REPORT TO COUNCIL
SUBJECT
Title
Consideration of Written Petition submitted by William Eserini regarding Use of City Property for Political Campaign Purposes
Report
BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.
DISCUSSION
The City Clerk’s and various other Offices received a letter from William Eserini on September 21, 2018 (Attachment 2) requesting to have the issues identified in the letter to be placed on the Council agenda for the next Council meeting. Following Council Policy 030, staff is treating this request as a Written Petition for the purpose of placing the item on the Council Agenda for Council consideration.
The City Attorney has issued a legal memorandum (Attachment 3) on September 25, 2018 indicating that the allegations in the letter are not enforceable violations of the law.
FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except staff time and expense.
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)(4) in that it is a fiscal activity that does not involve commitment to a specific project which may result in potential significant impact on the environment.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
There is no staff recommendation for this issue as the petitioner’s issues have been addressed.
Staff
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Letter from William Eserini received on September 21, 2018
2. Legal Memorandum from City Attorney regarding Free Speech Rights on City Property dated September 25, 2018
3. Policy and Procedure 030 - Adding an Item on the Agenda