City of Santa Clara
Meeting Minutes
Charter Review Committee
Final
7:00 PM Hybrid Meeting
City Hall - Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
08/10/2023
The City of Santa Clara is conducting Charter Review 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/89799831040
• Webinar ID: 897 9983 1040
• 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
Assistant City Manager Bojorquez called the meeting to order at 7:00 p.m.
Member Clysta Seney, Vice Chair Chiragkumar Patel, Member Christine Koltermann, Member Joyce Davis, Chair Jeff Houston, Member Daniel Huynh, and Member Satish Chandra
Present 7 -
PUBLIC PRESENTATIONS
Public comment was received by Lee Broughman, Burt Field, Howard Gibbins, Pilar Furlong, Preston Metcalf, Nancy Biagini, and Dana Caldwell, who each spoke in favor of maintaining an elected police chief.
GENERAL BUSINESS
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1. 23-963 Presentation on the Roles and Responsibilities of the 2023 Charter Review Committee
Recommendation: It is recommended that the Committee note and file the presentation.
Assistant City Manager Bojorquez and Assistant City Attorney Klotz gave an overview of the roles and responsibilities of the 2023 Charter Review Committee.
Comments and Questions were asked by the Committee.
2. 23-964 Action to elect a Chair and Vice-Chair for the 2023 Charter Review Committee
Recommendation: 1. Staff recommends that the Charter Review Committee conduct an election for the roles of Chair and Vice-Chair.
Member Houston nominated Member Koltermann to be Chair of the Committee.
Member Chandra nominated Member Davis to be Chair of the Committee.
Member Patel nominated Member Houston to be Chair of the Committee.
Member Koltermann declined the nomination.
By majority vote, Member Houston was elected Chair of the Committee.
Member Chandra nominated Member Davis to be Vice-Chair of the Committee.
Member Seney nominated Member Koltermann to be Vice-Chair of the Committee.
Member Huynh nominated Member Patel to be Vice-Chair of the Committee.
Member Koltermann declined the nomination.
By majority vote, Member Patel was elected Vice-Chair of the Committee.
A motion was made by Member Koltermann, seconded by Member Huynh, to elect Member Houston as Chair and Member Patel as Vice-Chair of the 2023 Charter Review Committee.
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Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, and Member Huynh
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Nay: Member Chandra1 -
3. 23-967 Presentation on Prior Ballot Measures and Other Historical Information Related to the Positions of Police Chief and City Clerk Recommendation: The Committee note and file the report.
Assistant City Manager Bojorquez gave an overview of prior ballot measures and other historical information related to the positions of Police Chief and City Clerk.
Comments and Questions were asked by the Committee.
Public Comment was received from Susan Hinton and Lee Broughman.
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4. 23-979 Discussion and Action on Proposed Community Engagement Strategies and Other Resources for the 2023 Charter Review Committee Recommendation: The Committee:
1. Approve the community engagement strategies as proposed;
2. Provide direction on any additional needs that the Committee may have with respect to best practices, outstanding questions or other resource information to be provided to the Committee in a timely manner in alignment with the goal of a November 7, 2023 City Council presentation.
Committee members asked staff to provide answers to the following research questions:
1) Do Appointed positions have residency requirements or can individuals move in after they are appointed?
2) The City of Morgan Hill recently converted from an elected to an appointed city clerk. How did their responsibilities change? 3) What are the duties of a part-time City Clerk and how did the duties of the Santa Clara City Clerk change with the separation of duties with the Assistant City Clerk?
4) What will the cost be to change from elected positions to appointed? By unanimous vote, the Committee passed a motion approving proposed community engagement strategies and research questions for staff.
Public Comment was received from Lee Broughman.
A motion was made by Member Koltermann, seconded by Member Chandra, to approve the outreach strategies as proposed by staff with an amendment that staff include on the City website answers to the research questions that had been received from Committee members. In addition, the Committee requested that staff conduct an online survey to be opened as soon as possible for a period of 4 to 6 weeks with the following questions “1) Should the City Council consider a Charter amendment that would change the position of Police Chief from elected to appointed? Yes or No.
2) Should the City Council consider a Charter amendment that would change the position of City Clerk from elected to appointed? Yes or No." Each of these questions should be followed by an open-ended question that would allow the survey respondent to explain the reasons for their viewpoint.
Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
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Committee members discussed potential questions for a public opinion survey.
A motion was made by Vice Chair Patel, seconded by Member Koltermann, that the survey should include an introductory paragraph directing survey respondents to review the background materials on the Charter Review Committee website prior to completing the survey as well as an open-ended question so that respondents could provide any additional information they would like the Charter Review Committee to consider.
Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
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5. 23-968 Action on the Meeting Schedule for the 2023 Charter Review Committee Recommendation: 1. The Committee adjust the meeting schedule as needed and approve a final schedule.
Members discussed the proposed meeting schedule, ultimately rescheduling the proposed October 5 meeting to October 11.
Members also discussed the timeline for the public opinion survey.
Public Comment was received from Susan Hinton.
A motion was made by Member Koltermann, seconded by Member Chandra, to approve the meeting schedule, with the addition of rescheduling the October 5 meeting to October 11. All meetings will start at 7 p.m.
Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
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CITY STAFF REPORT
Assistant City Manager Bojorquez thanked the Committee for its service and reiterated the importance of its work.
ADJOURNMENT
A motion was made by Member Koltermann, seconded by Member Huynh to adjourn the meeting at 8:51 p.m.
Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
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MEETING DISCLOSURES
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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.