City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-748 Agenda Date: 6/6/2023
REPORT TO COUNCIL
SUBJECT
Presentation on Timelines and Administrative Requirements For Placement of Ballot Measures on the March and/or November 2024 Ballot Including Consideration of Amendments to the City Charter to Change the Police Chief and/or City Clerk from Elected to Appointed Positions and Consideration of an Action to Approve a Work Plan for Same, Including Possible Formation of a Charter Review Committee
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
At its meeting of August 30, 2022, the City Council voted to place on a future agenda discussion of possible ballot measures to change the positions of Police Chief and/or City Clerk from elected to appointed positions. (Attachment #1, Minutes of August 8, 2022 City Council meeting and Attachment #2, related June 24, 2022 written petition).
The City Council has also expressed a desire to consider additional revenue measures during the 2024 election cycle.
The purpose of this report is to provide an overview of the procedural requirements and policy considerations related to the 2024 election cycle in an effort to facilitate Council’s timely deliberation of these issues in alignment with election requirements set by the Santa Clara County Registrar of Voters (ROV).
DISCUSSION
As of February 2023, the ROV has indicated there will be two consolidated elections in 2024 - March 5 and November 5. Proposed Charter amendments can be placed on either ballot; however, according Article XIIIC, section 2(b) of the California Constitution, general tax measures can only be considered during a regularly scheduled general election for the members of the governing body, unless an emergency is declared by unanimous vote of the governing body.
Should the Council wish to place measures on the March 5 ballot, the following deadlines would apply:
Milestone Timeline
Approval of Ballot Language & Call for the
Election
Either regularly scheduled Council meeting
in November 2023 (11/7 or 11/14) or at a
special meeting held no later than
November 27, 2023.
Measure Language Due to the ROV 11/23 - 12/8
Arguments For and Against Due to City
Clerk
14 days following call for the election
Rebuttals and Impartial Analysis 10 days following date arguments are filed Election March 5, 2024
City of Santa Clara Printed on 7/5/2023Page 1 of 6
powered by Legistar™
23-748 Agenda Date: 6/6/2023
Milestone Timeline
Approval of Ballot Language & Call for the
Election
Either regularly scheduled Council meeting
in November 2023 (11/7 or 11/14) or at a
special meeting held no later than
November 27, 2023.
Measure Language Due to the ROV 11/23 - 12/8
Arguments For and Against Due to City
Clerk
14 days following call for the election
Rebuttals and Impartial Analysis 10 days following date arguments are filed Election March 5, 2024
Should the Council wish to establish a Charter Review Committee to solicit public input on proposed ballot language, additional time would be needed to allow the Committee to complete its work prior to the potential November/December 2023 Council action to call a March 2024 election.
The following chart summarizes the additional milestones and timelines that would be required in the event a Charter Review Committee process is desired:
Action Start End
Direction on the establishment of a Charter Review
Committee and other related actions (listed below)
June 6, 2023 June 6, 2023
Recruitment Process Initiated June 7, 2023 June 29, 2023 Final Selection of CRC Members July 18, 2023 July 18, 2023 Initial Mtg of CRC to Review Workplan & Schedule
Public Input Process
Week of Aug 7
Public Input Sessions August, 2023 September,
2023
Draft CRC Findings September,
2023
September,
2023
Prepare Staff Report October, 2023 October, 2023
Present CRC Findings & Call for Election if
appropriate
November,
2023
December,
2023
This schedule allows for multiple meetings as well as sufficient time to conduct outreach in between meetings should the City Council decide to move forward with one or more measures on the March 5, 2024 ballot.
It should be noted that the original direction from the City Council at the August 30, 2022 meeting included a request that a survey conducted by the Police Officers Association (POA) on the issue of an elected police chief be included prior to a decision being made to call for an election on the issue.
That report is included as Attachment 3.
Charter Review Committee (CRC)
Scope of Work
City of Santa Clara Printed on 7/5/2023Page 2 of 6
powered by Legistar™
23-748 Agenda Date: 6/6/2023
Should the Council choose to utilize a CRC, a foundational step will be to make a final determination as to the scope of the proposed CRC. For example:
· Does the Council wish to focus the work of the CRC on a charter change for the position of Police Chief, the City Clerk or both?
· Does the Council wish to provide direction to the Charter Committee on who the Police Chief and/or City Clerk positions should be appointed by if not elected (e.g., the City Council or the City Manager).
The scope, discussion and public input process would then be focused on the actual charter amendment language related to whether one (or both) of these positions should be changed from elected to appointed positions.
Appointment Process
In the past, the Council has considered the following three processes when appointing CRC members:
Option 1 - Application Process Similar to Boards and Commissions This option follows the process used to appoint potential committee members for other Boards and Commissions (e.g. Planning Commission). The communications and outreach plan would follow the same process used to seek Boards and Commission members and would also communicate clearly the specific role and scope of the CRC. The recruitment process would take approximately four weeks. Following an open recruitment process and verification of eligibility, formal committee appointments would be made at the July 18, 2023 Council meeting. Council would pre-determine the number of CRC members. Staff recommends that an odd number between 7 and 11 appointments be considered.
Option 2 - Mayor and Each Councilmember Nominates One Member, Approved by the Entire Council
This option would enable the Mayor and Council to each nominate one person for the CRC. All nominees would be formally appointed at the July 18 meeting by the full Council. The Council may, at its discretion, either elect to nominate each member at large or by district (with the Mayor’s appointment at large). If this option is selected, staff would request that the names of Council nominees be provided to the City Clerk no later than July 7, 2023. The Assistant City Clerk would then verify eligibility and place the appointment of CRC members on the July 18th Council agenda.
Option 3 - Another process as deemed appropriate by Council The Council may choose to follow another process as deemed appropriate. An example of an alternative process might be a hybrid of Options 1 and 2. In this scenario, the Council may elect to each nominate one individual (7 members) with an additional 4 appointments selected from individuals who apply to serve through a recruitment process. If this Option is selected, staff would again request that the names of proposed members be submitted to the City Clerk no later than July 7, 2023 in order to allow for eligibility to be verified. Formal approval of all appointments would be made at the July 18, 2023 Council meeting.
Eligibility Requirements and Conflict of Interest
City of Santa Clara Printed on 7/5/2023Page 3 of 6
powered by Legistar™
23-748 Agenda Date: 6/6/2023
It is recommended that the Council follow the eligibility requirements for Boards and Commissions which provides that members be qualified electors of the City. Individuals interested in appointment to the CRC would be required to provide two forms of proof of residency (e.g. driver’s license, passport, utility bill, etc.) along with their application. The City Clerk’s Office would then be responsible for validating eligibility of potential applicants.
November 2024 Election
The City Council may also consider placement of measures on the November 5, 2024 ballot. The Council has expressed a particular interest in establishing an ongoing revenue stream to address the City’s backlog of significant unfunded operating, capital and infrastructure needs.
As general tax measures can only be placed on the ballot of a general election, it is recommended that the November 5 ballot be reserved for consideration of potential revenue measures. In the fall of 2023, staff will provide an updated study session on possible revenue measures for Council’s consideration. Based on Council’s direction at that time, additional voter research would be conducted and a coordinated community outreach and education process would be implemented to help inform the development of a formal measure to be placed on the November 2024 ballot.
Staff intends to retain consultant services to conduct voter research and public input processes to inform the City Council’s policy setting process on potential ballot measures for the November 2024 election.
Council Direction
Staff is seeking Council direction on the following issues:
1. Does the Council wish to consider proposed amendments to the City Charter that would change the positions of Police Chief and/or City Clerk from elected to appointed positions? a. If yes, does the Council wish to consider these items on the March or November 2024 ballot at a projected cost of approximately $432,134 including costs associated with printing, translation services, publication of notices, and other related tasks?
2. If the Council chooses to proceed with a measure(s) to amend the City Charter, does the Council wish to establish a Charter Review Committee?
a. If yes, does this Council prefer Option 1, 2 or 3 with respect to the selection process?
3. If a Charter Review Committee is established, does the Council agree that the same eligibility requirements for Boards and Commissions should apply?
4. If the Council chooses to proceed with a measure(s), what is the proposed CRC scope of work?
a. Does the Council wish to focus the work of the CRC on a charter change for the position of Police Chief, the City Clerk or both?
b. Does the Council wish to provide direction to the Charter Committee on who the Police Chief and/or City Clerk positions should be appointed by if not elected (e.g., the City Council or the City Manager).
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 15478(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a City of Santa Clara Printed on 7/5/2023Page 4 of 6
powered by Legistar™
23-748 Agenda Date: 6/6/2023
potential significant impact on the environment.
FISCAL IMPACT
The ROV has estimated the cost for two measures on the March 5, 2024 ballot to be approximately $362,000. In addition to this amount, the City would incur approximately $60,000-70,000 for costs associated with printing, translation services, the publication of notices, another other related costs for a total of approximately $432,000. It is important to note that this amount is an estimate only based on projected registration and available information. It is subject to change upon final billing of the actual charges after the election. If approved, budget amendments will be brought separately to the City Council for approval.
COORDINATION
This report has been coordinated with the City Clerk’s Office, the City Attorney’s Office and the City Manager’s Office.
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.
ALTERNATIVES
1. Do not proceed with a charter amendment for either the position of Police Chief or City Clerk.
2. If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process, including the establishment of a CRC, to consider an amendment to the City Charter on the March 5, 2024 ballot that would change the positions of Police Chief and/or City Clerk from elected to appointed positions with the scope, size and method of appointment for the CRC to be defined by the City Council.
3. If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process to consider an amendment to the City Charter but without a CRC.
4. Other direction as deemed appropriate by Council.
RECOMMENDATION
If the Council chooses to proceed with a measure(s) to amend the City Charter, direct staff to proceed with a proposed public input process, including the establishment of a CRC, to consider an amendment to the City Charter on the March 5, 2024 ballot that would change the positions of Police Chief and/or City Clerk from elected to appointed positions with the scope, size and method of appointment for the CRC to be defined by the City Council.
Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
1. Minutes of August 30, 2022 City Council meeting
2. RTC 22-858 re 030 Written Petition dated 6/24/22
City of Santa Clara Printed on 7/5/2023Page 5 of 6
powered by Legistar™
23-748 Agenda Date: 6/6/2023
3. POA Survey
City of Santa Clara Printed on 7/5/2023Page 6 of 6
powered by Legistar™
City of Santa Clara
Meeting Minutes
Council and Authorities Concurrent &
Special Stadium Authority Meeting
08/30/2022 3:30 PM Hybrid Meeting
City Hall Council ChambersNirtual
1500 Warburton Avenue
Santa Clara, CA 95050
The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continued to have methods for the public to participate remotely) . Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9135, Councilmembers may teleconference from remote locations and the City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1 (669) 900-6833
• Via the City's eComment (now available during the meeting) • Via email to [email protected]
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City's YouTube channel or Facebook page.
NOTICE IS HEREBY GIVEN that, pursuant to the provIsIons of California Government Code §54956 ("The Brown Act") and Section 708 of the Santa Clara City Charter, the Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on August 30, 2022, at 3:30 PM for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.
Closed Session - 3:30 PM I Regular Meeting - 7:00 PM
3:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 3:34 PM.
City of Santa Clara Page 1 Printed on 11/20/2022
ATTACHMENT 1
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
Roll Call
Present: 6 - Council/Boardmember Kathy Watanabe, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Vice Mayor/Chair Suds Jain, Council/Boardmember Anthony Becker, and
Mayor Lisa M. Gillmor
Absent: 1 - Councilmember Raj Chahal
A motion was made by Council/Boardmember Hardy,
seconded by Council/Boardmember Park, to excuse Council/ Boardmember Chahal from the meeting.
Aye: 6 - Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, Council/ Boardmember Becker, and Mayor/Chair Gillmor
Absent: 1 - Council/Boardmember Chahal
1.A 22-1095 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code§ 54957.6
City of Santa Clara
City representative: City Manager's designee
Employee Organization(s) :
Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171 Unit #2-Santa Clara Police Officer's Association
Unit #3-IBEW Local 1245 (International Brotherhood of Electrical Workers) Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #6-AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9-Miscellaneous Unclassified Management Employees Unit #BA-Unclassified Police Management Employees
Unit #BB-Unclassified Fire Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees Association) (Deferred from August 16, 2022)
Page2 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
1.8 22-1100
City of Santa Clara
Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code§ 54956.9(d)(1) .
Forty Niners Stadium Management Company LLC, et al., v. City of Santa Clara, et al. Santa Clara County Superior Court Action No. 19CV355432; Forty Niners Stadium Management Company LLC, et al. v. Santa Clara Stadium Authority , et al., Santa Clara County Superior Court Action No. 17CV304903; and Forty Niners Stadium Management Company LLC v.
Santa Clara Stadium Authority, JAMS Case No. 1110024318 (Continued from August 16, 2022)
Public Speaker expressed comments of concern regarding settlement offer from the San Francisco 49ers.
Teresa O'Neill expressed comments of concern regarding settlement offer from the San Francisco 49ers and have a public process to discussing the settlement offer.
Larry McColloch requested Councilmembers whom have had private meetings with the San Francisco 49ers should refrain from voting on the settlement agreement.
Public Speaker expressed comments to settle the lawsuit and bring live events to Santa Clara.
Public Speaker expressed comments to settle the lawsuit and bring weekend events to help local hotels .
Public Speaker expressed comments to settle the lawsuit and bring weekend events to help local hotels.
Jas Sajjan expressed comments to bring live events back to Santa Clara.
Harbir Bhatia expressed comments to settle the lawsuit and build economic growth in the City.
Zoom user expressed comments to settle the lawsuit and bring live events to Santa Clara.
SD expressed comments to settle the lawsuit and work with the San Francisco 49ers to build economic benefit in the City.
Christian Pellecchia requested the Council to be more transparent regarding decision-making .
Page3 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
City of Santa Clara
Jordan Wong expressed comments to settle the lawsuit and bring weekend events to help local hotels.
Shawn Romeo expressed comments to settle the lawsuit and bring weekend events to help local hotels.
Kirk Vartan expressed comments of concern regarding settlement offer from the San Francisco 49ers.
Lori Garmany expressed comments to settle the lawsuit and work with the San Francisco 49ers.
Justin Hart expressed comments to settle the lawsuit and bring weekend events to help local hotels.
Jasbir Bhatia expressed comments to settle the lawsuit and work with the San Francisco 49ers.
Kathy Kelsey expressed comments that the settlement discussion be conducted in public.
Monica (eComment) expressed comments that the settlement discussion cannot occur in public.
John Galt (eComment) expressed comments to settle the lawsuit.
Harold Lunt (eComment) expressed comments of concern of the offer from the San Francisco 49ers.
Mark Kelsey (eComment) expressed comments requesting the discussion on the settlement to be done in public.
Assistant City Clerk Pimentel noted that the City Clerk's Office received 101 emails in support of settlement and save live events, 235 public comment emails in support of Item 1. B, and 13 additional non-form letter emails.
Edward Strine expressed comments of concern regarding the voting process.
Council comments and questions followed.
City Manager Batra and Interim City Attorney Ngo addressed the Council questions.
Page4 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes
Council comments continued.
A motion was made by Council/Board member Watanabe, seconded by Mayor/Chair Gillmor, to table this discussion as an informational session in an open meeting before making a decision.
Aye: 2 - Council/Board member Watanabe, and Mayor/Chair Gillmor Nay: 4 - Council/Boardmember Hardy, Council/Boardmember Park, Vice Mayor/Chair Jain, and Council/Boardmember Becker
Excused: 1 - Council/Boardmember Chahal
Motion Fails.
Public Comment
Convene to Closed Session (Council Conference Room)
Council/Board convened to Closed Session.
7:00 PM COUNCIL REGULAR/SPECIAL STADIUM AUTHORITY MEETING Call to Order
Mayor/Chair Gillmor called the open session to order at 7:42 PM.
Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.
Council/Boardmember Watanabe recited the Statement of Values.
Assistant City Clerk/Secretary Pimentel recited the AB 23 Annoucement and Behavioral Standards.
08/30/2022
Assistant City Clerk/Secretary Pimentel noted that any registered Lobbyist must identify themselves and whom they represent when speaking at a Public Meeting.
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City of Santa Clara
Interim City Attorney Ngo noted that there was no reportable action from Closed Session.
Page5 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
Mayor Gillmor moved up Item 11 to after Public Presentations .
Mayor Gillmor requested a moment of silence for the loss of Glenda Cresap (Heart of the Valley - Retired Executive Director).
SPECIAL ORDER OF BUSINESS
2.A 22-954
2.B 22-1046
2.C 22-836
2.D 22-650
City of Santa Clara
Recognition of Intel Corporation for Donation of At-Home Test Kits to Support City's COVID-19 Emergency Response
Mayor Gillmor recognized Intel Corporation for donation of At-Home COVID-19 Testing Kits.
Chief Emergency Services Officer Schoenthal made a brief presentation and acknowledged Security Operations Manager (Intel) Dan Winter (on behalf of Intel) donation to the City.
Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic
Chief Emergency Services Officer Schoenthal gave a verbal update on COVID-19 and will provide the next update in 60 days.
Council questions and comments followed.
Chief Emergency Services Officer Schoenthal and Emergency Services Management Analyst Guzman addressed Council questions.
Verbal Report Update from City Manager Regarding the Local Drought Emergency
Assistant Director of Water and Sewer Shi I pa gave a verbal update on the Local Emergency Drought.
Council comments followed.
Proclamation of September 2022 as Community Preparedness Month Mayor Gillmor proclaimed September 2022 as Community Preparedness Month.
Chief Emergency Services Officer Schoenthal and Emergency Services Management Analyst Guzman accepted the proclamation .
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
CONSENT CALENDAR
3.A
Mayor Gillmor noted that she will be abstaining from Item 3.M due to a potential conflict of interest as her property is within 1,000 ft of subject property.
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve the Consent Calendar.
Aye: 6 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor Excused: 1 - Councilmember Chahal
22-404 Action on the Council and Authorities Concurrent & Special Stadium Authority Meeting Minutes of May 10, 2022, Special City Council Meeting Minutes of May 16, 2022, and Special City Council Meeting Minutes of May 17,2022
Recommendation: Approve the Meeting Minutes of:
3.8 3.C
22-25
May 10, 2022 Council and Authorities Concurrent & Special Stadium Authority Meeting;
May 16, 2022 Special City Council Meeting ; and
May 17, 2022 Special City Council Meeting
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
22-898
Parks & Recreation Commission - July 19, 2022
Board of Library Trustees - June 9, 2022
Senior Advisory Commission - July 25, 2022
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
Action on Bills and Claims Report (CC, SCSA, HA) for the period June 4, 2022 - July 15, 2022
Recommendation: Approve the list of Bills and Claims for June 4, 2022 - July 15, 2022.
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
City of Santa Clara Page 7 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
3.D
3.E
22-976 Action on a Resolution to Amend Resolution No. 22-9131 Ordering the Summary Vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, a Portion of Stars and Stripes Drive, and a Portion of Tasman Drive
Recommendation: Adopt a Resolution to Amend Resolution No. 22-9131 ordering the 22-332
summary vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, and a portion of Stars and Stripes Drive [vicinity of APN104-03-036, 037, 038, 039, and 040 (2020-21 )]; and a portion of Tasman Drive [vicinity of APN104-03-036, 037, and 038 (2021-22)] SC21-0025.
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to adopt Resolution No. 22-9138 amending Resolution No. 22-9131 ordering the summary vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, and a portion of Stars and Stripes Drive [vicinity of APN104-03-036, 037, 038, 039, and 040 (2020-21 )]; and a portion of Tasman Drive [vicinity of APN104-03-036, 037, and 038 (2021-22)] SC21-0025.
Approve the 2022 Agreement with the County of Santa Clara to accept County funding for the purchase of Emergency Medical Services equipment and Related Budget Amendment
Recommendation: 1. Approve and authorize the City Manager to execute the 2022 Agreement between the County of Santa Clara and City of Santa Clara to accept County funding for the purchase of Emergency Medical Services equipment in the amount of $38,811 for FY 2021/22;
2. Approve the related FY 2021/22 budget amendment in the Fire Operating Grant Trust Fund to increase the Other Agencies Revenue by $38,811 and establish an Emergency Medical Services County Patient Care System 2022 appropriation in the amount of $38,811 (five affirmative Council votes required to appropriate additional revenue); and
3. Authorize the City Manager to negotiate and execute amendments to the Agreement on behalf of the City; subject to Council appropriation of funds.
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
City of Santa Clara Pages Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
3.F 22-972 Action on Agreements with Banksia Landscape for Landscap ing Maintenance Services, and with Cagwin & Dorward for Tree Maintenance Services , at the Santa Clara Convention Center Complex - Maintenance District No. 183
Recommendation: 1. Authori ze the City Manager to execute an agreement with Banksia Landscape for landscaping maintenance services at the Santa Clara Convention Center Complex - Maintenance District No. 183 for an initial one-year term, with maximum compensation not-to-exceed $241,894 ;
2. Authorize the City Manager to execute an agreement with Cagwin & Dorward for tree maintenance services at the Santa Clara Convention Center Complex - Maintenance District No. 183 for an initial one-year term, with maximum compensat ion not-to-exceed $83,906; and
3. Authorize the City Manager to exercise up to four one-year options to extend the term of both agreements after the initial term, subject to the appropriation of funds.
A motion was made by Councilmember Becker , seconded by Councilmember Park, to approve staff recommendation.
3.G 22-164 Action on Agreements for Services with Aspen Environmental Group and Panorama Environmental , Inc. to Provide As-Needed Environmental Consulting Services
Recommendation:
City of Santa Clara
1. Authorize the City Manager to Negotiate and Execute an As-Needed Environmental Consulting Services Agreement with Aspen
Environmental Group in an amount not to exceed $1,500 ,000 for a five-year period;
2. Authorize the City Manager to Negotiate and Execute an As-Needed Environmental Consult ing Services Agreement with Panorama Environmental , Inc. in an amount not to exceed $500,000 for a five-year period;
3. Authorize the City Manager to execute amendments to extend the term of the Agreements for up to one additional year or longer if required to complete projects initiated during their term; and
4. Authorize the City Manager to execute amendments to increase total maximum compensation by $500,000 for a total maximum
compensation of $2,500,000 for both agreements subject to appropriation of funds if required to (a) add or delete services or (b) allow for future rate adjustments .
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
3.H
3.1 22-979 Action on Amendment No. 1 to Agreement with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Functional Devices Recommendation: Authorize the City Manager to execute Amendment No. 1 to the Agreement with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Function Devices to increase the maximum compensation by $750,000 for a revised maximum compensation of $2,150,000, and extend the term of the agreement through August 31, 2024, subject to the appropriation of funds.
22-579
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
Action on Amendment No. 2 to the Agreement with ELB US Inc. for Enterprise Audio-Visual Professional Services at City facilities and Approve the Related Budget Amendment
Recommendation: 1. Authorize the City Manager to execute Amendment No. 2 to the Agreement with ELB US Inc. for Enterprise Audio-Visual Professional Services to extend the term of the agreement by two years ending on June 30, 2025, and to execute Call No. 22.1 for Enterprise Audio- Visual Professional Services in Santa Clara City Library Facilities and Council Chambers for a maximum compensation not-to-exceed $385,604 and subject to budget appropriations; and
2. Authorize the City Manager to execute future Calls not-to-exceed $100,000 per Call throughout the term of the agreement without further Council action and subject to the appropriation of funds .
3. Authorize the City Manager to extend the term of the agreement , if required, to match the end date of any Call issued prior to June 30, 2025 but has an end date that extends beyond the contract term. No new Calls will be issued after June 30, 2025.
4. Approve the FY 2022/23 budget amendment in the Public, Educational and Governmental Fee Fund to appropriate $287,604 from the unrestricted fund balance (five affirmative Council votes required for the use of unused balances).
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
City of Santa Clara Page 10 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
3.J 22-853 Action on Amendment No. 1 to Agreement with US Digital Designs , Inc. for a Fire Station Alerting System and Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with US Digital Designs, Inc. for a Fire Station Alerting System to increase the amount of the Agreement by $89,726.02 for a revised not-to-exceed compensation of $754,893.56.
2. Authorize the City Manager to spend a contingency amount of $75,489 in the event that additional hardware and related services are required prior to project completion, subject to the appropriation of funds .
3. Approve the FY 2022/23 budget amendment in the Fire Capital Fund to increase the transfer from the General Fund and increase the CAD Alerting System Upgrade capital project appropriation by $73,613 (five affirmative Council votes required to appropriate additional revenue) .
4. Approve the following FY 2022/23 budget amendment in the General Fund to increase the transfer to the Fire Capital Fund and decrease the Land Sale Reserve by $73,613 (five affirmative votes required for the use of unused balances).
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
3.K 22-922 Action on Designating a Voting Delegate for the 2022 League of California Cities Annual Business Meeting and City Positions on Proposed Bylaws Amendments
Recommendation: 1. Designate Councilmember Kevin Park to serve as the voting delegate to represent the City of Santa Clara at the 2022 League of California Cities Annual Business Meeting; and
City of Santa Clara
2. Approve a "Support" position for the proposed bylaws amendments outlined in the attached 2022 Annual Conference and Expo Proposed Bylaws Amendments packet which will 1) designate the Second Vice-President as the Resolutions Committee chair, while retaining the President's authority to appoint the vice chair of the Resolutions Committee; 2) adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members; 3) provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; 4) replace the title "Second Vice-President/Treasurer" with "Second Vice President"; and 5) replace the term "board member(s)" with "Director(s)"; and authorize the City's voting delegate to cast a vote consistent with the Council 's adopted position .
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
3.L 22-931 Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU
Recommendation: Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
3.M 22-971 Action on Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 1091 Jefferson Street
3.N
Recommendation: 1. Approve the addition of the property located at 1091 Jefferson Street to the City's HRI; and
2. Authorize the City Manager to execute a Mills Act Contract and adopt the 10-Year Restoration and Maintenance Plan associated for the property at 1091 Jefferson Street.
Mayor Gillmor noted she will be abstaining from Item 3.M due to a potential conflict of interest as her property is within 1,000 ft of subject property .
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
Aye: 5 - Councilmember Watanabe, Councilmember Hardy , Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Excused: 1 - Councilmember Chahal
Abstained: 1 - Mayor Gillmor
22-923 Note and File Informational Report to Council on Modifications to the Police Department's Unmanned Aircraft System Program Policy Recommendation: Note and file informational report to Council on adjustments to Santa Clara Police Department Policy #606, Unmanned Aircraft System Operations.
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to approve staff recommendation.
City of Santa Clara Page 12 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
3.0 22-2029
Recommendation:
Action on the Introduction of an Ordinance Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California" to Implement New Purchasing Requirements and Update Administrative Language
Introduce an Ordinance Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 ("Administration and Personnel ") of ''The Code of the City of Santa Clara, California" to Implement New Purchasing Requirements and Update Administrative Language.
A motion was made by Councilmember Becker, seconded by
Councilmember Park, to Pass to Print Ordinance No.2050 Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California" to Implement New Purchasing Requirements and Update Administrative Language.
PUBLIC PRESENTATIONS
Priya expressed comments of concern regarding matters discussed in Closed Session.
Betsy Megas noted that she emailed information to Councilmembers on the ballot regarding transportation management.
CONSENT ITEMS PULLED FOR DISCUSSION
None.
PUBLIC HEARING/GENERAL BUSINESS
City of Santa Clara Page 13 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
4. 22-605 Action on a Resolution Adopting the Pruneridge Avenue Complete Streets Plan and Selection of a Preferred Design Concept
Recommendation: Alternative 1: Adopt a resolution adopting the Pruneridge Avenue Complete Streets Plan; and
select one of the following
Alternative 5: Concept 2 (Two lanes, center turn lane, and buffered bike lanes) as the preferred alternative;
or
Alternative 7: Concept 4 with buffered bike lanes (Hybrid Option - Two lanes between Pomeroy Avenue and Luther Drive, four lanes between Gamblin Drive and Saratoga Avenue , two lanes between Harold Avenue and Winchester Boulevard, center turn lane, buffered bike lanes along the entire study area, and parking removal on the south side of Pruneridge Avenue between Saratoga Avenue and Harold Avenue) as the preferred alternative.
Mayor Gillmor recused herself from the dais due to a potential conflict of interest as FPPC is determining whether she can vote on Pruneridge related items.
Vice Mayor Jain presided over this item.
Director of Public Works Mobeck provided an introduction to this item and Assistant Director of Public Works Liw gave a Powerpoint presentation .
Council comments and questions followed.
Assistant Director of Public Works Liw addressed Council questions.
Public Speaker(s): Gabriela Landaveri
Betsy Megas
Mikael Bengtson
Rosie Chen
Alexis Tan
Vincent Chen
Sahana Moogi
Jessie
Council comments and questions followed .
Kathryn Hedges
Thomas Granvold
Erik Lindskog
Marylou Avanzino
Public Speaker (2)
Ray Hosler (eComment)
Kirk Vartan (E-Mail)
Assistant Director of Public Works Liw addressed Council questions.
Public Speaker(s): George Stoyko
City of Santa Clara Page 14 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
11. A motion was made by Councilmember Hardy, seconded by Councilmember Park, to adopt Resolution No. 22-9139 adopting the Pruneridge Avenue Complete Streets Plan.
Aye: 5 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
Council comments followed.
A motion was made by Councilmember Hardy, seconded by
Councilmember Jain, to adopt Concept 4 with buffered bike lanes (Hybrid Option - Two lanes between Pomeroy Avenue and Luther Drive, four lanes between Gamblin Drive and Saratoga Avenue, two lanes between Harold Avenue and Winchester Boulevard, center turn lane, buffered bike lanes along the entire study area, and parking removal on the south side of Pruneridge
Avenue between Saratoga Avenue and Harold Avenue) as the preferred alternative.
Aye: 4 - Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Nay: 1 - Councilmember Watanabe
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
22-984
Vice Mayor Jain called for a 5 minute recess at 9:54 PM.
Mayor Gillmor returned to the dais and presided over the meeting.
Action on a Written Petition (Council Policy 030), Submitted by Victor Ojakian Requesting to Place an Agenda Item on a Future Council Meeting for Council to Adopt a City Suicide Prevention Policy
Recommendation: Staff makes no recommendation.
A motion was made by Councilmember Park, seconded by
Councilmember Hardy, to agendize the Written Petition for Council to consider adopting a City Suicide Prevention Policy for a future Council and Authorities Concurrent meeting agenda.
City of Santa Clara Page 15 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
10 Aye: 5 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Mayor Gillmor
Excused: 1 - Councilmember Chahal
Absent: 1 - Councilmember Becker
22-983 Action on a Written Petition (Council Policy 030), Submitted by Lee Broughman Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss the Issue of Council Person Karen Hardy and Raj Chahal Attendance as a Guest of 49ers at a Game on November 15, 2021 in Violation of Santa Clara City Council Gift Policy and reprimand for these violations
Recommendation: Staff makes no recommendation.
Item deferred to the next Council and Authorities Concurrent Meeting.
Written Petitioner Victor Ojakian provided comments on his written petition request to adopt a written City Suicide Prevention Policy . (Item 11) City of Santa Clara Page 16 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
5. 22-623 Action to Consider Possible Financial Assistance Options Related to the Replacement of a Private Concrete Wall Adjacent to Pruneridge Avenue in the Laurel Park East Neighborhood and Potential Delegated Authority for a Budget Amendment
Recommendation: 1. Any one of Alternatives 1 through 4; Alternative 5; and Alternative 6 (only if one of Alternatives 1 through 4 is selected) .
City of Santa Clara
2. Delegate authority to the City Manager to execute a budget amendment , offset by the General Fund Land Sale Reserve, based on any potential scenario not to exceed $95,548 , if approved by the City Council. Under Article XIII of the City Charter, the City Council must first approve any budget amendment or supplement by at least five (5) affirmative votes.
Mayor Gillmor recused herself from this item due to a potential conflict of interest as her property is near Pruneridge Avenue and left the dais at 10:04 PM.
Vice Mayor Jain presided over the item.
Director of Public Works Mobeck gave a Powerpo int presentation.
Council comments and questions followed.
Director of Public Works Mobeck addressed Council questions .
Jared Peters (property owner) gave a verbal report .
Public Speaker(s): Public Speakers (2)
A motion was made by Councilmember Becker to approve Alternative 3:
reimburse property owne rs 100% for permits, demolition, and temporary fencing and 50% for wood fencing and staining costs (not to exceed $95,548).
Motion failed due to a lack of second .
Council comments and questions followed.
A motion was then made by Councilmember Becker, seconded by Vice Mayor Jain, to approve Alternative 2: reimburse property owners 50% (not to exceed $70,494) of the project cost.
City Manager Batra, Interim City Attorney Ngo, Director of Public Works Mobeck, and Jared Peters addressed Council questions.
Council and Authorities Concurrent
Meeting
Meeting Minutes
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve Alternative 2: reimburse property owners 50% (not to exceed $70,494) of the project cost.
Aye: 3 - Councilmember Watanabe, Vice Mayor Jain, and Councilmember Becker
Nay: 2 - Councilmember Hardy, and Councilmember Park
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
Motion failed due to requiring five affirmative votes.
Council comments and questions followed.
Director of Public Works Mobeck and Interim City Attorney Ngo addressed Council questions.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to approve Alternative 1: reimburse property owners 25% (not to exceed $35,247) of the project cost.
08/30/2022
Aye: 4 - Councilmember Watanabe, Councilmember Hardy, Vice Mayor Jain, and Councilmember Becker
Nay: 1 - Councilmember Park
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
City of Santa Clara
A motion was made by Councilmember Hardy, seconded by
Councilmember Becker, to approve Alternative 5: authorize tree related work described in this report that will be performed by City contractors through existing contracts and budgets
Aye: 5 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes
Council comments and questions followed.
Director of Public Works Mobeck and Interim City Attorney Ngo addressed Council questions.
A motion was by Councilmember Becker, seconded by Hardy, to approve Alternative 6: authorize the City Manager to execute reimbursement agreements with individual property owners, as necessary and consistent with this Report, not to exceed the total reimbursement amount authorized by Council and staff
recommendation 2: delegate authority to the City Manager to execute a budget amendment, offset by the General Fund Land Sale Reserve, based on any potential scenario not to exceed $95,548, if approved by the City Council. Under Article XIII of the City Charter, the City Council must first approve any budget amendment or supplement by at least five (5) affirmative votes.
08/30/2022
Aye: 4 - Councilmember Watanabe, Councilmember Hardy, Vice Mayor Jain, and Councilmember Becker
Nay: 1 - Councilmember Park
Excused: 1 - Councilmember Chahal
Recused: 1 - Mayor Gillmor
City of Santa Clara
Mayor Gillmor returned to the dais and presided over the remainder of the meeting.
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
6. 22-839 Action on Written Petition Regarding Street Tree Canopy Advocacy Recommendation: Alternative 1: Note and file this staff report.
Craig Larsen and Charlotte gave a Powerpoint presentation.
Director of Public Works Mobeck provided a brief verbal report .
Council questions followed.
Director of Public Works Mobeck addressed Council questions.
Public Speaker(s): George Stoyko spoke on Item 5
Council comments followed.
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to note and file the report.
Aye: 6 - Councilmember Watanabe, Councilmember Hardy, Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor Excused: 1 - Councilmember Chahal
WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE
PUBLIC/COUNCIL
7. 22-858 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the Possibility of a Ballot Measure to Change the Chief of Police and City Clerk Position from Elected to Appointed Recommendation: Staff makes no recommendation.
City of Santa Clara
Vice Mayor Jain provided a verbal report to discuss the possibility of a Ballot Measure to change the Chief of Police and City Clerk position from Elected to Appointed .
Council comments followed .
Public Speaker(s): Chief of Police Nikolai
Lori Garmany
Susan Hinton (eComment)
City Clerk Hosam Haggag
A motion was made by Councilmember Park, seconded by
Councilmember Jain, to place the written petition on a future agenda and include police survey.
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes 08/30/2022
8. 9.
Aye: 4 - Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Nay: 2 - Councilmember Watanabe, and Mayor Gillmor
Excused: 1 - Councilmember Chahal
22-873
City Manager Batra noted this item be brought back early next year.
Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Changing the Parking Policy Since Providing Free Parking at the Convention Center is Very Expensive
Recommendation: Staff makes no recommendation.
Vice Mayor Jain provided a verbal report on his written petition to discuss changing the Parking Policy since providing free parking at the Convention Center is very expensive.
A motion was made by Councilmember Becker, seconded by Vice Mayor Jain, to place this request on a future Council and Authorities Concurrent Meeting agenda.
Aye: 4 - Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Nay: 2 - Councilmember Watanabe, and Mayor Gillmor
Excused: 1 - Councilmember Chahal
22-875 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss how to Change the Noticing Policy so as to Reach More People
Recommendation: Staff makes no recommendation .
Vice Mayor Jain provided a verbal report on his written petition requesting to discuss how to change the Noticing Policy so as to reach more people .
Public Speaker(s): Lori Garmany
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to agendize the written petition to a future priority setting session.
Aye: 4 - Councilmember Hardy, Councilmember Park, Vice Mayor Jain, and Councilmember Becker
Nay: 2 - Councilmember Watanabe , and Mayor Gillmor
Excused: 1 - Councilmember Chahal
City of Santa Clara Page 21 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
Meeting Minutes
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
None.
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
08/30/2022
City Manager Batra noted the Police Department's quick response to aid re-connecting a member of the public with her family .
22-903
22-1104
ADJOURNMENT
Update on City Council and Stadium Authority Staff Referrals Tentative Meeting Agenda Calendar (TMAC)
The meeting was adjourned at 11 :59 PM.
A motion was made by Council/Boardmember Becker, seconded by Vice Mayor/Chair Jain, to adjourn the meeting.
Aye: 6 - Councilmember Watanabe, Councilmember Hardy , Councilmember Park, Vice Mayor Jain, Councilmember Becker, and Mayor Gillmor Excused: 1 - Councilmember Chahal
The next regular scheduled meeting is on Tuesday, September 13, 2022 in the City Hall Council Chambers.
City of Santa Clara Page 22 Printed on 11/20/2022
Council and Authorities Concurrent &
Special Stadium Authority Meeting
MEETING DISCLOSURES
Meeting Minutes 08/30/2022
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.
AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.
Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.
LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
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.
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. ~ Assistant City Clerk/Secretary
City of Santa Clara Page 23 Printed on 11/20/2022
REPORT TO COUNCIL
SUBJECT
..Title
Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the Possibility of a Ballot Measure to Change the Chief of Police and City Clerk Position from Elected to Appointed
.
.Report
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 or Council 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 Council Written Request on June 24, 2022 requesting to place an agenda item at a future council meeting to Discuss the Possibility of a Ballot Measure to Change the Chief of Police and City Clerk positions from Elected to Appointed
(Attachment 2).
I
n the request, Vice Mayor Jain states:
S
anta Clara is the only city in the State of California with an elected Chief of Police.
Also is seems that only 28% of California cities have elected City Clerks which means
2.5 times as many cities have non-elected clerks than elected clerks.
S
tate Law says that a person needs to be a resident of the City of Santa Clara in order to run for the office of Chief of Police. I imagine that when the provision was put in our Charter for an elected Chief of Police, most of the police officers lived in the City.
Currently there are only 12 sworn officers (including the Chief) out of a force of 153 sworn who live in the City.
T
he ranks of officers currently living in the City are as follows:
Police Chief - 1
Police Captain - 1
Police Lieutenant - 2
ATTACHMENT 2
Police Sergeant - 1
Police Officer – 7
T
his seems to me to be a very limited pool to draw from and, when considering management experience, the pool shrinks even further.
I
believe that Santa Clara should be able to recruit from the best police forces in the Nation for our Police Chief just like all the other cities in California do.
T
he Santa Clara County Sherriff has had numerous complaints and yet she kept getting re-elected. Eventually, the entire board of Supervisors voted unanimously that they had lost confidence in her and she is retiring. This shows that the power of incumbency and that name recognition can keep someone in office who probably should not be there. I explain this because the residents of Santa Clara often claim that having an elected Chief of Police makes them more accountable to the residents.
T
he current City Clerk position is part-time and this person handles only election related matters while the bulk of the traditional City Clerk duties (like meeting agendas and packets, meeting minutes, meeting voting, are handled by a professional Assistant City Clerk who is fulltime and is supported by a number of staff members. It makes little sense to me for the City Clerk to be someone who ran for office and is thus a political person who had to raise money and get endorsements. There are no requirements for experience or training before being elected to the position. There are also no requirements as to how many hours the City Clerk works, nor office hours held nor meeting attendance. There is essentially no accountability to anyone except to the voters every 4 years or via recall and I believe the bar for recall is extremely high.
Clearly a super-majority of cities in California have chosen to make this position appointed/hired rather than elected and I believe for good reason.
I
would like to have a discussion about the possibility of a ballot measure to change the Chief of Police and City Clerk positions from elected to appointed.
FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.
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].
ALTERNATIVES
1. Set a future Council meeting date to take action on the Written Petition received.
2. Take no action.
3. Any other City Council Action, as determined by the City Council.
RECOMMENDATION
..Recommendation
Staff makes no recommendation.
..S
taff
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Policy and Procedure 030 - Adding an Item on the Agenda
2. Council Written Request submitted by Vice Mayor Jain dated June 24, 2022 ***CONFIDENTIAL***
Internal Poll Results
Santa Clara
June 20, 2022
ATTACHMENT 3
Santa Clara What is the most important issue
facing Santa Clara Today?
***CONFIDENTIAL***
Santa Clara Do you feel Santa Clara is:
***CONFIDENTIAL***
Santa ClaraOverall, how would you rate the performance of the Santa Clara Police Department? ***CONFIDENTIAL***
Santa ClaraDid you know Santa Clara is one of the last cities in California to ”elect” their Police Chief? ***CONFIDENTIAL***
Santa ClaraDo you prefer the ability to “elect” the Santa Clara Police Chief or would you want the Chief to be appointed by City Leaders? ***CONFIDENTIAL***
Methodology and Demographics
Completed June 16 – 20, 2022
Joseph Cameron, CEO
[email protected]
(774) 306 - 1300
***CONFIDENTIAL***
Police Department
Memorandum
Date: June 2, 2023
To: Mayor and City Council
City Manager Jōvan Grogan
From: Pat Nikolai, Chief of Police
Subject: Elected Chief Charter Amendment Ballot Measure Unfortunately, I am out of the country on a pre-planned vacation, so I am unable to attend this meeting. However, I felt that it was important to provide input on this issue, so I am asking that this memorandum be included in your packet.
I am adamantly opposed to making the Chief of Police an appointed position. And the residents of Santa Clara agree with my opinion. I base that statement on the following facts:
• The voters have rejected this proposal in two previous elections. • The last Charter Review Committee decided to not even place it on the ballot. • A recent survey showed that the vast majority of respondents prefer having an elected Chief.
I find it ironic that the Council Pillar under which this measure is being proposed is “Enhance Community Engagement and Transparency”. Elections are the foundation of Community Engagement. How does taking the vote away from residents “enhance” their engagement.
The Diversity Equity and Inclusion Task Force also looked at this issue. They submitted a letter to the City Council stating, “…having an elected Chief of Police promotes access, accountability, and equity.” So again, I ask; How does making the Chief an appointed position “enhance transparency”.
Recent events have shown that an elected Chief is independent, and is willing to call out potential issues, putting public safety ahead of special interests. Would an appointed Chief have been willing to do the same?
I urge the City Council to focus on issues critical to the City, such as finding a long-term budget solution to our ongoing structural deficit and the critical shortage in our Capital Improvement budget.
ATTACHMENT 4
POST MEETING MATERIAL
Council and Authorities Concurrent Meeting on 2023-06-06 4:00 PM Meeting Time: 06-06-23 16:00
eComments Report
Meetings Meeting
Time
Agenda
Items
Comments Support Oppose Neutral
Council and Authorities Concurrent
Meeting on 2023-06-06 4:00 PM
06-06-23
16:00
49 4 1 2 1
Sentiments for All Meetings
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
E-COMMENTS
Council and Authorities Concurrent Meeting on 2023-06-06 4:00 PM 06-06-23 16:00
Agenda Name Comments Support Oppose Neutral
1.B 23-748 Presentation on Timelines and Administrative Requirements For Placement of Ballot Measures on the March and/or November 2024 Ballot Including Consideration of Amendments to the City Charter to Change the Police Chief and/or City Clerk from Elected to Appointed Positions and Consideration of an Action to Approve a Work Plan for Same, Including Possible Formation of a Charter Review Committee 1 0 1 0
4. 23-601 Action on Stadium Authority Bills and Claims for the Month of April 2023
1 0 0 1
11. 23-689 Action on a Written Petition (Council Policy 030), Submitted by Howard Myers Requesting to Place an Agenda Item on a Future Council Meeting to Request that Councilmember Becker Resign from the Council 2 1 1 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
Agenda Item: eComments for 1.B 23-748 Presentation on Timelines and Administrative Requirements For Placement of Ballot Measures on the March and/or November 2024 Ballot Including Consideration of Amendments to the City Charter to Change the Police Chief and/or City Clerk from Elected to Appointed Positions and Consideration of an Action to Approve a Work Plan for Same, Including Possible Formation of a Charter Review Committee Overall Sentiment
Susan Hinton
Location:
Submitted At: 9:44am 06-06-23
It's amazing that Council Member Jain continues to lump the City Clerk position with the Chief of Police, as though they were equivalent. There is no rational reason for appointing rather than electing a clerk. Also the attached POA survey is directed. Note that company "Connect Political," bought by NEP Services in 2021, is described as a "full service political and digital strategy firm" rather than a scientifically based polling and analytical service. It is a biased vote getting enterprise.
Agenda Item: eComments for 4. 23-601 Action on Stadium Authority Bills and Claims for the Month of April 2023 Overall Sentiment
Susan Hinton
Location:
Submitted At: 7:48am 06-04-23
The amount paid to Hanson Bridgett LLP on April 28, 2023 is redacted. Are legal service payments considered a secret? If so, why? Also, instead one might want to know what percentage of payments for the month of April 2023 went to legal services?
Agenda Item: eComments for 11. 23-689 Action on a Written Petition (Council Policy 030), Submitted by Howard Myers Requesting to Place an Agenda Item on a Future Council Meeting to Request that Councilmember Becker Resign from the Council
Overall Sentiment
John Galt
Location:
Submitted At: 7:45am 06-06-23
Howard Myers states: “TO KEEP A NATION STRONG, WE NEED STRONG MILITARY! GLAMORIZING AND ENCOURAGING LGBTQ+ IN THE MILITARY IS WEAKNESS NOT STRENGTH” & "“IF I SEE SOMETHING LIKE THIS IN YOUR WINDOW OR DOOR (rainbowflag) I WON’T BE SHOPPING IN YOUR STORE. I WON’T COMPLAIN. I’LL SIMPL Y REFRAIN.” It makes me question his, Mayor Gillmor, et al their true motives for asking Becker to resign. Especially when Gillmor has never stood up for LGBTQIA+ community, but rather remains silent amid homophobia.
Susan Hinton
Location:
Submitted At: 7:52am 06-04-23
Anthony Becker should resign.