City of Santa Clara
Call and Notice of Special Meeting
City Council
Virtual Meeting 5:00 PMThursday, February 24, 2022
Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9051, 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, Councilmember's Becker, Hardy, Park, and Chahal call for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on February 24, 2022, at 5:00 pm for a Special Meeting to be held virtually, to consider the following matter(s) and to potentially take action with respect to them. 5:00 PM SPECIAL MEETING
Call to Order
Pledge of Allegiance and Statement of Values
Roll Call
CLOSED SESSION
Public Employee Discipline/Dismissal/Release - Government Code § 54957, (b)(1)
22-343
Special City Council Meeting Meeting Agenda February 24, 2022 Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.
Convene to Closed Session
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within
the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, March 8, 2022.
Special City Council Meeting Meeting Agenda February 24, 2022 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.
MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-343 Agenda Date: 2/24/2022
REPORT TO COUNCIL
SUBJECT
Public Employee Discipline/Dismissal/Release - Government Code § 54957, (b)(1) City of Santa Clara Printed on 2/23/2022Page 1 of 1
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City of - 7'-' I_ ,:,_ ·.<'' . r:: (~. REQUEST TO CALL AND NOTICE ~~.~.~~,. S,~~ra 2012FI8 23 H 9: :• 2 A SPECIAL MEETING TO CITY MANAGER AND ASSISTANT CITY CLERK:
NOTICE IS HEREBYBY GIVEN that, pursuant to the provisions of California Government Code Section 54956 ("The Brown Act") and Section 708 of the Santa Clara City Chat1er, the undersigned(s) calls for a Special Meeting of the:
.• .• City Council of the City of Santa Clara
1 1 Board of the Santa Clara Stadium Authority
1 l Other (please designate) : Governing Board of the :
<, Spo1is and Open Space Authority
o City of Santa Clara Housing Authority
'-' Bayshore Nortl1 Project Enhancement Authority
n Public Facilities Financing Corporation
o Successor Agency to the Redevelopment Agency
Date and Time Requested: -·---=·-,1,t...0..::..2-=-,~~/~~~-t:1_2_2-..___--,--------:!f:......:2=.,~/f.::...:'Wl...2.., -:---:::-- --,--- .....
Subject matter(s) and to potentially take action with respect to them:
. Pu BL1C EMpLo~~E D\SC.I R,.L.fNS: /v1sm1S'SA-L,/J?£"t£AS£.. {,ovU.t-JM!Wr C.oD£ SZl1Sr ( b) (1)
Councilmembers Requesting a Special Meeting:
A.s mfemnce, Section 708 of Ille Cha,ter of tile City of Snnln Clara Califomin ("City Clwrter") provides: "Special meelinus may /.le called at any lime hy the Mayor, or by four members of the Citv Council pursuant to Ille provisions of the R,Jlph M. Brown Act. specificallv Government Caci(~ Section 54956.
Councilmember: ,4,,m,r1V :J:..tftl<(.t._ ./,/1¥,,!.wa.::!:::;,1:::::a....,L.1____,.~~~~t_~=--- <J;L/a./~zt, ~me o~/'?
Councilmember:
Councilmember:
~CL\!\ ·th rJ,4 · _..__._"'f.=..c..l<.""--"'-'-+':;.....;:;.....--1=-- 2-f 17 I w Z<...
Name \ D ~
k,»'iV\ Park -~r-~~ oJ'Li ~u.
Name Signature Date '5-d._
Councilmember: PJ+S" LHAHftL . .:. Ui.aW 2/11/2.D ).}-- Name i nature --- Date
Mayor Requesting a Special Meeting :
As mf£m➔ nc e, Sec/ion 708 of the Clwrt1H of /ho City of Santa Clam Ct1/ifornic1 ("City C/mrter") provicles: "Spocinl mooting.'> may be called at anv time by the Mayor, or /Jy four nwm/Jon:; of the City Cot111Gil pwsu [Jnt to 1/w wovisions of the r~c1/ph M. Brown Ac;t, spAcilical/y Govo11111wnt Godo Section 54956.
Mayor :
Name Signature Date
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GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES (50001 • 57607] ( Title 5 added by Stats. 1949, Ch, 81,) DIVISION 2. CITIES, COUNTIES , AND OTHER AGENCIES (53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES , AND OTHER AGENCIES (53000 • 54999.7] ( Part 1 added by Srats. 1949, Ch, 81,) CHAPTER 9. Meetings (54950 • 54963] ( Chapter 9 added by Srats, 1953, Ch. 1588.) 54957. (a) This cl1apter shall not be construed to prevent the legislative body of a local ency from holding closed sessions with the Governor , Attorney General, districtottorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a secur ity consultant or a security operations manager, on matters posing a threat to the security of pub lic build ings, a threat to the security of essential public services , including wate, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the publ ic's right of access to public serv ices or pub lic faci lities. (b) ( 1) Su6j ecl to paragraph (2), lh 1s chapter shall not be construed lo preve nt the legislative body of a local agency from holding closed sessions auring a regular or special meeting to conside r lhe appointment, emp loyment, evaluation oF performance, discigl1ne, or d1sm1ssal of a publ ic employee or to hear complaints or charges brought against the emp loyee by another person or emp loyee unles s the emp loyee requests a public session. (2) As a condition to holding a closed session on specific comp laints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hou rs befo re t he t ime for holding the session . If not ice is not given, any disciplinary or other action take n by the legis lative body against the employee based on the specific complaints or charges in the closed session shall be null and void. (3) The legislat ive body also may exclude from the public or closed meeting, during t he exa mination of a wi tn ess, any or all other witnesses in the matte r being investigate d by the legislative body. (4) For the purposes of this subdivision, the term "employee" shall include an offi cer or an independent cont ractor who functio ns as an officer or an em ployee but shall not include any elected official, member of a legis lative body or other independent cont ractors. This subd ivision shall not lim it local officia ls' abi lity to hold closed session meetings pursuant to Sections 1461 , 32 106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Governme nt Code.
Closed sessio ns held pursuant to this subdivis ion shall not inclu de discussion or action on proposed compensat ion except for a red uction of compensation th at results from the imposition of discip lin e, (Amended by Stats . 2013, Ch. 11, Sec. 1. (AB 246) Effect ive January 1, 2014. )