City of Santa Clara
Meeting Agenda
Governance and Ethics Committee
Hybrid Meeting
City Hall - Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
3:00 PMMonday, June 5, 2023
The City of Santa Clara is conducting Governance and Ethics Committee meetings in-person and continues to have methods for the public to participate remotely or in-person. • Via Zoom: https://santaclaraca.zoom.us/j/98559951444
• Webinar ID: 985 5995 1444
• By phone: +1 669 444 9171
To submit written public comment before meeting:
Send email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to Committee members and will be uploaded as supplemental meeting material.
Note: Emails received as public comment will not be read aloud during the meeting.
CALL TO ORDER AND ROLL CALL
CONSENT CALENDAR
1. Approval of the March 13, 2023 Governance and Ethics Committee Meeting Minutes
23-640
Approve the minutes of the March 13, 2023
Governance and Ethics Committee meeting
Recommendation:
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the body on any matter not on the agenda that is within the subject matter
jurisdiction of the body. 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.]
GENERAL BUSINESS
2. Review and Provide Direction to Staff on an Updated Process for Mayor and Council calling a Special Meeting
23-638
Provide staff direction on the proposed process and
updated form for calling a special meeting.
Recommendation:
Governance and Ethics Committee Meeting Agenda June 5, 2023
3. Review and Discussion of Council Policy 030 Adding an Item on the Agenda
23-653
Provide direction to staff on possible updates to the
policy.
Recommendation:
4. Discuss and Consider Proposed Amendments to Policy and Procedure
006 Guidelines for Commissioners for Attendance
and Conferences
23-658
1. Approve proposed amendments to Policy and
Procedure 006 Guidelines for Commissioners
for Attendance and Conferences and Training
Events
2. Recommend any proposed amendments be
brought forward to City Council for
consideration and approval
Recommendation:
5. Review and Discussion of Council Policy 020 Proclamations, Commendations and Certificates of Recognition
23-763
Deferred to September 11, 2023 Governance and
Ethics Committee Meeting
Recommendation:
6. Discuss and Consider Modification to the Work Plan or an Alternative
Process to Evaluate the Creation of an Independent
Ethics Commission
23-770
STAFF REPORT
City Attorney Update on AB 1234 Training Program
COMMITTEE MEMBER REPORTS / FUTURE REFERRALS FOR CONSIDERATION
ADJOURNMENT
Governance and Ethics Committee Meeting Agenda June 5, 2023
MEETING DISCLOSURES
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.
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.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-640 Agenda Date: 6/5/2023
REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Approval of the March 13, 2023 Governance and Ethics Committee Meeting Minutes
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(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 fiscal impact to the City other than administrative staff time.
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
Approve the minutes of the March 13, 2023 Governance and Ethics Committee meeting Reviewed by: Maria Le, Assistant to the City Manager, Mayor and Council Office Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Governance and Ethics Committee Meeting Minutes Draft - March 13, 2023 City of Santa Clara Printed on 6/2/2023Page 1 of 1
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City of Santa Clara
Meeting Minutes
Governance and Ethics Committee
Draft
3:00 PM Hybrid Meeting
City Manager's Conference Room/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
03/13/2023
CALL TO ORDER AND ROLL CALL
Present 3 - Member Raj Chahal, Chair Sudhanshu Jain, Alternate Member Kevin Park Excused 1 - Member Lisa M. Gillmor
CONSENT CALENDAR
1 23-233 Approval of the December 5, 2022 Governance and Ethics Committee Meeting Minutes
Recommendation: Approve the minutes of the December 5, 2022 Governance and Ethics Committee Meeting.
A motion was made by Member Chahal, seconded by Alternate Member Park to approve the December 5, 2022 meeting minutes.
Aye: 3 - Member Chahal, Chair Jain, and Alternate Member Park
PUBLIC PRESENTATIONS
Member of the public Wanda Buck stated the importance of ethics and requested a response from Councilmembers on a recent email sent regarding ideas on citizen input on ethics.
GENERAL BUSINESS
03/13/2023Governance and Ethics Committee Meeting Minutes 2 23-236 Action on the 2023 Governance and Ethics Committee Workplan Recommendation: Approve the Proposed 2023 Governance and Ethics Committee Workplan.
The Committee had a robust discussion of the proposed 2023 Governance and Ethics work plan and added the following items to the work plan:
review of Council Policy 030 Adding an Item to the Agenda, review of Council Policy 020 Proclamations, Certificates of Recognition, Commendations, discussion on process on how to add a special meeting, and the discussion of meeting management protocols. The Committee agreed to remove the Citizens Advisory Committee discussion from the workplan, since the body is not currently active.
3 23-237
A motion was made by Member Chahal, seconded by Alternate Member Park, to approve the 2023 workplan with the amended changes.
Discussion and Direction regarding the City Council Letterhead and Correspondence Policy
Recommendation: Staff makes no recommendation.
The Committee discussed the use of letterhead for correspondence.
Committee members posed questions related to the process for letters issued on behalf of the City Council as well as using letterhead for district recognition. Staff explained the Legislative Advocacy Policy and noted the use of letterhead. In addition, questions were raised regarding overall district governance. Staff noted that this topic may be placed on a future Priority Setting Session. No action was taken on this item. 4 23-234
Review the Task Force on Diversity, Equity, and Inclusion’s Recommended Amendments to Council Policy 035 - Naming of Facilities (Deferred from June 7, 2021)
Recommendation:
Approve the Task Force on Diversity, Equity, and Inclusion’s recommended amendments to Council Policy 035.
A motion was made by Member Chahal, seconded by Alternate Member Park, to approve the staff recommendation.
Aye: 3 - Member Chahal, Chair Jain, and Alternate Member Park
03/13/2023Governance and Ethics Committee Meeting Minutes 5 23-336 Discussion of Protocol for Adding New Items to the Governance and Ethics Committee Agenda
Recommendation: Staff makes no recommendation.
Committee approved adding to the Governance and Ethics Committee agenda template, under the Committee Member Reports section, a place to add referrals for consideration.
A motion made by Member Chahal, seconded by Alternate Member Park, to approve the addition of a section for new referral items for consideration.
Aye: 3 - Member Chahal, Chair Jain, and Alternate Member Park
STAFF REPORT
City Attorney Glen Googins stated he was looking forward to working on items with this Committee. Chair Jain mentioned having a presentation from the City Attorney on Ethics Training on AB 1234, City Attorney Googins added this was forthcoming.
COMMISSIONERS REPORT
None.
ADJOURNMENT
The meeting was adjourned by Chair Jain at 4:41 p.m.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-638 Agenda Date: 6/5/2023
REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Review and Provide Direction to Staff on an Updated Process for Mayor and Council calling a Special Meeting
BACKGROUND
At the Governance and Ethics Committee meeting on March 13, 2023, as part of the 2023 Workplan discussion, the Committee expressed interest to review the process for calling a Special Meeting by the Mayor and City Council.
DISCUSSION
Section 708 of the Charter of the City of Santa Clara (“City Charter”) provides that “special meetings may be called at any time by the Mayor or by four members of the City Council in accordance with the Ralph M. Brown Act, specifically Government Code Section 54956.” Government Code Section 54956 outlines the process for making sure the public has adequate notice of a special meeting called by the Mayor or the City Council. It does not, however, dictate a process for how cities administer the request for and scheduling of a special meeting. This is left to the cities themselves.
The City of Santa Clara currently uses a Request to Call and Notice a Special Meeting form, which is submitted to the City Manager and Assistant City Clerk to request a Special Meeting (Attachment 1).
While not legally required, the form was created to assist in the administration of scheduling special meetings when proposed by four members of the City Council.
After reviewing the current form and process, the City Manager and City Attorney expressed some potential improvements in the process including upfront consultations with executive staff to determine the necessity and best timing for any proposed special meeting. In addition, although discussing only the scheduling of a special meeting is not out of compliance with the Brown Act, having four councilmember signatures on a form may be perceived as four councilmembers consulting on the special meeting topic in the preparation of the request. This may present potential Brown Act compliance issues. To address these and other coordination issues, staff is proposing revisions to the current process for requesting a special meeting, including an updated form.
Proposed Process for Calling a Special Meeting
The proposed process provides for better Council-Executive staff coordination and scheduling, with the updated form (Attachment 2) including provisions for prior consultations with the City Manager/City Attorney. This process is meant to streamline and not create additional barriers to set a City of Santa Clara Printed on 6/2/2023Page 1 of 3
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23-638 Agenda Date: 6/5/2023
special meeting.
City Councilmember
1. Prior to requesting a special meeting, the Councilmember proposing such meeting will first consult with the City Manager and City Attorney to review the proposed subject and timing of the meeting.
2. If the Councilmember desires to proceed with their request, they will complete and submits the special meeting request form to City Manager and City Attorney. (See updated form, Attachment 2)
3. City Manager, or his designee, will poll the rest of the City Council to determine if there is interest and availability for the proposed special meeting.
4. If three or more additional councilmembers indicate their approval to schedule the meeting, the City Manager will direct staff to schedule and publicly notice the special meeting in accordance with Government Code Section 54956.
Mayor
1. Prior to requesting a special meeting, the Mayor will first consult the City Manager and City Attorney to review the proposed subject and timing of the meeting.
2. If the Mayor desires to proceed with their request, they will complete and submit the special meeting request form to City Manager and/or City Attorney.
3. City Manager will direct staff to schedule and publicly notice the special meeting.
The proposed updated form includes admonitions for Councilmembers not to discuss the subject matter of any proposed special meeting among themselves in violation of the Brown Act.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
COORDINATION
This report was coordinated with the City Attorney and City Manager’s Offices.
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
City of Santa Clara Printed on 6/2/2023Page 2 of 3
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23-638 Agenda Date: 6/5/2023
Provide staff direction on the proposed process and updated form for calling a special meeting.
Reviewed by: Elizabeth Klotz, Assistant City Attorney
Approved by: Glen Googins, City Attorney
ATTACHMENTS
1. Request to Call and Notice a Special Meeting Form (Existing)
2. Request to Call and Notice a Special Meeting Form (Proposed) City of Santa Clara Printed on 6/2/2023Page 3 of 3
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REQUEST TO CALL AND NOTICE
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 Charter, the undersigned(s) calls for a Special Meeting of the: