Agenda packet — City Council and Authorities Concurrent, February 22, 2022 (part 6 of 6)

Purchase Order Date: XXXXXXX

SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC.

Receiving
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]

BILL TO
Forty Niners Stadium Management
Company LLC.

Accounts Payable
4949 Marie P. DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION:

Roger Elu

408-986-4898

ITEM
#

MODEL # DESCRIPTION QTY UNIT
PRICE
TOTAL
PRICE
1 2
3 4
5 Black Box Compactor – Auger Nozzle Seal
Blue Compactor – Bin Hole Diaphragm
Green Compactor – Upper and Lower Dump Door and
Retainer

Labor and Installation of items 1, 2 and 3
Estimated Freight

1 1
1 LOT
LOT
$310.00
$909.48
$684.66

$1,925.00
$90.00
$310.00
$909.48
$684.66

$1,925.00
$90.00
Sub Total: $ 3,919.14

Sales Tax: $ 173.73

Total: $ 4,092.89

This purchase is subject to the terms and conditions attached and incorporated by reference.

Signature: _____________________________________ Date: _____________________

Executive Vice President, Stadium Operations & General Manager

-
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-145 Agenda Date: 2/22/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority Regarding Stadium Manager’s Request to Execute Agreement with Bonfire Interactive Ltd. for eSourcing Platform Subscription Services and Award Purchase Order to Arata Equipment Company for Arata Compactor Replacement Parts and Repairs

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.

As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and Stadium Manager.

The Stadium Manager is requesting approval for the following:
· Execute agreement with Bonfire Interactive Ltd. for eSourcing platform subscription services which will be used to solicit bids and proposals. The agreement is for a three-year term and has a not to exceed amount of $39,000 ($13,000 per year for three user licenses). Per the Stadium Manager, the cost for this service will be charged to the FY 2021/22 Budget, Shared Expenses, Stadium Operations line item. Funding for contract years after FY 2021/22 is subject to the Board’s approval as part of the annual budgeting process; and · Award a purchase order to Arata Equipment Company for Arata compactor replacement parts and repairs in the amount of $4,093. Per the Stadium Manager, the cost for the supplies and services will be charged to the FY 2021/22 Budget, Shared Expenses, Engineering line item.

Chapter 17.30.070 states that, “Except for reserved purchase order numbers assigned by the purchasing officer, the purchasing officer shall not issue any purchase order or award any contract for supplies, materials, or equipment unless there exists an unencumbered appropriation in the proper account of the Stadium Authority to which the purchase is to be charged.” The eSourcing platform City of Santa Clara Printed on 2/15/2022Page 1 of 4
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22-145 Agenda Date: 2/22/2022
subscription services span over multiple fiscal years; however the Stadium Manager stated in their Recommendation for Award memo that the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority budget for the applicable fiscal year that includes the amounts under the agreement. The agreement with Bonfire Interactive Ltd. also includes that language.

DISCUSSION
Stadium Authority staff reviewed the Recommendation for Award memo (attached to corresponding report #22-144) and supporting procurement documentation submitted for the requests and sent questions to the Stadium Manager for response. While the supporting documents for the requests were in order, staff requested clarification on the eSourcing platform subscription services. Such exchange of questions is standard practice while reviewing requests for procurement and/or funding.

The Stadium Authority’s questions, and Stadium Manager’s responses are outlined below:
eSourcing Platform Subscription Services (Bonfire Interactive Ltd.) · Stadium Authority Q1. Can the Stadium Manager describe its current usage of BonFire’s services, and whether the services outlined in the requested agreement differ from the existing services?
Stadium Manager Response to Q1. The scope of services in the Bonfire agreement is similar to the services Bonfire has previously provided. The scope is set forth in the attached RFQ dated 12/13/2021.

Stadium Authority Response: The RFQ is included as part of the questions and responses attachment in corresponding report #22-144. The outlined services are similar to those provided by Periscope Holdings (BidSync) and DemandStar which the City of Santa Clara and Stadium Authority have respective agreements with for similar eSourcing/eProcurement services, although the number of licenses provided by Periscope Holdings and DemandStar differ.
· Stadium Authority Q2. Did the Stadium Manager reach out to any other companies to notify them of the e-Sourcing platform subscription RFQ?
Stadium Manager Response to Q2. Yes. Periscope Holdings, Bonfire Interactive, Biddingo.

Stadium Authority Response: As noted in the Stadium Manager’s Recommendation for Award, only Bonfire Interactive Ltd. and Biddingo responded to the RFQ. Periscope Holdings (BidSync) did not respond to the bid.

There are no additional comments regarding the Stadium Manager’s responses or its request for the Arata compactor parts and repairs. Staff recommends approval of the requested agreement with City of Santa Clara Printed on 2/15/2022Page 2 of 4
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22-145 Agenda Date: 2/22/2022
Bonfire Interactive Ltd. and purchase order with Arata Equipment Company. The Stadium Authority will require full supporting documentation including compliance with prevailing wage laws, if applicable, before respectively releasing public funds upon procurement of the subscription and supplies. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

ENVIRONMENTAL REVIEW
The actions being considered do 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 or pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The Stadium Authority FY 2021/22 Budget contains a Legal Contingency for Shared Expenses such as Security, Stadium Operations, Engineering, Guest Services, and Grounds. As part of its March 23, 2021 approval of the FY 2021/22 Budget, the Stadium Authority Board delegated budget amendment authority to the Executive Director for Shared Expenses from the Legal Contingency. There are sufficient funds in the FY 2021/22 Stadium Authority Legal Contingency, Stadium Operations line item to cover the annual amount of $13,000 for the eSourcing platform subscription services described in this report and sufficient funds in the FY Stadium Authority Legal Contingency, Engineering line item to cover the amount of $4,093 for the requested Arata compactor parts and repairs described in this report. The Executive Director will approve a budget amendment to reallocate $13,000 from the Legal Contingency to the Shared Expenses, Stadium Operations and $4,093 from the Legal Contingency to the Shared Expenses, Engineering line item upon the Board’s approval of staff’s recommendations. Shared Expenses are split between the Stadium Authority and Stadium Manager per the Management Agreement.

The Stadium Manager’s entire request totals $17,093 for FY 2021/22 and it is noted in the Recommendation for Award memo that the purchase orders’ terms for subsequent years are subject to the approval of the Stadium Authority Board for the applicable fiscal year that include the amounts due under the agreements.

COORDINATION
This report has been coordinated with the City’s Purchasing Manager, Treasurer’s Office and the Chief Assistant City Attorney.

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].

RECOMMENDATION

1. Approve the Stadium Manager’s request to execute an agreement with Bonfire Interactive Ltd. for City of Santa Clara Printed on 2/15/2022Page 3 of 4
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22-145 Agenda Date: 2/22/2022
eSourcing platform subscription services, in the amount of $39,000 over a three-year term, subject to budget appropriations for every fiscal year, 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; and

2. Approve the Stadium Manager’s request to award a purchase order to Arata Equipment Company for Arata compactor replacement parts and repairs in the amount of $4,093, 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.

Prepared by: Christine Jung, Assistant to the Executive Director Reviewed by: Deanna J. Santana, Executive Director
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-78 Agenda Date: 2/22/2022

REPORT TO COUNCIL

SUBJECT
Adopt a Resolution Calling and Giving Notice of a Special Municipal Election to be Held on Tuesday, June 7, 2022 for a Vote on One Ballot Measure that, if Passed, Would Amend Sections 600, 700.1, and 700.2 of the Santa Clara City Charter; Requesting the Consolidation of the Special Municipal Election with the Statewide Direct Primary Election to be Held in Santa Clara County on June 7, 2022; Directing the City Attorney to Prepare the Impartial Analysis; and Setting Priorities for Ballot Arguments

BACKGROUND
On April 21, 2021, the City entered into a Settlement Agreement as a result of California Voting Rights Act litigation (Yumori-Kaku, et al. v. City of Santa Clara (Santa Clara Superior Court Case No. 17CV319862) in which the City agreed to enact a resolution calling an election seeking voter approval of an amendment to the City Charter that shall require the election of all City Council members, except the Mayor, from single-member districts with a requirement that candidates reside within their respective districts in accordance with the Judgment.

At the May 4, 2021 Council Meeting the City Clerk and City Attorney introduced the options for the proposed ballot measure language which included establishing the six districts, creating a minimum 30-day residency requirement, and mandating the type of redistricting commission. While Council took action on the first two items, it decided to defer adding to the ballot measure the requirement of an independent redistricting commission to a later date. The Settlement Agreement requires the City submit a resolution or other subject legislation to place a charter amendment on the ballot that requires the election for all City Council members, except the Mayor, from single-member districts and does not preclude the City from amending the ballot measure to include additional amendments to the Charter, such as a redistricting commission.

On May 25, 2021, the City Council adopted a resolution, Resolution 21-8965, directing the City Clerk to bring back a resolution to call for a Special Municipal Election on June 7, 2022 for the purpose of placing one measure on the ballot that, if passed, would amend the Santa Clara City Charter sections 600 and 700.1, as set forth in Exhibit A of the resolution, in accordance with the requirements of section 10403 of the California Elections Code.

The City Clerk now brings the proposed resolutions before the City Council calling for a Special Municipal Election; requesting that the Board of Supervisors of the County of Santa Clara consent and agree to the consolidation of a Special Municipal Election with the Statewide Direct Primary Election on Tuesday, June 7, 2022, for the purpose of placing the measure on the ballot.

DISCUSSION
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On May 25, 2021, the City Council approved the following ballot question:

DISTRICT COUNCIL ELECTIONS. Shall the City Charter be amended to elect city council members by district, excepting the mayor, to establish six districts for the election of one council member to represent each district; and to establish a 30-day residency requirement for all elected officials? Yes
No
Ballot Measure
Resolution A shows the changes to the current Charter language that would be made in order to eliminate language regarding the current at-large by-numbered seat system and to clearly indicate the requirement to hold Councilmember District elections and to have an at-large election of the Mayor.

The proposed charter amendment would include the following language:

Sec. 700.1 Elections - City Council Districts.

Members of the City Council, excepting the Mayor, shall be elected by district.

For the election to be held in November 2022 and each election thereafter, there shall be 6 (six) districts as such districts are designated on that certain map adopted by judgment of the Superior Court dated July 24, 2018, as set forth in Resolution No. 18-8585 of the City Council, as the boundaries of such districts shall be amended through a redistricting process following each decennial United States Census. Council District elections shall be conducted as follows:
a. Each District shall be represented by one (1) Council Member. b. In the election to be held in November 2022 and in each Council District election held thereafter the Council District elections shall be conducted as follows:

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

2. the voters of District 3 shall nominate and elect one (1) Council Member for a four-year term.
c. In the election to be held in November 2024 and in each Council District election held thereafter the Council District elections shall be conducted as follows:

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

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

3. the voters of District 5 shall nominate and elect one (1) Council Member for a City of Santa Clara Printed on 2/18/2022Page 2 of 7
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3. the voters of District 5 shall nominate and elect one (1) Council Member for a four-year term; and

4. the voters of District 6 shall nominate and elect one (1) Council Member for a four-year term.

The City Council also approved including a 30-day residency requirement prior to the filing deadline for all candidates for elected office. The proposed Ballot Language is as follows:

No person shall be eligible to hold the elective office of Mayor, Chief of the Police Department or City Clerk, unless he or she is a resident and a qualified registered elector of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a resident in the district represented by the Council Member office.

In order to hold the elective office of Mayor, Chief of the Police Department or City Clerk a person must have been a resident of the City of Santa Clara for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.

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

The proposed Charter Amendment now also includes the following language to address what happens to an incumbent after the redistricting process:

Section 700.2 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:

Sec. 700.2 Election Following Change of Boundaries
Upon any redistricting pursuant to the provisions of this section of the Charter or the ordinances enacted hereunder, each incumbent member of the Council will continue, during the remainder of the member’s term, to hold office and represent the district by which the member was elected prior to such redistricting, notwithstanding any provision of Section 600 requiring a member to be a resident of the district represented by such member.

Optional: Inclusion of the Independent Redistricting Commission DISTRICT COUNCIL ELECTIONS. Shall the City Charter be amended to elect city council members by district, excepting the mayor, to establish six districts for the election of one council member to represent each district; and to establish a 30-day residency requirement for all elected officials; and to require an independent redistricting commission?
Yes
No
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DISTRICT COUNCIL ELECTIONS. Shall the City Charter be amended to elect city council members by district, excepting the mayor, to establish six districts for the election of one council member to represent each district; and to establish a 30-day residency requirement for all elected officials; and to require an independent redistricting commission?
Yes
No
Every ten years, after the U.S. Census is conducted, city council district lines must be reviewed and possibly adjusted to ensure each council district contains the same number of residents. This redistricting process is a non-political process of reviewing census data and ensuring that council district lines are accurately drawn so that each district contains an equal population. For the 2020 Census Data the City Council selected an independent redistricting commission to complete the City’s redistricting process. The City Council also previously received substantial public input through the work done by the 2019 Charter Review Committee that was established after Measure N, much of its work regarding wording changes to the current Charter language which included requiring an independent redistricting commission.

Resolution B includes the Charter language changes in Resolution A with the addition of a requirement that an independent redistricting commission conduct the City’s redistricting process.

The proposed Charter Amendment would include the following language.

Section 700.2 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:

Sec. 700.2 Establishment of Independent Redistricting Commission; Election Following Change of Boundaries
The City Council shall enact an ordinance to establish an independent redistricting committee in accordance with Elections Code Sections 23001 and 23003 to make changes to the City Council District boundaries.

Upon any redistricting pursuant to the provisions of this section of the Charter or the ordinances enacted hereunder, each incumbent member of the Council will continue, during the remainder of the member’s term, to hold office and represent the district by which the member was elected prior to such redistricting, notwithstanding any provision of Section 600 requiring a member to be a resident of the district represented by such member.

We offer this language as an optional provision that the Council might consider including in the proposed City Charter amendment. The Council may also choose to not add the independent redistricting commission to the measure at this time. The Council may decide to adopt an ordinance establishing the independent redistricting commission for future redistricting activities. This ordinance would be repealable by the current or future City Council at any time. Another option is to request a subsequent charter review committee to consider amending the Charter to add the redistricting method in a future Charter amendment.

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Charter Submission Timeline
In order to submit the proposed Charter amendments to the voters of the City of Santa Clara at a Special Municipal Election, the City Council must adopt a Resolution. By adopting this Resolution, one City of Santa Clara ballot measure will appear on the Statewide Direct Primary Election on June 7, 2022.

Accordingly, included for City Council consideration in the Resolution is formally calling the special election, requesting that the special election be consolidated with the Statewide Direct Primary Election, submitting the measure to voters and authorizing certain related actions, including directing the City Attorney to prepare an impartial analysis of the measure. Furthermore, the proposed resolution also includes language related to ballot arguments, which reflects the requirements contained in the settlement agreement in the Yumori-Kaku matter, as explained below.

Ballot Arguments and Impartial Analysis
The City Council determines whether the Council, or specific members authorized by the full Council, will draft the argument supporting the ballot measure, or whether it will instead allow a third party to do so. The City Charter and the California Elections Code authorize, but do not require, the City Council to write the argument in support of the ballot measure to establish District Elections.

If the City Council chooses to write the ballot argument, it should designate a maximum of three Council Members to draft the argument. These designees would prepare and sign the argument and submit it to the City Clerk. Alternatively, the Council can designate the Mayor to sign on behalf of the entire Council. A total of five individuals and/or organizations may sign the ballot argument, and the Council may designate which individuals or organizations fill any available signature slots. Per the Settlement Agreement, neither the City Council, nor any of its Members, shall file a ballot argument in opposition to the proposed Charter Amendment measure in their official capacity.

If the City Council decides not to draft the argument itself, any registered voter or bona fide association of citizens may submit a proposed argument to the City Clerk. If the City Clerk receives multiple proposed arguments, the City Clerk shall select one of the arguments in adherence to Elections Code § 9287. Ballot arguments must be submitted no later than March 8, 2022, 3:00 p.m., to the City Clerk and rebuttal arguments must be submitted no later than March 18, 2022, 5:00 p.m., to the City Clerk. The City Attorney shall draft an impartial analysis on the measure, which is also due March 18, 2022, 5:00 p.m., to the City Clerk.

Voter Education and Outreach
In preparation for the June 2022 primary election a Communications Outreach plan will be created that will utilize the many public outreach channels available to Santa Clara residents, including the following:
· City website and e-Notify
· Social Media (Facebook, Twitter, NextDoor)
· Government Access Channels
· Press Release
· Publication of ad in local and ethnic media outlets
· Postcard mailers to all Santa Clara residents
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· Flyer distribution to City facilities
· Flyer email distribution to constituent database and community leaders/groups · Utility bill inserts
· Translation of materials in eight languages including, Chinese, Hindu, Korean, Japanese, Portuguese, Spanish, Tagalog and Vietnamese

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
The Registrar of Voters (ROV) has estimated the cost for the June 7, 2022 election to be approximately $233,248. In addition to this amount would be approximately $60,000-$70,000 of costs associated with printing, translation services, publishing notices and other related costs for a total of approximately $300,000. These costs are included in the existing City budget.

COORDINATION
This report has been coordinated with the City Attorney’s office.

RECOMMENDATION
The City Council select one of the following options:

1. Adopt Resolution A calling and giving notice of a Special Municipal Election to be held on Tuesday, June 7, 2022, for a vote on one ballot measure that, if passed, would amend Sections 600, 700.1, and 700.2 of the Santa Clara City Charter; Requesting the consolidation of the Special Municipal Election with the Statewide Direct Primary Election to be held in Santa Clara County on June 7, 2022; directing the City Attorney to prepare the impartial analysis; and setting priorities for ballot arguments; OR

2. Adopt Resolution B calling and giving notice of a Special Municipal Election to be held on Tuesday, June 7, 2022, for a vote on one ballot measure that, if passed, would amend Sections 600, 700.1, and 700.2 of the Santa Clara City Charter; Requesting the consolidation of the Special Municipal Election with the Statewide Direct Primary Election to be held in Santa Clara County on June 7, 2022; directing the City Attorney to prepare the impartial analysis; and setting priorities for ballot arguments.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Hosam Haggag, City Clerk
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ATTACHMENTS

1. Resolution 21-8965

2. Resolution A

3. Resolution B (Includes Independent Redistricting Commission) City of Santa Clara Printed on 2/18/2022Page 7 of 7
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RESOLUTION NO. 21-8965

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, CALLING FOR THE PLACEMENT OF ONE

BALLOT MEASURE THAT, IF PASSED, WOULD AMEND
SECTIONS 600 and 700.1 OF THE SANTA CLARA CITY

CHARTER AT THE NEXT STATEWIDE DIRECT PRIMARY

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

WHEREAS, on December 5, 2017, the certain Santa Clara voters (Plaintiffs) filed a Complaint against the City in the Santa Clara County Superior Court (Complaint); WHEREAS, on December 27, 2017, the Plaintiffs filed an Amended Complaint against the City in the Santa Clara County Superior Court (Amended Complaint); WHEREAS, the Amended Complaint alleged, among other things, that the City's method of electing Councilmembers violated the California Voting Rights Act (CVRA); WHEREAS, the Liability Phase of the trial was held between April 23, 2018, and April 26, 2018, and the Superior Court, Hon. Thomas E. Kuhnle, presiding, issued a decision dated June 6, 2018, finding the City's election system in violation of the CVRA; WHEREAS, the Remedies Phase of the trial was held between July 18, 2018, and July 20, 2018, after which Judgment was entered on July 24, 2018 in favor of the Plaintiffs; WHEREAS, the Judgment enjoined the City and the Registrar of Voters from holding at-large elections for any City Council members, other than the position of Mayor, and ordered that Council Members be elected by district under the map ordered by the Court; WHEREAS, the Court retained jurisdiction over the parties and the action pursuant to California Code of Civil Procedure section 664.6;
WHEREAS, the City filed a Notice of Appeal on August 15, 2018; WHEREAS, following briefing and oral argument the Court of Appeal rendered its decision on December 30, 2021, affirming the Amended Judgment of the Superior Court, and the Remittitur issued on March 2, 2021;
Resolution/Ballot Measure
Rev: 11/22/17

Page 1 of 4 ends

WHEREAS, Plaintiffs and the City acknowledged that the 2018 and 2020 City Council elections were conducted in accordance with the provisions of the Judgment; WHEREAS, on April 21, 2021, the Plaintiffs and the City entered into a Settlement Agreement in which the City agreed that on or before June 1, 2021, the City Council, shall enact a resolution calling an election to seek voter approval of an amendment to the City Charter that shall require the election of all City Council members, except the Mayor, from single-member districts with a requirement that candidates reside within their respective districts in accordance with the Judgment. The election system included in the proposed Charter Amendment shall in all respects comply with applicable governing provisions of State law; WHEREAS, in accordance with the terms of the Settlement Agreement the City Council desires to require the placement of a ballot measure that, if passed, would amend Charter Sections 600 and 700.1 of the Santa Clara City Charter;
WHEREAS, pursuant to the requirements of the City Charter, the City is required to call and order to be held in the City of Santa Clara, California a special municipal election placing the ballot measure on the ballot;
WHEREAS, pursuant to California Elections Code section 1201, the next Statewide Direct Primary election will be held on June 7, 2022; and,
WHEREAS, in accordance with Elections Code Section 1415 the City can only call for a Special Municipal Election with the Statewide general or primary election occurring not less than 88 days after the order of the election for a charter proposal that proposes to amend a charter related to federal or state voting rights laws.

II
II
II
II
Resolution/Ballot Measure
Rev: 11/22/17

Page 2 of 4 ends

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

1. That the City Council hereby proposes to amend Santa Clara City Charter Sections 600 and 700.1, as set forth in Exhibit A, attached hereto and incorporated herein by reference (with additions to and deletions from the current text indicated thereon); and the City Council hereby approves and orders the proposed measure to be submitted to the qualified electors of the City of Santa Clara at a special municipal election on June 7, 2022. If the measure is approved by a majority of voters, City Charter Sections 600 and 700.1 shall be amended, as set forth in the measure, and the amendment shall be effective on the date that the City Council declares the results of the special municipal election.

2. That in accordance with Elections Code sections 13247 and 9051, and in order to submit the proposed measure described herein to the voters, the City Council hereby approves and orders the following ballot question to be submitted to the qualified electors of the City of Santa Clara at the special municipal election on June 7, 2022:

Measure 1
DISTRICT COUNCIL ELECTIONS. Shall the City Charter be amended to elect city council members by district, excepting the mayor, to establish six districts for the election of one council member to represent each district; and to establish a 30-day residency requirement for all elected officials?
II
II
II
II
II
II
Resolution/Ballot Measure
Rev: 11 /22/17
Yes
No

Page 3 of 4 ends

3. The City Clerk is directed to place a resolution on a City Council agenda not less than 88 days prior to the statewide primary election, requesting that the Board of Supervisors of the County of Santa Clara consent and agree to the consolidation of a Special Municipal Election with the Statewide Direct Primary Election on Tuesday, June 7, 2022, for the purpose of placing the measure approved in this resolution on the ballot in accordance with the requirements of section 10403 of the California Elections Code,

4. 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 25TH DAY OF MAY, 2021, BY THE FOLLOWING VOTE:

AYES : COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS :

ABSTAINED : COUNCILORS:

Attachments incorporated by reference:

1. Exhibit A
Resolution/Ballot Measure
Rev: 11/22/17
Becker, Chahal, Hardy, Jain, Park, and Watanabe,
and Mayor Gillmor
None
None
None
ATTEST: -lt-~~ ~~~4~::::::: -
,

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Page 4 of 4 ends

EXHIBIT A
The Charter of the City of Santa Clara shall be amended as follows:

Section 600 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:

Sec. 600 City elected officers.

No person shall be eligible to hold ru:iy the elective office in the City including of Mayor, City Council, BF-Chief of the Police Department aRtl QLCity Clerk, unless he or she is a resident and a qualified registered elector of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a resident in the district represented by the Council Member office.

Exhibit A to Resolution No. 21-8965

Page 1 of 4 ends

The elective officers of the City shall consist of a City Council composed of seven members, the Chief of the Police Department and the City Clerk. The members of the City Council, (which includes the office of the Mayor1 and the Chief of the Police Department and the City Clerk shall be elected from the City at large at the times and in the manner provided in this Charter. Except as otherwise herein provided, a person elected to an office for other than an unexpired term shall serve a term of four years and shall serve until a successor is elected and qualified. The term shall commence on the date the City Council certifies the canvass of the election returns submitted to it by the County Registrar of Voters.

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

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

No person shall be a candidate for both Mayor and a City Council office seat at the same election. However, an incumbent member of the City Council may run for the elective office of Mayor, and the Mayor may run for the separate office of Mayor or other City Council office. However, at no time shall a member of the Council, including the Mayor, hold more than one City elective office. Except as otherwise provided elsewhere in this Charter, no incumbent member of the City Council while serving in such office with an unexpired term of more than six months shall be a candidate for any numbered Council office seat other than the one which he or she holds.

Exhibit A to Resolution No. 21-8965

Page 2 ends

Section 700.1 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:

Sec. 700.1 Elections Designation of seats.

For purposes of City Council elections, each Council office shall be designated by an appropriate descriptive designation, as follows: The Council seat 'Nhich on the effective date of this Section is occupied by the Mayor shall continue to be designated as "Mayor''; each of the other six seats, respectively, shall be designated as "Council Member Seat No. 2," "Council Member Seat No. 3," "Council Member Seat No. 4," "Council Member Seat No. 5," "Council Member Seat No. 6" and "Council Member Seat No. 7" respectively, and shall continue to be designated by the respective designation. The designation so given to each such office shall thereafter be used in all election, nomination papers, certificates of election, and other election papers pertaining or referring to such office, and to designate incumbency in such office.

Sec. 700.1 Elections - City Council Districts.

Members of the City Council, excepting the Mayor, shall be elected by district.

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

Exhibit A to Resolution No. 21-8965

Page 3 of 4 ends

b. In the election to be held in November 2022 and in each Council District election held thereafter the Council District elections shall be conducted as follows:

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

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

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

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

4. the voters of District 6 shall nominate and elect one (1) Council Member for a four-year term.

Exhibit A to Resolution No. 21-8965

Page 4 of 4 ends

Resolution/Special Election Page 1 of 5
Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

CALLING AND GIVING NOT ICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, FOR A

VOTE ON ONE BALLOT MEASURE THAT, IF PASSED, WOULD
AMEND SECTIONS 600, 700.1, and 700.2 OF THE SANTA CLARA CITY CHARTER; REQUESTING THE CONSOLIDATION OF THE

SPECIAL MUNCIPAL ELECTION WITH THE STATEWIDE DIRECT

PRIMARY ELECTION TO BE HELD IN SANTA CLARA COUNTY
ON JUNE 7, 2022 ; DIRECTING THE CITY ATTORNEY TO
PREPARE THE IMPA RTIAL ANALYSIS ; AND SETTING

PRIORITIES FOR BALLOT ARGUMENTS

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

WHEREAS, That pursuant to the requirements of the City Charter, there is called and ordered to be held in the City of Santa Clara, California, on Tuesday, June 7, 2022, a special municipal election placing one measure that, if passed, would amend Charter sections 600, 700.1, and 700.2 of the Santa Clara City Charter;
WHEREAS, pursuant to California Elections Code section 1201, the next Statewide Direct Primary election will be held on June 7, 2022;
WHEREAS, in the course of conducting a Special Municipal Election on June 7, 2022, it is desired that that the Board of Supervisors of the County of Santa Clara consolidate a special municipal election to be held on June 7, 2022, with the Statewide Direct Primary election to be held on the same date for the purpose of submitting one ballot measure to the voters to consider a charter amendment. It is also necessary for the City to request services of the County as set forth in this resolution;
WHEREAS, in accordance with the Elections Code sections 9285 and 9286 the ballot arguments must be submitted no later than March 8, 2022, to the City Clerk, and rebuttal arguments must be submitted no later than March 18, 2022; and, WHEREAS, the City Council is authorized to direct the City Attorney to prepare an impartial analysis of the measure by March 18, 2022, showing the operation of the measure and its effect on the existing law.

Resolution/Special Election Page 2 of 5
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NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That pursuant to the requirements of section 10403 of the California Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Direct Primary Election on Tuesday, June 7, 2022, for the purpose of placing one measure on the ballot that, if passed, would amend the Santa Clara City Charter sections 600, 700.1, and 700.2.

2. That the consolidated election shall be held and conducted, the election officers appointed, the voting precincts designated, the ballots printed, the polls opened and closed, the ballots counted and returned, the returns canvassed, and all other applicable proceedings to be performed in connection with the above consolidated election, be regulated and performed by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of applicable laws regulating consolidating elections. This City Council consents to such consolidation.

3. That the Registrar of Voters is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.

4. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

5. That the City of Santa Clara recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

6. That the City Clerk is directed to file a certified copy of this Resolution without delay with the Board of Supervisors and the County Registrar of Voters.

7. That the City Council hereby proposes to amend Santa Clara City Charter sections 600, 700.1, and 700.2, as set forth in Exhibit A, attached hereto and incorporated herein by reference (with additions to and deletions from the current text indicated thereon); and the City Council Resolution/Special Election Page 3 of 5
Rev: 11/22/17
hereby approves and orders the proposed measure to be submitted to the qualified electors of the City of Santa Clara at a special municipal election on June 7, 2022. If the measure is approved by a majority of voters, City Charter sections 600, 700.1, and 700.2 shall be amended, as set forth in the measure, and the amendment shall be effective on the date that the City Council declares the results of the special municipal election.

8. That in accordance with Elections Code sections 13247 and 9051, and in order to submit the proposed measure described herein to the voters, the City Council hereby approves and orders the following ballot question to be submitted to the qualified electors of the City of Santa Clara at the special municipal election on June 7, 2022:

A. Measure 1

9. Primary and rebuttal arguments for the measure may be filed consistent with Elections Code section 9282, et seq.

10. The Council hereby selects the following course of action regarding argument (in favor):
(Council to select one of the following concurrent with the adoption of resolution):

A. Two or more City Council Members who support adoption of the proposed Charter Amendment shall be authorized to, and shall, jointly file an official ballot Argument in favor of the proposed Charter Amendment measure. The City Council Members authorized to file such ballot Argument, or at least two other City Council Members authorized to do so by the City Council, shall also jointly file a Rebuttal Argument to any Argument against the proposed Charter Amendment that may be filed. Neither the City Council, nor any of its Members, shall file Resolution/Special Election Page 4 of 5
Rev: 11/22/17
a ballot Argument in opposition to the proposed Charter Amendment measure in their official capacity;
i. The Ballot Argument in favor of the proposed Charter Amendment shall contain informational language describing the City's previous at-large election system and the circumstances and reasons relating to its having been held in violation of the California Voting Rights Act by this Court's Amended Judgment entered January 22, 2019; and shall describe the reasons for which the voters might wish to permanently adopt a by-district election system of the kind ordered by the Court in that Amended Judgment and used in the 2018 and 2020 City Council elections.

OR
B. Takes no action with regard to authorizing the Council or member of the Council to submit a written argument (in favor) of the measure, in which case the City Clerk shall select arguments for or against the measure in accordance with the priority order set forth in Elections Code section 9287.

11. Pursuant to Elections Code section 9280, the City Council hereby directs the City Attorney to prepare an impartial analysis of the measure.

12. The City Council finds, pursuant to Title 14 of the California Code of Regulations, sections 15378(b)(4) and 15378(b)5) that this resolution is exempt from the requirements of the California Environmental QUALITY Act (CEQA) in that it involves fiscal and administrative activities that will not result in a potentially significant impact on the environment.

13. That pursuant to California Elections Code section 10002, the City Council hereby requests that the Board of Supervisors authorize and direct the County Elections Department to provide such services as may be necessary to properly and lawfully hold and conduct a Consolidated Special Municipal Election in the City on June 7, 2022, including, but not restricted to, furnishing indexes and election equipment, appointing precinct workers and officials, instructing workers and officials, addressing sample ballots for said City election, issuing Resolution/Special Election Page 5 of 5
Rev: 11/22/17
absentee ballots, establishing and providing early voting, conducting central counting and official canvass, and performing such other acts as may be required, or directed by the City Clerk, subsequent to acceptance of nomination materials by the City Clerk.

14. That the City Clerk is hereby authorized and directed to reimburse the County for services performed in accordance with this resolution, when the work is completed and upon presentation to the City of a properly approved bill subject to the approval by the City Clerk.

15. That the City Clerk is hereby authorized and directed to coordinate with the County Registrar of Voters to procure and furnish the procurement of any and all official ballots, notices, printed matter, and all supplies, equipment, paraphernalia that may be necessary in order to properly and lawfully conduct the Consolidated Special Municipal Election. The ballots to be used at the election shall be in form and content as required by law.

16. That in all particulars not recited in this Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections.

17. That this resolution provides notice of the time and place of holding the Special Municipal Election, and the City Clerk is authorized, instructed and directed to give further or additional notice of the Special Municipal Election in time, form, and manner as required by law.

18. That the proposed measures shall not take effect unless and until approved by a vote of at least 50% plus one of the voters voting on the questions at the election. //
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Resolution/Special Election Page 6 of 5
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19. That the City Clerk is hereby authorized and directed to certify to the due adoption of this Resolution.

20. 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 22nd DAY OF FEBRUARY 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

HOSAM HAGGAG

CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Exhibit A
Resolution/Special Election Page 7 of 5
Rev: 11/22/17

EXHIBIT A
The Charter of the City of Santa Clara shall be amended as follows:

Section 600 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:

Sec. 600 City elected officers.

No person shall be eligible to hold any the elective office in the City including of Mayor, City Council, or Chief of the Police Department and or City Clerk, unless he or she is a resident and a qualified registered elector of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a resident in the district represented by the Council Member office.

In order to hold the elective office of Mayor, Chief of the Police Department or City Clerk a person must have been a resident of the City of Santa Clara for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appoin ted, preceding the date of the person’s appointment to fill a vacancy.

The elective officers of the City shall consist of a City Council composed of seven members, the Chief of the Police Department and the City Clerk. The members of the Resolution/Special Election Page 8 of 5
Rev: 11/22/17
City Council, (which includes the office of th e Mayor) and the Chief of the Police Department and the City Clerk shall be elected from the City at large at the times and in the manner provided in this Charter. Except as otherwise herein provided, a person elected to an office for other than an unexpired term shall serve a term of four years and shall serve until a successor is elected and qualified. The term shall commence on the date the City Council certifies the canvass of the election returns submitted to it by the County Registrar of Voters.

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

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

No person shall be a candidate for both Mayor and a City Council office seat at the same election. However, an incumbent member of the City Council may run for the elective office of Mayor, and the Mayor may run for the sep arate office of Mayor or other City Council office. However, at no time shall a member of the Council, including the Mayor, hold more than one City elective office. Except as otherwise provided elsewhere in this Charter, no incumbent member of the City Council while serving in such office with an unexpired term of more than six months shall be a candidate for any numbered Council office seat other than the one which he or she holds.

Section 700.1 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:

Sec. 700.1 Elections – Designation of seats.

Resolution/Special Election Page 9 of 5
Rev: 11/22/17
For purposes of City Council elections, each Council office shall be designated by an appropriate descriptive designation, as follows: The Council seat which on the effective date of this Section is occupied by the Mayor shall continue to be designated as “Mayor”; each of the other six seats, respectively, shall be designated as “Council Member Seat No. 2,” “Council Member Seat No. 3,” “Council Member Seat No. 4,” “Council Member Seat No . 5,” “Council Member Seat No. 6” and “C ouncil Member Seat No. 7” respectively, and shall continue to be designated by the respective designation. The designation so given to each such offi ce shall thereafter be used in all election, nomination papers , cer tificates of election, and other electio n p apers pertaining or referring to such office, and to designate incumbency in such office.

Sec. 700.1 Elections – City Council Districts.

Members of the City Council, excepting the Mayor, shall be elected by district.

Council District elections shall be conducted as follows:
a. Each District shall be represented by one (1) Council Member. b. In the election to be held in November 2022 and in each Council District election held thereafter the Council District elections shall be conducted as follows:

1. the voters of District 2 shall nominate and elect one (1) Council Member for a four-year term; and
Resolution/Special Election Page 10 of 5
Rev: 11/22/17

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

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

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

4. the voters of District 6 shall nominate and elect one (1) Council Member for a four-year term.

Resolution/Special Election Page 11 of 5
Rev: 11/22/17
Section 700.2 of the Charter of the City of Santa Clara is amended to be entitled and to read as follows:

Sec. 700.2 Elections: Designation of Seats.Election Following Change of Boundaries

Resolution/Special Election Page 1 of 5
Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

CALLING AND GIVING NOT ICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, FOR A

VOTE ON ONE BALLOT MEASURE THAT, IF PASSED, WOULD
AMEND SECTIONS 600, 700.1, and 700.2 OF THE SANTA CLARA CITY CHARTER; REQUESTING THE CONSOLIDATION OF THE

SPECIAL MUNCIPAL ELECTION WITH THE STATEWIDE DIRECT

PRIMARY ELECTION TO BE HELD IN SANTA CLARA COUNTY
ON JUNE 7, 2022 ; DIRECTING THE CITY ATTORNEY TO
PREPARE THE IMPA RTIAL ANALYSIS ; AND SETTING

PRIORITIES FOR BALLOT ARGUMENTS

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

Resolution/Special Election Page 2 of 5
Rev: 11/22/17

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

4. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

5. That the City of Santa Clara recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

6. That the City Clerk is directed to file a certified copy of this Resolution without delay with the Board of Supervisors and the County Registrar of Voters.

A. Measure 1
DISTRICT COUNCIL ELECTIONS. Shall the City Charter be amended to elect city council members by district, excepting the mayor, to establish six districts for the election of one council member to represent each district; and to establish a 30-day residency requirement for all elected officials; and to require an independent redistricting commission?
Yes
No