City of Santa Clara
Meeting Agenda
Call and Notice of Special Meeting
City Council
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:00 PMFriday, December 15, 2023
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:
1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.
2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.
NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].
Call and Notice of Special Council
Meeting
Meeting Agenda December 15, 2023
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 Mayor calls for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on December 15, 2023 at 5:00 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. 5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
Public Comment
Comments are limited to items listed on this agenda.
ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:
1. Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(e)(5) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances:
Letter dated December
13, 2023 from the Sutton Law Firm Re:
Proposed Charter Amendment to Make the Chief of Police
Position Appointed by the City Manager - Demand That the City Stipulate to a Judgment Amending the Ballot Question
23-1559
(Letter Attached)
Convene to Closed Session (CMO Staff Conference Room)
ADJOURNMENT
The next scheduled meeting is on Tuesday, December 19, 2023 in the City Hall Council Chambers.
Call and Notice of Special Council
Meeting
Meeting Agenda December 15, 2023
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.
STREAMING SERVICES: 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.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.
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.
MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1559 Agenda Date: 12/15/2023
SUBJECT
Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(e)(5) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances:
Letter dated December 13, 2023 from the Sutton Law Firm Re: Proposed Charter Amendment to Make the Chief of Police Position Appointed by the City Manager - Demand That the City Stipulate to a Judgment Amending the Ballot Question
(Letter Attached)
City of Santa Clara Printed on 12/14/2023Page 1 of 1
powered by Legistar™
I THE SUTTON LAW FIRM I
December 13, 2023
VIA EMAIL ONLY
Glen R. Googins, Esq.
City Attorney, City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
RE: Proposed Charter Amendment to Make the Chief of Police Position Appointed by the City Manager - Demand That City Stipulate to a Judgment Amending the Ballot Question
Dear Mr. Googins:
Please be advised that we represent Santa Clara voters Satish Chandra, Joyce Davis and Carolyn McAllister ("Petitioners") in connection with this demand that the City of Santa Clara stipulate to a Judgment amending the ballot question for the proposed charter amendment to make the Chief of Police position appointed by the City Manager (the "Measure").
Because the ballot question as presently worded - "Shall an amendment to the City Charter providing that the Police Chief position be appointed by the City Manager be adopted?" - fails to inform voters that the Police Chief position is currently an elected position, it is biased, likely to prejudice voters in favor of the Measure, violates the law and must be amended before being presented to the voters.
As you are no doubt aware, California Elections Code section 13119( c) requires that ballot questions for local measures constitute "a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure." California courts interpret this provision to mean that ballot questions "must not be false, misleading, or partial to one side." (McDonough v. Superior Court (2012) 204 Cal.App.4th 1169, 1174.) Official ballot materials have long been considered to "have a substantial impact on the equality and fairness of the electoral process." (Patterson v. Board Supervisors (1998) 202 Cal.App.3d 22, 30.) The ballot question is held to an even higher standard "hemmed in by the constitutional guarantees of equal protection and freedom of speech." In this regard, "the wording on a ballot or the structure of the ballot cannot favor a particular partisan position." (Huntington Beach City Council v. Superior Court (2002) 94 Cal.App.4th 1417, 1433.)
150 Post Street, Suite 405 ■ San Francisco, CA 94108
Tel: 415/732-7700 ■ Fax: 415/732-7701 ■ www.campaignlawyers.com Glen R. Googins, Esq.
City Attorney, City of Santa Clara
December 13, 2023
Page2
California Elections Code section 13 314 expressly provides a remedy where a ballot question deviates from legal requirements. Specifically, section 13314(a) requires that the Court issue a writ of mandate to amend ballot language upon clear and convincing proof that there is an error, omission, or neglect of duty in connection with the ballot question, and that the court's relief will not interfere with the conduct of the election.
By refusing to include specific information about the current state of the law · relative to the Police Chief position being elected, the City Council is depriving the voters of critical information about important aspects of the Measure. Moreover, the City Council is obscuring key details of the Measure, thereby leaving voters uninformed and misled as to the Measure's practical effect. By omitting this information, the ballot question is biased in favor of the Measure.
Further, although California Elections Code section 9051 permits local ballot questions to be up to 7 5 words, the question as currently worded is only 21 words.
Accordingly, there is sufficient space to add words that would explain that the position of Police Chief is currently an elected position, thus making the ballot question impartial and legal.
Our review of what transpired at the City Council's December 5, 2023 meeting and prior meetings reveals the following, which we believe will assist our clients in making their case should adversarial litigation be required:
1) You appear to have acknowledged that the ballot question pushes the envelope by saying that if the question is challenged in court, a Judge may agree that it is legally infirm;
2) Assistant City Manager Cynthia Bojorquez acknowledged that the ballot question was developed from successful language in similar measures in other local jurisdictions;
3) An election attorney put the Council on notice that the ballot question was illegal and engineered to get a Yes vote;
4) The Mayor and at least one Councilmember expressed concerns that the ballot question is confusing, biased and misleading; and
Glen R. Googins, Esq.
City Attorney, City of Santa Clara
December 13, 2023
5) The Santa Clara Police Officers Association put the Council on notice of the results of a survey that revealed that 66 percent of Santa Clara citizens were not aware that the Police Chief is currently an elected position.
In light of the foregoing, demand is hereby made that the City stipulate to a Judgment that amends the ballot question to read "Shall an amendment to the City Charter providing that the Police Chief position be appointed by the City Manager, instead of elected by the voters, be adopted?" or words to that effect, such that the voters are informed of both the status quo and the proposed amendment to the Charter.
Because the time for the City Council to amend the ballot question on its own has passed, a court order will be required to amend the question. We request that the City agree to a Stipulated Judgment in order to avoid adversarial litigation. Should the City fail to do so, be advised that we intend to pursue the matter in court via a contested Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief. If and when we prevail, be advised that we intend to seek attorneys' fees and costs from the City pursuant to California Code of Civil Procedure section 1021.5.
We look forward to hearing from you by the close of business on Thursday, December 14, 2023. Due to the truncated timeframe for resolving pre-election ballot disputes, we intend to file a lawsuit on or before Monday, December 18, 2023 and seek an expedited briefing schedule and hearing date.
Thank you for your attention to this important matter.
Glen R. Googins, Esq.
City Attorney, City of Santa Clara
December 13, 2023
Page4
cc: Lisa M. Gillmor, Mayor
Kathy Watanabe, Councilmember
Raj Chahal, Councilmember
Karen Hardy, Councilmember
Kevin Park, Councilmember
Sudhanshu "Suds" Jain, Councilmember
Anthony J. Becker, Councilmember
Jovan D. Grogan, City Manager
Hosam Haggag, City Clerk
Shannon Bushey, Santa Clara County Registrar of Voters
Tony Lopresti, Esq., Santa Clara County Counsel