City of Santa Clara
Agenda
Call and Notice of Special Meeting
City Council
Hybrid Meeting
Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:30 PMMonday, June 6, 2022
The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution No. 22-9087, Councilmembers may teleconference from remote locations and the City continues to provide 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 Mayor calls for a Special Meeting of the Santa Clara City Council to commence and convene on June 6, 2022 at 5:30 p.m. for a Special Meeting to be held virtually, to consider the following matter(s) and to potentially take action with respect to them.
5:30 PM SPECIAL COUNCIL MEETING
Call to Order
Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values
Roll Call
Special City Council Meeting Meeting Agenda June 6, 2022
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.]
INTERVIEWS
1. Interviews and Action to Appoint One Applicant to the Planning Commission for One Full Term Ending June 30, 2026
22-677
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, June 7, 2022, in the City Hall Council Chambers.
Special City Council Meeting Meeting Agenda June 6, 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
22-677 Agenda Date: 6/6/2022
REPORT TO COUNCIL
SUBJECT
Interviews and Action to Appoint One Applicant to the Planning Commission for One Full Term Ending June 30, 2026
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
At the March 22, 2022 City Council Meeting, Council declared one vacancy on the Planning Commission for one full term ending June 30, 2026.
Advertising of the recruitment was done via the City’s website and social media outlets. The City Clerk’s Office also emailed vacancy notifications to past and current commissioners, as well as to all parties listed on the email vacancy interest list.
DISCUSSION
The City Clerk’s Office received 12 applications by the April 27, 2022 5:00 p.m. application deadline and one past 5:00 p.m. which is included for your consideration for a total of 13 applications. The City Clerk’s Office proceeds with the recruitment/interview process with the following applicants:
1. Alok Agarwal
2. Mario Bouza
3. Eric Chu
4. Vincent Condito
5. Neil Cortez
6. Ashley M. Gjovik
7. Cesar Magdaleno
8. Ram Misra
9. Charlie Moon
10.James Murphy
11.Ron Patrick
12.Ruhina Surendran
13.Ali Zargari
Each applicant met the requirement of being a qualified elector of the City confirmed by the Santa Clara County Registrar of Voters Office.
Attached are the voting guidelines (Attachment 2) for the appointment of Boards and Commissions members, which outline the process for conducting interviews and casting votes by the Council for City of Santa Clara Printed on 6/1/2022Page 1 of 2
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22-677 Agenda Date: 6/6/2022
applicants.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environment 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 additional cost to the City other than administrative staff time and expense.
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]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Appoint one applicant to the Planning Commission to serve a full term ending June 30, 2026.
2. Establish an eligibility list should a vacancy occur within the next six months.
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Applications
2. Voting Guidelines
3. Conflicts Review
City of Santa Clara Printed on 6/1/2022Page 2 of 2
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CITY OF SANTA CLARA
VOTING GUIDELINES FOR THE APPOINTMENT
OF APPLICANTS TO BOARDS AND COMMISSIONS
1) Council is given a copy of the applications in their weekly packet to review and consider applicant qualifications.
2) Council interviews applicant. Interviews are held at a City Council Meeting for the Planning Commission and Civil Service Commission. Interviews are held in a less formal area of City Hall for all other Boards and Commissions.
A) Each applicant is given three (3) minutes for an opening statement. The applicant may respond to questions from the Council. The applicant has one (1) minute for a closing statement.
3) Council votes for applicants:
A) If there are four (4) or fewer applicants the Council will cast one vote each for their desired appointee.
B) If there are five (5) or more applicants, the Council will cast one vote each for their two desired appointees. Only one vote per applicant is allowed.
A Councilmember may choose to vote for only one applicant but will relinquish the other vote.
4) The votes are tallied:
A) If there are four (4) or fewer applicants the Clerk will announce the winner.
i. If there is a tie, there will be 3 re-votes for the Council to reconsider the applicants. The Council has the opportunity to deliberate between each round of re-voting.
ii. If there is still a tie and there is not a full Council present, the Council will defer the decision until a full Council is present, and re-interview the top two applicants.
iii. If there is a full Council present, the Members will draw straws, with the person drawing the long straw abstaining from voting at the next round. The Council has the opportunity to deliberate. iv. The Council votes, with the applicant receiving the highest number of votes being the winner. The City Clerk will announce the winner.
B) If there are five (5) or more applicants, the Clerk will announce the two applicants who received the highest number of votes. The Council then has an opportunity to deliberate regarding the remaining two applicants.
Rev 2004 Page 2 of 2
The Council will then cast one vote each for their desired appointee. The City Clerk will announce the winner.
i. If there is a tie, there will be 3 re-votes for the Council to reconsider the applicants. The Council has the opportunity to deliberate between each round of re-voting.
ii. If there is still a tie and there is not a full Council present, the Council will defer the decision until a full Council is present, and re-interview the top two applicants.
iii. If there is a full Council present, the Members will draw straws, with the person drawing the long straw abstaining from voting at the next round. The Council has the opportunity to deliberate. iv. The Council votes, with the applicant receiving the highest number of votes being the winner. The City Clerk will announce the winner.
5) A Council Member makes a motion to appoint the applicant that received the highest number of votes. The Council has the opportunity to vote unanimously to appoint the applicant using the Council Chambers electronic voting equipment.
City Attorney’s Office
Memorandum
Date: June 6, 2022
To: Honorable Mayor and Members of the City Council
From: James Sanchez, Interim City Attorney
Subject: Conflicts Review – Planning Commission Applicants
Background
The City Attorney’s Office has been asked to review applications to City Boards and Commissions regarding potential conflicts of interest. The applications generally do not provide complete information regarding potential conflicts; however, they do occasionally disclose potential conflicts of interest or incompatible offices. The purpose of this memorandum is to highlight areas of potential conflict that are disclosed by the application. In order to analyze potential conflicts, it is necessary to consider the duties of the particular commission for which the applicant is seeking appointment. This review is limited to the information provided on the applications and is not intended to be comprehensive investigation of potential conflicts involving the applicants.
Commission Duties
Pursuant to the City Charter and the City Code, the Planning Commission is responsible for recommending the adoption, amendment, or repeal of the General Plan and Specific Plans; the application of the zoning and land use regulations of the City and recommending revisions and amendments; the processing of subdivision maps and property development applications; and provid ing input on the capital improvement program.
Legal Conflicts that May Preclude Vote or Participation
Certain positions may preclude a commissioner from participating in a commission discussion or from voting if a matter involving the entity comes before the commission. While this list is not complete, these types of conflicts generally fall within one or more of the following situations:
• An applicant has an interest in property the value of which could be affected by a decision coming before the Commission
• An application shows entities that are “sources of income” to a potential commissioner within the 12 months preceding the start of the commission term, as defined under the Political Reform Act, • An applicant is an officer or employee of an entity that could be involved in a matter coming before the commission, or
• An applicant engages in a profession serving the local market that is likely to realize financial benefits or detriments, distinguishable from the public generally, that would result from the work performed by the Commission
Conflicts Review – Planning Commission Applicants
June 6, 2022
Appearance of Bias
There may be facts which would not amount to a legal conflict of interest requiring a commissioner to recuse him- or herself from a commission vote or discussion, however the relationship could create an appearance of bias on the part of the commissioner. The Code of Ethics and Values requires that Commissioners “make impartial decisions, free of . . . financial and other personal interests that impair [one’s] independence of judgment or action.” Accordingly, a situation may arise that may require a commissioner to recuse him- or herself if the facts could reasonably lead one to conclude that the applicant would be biased for or against an entity or entities.
Review Of Applicants
Set forth below are the applicants and any apparent legal conflicts of interest and/or appearance of bias related to entities that are likely to come before the commission in some manner, as identified on the applications.
• Alok Agarwal is a technical program manager at Cisco in San Jose. The application discloses neither incompatible offices nor apparent conflicts of interest.
• Mario Bouza is self-employed as a consultant. The application discloses neither incompatible offices nor apparent conflicts of interest.
• Eric Chu is a realtor with Intero. Although it is possible for a realtor to serve as a planning commissioner (and realtors have served as commissioners in the past), there is a heightened likelihood that a realtor will need to abstain from Planning Commission decisions, if the realtor does business within Santa Clara. If Mr. Chu received a commission related to the sale of a property within 12 months, he would need to abstain from participating in decisions affecting that property, or the owner or seller of that property (depending on who he represented). According to the Intero website, however, Most of Mr. Chu’s recent sales were outside of Santa Clara, so this may not be a frequent occurrence.
Beyond needing to abstain from decisions affecting clients and their properties, a realtor may need to abstain from decisions that have the potential to affect property values, such as the amendment of the General Plan, or adoption of a specific plan. FPPC Mattas Advice Letter, No.
A-94-173 (realtor who was also councilmember could not participate in general plan amendment where it was “foreseeable that the decisions will enhance property values in the area and [therefore] that the councilmember's business will be financially affected by the decision”). Mr.
Chu could avoid this potential conflict if he did not take Santa Clara listings in the future.
• Vincent Condito is an engineering consultant. In the event Mr. Condito performed any engineering services for compensation for a Santa Clara client, he would need to abstain from participating in any decisions affecting that client or their property.
• Neil Cortez is a project manager working in the field of computer software and hardware. The application discloses neither incompatible offices nor apparent conflicts of interest.
• Ashley M. Gjøvik is a law student at Santa Clara University and previously worked as an engineering program manager at Apple. The application discloses neither incompatible offices nor apparent conflicts of interest.
• Cesar Magdaleno works for the City of Palo Alto as an electric engineering estimator. Although Santa Clara occasionally has interactions with the City of Palo Alto, such as water allocation Conflicts Review – Planning Commission Applicants
June 6, 2022
issues involving the San Francisco Public Utilities Commission, those matters typically do not involve the Planning Commission.
• Ram Misra is a software engineer at Lockheed Martin. The application discloses neither incompatible offices nor apparent conflicts of interest.
• Charlie Moon did not list an employer on his application. The application discloses neither incompatible offices nor apparent conflicts of interest. • James Murphy is an office assistant at SamTrans. The application discloses neither incompatible offices nor apparent conflicts of interest.
• Ron Patrick indicates that he is self-employed, and does not provide any further details. The application discloses neither incompatible offices nor apparent conflicts of interest.
• Ruhina Surendran is the owner/sole proprietor of Design Intent Landscape Architects, which is based in San Francisco, and is a part-time Associate with Strata Inc., a landscape architecture firm in San Francisco. In the event Ms. Surendran performed any landscape architect services for compensation for a Santa Clara client, she would need to abstain from participating in any decisions affecting that client or their property.
• Ali Zargari is a director of engineering development at Bloom Energy. Bloom Energy has filed two lawsuits against the City, one of which is ongoing. The first lawsuit challenged a City regulation that would have prohibited the use of natural gas-powered fuel cells, which Bloom Energy installs. The City may consider similar regulations of natural-gas powered energy sources in the future. If the Planning Commission either reviews such a regulation in the future, or considers a development project that will utilize Bloom Energy power, Mr. Zargari would likely have a conflict of interest in such decisions and would need to abstain.
Conclusion
The City Council may wish to consider the above comments in making its appointments to the Commission.
cc: Rajeev Batra, Interim City Manager
Nora Pimentel, MMC, Assistant City Clerk