RESOLUTION NO. 20-8895
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
TO REPEAL RESOLUTION NO. 20-8890, 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 That Resolution No. 20-8890 is hereby rescinded in its entirety.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
Council Policy Manual
ADDING AN ITEM ON THE AGENDA
Revised 10/27/2020 CP 030 Page 1 of 3
Resolution No. 20-8895
PURPOSE To establish a clear, effectiv e, 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 Council member 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 ag enda 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 f or 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 Cit y Manager with at le ast thirty (30) cale ndar days prior to the meeting, unless otherwise direc ted 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) d ays as an informational memo.
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
ADDING AN ITEM ON THE AGENDA
Revised 10/27/2020 CP 030 Page 2 of 3
Resolution No. 20-8895
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 C ouncil’s regular agenda within two (2) Council meetings after receiv ed. A fter 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 m ay address the City Council un der the “Public Presentations” section of t he ag enda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager t o be properly added to a future meeting, in compliance with the Brown Act.
PROCEDURE
FOR WRITTEN
PETITIONS
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, Ci ty Clerk’s Office, and the Mayor and Council Offi ces. Alt ernatively, a n 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 placem ent on a n 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 p rovided by the requester wit hout 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 Counci l suppor ts fu rther 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.
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
ADDING AN ITEM ON THE AGENDA
Revised 10/27/2020 CP 030 Page 3 of 3
Resolution No. 20-8895
PROCEDURE
FOR WRITTEN
REQUESTS
FROM CITY
COUNCIL
1. Members of the City Council s hall 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 b y the City Clerk’s Office, it should immediately be forwarded to the City Manager for placement on a n agenda with in 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 p rovided by the requester wit hout any staff analys is, 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 Counci l suppor ts fu rther 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
City of
Santa Clara
The Center of What's Possible
COUNCIL ITEM REQUEST FORM
The Council Item Request F orm 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 th e 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 it em. 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
The Center of What's Possible
Revised 10/24/2023 CP 030
Resolution No. 23-9278
City of Santa Clara
Council Policy Manual
ADDING AN ITEM TO THE
AGENDA
PURPOSE The purpose of this Policy is 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/
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 may 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 material) 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 Council following the
City of
Santa Clara
The Center of What's Possible
Revised 10/24/2023 CP 030
Resolution No. 23-9278
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 meeting 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.
City of
Santa Clara
The Center of What's Possible
Revised 10/24/2023 CP 030
Resolution No. 23-9278
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.
References
10/27/2020 Revised, Resolution No. 20-8895
Attachments: Council Item Request Form
City of
Santa Clara
The Center of What's Possible
COUNCIL ITEM REQUEST FORM
The Council Item Request F orm 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 th e 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 it em. 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. 23-9278
City of
Santa Clara
The Center of What's Possible
City of
Santa Clara
The Center of What's Possible
RECEIVED
NOV 1 2.D23
City Clerk's Offim)UNCIL ITEM REQUEST FORM
City of Santa Clara .
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 _A_n_th_o_n.:....y_B_e_ck_e_r _______________ _ Contact E-mail abecker@santaclaraca .gov
Contact Phone (408) 691-4907
-----------------------------
Tod a y 's Date _1_1_-1_-2_0_2_3 _________________________ _
WRITTEN REQUEST
I, Anthony Becker , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Request from Councilmember Becker to Agendize for Future Council consideration the Release to the Public of the Report of the Investigative Findings Prepared by the Van Dermyden Makus Law Firm regarding a complaint of alleged misconduct at the August 30th, 2022 Closed Session of the City Council.
Item to be placed on the November 7th , 2023 agenda per a prior discussion with the City Attorney .
Reference: Council Policy 030 -Adding an Item on the Agenda Resolution No. 23-9278
SLOAN SAKAI YEUNG & WONG LLP EMERYVILLE | SACRAMENTO
2200 Powell Street, Suite 450 Emeryville, CA 94608 O: 510.995.5800 F: 415.678.3838 www.sloansakai.com
GENEVIEVE NG
415-678-3830
[email protected]
December 9, 2022
Via E-mail
[email protected]
Anthony Becker, Council Member
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Re: Closure of Investigation
Council Member Becker:
As you know, the City retained an outside investigator, Anjuli Fiedler of Van Dermyden Makus, to investigate allegations made against you. Ms. Fiedler is a licensed attorney and experienced investigator. She had full freedom to conduct the investigation as she saw fit without interference or influence from the City. As part of the investigation, she interviewed numerous individuals, including yourself, and reviewed documentary and video information and evidence.
The investigation has concluded. Based on a preponderance of the evidence standard, which means that evidence on one side outweighs the evidence on the other side, Ms. Fiedler did not sustain any of the allegations made by Mayor Gillmor or Council Member Watanabe against you related to the incident that took place during open and closed session meetings on August 30, 2022. Specifically, Ms. Fiedler did not find that you made “hostile,” “bullying” or “unprofessional” comments to Mayor Gillmor during the open session meeting nor did you “threaten” her during the closed session meeting. Ms. Fiedler did not find sufficient evidence to support a finding that you raised your middle finger toward Council Member Watanabe during the closed session meeting. Ms. Fiedler did find that you said “eff off” to her during the closed session meeting, but this action was mitigated by the fact that you said this in a low tone and not in a raised voice as alleged and it was said in response to profanity directed towards you. The Investigator found this action to be unprofessional, but not hostile or bullying.
The City appreciates your participation and cooperation in this investigation. As previously discussed, the City takes such allegations very seriously and will not tolerate inappropriate behavior in the workplace. Everyone is encouraged to bring such matters to our attention at any time, without fear of any adverse action being taken against them for doing so. Please be aware that no employee may retaliate against an individual reporting any incidents of violations of City policy, local, state or federal laws or regulations, or participating in an investigation of incidents Sloan Sakai
AT T ORNEYS A T L AW
Anthony Becker, Council Member
December 9, 2022
of alleged violations. Please report any perceived incidents of retaliation to me as soon as possible.
Your complaints against Mayor Gillmor and Council Member Watanabe have been provided to Interim City Attorney Steve Ngo for follow-up.
Thank you for your cooperation in the investigative process.
Sincerely,
Genevieve Ng
Sloan Sakai
ATTORNEYS AT LAW