Agenda packet — City Council and Authorities Concurrent, July 12, 2022 (part 6 of 6)

Division and Fire Department, it was determined that a B-2 (business) certificate of occupancy was issued in 1979. An application to change the occupancy to S-3 (storage) was received in 2008, but the application was never completed. There has never been an application to change the occupancy to a residential use. As such, Mr.

Patrick could be cited for occupying the property illegally.

Nevertheless, Mr. Patrick’s illegal residential occupancy of the Lafayette Street property does not, by itself, disqualify him from being a Planning Commissioner (if he is in fact living there). In order to serve as a Planning Commissioner, the City Charter only requires that an individual be a “qualified elector” of the City, Charter § 1006, and an “elector” is a U.S. Citizen who is a resident of an election precinct on or before the day of an election, Elec. Code § 321(a). A “residence,” in turn, is a person’s domicile, which in turn is the place where his or her habitation is fixed, where the person has the intention of remaining, and whenever absent, has the intention of returning. Elec. Code § 349.

A court of appeal interpreted these statutes in a 1985 case, holding that unhoused persons who were camping in a city park could register to vote using the park as their home address, even though a city ordinance prohibited camping in the park. Collier v.

Menzel, 176 Cal. App. 3d 24, 32 (1985) Consequently, the fact that Mr. Patrick’s use of the industrial building at 5191 Lafayette for his residence does not bar him from being registered to vote there, and as a registered voter, he is a qualified elector who can serve as a Planning Commissioner.

Director of Community Development Andrew Crabtree raised some of the zoning and building code issues with Mr. Patrick on June 13. In response, Mr. Patrick indicated he would provide Mr. Crabtree with an alternate address. On June 14, Mr. Patrick sent Mr.

Crabtree an email with the subject line “Ron Patrick stays here,” and the content of the message was “4666 Armour Dr. Santa Clara, CA 95054.” Mr. Patrick did not provide any further details about how often he stays at 4666 Armour Dr. or how long he has been staying there. The Armour Drive address contains a single-family home, is zoned R1-6L (Single Family Residential), and has a General Plan designation of Very Low Density Residential. Again, for any property to qualify as his residence, his habitation must be fixed at that location, and Mr. Patrick must have the intention of remaining, and whenever absent, the intention of returning. At the July 5 Council meeting Mr. Patrick publicly represented to the Council his intent to maintain a city of Santa Clara residency.

Assuming all of the above factors, Mr. Patrick is able to serve as a Planning Commissioner, whether he is living (illegally) at 5191 Lafayette or (legally) at 4666 Armour. Accordingly, the Council may choose to take no action, and allow Mr. Patrick to serve out his term on the Commission. Nevertheless, given the irregularities Re: Planning Commission Appointment of Mr. Ron Patrick
July 7, 2022

Page 3 ends

described above, the Council’s appointment power also includes the ability to remove Mr. Patrick from the position.

We include a copy of the City Policy and Procedure Manual 032 regarding Complaints of City Boards and Commissions for your consideration.

Options

1. Determine the staff investigation sufficiently provided evidence of irregularities regarding Mr. Patrick’s residency and take action in accordance with Policy 032, copy attached (up to and including removal).

2. Determine that Mr. Patrick remain as a Planning Commissioner and take no further action.

3. Direct staff to conduct further investigation.

4. If Mr. Patrick is removed, there should be an action to appoint a new Commissioner.

Thank you,
James Sanchez
Interim City Attorney
I/Council/Memoranda/2022-07-07 - Planning Commission Appointment of Mr. Ron Patrick City of Santa Clara
Policy and Procedure Manual

REVIEW OF CONCERNS/COMPLAINTS REGARDING CITY

BOARD/COMMISSIONS
July 2002 P&P 032 Page 1 of 3
POLICY The City of Santa Clara believes that “decision-makers must be independent, impartial, and accountable to the people they serve.”1 The
City’s Code of Ethics and Values lists the ethics and values-based standards the City has agreed will guide the decisions and conduct of everyone who participates in the City’s government. Because we seek public confidence in the City’s services and public trust of its decision-makers, we hold ourselves accountable to “meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this code.” Although the City Charter allows the Council to remove a Commissioner with no cause, the Council has created the following process, which provides guidelines the Council may choose to use to resolve a problem/complaint. The policy is based on a recommendation from the Ethics Ordinance Committee. It is consistent with the Code of Ethics and Values, in terms of fairness and respect towards the individual. It preserves the Council-granted Charter authority of removal, but also provides optional courses of action.

PROCEDURE The Charter of the City of Santa Clara provides for the removal of a City Commissioner by a vote of four City Council members. No cause has to be given. The action to remove a Commissioner would be an agendized City Council action item.

When a concern/complaint is received regarding a City Board Member/Commissioner, it is referred to the City Manager for review and follow-up. If possible, it is preferable to resolve a concern through open communication channels at the staff level. Complainants are encouraged to solve the problem informally prior to registering a formal complaint.

The City Manager has several options for handling a concern/complaint:

1. The first step is to verify the information. If not verified, the complainant is informed and no further action taken. If initially verified, the City Manager conducts an investigation/review of situation in consultation with the City Attorney, where appropriate. The individual who is the subject of the complaint will be notified unless criminal or legal nature precludes notification. Issues that relate to the jurisdiction of the Fair

1 From the Preamble of The Code of Ethics and Values, City of Santa Clara, 2001 City of Santa Clara
Policy and Procedure Manual

REVIEW OF CONCERNS/COMPLAINTS REGARDING CITY
BOARD/COMMISSIONS (cont.)
July 2002 P&P 032 Page 2 of 3
Political Practices Commission (FPPC) are not covered by this policy.

City Attorney has existing procedures to handle FPPC and Election Code issues.

2. The following options are available for resolving complaints:
♦ The City Manager can choose to handle concern/complaint directly, or consult with the Mayor.
♦ The City Manager can choose to conduct further research; provide information and discussion of alternatives with Mayor.
♦ Consult with Santa Clara University Markkula Center for Applied Ethics, or outside ethics experts.
♦ Refer the issue/complaint to the Mayor and/or City Council. ♦ Refer the concern/complaint to the Chairperson of the specific Board/Commission with the Chair reporting back to the City Manager.
♦ Refer the issue/complaint to the City Council Commission Review Committee.
♦ If legal issues are involved, the concern/complaint is referred to City Attorney.

3. Depending on nature of concern/complaint, and factual information, range of actions/options are available including any one (or combination of) these actions:
♦ No action based on unsubstantiated/Unfounded complaint; ♦ Discussion between Mayor and Commissioner; City Manager and Commissioner or discussion between Commission Chair and Commissioner;
♦ Verbal counseling by Mayor with Commissioner;
♦ Letter to Commissioner from Mayor;
♦ Refer issue to Commission Review Committee; Committee meets and reviews facts; may make advisory recommendation to Council, or refer to City Manager and City Attorney for follow-up; and City of Santa Clara
Policy and Procedure Manual

REVIEW OF CONCERNS/COMPLAINTS REGARDING CITY
BOARD/COMMISSIONS (cont.)
July 2002 P&P 032 Page 3 of 3
♦ Refer to Mayor and/or City Council.
♦ City Council may take action ranging from note and file to removal from Commission. (See attached memorandum to the Commission Review Committee from the City Attorney dated December 15, 1999.)

4. Follow-up response to complainant indicating City has taken appropriate action.

Reference: 1) Council-approved policy July 16, 2002
2) Memo dated December 15, 1999 from City Attorney, “Levels of Expressions of Disapproval of a Public Official’s
Actions" (Attached)

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-869 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Cecilia Aguiar Requesting to Place an Agenda Item on a Future Council Meeting to Consider Traffic Calming Measures on Cabrillo Avenue

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Written Petition on June 17, 2022 from Cecilia Aguiar, (Attachment 2) requesting to place an agenda item on a future council meeting to consider the following as stated in the request: Cul-Del-sac (Dead End), Speed bumps or similar traffic calming measures need to be instituted at the Cabrillo Ave and Lawrence Expressway along the 3583-3445 blocks of Cabrillo Avenue (between Lawrence Expressway and Nobili Avenue).

The excessive speeds of motorists, including Santa Clara School District buses, Commercial Heavy Weigh t Vehicles daily endanger the lives of the residents their families, (many of which with small children) as well as the resident’s pets.

In addition, there have been multiple recent incidents of speeding that have results in costly damage to residents parked cars. Noise is a daily problem caused by speeding vehicles, often exacerbated by the vibration of speeding vehicles that set off the car alarms of resident’s vehicles that have been parked on the street. Our street is no longer safe and it is the duty of the City to provide necessary and effective traffic calming measures before tragedy occurs.

FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California City of Santa Clara Page 1 of 2 Printed on 7/8/2022
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22-869 Agenda Date: 7/12/2022
Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.

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 report to council 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.

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
Staff makes no recommendation.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Written Petition submitted by Cecilia Aguiar dated June 10, 2022 City of Santa Clara Page 2 of 2 Printed on 7/8/2022
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RESOLUTION NO. 20-8895

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM

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

WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.

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

1. That Resolution No. 20-8809 is hereby rescinded in its entirety.

2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17

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

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 27T" DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS: Chahal, Davis, Hardy, O'Neill, and Watanabe, and Mayor Gillmor
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:

ORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11!22/17
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' ° '°~ city of
- Santa Clara The Center of What's Possible

ADDING AN ITEM ON THE AGENDA
City of Santa Clara
Council Policy Manual
PURPOSE To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.

POLICY Members of the City Council:

The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.

Referral from a Council Committee:

Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet.

Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.

Items Referred During a Council Meeting:

By Council action, an item may be referred to the City Manager for i nclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an i nformational memo.

Revised 10/27/2020 CP 030 Page 1 of 3
Resolution No. 20-8895
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~4r~~io~ - Santa Clara
The Center of WhaYs Possible

PROCEDURE

FOR WRITTEN

PETITIONS

ADDING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:

City of Santa Clara
Council Policy Manual
Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.

All requests to address the City Council shall be submitted in writing.

Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to clerkCa~santaclaraca.gov.

2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda i n the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
an item should be added to an agenda and a date, not the merit of

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless othen~vise directed by the City Council. Discussion should be limited to whether the item.

Revised 10/27/2020 CP 030 Page 2 of 3
Resolution No. 20-8895
N1~, CLAREC
o _ '`~ o Clt~/ Of
~.~,,;,a~~r ~ Santa Clara The Center of What's Possible

ADDING AN ITEM ON THE AGENDA

PROCEDURE

FOR WRITTEN

REQUESTS

FROM CITY

COUNCIL
City of Santa Clara
Council Policy Manual

1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.

2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.

Attachments: Council Item Request Form
Revised 10/27/2020 CP 030 Page 3 of 3
Resolution No. 20-8895
a~~~,GLAR~Cy(
° -,. r city of COUNCIL ITEM REQUEST FORM
- Santa Clara The CenteroFWhat's Possible
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council
Contact E-mail
Contact Phone
Today's Date

WRITTEN REQUEST
I, ,hereby request that the following item
be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

Reference: Council Policy 030 —Adding an Item on the Agenda Resolution No. 20-8895
, . ,~ r·( / r,-: ~· .. ·:•, '!7 "'. C'_/\;··t \
City of
Santa Clara Th o Center of What 's Poss ible

CITY COUNCIL WRITTEN PETITION
,, ,.,
2022 u:i 17 1 I: 57
Please provide the information requested below. When complete, please submit to the City Clerk's Office, 1500 Warburton Avenue, Santa Clara, CA 95050.

Date: - --=6 "---j, /1 ............ Q ~1,_,."""-'......,~= /c20 rl.<tb-'--- I, Cs c.,, I L I A A. G O I A Q am hereby requesting to be placed on the Santa Clara City Council Agenda for the following purpose:

Cul-Del-sac (Dead End), Speed humps or similar traffic calming measures need to be instituted at the Cabrillo Ave and Lawrence Expressway.Along the 3583 to 3445 blocks of Cabrillo Avenue (between Lawrence Expressway and Nobili Avenue):

The excessive speeds of motorists, including Santa Clara School District buses, Commercial Heavy Weight Vehicles daily endanger the lives of the residents their families, (many of which with small children) as well as the resident's pets.

In addition, there have been multiple recent incidents of speeding that have resulted in costly damage to resident's parked cars.

Noise is a daily problem caused by speeding vehicles, often exacerbated by the vibration of speeding vehicles that set off the car alarms of resident's vehicles that have been parked on the street. Our street is no longer safe and it is the duty of the City to provide necessary and effective traffic calming measures before a tragedy occurs. I understand that it is important that I attend the meeting in the event there are any questions the Council wish to ask me.

I understand that it is important that I attend the meeting in the event there are any questions the Council wishes to ask me.

Signed:

NAME: Ce.,c l L,, fl A 6 u \ I-\ \c.-
ADDREss: 3s \o Cf:\Q1\LL0 Ave
Street
Santa Clara 95051
City Zip Code
TELEPHONE:* ___,,(_({----=0-=8__.)'-------'- ::>_,_3"-\f_.__~_i-~ 1 ~ Optional *NOTE: This is a public document. If your telephone number is unlisted or if you do not want it to be public, please provide an alternate number where you can be reached . . - .. , ., .

S:\CityClerk\FORMS AND INFORMATION FOR STAFF USE\Written Petition Form - 2016.doc ' Hello Neighbor,
I am initiating an effort with the City to curb the following Traffic related issues on our street.

Cabrillo Ave.

Problem:

Since Cabrillo Ave connects to lawrence expressway we have experienced:
• Dangerously excessive speeding in a 25 Miles School zone. • Traffic related noise
• High incidents of Accidents for the parked cars on the streets • Extremely high vehicle traffic, Including Commercial Trucks, Buses - making our street unsafe for Kids, Pets and respected Seniors.

Goal:
• Make our street, Cabrillo Ave, safe for everyone. Cabrillo Avenue is not Lawrence expressway!
What's needed:

We all need to come together to initiate a petition for Traffic Calming measures to the City of Santa Clara.

Please email your signed petition : [email protected] City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-933 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Craig Larsen Requesting to Place an Agenda Item on a Future Council Meeting to Hear an Explanation by Councilmember Kevin Park on the Apparent Inconsistent Statements in Official Filings Regarding Employment and Sources of Income

COUNCIL PILLAR
Enhance Community Engagement and Transparency

DISCUSSION
The City Clerk’s Office received a Written Petition on June 21, 2022 from Craig Larsen during the Council Meeting, (Attachment 2) requesting to place an agenda item on a future council meeting to hear “An explanation by Councilmember Kevin Park on the apparent inconsistent statements in official filings regarding his employment and sources of income.”

FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.

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 an administrative activity that will not result in direct or indirect physical changes to the environment.

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 report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> City of Santa Clara Page 1 of 2 Printed on 7/8/2022
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22-933 Agenda Date: 7/12/2022
or at the public information desk at any City of Santa Clara public library.

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
Staff makes no recommendation.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Written Petition submitted by Craig Larsen dated June 21, 2022 City of Santa Clara Page 2 of 2 Printed on 7/8/2022
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RESOLUTION NO. 20-8895