Agenda packet — City Council and Authorities Concurrent, October 24, 2023 (part 7 of 7)

City of Santa Clara
Council Policy Manual

ADDING AN ITEM TO THE
AGENDA

PURPOSE The purpose of this Policy is t o 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/

PROCESS FOR

CITY COUNCIL

MEMBERS
Referral from Members of the City Council in Advance of a Meeting:

After consultation with the City Manager (and/or City Attorney, as appropriate), 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 future City Council agenda,.

An item ma y be referred to the City Manager for inclusion on a City Council agenda during a Council meeting by City Council action.

The procedure for written request from the City Council shall be as follows:

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. Prior to submitting a Council Item Request from, the Member shall discuss the proposed request with the City Manager (And/or City Attorney, as appropriate) to determine if City staff’s response does not satisfy the Member’s request, the Member shall submit the Council Item Request form for placement on a future City Council agenda.

3. Once the City Clerk’s Office receives the Council Item Request form, it should immediately be forwarded to the City Manager for placement on an agenda, is possible, within two (2) Council meetings after receipt of the original request by the City Clerk’s Office. All written material (Council Item Request Form and any support materi al) 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, until the City Council has had the opportunity to provide the direction to the City Manager.

Referrals from Members of the Council at the Council Meeting If an issue arises during a Council meeting that may require future City Council action a City Council member may also request, through a referral, that such item be agendized for future Council consideration.

Such a request may be considered by the Counc il following the

Revised 10/24/2023 CP 030
Resolution No. 23-

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City of Santa Clara
Council Policy Manual

POLICY/

PROCESS FOR

COUNCIL

COMMITTEES

POLICY/

PROCESS
FOR

MEMBERS
OF THE
PUBLIC
“Procedure for Handling Requests at the City Council Meeting” set forth below.

Referral from a Council Committee:

Council Committees may request that an item to be considered for inclusion on a future City Council agenda by formal committee action. Any such request shall be submitted to the City Manager in writing. Provided the request is received two (2) days prior to the public release of the City Council agenda packet the item shall be included for consideration at that City Council mee ting in accordance with the “Procedure for Handling Requests at the City Council Meeting” set forth below. .

Requests from Members of the Public:

Members of the public may request that an item be added to a City Council Agenda in any of the following ways:

1. Public Presentations: Any member of the public may address the City Council under the “Public Presentations” section of the agenda to make a request of the City Council to add an item to a future meeting.

If a member of the public wishes to provide a written petition of their request prior to their appearance at a Council Meeting they may be submitted as follows:
a. Email:

City Council: [email protected]
City Manager: [email protected]
b. MySantaClara App:
www.santaclaraca.gov/services/make-a-service-request
Note: Written Petitions will not be listed on the City Council agenda, and the member must be present at the meeting to present their request.

2. Individual City Councilmembers: Members of the public may directly petition individual City Councilmembers to request that an item be added to a future Council meeting. The Councilmember may then choose to submit the request through the Council referral process outlined in this Policy, above.

3. City Manager and City Departments: Members of the public may also petition the City Manager or City staff for specific action. The City Manager and/or staff may respond, as appropriate, directly to this request, or direct the member of the public to the other methods of petitioning the City outlined above.

Revised 10/24/2023 CP 030
Resolution No. 23-

Page 3 of 3 ends

City of Santa Clara
Council Policy Manual

PROCEDURE

FOR HANDLING

REQUESTS AT

THE CITY

COUNCIL

MEETING

1. At the meeting where the request to add an item to a future agenda is heard, Council discussion is limited to whether the item should be added to an agenda and a date, not the merit of the item. Valid considerations that can be discussed include whether the matter is within the City’s jurisdiction, being addressed in some other way, City resource requirements, legality, timing, and prioritization.

2. Council may take the following actions when a request is made:

a. No Action.
b. Refer the request to City staff for further study and a timely report back to Council.
c. Refer the item to a future annual Council Priority Setting session meeting.
d. Placement on a future Council meeting agenda for further consideration or action.

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. 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.

Attachments: Council Item Request Form

Resolution/Amending Council Policy 030 Adding an Item on the Agenda Page 1 of 2 Rev: 10/24/23
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AMENDING COUNCIL POLICY 030 ENTITLED “ADDING AN ITEM
ON THE AGENDA”

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

WHEREAS, amending the policy on adding an item on the agenda will 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,;
WHEREAS, the amended “Adding an Item on the Agenda” policy updates the process for referral from the Members of the City Council and updates the procedure to include consultation with the City Manager and/or City Attorney as part of the procedures.

WHEREAS, the amended policy also updates the process in which members of the public have options to include items for consideration to the City Council by participating in public presentations, by petition to individual City Councilmembers or by petition to the City Manager and City Departments for specific action;
WHEREAS, the amended policy further clarifies the procedures to handle requests during City Council meetings where the request is heard and Council discussion is limited but actions may be made to the request; and WHEREAS, the policy has been amended with the intention of streamlining the public meeting process while maintaining opportunities for both the public and the Council to request topics to be addressed by the City and the City Council at future meetings.

Resolution/Amending Council Policy 030 Adding an Item on the Agenda Page 2 of 2 Rev: 10/24/23

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

1. That Resolution No. 20-8895 adopting amended Council Policy 030 (“Adding an Item on the Agenda”), attached here as Attachment 1, is hereby repealed in its entirety.

2. That Council Policy 030 entitled "Adding an Item on the Agenda," attached here as Attachment 2, is hereby approved and adopted.

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 24TH DAY OF OCTOBER, 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. Resolution No. 20-8895

2. Council Policy 030 entitled “Adding an Item on the Agenda”

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1228 Agenda Date: 10/24/2023

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Joseph Goschy Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider Reviewing Policy for Commercial and Residential Construction to Ensure that Adjoining Properties are not Negatively Impacted by Water Drainage

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 September 25, 2023, from Joseph Goschy, requesting to place an agenda item on a future council meeting for Council to consider reviewing policy for commercial and residential construction to ensure that adjoining properties are not negatively impacted by water drainage. (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

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

City of Santa Clara Printed on 10/20/2023Page 1 of 2
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23-1228 Agenda Date: 10/24/2023

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: Jōvan D. Grogan, City Manager

ATTACHMENTS

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

2. Written Petition submitted by Joseph Goschy dated September 24, 2023 City of Santa Clara Printed on 10/20/2023Page 2 of 2
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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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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 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 CP 030 Page 1 of 3
Resolution No. 20-8895

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PROCEDURE

FOR WRITTEN

PETITIONS

ADDING AN ITEM ON THE AGENDA
W ritten 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 W ritten 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.

W ritten 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 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.
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

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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

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city of°-,. r COUNCIL ITEM REQUEST FORM
-Santa ClaraThe 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

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1229 Agenda Date: 10/24/2023

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Joseph Goschy Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider Reviewing Policy to Consider Protection of Surrounding Properties from the Installation of Permanent Fixed Position Equipment that Violates City Noise Ordinance Code as a Result of Approved Construction

COUNCIL PILLAR
Enhance Community Engagement and Transparency

DISCUSSION
The City Clerk’s Office received a Written Petition on September 25, 2023, from Joseph Goschy, requesting to place an agenda item on a future council meeting for Council to consider reviewing policy consider protection of surrounding properties from the installation of permanent fixed position equipment that violates city noise ordinance code as a result of approved construction (Attachment 2).

ALTERNATIVES
City of Santa Clara Printed on 10/20/2023Page 1 of 2
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23-1229 Agenda Date: 10/24/2023