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Agenda packet

City Council and Authorities Concurrent
April 4, 2023

Document
Agenda packet
Meeting
April 4, 2023
Body
City Council and Authorities Concurrent
Pages
7
Original file
112.2 MB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar.com. That file is the official record.

2 is not completed within the deadline, you will be ineligible to work until you have completed your I-9 verification.

Please sign and date this offer letter and return it to me by Wednesday, April 5, 2023. If you have questions, please contact the Human Resources Department at (408) 615- 2080.

Sincerely,
xxxxxxXXXXXXXXXXXXXXX
for
Aracely Azevedo
Director of Human Resources
I accept the terms and conditions of my employment with the City of Santa Clara. xxxxxxXXXXXXXXXXXXXXX
______________________________________ Date: ______________________ Mark Giovannetti
Resolution/CalPERS Resolution
Rev: 11/22/17

Page 1 of 3 ends

RESOLUTION NO. 23- _

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
FOR EXCEPTION TO THE 180-DAY WAITING PERIOD TO HIRE A

RETIRED ANNUITANT AS A TEMPORARY EXTRA HELP
EMPLOYEE (GOVERNMENT CODE SECTIONS 7522.56 AND
21224) AS A PURCHASING DIVISION MANAGER IN THE

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

WHEREAS, in compliance with Government Code section 7522.56 the City of Santa Clara must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date;
WHEREAS, Mark Giovannetti (CalPERS ID 7677121453) retired from the City of Santa Clara in the position of Purchasing Division Manager in the Finance Department, effective April 3, 2023; WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is October 4, 2023, without this certification resolution;
WHEREAS, section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the City of Santa Clara and Mark Giovannetti certify that Mark Giovannetti has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, the City of Santa Clara hereby appoints Mark Giovannetti as an extra help retired annuitant to perform the critically needed duties of Temporary Employee for the City of Santa Clara under Government Code section 21224, effective April 5, 2023; WHEREAS, the entire employment agreement, contract or appointment document between the City of Santa Clara and Mark Giovannetti has been reviewed by this body and is attached herein;
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar;
--
Resolution/CalPERS Resolution
Rev: 11/22/17

Page 2 of 3 ends

WHEREAS, the employment shall be limited to 960 hours per fiscal year; WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties; WHEREAS, effective February 5, 2023, the maximum hourly salary rate for the Temporary Employee position is $214.06, and the minimum hourly equivalent is $17.20; WHEREAS, the hourly rate paid to Mark Giovannetti will be $99.83; and WHEREAS, Mark Giovannetti has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

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

1. The City of Santa Clara hereby certifies the appointment of Mark Giovannetti and that this appointment is necessary to fill the critically needed position of Temporary Employee for the City of Santa Clara by April 5, 2023. The retired annuitant was the Purchasing Division Manager for the Finance Department and will be rehired performing the comparable duties of the Purchasing Division Manager classification. The City would like to rehire Mark Giovannetti to serve as a lead for the Purchasing Division as part of the Finance Department. The Purchasing Division supports and facilitates the timely and efficient procurement of supplies, materials, equipment, and services by City departments while ensuring compliance to City policies, applicable government regulations, and best practices in public sector procurement to obtain the lowest cost while maintaining internal controls.

The position also oversees the central warehouse operations and processes to ensure that the City’s electric and water utilities are stocked with parts to support their operations and process outgoing mail for the City. Lastly, the division facilitates the disposition of surplus property to ensure a fair and transparent process is followed and maximum value is recovered. The City would like to rehire Mr. Giovannetti to provide continued assistance with several projects including large procurements for critical Silicon Valley Power infrastructure, Resolution/CalPERS Resolution
Rev: 11/22/17

Page 3 of 3 ends

contracts management system improvements, and procuring upgrades to the Finance revenue system. Mr. Giovannetti will also help to transition the new Purchasing Division Manager.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF __, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Giovannetti, Mark – Offer Letter
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-478 Agenda Date: 4/4/2023

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Mayor Gillmor Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider a Subpoena and Compel Production of a Full and Complete Set of FIFA World Cup 2026 Levi Stadium, Santa Clara Documents from the San Francisco 49er Management Company, Bay Area Host Committee or other 49er Entity as Appropriate

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 from Mayor Gillmor requesting to place an agenda item on a future council meeting for Council to consider a subpoena and compel the production of a full and complete set of FIFA World Cup 2026 Levi Stadium, Santa Clara documents from the San Francisco 49er Management Company, Bay Area Host Committee or other 49er entity as appropriate. (Attachment 2).

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]> or at the public information desk at any City of Santa Clara public library.

ALTERNATIVES
City of Santa Clara Page 1 of 2 Printed on 3/30/2023
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23-478 Agenda Date: 4/4/2023

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: Office of the City Manager

ATTACHMENTS

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

2. Written Petition submitted by Mayor Gillmor dated March 24, 2023 City of Santa Clara Page 2 of 2 Printed on 3/30/2023
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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.

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 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None ---

ORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

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
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PURPOSE
POLICY

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 the City Council agenda for consideration.

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 inclusion 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 informational memo.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PROCEDURE

FOR WRITTEN

PETITIONS

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

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.

1. 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 [email protected].

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 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.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PROCEDURE

FOR WRITTEN

REQUESTS

FROM CITY

COUNCIL

ADDING AN ITEM ON THE AGENDA

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
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara The Center of What's Possible

COUNCIL ITEM REQUEST FORM
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
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 req.uired for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council _M_ay_o_r L_is_ a_G_il_lm_o_r _____________ _ contact E-mail [email protected]
Contact Phone.
408-9415395
Today's Date March 24, 2023

WRITTEN REQUEST
1 ,
Mayor Lisa Gillmor
, hereby request that the following item
be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

See Below
I am requesting that an action item be placed on a City Council agenda to subpoena and compel the production of a Full and Complete set of FIFA World Cup 2026 Levi Stadium, Santa Clara documents from the San Francisco 49er Management Company, Bay Area Host Committee or other 49er entity as appropriate.

Please place this request on the April 4th, 2023 meeting as it is time sensitive.

Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
• CITY OF snm\ CLAR.A C1ty of ,-~. f .-r r . , .. - e-ci-,,. i-CCOUNCIL ITEM REQUEST FORM Santa Clar~ R 24 P ·f 4: 5.
1 Th e Center o f Wh at's Possl bfcl
3/30/2023 1:37:14 PM
________
Tuesday, April 18, 2023 Joint Council and Authorities Concurrent & Stadium Authority Meeting
Study Session
23-1171 Cleanup Campaign Alternatives and Community Survey Results Special Order of Business
23-386 Proclaim April as National Autism Acceptance Month 23-462 Proclaim National Library Week for April 23-29, 2023 Public Hearing/General Business
23-141 Public Hearing: Action on the Adoption of the Proposed FY 2023/24 Municipal Fee Schedule
23-1349 Action on the Waiver of the First Reading and Introduction of an Ordinance Approving an Operation Plan including Rules and Regulations and an Investment Policy Governing Endowment Funds of the Mission City Memorial Park (Cemetery) 23-145 Discussion and Follow Up on a Written Petition (Council Policy 030) Submitted by Kirk Vartan Related to Permit Parking Zones
23-275 Action on a Resolution Establishing the Average Per-Acre Land Values in order to set the Parkland In-Lieu Fees for FY2023/24 for New Residential Development 23-211 Action on Policy Options to Amend Regulations Related to Street Vending Activities in the City of Santa Clara
Tuesday, April 25, 2023 Special Council Meeting
23-272 Action on state Homekey funding application for potential interim housing development on County-owned land at Lawrence Expressway and Benton Street City of Santa Clara
Tentative Meeting Agenda Calendar
Note: These proposed dates are tentative and subject to change based on staff capacity, meeting management, and deferred items by Council requiring other items to free up agenda meeting time.

Tuesday, May 9, 2023 Council and Authorities Concurrent Meeting Study Session
23-142 Study Session to review Proposed FY 2023/24 and FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Budget Changes Special Order of Business
23-450 Red Cross Month
23-483 Presentation by Senior Advisory Commission on the Upcoming “Be Strong, Live Long” 2023 Health & Wellness Fair
23-485 Recognition of the Santa Clara Women’s League donation of $7,000 to support the Senior Center Health & Wellness Case Management Program and the “Be Strong, Live Long” Health & Wellness Fair
Tuesday, May 23, 2023 Joint Council and Authorities Concurrent & Stadium Authority Meeting
Special Order of Business
23-140 Proclamation of National Public Works Week 2023
23-451 Silicon Valley Power Sustainable Future Scholarship Program at Santa Clara University
Public Hearing/General Business
23-208 Action on the Introduction of a Resolution to Modify the Files Management Manual for the City of Santa Clara
23-249 Approve the Annual Report and the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481 23-173 Adoption of a Resolution Setting Rates for Overall Solid Waste Services and Annual Clean-up Campaign in the Exclusive Franchise Area
23-174 Adoption of a Resolution Setting Rates for the Storm Drain Environmental Compliance Fee
23-448 Action on the Proposed Budget for FY 2023/24 for the Santa Clara Tourism Improvement District (SCTID) as Recommended by the SCTID Owner’s Association
23-479 Public Hearing: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers, Effective July 1, 2023 Tuesday, June 6, 2023 Joint Council and Authorities Concurrent & Stadium Authority Meeting
Study Session
23-143 Study Session to review Proposed FY 2023/24 and FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Budget Changes Public Hearing/General Business
23-206 Public Hearing: Adoption of a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Parking Maintenance District No. 122 - Franklin Square
23-209 Public Hearing: Adoption of a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Maintenance District No. 183 - Santa Clara Convention Center Complex
23-447 Public Hearing: Action on Resolutions Approving Water, Sewer and Recycled Water Rates to be Effective July 1, 2023
Tuesday, June 27, 2023 - Council and Authorities Concurrent Meeting Public Hearing/General Business
23-144 Public Hearing: Action on the Adoption of the Proposed FY 2023/24 & FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Changes 23-298 Action to Form a Neighborhood Stadium Relations Committee

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