Agenda packet — Governance and Ethics Committee, June 3, 2024

City of Santa Clara
Meeting Agenda
Governance and Ethics Committee
City Hall – Council Chambers
1500 Warburton Avenue
Santa Clara, CA 95050
1:00 PMMonday, June 3, 2024
The City of Santa Clara is conducting Governance and Ethics Committee meetings in-person and continues to have methods for the public to participate remotely or in-person.
• Via Zoom: https://santaclaraca.zoom.us/j/98559951444
• Webinar ID: 985 5995 1444
• By phone: 1 (669) 444 9171
To submit written public comment before meeting:

Send email to [email protected] by 10 a.m. the day of the meeting.

Those emails will be forwarded to Committee members and will be uploaded as supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

CALL TO ORDER AND ROLL CALL

CONSENT CALENDAR

1.A Approval of the March 4, 2024 Governance and Ethics Committee Meeting Minutes
24-582
Approve the minutes of the March 4, 2024
Governance and Ethics Committee Meeting
Recommendation:

PUBLIC PRESENTATIONS
[This item is reserved for persons to address the body on any matter not on the agenda that is within the subject matter
jurisdiction of the body. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting.]

GENERAL BUSINESS

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Governance and Ethics Committee Meeting Agenda June 3, 2024

2. Review and Action on Council Policy 020 ("Proclamations, Commendations
and Certificates of Recognition") and Council
Policy 009 ("City Representation at Meetings, Ceremonies, and Events")
24-439
Approve amendments, if any, to Council Policy 020
(“Proclamations, Commendations and Certificates of
Recognition”) and Council Policy 009 (“City
Representation at Meetings, Ceremonies & Special
Events”) and bring forth to City Council for
consideration and approval.

Recommendation:

3. Review Policy and Procedure 049 (“Community Grant Policy”)24-1082 Approve amendments, if any, to Policy and Procedure
049 (“Community Grant Policy”) and bring forth to City
Council for consideration and approval.

Recommendation:

4. Review Meeting Management Protocol Options and
Rosenberg’s Rules of Order and Provide Direction to Staff 24-25
Provide Direction on a Council Policy for Meeting
Management Protocols Recommendations by the
Governance and Ethics Committee and Forward for
Consideration and Approval by the City Council
Recommendation:

5. Update on Review of SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”)
24-438

6. Referral to Discuss Possible Revisions to the Placement of Public Presentations on the City Council Meeting Agenda 24-444

7. Review and Action on Updated 2024 Governance and Ethics Workplan
24-583
Approve the 2024 Governance and Ethics Committee
Workplan with any additional amendments
Recommendation:

STAFF REPORT

COMMITTEE MEMBER REPORTS / FUTURE REFERRALS

ADJOURNMENT
The next Governance and Ethics Committee meeting will be held on September 16, 2024 at City Hall.

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Governance and Ethics Committee Meeting Agenda June 3, 2024

MEETING DISCLOSURES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any
quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-582 Agenda Date: 6/3/2024

REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
Approval of the March 4, 2024 Governance and Ethics Committee Meeting Minutes

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(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time.

PUBLIC CONTACT
Public contact was made by posting the Governance and Ethics Committee 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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Approve the minutes of the March 4, 2024 Governance and Ethics Committee Meeting Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. March 4, 2024 Governance and Ethics Committee Meeting Minutes City of Santa Clara Printed on 5/31/2024Page 1 of 1
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City of Santa Clara
Meeting Minutes
Governance and Ethics Committee
Draft
1:00 PM City Hall – Council Chambers / Hybrid
1500 Warburton Avenue
Santa Clara, CA 95050
03/04/2024

CALL TO ORDER AND ROLL CALL
Chair Chahal called the meeting to order at 1:01 p.m.

Chair Raj Chahal, Member Suds Jain, and Member Kevin ParkPresent 3 -

CONSENT CALENDAR

1. 24-240 Approval of the December 4, 2023 Governance and Ethics Committee Meeting Minutes
Recommendation: Approve the minutes of the December 4, 2023 Governance and Ethics Committee meeting
Committee member Jain motioned to approve the minutes of the Dec. 4, 2023 Governance and Ethics Committee meeting.

Committee member Jain motioned and seconded by Committee Member Park to approve the December 4, 2023 minutes.

Aye: Chair Chahal, Member Jain, and Member Park3 -

PUBLIC PRESENTATIONS
No public presentations were made.

GENERAL BUSINESS

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03/04/2024Governance and Ethics Committee Meeting Minutes

2. 24-988 Review and Discussion on Email Retention Policy Recommendation: Consider and Direct Staff to Develop Possible Modifications to the City’s Email Retention Policy for City Council and Potentially other forms of City Council communications, for ultimate Consideration for Approval by the City Council
Staff presented the current email retention policy for City emails is 90 days. The Committee discussed options to move from 90 days to two year retention policy for City Councilmembers. Committee Member Jain also brought up text messaging retention and storage. Staff shall return to a future Committee meeting with additional information in regards to text messaging.

The Committee directed staff to bring forth to the full Council the recommendation to change email retention for City
Councilmemebers from 90 days to two years.

3. 24-1267 Report and Request for Direction on Proposed Amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter

2.160 (“Calendars of Certain City Officials”) to Better Align the Requirements
Recommendation: Provide direction on the proposed amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”).

Staff presented regarding proposed amendments to SCSC Chapter 2.155 and SCSC Chapter 2.160. The Committee had a discussion on the staffing needs for regulation and enforcement of the Lobbying Ordinance. Staff will return to a future Committee meeting with a staffing analysis and conduct benchmarking to review other jurisdiction's ordinances.

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03/04/2024Governance and Ethics Committee Meeting Minutes 24-244. Review and Discussion on Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) and Council Policy 009 (“City Representation at Meetings, Ceremonies and Special Events”) Recommendation: Make Recommendations, if any, to amend Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) and amend Council Policy 009 (“City Representation at Meetings, Ceremonies and Special Events”), for further development by staff if necessary/appropriate, for the ultimate consideration by City Council Staff presented the current procedures for Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) and Council Policy 009 (“City Representation at Meetings, Ceremonies and Special Events”) including benchmarking of from nearby cities. The Committee discussed options to amending the policy to include District recognition from City Councilmembers and the addition of City Councilmembers' signatures on recognition items.

Staff presented the current procedures for Council Policy 009 (“City Representation at Meetings, Ceremonies and Special Events”). The Committee discussed options to allow City Councilmembers to address the public as a speaker, in addition to the Mayor for ceremonial events.

Based on the Committee feedback, staff will return to a future Committee meeting with options for further review and discussion on amending Council Policy 020 and Council Policy 009.

5. 24-233 Action on the 2024 Governance and Ethics Committee Workplan Recommendation: Approve the 2024 Governance and Ethics Committee Workplan with any additional amendments.

Staff presented the tentative Governance and Ethics Committee workplan for 2024. Committee members brought forth additional items for consideration for the workplan. Member of the public Tom Shanks noted the workplan should include an item on Ethics. Staff will return to the next Committee meeting with a revised workplan based on feedback.

Committee member Jain motioned and Chair Chahal seconded the motion to approve recommended Governance and Ethics Workplan.

Aye: Chair Chahal, and Member Jain2 -
Excused: Member Park1 -

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03/04/2024Governance and Ethics Committee Meeting Minutes

6. 24-258 Discussion Regarding the Start Time of City Council/Stadium Authority, Special and Closed Session Meetings
Recommendation: Discuss current practices for scheduling closed sessions or special meetings, and provide feedback on potential changes, if any, to the process for consideration by the City Council.

Staff provided information on the process to determine start times for City Council
meetings and Closed sessions, including procedures to poll the City Councilmembers for availability. The Committee made no action on this item.

STAFF REPORT
None.

COMMITTEE MEMBER REPORTS / FUTURE REFERRALS FOR CONSIDERATION None.

ADJOURNMENT
Chair Chahal adjourned the meeting at 3:01 p.m.

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03/04/2024Governance and Ethics Committee Meeting Minutes

MEETING DISCLOSURES
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.

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.

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-439 Agenda Date: 6/3/2024

REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
Review and Action on Council Policy 020 ("Proclamations, Commendations and Certificates of Recognition") and Council Policy 009 ("City Representation at Meetings, Ceremonies, and Events")

BACKGROUND
At the March 4, 2024 Governance and Ethics Committee meeting, staff presented information and background on Council Policy 020 ("Proclamations, Commendations and Certificates of Recognition") (Attachment 1) and Council Policy 009 ("City Representation at Meetings, Ceremonies, and Events") (Attachment 2) for Committee review and discussion.

As background, Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) provides guidelines to identify the authority, criteria, and procedure for the recognition of individuals, groups, organizations, businesses, special periods of observance, or special occasions through the issuance of proclamations, commendations, or certificates of recognition. Council Policy 009 (“City Representation at Meetings, Ceremonies & Events”) addresses how invitations and requests for Mayor and/or Council representation at meetings, ceremonies, or special events are processed.

As part of the March 4 update, staff provided the Committee a benchmark and summary of policies and procedures for ceremonial recognition and speaking at events in place for neighboring cities. The Committee members had a policy discussion on the current processes for the issuance of ceremonial recognition items. In addition, the Committee discussed public speaking opportunities for the Mayor and City Councilmembers at public events. The Committee provided recommendations to amend both policies for consideration. At this June 3, 2024 Governance and Ethics Committee meeting, staff presents an approach for discussion and consideration based on the feedback received by the Committee.

DISCUSSION
During the March 4, 2024 Governance and Ethics Committee, the Committee members brought forth the following recommendations to Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”). In addition, the Committee discussed public speaking opportunities for the Mayor and City Councilmembers at public events. Based on the feedback, staff have provided and prepared a draft revision of Policies 020 and 009 for the Committee’s consideration.

Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) The proposed amendments include revisions to the definitions and criteria, which further clarify the intended purpose for the issuance of these types of recognition items. Based on the City Charter, the Mayor is the presiding officer and the official head of the City for all ceremonial purposes. Consistent City of Santa Clara Printed on 5/31/2024Page 1 of 5
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with this, over the years, the Mayor has presided over City ceremonial functions, and maintained approval authority over ceremonial proclamations and recognition. The proposed amendments recognize this by maintaining a process whereby the Mayor approves all City proclamations, commendations, and certificates of recognition (citywide and at the district level). Alternatively, the proposed amendments include a process for a City Councilmember to request approval of their proposed proclamation, commendation, or certificate of recognition by the full City Council, if the Mayor elects not to authorize it. This is in alignment with the current Council’s Policy 030 (Attachment 3).

Proposed Council Policy 020 Amendments
In summary, the proposed amendments to Council Policy 020 include the following and proposed changes shown in Table 1:
· The definition for Proclamations shall be revised to: “Proclamations are issued to give City recognition of special periods of observance (e.g., days, weeks, or months), civic celebrations, or local, community, regional, state, or national occasions or programs with significance to the City of Santa Clara. “
o This revision removes previous references in the policy which stated, “Proclamations are for issues or actions.” Staff recommends removing “issues and actions”, as these are considered positions made on particular issues or taking an action on a position, which should be reviewed and implemented through the Legislative Advocacy Position Policy or through a Citywide Resolution process.

Table 1 - Proposed Amendments for Council Policy 020
Note: Proposed Amendments are indicated in red for Council Policy 020 while the text in black is in the existing Council Policy 020.

Proclamations Commendations Mayoral Certificates of
Recognition
City Council
District
Certificate of
Recognition
Requested by Any member of
public orMayor/
Councilmember
Any member of public or
Mayor/Councilmember
Any member of public or
Mayor/Councilmember
Councilmember
Approved by Mayor Mayor Mayor Mayor
Signatures* Mayor and City
Council
Mayor and City Council Mayor Mayor and City
Councilmember
Definition Proclamations are
issued to give City
recognition of
issues, actions or
special periods of
observance (e.g.,
days, weeks, or
months), civic
celebrations, or
local, community,
regional, state, or
national
occasions or
programs with
significance to the
City of Santa
Clara.

Commendations are
issued to individuals,
groups, organizations,
businesses, or programs
of significance with a
connection to the City for
major milestones or
achievements that have
community-wide
significance. Also issued
to employees retired from
the City of Santa Clara or
Santa Clara Unified
School District for 20
years or more of service
or who have made
significant contributions.

Mayoral Certificates of
Recognition are issued to
individuals, groups,
organizations,
businesses, or programs
with a connection to the
City for individual or
group achievement, or
contributions to the Santa
Clara community.

City Council
District
Certificates of
Recognition are
issued to
individuals,
groups,
organizations,
businesses, or
programs with a
connection to the
City for individual
or group
achievement, or
contributions to
the City Council
district.

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24-439 Agenda Date: 6/3/2024
Proclamations Commendations Mayoral Certificates of
Recognition
City Council
District
Certificate of
Recognition
Requested by Any member of
public orMayor/
Councilmember
Any member of public or
Mayor/Councilmember
Any member of public or
Mayor/Councilmember
Councilmember
Approved by Mayor Mayor Mayor Mayor
Signatures* Mayor and City
Council
Mayor and City Council Mayor Mayor and City
Councilmember
Definition Proclamations are
issued to give City
recognition of
issues, actions or
special periods of
observance (e.g.,
days, weeks, or
months), civic
celebrations, or
local, community,
regional, state, or
national
occasions or
programs with
significance to the
City of Santa
Clara.

Signatures*
The proposed amendments to the Council Policy 020 envision a process whereby the City Council would approve an annual list of routine proclamations that will bear the signatures of the full City Council. For any additional or new proclamations which are not part of the annual list approved by the Mayor, these proclamations will be provided by staff to the City Council to inform the Council and also to allow them to indicate if they would like to opt out of including their signature. · Signatures on Proclamations and Commendations: Proclamations and Commendations shall bear the digital signatures of the Mayor and all City Councilmembers. This shall be an automatic step to include all digital signatures as part of the standard template. A member of the City Council may request that their signature not appear on a specific proclamation by contacting staff before it is issued.
· Signatures on Mayoral Certificates of Recognition: The Mayoral Certificate of Recognition will bear the signature of the Mayor only.
· Signatures on City Council Certificates of Recognition: The City Council District Certificate of Recognition shall bear the signatures of both the Mayor and the City Councilmember requesting the recognition.
o If the Mayor chooses to opt out of including their signature, the City Councilmember will need to issue a petition through the Council Policy 030 process to seek approval by the full City Council to issue the certificate.

A sample of the templates for Proclamations, Commendations, Mayoral Certificate of Recognition and City Council Certificate of Recognition are included in this report (Attachment 4).

Council Policy 009 (“City Representation at Meetings, Ceremonies & Special Events”) Based on the Committee’s feedback regarding public speaking at events, staff has drafted a full City of Santa Clara Printed on 5/31/2024Page 3 of 5
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revision of the current Council Policy 009 (“City Representation at Meetings, Ceremonies & Events”).

A copy of the proposed revisions can be found as Attachment 5 and are summarized below.

Proposed Revisions to Council Policy 009 Related to the Process for City Hosted Events and External Events:

1. Invitations: All invitations received by the Mayor and Council office shall be shared with the full City Council by staff. In some instances, the invitation from an outside group or individual may be solely for the Mayor or specific City Councilmembers, in which case the invitation will not be forwarded to the full City Council.

2. Maximum of two (2) Mayor/Council speakers at City Hosted Events: This would include the Mayor and another City Councilmember. Based on the event program, which may include multiple speakers from partner agencies or community groups, City staff will work to ensure that programs do not surpass the length appropriate for the intended audience · Primary Speaker:
a. The Mayor, as presiding officer and the official head of the City for all ceremonial purposes, will be the primary speaker for all City hosted events. b. If the Mayor is unable to attend as a speaker, the option goes to the Vice Mayor to preside and speak as the City’s ceremonial head.
· Second Speaker: The second speaker from the Council could be determined based on one or more of the following considerations:
a. Option 1 District Councilmember - In addition to the Mayor’s speaking role, the Councilmember representing the district (geographic location) could be offered the opportunity to speak.
b. Option 2 Councilmember Rotation - Many events often occur in the same Council district; the Committee may choose to recommend a rotational approach to the selection of a City Councilmember to speak alongside the Mayor at City events.

If a City Councilmember misses their rotational event, they will wait until their next scheduled rotational spot.
c. Option 3 Special Interest/Expertise - If a City Councilmember serves on a City Committee or Outside Agency Committee or Board which is related to the focus of a City hosted event, they may represent the City as the second speaker.

3. External Events: If staff receive a request for representation for an external event for a speaker, the following protocol shall be observed:
a. The outside entity/agency determines the planning of the event and shall request who represents the City of Santa Clara.
b. If not specified, the invitation shall be referred to the Mayor first. c. If the Mayor is unable to attend, the invitation shall be referred to the Vice Mayor. d. If the Vice Mayor is unable to attend, the invitation shall be referred to City Councilmembers in order of seniority.
e. The City Manager (or a designee) may also be requested to represent the City at an event.
f. The City Council may officially request a City Board or Commission member to City of Santa Clara Printed on 5/31/2024Page 4 of 5
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24-439 Agenda Date: 6/3/2024
represent the City on certain occasions.

At the June 3, 2024 Governance and Ethics Committee meeting, staff will present the proposed revisions to Council Policy 009 (Attachment 5) and Council Policy 020 (Attachment 6) and receive feedback from the Committee. If directed, staff will bring forth proposed policy changes to the full City Council for review and consideration to amend the Council policies.

ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

COORDINATION
This report was coordinated with the City Manager’s Office and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Committee 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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Approve amendments, if any, to Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) and Council Policy 009 (“City Representation at Meetings, Ceremonies & Special Events”) and bring forth to City Council for consideration and approval.

Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”)

2. Council Policy 009 (“City Representation at Meetings, Ceremonies & Special Events”)

3. Council Policy 030 (“Adding an Item on the Agenda”)

4. Sample templates for Proclamations, Commendations, and Certificates of Recognition

5. Proposed Amended Council Policy 009 (“City Representation at Meetings, Ceremonies & Special Events”)

6. Proposed Amended Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”)
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City of Santa Clara
Council Policy Manual

PROCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 1 of 5
Resolution No. 21-8932
PURPOSE The purpose of this policy is to identify the authority, criteria, and procedure for the recognition of individuals , groups, organizations, businesses, special periods of observance, or special occasions through the issuance of proclamations , comm endations, or certificates of recognition. All p roclamations, commendations, and certi ficates of recognition are ceremonial documents.

POLICY

It is the policy of the City of Santa Clara (City) that requests for proclamations, commendati ons, or certificates of recognition shall be prepared in accordance with the adopted guidelines of this policy. In accordance with the City Charter, the Mayor shall be the official head of the City for all ceremonial purposes.

PROCLAMATIONS
It is the pol icy of the City that proclamations may be issued to honor or highlight a special period of observance ( e.g., days, weeks, months) , civic celebration, or recognition of a community, regional, state, or national occasion, and shall be made at the sole discretion of the May or in accordance with the criteria specified below:

1. The primary purpose of a proclamation is to give special recognition to issues, actions, and/or programs of significance to the citizens of Santa Clara.

2. Proclamations are issued to honor of special periods of obser vance (e.g., days, weeks, or mon ths), civic celebrations , or community, regional, state, or national occasions to cover issues that have widespread community interest with a primary emphasis on re quests in support of City Council’s goals and obj ectives. Citizens may call or petition to have a proclamat ion prepared, or the City Council may request one.

3. Only proclamations dealing with local, count y, or stat e issues that have a connection to the City will be processed. Proclamations must be consistent with the United States Constitution, the California State Constitution, the Santa Clara Municipal Code, and the various laws passed pursuant to those instruments.

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

PROCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 2 of 5
Resolution No. 21-8932

COMMENDATIONS
It is the po licy of the City that commendations may be iss ued to individuals, g roups, organizations, o r businesses with a conn ection to the City for milestones or major achievements that have community - wide significance, and shall be issued at the sole discretion of the Mayor in accordance with the criteria specified below:

1. Commendations are issued t o h onor individuals, groups, organizations, or businesses with a connection to the City for milestones or major achievements that have significant importance to the Santa Clara community, such as:
a. Local sports teams or individual athletes for winning regional, state, and/or national titles;
b. Local schools or students for winning competitions,
exhibitions, or championships at the state , national , and/or international level, or educators for receiving recognition at the regional, state, national, and/or international levels. c. Santa C lara businesses or organizations upon the
commemoration of a milestone anniversary;
d. Community groups or organizations, upon the
commemoration of a milestone anniversary, whose work has benefited the City and/or Santa Clara residents; or
e. Recognition of Santa Clara residents on the occasion of their 100
th birthday.

2. Upon request, commendations shall be issued to retiring City or Santa Clara Unified School District employees who have served for twenty years or more.

CERTIFICATES OF RECOGNITION
It is the policy of the City that certificates of recognition may be issued to individuals, groups, organizations, or businesses with a connection to the City for individual or group achievement, exceptional c ontributions to the Santa Cl ara community, or commemorative events or occasions , and shall be issued at the sol e discretion of the Mayor in accord ance

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

PROCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 3 of 5
Resolution No. 21-8932
with the criteria specified below:

1. Certificates of recognition are used to acknowledge individual or group achievement, contributions to the community, or to recognize a commemorative event or occasion, such as:
a. Individuals, community groups, or organizations whose volunteer efforts and/or philanthropi c works have benefitted the Santa Clara community and/or Santa Clara residents; b. S anta Clara students for academic achievement at the local or regional level (e.g., school valedictorian, placement at regional competitions or exhibitions);
c. Individuals, community groups, or org anizations for winn ing City competitions (e.g., Hal loween Holiday Decorating
Contest, Home Decorating Contest, etc.); or
d. Local organizations or businesses for commemorative events or occasions in Santa Clara (e.g., ribbon cutting ceremonies, grand opening ceremonies, etc.).

PROCEDURE PROCLAMATIONS

1. Proclamation requests should be addressed to th e Office of Mayor and City Council and submitted at least fifteen (15) business d ays prior to the beginning of the proclaimed time period of observance for which the requester seeks such recognition, and may be faxed, mailed, emailed, or hand-delivered. Proclamation requests should include either a sample proclamation that can be used as a guide or provide sufficient information to assist the Executive Assi stant to the Mayor and City Council in preparing the proclamation.

2. Proclamation requests should include:
a. Information and/or example(s) of how the request meets the proclamation criteria outlined in this policy;
b. Any background or historical information that w ill assist the Mayor in arriving at a decision;
c. An estimate of the number of residents of Santa C lara that belong to the group(s) whic h would b e honored by such a proclamation;
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

PROCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 4 of 5
Resolution No. 21-8932
d. Notable qualities or characteristics of the group(s) which would be honored by such a proclamation; and
e. Other information pertinent to the proclamation request.

3. All proclamations require approval of the Mayor; however, i f the proclamation has been previously approved, it is likely considered as routine and will be prepared for the Mayor’s signature. All first- time proclamati on requests r equire t he Mayor’s approval before processing.

4. If the request meets the above- mentioned criteria and is approved by the Mayor, the Executive Assistant to the Mayor and City Council will prepare the proclamation for the Mayor’s signature. If th e proclamation is not being presented at a Council meeting or at an event by the Mayor or a Councilmember, the requester will be able to pick up the c ompleted proclamation a t Santa Clara City Hall or may request that the proclamation be mailed.

5. A report to Council (RTC) will be prepared annually by the Executive Assistant to the Mayor and City C ouncil, listing all proclamations prepared during the calendar y ear. A co py of the RTC and proclamation attac hments will be fo rwarded to the Local History Librarian.

COMMENDATIONS

1. C ommendation requests should be addressed to the Office of Mayor and City Council and submitted at least f ifteen (15) business days in advance of the date the c ommendation is requested for, and may be faxed, mailed, emailed, or hand-delivered.

2. Commendation requests should include:
a. Information and/or example(s) of how the request meets the commendation criteria outlined in this policy;
b. Any background or historical i nformation that will assis t the Mayor in arriving at a decision; and
c. Other information pertinent to the commendation request.

3. I f the request meets the above-mentioned criteria and is approved by the Mayor, the Executive Assistant to the Mayor and City Council will prepare the commendation for the Mayor’s signature.

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

PROCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. January 2021 CP 020 Page 5 of 5
Resolution No. 21-8932

4. If the commendation is not being presented at a Council meetin g or at an event by the Mayor or a Councilmember, the r equester will be able to pick up the completed commendation at Santa Clara City Hall or may request that the commendation be mailed.

5. A RTC will be prepared annually by the Executive Assistant to the Mayor and City Council, listing all retirement commendations issued to 20+ year City and/or Santa Clara Unified School District retirees during the calendar year and with copies of the retirement commendations attached. A copy of the RTC and commendation attachments will be forwarded to the Local History Librarian.

CERTIFICATES OF RECOGNITION

1. C ertificate of recognition requests should be addressed to the Office of the Mayor and City Council and submitted at least fifteen (15) business days in advance of the date the certificate is requested for, and may be faxed, mailed, emailed, or hand-delivered.

2. Certificate of recognition requests should include:
a. Information and/ or example(s) of how the request meets th e certificates of recognition criteria outlined in this policy; b. Any background or historical information that will assist the Mayor in arriving at a decision; and
c. Other information pertinent to the certificate of recognition request.

3. I f the request meets the above-mentioned criteria and is approved by the Mayor, the Executive Assistant to the Mayor and City Council will prepare the certificate of recognition for the Mayor’s signature.

4. If the certificate or recognition is not being presented at a Council meeting or at an event by the Mayor or a Councilmember, the requester will be able to pick up the completed certificate of recognition at Santa Clara City Hall or may request that the certificate of recognition be mailed.

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Policy and Procedure Manual

CITY REPRESENTATION AT MEETINGS, CEREMONIES & SPECIAL EVENTS Rev. November 1995 P&P 009 Page 1 of 1
POLICY The City shall be officially represented at meetings, ceremonies, and special events by the Mayor and/or City Co uncil. If the Mayor and/or Council Members are unavailable, then the City Manager (or a City employee assigned by the City Manager in certain situations) will be requested to represent the City. City Board and Commission members may represent the City on certain occasions, provid ed they have obtained the prior authorization of the City Council.

If an invitation to an event includes a guest, a Council Member may bring along an individual who is not an electe d or appointed official or City staff member.

This policy does not apply to inform al events where attendance is not related to official City representation.

PROCEDURE 1. Requests for Mayor and/or Council representation at meetings, ceremonies, or special events sha ll be referred to the Executive Assistant to the Mayor and City Council.

2. Invitations or requests for spea kers designated for the Mayor or a particular Council member or member s are referred directly to them by the Executive Assistant. If the Execut ive Assistant receives a request for someone to represent the City at an event or as a speaker, the following protocol shall be observed:
♦ The invitation shall be referred to the Mayor.
♦ If the Mayor is unable to attend, the invitation shall be referred to the Vice Mayor.
♦ If the Vice Mayor is also unable to attend, the invitation shall be referred to Council members in or der of their seniority on the Council.
♦ The City Manager shall be asked to represent the City at the meeting or event if the Mayor and Council Members are unable to attend.

For certain meetings or events, the City Manager, at his/her discretion, may assign a staff member to attend.

3. Council may officially request a City Board or Commission member to represent the City on certain occasions.

Reference: City Counc il-approved policy 11/7/95
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Santa Clara
The Center of What's Possible
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Santa Clara
The Center of What's Possible
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City of
Santa Clara
The Center of What's Possible
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2. That Council Policy 030 entitled "Adding an Item on the Agenda ," attached here as Attachment 2, is hereby approved and adopted.

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 24TH DAY OF OCTOBER, 2023, BY THE FOLLOWING VOTE :

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

1. Resolution No. 20-8895
Chahal, Hardy, Jain, and Watanabe, and Mayor
Gillmor
Becker and Park
None
None
ATTEST: ~

NORA PIMENTEL , MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

2. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Council Policy 030
Rev: 7/27/2023

Page 2 of 2 ends

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Santa Clara
The Center of What 's Possible
[i.li:,

WHEREAS,

WHEREAS,
~✓g~~ ~El
q
every day, more than 20 million dedicated public servants in cities across our Nation go to work to make sure that America works for everyone; and
since 1985, the first full week of May has been set aside as Public Recognition Week to honor those who serve their community through public service; and
many public servants, including police officers , firefighters , public works staff, water and sewer utilities crews, and electric utilities workers that provide essential services to ensure our residents receive the services they need and keep our community safe; and when we recognize our public servants and give them the resources they need, they will provide high-quality services and build a strong foundation for our community to flourish.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor , and on behalfofthe entire City Council , do hereby proclaim Public Service Recognition Week
in the City of Santa Clara and encourage all residents to recognize the accomplishments and contributions of government employees .

Given under my hand and the Seal of the City of Santa Clara, California, this 7th day of May 2024. ~-,~

ANTHONY BECKER
VICE MAYOR, DISTRICT 6
~~
COUNCILMEMBER , DISTRICT 3
[!]...,
c_y . M~
JV~ M. GILLMOR

MAYOR, CITY OF SANTA CLARA
~
~

KATHY WATANABE
COUNCILMEMBER, DISTRICT 1

KEVIN PARK
COUNCILMEMBER, DISTRICT 4
f¾:J~
COUNCILMEMBER, DISTRICT 2
~

SUDS JAIN
COUNCILMEMBER, DISTRICT 5
[i]!:::, ~~~g~~~ ~El
q
the Santa Clara Woman 's Club was founded as a community improvement society; and WHEREAS, WHEREAS, the club campaigned for women ' s suffrage in California and the nation , and celebrated the one hundredth anniversary of the California women 's voting rights act with a display at the Central Library and a play; and WHEREAS, the club continues to contribute to those in need in our community by donating food , meals , toys & gift cards, hygiene bags, care boxes, coats & blankets , greeting cards, cell phones , eyeglasses , and a nursing scholarship ; and WHEREAS, the club preserves and maintains the California State Landmark The Adobe as their clubhouse.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor , and on behalf of the entire City Council , do hereby recognize The Santa Clara Woman's Club
and commend the organization for its service to the City of Santa Clara.

Given under my hand and the Seal of the Ci~ C~~ day of April, 2024.

LISA M. GILLMOR
,t2f-

ANTHONY BECKER
VICE MAYOR, DISTRICT 6
~
COUNCILMEMBER, DISTRICT 3
[!]....,.

MAYOR, CITY OF SANTA CLARA
~~

KATHY WATANABE
COUNCILMEMBER, DISTRICT 1
..------7~

KEVIN PARK
COUNCILMEMBER, DISTRICT 4
f¾:J~
COUNCILMEMBER, DISTRICT 2
~

SUDS JAIN
COUNCILMEMBER, DISTRICT 5
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~~~ gan/4 ~~
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~~~
Di lxki!f of the Santa aaro ao, Cai.met~ this c.erttftcate 'is presented to Boy S,c·out Troo,p #1
In nrognition o/ outstanding contributions and public service to the City of Santa C1am on this 2,t, day o/May 2024.
~M~
LISA lf. GILLMOR
MAYOR, CITY OF SA.l'ITACLAR.A
f-t-~

RAJ CHAHAL
COUNCILl\lEa!tBER, DISTRICT 2
liL:7
p
On behalf of the Santa Clara City Cmmcil, this certificate is presented to Emil Chaia
Silicon Valley Power Sustainable Futures Program
Santa Clara University Fellow
for dedication to ana/,ysis of existing.financial, securities supJX)rting Northern Cal.ifomia '.s decarbonization initiatives on this 28th day of May 2024.
~1~
MAYOR

CITY OF SANTA CLARA
City of Santa Clara
Council Policy 009

CITY REPRESENTATION AT MEETINGS, CEREMONIES & EVENTS
Adopted DATE CP 009 Page 1 of 2
Resolution No. _________
PURPOSE The purpose of this policy is to outline the procedures for City representation at meetings, ceremonies, and events hosted by the City and invitations to events hosted by outside individuals or groups.

POLICY The City shall be officially represent ed at meetings, ceremonies, and special events by the Mayor and/or City Council. If the Mayor and/or City Councilmembers are unavailable, then the City Manager (or a designee ) will be requested to represent the City. City Board and Commission members may r epresent the City on certain occasions, provided they have obtained the prior authorization of the City Council.

If an invitation to an event includes a guest, a City Councilmember may bring along an individual who is not an elected or appointed official or City staff member.

This policy does not apply to i nformal events where attendance is not related to official City representation.

PROCEDURE All invitations for meetings, ceremonies and events received to the Mayor and Council office shall be distributed to the full City Council by staff. In some instances, the invitation may be solely for the Mayor or specific City Councilmembers, in which they will not be forwarded to the full City Council.

Based on the event program, which may include multiple speakers from partner agencies or community groups, City staff will work to ensure that programs do not surpass the length appropriate for the intended audience. To that end, there may be a maximum of two speakers from the City Council.

Primary Speaker:

1. The Mayor is the official City ceremonial head and speaker for all events.

2. If the Mayor is unable to attend as a speaker, the option goes to the Vice Mayor to speak as the City ceremonial head.

Second Speaker:

1. Option 1 District Councilmember – In addition to the Mayor’s speaking role, the Councilmember representing the district will be offered the opportunity to speak.

2. Option 2 Councilmember Rotation – Many events often occur in the same Council district; the Committee may choose to
recommend a rotational approach to the selection of a City Proposed Draft
City of
Santa Clara
The Center of What 's Possible
-
City of Santa Clara
Council Policy 009

CITY REPRESENTATION AT MEETINGS, CEREMONIES & EVENTS
Adopted DATE CP 009 Page 2 of 2
Resolution No. _________
Councilmember to speak alongside the Mayor at City events. If a City Councilmember misses their rotational event, they will wait until their next scheduled rotational spot.

3. Option 3 Special Interest/Expertise – If a City Councilmember has a particular area of expertise or focus that relates to a City hosted event, they may serve as a secondary speaker.

External Events:

If staff receive a request for representation for an external event for a speaker, the following protocol shall be observed:
a. The outside entity/agency determines the planning of the event and shall request who represents the City of Santa Clara.
b. If not specified, the invitation shall be referred to the Mayor first.
c. If the Mayor is unable to attend, the invitation shall be referred to the Vice Mayor.
d. If the Vice Mayor is unable to attend, the invitation shall be referred to Councilmembers in order of seniority.
e. The City Manager (or a designee) may also be requested to represent the City.
f. The City Council may officially request a City Board or Commission member to represent the City on certain
occasions.

Reference:

Amends November 1995, Council Approved Policy 009

City of
Santa Clara
The Center of What 's Possible
-
City of Santa Clara
Council Policy Manual
PR

OCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. XX 2024 Cou ncil Policy 020 Page 1 of 4
Resolution No.

PURPOSE The purpose of this policy is to identify the authority, criteria, and procedure for the recognition of individuals , groups, organizations, businesses, special periods of observance, or special occasions through the issuance of proclamations , comm endations, or certificates of recognition. All p roclamations, commendations, and certi ficates of recognition are ceremonial documents.

POLICY It is the policy of the City of Santa Clara that requests for proclamations, commendations, or certificates of recognition shall be prepared in accordance with the adopted guidelines of this policy. In accor dance with the City Charter, the Mayor shall b e the official head of the City for all ceremonial purposes.

All proclamations, commendations, and certificates of recognition may be requested by the Mayor, a City Councilmember or members of the public and shall be approved by the Mayor.

PROCLAMATIONS
It is the policy of the City that procl amations shall be issued in accordance with the criteria specified below:

1. Proclamations are issued for an event or periods of observance (e.g., days, weeks, or month s), civic celebrations , or local, community, regional, state, or national occasions with significance to the City of Santa Clara.

2. Proclamations will be ar the signatures of the Mayor and all City Councilmembers.

3. Proclamations are approved by the Mayor.

4. An annual list of proclamations that are routinely scheduled shall be provided to the City Council. For any additional or new proclamations which are not part of the annual list and approved by the Mayor, these proclamations will be provided to the City Council to indicate if they would like to opt out of signing.

5. Proclamations shall be stored in accordance w ith City public record retention policies.

COMMENDATIONS
Commendations may be issued to individuals, groups, organizations, or Proposed Draft
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

PROCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. XX 2024 Council Policy 020 Page 2 of 4 Resolution No.
businesses with a conn ection to the City for milestones or major achievements that h ave community -wide significance. Members of t he public and the City Council may request to is sue commendations on behalf of t he City . Commendations shall be issued in accordance with the criteria specified below and shall be approved by the Mayor.

1. Commendations are iss ued to h onor individuals, group s, organizations, or businesses with a connection to the City for milestones or major achievements that have significant importance to the Santa Clara community, such as:
a. Local sports teams or individual athletes for winning regional, state, and/or national titles;
b. Local schools or students for winning comp etitions, exhibitions, or championships at the state , national , and/or international level, or educators for receiving recognition at the regional, state, national, and/or international levels. c. Santa C lara businesses or organizations upon the
commemoration of a milestone anniversary;
d. Community groups or organizations, upon the
commemoration of a milestone anniversary, whose work has benefited the City and/or Santa Clara residents; or
e. Recognition of Santa Clara residents on the occasion of their 100
th birthday.

2. Commendations will bear the signatures of the Mayor and all C ity Councilmembers.

3. Upon request, commendations shall be issued to retiring City of Santa Clara or Santa Clara Unified School District employees for 20 years of service or more and als o issued to honor employees who have made significant contributions to the City of Santa Clara.

4. An annual list of Commendations will be provided to the City Council.

5. Commendations shall be stored in accordance with City public record retention policies.

PROCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. XX 2024 Council Policy 020 Page 3 of 4 Resolution No.
the City for individual or group achievement, exceptional contributions to the Santa Clara community. All Certificates of Recognition shall be approved by the Mayor.

Mayoral Certificate of Recognition

1. Mayoral C ertificates of r ecognition are used to acknowledge individual or group achievement, contributions to the community such as:
a. Individuals, community groups, or organizations whose volunteer efforts and/or philanthropi c works have benefitted the Santa Clara community and/or Santa Clara residents; b. S anta Clara students for academic achievement at the local or regional level (e.g., school valedictorian, placement at regional competitions or exhibitions);
c. Individuals, community groups, or org anizations for winn ing City competiti ons (e.g., Hal loween Holiday Decorating Contest, Home Decorating Contest, etc.); or
d. Local organizations or businesses for commemorative events or occasions in Santa Clara (e.g., ribbon cutting ceremonies, grand opening ceremonies, etc.).

2. Mayoral Certificates of Recognition shall only bear the signature of the Mayor.

City Council District Certificates of Recognition

1. Members of the City Council may request to issue City Council District Certificates of Recognition on behalf of the City with approval by the Mayor.

2. City Council District Certificates of Recognition are issued to acknowledge individual or group achievement, contributions to the community within the City Council District.

3. City Council District Certificate s of Recognition sha ll bear the signatures of both the Mayor and the District City Councilmember. a. If the Mayor chooses to opt out of including their signature, the City Councilmember will need to issue a petition through the City Council Policy 030 (Adding an Item to an Agenda) as part of the process to seek approval by the full City Council to issue the certificate of recognition.

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

PROCLAMATIONS, COMMENDATIONS, AND

CERTIFICATES OF RECOGNITION
Rev. XX 2024 Council Policy 020 Page 4 of 4 Resolution No.

PROCEDURE Ceremonial documents including proclamations, commendations, and certificates of recognition may be requested by any member of the City Council or members of the public.

1. R equests should be addressed to the Office of Mayor and City Council and submitted at least fifteen days prior to the beginning of the proclaimed time period of observance for whi ch the requester seeks such recog nition, i n the case of proclamations , or at least fifteen (15) business days in advance of the date the document is requested for , in the case of comm endations and certificates of recognition. R equests should include either a sample that can be used as a guide or provide sufficient information to assist City Staff in preparing the document. Additionally, requests should include:
• Information and/or examp le(s) of how the request meets the criteria outlined in this policy;
• Any background or historical information;
• Notable qualities or characteristics of any group(s) which would be honored; and
• Other information pertinent to the request.

2. If the req uest meets the above- mentioned criteria and is approved , City staff shall prepare the document . If th e document is not bei ng presented at a C ity Council meeting or at an event attended by the Mayor or a City Councilmember, the reque ster may pick up the completed document a t Santa Clara City Hall or may request documents to be sent by email or direct mail.

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1082 Agenda Date: 6/3/2024

REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
Review Policy and Procedure 049 (“Community Grant Policy”)

BACKGROUND
On September 18, 2018, the City Council approved Policy and Procedure 049 (“Community Grant Policy”) to create a standardized process for the City of Santa Clara Community Grant Program, which awards grants to qualifying applicants up to $10,000 per applicant, per fiscal year for eligible community events, activities, and Santa Clara youth group participation upon advancement into state, national, or international championship games, competitions, or performances.

Since the Community Grant Program launched on October 1, 2018, the City of Santa Clara has awarded community grants for various community events such as fun runs, social impact summits, car shows, cultural events, pageants, youth events, fundraisers, and community discussions that provide a direct benefit to Santa Clara residents. In addition to community events and activities, the City has also awarded grants to Santa Clara youth groups to travel and compete in championship games and performances for football, baseball, softball, robotics, symphonic band, jazz band, and marching band.

The adopted FY 2021/22 and FY 2022/23 biennial budget consolidated the Community Grant Program and Championship Teams budgets. During the June 22, 2021 budget adoption, City Council approved the reallocation of $10,000 from the Community Grant Program to the Santa Clara Ballet, bringing the total Community Grant Program budget to $90,000 of available funds.

On May 24, 2022, the City Council approved modifications to the Community Grant Policy, which added additional provisions to include a definition of allowable expenses, additional requirements for applicants (including reoccurring applicants), grantees, and provided staff the ability to audit.

The current Community Grant Policy is attached to this report (Attachment 1).

DISCUSSION
The purpose of the Community Grant Policy is to establish a clear process and procedures for the Community Grant Program. The policy outlines eligibility requirements and instructions for applicants, which also includes an application that applicants must fill out and submit to the City Manager’s Office for review and approval.

In an effort to enhance protections while promoting altruism, creativity, and inclusivity to the Community Grant Policy, staff recommends the following amendments for consideration by the Committee, which are included in the proposed amended policy (Attachment 2):
(a) Adds language to indicate applicants must have a financial need for grant funding. This City of Santa Clara Printed on 5/30/2024Page 1 of 4
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provision empowers staff to request background information from the applicant to determine legitimacy, financial stability, business models, and the ability to provide impactful events to Santa Clara residents.
(b) Adds language to outline prohibited activity and ramifications for policy violations. The current policy does not include provisions protecting the City should violations occur. The proposed language restricts applicants from applying for future grants and/or requiring that grant funds be returned in part or in full for the following actions:
a. Misuse of grant funds;
b. Failure to provide documentation sufficiently verifying grant funds were spent in the manner for which they were approved;
c. Failure to follow the terms outlined in the policy and approved grant application; and d. Significant changes to the event, activity, or championship competition/performance that occur without prior City approval including but not limited to:
i. Postponement or significant change in the target date of the event; ii.Changes of location that negatively impact participation and/or benefits to Santa Clara residents;
iii. Changes in activity;
iv. Changes in expenses; or
v. Changes that impact the terms, conditions, and eligibility set forth upon the approved application and the Community Grant Policy. (c) Adds an additional requirement in the post-event audit. On May 24, 2022, the City Council approved modifications to the Community Grant Policy which empowered staff to conduct a post-event audit. This provision allowed staff to collect receipts and invoices from the grantee to verify that grant funds were spent in the manner they were approved. Staff also requests fundraising and attendance numbers, which can be used to determine the success of the event and could also be used to weigh future eligibility if the grantee applies for a grant in the future. The proposed policy maintains these provisions and adds an additional requirement for grantees to report on the impact to the community and provide more information on how Santa Clara residents were served.

The proposed policy also includes language to clarify that it is the responsibility of the applicant to maintain and submit the required documentation within designated timeframes.

Late submission and incomplete submittals risk future eligibility to apply for future grant opportunities through the Community Grant Program.
(d) Enhances the eligibility requirements to clearly capture the spirit and intention of the Community Grant Program, which is to encourage and support eligible community events/activities in the City of Santa Clara, and support youth groups traveling to and participating in championship games/performances, in which both categories directly benefit the City of Santa Clara and its residents. The proposed language also eliminates the requirement that applications align to City Council Goals because such goals are adopted to prioritize and focus the efforts of the City’s government, and may not align with all possible community-based events, activities, and competitions that request funding. Instead, the proposed policy asks that applicants demonstrate the event/activity/competition aligns with the following grant focus areas:

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24-1082 Agenda Date: 6/3/2024
a. Santa Clara Identity/Culture/Representation/Equity;
b. Santa Clara Youth; and
c. Community Service.

In addition, the eligibility criteria also states that grant funds will not be used for political or religious purposes. The proposed policy includes definitions of these activities consistent with federal and state laws regarding limitation on use of public funds. (e) Expands the types of eligible events and activities to include workshops, programs, and community projects. By expanding the range of eligible community events and activities, qualifying applicants are encouraged to come up with creative ways to provide community benefits to Santa Clara residents, and ensures a fair and equitable application process. (f) Adds language to expand eligible expenses and include ineligible expenses for grant funding.

Additional expenses essential to the success of the event should be considered for approval such as marketing and promotion expenses, equipment rentals, and one-time incidental expenses related to the event or activity. To that end, the proposed policy includes ineligible expenses such as gifts, giveaway items, overhead costs, consultant services, and payment of applicant’s staff time. This provision aims to provide assistance to the applicant when filling out the application.

The Governance and Ethics Committee shall review and discuss the current policy and procedure. If the additional amendments are approved, staff will bring forward the revised policy and a resolution to the full City Council for their consideration and approval.

FISCAL IMPACT
There is no fiscal impact associated with the approval of the recommendation.

As mentioned above, City Council approved the reallocation of $10,000 from the Community Grant Program to the Santa Clara Ballet, bringing the total Community Grant Program budget to $90,000 of available funds.

Staff is reviewing the status of the Santa Clara Ballet. If the organization is no longer active in Santa Clara, staff may recommend a budget amendment to City Council, as appropriate, to reallocate those funds back to the Community Grant Program budget.

Additionally, on January 30, 2024, the Santa Clara Stadium Authority Board approved Amendment No. 1 to the Naming Rights Agreement with Levi Strauss & Co. which included a $4 million charitable commitment over 20 years from StadCo for community grants. The total annual amount of this contribution to the Community Grant Program budget will be proposed during the June 4, 2024 Council meeting.

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24-1082 Agenda Date: 6/3/2024

COORDINATION
This report was coordinated by the City Manager’s, City Attorney, and City Finance Offices.

PUBLIC CONTACT
Public contact was made by posting the Committee 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] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Approve amendments, if any, to Policy and Procedure 049 (“Community Grant Policy”) and bring forth to City Council for consideration and approval.

Reviewed by: Michelle Templeton, Acting Assistant City Manager, City Manager’s Office Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Policy and Procedure 049 Community Grant Policy (Current)

2. Policy and Procedure 049 Community Grant Policy (Proposed) City of Santa Clara Printed on 5/30/2024Page 4 of 4
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City of Santa Clara
Council Policy Manual

COMMUNITY GRANT POLICY
CP 049 Page 1 of 4 Adopted May 24, 2022
Resolution No. 18-8605

PURPOSE
POLICY
To establish a standardized process to award grants to qualifying non - profit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.

Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget .

Community grants, subject to availabi lity of funds, shall not exceed $10,000 per applicant, per fiscal year. To receive grant funds, g rant applications must be submitted at least ninety (90) days and no more than six (6) months before the planned event/activity being funded , regardless of the form of the grant. Applications will be evaluated by the City Manager’s Office on a case -by-case and “first come -first served” basis, throughout the fiscal year.

The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, an d subject to funding availability as app roved by the Ci ty Council through the adoption of the annual budget. Additionally, if the event or activity being reque sted for funding has been previously supported by the City, the City Manager’s Office may evaluat e the event or activity’s past success, measured by the applicant’s ability to meet attendance and/or fundraising projections and the individual/organization’s ability to satisfy the requirements of this policy when consid ering approval or denial of a requ est. Grants for community events shall not be provided for waiver of or reimbursement for already discounted permit fees nor shall they be provided to organizations that receive separate annual funding from the City.

Allowable expenses shall be defined as: City permits, Fees and Services, Venue, Food and Bevera ge, Trash/Recycling, and Stage/Tent Rentals. Grant funds requested for Food and Beverage do not exceed 15% of the total grant amount or $1,500 .Grantees shall be requ ired to return any unspent grant funds to the City within 3 days after completion of the audit.

Grants for attendance at youth state, national, or international competitions or performances shall be limited to costs associated with registration, hotel, tr ansportation an d food for partici pants and coaches/chaperones only. Due to short notice of advancement to state, national, or international competitions, applicants shall submit an City of
, Santa Clara
The Center of What's Possible
COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 2 of 4
Resolution No. 18-8605
application within one week of advancing to such competitions.

Submission of an applica tion in no way ob ligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, w ithout penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest.

ELIGIBILITY

CRITERIA
In addition to a timely and complete appli cation, t he applicant must demonstrate that the event or ac tivity being funded (other than competition funding, described below) by the City’s grant will sa tisfy all of the following criteria:
a) Provides a benefit to Santa Clara residents
b) Contributes positively to the recognition and image of the City of Santa Clara
c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Aligns with established Council goals
e) Grant funds will not be used for political or religious purposes f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
If the grant is for an event or activity, then the applicant must demonstrate that the event or activity being funded by the City’s grant will be held within the City of Santa Clara.

If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with established Council goals
COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 3 of 4
Resolution No. 18-8605
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone

PROCEDURE 1. City Council approves an a nnual budget item for City grants , to be administered by the City Manager’s Office

2. Applicants submit timely and complete grant applications to the City Manager’s Office for review

3. City Manager’s Office review s application for compliance with eligibility cr iteria and availability of funds . City Manager may seek additional information from applicant as necessary.

4. If an application is approved by the City Manager’s Office, then the approved application marked acc ordingly shall be transmitted to th e applicant with additional instructions, if any.

5. If an application is not approved by the C ity Manager’s Of fice, the City Manager shall notify the applicant in writing.

6. If the applicant has received a grant for an even t/activity other than performance or competition attendance, then applicant shall submit proof that the grant funds have been sp ent in the manner and for the purposes stated on the applica tion within thirty (30) days after the event/activity.

7. If the applic ant has received a grant for performance or competition attendance, then proof of all allowable expenses actually incurred, as well as allocatio n of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.

8. Applicants that have received a grant, regardless of type of activity, shall maintain sufficient books and rec ords in accordan ce with generally accepted accounting principles. The City shall have the COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 4 of 4
Resolution No. 18-8605
right to audit the books and records o f the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.

9. If an applicant makes a grant request directly to a member of the City Council, wh ether individually or as a group, the Council s hall refer the applicant to the City Manager’s Office fo r application and review in accordance with this policy.

10. Staff shall report any distributions in accordance with applicable tax law.

Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Council Policy Manual

COMMUNITY GRANT POLICY
P&P 049 Page 1 of 7
Resolution No. 18-8605

PURPOSE

POLICY
To establish a standardized process to award grants to:
• Q ualifying 501(c)(3) non-profit community organizations; • Y outh athletic groups or organizations;
• E ducational groups or organizations; and
• I ndividuals,
that have financial need for the use of supporting high impact events, activities, programs, community projects (collectively referred to in the Policy as Community Events/Activities), and youth competitions and performances in which the main purpose is to directly benefit the City of Santa Clara and its residents, students, and schools.

Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the budget approval process.

Community grants, subject to availability of funds, shall not exceed $10,000 per applicant, per fiscal year. All grant requests, including those made directly to a member of the City Council, shall be referred to the City Manager’s Office for review. Applications will be evaluated by the City Manager’s Office on a case- by-case and “first come-first served” basis, throughout the fiscal year.

The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria, adherence to procedures set forth below, and subject to funding availability as approved by the City Council through the adoption of the annual budget.

Additionally, if the event or activity
being requested for funding has been previously supported by the City, the City Manager’s Office may evaluate the event or activity’s past success, measured by the applicant’s ability to meet attendance and/or grant goals, fundraising projections and the applicant’s ability to satisfy the requirements of this policy , when considering approval or denial of a request.

An applicant that receives grant funds may be required to return awarded grant funds, in part or in full, and considered ineligible to submit a new grant request after the conclusion of their event/activity/competition should any of the following occur:

City of
Santa Clara
The Center of What's Possible
COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 2 of 7
Resolution No. 18-8605
• Misuse of grant funds;
• Failure to provide documentation demonstrat ing that grant funds were spent in the manner that they were approved by the City; • Failure to follow the terms outlined under this Policy and in the approved grant application; and
• Major changes to the event, activity, or competition without prior City approval.

Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty. In all cases, the City reserves the right to reject any and all a pplications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest. Staff shall report any distributions in accordance with applicable tax law.

Applicants that have received a grant, r egardless of type of activity, shall maintain sufficient books and records in accordance with generally accepted accounting principles. The City shall have the right to audit the books and records of the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.

ELIGIBILITY

CRITERIA FOR

COMMUNITY

EVENT/ACTIVITY
In addition to a timely and complete application, t he applicant must demonstrate that the Community E vent/Activity being funded by the City’s grant will satisfy all of the following criteria:
a) Must be held within the City of Santa Clara
b) Provides a community benefit to the residents of Santa Clara c) Must be open to the general public, and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law d) Aligns with the following grant focus areas:
• Santa Clara Identity/Culture/Representation/Equity
• Santa Clara Youth
• Community Service
COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 3 of 7
Resolution No. 18-8605
e) Consistent w ith a pplicable f ederal an d state laws r egarding limitation on use of public funds. Public funds shall not be used for the following:
• Religious P urposes. Grant funds s hall not be used to conduct religious services or ceremonies. A grantee shall not spend any portion of the grant to inhibit or promote religion, nor t o convey a r eligious
message.
• Political P urposes. G rant funds shall not be used for political purposes, s uch as political advocacy
efforts whether for or against a political
candidate, ballot measure, or bill.
f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
Gr
ant funds may only be used for the following eligible expenses for the Community Event/Activity:
• City permits, fees and services
• Venue rental fees and related insurance
• Food and non-alcoholic beverage (Food and beverage costs should not exceed 15% of the total grant request amount) • Trash and recycling
• Stage, tent, and equipment rentals
• Marketing, promotion, and advertising (excluding consultant services and marketing materials production)
• Incidental, one-time related expenses specifically for the Community Event/Activity
Grant funds shall not be used for costs related to the following:
• Gifts and giveaway items (e.g., gift cards, raffle baskets, and prizes)
• Programmatic expenses such as applicant’s staff time, overhead costs, consultant services, and payment of hired staff COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 4 of 7
Resolution No. 18-8605
Additionally, grants for Community Events/Activities shall not be provided for waiver of or reimbursement for already discounted permit fees nor shall they be provided to organizations that receive separate annual funding from the City.

PROCEDURE
FOR

COMMUNITY

EVENT/ACTIVITY

1. Applicant submits timely and complete grant application to the City Manager’s Office for review at least ninety (90) days and no more than six (6) months before the planned Community E vent/Activity.

The application must include an itemized budget of eligible expenses that detail how the requested grant funds will be spent, if awarded.

2. City Manager’s Office review s application for compliance with eligibility criteria and availability of funds . City Manager ’s Office may seek additional information from the applicant as necessary.

3. If an application is approved, the approved application , marked accordingly, shall be transmitted to th e applicant with additional instructions, if any.

4. If an application is not approved by the City Manager’s Office, the applicant will be notified in writing.

5. If the applicant received grant funding, the applicant shall submit within in 30 days after the Community Event/Activity documentation of:
• Proof of all allowable expenses incurred (e.g., receipts and invoices) and demonstrate that the grant funds have been spent in the manner and for the purposes stated on the approved application
• Attendance numbers
• Community impact
• Fundraising actuals, if applicable

6. The a pplicant is responsible for identifying and returning any unspent grant funds to the City within two (2) weeks after the Community Event/Activity. It is the responsibility of the applicant to return any unspent grant funds within the requi red time frame . A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late return or failure to return the unspent grant funds.

COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 5 of 7
Resolution No. 18-8605

7. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the applicant to confirm if any funds must be returned to the City. It is the responsibility of the applicant to submit the required documentation within the required timeframe. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late submission of documentation, incomplete/insufficient documentation, or failure to submit documentation.

IGIBILITY

CRITERIA FOR
YOUTH

COMPETITIONS/

PERFORMANCES
I
f the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with the following grant focus areas:
• Santa Clara Identity/Culture/Representation/Equity
• Santa Clara Youth
• Community Service
d) Consistent with applicable federal and state laws regarding limitation on use of public funds. Public funds shall not be used for the following:
• Religious Purposes. Grant funds shall not be us ed to conduct religious services or ceremonies. A grantee shall not spend any portion of the gr ant to inhibit or prom ote religion, nor to convey a religious
message.
• Political Purposes. Grant funds shall not be used for political purposes, such as political advocacy
efforts whether for or against a political
candidate, ballot measure, or bill.
e) Grant funds requested will only be used for specific state, national, or international titles, competitions, or performances COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 6 of 7
Resolution No. 18-8605
f) Grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food for participants and coaches/chaperones only) and comport with the other requirements stated in the application
g) Individuals, teams, or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student -to-coach/chaperone ratio is at minimum six students to one coach/chaperone

PROCEDURE

FOR YOUTH

COMPETITIONS/

PERFORMANCES

1. Applicant submits timely and complete grant application to the City Manager’s Office for review. Due to short notice of advancement to state, national, or international competitions/performances, applicant shall submit an application within one week of advancement.

2. City Manager’s Office reviews application for compliance with eligibility criteria and availability of funds. City Manager’s Office may seek additional information from the applicant as necessary.

3. If an application is approved, the approved application marked accordingly shall be transmitted to th e applicant with additional instructions, if any.

4. If an application is not approved, the applicant will be notified in writing.

8. If the applicant has received a grant for championship competition/performance attendance,
the applicant shall submit
documentation within in 30 days after the competition/performance documentation of all allowable expenses incurred (e.g., receipts and invoices) and demonstrate that the grant funds have been spent in the manner and for the purposes stated on the approved application.

9. The applicant is responsible for identifying and returning any unspent grant funds to the City within two (2) weeks after the Community Event/Activity. It is the responsibility of the applicant to return any unspent grant funds within the required time frame. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late return or failure to return the unspent grant funds.

10. City Manager’s Office will review the submitted documentation outlined above for compliance and notify the applicant to confirm if any funds must be returned to the City. It is the responsibility of the COMMUNITY GRANT POLICY (cont.)
P&P 049 Page 7 of 7
Resolution No. 18-8605
applicant to submit the required documentation within the required timeframe. A grant recipient may be deemed ineligible to apply for future grant opportunities through the Community Grant Program for late submission of documentation, incomplete/insufficient documentation, or failure to submit documentation.

Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-25 Agenda Date: 6/3/2024

REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
Review Meeting Management Protocol Options and Rosenberg’s Rules of Order and Provide Direction to Staff

BACKGROUND
The City Council has been using meeting management procedures set during its 2021 Priority Setting Session. During the March 13, 2023 Governance and Ethics Committee meeting, the Committee approved, as part of the workplan, to bring forth the meeting management protocols for review and discussion.

At the December 4, 2023 Governance and Ethics Committee Meeting, the Committee reviewed existing meeting management procedures used in practice. (Attachment 1) The Committee discussed factors such as time limits for the City Council to speak on an item and an additional secondary round of questions for the City Council, following the initial questions answered. During this discussion, the City’s practice of using Robert’s Rules of Order (Attachment 2) for parliamentary procedures was discussed. Because Robert’s Rules can be overly formalistic and complex, it was suggested that Rosenberg’s Rules of Order might be more useful as they are similar to Robert’s Rules, but less complex and more oriented towards smaller legislative bodies, like City Councils and Committees. The Committee did not take any actions during the discussion and requested additional information about Rosenberg’s Rules of Order (Attachment 3) to further analyze the options.

DISCUSSION
At this June 3, 2024 Committee meeting, staff will present options for consideration with the use of Rosenberg’s Rules of Order. The Governance and Ethics Committee may consider options to continue Robert’s Rules of Order or discuss options for Rosenberg’s Rules of Order for meeting management procedures for public meetings.

Rosenberg’s Rules of Order is a simplified set of parliamentary rules used in several cities throughout California, including the cities of Belmont, Cupertino, Fremont, Los Altos, San Mateo, Santa Rosa.

Many institutions have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user-friendly while retaining the basic tenets of order.

The application of Rosenberg’s Rules will provide a clear and concise parliamentarian process for the members of the body to operate under that can result in the holding of more efficient meetings.

Similar to Robert’s Rules, and consistent with the City’s Charter, Rosenberg’s maintains the concept of the Mayor/Chair as presiding officer having primary responsibility for managing the meeting in accordance with applicable rules. If a question arises, the Mayor/Chair, or a member of the legislative City of Santa Clara Printed on 5/30/2024Page 1 of 5
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body can request clarification of the rules from the City Attorney. Through a process of appeal on points of order, a majority of the body reserves the right to overrule the Mayor/Chair.

As shown below, Table 1 illustrates some actions for Rosenberg’s Rules of Order and how to state the action. The table includes a list of motions and points which are listed in established order of precedence. When any one of them is pending, you may not introduce another that is listed below, but you may introduce another that is listed above it.

Table 1 - Rosenberg’s Motions and Points of Order in Established Order of Precedence Action State Interrupt
Speaker
Second
Needed
Debatable Amendable Vote
Needed
Adjourn “I move that we
adjourn”
No Yes No No Majority
Recess “I move that we recess
until…”
No Yes No Yes Majority
Complain about
noise, unable to
hear speaker,
uncomfortable
surroundings, etc.
“Point of Privilege” Yes No No No Chair
Decides
Suspend further
consideration or
defer discussion
to future date.
“I move that we table
it”
No Yes No No Majority
End Debate “I move the previous
question” or “Call the
question”
No Yes No No 2/3
A motion to limit
debate could
include a time
limit.
“I move we limit debate
on this agenda item to
15 minutes.”
No Yes No No 2/3
Postpone
consideration of
“I move we postpone
this matter until…”
No Yes Yes Yes Majority
Introduce a basic
motion
“I move that we….” No Yes Yes Yes Majority
Amend a motion “I move that this
motion be amended
by…” (You can also
ask for a friendly
amendment, which is
less formal; if mover
and second concur, no
vote needed)
No Yes Yes Yes Majority
Refer to a
Committee/Staff
“I move that the
question be referred to
staff for more study”
No Yes Yes Yes Majority
As shown below in Table 2, the motions, points and proposals listed below have no established order of preference; any of these items may be introduced at any time except when meeting is considering one of the top three matters listed from Table 1 (Motion to Adjourn, Recess or Point of Privilege).

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Table 2 - Rosenberg’s Motions, Points and Proposals at Any Time Action State Interrupt
Speaker
Second
Needed
Debatable Amendable Vote
Needed
Object to
procedure or
personal affront
“Point of Order” Yes No No No Chair
decides
Request
information
“Point of Information” Yes No No No None
Object to
considering some
undiplomatic or
improper matter
“I object to
consideration of this
question” (This is
generally used for
matter not on agenda)
Yes No No No 2/3
Reconsider
something
already disposed
of
“I move we now (or
later) reconsider our
action relative
to…” (Only a member
of the prevailing side
can make a motion to
reconsider)
Yes Yes Only if
original
motion
No Majority
Appeal / Vote on
Ruling by the
Chair
“I appeal the Chair’s
decision”
Yes Yes Yes No Majority
Staff will present any material differences of Robert’s Rules for Rosenberg’s in its presentation on this item.

Council Policy on Meeting Management Protocols
In addition to considering converting from Robert’s Rules of Order to Rosenberg’s, consistent with past City Council direction, staff also supports consideration of formalizing additional meeting management protocols into a formal Council Policy and Procedure. At the December meeting, the Committee considered revising the current meeting procedure in a variety of ways. Below are some areas for possible further consideration by the Committee. Some of these rules are consistent with current Council practices, but have not been formalized.

1. Establishing Time Limits and/or Limits on the Number of Times each Councilmember speaks on Items: This could help focus remarks and ensure all have an equal opportunity to speak.
· On the other hand, specific time limits and/or limits on the number of times a member is allowed to speak may negatively impact Council deliberations and information/idea sharing on important policy matters. Continuing to rely on the powers of the meeting’s Chair to guide the City Council’s discussions in a timely manner is an effective strategy that is used in many (if not most) jurisdictions.

2. Consent for Extended Comments: Councilmembers seeking to make extended comments may request consent from the Chair or the Council to allow extended speaking time. This can City of Santa Clara Printed on 5/30/2024Page 3 of 5
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be utilized if the City Council elects to set time limits as a matter of general policy (as outlined in Option 1) or if the Chair/Board adopts a limit to discussion/questions on a particular agendized item.

3. Add a Provision for Discussions Prior to the Making of a Motion: Council could consider the formal addition of a Council “discussions” step prior to the making of a motion. This is generally consistent with existing practices and can, particularly for more significant matters, facilitate the making of constructive motions that take into account the collective thoughts of the Council. As per standards, the Presiding Officer would manage this process with all Councilmembers given an opportunity to speak.

4. Addressing the Chair: Councilmembers should address comments to the Chair (as the Presiding Officer), not directly to other members to assist with maintaining order and civility.

5. Minimize Repeating Points: Councilmembers should avoid extended restatements of points already made by others to keep discussions efficient. The Chair will preside over these matters and may minimize repeated remarks.

6. Respectful Language: Maintain a professional and respectful tone during discussions and avoid personal attacks or disrespectful language based on the City Code of Ethics and Values Behavioral Standards for Councilmembers (Attachment 4).

7. Focus on Agenda Items: Comments should relate directly to the agenda items being discussed and off-topic discussions may be redirected by the Chair.

8. No Interruptions: Allow each member to speak without interruption.

9. Enforcement: As the Chair of the meeting, the Presiding Officer may raise points of order to address violations of meeting rules, with a right for an appeal from the majority of the Council.

Questions regarding applicable rules or questions of interpretation may be presented to the City Attorney for advice.

The Governance and Ethics Committee shall discuss and make any recommendations to City Staff on a potential new Council Policy and Procedure for meeting management protocols that will be brought back to the Committee for review and approval before bringing forth to the full City Council for its consideration.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

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COORDINATION
This report was coordinated with the City Manager’s Office and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Governance and Ethics Committee 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.

RECOMMENDATION
Provide Direction on a Council Policy for Meeting Management Protocols Recommendations by the Governance and Ethics Committee and Forward for Consideration and Approval by the City Council Reviewed by: Elizabeth Klotz, Assistant City Manager, City Attorney’s Office Approved by: Jōvan D. Grogan, City Manager and Glen Googins, City Attorney

ATTACHMENTS

1. RTC 23-1264

2. Robert’s Rules of Order Cheat Sheet

3. Rosenberg’s Rules of Order

4. City Code of Ethics and Values Behavioral Standards for Councilmembers City of Santa Clara Printed on 5/30/2024Page 5 of 5
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REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
..Title
Review Meeting Management Procedures

..Report

BACKGROUND
At the August 17, 2021 mid-year check-in on City Council Priorities session, the City Council developed procedures for meeting management. The session facilitator introduced a segment on meeting management procedures and norms, including a review of Robert’s Rules of Order. The Council determined that it was in the best interest of the City to promote Council meeting efficiency by adopting a set of meeting procedures governing the process by which Council would conduct its discussion of agenda items.

At this session, the City Attorney’s Office was to return to Council with a resolution on the meeting management procedure. The City Council also agreed to use this process for a period of approximately six months, and to revisit the topic at the 2022 Council Priority Setting session. Due to staff departures and transitions, the draft resolution (Attachment 1) did not return to a Council meeting and the item was not heard at the 2022 Council Priority Setting session held on February 8, 2022.

As a result, the City Council has been using these procedures in practice since the 2021 Priority Setting Session. During the March 13, 2023 Governance and Ethics Committee meeting, the Committee approved, as part of the workplan, to bring forth the current meeting management protocols for review and discussion.

At this December 4, 2023 meeting, the Governance and Ethics Committee shall review and discuss the current meeting management procedures, subject to any further amendments it may agree to, and recommend to the full Council for consideration and approval of a resolution formalizing the procedure.

DISCUSSION
As noted above, since the establishment of the meeting management procedures, the City has continued to use the established procedures as set forth below when discussing agenda items. At the August 17, 2021, City Council Priority Session check-in session, a motion was passed by the City Council to utilize the following procedure for a period of approximately six months, which has extended to the present day.

Current Procedure

Each item on a Council and/or Authorities agenda shall be heard and discussed in accordance with the following procedure:

1. City staff provides a report on the item, if warranted;

2. Each Councilmember shall have the opportunity to ask their questions;

3. City staff shall, to the extent possible, provide a response to all Councilmember questions;

4. The public shall have the opportunity to provide public comment on the item;

5. At the Mayor’s request, City staff shall, to the extent possible, provide responses to the comments or questions from the public;

6. A Councilmember shall then make a motion and the motion should be seconded by another Councilmember;

7. Each Councilmember who wishes to speak to the motion (during the deliberation portion of the meeting) shall then have the opportunity to make statements regarding the motion; and

8. A vote shall then be taken.

Options to Consider

Option 1:

The Committee may consider continuing the use of the current procedure in place and direct staff to formalize the procedures with a formal Resolution for Meeting Management and bring forth to the City Council for approval.

Option 2:

The Committee may consider revising the current procedure in one or more ways.

Below are some areas for possible further consideration by the Committee. Some of these rules are consistent with current Council practices, but have not been formalized.

1. Establishing Time Limits and/or Limits on the Number of Times each Councilmember speaks on Items: This could help focus remarks and ensure all have an equal opportunity to speak.
 On the other hand, specific time limits and/or limits on the number of times a member is allowed to speak may negatively impact Council deliberations and information/idea sharing on important policy matters. Continuing to rely on the powers of the meeting’s Chair to guide the City Council’s discussions in a timely manner is an effective strategy that is used in many (if not most) jurisdictions.

2. Consent for Extended Comments: Councilmembers seeking to make extended comments may request consent from the Chair or the Council to allow extended speaking time. This can be utilized if the City Council elects to set time limits (as outlined in Option 1) or without time limits and requested if the Chair seeks to limit discussion/questions.

4. Addressing the Chair: Councilmembers should address comments to the Chair (as the Presiding Officer), not directly to other members to assist with maintaining order and civility.

7. Focus on Agenda Items: Comments should relate directly to the agenda items being discussed and off-topic discussions may be redirected by the Chair.

8. No Interruptions: Allow each member to speak without interruption.

9. Enforcement: As the Chair of the meeting, the Presiding Officer may raise points of order to address violations of meeting rules, with a right for an appeal from the majority of the Council. Questions regarding applicable rules or questions of interpretation may be presented to the City Attorney for advice.

Option 3:

In addition, the Committee may consider directing staff to consider the options to replace the current Robert’s Rules of Order with Rosenberg’s Rules of Order.

Rosenberg’s Rules of Order is a simplified set of parliamentary rules used in several cities throughout California. Many institutions have adopted Rosenberg’s Rules in lieu of Robert’s Rules, by finding them practical, logical, simple, easy to learn and user- friendly, while retaining the basic tenets of order.

If the Committee is interested in this option, the staff will prepare to present a comparison of Robert’s Rules of Order vs. Rosenberg’s Rules of Order at a future Governance and Ethics Committee meeting.

Benchmarking:

As background, below are excerpts from procedures being utilized by neighboring cities in relation to meeting management.

City Procedure
Cupertino City Council meetings are governed by Rosenberg’ s Rules of Order.

Council Questions and Deliberations: Councilmembers may obtain the floor by seeking recognition from the Mayor. Following presentations on an agenda item, Councilmembers are given five minutes to ask questions of any presenter. The Mayor may allow additional time for questions where appropriate. Following public comment, the Mayor may request that a motion be made and seconded. After the motion has been stated to the Council and seconded, any member of the Council has a right to discuss the motion after obtaining the floor. A member who has been recognized shall limit their time to five minutes. The Mayor may allow additional time for deliberations where appropriate. This rule shall displace any conflicting rule in the City’ s adopted rules of procedure.

Opportunity for Equal Participation: The policy encourages the full, fair participation of all members of the Council in discussions and deliberations. The Mayor may impose reasonable limits on the time any Councilmember is permitted to speak to advance this policy. In addition, all Councilmembers wishing to be recognized should be given an opportunity to speak before any member is allowed to speak a second time.

Milpitas City Council meetings are governed by Robert’s Rules of Order. The presiding officer conducts the meetings of the City Council to:
…
d. In presiding over matters where the public has provided testimony and/or raised questions, the presiding officer should:
(i) Restate every question coming before the Council.
(ii) Direct questions or comments requiring a response to staff for a response.
(iii) Ensure that staff and members and the public direct their comments to the presiding officer.
(iv) If necessary, help keep Councilmember questions relevant to the matter being considered by the Council.
(v) If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
(vi) Announce the decision of the Council on all subjects.

Ensure that each member of the Council is p rovided an opportunity to completely express their views on items of business, the Mayor should:

See that Councilmembers ask to be recognized by the Mayor before speaking and ensure that each Councilmember is given the opportunity to fully express their views
Palo Alto City Council meetings are governed by Robert’s Rules of Order.

Council Member Speaking Time Limits: The presiding officer shall give each Councilmember up to five (5) minutes to speak in each round of discussion during discussions on Council items where discussion takes place. The Council shall be guided by the speaking times set by the presiding officer and shall conclude comments at the direction of the presiding officer. The presiding officer shall endeavor to treat all members equitably. Discussion on motions: The maker shall be the first Councilmember recognized to speak on the motion if it receives a second. The seconder shall be the second Councilmember to speak on the motion. Generally, Councilmembers will speak only once with respect to a motion. If the presiding officer or Council permits any Councilmember to speak more than once on a motion, all
Councilmembers shall receive the same privilege.

San Bruno City Council meetings are governed by Robert’s Rules of Order. To encourage full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question or agenda item. If a councilmember has already spoken and other members wish to speak, the latter members should be recognized in preference to the member who has already spoken.

However, if no other members seek recognition, the Mayor may recognize the member who has already spoken or make a motion on the item. The Mayor has the responsibility of controlling and expediting any debate or item. It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.

San Jose City Council meetings are governed by Robert’s Rules of Order.

Members of the Council who wish to ask questions of the speakers or of each other, or who wish to discuss the agenda item during the course of the discussion on the agenda item, may do so, but only after being recognized by the Chair. The Chair may set time limits as he/she finds reasonable under the circumstances. When a motion is made and seconded, it may be debated by the Council. Members of the Council may speak in debate of a motion only when addressing the Chair and being recognized by the Chair. Whe never the subject of the motion has been discussed and considered, no further discussion or debate may take place except that members of the Council may explain their vote or propose supplemental motions.

Santa Rosa City Council meetings are governed by Rosenberg’s Rules of Order.

Councilmembers wishing to speak during Council meetings shall raise their hand and gain recognition by the Presiding Officer.

Councilmembers shall confine himself/herself to the question under debate. Every Councilmember desiring to question the City staff shall, after recognition by the Presiding Officer, address his/her questions to the presenter of an agenda item, the City Manager or to the City Attorney. The City Manager or City Attorney shall be entitled either to answer the inquiry himself/herself, or to designate a member of his/her staff for that purpose.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

COORDINATION
This report was coordinated with the City Attorney and City Manager’s Offices.

PUBLIC CONTACT
Public contact was made by posting the Committee 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] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
..Recommendation
Review Meeting Management Procedures and Information Provided in Report and Provide Feedback for any further Amendments

..Staff
Reviewed by: Maria Le, Assistant to City Manager
Approved by: Glen Googins, City Attorney and Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Draft Proposed Resolution from August 17, 2021 Priority Setting Check-in Session

2. City Code of Ethics and Values Behavioral Standards for Councilmembers

Robert’s Rules Cheat Sheet

To: Say: Interrupt Speaker Second Needed Debatable Amendable Decided by:

Adjourn “I move to adjourn.” No Yes No No Majority vote Recess “I move to recess for/until...” No Yes No Yes Majority vote Complain about hearing, comfort,
etc.
“Point of privilege...” Yes No No No Chair
End debate and vote on question “I move the previous question.” No Yes No No Majority vote Suspend further consideration of
something
“I move to table this matter.” No Yes No No 2/3 vote
Postpone deciding the question “I move to postpone this matter until...

No Yes Yes Yes Majority vote
Amend a motion “I move to amend this motion
by...”
No Yes Yes Yes Majority vote
Introduce business (a main
motion)
“I move that...” No Yes Yes Yes Majority vote
The motions and points listed above are in order of preference. When a motion or point of inquiry is pending, only those listed above the pending point may be raised.

To: Say: Interrupt Speaker Second Needed Debatable Amendable Decided by:

Redress any violation of the
body’s Rules
“Point of order...” Yes No No No Chair
Request information “Point of inquiry...” Yes No No No N/A Verify a recent voice vote by
actual count (before next motion
only)
“I call for division.” Yes No No No Majority vote
Prevent body from considering a
matter
“I object to considering this
question.”
Yes No No No 2/3
Consider a suspended matter “I move to take from the table...” Yes Yes No No Majority Reconsider a previous motion “I move to reconsider...” Yes Yes No No 2/3 Consider something out of
schedule
“I move to suspend the rules to
consider...”
No Yes No No 2/3
Vote on the Chair’s decision “I appeal the Chair’s decision.” Yes Yes Yes No Majority The motions and points above have no precedence. Any of them may be raised in response to any motion or question, with the exception of the three items in gray (motion to adjourn, motion to recess, and point of privilege
1 Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

ii
MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
1 Table of Contents
About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 T o Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7 2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order. ”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”

3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:
5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: T ell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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24-438 Agenda Date: 6/3/2024

REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
Update on Review of SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter

2.160 (“Calendars of Certain City Officials”)

BACKGROUND
At the March 4, 2024 Governance and Ethics Committee meeting, staff provided information on an item carried over from the June 7, 2021 Governance and Ethics Committee meeting when the former City Attorney presented on the Lobbyist Ordinance and Calendaring Ordinance which included recommendations as outlined in the report to the Committee (Attachment 1). Due to the transition of staff, this item was never placed on a City Council agenda. As a significant amount of time has passed, and the membership of the Committee has changed since June 2021, staff requested confirmation or alternative direction regarding the proposed amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”).

DISCUSSION
At the March 4, 2024 Governance and Ethics Committee meeting, the Committee discussed the past proposed amendments. Committee members also had questions regarding the enforcement of the lobbyist ordinance and the staffing requirements necessary to manage potential changes to public calendars or lobbying ordinances, which would also require reconciling lobbyist reporting with public calendars.

Based on the feedback from the Committee, staff will return to a future Governance and Ethics Committee meeting with additional information on the following:
· Staff to conduct a staffing analysis to determine the staffing needs for the enforcement of the lobbying ordinance.
· Staff conducts benchmarking to review other jurisdiction’s ordinances to understand how comparable jurisdictions regulate in this area and to identify other best practices for enforceability.
· Staff to provide information and background on the determination of the lobbyist fee amount.

At this time, through the Municipal Fee schedule process, during an annual review, the department recommends appropriate adjustments after considering the total costs to the City for each service provided. Costs include (1) personnel time (providing the service and collecting data), (2) equipment used, (3) material, service and supply costs, (4) department and City-wide overhead, and (5) any other costs that may be incurred that are directly related to the specific fees, rates or charges. Periodically, the City will contract with an outside City of Santa Clara Printed on 5/30/2024Page 1 of 2
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24-438 Agenda Date: 6/3/2024
consultant to perform a comprehensive review/study of fees.

This item will return to the Governance and Ethics Committee at a future date when staff has completed and analyzed the referrals from the Committee.

COORDINATION
This report was coordinated between the City Manager’s Office and the City Attorney’s Office.

FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time for basic processing and archiving of submitted lobbyist reports.

PUBLIC CONTACT
Public contact was made by posting the Governance and Ethics Committee 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] or at the public information desk at any City of Santa Clara public library.

Reviewed by: Elizabeth Klotz, Assistant City Attorney
Approved by: Jōvan D. Grogan, City Manager and Glen Googins, City Attorney

ATTACHMENTS

1. March 4, 2024 Report to Governance and Ethics Committee City of Santa Clara Printed on 5/30/2024Page 2 of 2
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City of Santa Clara
Agenda Report
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Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1267 Agenda Date: 3/4/2024

REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
Report and Request for Direction on Proposed Amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”) to Better Align the Requirements

BACKGROUND
At the March 29, 2021 Governance and Ethics Committee (Committee) meeting, the Committee voted to review the Santa Clara City Code Chapter 2.155 enacted by Ordinance No. 1949 entitled “Regulation of Lobbying Activities” (Lobbyist Ordinance) (Attachment 1) and Chapter 2.160 enacted by Ordinance No. 1950 entitled “Calendars of Certain City Officials” (Calendaring Ordinance) (Attachment 2), to the June 7, 2021 meeting.

At the June 7, 2021 Governance and Ethics Committee meeting, the former City Attorney presented on the Lobbyist Ordinance and Calendaring Ordinance with a verbal report from City Clerk Hosam Haggag. The Committee approved recommendations, included in the next section, to bring forth to the full City Council for consideration.

Due to staff transitions, this item was postponed for further action and discussion. The item was referred to return to the Governance and Ethics Committee Workplan for 2023. The item was deferred to return to Governance and Ethics Committee in early 2024.

DISCUSSION
In December 2015, the City adopted the following:
· Chapter 2.155, entitled “Regulations of Lobbyist Activities”, to ensure that there are adequate and effective disclosure of information about efforts to lobby City Government. Lobbyists are required to register with the City and provide semi-annual reports on the lobbying activities that take place. These semi-annual reports require general description of the legislative or administrative action(s) that the lobbyist was retained to influence, and the outcome sought.
· Chapter 2.160, entitled “Calendars of Certain City Officials”, to make the calendars of certain City officials open to the public to provide greater transparency for meetings conducted by elected officials and executive management of the City. Each month these public officials are required to publish their calendars to the City’s website. The calendars require certain general information to be disclosed for all non-internal City related appointments.

At the June 7, 2021 Committee Meeting, the Governance and Ethics Committee approved a recommendation to be forwarded to the City Council for its consideration which included the following City of Santa Clara Printed on 3/1/2024Page 1 of 3
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actions:

1. Amend the Public Calendar Ordinance to create different reporting standards for meetings with Lobbyists and Non-Lobbyists,

2. Amend the Public Calendar Ordinance that requires Councilmembers and staff who are required to comply with the Ordinance to report on the topics discussed and what was being requested,

3. Amend the Lobbyist Ordinance to require each lobbyist to report on the topics discussed and what was being requested,

4. Change the frequency of the Lobbyist Ordinance reporting requirements to align with the Public Calendar Ordinance to require reporting to be on a monthly cadence, and

5. City Clerk (elected) to return with a standard reporting template and

6. City Manager to return on staffing resources
The Committee motioned to bring forth the above amendments to the full Council for consideration as included in the June 7, 2021 minutes (Attachment 3). As stated above, due to the transition of staff, this item was never placed on an agenda for a City Council meeting.

Based on the Committee action from the June 7, 2021, the amendments for the regulations of Lobbyist Activities and the Public Calendar Ordinance are included in this report (Attachment 4) and the City Clerk would create a standard reporting template that may be utilized if the ordinance is adopted.

Staff recognizes that a significant amount of time has passed, and the membership of the Committee has changed since June 2021. As such, staff is seeking confirmation or alternative direction regarding the proposed amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”).

COORDINATION
This report was coordinated between the City Manager’s Office and the City Attorney’s Office.

FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time for basic processing and archiving of submitted lobbyist reports.

PUBLIC CONTACT
Public contact was made by posting the Governance and Ethics Committee 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 City of Santa Clara Printed on 3/1/2024Page 2 of 3
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24-1267 Agenda Date: 3/4/2024
requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Provide direction on the proposed amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”).

Reviewed by: Elizabeth Klotz, Assistant City Attorney
Approved by: Jōvan D. Grogan, City Manager and Glen Googins, City Attorney

ATTACHMENTS

1. Ordinance No. 1949

2. Ordinance No. 1950

3. Minutes - Governance and Ethics Committee June 7, 2021

4. Proposed Ordinance Amendments
City of Santa Clara Printed on 3/1/2024Page 3 of 3
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ORDINANCE NO. 1949

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, ADDING CHAPTER 2.155 ("REGULATION
OF LOBBYING ACTIVITIES") TO TITLE 2
("ADMINISTRATION AND PERSONNEL") OF "THE CODE
OF THE CITY OF SANTA CLARA, CALIFORNIA"
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the citizens of Santa Clara have a right to know the identity of interests which attempt to influence decisions of City government , as well as the means employed by those interests; WHEREAS, complete public disclosure of the full range of activities by and financing oflobbyists and those who employ their services is essential to the maintenance of citizen confidence in the integrity of City government;
WHEREAS, it is in the public interest to ensure that lobbyists do not misrepresent facts, their positions or attempt to deceive a City official through false communications; do not place a City official under personal obligation to themselves or their clients; and do not represent that they can control the actions of any City official; and,
WHEREAS, it is in the public interest to adopt this chapter to ensure adequate and effective disclosure of information about efforts to lobby City government.

NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANT A CLARA AS FOLLOWS:

SECTION 1: That Chapter 2.155("Regulation of Lobbying Activities") of Title 2 ("Administration and Personnel") of"The Code of the City of Santa Clara, California" ("SCCC") is added to read as follows:

Ordinance/Regulation of Lobbying Activities Page I of 13 Sections:

2.155.010

2.155.020

2.155.030

2.155.040

2.155.050

2.155.060

2.155.070

2.155.080

2.155.090

2.155.100

2.155.110

2.155.120

2.155.130

2.155.140

2.155.150

2.155.160

2.155.170

2.155.010
"CHAPTER 2.155

REGULATION OF LOBBYING ACTIVITIES
Interpretation .

Definitions.

Registration.

Annual registration renewal.

Termination of lobbyist status.

Active status.

Registration fees.

Required registration information.

Semi-annual repmts.

Records retention.

Lobbyist identification.

Prohibitions.

Gifts.

Enforcement.

Injunction .

Practice restrictions.

Exemptions.

Interpretation.

Unless the term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, the definitions set fmth in Government Code Sections 81000 et seq., shall govern the interpretation of this Chapter.

2.155.020 Definitions.

For the purposes of this Chapter, the following definitions shall be applicable:
(a) "Activity expense" means any payment made by a lobbyist to or directly benefiting any City official, City official-elect or member of his or her immediate family . Activity expenses include gifts, honoraria, consulting fees, salaries and any other form of compensation, but do not include campaign contributions.

Ordinance/R egulation of Lobbying Activities Page 2 of 13 (b) "Administrative action" means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or conh·act, permit, license or hiring action.
(c) "City official" means any public official, legislative staff member or City employee who participates in the consideration of any legislative or administrative action other than in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representative to any joint powers authority to which the City is a paity, and any consultant to the City.
(cl) "Client" means a person who is represented by a lobbyist. ( e) "Compensation" includes, but is not limited to, money of any denomination or origin; goods or services or anything of value, delivered or rendered; or promises to perform or provide services or contractual arrangements or awards.
(f) "Gift" means gift as defined in the California Political Ref01m Act, Government Code Section 81000 et seq., as amended from time to time.
(g) "Influencing" means the purposeful communication, either directly or through agents, promoting, supp01iing, modifying, opposing, causing the delay or abandomnent of conduct, or otherwise intentionally affecting the behavior of a City official or official-elect, by any means, including, but not limited to, providing or using persuasion, inf01mation, incentives, statistics, studies or analyses; excepted from this definition is communication made as a part of a noticed governmental public meeting.
(h) "Legislative action" means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination or other action of the Mayor, City Council, Santa Clara Stadium Authority, City of Santa Clara Housing Ordinance/Regulation of Lobbying Activities Page 3 of 13 Authority, any other joint powers authority of which the City is a party, or City board or commission, acting in its official capacity .
(i) "Lobbying" is the influencing or attempting to influence a legislative or administrative action of the City.
(i) "Lobbyist," unless exempt under Subsection 4 hereunder , means:
(1) Contract lobbyist. A person who engages in lobbying on behalf of one (1) or more clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for compensation of one thousand dollars ($1,000.00) or more, or equivalent non-monetary compensation ("threshold compensation") for engaging in lobbying during any consecutive three (3) month period; (2) Business or organization lobbyist. Any business or organization, whose owner(s), officer(s) or employee(s) can-y out lobbying on its behalf, in an aggregate amount of ten (10) hours or more within any consecutive twelve (12) month period, whether or not such of~cers or employees are specifically compensated to engage in lobbying; provided that the activities of officers shall be considered lobbying only if those officers receive compensation by the business or organization beyond reimbursement for their reasonable travel, meals or incidental expenses ; or, (3) Expenditure lobbyist. A person who makes payments or incurs expenditures of five thousand dollars ($5,000.00) or more during any calendar year in connection with can-ying out public relations, advertising or similar activities with the intent of soliciting or urging, directly or indirectly, other persons to communicate directly with any City official in order to attempt to influence legislative or administrative action. The five thousand dollars ($5,000.00) threshold shall not include: (A) Compensation paid to contract lobbyists or employees for lobbying; or (B) Dues Ordinance/Regulation of Lobbying Activities Page 4 of 13 payments, donations, or other economic consideration paid to an organization, regardless of whether the dues payments , donations or other economic consideration are used in whole or in part to lobby. (k) Exemptions to "lobbyist" include:
(1) Any public official acting in his or her official capacity or acting within the scope of his or her employment or appointment;
(2) The media, when limiting its action to the ordinary course of news gathering or editorial activity, as carried out by members of the press. "Media" shall mean newspapers or any other regularly published periodical, radio or television station or network or information published on the internet;
(3) Persons reimbursed for only their reasonable travel, meals or incidental expenses, including but not limited to, uncompensated members or directors of nonprofit organizations, such as chambers of commerce;
( 4) Persons whose communications regarding any legislative or administrative action are limited to appearing or submitting testimony at any public meeting held by the City or any of its agencies, offices, or departments, as long as the communications thereto are public records available for public review . Notwithstanding the foregoing, persons who otherwise qualify as lobbyists must register and disclose their lobbying activities directed toward City officials, in the same manner and to the same extent such registration and disclosure is required of all other lobbyists;
(5) Persons submitting bids or responding to requests for proposals, provided the provision of such information is limited to direct conversation or correspondence with the official or department specifically designated to receive such information; Ordinance/Regulation of Lobbying Activities Page 5 of 13 (6) Persons providing oral or written information pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request provided that the request and response thereto are public records available for public review; (7) Designated representatives of a recognized employee organization whose activities are limited to communicating with city officials or their representatives regarding (i) wages, hours and other terms or conditions of employment, or (ii) the administration, implementation or interpretation of an existing employment agreement; (8) Persons who are professionally licensed by a state licensing organization pursuant to the California Business & Professions Code, including, but not limited to, attorneys, architects and engineers; provided however, the exemption for attorneys shall only be applicable if the attorney is engaged in the practice of law with respect to the subject of the employment; (9) Board members or employees of nonprofit 501(c)(3) corporations , unless the non-profit organization is lobbying for a specific project, issue or person for which the organization has received compensation or a contribution to lobby for or against a specific project, issue or person; or,
(10) Members of neighborhood associations.
(1) "Organization " means any person that is not an individual. (m) "Person" means any individual, domestic or foreign corporation, for-profit or nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint- stock company, partnership of any kind, limited liability company, common-law trnst, society, or any other group of persons acting in conceli .

Ordinance/Re gulation of Lobbying Activities Page 6 of 13

2.155.030 Registration.

Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a lobbyist under Section 2.155.020. Should a lobbyist have a change to its registration infonnation , including, but not limited to, the legislative or administrative action for the City as to which the lobbyist has been engaged, after the annual registration period , such lobbyist shall file an amended registration with the City Clerk within fifteen (15) days of such change with the changed information.

2.155.040 Annual registration renewal.

A lobbyist shall renew his or her registration by January 15 of each year unless he or she has tenninated their status as a lobbyist pursuant to Section 2.155.050, by such date.

2.155.050 Termination of lobbyist status.

After initial registration , annual registration renewal will not be required if a declaration attesting to the te1mination oflobbying services within the City has been filed with the City Clerk no later than January 15.

2.155 .060 Active status.

All registrations, renewa ls and terminations will be deemed filed on the date received by the City Clerk. A lobbyist shall be deemed active for the duration of the year of registration ending December 31, unless a declaration attesting to te1mination of lobbying services within the City is filed.

2.155.070 Registration fees.

Persons subject to the registration requirements of this ordinance shall pay an annual fee set by resolution of the City Council. Persons registering for the first time after June 30 of a given year shall pay a reduced registration fee set by resolution of the City Council.

Ordin ance/Regulation of Lobbying Activities Page 7 of 13 (a) The applicable registration fee is due at the time of registration or registration renewal. Payment will be deemed delinquent thereafter . Delinquency fees may be assessed as specified in subsection ( c) below , if payment occms after the due date. (b) In addition to the annual fee, each registrant shall pay a fee set by resolution of the City Council per client for whom lobbying is undertaken for compensation in excess of five hundred dollars ($500.00). The fees for clients as of the date ofinitial registration shall be submitted with the registration. The fees for subsequent clients shall be due and submitted within fifteen (15) days of such change with the changed information pursuant to Section 2.155.030. (c) A fine of twenty-five dollars ($25.00) per day for delinquent fees, up to a maximum of five hundred dollars ($500.00), will be assessed until in compliance with the registration provisions herein.

2.155.080 Required registration information.

The initial registration shall contain the name, business address, telephone , email addresses and, if applicable, business license of all persons required to register pursuant to this Chapter, including the names of all owners of sole proprietorships and paitnerships of fewer than ten (10) persons. If the registrant is a corporation, it shall also include the names of the president, secretary, chief financ ial officer, and agent for service of process, if any. Any busines s or organization registering under this act shall also briefly describe the nature of its business or organization and contact individual. In addition to this info1mation, the rep01t shall contain the following:
(a) Contract lobbyists. The name, business address, telephone number of each client, the nature of each client's business and the item(s) oflegislative or administrative action the lobbyist is seeking to influence on behalf of the client; and the name of each person employed or retained by the lobbyist to lobby on behalf of each client.

Ordinance/Regu lation of Lobbying Activities Page 8 of 13 (b) Business or organization lobbyists. The names of owners, officers or employees conducting lobbying activities and the item(s) oflegislative or administrative action the lobbyist is seeking to influence.
(c) Expenditure lobbyists. The item(s) of municipal legislative or adminish·ative action the lobbyist is seeking to influence.
( d) Payment received by the reporting lobbyist for services as a consultant or in any other capacity for services rendered to a City agency, any City official or any City official-elect or their controlled committees, any officeholder committee, or ballot measure committee. The dates of payment and name of each payer shall be included.
( e) The name, address, title and telephone number of the person responsible for preparing the repmt, together with that individual's signature attesting to the authority of the signatmy and the accuracy and truthfulness of the information submitted.

2.155.090 Semi-annual reports.

Semi-annual repotts for the prior six (6) month period are to be filed with the City Clerk on or before July 15 and January 15 of each year, whether or not any lobbying activities have occurred during such period. Electronic repmting may also be pe1mitted by the City Clerk. Each semi-annual repmt shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that period. If a lobbyist has terminated all lobbying activities during such period, the lobbyist may file a declaration of termination with the semi-annual report. The final semi-annual repmt shall include disclosure of any lobbying activities during the period of te1mination.

Ordinance/Regulation of Lobbying Activities Page 9 of 13

2.155.100 Records retention.

All information, reports and statements required to be filed under the provisions of this chapter shall be compiled and preserved by the City pursuant to the City's records retention schedule and shall be open to public inspection. Copies of the records pe1iaining to the above-required reports shall be preserved by the lobbyist for inspection and audit for a period of four ( 4) years from date of production.

2.155.110 Lobbyist identification.

When appearing in a lobbying capacity at any meeting with a city official or at a public meeting of the City Council or any other city board, commission or hearing, a contract lobbyist shall identify himself/herself and the client(s) on whose behalf he/she is appearing, and a business or organization lobbyist shall identify himself/herself and the business or organization he/she represents.

2.155.120 Prohibitions.

It shall be unlawful for any lobbyist to commit any of the following acts:
(a) Umegistered Lobbying. Acting as a lobbyist in the City without having registered in compliance with this chapter, or lmowingly to employ a person or entity to serve as a lobbyist when such person is not registered pursuant to this chapter. (b) Unauthorized Communications. Sending or causing any communication to be sent to any City official in the name of any nonexistent person or in the name of an existing person without the express or implied consent of such person.
( c) Indirect Violations. Attempting to evade the requirements of this chapter through indirect effo1is or through the use of agents, associates, intermediaries or employees.

Ordinance/Regulation of Lobbying Activities Page 10 of 13 ( d) Creation of Obligations. Perfmming or sponsoring any act with the purpose and intent of placing any City official lmder personal obligation to the lobbyist. (e) Contingent Compensation. Compensation for lobbying activity when the compensation is directly dependent on the result oflegislative or administrative action(s) that are the subject of the lobbying activity.

2.155.130 Gifts.

It shall be unlawful for any lobbyist to deliver or cause to be delivered any gift to any City official, and for any City official to accept any gift from a lobbyist.

2.155.140 Enforcement.

Persons or entities that knowingly violate this chapter may be subject to penalties as set fmih in SCCC 1.05.070 .

2.155.150 Injunction.

The City Attorney may seek injun ctive relief in the comis to enjoin violations of or to compel compliance with the provisions of this chapter.

2.155.160 Practice restrictions.

No person convicted of a violation of this chapter may act as a lobbyist or otherwise attempt to influence municipal legislation for compensation for one (1) year after such conviction.

2.155.170 Exemptions.

Any person who in good faith and on reasonable grounds believes that he or she is not required to comply with the provisions of SCCC 2.155.030 by reason of his or her being exempt under SCCC 2.155.020(k) shall not be deemed to have violated the provisions ofSCCC 2.155.030 if, within fifteen (15) days after notice from the City, he or she either complies or furnishes satisfactmy evidence to the City that he or she is exempt from registration." Ordinance/Regulation of Lobbying Activities Page 11 of 13 SECTION 2: Savings clause. The changes provided for in this ordinance shall not affect any offense or act comm itted or done or any penalty or forfeiture incurred or any right estab lished or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance . All fee schedules shall remain in force until superseded by the fee schedu les adopted by the City Council.

SECTION 3: Const itutionality, sev~rability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held by a comt of competent jmisdiction to be unconstitutional or invalid for any reason , such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section , subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s) , subsection(s) , sentence(s),dause(s), phrase(s), or word(s) be declared invalid.

I I I I I I

I I I I I I
Ordinance/Regulation of Lobbying Activities Page 12 of 13 SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California. " PASSED FOR THE PURPOSE OF PUBLICATION this 15th day of December 2015, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Caserta, Davis, Gillmor, Kolstad, Marsalli and O'Neill
and Mayor Matthews
None
None
None
ATTEST:

ROD DIRIDON, JR.

CITY CLERK

CITY OF SANTA CLARA

FINALLY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA this 12th day of Janumy 2016, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference: None
l:\ORD INANCES\ Lobbying Ordinance 12-21-15.doc
Ordinance/Re gulation of Lobbying Activities
Case1ta, Davis, Gillmor, Kolstad, Mm·salli and
O'Neill and Mayor Matthews
None
None
None
ATTEST:

ROD DIRIDON , JR.

CITY CLER!(

CITY OF SANTA CLARA

Page 13 of 13 ends

ORDINANCE NO. 1950

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, ADDING CHAPTER 2.160 ("CALENDARS OF
CERTAIN CITY OFFICIALS") TO TITLE 2
("ADMINISTRATION AND PERSONNEL") OF "THE CODE
OF THE CITY OF SANTA CLARA, CALIFORNIA"
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, Government's duty is to serve the public, reaching its decisions in full view of the public;
WHEREAS, the public benefits from being informed about meetings conducted by elected officials and executive management of the City; and,
WHEREAS, making the calendars of those City officials open to the public fosters greater transparency.

NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

SECTION 1: That Chapter 2.160 ("Calendars of Certain City Officials") of Title 2 ("Administration and Personnel") of"The Code of the City of Santa Clara, California" ("SCCC") is added to read as follows:
"Chapter 2.160

Ordinance /Ca lendars of Ce1tain City Officials Page 1 of 4 (b) The calendar shall include all scheduled non-internal city-related appointments, meetings, including regular and special City Council meetings, public events or speaking airnngernents, meetings with citizens , developers , union representatives , consultants, lobbyists, regional meetings and meetings of subcommittees or task forces ( collectively, "constituents"). The Mayor and Members of the City Council shall also include all non-scheduled city-related meetings or discussions with constituents.
( c) Each non-internal city-related appointment must include the following information:
name(s), title(s), and affiliated organization(s) and a general statement of the issues discussed. The following information shall be exempted :
(1) Personal appointments, including personal business appointments ; (2) Information protected by the attorney-client privilege; (3) Information about attorney work product ;
( 4) Info1mation about city staff recruitment;
(5) Information about a personnel issue ;
(6) Site specific information regarding corporate recruiting and retention; (7) Infmmation about criminal investigations and security; (8) Information about whistle blowers;
(9) Information about those who may fear retaliation;
( 10) Information about those seeking guidance regarding the City's campaign and election processes; and,
(11) Information that is otherwise prohibited from disclosure. (d) The calendars of the officials in subsection (a) shall be a public record subject to inspection during normal business hours. The Mayor, City Council Members , City Manager , City Ordinance/Calendars of Certain City Officials Page 2 of4 Clerk, Chief of Police and City Attorney shall publish their calendars to the City's website on the tenth business day of each month and shall reflect the schedules of the previous month. (e) A record of compliance with this Chapter by the City officials included in Section

2. l 60(a) shall be maintained, provided that violations of this Chapter shall not be a basis for any criminal prosecution or disciplinary action."
SECTION 2: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture inctmed or any right established or accruing before the effective date of this ordinance; nor ~hall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 3: Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held by a comi of competent jurisdiction to be unconstitutional or invalid for any reason , such decision shall not affect the validity of the remaining p01iions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase, and word thereof, iffespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid .

Ordinance /Calendars of Ce1tain City Officials Page 3 of4 SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however , prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California ." PASSED FOR THE PURPOSE OF PUBLICATION this 15th day of December 2015, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

COUNCILORS: Case1ia, Davis, Gillmor, Kolstad, Marsalli and O'Neill and Mayor Matthews
COUNCILORS: None
COUNCILORS: . None
COUNCILORS: None
ATTEST:

ROD DIRIDON , JR.

CITY CLERK

CITY OF SANTA CLARA

FINALLY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA this lih day of January 2016, by the following vote:

AYES: COUNCILORS:

NOES : COUNCILORS :

ABSENT : COUNCILORS :

ABSTAINED: COUNCILORS:

Attaclunents incorporated by reference : None
l:\ORDINAN CES\Calendars of Certain City Offi cials 12-21-15.doc Ordinance /Calendars of Ce1tain City Officials
Caserta , Davis, Gillmor , Kolstad , Marsalli and
O'Neill and Mayor Matthews
None
None
None
ATTEST:

ROD DIRIDON , JR.

CITY CLERK

CITY OF SANTA CLARA

Page 4 ends

City of Santa Clara
Meeting Minutes
Governance and Ethics Committee
3:00 PM Virtual Meeting06/07/2021

CALL TO ORDER AND ROLL CALL
Chair Gillmor called the meeting to order at 3:02 PM.

Lisa M. Gillmor, Raj Chahal, and Sudhanshu JainPresent 3 -

CONSENT CALENDAR

1. 21-470 Approval of the March 29, 2021 Governance and Ethics Committee Special Meeting Minutes
Recommendation: Approve the minutes of the March 29, 2021 Governance and Ethics Committee Special Meeting.

A motion was made by Member Jain, seconded by Member Chahal, to approve the March 29, 2021 special meeting minutes.

Aye: Gillmor, Chahal, and Jain3 -

PUBLIC PRESENTATIONS
Councilmember Park requested to address the Committee under Public Presentations.

City Attorney Doyle recommended deferring discussion to Council and Authorities Concurrent Meeting to avoid potential violation of the Brown Act.

GENERAL BUSINESS

Page 1 ends

06/07/2021Governance and Ethics Committee Meeting Minutes

2. 21-468 Discussion on Formalization of Citizen’s Advisory Committee Recommendation: Defer discussion on formalization of Citizen’s Advisory Committee to the 3rd quarter Governance and Ethics Committee meeting on September 20, 2021, due to lack of staff capacity to address this referral during budget development and COVID-19 reopening efforts.

City Manager Santana requested deferring this item September 20, 2021.

Public Speaker(s): Rob Jerdonek
A motion was made by Member Jain, seconded by Member Chahal, to defer this item to the September 20, 2021 Governance and Ethics Committee meeting.

Aye: Gillmor, Chahal, and Jain3 -

3. 21-469 Review of SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”) Recommendation: Provide direction on possible amendments to SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”).

City Attorney Doyle provided a Powerpoint presentation on the Lobbyist Ordinance and Calendering Ordinance.

City Clerk Haggag provided a verbal report.

Member questions and comments followed.

City Attorney Doyle, City Clerk Haggag and City Manager Santana addressed Member questions.

A motion was made by Member Jain, seconded by Member Chahal, to recommend to Council to (1) amend the Public Calender Ordinance to create different reporting standards between meetings with Lobbyists and Non-Lobbyists, (2) requiring Councilmembers and staff who required to comply with the Public Calendar Ordinance and registered Lobbyists to report on the topics discussed and what they were seeking, (3) City Manager to return on staffing resources, (4) change the frequency of the Lobbyist Ordinance reporting requirements to align with the Public Calendar Ordinance to require reporting to be on a monthly cadence, and (5) City Clerk to return with a standard reporting template.

Aye: Gillmor, Chahal, and Jain3 -

Page 2 ends

06/07/2021Governance and Ethics Committee Meeting Minutes

4. 21-487 Review, and Provide Direction to Staff, Regarding Proposed Purchasing Code Reforms For Possible Recommendation to City Council Recommendation: Accept the Code reforms summarized in this document and provide direction to staff to move forward with a revised Purchasing Code for consideration and approval by the City Council and Stadium Authority by the fourth quarter of calendar year 2021.

Director of Finance Lee, Purchasing Manager Giovannetti, City Attorney Doyle, and City Manager Santana gave a Powerpoint presentation.

Member questions and comments.

City Manager Santana addressed Member questions.

A motion was made by Member Jain, seconded by Member Chahal, to bring this item to August 17, 2021 Council Priority Setting Session.

Aye: Gillmor, Chahal, and Jain3 -

5. 21-455
Discussion and Direction Regarding Adjusting the Start Time for Council, Stadium Authority and Closed Session Meetings
Recommendation: Staff recommends:
(1) Beginning Public City Council meetings at 6:00 p.m. (2) Setting a stop time of Public City Council meetings at 11:00 p.m. (3) Working on City Council meeting protocols for improved management and protocols to ensure that the City’s business is prioritized and addressed in a timely manner
(4) Presenting streamlining opportunities to reduce cost of routine City business and ensure a higher level of efficiency with how routine or

ministerial items are handled
(5) Holding Closed Session meetings on off Council meeting days, when needed
City Manager Santana gave a Powerpoint presentation.

Member questions and comments followed.

City Manager Santana, Assistant City Clerk Pimentel, and City Attorney Doyle addressed Member questions.

This item was referred to Council Priority Setting Session August 17, 2021.

Page 3 ends

06/07/2021Governance and Ethics Committee Meeting Minutes

6. 21-622 Review the Task Force on Diversity, Equity, and Inclusion’s Recommended Amendments to Council Policy 035 - Naming of Facilities Recommendation: Provide input on the Task Force on Diversity, Equity, and Inclusion’s recommended amendments to Council Policy 035.

Chair Gillmor requested to defer this item to the next Governance and Ethics Committee meeting.

A motion was made by Member Chahal, seconded by Member Jain, to continue this item to the next Governance and Ethics Committee Meeting.

Aye: Gillmor, Chahal, and Jain3 -

STAFF REPORT
None.

COMMITTEE MEMBERS REPORT
Member Jain inquired regarding adding the following items to the Governance and Ethics Committee Meeting:
- Email Retention Times
- Eligibility List for Board/Commissions appointments
- Charter Review to consider changing from an elected to appointed Chief of Police and City Clerk
Member comments followed.

City Manager Santana and City Attorney Doyle addressed Member questions.

ADJOURNMENT
The meeting was adjourned at 6:16 PM.

A motion was made by Member Chahal, seconded by Member Jain, to adjourn the meeting.

Aye: Gillmor, Chahal, and Jain3 -

Page 4 ends

Ordinance/Regulation of Lobbying Activities and Calendaring Page 1 of 12 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA ,
CALIFORNIA, AMENDING SECTION 2 .155.090 (SEMI -
ANNUAL REPORTS) AND CHAPTER 2.160 (“CALENDARS
OF CERTAIN CITY OFF ICIALS”) TO TITLE 2
(“ADMINISTRATION AND PERSONNEL”) OF “THE CODE
OF THE CITY OF SANTA CLARA, CALIFORNIA”

BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the citizens of Santa Clara have a right to know the identity of interests which attempt to influence decisions of City government, as well as the means employed by those interests; WHEREAS, complete public disclosure of the full range of activities by and financing of lobbyists and those who employ their services is essential to the maintenance of citizen confidence in the integrity of City government;
WHEREAS, it is in t he public interest to ensure that lobbyists do n ot misrepresent facts , their positions or attempt to deceive a City official through false communications; do not place a City official under personal obligation to themselves or their clients; and do not represent that they can control the actions of any City official; and,
WHEREAS, it is in the public interest to adopt these amendments to ensure adequate and effective disclosure of information about efforts to lobby City government.

NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

SECTION 1: That Section 2.155.090 (“Semi-annual Reports”) of Chapter 2.155 (“Regulation of Lobbyist Activities”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California” (“SCCC”) is amended to read as follows:

2.155.090 Monthly reports.

Ordinance/Regulation of Lobbying Activities and Calendaring Page 2 of 12 Monthly reports for the preceding month are to be filed with the City Clerk on or before 15th of each month, whether or not any lobbying activities have occurred during such period. Electronic reporting may also be permitted by the City Clerk. Each monthly report shall contain the same information as required to be disclosed in the initial registration, and specify the topics discussed and the requests made by the lobb yist, for those activities occur ring in that period. If a lobbyist has terminated all l obbying activities during such period , the lobbyist may file a declaration of termination with the monthly report. The final monthly report shall include disclosure of any lobbying activities during the period of termination.

SECTION 2: That Chapter 2.160 (“Calendars of Certain City Officials”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California” (“SCCC”) is amended to read as follows:
“Chapter 2.160

CALENDARS OF CERTAIN CITY OFFICIALS
(a) The Mayor, Members of the City Council, Chief of Police, City Clerk, City Manager, City Attorney, Assistant City Manager(s), Deputy City Manager(s), City Department Heads and any additional persons in management positions that are considered part of the cit y’s executive management team shall maintain a monthly city calendar. (b) The ca lendar shall include all scheduled non -internal city-related appointments, meetings, including regular and special City Council meetings, public events or speaking arrangements, meetings with citizens, developers, union representatives, consultants, lobbyi sts, regional meetings and meetings of subcommittees or task forces (collectively, “constituents”). The Mayor and Members of the City Council shall also include all non-scheduled city-related meetings or discussions with constituents.

Ordinance/Regulation of Lobbying Activities and Calendaring Page 3 of 12 (c) Each non-internal city-related appointment must include the following information:
name(s), title(s), and affiliated organization(s) and a general statement of the issues discussed. For each non-internal city-related appointment that includes a lobbyist, as defined in Chapter 2.155, the calendar must specify the topics discussed and the requests made by the lobbyist. The following information shall be exempted:
(1) Personal appointments, including personal business appointments; (2) Information protected by the attorney-client privilege; (3) Information about attorney work product;
(4) Information about city staff recruitment;
(5) Information about a personnel issue;
(6) Site specific information regarding corporate recruiting and retention; (7) Information about criminal investigations and security; (8) Information about whistle blowers;
(9) Information about those who may fear retaliation;
(10) Information about those seeking guidance regarding the City’s campaign and election processes; and,
(11) Information that is otherwise prohibited from disclosure. (d) The calendars of the officials in subsection (a) shall be a public record subject to inspection during normal business hours. The Mayor, City Council Members, City Manager, City Clerk, Chief of Police and City Attorney shall publish their calendars to the City’s website on the tenth business day of each month and shall reflect the schedules of the previous month.

Ordinance/Regulation of Lobbying Activities and Calendaring Page 4 of 12 (e) A record of compliance with this Chapter by the City officials included in Section

2.160(a) shall be maintained, provided that violations of this Chapter shall not be a basis for any criminal prosecution or disciplinary action.”
SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution , suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 4: Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

SECTION 5: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.” PASSED FOR THE PURPOSE OF PUBLICATION this _____ day of _________, 2024, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Ordinance/Regulation of Lobbying Activities and Calendaring Page 5 of 12

Attachments incorporated by reference: None
I:\ORDINANCES\Lobbying Ordinance 12-21-15.doc
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-444 Agenda Date: 6/3/2024

REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
Referral to Discuss Possible Revisions to the Placement of Public Presentations on the City Council Meeting Agenda

BACKGROUND
At the February 6, 2024 City Council meeting, Councilmember Kevin Park requested consideration for changing where public presentations appears on the agenda, including the process involved. Staff has brought forth this item as it was referred to the Governance and Ethics Committee for review.

As a note, this item was included in the list of Council referral items presented to the City Council at the City Council Priority Setting sessions held on March 25, 2024 and April 3, 2024 The City Council deliberated on the many projects and initiatives presented and did not prioritize this item as one for further action.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

COORDINATION
This report was coordinated with the City Manager’s Office and the City Attorney’s Office.

RECOMMENDATION
Take such action as the Committee deems appropriate.

Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Printed on 5/31/2024Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-583 Agenda Date: 6/3/2024

REPORT TO GOVERNANCE AND ETHICS COMMITTEE

SUBJECT
Review and Action on Updated 2024 Governance and Ethics Workplan

BACKGROUND
At the March 4, 2024 Governance and Ethics Committee meeting, the Committee reviewed the proposed annual workplan to prioritize for the calendar year. During this meeting, the Committee brought forth additional items for consideration for the workplan. Staff has provided an updated workplan with additional items for consideration.

DISCUSSION
The following list includes workplan items for the remainder of the calendar year for the 2024 Governance and Ethics Committee workplan. Additional workplan items were brought forth by Committee members for consideration at the March 4, 2024 meeting. Staff requests Committee approval and input on the revised workplan (Attachment 1) and consideration of the additional workplan items.

June 3, 2024:

1. Review Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) and Council Policy 009 (“City Representation at Meetings, Ceremonies, and Special Events”)

2. Review Council Policy 049 (“Community Grant Policy”)

3. Update on Review of SCSC Chapter 2.155 (“Regulation of Lobbying Activities”) and SCSC Chapter 2.160 (“Calendars of Certain City Officials”) (This item will return at future Committee meeting with a staff report)

4. Review Meeting Management Protocols and Rosenberg Rules of Orders and Provide Direction to Staff

5. Referral to Discuss Possible Revisions to the Placement of Public Presentations on the City Council Meeting Agenda

6. Review and Action on Updated 2024 Governance and Ethics Committee Workplan September 16, 2024:

1. Informational Report on Ethics Documents Review

2. Informational Report on Options for Text Message Retention (Referred from 3/4/24 Committee meeting)

3. Informational Report on Commissions, Boards, Committees Recruitment Selection Process December 2, 2024:

1. Review Council Policy 043 (“Official Travel for Elected Officials”) & Council Policy 006 (“Commissioner Travel”)
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24-583 Agenda Date: 6/3/2024
Additional Workplan Items for Consideration:

Committee members brought forth the following items for consideration for the workplan. The suggested tentative meeting dates were included if approved by the Committee.

1. Review and Discuss City Council District Communications Options (9/16/24)

2. Review and Discussion on Policy Limiting Resolutions on Matters Outside of City Council Jurisdiction (12/2/24)

3. Discuss Potential Ordinance on Prohibiting Campaign Contributions from Foreign Influenced Business Entities (12/2/24)

4. Consideration of Provision for Healthcare for City Councilmembers after Leaving Office (12/2/24)

5. Tracking of District-Level Services and Spending Per District (12/2/24)

6. Review of Council Policy 050 (“Gifts to Elected and Appointed Officials”) (12/2/24)

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 a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

COORDINATION
This report was coordinated by the City Manager’s Office.

RECOMMENDATION
Approve the 2024 Governance and Ethics Committee Workplan with any additional amendments Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office Approved by: Jovan Grogan, City Manager|

ATTACHMENTS

1. 2024 Governance and Ethics Workplan
City of Santa Clara Printed on 5/31/2024Page 2 of 2
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2024 GOVERNANCE AND ETHICS COMMITTEE WORKPLAN

Note: Dates below are targeted and may change.

Page 1 ends

Origin Item Description Department
Assigned
Governance and
Ethics Committee
City Council Meeting

1. 12/5/22 Email Retention Policy for City
Councilmembers from 90 days to 2 years
CMO / ITD 12/4/23, 3/4/24 5/28/24 (approved)

2. 2023
Workplan
Review and Action on Council Policy 020
(“Proclamations, Commendations and
Certificates of Recognition”) and Council Policy
009 (“City Representation at Meetings,
Ceremonies, and Special Events”)
CMO 6/3/24 6/25/24

3. 2024
Workplan
Review Council Policy 049 (“Community Grant
Policy”)
CMO 6/3/24 6/25/24

4. Referred from
June 7, 2021
meeting
Update on Review of SCSC Chapter 2.155
(“Regulation of Lobbying Activities”) and SCSC
Chapter 2.160 (“Calendars of Certain City
Officials”)
CAO / CCO 3/4/24, 6/3/24 TBD

5. 12/4/23 Review Meeting Management Protocols and
Rosenberg Rules of Order and Provide
Direction to Staff
CAO 12/4/23, 6/3/24 TBD

6. Referred from
2/6/24 City
Council
meeting
Referral to Discuss Possible Revisions to the
Placement of Public Presentations on the City
Council Meeting Agenda
CMO 6/3/24 TBD

7. Referred from
7/11/23 City
Council
meeting
Informational Report on Ethics Documents
Review
CMO 9/16/24 TBD

8. 3/4/24 Informational Report on Options for Text
Message Retention (Referral from 3/4/24
Email Retention Policy discussion)
CMO / ITD 3/4/24, 9/16/24 TBD

9. 12/5/22 Informational Report on Commissions, Boards, Committees Recruitment Selection Process
CCO 9/16/24 TBD
2024 GOVERNANCE AND ETHICS COMMITTEE WORKPLAN

Note: Dates below are targeted and may change.

Page 2 ends

Origin Item Description Department
Assigned
Governance and
Ethics Committee
City Council Meeting

10. 2024
Workplan
Review Council Policy 043 (“Official Travel for
Elected Officials”) & Council Policy 006
(“Commissioner Travel”)
CMO 12/2/24 12/17/24

ADDITIONAL ITEMS FOR CONSIDERATION FOR THE WORKPLAN
Referred from March 4, 2024 Committee meeting (Dates Tentative)

Origin Item Description Department
Assigned
Governance and
Ethics Committee
City Council Meeting

1. 9/16/24 Review and Discuss City Council District
Communications Options
CMO 9/16/24 TBD

2. 3/4/24 Review and Discussion on Policy Limiting
Resolutions on Matters Outside of City Council
Jurisdiction
CMO / CAO 12/2/24 TBD

3. 3/4/24 Discuss potential ordinance Prohibiting
Campaign Contributions from Foreign
Influenced Business Entities
CMO / CAO 12/2/24 TBD

4. 3/4/24 Consideration of the Provision for Healthcare for City Councilmembers
CMO / HR 12/2/24 TBD

5. 3/4/24 Tracking of District-Level Services and
Spending Per District
CMO /
Finance
12/2/24 TBD

6. CAO Review of Council Policy 050 (“Gifts to Elected and Appointed Officials”)
CMO / CAO 12/2/24 TBD

Governance and Ethics CommitteeJune 3, 2024

Governance and Ethics Committee
June 3, 2024