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File #: 21-972    Version: 1 Name:
Type: Special Order of Business Status: Agenda Ready
File created: 7/7/2021 In control: Council and Authorities Concurrent Meeting
On agenda: 7/13/2021 Final action:
Title: Per City Council Policy 042: Reconsideration of Council Action-Reconsideration of Council action taken at the June 22, 2021 City Council meeting regarding Council's action to take no action and not to place an item on a future agenda for the request submitted by Robert Mezzetti, under Council Policy 030: Adding An Item to the Agenda, requesting "discussion on Amendment No. 3 to the Exclusive Negotiation Agreement by and between the City, VTA and Republic Metropolitan LLC for a project located at 500 S. Benton Street (APN 230-08-061 and 230-08-078)."
Attachments: 1. Council Policy 042 - Reconsideration of Council Action, 2. Petition from Robert Mezzetti, 3. Transcript of Kelly Macy Testimony – July 6, 2021, 4. June 22, 2021 Staff Report on Written Petition, 5. Email Follow Up Request, 6. July 14, 2020 Report to Council, 7. November 12, 2020 Letter to Bob Mendelsohn, 8. POST MEETING MATERIAL, 9. eComment
REPORT TO COUNCIL
SUBJECT
Title
Per City Council Policy 042: Reconsideration of Council Action-Reconsideration of Council action taken at the June 22, 2021 City Council meeting regarding Council's action to take no action and not to place an item on a future agenda for the request submitted by Robert Mezzetti, under Council Policy 030: Adding An Item to the Agenda, requesting "discussion on Amendment No. 3 to the Exclusive Negotiation Agreement by and between the City, VTA and Republic Metropolitan LLC for a project located at 500 S. Benton Street (APN 230-08-061 and 230-08-078)."

Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On July 6, 2021, Kelly Macy, Vice President of Republic Metropolitan requested reconsideration of the June 22, 2021 Council vote to take no action on the Robert Mezzetti petition regarding 500 S. Benton. After discussion, Council voted to place Ms. Macy's request for reconsideration on the July 13, 2021 Council agenda. The City Attorney then read into the record the requirements for reconsideration of a Council action. Per City Council Policy 042, RECONSIDERATION OF COUNCIL ACTION (Attachment 1), the July 13, 2021 reconsideration is restricted as follows:

Upon approval of a motion to reconsider, and at such time as the matter is heard, the City Council shall only consider any new evidence or facts not presented previously with regard to the item or a claim of error in applying the facts.

As background, the written petition submitted by Robert Mezzetti (Attachment 2) and staff report (RTC# 21-851) (Attachment 3) provided the evidence and facts which led to the Council action to take no action and not add it to a further Council agenda. Under the Council's Policy, the new evidence or facts that were previously not presented are based on Ms. Kelly Macy's statement:

Republic Metropolitan has been working diligently on the 500 Benton Street project in good faith with the City of Santa Clara, the VTA and the...

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