City of Santa Clara
Meeting Minutes
Charter Review Committee
Final
7:00 PM Hybrid Meeting
City Hall - Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
08/24/2023
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/83813216329
• Webinar ID: 838 1321 6329
• By phone: 1(669) 900-6833
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
Chair Houston called the meeting to order at 7:02 p.m.
Assistant City Clerk Pimentel announced that Committee Member Huynh would be participating virtually under the AB 2449 provision “Just Cause” due to an illness.
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 Wesley Mukoyama.
GENERAL BUSINESS
08/24/2023Charter Review Committee Meeting Minutes
1. 23-1044 Action on the Minutes of the August 10, 2023 Charter Review Committee Meeting
Recommendation: RECOMMENDATION
Approve the Charter Review Committee Minutes of the August 10, 2023 meeting.
Motion was made by Committee Member Koltermann, seconded by Committee Member Huynh, to approve the minutes with an
amendment to the votes on Item 2, RTC 23-964, "Action to elect a Chair and Vice-Chair for the 2023 Charter Review Committee," from 1 to 2 votes for Member Davis.
Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
7 -
2. 23-1051 Discussion and Action on Meeting Management Protocols and Amendments to the 2023 Charter Review Committee Meeting Schedule Recommendation: RECOMMENDATION
It is recommended that:
1) The Committee reschedule the October 11, 2023 meeting to October 17, 2023.
2) The Committee provide direction on time limits for public presentations as well as for individual agenda items.
3) The Committee take action on the request to adjust the meeting start time.
Assistant City Manager Cynthia Bojorquez provided a verbal report about establishing time limits for public presentation and public comment and indicated that staff had received a request from Member Chandra to change the start time of the meetings from 7:00 to 7:30 p.m. In addition, Assistant City Manager Bojorquez indicated that the Committee meeting previously scheduled for October 5th needed to be re-scheduled due to a conflict with the Planning Commission meeting and recommended October 17 based on a poll of the Committee members.
Assistant City Attorney Elizabeth Klotz provided an overview of the Roberts Rules of Order.
Committee discussion followed.
Public Comment was received from Hosam Haggag and Wesley Mukoyama in favor of the allocation of longer time limits for public presentations.
Motion was made by Committee Member Koltermann, seconded by Committee Member Seney, to keep the 7:00 pm start time for all meetings; set the time limit to 3 minutes for public presentation and 4 minutes for public comment; and move the meeting from October 11 to October 17.
08/24/2023Charter Review Committee Meeting Minutes
Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
7 -
3. 23-1064 Inventory of Community Questions Related to a Potential Amendment to the City Charter Related to the Elected Chief of Police and City Clerk Recommendation: RECOMMENDATION
1) It is recommended that the Committee conduct the community input session and note and file the comments.
There were no additional comments from the community.
4. 23-1063 Presentation on the Attributes and Constraints of an Elected and an Appointed Chief of Police and City Clerk
Recommendation: RECOMMENDATION
1) It is recommended that the Committee note and file the presentations.
City Clerk Hosam Haggag provided an overview of his role as an elected City Clerk.
Committee member questions and comments followed. City Clerk Haggag responded to Committee questions.
Chief of Police Patrick Nikolai provided an overview of his role as an elected Chief of Police.
Committee member questions and comments followed.
Public Comment was received from Burt Field, Julie Turner, Lorenzo Padilla, Richard Konda, Mark Gilley, Wesley Mukoyama, Gary Bondaug, TK, Jeremy Schmidt, and an anonymous speaker.
Chief of Police Nikolai and City Clerk Haggag responded to questions from the public.
Motion was made by Committee Member Koltermann, seconded by Committee Member Seney to note and file presentations by Chief of Police and City Clerk.
Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
7 -
08/24/2023Charter Review Committee Meeting Minutes
5. 23-1043 Community Forum on Whether to Consider Charter Change(s) to the City of Santa Clara Elected Positions of Police Chief and City Clerk Recommendation: Note and file community input.
Public Comment was received from Burt Field, Hosam Haggag, and Wesley Mukoyama.
CITY STAFF REPORT
Assistant City Manager Bojorquez gave a PowerPoint presentation on the 2023 Charter Review Committee website.
ADJOURNMENT
Motion was made by Committee Member Koltermann, seconded by Committee Member Chandra to adjourn the meeting at 9:50 p.m.
MEETING DISCLOSURES
08/24/2023Charter Review Committee Meeting Minutes
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.
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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.
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