissioner Rajvi Khanjan Shroff, Commissioner Riya Mehta, Commissioner Palak Parikh ,
Commissioner Sarah Zuo, and Commissioner Jasmine Kelly-Tanti Present 14 -
Commissioner Mitchell BlandaAbsent 1 -
A motion was made by Commissioner Kelly-Tanti, seconded by Commissioner Martin to excuse Commissioner Blanda from the November 9, 2021 meeting. The motion carried by the following vote:

Aye: Commissioner Gopisetti, Commissioner Martin, Commissioner Parekh, Commissioner Suresh, Commissioner Butcher,
Commissioner Gaidhani, Commissioner Gupta, Commissioner Ismail, Commissioner Khan, Commissioner Shroff, Commissioner Mehta, Commissioner Parikh, Commissioner Zuo, and Commissioner Kelly-Tanti
14 -

Absent: Commissioner Blanda1 -

CONSENT CALENDAR

1.A 21-5903 Youth Commission Minutes of October 12, 2021 Recommendation: Approve the Youth Commission Minutes of October 12, 2021.

A motion was made by Commissioner Suresh, seconded by
Commissioner Parekh, that this item be recommended for approval.

The motion carried by the following vote:

Page 1 ends

11/09/2021Youth Commission Meeting Minutes

Aye: Commissioner Gopisetti, Commissioner Martin, Commissioner Parekh, Commissioner Suresh, Commissioner Butcher,
Commissioner Gaidhani, Commissioner Gupta, Commissioner Ismail, Commissioner Khan, Commissioner Shroff, Commissioner Mehta, Commissioner Parikh, Commissioner Zuo, and Commissioner Kelly-Tanti
14 -
Excused: Commissioner Blanda1 -

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS

2. 21-1524 Youth Commission FY2021/22 Work Plan & Goals The Youth Commission's FY2021/22 work plan will include themes of community building, youth empowerment, and youth outreach. Each theme will have a committee, comprised of Youth Commissioners, to plan activities to deliver to the community.

Community Building Committee: First meeting will be on Friday, November 19 at 5:00 p.m. at the Teen Center.

Youth Empowerment Committee: First meeting will be on Friday, November 19 at 5:30 p.m. at the Teen Center.

Youth Outreach Committee: First meeting will be on Friday, November 19 at 6:00 p.m. at the Teen Center.

A motion was made by Commissioner Suresh, seconded by
Commissioner Shroff, that this item be recommended for approval.

The motion carried by the following vote:

Aye: Commissioner Gopisetti, Commissioner Martin, Commissioner Parekh, Commissioner Suresh, Commissioner Butcher,
Commissioner Gaidhani, Commissioner Gupta, Commissioner Ismail, Commissioner Khan, Commissioner Shroff, Commissioner Mehta, Commissioner Parikh, Commissioner Zuo, and Commissioner Kelly-Tanti
14 -
Excused: Commissioner Blanda1 -

Page 2 ends

11/09/2021Youth Commission Meeting Minutes

STAFF REPORT
Gayle Ichiho, Recreation Supervisor: Children's Halloween Party was a success and Commissioners Kelly-Tanti and Mehta and Alternate Liang were thanked for hosting the Youth Commission booth, Holiday Tree Lighting at Central Park is on Friday, December 3 from 5:00-8:00 p.m., and holiday programs (Breakfast with Santa, Good Morning Santa, Santa's Holiday Visit) are open for registration.
www.SantaClaraCA.gov/ParksandRec for more info.

Library: A new assistant City Library has been hired, in-person, outside Storytime has started with Central Library on November 5, Mission Library on November 19, and Northside Library on November 26, and teens may decorate a gratitude jar from November 15-24 at Central Library.

COMMISSIONERS REPORT
Commissioners Kelly-Tanti and Mehta and Alternate Liang attended the Children's Halloween Party and enjoyed meeting many kids from the community. Kids spun a wheel for prizes that included Youth Commission stickers, candy, and activity books. All enjoyed interacting with participants and for the opportunity to work in the community again.

ADJOURNMENT
A motion was made by Commissioner Shroff, seconded by
Commissioner Gopisetti, that this meeting be adjourned at 7:05 p.m.

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11/09/2021Youth Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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City of Santa Clara
Meeting Minutes
Youth Commission
Draft
6:00 PM Teen Center
2446 Cabrillo Avenue
Santa Clara, CA 95051
12/14/2021

CALL TO ORDER AND ROLL CALL
The meeting was called to order by Vice Chair Parikh at 6:10 p.m.

Commissioner Malia Martin, Commissioner Samarth Suresh, Commissioner Kaitlyn Butcher, Commissioner Aarav Gupta , Commissioner Palak Parikh , Commissioner Sarah Zuo, and Commissioner Jasmine Kelly-Tanti
Present 7 -
Commissioner Mitchell Blanda, Commissioner Rishith Gopisetti, Commissioner Hiranya Parekh, Commissioner Mitali Gaidhani, Commissioner Ahmad Ismail, Commissioner Khadeejah Khan, Commissioner Rajvi Khanjan Shroff, and Commissioner Riya Mehta Absent 8 -

CONSENT CALENDAR

1.A 21-1687 Youth Commission Minutes of November 9, 2021 Recommendation: Approve the Youth Commission Minutes of November 9, 2021.

This item was deferred to the January 11, 2022 meeting due to lack of a quorum.

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS

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12/14/2021Youth Commission Meeting Minutes

2. 21-1688 Youth Commission Committee Reports on Work Plan Goals The Youth Commission's FY2021/22 work plan will include themes of community building, youth empowerment, and youth outreach. Each theme will have a committee comprised of Youth Commissioners, to plan activities to deliver to the community.

Community Building Committee: Preliminary discussions focused on the feasibility of a multi-cultural event to highlight cultural food, arts, performances represented in Santa Clara. The committee discussed the options of one event or multiple, smaller events. The committee's vision is to bring the people of Santa Clara together and learning new things about the various cultures in the community.

Youth Outreach Committee: Discussed how to give back to the community, making a positive impact, uplifting underrepresented populations, and raising awareness of Youth Commission. The committee hopes to implement monthly activities to reach their goals.

Youth Empowerment Committee: The committee discussed ideas to allow youth to positively express themselves through a youth showcase and monthly opportunities to share their voice. The committee will consider how to provide these platforms for youth with appropriate guidelines.

STAFF REPORT
Gayle Ichiho, Recreation Supervisor: The Parks & Recreation Department hosted the annual tree lighting ceremony at Central Park on Friday, December 3, 2021, Department holiday programs are coming up including Santa activities, Nutcracker, and Commissioners were encouraged to take the Tasman East Mini Park Community Survey. Visit www.SantaClaraCA.gov/ParkProjects for more information.

Rachel Hughes, Librarian: The Library has hired a new Young Adult Librarian at Central Library, craft take and makes will be available at all libraries in January, Central Library is offering a teen snow globe activity, and the Library will be closed from December 24, 2021-January 3, 2022 but late fees will not be charged during this time, video games are available at Central and North Side libraries, and in January library staff will be meeting to discuss teen volunteer roles.

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12/14/2021Youth Commission Meeting Minutes

COMMISSIONERS REPORT
Commissioners Butcher, Gupta, and Zuo assisted with the Parks & Recreation Department's Breakfast with Santa on Saturday, December 11.

Commissioners enjoyed working with families in attendance and interacting with the youth.

ADJOURNMENT
A motion to adjourn the meeting will occur at the next meeting with a quorum.

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12/14/2021Youth Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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