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HomeMy WebLinkAbout2023-04-24 City Council Agenda PacketCITY COUNCIL Special Meeting Monday, April 24, 2023 Council Chambers & Hybrid 5:00 PM Palo Alto City Council meetings will be held as “hybrid” meetings with the option to attend by teleconference/video conference or in person. To maximize public safety while still maintaining transparency and public access, members of the public can choose to participate from home or attend in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. Masks are strongly encouraged if attending in person. The m e e t i n g   w i l l   b e   b r o a d c a s t   o n   C a b l e   T V   C h a n n e l   2 6 ,   l i v e   o n YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org. VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)    Meeting ID: 362 027 238    Phone:1(669)900‐6833 PUBLIC COMMENTS Public comments will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. All requests to speak will be taken until 5 minutes after the staff’s presentation. Written public comments can be submitted in advance to city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection on the City’s website. Please clearly indicate which agenda item you are referencing in your subject line. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received, the  Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB’s or other physical electronic storage devices are not accepted. TIME ESTIMATES Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. CALL TO ORDER SPECIAL ORDER OF THE DAY (5:00 ‐7:40 PM) 1.Interview for Openings on the Human Relations Commission and Parks and Recreation Commission ACTION ITEM 7:40‐8:00 PM 2.Adoption of a Resolution to Appoint Adriane D. McCoy of Baker Tilly US, LLP as City Auditor (Resolution added) STUDY SESSION (8:00‐9:00 PM) 3.Study Session: Safe Routes to School Annual Report for 2021‐2022; CEQA status – not a project. Public Comments AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT 9:00‐9:20 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. CONSENT CALENDAR 9:20‐9:25 PM Items will be voted in one motion unless removed from the calendar by three Council Members. 4.Adoption of a Resolution of Intent to Not Levy Assessments for the Palo Alto Downtown Business Improvement District (BID) in FY 2024 and Setting a Public Hearing for May 15, 2023; CEQA status – not a project. 5.Approval of Minutes from April 10, 2023 Meeting CITY MANAGER COMMENTS 9:25‐9:40PM ACTION ITEMS 9:40‐10:30PM 6.Review and Adoption of the Council Procedures and Protocols Handbook – Including Changes Directed by Council on January 30 and March 20, 2023 Public Comment COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS Members of the public may not speak to the item(s). ADJOURNMENT OTHER INFORMATION PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  1 Special Meeting April 24, 2023 Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org. CITY COUNCILSpecial MeetingMonday, April 24, 2023Council Chambers & Hybrid5:00 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference/video conference or in person. To maximize public safety while still maintainingtransparency and public access, members of the public can choose to participate from home orattend in person. Information on how the public may observe and participate in the meeting islocated at the end of the agenda. Masks are strongly encouraged if attending in person. Them e e t i n g   w i l l   b e   b r o a d c a s t   o n   C a b l e   T V   C h a n n e l   2 6 ,   l i v e   o nYouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen MediaCenter https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)   Meeting ID: 362 027 238    Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the  Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public. CALL TO ORDER SPECIAL ORDER OF THE DAY (5:00 ‐7:40 PM) 1.Interview for Openings on the Human Relations Commission and Parks and Recreation Commission ACTION ITEM 7:40‐8:00 PM 2.Adoption of a Resolution to Appoint Adriane D. McCoy of Baker Tilly US, LLP as City Auditor (Resolution added) STUDY SESSION (8:00‐9:00 PM) 3.Study Session: Safe Routes to School Annual Report for 2021‐2022; CEQA status – not a project. Public Comments AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT 9:00‐9:20 PM Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of Oral Communications period to 30 minutes. CONSENT CALENDAR 9:20‐9:25 PM Items will be voted in one motion unless removed from the calendar by three Council Members. 4.Adoption of a Resolution of Intent to Not Levy Assessments for the Palo Alto Downtown Business Improvement District (BID) in FY 2024 and Setting a Public Hearing for May 15, 2023; CEQA status – not a project. 5.Approval of Minutes from April 10, 2023 Meeting CITY MANAGER COMMENTS 9:25‐9:40PM ACTION ITEMS 9:40‐10:30PM 6.Review and Adoption of the Council Procedures and Protocols Handbook – Including Changes Directed by Council on January 30 and March 20, 2023 Public Comment COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS Members of the public may not speak to the item(s). ADJOURNMENT OTHER INFORMATION PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  2 Special Meeting April 24, 2023 Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org. CITY COUNCILSpecial MeetingMonday, April 24, 2023Council Chambers & Hybrid5:00 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference/video conference or in person. To maximize public safety while still maintainingtransparency and public access, members of the public can choose to participate from home orattend in person. Information on how the public may observe and participate in the meeting islocated at the end of the agenda. Masks are strongly encouraged if attending in person. Them e e t i n g   w i l l   b e   b r o a d c a s t   o n   C a b l e   T V   C h a n n e l   2 6 ,   l i v e   o nYouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen MediaCenter https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)   Meeting ID: 362 027 238    Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the  Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDER OF THE DAY (5:00 ‐7:40 PM)1.Interview for Openings on the Human Relations Commission and Parks and RecreationCommissionACTION ITEM 7:40‐8:00 PM2.Adoption of a Resolution to Appoint Adriane D. McCoy of Baker Tilly US, LLP as CityAuditor (Resolution added)STUDY SESSION (8:00‐9:00 PM)3.Study Session: Safe Routes to School Annual Report for 2021‐2022; CEQA status – not aproject. Public CommentsAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT 9:00‐9:20 PMMembers of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.CONSENT CALENDAR 9:20‐9:25 PMItems will be voted in one motion unless removed from the calendar by three Council Members.4.Adoption of a Resolution of Intent to Not Levy Assessments for the Palo Alto DowntownBusiness Improvement District (BID) in FY 2024 and Setting a Public Hearing for May 15,2023; CEQA status – not a project.5.Approval of Minutes from April 10, 2023 MeetingCITY MANAGER COMMENTS 9:25‐9:40PMACTION ITEMS 9:40‐10:30PM6.Review and Adoption of the Council Procedures and Protocols Handbook – IncludingChanges Directed by Council on January 30 and March 20, 2023 Public Comment COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS Members of the public may not speak to the item(s). ADJOURNMENT OTHER INFORMATION PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom‐based meeting. Please read the following instructions carefully. You may download the Zoom client or connect to the meeting in‐ browser. If using your browser, make sure you are using a current, up‐to‐date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  3 Special Meeting April 24, 2023 Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org. CITY COUNCILSpecial MeetingMonday, April 24, 2023Council Chambers & Hybrid5:00 PMPalo Alto City Council meetings will be held as “hybrid” meetings with the option to attend byteleconference/video conference or in person. To maximize public safety while still maintainingtransparency and public access, members of the public can choose to participate from home orattend in person. Information on how the public may observe and participate in the meeting islocated at the end of the agenda. Masks are strongly encouraged if attending in person. Them e e t i n g   w i l l   b e   b r o a d c a s t   o n   C a b l e   T V   C h a n n e l   2 6 ,   l i v e   o nYouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen MediaCenter https://midpenmedia.org.VIRTUAL PARTICIPATION CLICK HERE TO JOIN   (https://cityofpaloalto.zoom.us/j/362027238)   Meeting ID: 362 027 238    Phone:1(669)900‐6833PUBLIC COMMENTSPublic comments will be accepted both in person and via Zoom for up to three minutes or anamount of time determined by the Chair. All requests to speak will be taken until 5 minutesafter the staff’s presentation. Written public comments can be submitted in advance tocity.council@CityofPaloAlto.org and will be provided to the Council and available for inspectionon the City’s website. Please clearly indicate which agenda item you are referencing in yoursubject line.PowerPoints, videos, or other media to be presented during public comment are accepted onlyby email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received,the  Clerk will have them shared at public comment for the specified item. To uphold strongcybersecurity management practices, USB’s or other physical electronic storage devices are notaccepted.TIME ESTIMATESListed times are estimates only and are subject to change at any time, including while themeeting is in progress. The Council reserves the right to use more or less time on any item, tochange the order of items and/or to continue items to another meeting. Particular items may beheard before or after the time estimated on the agenda. This may occur in order to best managethe time at a meeting or to adapt to the participation of the public.CALL TO ORDERSPECIAL ORDER OF THE DAY (5:00 ‐7:40 PM)1.Interview for Openings on the Human Relations Commission and Parks and RecreationCommissionACTION ITEM 7:40‐8:00 PM2.Adoption of a Resolution to Appoint Adriane D. McCoy of Baker Tilly US, LLP as CityAuditor (Resolution added)STUDY SESSION (8:00‐9:00 PM)3.Study Session: Safe Routes to School Annual Report for 2021‐2022; CEQA status – not aproject. Public CommentsAGENDA CHANGES, ADDITIONS AND DELETIONSPUBLIC COMMENT 9:00‐9:20 PMMembers of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of OralCommunications period to 30 minutes.CONSENT CALENDAR 9:20‐9:25 PMItems will be voted in one motion unless removed from the calendar by three Council Members.4.Adoption of a Resolution of Intent to Not Levy Assessments for the Palo Alto DowntownBusiness Improvement District (BID) in FY 2024 and Setting a Public Hearing for May 15,2023; CEQA status – not a project.5.Approval of Minutes from April 10, 2023 MeetingCITY MANAGER COMMENTS 9:25‐9:40PMACTION ITEMS 9:40‐10:30PM6.Review and Adoption of the Council Procedures and Protocols Handbook – IncludingChanges Directed by Council on January 30 and March 20, 2023 Public CommentCOUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTSMembers of the public may not speak to the item(s).ADJOURNMENTOTHER INFORMATIONPUBLIC COMMENT INSTRUCTIONSMembers of the Public may provide public comments to teleconference meetings via email,teleconference, or by phone.1. Written public comments may be submitted by email to city.council@cityofpaloalto.org.2. For in person public comments please complete a speaker request card located on thetable at the entrance to the Council Chambers and deliver it to the Clerk prior todiscussion of the item.3. Spoken public comments using a computer or smart phone will be accepted throughthe teleconference meeting. To address the Council, click on the link below to access aZoom‐based meeting. Please read the following instructions carefully.You may download the Zoom client or connect to the meeting in‐ browser. If usingyour browser, make sure you are using a current, up‐to‐date browser: Chrome 30 ,Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled inolder browsers including Internet Explorer. Or download the Zoom application ontoyour smart phone from the Apple App Store or Google Play Store and enter in theMeeting ID below.You may be asked to enter an email address and name. We request that youidentify yourself by name as this will be visible online and will be used to notify youthat it is your turn to speak.When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk willactivate and unmute speakers in turn. Speakers will be notified shortly before theyare called to speak.When called, please limit your remarks to the time limit allotted. A timer will beshown on the computer to help keep track of your comments.4. Spoken public comments using a phone use the telephone number listed below. Whenyou wish to speak on an agenda item hit *9 on your phone so we know that you wish tospeak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN    Meeting ID: 362‐027‐238   Phone: 1‐669‐900‐6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City’s ADA Coordinator at (650) 329‐2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service.  4 Special Meeting April 24, 2023 Materials submitted after distribution are available for public inspection at www.CityofPaloAlto.org. City Council Staff Report Report Type: SPECIAL ORDER OF THE DAY Lead Department: City Clerk Meeting Date: April 24, 2023 Report #: 2304-1288 TITLE Interview for Openings on the Human Relations Commission and Parks and Recreation Commission DISCUSSION The City Council directed that 5 candidates for the Human Relations Commission and 11 candidates for the Parks and Recreation Commission be scheduled for interviews. The interview schedule will be as follows: Human Relations Commission 5:00 PM Katie Causey Zoom 5:10 PM Miles Goodman In-person 5:20 PM Mary Kate Stimmler In-person 5:30 PM Amy Hsieh In-person 5:40 PM Daryl Savage (Incumbent)In-person Parks and Recreation Commission 5:50 PM Amanda Brown (Incumbent)In-person 6:00 PM Bing Wei In-person 6:10 PM Nanci Howe In-person 6:20 PM Yudy Deng In-person 6:30 PM Jeff LaMere (Incumbent)In-person Item 1 Item 1 Staff Report        Item 1: Staff Report Pg. 1  Packet Pg. 5 of 146  6:40 PM Laura Granka In-person 6:50 PM Star Teachout In-person 7:00 PM Adriana Flores-Ragade Zoom 7:10 PM Shani Kleinhaus (Incumbent)In-person 7:20 PM Sierra Peterson In-person 7:30 PM Joy Oche (Incumbent)In-person ATTACHMENTS None APPROVED BY: Lesley Milton, City Clerk Item 1 Item 1 Staff Report        Item 1: Staff Report Pg. 2  Packet Pg. 6 of 146  2 0 3 3 City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: City Clerk Meeting Date: April 24, 2023 Report #:2304-1295 TITLE Adoption of a Resolution to Appoint Adriane D. McCoy of Baker Tilly US, LLP as City Auditor RECOMMENDATION The Council Appointed Officers Committee recommends the City Council appoint Adriane D. McCoy, Certified Internal Auditor (CIA) of Baker Tilly US, LLP, as Palo Alto’s City Auditor BACKGROUND The Palo Alto Charter provides that the City Council appoint an Auditor who serves at the Council’s will. The Charter describes the Auditor’s key duties. (See Charter, Art. IV, sections 1 and 12). The City’s contract with Baker Tilly specifies the designation of City Auditor. On September 9, 2022, the City Council adopted a Resolution appointing Adriane D. McCoy of Baker Tilly US, LLP as the Interim City Auditor through January 31, 2023, and on January 23, 2023 this was extended through April 30, 2023. ANALYSIS On April 10, 2023, the Council Appointed Officers Committee met to discuss next steps in the appointment of the City Auditor. After discussion, the Committee voted unanimously to recommend appointment of Adriane D. McCoy to the position of City Auditor to serve at the Council’s will, as provided in the Charter, on an ongoing basis. The Committee further discussed and agreed that this matter be placed on the City Council action agenda to facilitate discussion by the full City Council. Adriane D. McCoy is a public sector services professional with more than 25 years of experience as a trusted business partner to staff and management, consulting on ways to strengthen and improve operations to reduce risk and improve process efficiencies. She is a Certified Internal Auditor (CIA), a Certified Government Auditing Professional (CGAP), and holds a Master of Science with a concentration in cyber security, network and infrastructure and Bachelor of Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 1  Packet Pg. 7 of 146  2 0 3 3 Science in operations management, accounting. She holds several other industry certifications and related training. The appointment of Adriane D. McCoy as City Auditor will begin immediately and end on the expiration of the agreement for outsourced internal auditing services between the City of Palo Alto and Baker Tilly US, LLP, including any amendment, extension or termination approved by the Council, or, consistent with at-will service, at the Council’s discretion at an earlier date as determined by Council. FISCAL/RESOURCE IMPACT There is no resource impact associated with this appointment. The BakerTilly contract is executed and budgeted in the FY 2023 Adopted Budget. STAKEHOLDER ENGAGEMENT This work has been based on extensive prior discussion and direction from the City Council during multiple public meetings beginning in 2020, resulting in the selection of Baker Tilly to provide City Auditor services. The Council Appointed Officers Committee discussed the status and satisfaction with Baker Tilly’s performance since appointment of Adriane D. McCoy as the Interim City Auditor. ENVIRONMENTAL REVIEW This action is exempt from CEQA and requires no further environmental review. ATTACHMENTS Attachment A: Resolution – To be distributed late packet APPROVED BY: Lesley Milton, City Clerk Item 2 Item 2 Staff Report        Item 2: Staff Report Pg. 2  Packet Pg. 8 of 146  NOT YET APPROVED Resolution No. ____ A Resolution of the City Council for the City of Palo Alto Appointing Adriane D. McCoy, Director and Certified Internal Auditor, Baker Tilly US, LLP, as the Palo Alto City Auditor. R E C I T A L S A.The Palo Alto City Charter specifies the duties and functions of the City Auditor for the City of Palo Alto; B.The Charter further specifies that the City Council shall appoint the City Auditor; C.Since October 1, 2020, the City has procured City Auditor services through a professional services agreement with Baker Tilly US, LLP; D.On September 9, 2022, the City Council appointed Adriane D. McCoy, Director and Certified Internal Auditor, Baker Tilly US, LLP, to serve as Interim City Auditor; NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. The Council hereby appoints Adriane D. McCoy, Director and Certified Internal Auditor, Baker Tilly US, LLP, as City Auditor for the City of Palo Alto; SECTION 2. Adriane D. McCoy shall serve as City Auditor at the will of the Council as provided by the Charter, and shall further serve according to all of the terms and provisions of the Charter, the Municipal Code and the agreement for outsourced internal auditing services between the City of Palo Alto and Baker Tilly US, LLP; and SECTION 3. Nothing in this action confers employment or other employee rights, responsibilities and obligations to Adriane D. McCoy or Baker Tilly US, LLP.; and / / / / / / / / / / / / / / Attachment A Item 2 Resolution Appointing Adriane D. McCoy as Palo Alto City Auditor        Item 2: Staff Report Pg. 3  Packet Pg. 9 of 146  NOT YET APPROVED SECTION 4. This resolution shall be effective immediately. The appointment of Adriane D. McCoy as City Auditor shall begin immediately and end on the expiration of the agreement for outsourced internal auditing services between the City of Palo Alto and Baker Tilly US, LLP, including any amendment, extension or termination approved by the Council, or, consistent with at-will service, at the Council’s discretion at an earlier date as determined by Council. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: __________________________ City Attorney Item 2 Resolution Appointing Adriane D. McCoy as Palo Alto City Auditor        Item 2: Staff Report Pg. 4  Packet Pg. 10 of 146  Item No. 3. Page 1 of 16 CITY COUNCIL STAFF REPORT From: City Manager Report Type: Study Session Lead Department: Transportation Meeting Date: April 24, 2023 TITLE Study Session: Safe Routes to School Annual Report for 2021-2022; CEQA status – not a project. RECOMMENDATION This 2021-2022 Annual Report for the Safe Routes to School Partnership is informational to facilitate the study session discussion for Safe Routes to School. No action by Council will be taken. EXECUTIVE SUMMARY The 2021-2022 Safe Routes School (SRTS) Annual Report provides the outcomes of the fourth year of the Five-Year Plan for the SRTS Partnership between the City of Palo Alto, the Palo Alto Unified School District (PAUSD), and the Palo Alto Council of PTAs (PTAC). This report describes Partnership activities during the re-opening of schools to accommodate parent needs, PAUSD campus access restrictions, and education program adjustments. In addition, the report describes the results of the initial deployment of a new community outreach tool. BACKGROUND For more than 50 years, the City of Palo Alto, PAUSD, and the PTA have maintained a child transportation safety-focused collaboration in Palo Alto, meeting monthly as the City/School Transportation Safety Committee (CSTSC). In 2006, this collaboration adopted a National Consensus Statement relying on a ‘5-E’ (Encouragement, Education, Engineering, Enforcement, and Evaluation) injury prevention framework to support safe, healthy, and active school commutes. In 2016, the Partnership adopted a sixth ‘E’ for Equity to align with national standards ensuring that SRTS Partners provide additional resources to support the needs of under- resourced or under-represented families. Additionally, the SRTS Partnership approved a Five-Year Work Plan in 2017. While the Five-Year Work Plan objectives remain somewhat fixed from year to year, the strategies to achieve the goals change each year based on priorities set by program partners (Refer to Attachment A for Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 1  Packet Pg. 11 of 146  Item No. 3. Page 2 of 16 the Five-Year Work Plan). Progress on the Five-Year Work Plan goals and strategies depends on the Safe Routes to School Partnership’s funding and capacity and may be subject to change as demand or resources dictate. In 2020, at the recommendation of the Safe Routes to School National Partnership, the term “Enforcement” was replaced with the word “Engagement” to support a more community- focused approach to supporting transportation safety and compliance with existing regulations. ANALYSIS Pandemic Impacts on Education Programming The return to in-person teaching in the Fall of 2021 brought many challenges for the SRTS program. The SRTS team, housed in the City’s Office of Transportation (OOT), determined to find ways to adapt and ensure education could continue virtually and in person. Due to the pandemic, PAUSD limited campus access points to reduce cohort mixing and Covid exposure. Doing so changed how families planned their routes to and from school. In addition, it appears that some parents believed that driving their children to school in a vehicle was a way to reduce exposure to Covid. Parents, families, and others who chose to walk or bike to school therefore noticed more parents driving. Additionally, due to the limited campus access points, many students could not store their bikes conveniently as bike racks were no longer at every campus access point. Due to these changes, the SRTS team received many back-to-school, bike, and pedestrian safety requests that showed parents were paying attention and valuing transportation safety and education. SRTS staff and PAUSD staff conducted walk and bike audits during the re-opening period to help improve biking and walking to and on campus. The pandemic also impacted a core component of the SRTS partnership - parent volunteers. With high levels of parent fear of exposure to the virus and PAUSD regulations limiting campus visitors, SRTS staff moved Bike Rodeo Education to the Spring of 2022. Additionally, the SRTS program delivered 6th Grade education in the fall through online courses and Kindergarten and 1st Grade pedestrian lessons via zoom in the spring to reduce coronavirus exposure concerns. Spring Bike Rodeos and Consultant Assistance Although Fall reopening was challenging, PAUSD parents noticed the value and impact of in- school training and education. After announcing the Spring bike rodeos, the SRTS team prepared for the new wave of nervous parent volunteers eager to bring back this cherished tradition for third graders. Although we had to re-plan, the Fall pause in programming gave the SRTS staff a chance to debut a new rodeo scheduling software that made rodeo scheduling easier for everyone. Additional spring highlights included events like the 8th grade Getting to High School, the Adaptive Cycling Rodeo pilot event for secondary students, and middle school biking events rescheduled Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 2  Packet Pg. 12 of 146  Item No. 3. Page 3 of 16 from the fall. Relaunching these events required the short-term support and assistance by a contractor funded by the 2016 Measure Bicycle and Pedestrian Education and Encouragement Program. With such support, staff had the capacity to implement all other activities, including Bike Rodeo events in the Spring. The contractor helped with the following seven tasks: 1. Blacktop set-up and oversight of the third lesson (bike rodeo) of PAUSD’s Third Grade Bicycle Life Skills Curriculum for 12 elementary schools 2. Scheduling, coordinating and facilitating monthly City/School Transportation Committee Meetings 3. Coordinating 5 secondary school Spring Bike Safety events 4. Coordinating one Safe Routes to School exceptional needs secondary school summer event 5. Distributing summer and fall Safe Routes to School Suggested Route Maps 6. Assisting with secondary school Back to School event coordination 7. Completing other Education and Encouragement grant tasks such as data collection and reporting Due to pandemic budget constraints, the Measure B funds were used to partially support 0.5 FTE of our SRTS team to conduct an SRTS outreach pilot. Information regarding the use of those funds is presented in the next section. Mobile Information Kiosk E-Bike (MIKE) Pilot During the pandemic, OOT identified a need to expand community engagement efforts to support student, family, and community safety education and piloted an on-the-ground pedestrian and bicycle community engagement strategy. Supported by Measure B Bicycle and Pedestrian Program Education and Encouragement funds, the SRTS team used an electric cargo bike, loaded with SRTS education material, to provide mobile, pop-up education and encouragement stations at parks, schools, and community centers. Though COVID variant waves impacted the deployment frequency of the Mobile Information Kiosk E-Bike (MIKE) Pilot, the SRTS team was able to set up and engage with many Palo Alto students, families, and residents who did not know about the Safe Routes program. Staff set up 17 pop-up information sessions, interacted with approximately 200 people, and provided 110 giveaways (e.g., VTA bicycle maps and bike lights). The SRTS team discussed topics such as suggested bike routes, proper helmet wearing, and the importance of signaling when making turns on a bike. Essentially, this program brought Covid-safe face-to-face office hours to hundreds of community members. Unexpectedly, through this interaction, staff met PAUSD parents who ended up doing extraordinary things with the materials distributed. For example, at Mitchell Park, Hoover parent Ashley Tseng received a Hoover Elementary Walk and Roll Map that she turned into a board game with her son to help students learn how to use the map. Subsequently, Ashley became more Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 3  Packet Pg. 13 of 146  Item No. 3. Page 4 of 16 involved by volunteering to be a Transportation Safety Representative (TSR) for Hoover Elementary and an active member of the City/School Transportation Safety Committee (CSTSC). A comprehensive table of 2021-22 SRTS activities organized by the Six Es is provided below. Table 1: Safe Routes to School Program Activities, 2021-2022 DATE ACTIVITY PARTNERS (IN ORDER OF LEADERSHIP) DESCRIPTION OUTCOMES ENCOURAGEMENT Bi-Monthly City School Transportation Safety Committee Meetings CPA SRTS, PTA, Palo Alto Police Department, PAUSD, Community Participants Community Meetings •Ten, 2-hour meetings •Approx. 20 participants per meeting Bi-Monthly City School Transportation Safety Committee Planning Meetings CPA SRTS, PTA, PAPD, PAUSD, Agenda-setting meetings to support CSTSC •Eight 1-hour meetings 08/26/21 Safe Routes PTA TSR Volunteer Orientation PTA, CPA SRTS 2.5-hour training for incoming Safe Routes to School TSRs •11 participants October 2021 New Principal Orientation CPA SRTS, PAUSD SRTS information session for new principals •Nixon October 2021 & April 2022 Fall & Spring Walk and Roll to School Events PTA, PAUSD, CPA SRTS Green transportation encouragement events to support the return to school •3 events were held at elementary schools. 08/12/21 Silicon Valley Bike Coalition Annual Bike Summit CPA SRTS, SVBC Participation in a panel of 3 presenters sharing SRTS reopening experience •15-minute Sharing Roads and Shifting Modes: Safe Routes “Pandemic Edition” presentation 02/27/22 Black History Month Celebration Ride PTA Community bike ride supported by El Carmelo and Escondido TSRs that honored historic achievements of Black Palo Altans and East Palo •30 participants Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 4  Packet Pg. 14 of 146  Item No. 3. Page 5 of 16 Altans. March – May 2022 Bicycle Life Skills Curriculum CPA, SRTS, PAUSD, PAPD, Stanford, PAMF, Bike Mobile Three-lesson bicycle safety training for all PAUSD 3rd graders •Approx. 4.5 hours of bike safety education per student •706 students April 2021 Middle & High School Back-to- School Events PTA, PAUSD, CPA SRTS Commute planning, bike index information, bike checkups, helmet fitting, bike blender, and two pilot climate change events with Museum of Tomorrow •Five 2-3 hour events EDUCATION Ongoing Spare the Air Youth Meetings Metropolitan Transportation Commission, City, Regional Providers Sharing best practices in SRTS programs across the Bay Area •1 quarterly meeting Fall Sixth-Eighth Grade Back to School Bicycle Safety Lesson Online PAUSD, CPA SRTS Bicycle safety online education provided to all PAUSD 6-8 grade students •2330 students 2/7-2/25/22 K-1 Pedestrian Safety Lesson CPA SRTS, PAUSD 30-minute online pedestrian safety education classroom lessons •Supported 1332 students 2/8-3/3/22 Second Grade Pedestrian Safety Education CPA SRTS, PAUSD 12 classroom combined based 60-minute pedestrian safety field trip •Supported 665 students 4/12-5/13/22 Fifth Grade Bicycle Safety Refresher CPA SRTS, PAUSD 12 45-minute grade-based presentations (with combined classes) for all 5th graders entering middle school. •Supported 707 students 6/1/21 Middle School Bike Skills WheelKids Bicycle Club CPA SRTS Adjusted for COVID •Three 4.5- hour classes •35 students Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 5  Packet Pg. 15 of 146  Item No. 3. Page 6 of 16 •Approx. 35 parents February 2022 Bike Rodeo Captain Training CPA, PTA Prepare Bike Rodeo Captains for Bike Rodeo event coordination at their school •12 trainings May 2022 Walk & Roll Map Updated CPA, PTA 17 maps had edits made that included language consistency. •Posted on the SRTS website ENGINEERING Ongoing SRTS Requested Observations CPA SRTS, PTA SRTS team conducted observations of on- or off-campus circulation •Greene •Fletcher •JLS Ongoing 2012 Bicycle + Pedestrian Transportation Plan Projects Transportation staff, Public Works staff Improvements identified by the community to enhance walking and bicycling •Ongoing design feedback •CSTSC input Ongoing South Palo Alto Bikeway Support Transportation and Public Works staff Projects on school routes arising from VERBS grant analysis and from PAUSD or PTA requests •Ongoing design feedback •CSTSC input •Education/ outreach assistance Ongoing Palo Alto 311 Service Requests CPA SRTS Requests for improvements on school routes submitted by the community •6 completed requests Ongoing Pedestrian and Bicycle Advisory Committee (PABAC) Support CPA SRTS Monthly reports of SRTS activities and collision data shared with PABAC advisory committee •10 CSTSC minutes reports shared monthly with PABAC ENGAGEMENT/ENFORCEMENT* Ongoing Monthly Collision Reporting PAPD Juvenile bicycle and pedestrian collision data shared monthly •42 collisions Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 6  Packet Pg. 16 of 146  Item No. 3. Page 7 of 16 with Safe Routes/Transport ation staff Ongoing Traffic Law Enforcement PAPD Juvenile bicycle and pedestrian traffic citations are shared monthly with Safe Routes/Transport ation staff. No traffic citations were given. •0 juvenile citations/warnings Ongoing Juvenile Traffic Safety Diversion Program PAPD, Traffic Safe Communities Network of Santa Clara County Traffic School for youth with on- bike citations were not held. •0 juvenile diversion classes Ongoing Adult Crossing Guards PAPD Crossing guards for elementary and middle school students at qualifying intersections •33 crossing guards EVALUATION Ongoing SRTS Data Providers Network Regional Meetings Santa Clara Dept. of Public Health, City SRTS Providers Sharing of County resources and best practices •Three 2-hour meetings Fall Parked Bicycle Counts PTA, CPA SRTS Counts of parked bicycles at all PAUSD schools. •See Table 3 EQUITY Spring Helmet Giveaways CPA SRTS, Santa Clara County Department of Health Ongoing coordination •37 bike helmets were distributed at Spring Bike Rodeo for students that did not show up with helmets. Ongoing Materials Translation CPA SRTS Translation of SRTS Communication materials into Spanish •Two translations April – May 2022 Spring Bike Repair VeloFix, Bike Mobile PTA, CPA SRTS Free school-based bicycle repair clinics funded through the City of Palo Alto. Extra •20 bikes repaired at secondary schools Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 7  Packet Pg. 17 of 146  Item No. 3. Page 8 of 16 Source: Office of Transportation, March 2023 Program Evaluation As shown in Table 2, the 2021-22 education programs reached approximately 5,852 students or roughly the same number of students educated in a normal year. Table 2: 2021-2022 Safe Routes to School Core Education Program Reach PROGRAM NUMBER OF LESSONS/ ASSEMBLIES/ZOOM LESSONS NUMBER OF PAUSD STUDENTS TAUGHT K-1st Grade compulsory Zoom Pedestrian Safety for Distance Learning 20 1332 2nd Grade Pedestrian Safety Education 12 665 3rd Grade Bicycle Life Skills Curriculum 12 706 5th Grade compulsory Bike Safety Refresher 12 707 6-8 grade compulsory online "Back to School Bike Safety Education" Lessons N/A 2,420 Second Summer Exceptional Needs Adaptive Cycling Event * 1 22 Total for Core Education Programs 56 5,852 Source: Office of Transportation, March 2023 * Denotes in-person activity, all other classes were held online In addition to post-program surveys of teachers, administrators, and volunteers, the Partnership collects data to estimate levels of school commute alternative mode use. Tables 3 and 4 present yearly alternative mode share/shift calculated by using bike rack counts and classroom travel tallies each fall. Bike rack metrics are administered by PTA volunteers counting the number of parked bikes at their school. Graphs of the secondary school bike count data can be found in Attachment B. Table 3: 2021 Parked Bicycle Counts at PAUSD Schools School Type 2021 Parked Bikes % Biking % pt. + or – since 2016-17 Elementary 590 14% -2 Middle 1,216 53% +4 High 1,680 43% +3 Total 3486 34% +1 repair costs are funded by PTA. Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 8  Packet Pg. 18 of 146  Item No. 3. Page 9 of 16 Source: Office of Transportation, March 2023 Classroom travel tallies are administered by teachers through a show of student hands. In 2016- 17, new online data gathering methods for the classroom travel tally helped expand the program’s capacity to conduct travel tallies at the secondary level. The City has a goal of reaching a mean district response rate of 70%. The mean tally response rate was 49% in the first year of this effort; this year the mean district response rate was 67%. Table 4 shows the travel mode percentages aggregated by school type for the current school year. Table 4: 2021-2022 PAUSD Classroom Tally of Mode to School Walk Scooter Skate (%) Bike (%) Carpool (%) Transit (%) Drive (%) Resp. Rate (%) Alt. Transp. Mode (%) Alt. Mode Shift + or – since 2016-17 (%) Elem. 26 16 3 3 52 73 50 +2 Middle 14 53 3 2 27 66 80 -3 High 9 50 6 2 33 63 75 +2 Average 16 40 4 2 37 67 68 0 Source: Office of Transportation, March 2023 Data Interpretation Weather variations, data collection date, absenteeism, classroom tally participation rates, school-based special events, volunteer-based calculation errors, pandemic-impacted distance learning, and whether bicycles are left in the rack or removed during the school day affects the validity of these results. The change in Alternative Transportation Mode numbers appears mixed with an overall flat trend in walking and biking on average. However, driving appears to be increasing district wide. Looking at the historical trend, elementary school parents in 2021 were driving at the same rate as in 2016, erasing the progress made since the peak year of 2019. Most concerning, driving numbers in middle and high school were higher in 2021 than in 2016. The SRTS team suspects the following causes of increased driving to school: •The lack of city shuttle service and reduced PAUSD bussing •Driving habits developed during the pandemic •Campus access points limited due to security concerns •Disruption to the normal SRTS education schedule •Reduced PTA volunteer capacity, especially for secondary school programming Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 9  Packet Pg. 19 of 146  Item No. 3. Page 10 of 16 The SRTS team looks forward to working through the Partnership to address these causes to reduce driving. Potential focus areas to address these causes include the following: •Returning to in-person SRTS programming for elementary students •Supporting PTA volunteer recruitment •Reviewing campus access points and security protocols Adopted SRTS Objectives, 2018-2022 The 2019-20 Five-Year Work Plan as reviewed and accepted at the April 19, 2019, City School Transportation Safety Committee (CSTSC) continued serving as a roadmap for the program’s development, as the need for staff to triage pandemic impacts delayed the Team’s capacity to achieve Year 4 strategies for achieving the goals listed below. Detailed Year 1-4 Safe Routes to School Partnership yearly and ongoing strategies are shared in Attachment A. 1. Adopt and institutionalize key SRTS practices and policies across the Partnership and gather best practices from elsewhere 2. Provide, continue, and enhance school- and community-based SRTS education programs, materials, and communications 3. Expand and enhance SRTS events, encouragement programs, and materials to communicate the value of SRTS to parents, students, and the community 4. Gather data to assess and improve SRTS program outcomes 5. Engineer routes to school to develop more safe and efficient networks for families choosing active transportation 6. Increase awareness and engagement between City Departments and the community to advance awareness of the SRTS mission, goals, and strategies 7. Commit to an equitable distribution of SRTS resources to encourage broad SRTS community participation 2021-22 City/PAUSD/PTA Safe Routes to School Partnership 5 Year Plan Year 4 Strategies Year 4 Strategies Fully Completed S-1.2 Including Youth as the Fourth Partner of the PA SRTS Partnership S-2.1 Enhance High School youth outreach S-2.2 Enhance SRTS online educational materials and resource library S-3.2 Pilot one Winter Walk and Roll event S-3.3 Conduct two local family cycling events S-4.1 Complete Year 3 Strategy to distribute a PAUSD parent survey S-4.2 Develop a behavior change-focused SRTS infographic S-5.1 Complete two site assessments Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 10  Packet Pg. 20 of 146  Item No. 3. Page 11 of 16 S-6.2 Ensure that relevant transportation concept plans, updated Pedestrian Bicycle Plans and proposed community engagement strategies are reviewed by the CTSTSC S-7.2 Increase SRTS outreach to students with special needs and other disabilities by conducting a minimum of one SRTS presentation Year 4 Strategies Partly Completed S-1.1 Hold two PAUSD/City/PTA Partnership meetings to reinitiate PAUSD SRTS policy implementation and renew Partnership Consensus Statement S-3.1 Ensure updated, standardized SRTS language is included in all PAUSD websites and parent handbooks S-7.1 Complete Year 3 Strategy to Work with PAUSD Family Engagement Specialists to develop an Equity Action Plan Year 4 Strategies Not Completed (mainly due to pandemic-related social distancing barriers) S-6.1 Work with the Community Services Department to administer a bicycle facility Needs Assessment i.e. “Safe Routes to Parks” Summary Percentage of Year 4 Strategies Completed: 71% Percentage of Year 4 Strategies Fully or Partly Completed: 93% Percentage of Year 4 Strategies Not Completed: 7% Policy Implications This program is consistent with key transportation goals in the City’s Comprehensive Plan 2030, including creating a sustainable transportation system, reducing congestion, and providing a safe environment for all road users. Specific policies and programs include: •Policy T-1.16: Promote personal transportation vehicles as an alternative to cars (e.g. bicycles, skateboards, roller blades) to get to work, school, shopping, recreational facilities and transit stops. •Program T-1.16.4: Participate in local and regional encouragement events such as Palo Alto Walk and Rolls, Bike to Work Day, and Bike Palo Alto! that encourage a culture of bicycling and walking as alternative to single-occupant vehicle trips. •Policy T1.19: Provide facilities that encourage and support bicycling and walking. Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 11  Packet Pg. 21 of 146  Item No. 3. Page 12 of 16 •Program T1.19.2: Prioritize investment for enhanced pedestrian access and bicycle use within Palo Alto and to/from surrounding communities, including by incorporating improvements from related city plans, for example the 2012 Palo Alto Bicycle + Pedestrian Transportation Plan and the Parks, Trails & Open Space master Plan, as amended, into the Capital Improvements Program. •Policy T-2.7: Work with the PAUSD to resolve traffic congestion issues associated with student drop-off and pick-up. Address pedestrian and bicycle access, circulation and related issues such as coordinating bell schedules on City rights-of-way adjacent to schools and on PAUSD property. •Program T6.1.1: Follow the principles of the Safe Routes to Schools program to implement traffic safety measures that focus on safe routes to work, shopping, downtown, community services, parks, and schools including all designated school commute corridors. •Program T6.1.2: Develop, distribute, and aggressively promote maps and apps showing safe routes to work, shopping, community services, parks and schools within Palo Alto in collaboration with stakeholders, including PAUSD, major employers, TMA's, local businesses and community organizations. •Policy T-6.2: Pursue the goal of zero severe injuries and roadway fatalities on Palo Alto city streets. •Policy T-6.4: Continue the Safe Routes to School partnership with PAUSD and the Palo Alto Council of PTAs. •Policy T-6.5: Support PAUSD adoption of standard Safe Routes to School policies and regulations that address the five E's of education, encouragement, enforcement, engineering and evaluation. •Program T6.6.2: Continue to provide educational programs for children and adults, in partnership with community-based educational organizations, to promote safe walking and the safe use of bicycles, including the City-sponsored bicycle education programs in the public schools and the bicycle traffic school program for juveniles. Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 12  Packet Pg. 22 of 146  Item No. 3. Page 13 of 16 •Program T6.6.3: Work with PAUSD and employers to promote roadway safety for all users, including motorized alternatives to cars and bikes such as mopeds and e-bikes, through educational programs for children and adults. Timeline The Safe Routes to School Partnership supports an ongoing, year-round program which includes both engineering and programmatic elements. A timeline of recently completed and upcoming infrastructure projects that reduce risk to students is included in Table 5. Table 5: SRTS Infrastructure Project Timelines PROJECT SCHOOL ROUTES TO BE IMPROVED COMPLETION DATE OR FUTURE CONSTRUCTION START Churchill Avenue Enhanced Bikeway, Phase 0 Palo Alto HS Completed April 2016 Cowper Street at Coleridge Avenue High- visibility Crosswalks Walter Hays Completed April 2016 Georgia Ave High-visibility Crosswalk and Curb Extension Fletcher MS Gunn HS Completed Summer 2016 Los Robles Avenue Bikeway Enhancements Briones Fletcher MS Gunn HS Completed Summer 2016 Park Boulevard Bicycle Boulevard Early Implementation (Stanford Avenue to Cambridge Avenue) Greene MS Palo Alto HS Completed Summer 2016 Middlefield Road and North California Avenue Complete Street Project Greene MS Palo Alto HS Completed Fall 2016 Garland Drive Sharrows Greene MS Completed Winter 2017 Overcrossing/Undercrossing Improvements Greene MS Palo Alto HS Completed August 2017 Arastradero Road at Donald Drive Spot Safety Improvements Fletcher MS Completed September 2017 Cowper Street at Coleridge Avenue Traffic Circle Trial Walter Hays Completed September 2017 Colorado Avenue at Sandra Place Spot Safety Improvements Ohlone Completed July 2018 Channing Avenue and St Francis Drive Enhanced Bikeway Duveneck Completed Summer 2018 Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 13  Packet Pg. 23 of 146  Item No. 3. Page 14 of 16 PROJECT SCHOOL ROUTES TO BE IMPROVED COMPLETION DATE OR FUTURE CONSTRUCTION START Ross Road Bicycle Boulevard El Carmelo Ohlone Palo Verde Greene MS Gunn HS Palo Alto HS Completed November 2019; Adjustments November 2020 & late 2021 Amarillo Avenue-Moreno Avenue Bicycle Boulevard El Carmelo Ohlone Palo Verde Completed November 2019; Adjustments November 2020 Charleston-Arastradero Corridor Project Phase 1 and 2 Barron Park Briones Hoover Fairmeadow JLS MS Fletcher MS Gunn HS Completed November 2020 Charleston-Arastradero Corridor Project Phase 3 Barron Park Briones Hoover Fairmeadow JLS MS Fletcher MS Gunn HS Completion estimated for Spring 2023 Churchill Avenue Highway-Railroad Crossing Safety Improvement Project Palo Alto HS Construction starts Summer 2023 Churchill Avenue Enhanced Bikeway, Phase 1 Palo Alto HS Construction starts Winter 2024 Embarcadero Road Bicycle Lanes Palo Alto HS Construction starts Fall 2023 Crescent Park Traffic Calming Duveneck ES Greene MS Palo Alto HS Currently evaluating pilot installations California Avenue Car-Free Street Greene MS Palo Alto HS Currently developing design scope East Meadow Drive and Fabian Way Enhanced Bikeway (as part of South Palo Alto Bikeways Project) Fairmeadow Hoover Palo Verde JLS MS Gunn HS On hold pending construction grant funding Bryant Street Bicycle Boulevard Extension (East Meadow Drive to San Antonio Road) Fairmeadow Hoover JLS MS Gunn HS On hold pending Bicycle and Pedestrian Plan Update Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 14  Packet Pg. 24 of 146  Item No. 3. Page 15 of 16 PROJECT SCHOOL ROUTES TO BE IMPROVED COMPLETION DATE OR FUTURE CONSTRUCTION START Bryant Street Bicycle Boulevard Upgrade (Menlo Park City Limits to East Meadow Road) Addison El Carmelo JLS MS Greene MS Palo Alto HS Gunn HS On hold pending Bicycle and Pedestrian Plan Update Louis Road-Montrose Avenue Bicycle Boulevard Fairmeadow JLS MS Gunn HS On hold pending Bicycle and Pedestrian Plan Update Maybell Avenue Bicycle Boulevard Briones Fletcher MS Gunn HS On hold pending Bicycle and Pedestrian Plan Update Park Boulevard-Wilkie Way Bicycle Boulevard Barron Park Briones Fletcher MS Gunn HS On hold pending Bicycle and Pedestrian Plan Update Stanford Avenue Bicycle Boulevard Barron Park Briones Fletcher MS Gunn HS On hold pending Bicycle and Pedestrian Plan Update Source: Office of Transportation, March 2023 FISCAL/RESOURCE IMPACT The 2021-22 Safe Routes to School (PL-00026) capital budget was $104,000. This capital improvement project (CIP) allows for strategic investments in school route safety infrastructure, such as crosswalks, pedestrian flashing beacons, improved signage, and street markings. Staff consisted of two (2) full-time coordinators for a total of two (2) FTEs (full time equivalent). Safe Routes to School infrastructure projects are financed through a variety of means, including the Safe Routes to School (PL-00026), Bicycle and Pedestrian Transportation Plan Implementation (PL-04010), and Street Maintenance (PE-86070) CIPs as well as through several grant programs. STAKEHOLDER ENGAGEMENT The Safe Routes to School Partnership is a collaborative program. According to the International Association of Public Participation (IAP2), collaborative programs allow for "partnership with members of the public to identify problems and develop solutions." SRTS partners include OOT and Police Department staff, PTA Transportation Safety Representatives at each PAUSD school, student representatives, PTAC representatives, school principals, and PAUSD staff in Sustainability, Facilities, and Administration. The program is supported by monthly City/School Transportation Safety Committee meetings, a Five-Year Plan that is developed and adopted by SRTS stakeholders to further the mission of the Partnership, and yearly reports to the City/School Liaison Committee and City Council. Safe Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 15  Packet Pg. 25 of 146  Item No. 3. Page 16 of 16 Routes staff work directly with PTA and PAUSD leaders as well as with other stakeholders in the community to further the Partnership's goals. ENVIRONMENTAL REVIEW This agenda item is a study session only and is not a “project” requiring review under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A: SRTS Five-Year Plan Attachment B: Secondary School Bike Count Data APPROVED BY: Philip Kamhi, Transportation Director Report #: 2212-0472 Item 3 Item 3 Staff Report        Item 3: Staff Report Pg. 16  Packet Pg. 26 of 146  O-1 O-2 O-3 O-4 O-5 O-6 O-7 Adopt and institutionalize key SRTS practices and policies across the Partnership and gather best practices from elsewhere Provide, continue and enhance school and community- based SRTS education programs, materials and communications Expand and enhance SRTS events and encouragement programs and materials to communicate the value of SRTS to parents, students and the community Gather data to assess and improve SRTS program outcomes Engineer routes to school to develop a more safe and efficient network for families choosing active transportation Increase awareness & engagement between City Departments and the community to advance awareness of the SRTS mission, goals & strategies Commit to an equitable distribution of SRTS resources to encourage broad SRTS community participation S-1 S-2 S-3 S-4 S-5 S-6 S-7 Work toward PAUSD SRTS policy adoption Build out two Stanford service learning education, evaluation & enforcement projects Expand Youth for Environmental Sustainability Conf. Participation Develop SRTS Public Service Announcements Increase Spanish and Mandarin materials Develop SRTS educational posters Participate in countywide SRTS data pilot Integrate Statewide Traffic System (SWITRS) data into SRTS Pilot online travel tally Complete two site assessments and update Walk and Roll Maps Update City Comprehensive Plan policies This goal was not developed S-1 S-2 S-3 S-4 S-5 S-6 S-7 Develop a PAUSD SRTS policy to sustain ongoing commitment from PAUSD Explore optional and compulsory SRTS high school education programs Develop a communications plan outline Develop a public list of carpooling resources Develop a PAUSD parent survey to evaluate participant demographics and identify challenges to more active transportation Complete two site assessments with updated Walk and Roll Maps for Palo Verde and Gunn H.S. Create an enforcement strategy to reflect changing staffing levels by shifting traffic enforcement role to patrol officers Conduct a bike repair class with student input Promote safer routes for East Palo Alto PAUSD student bicyclists S-1 S-2 S-3 S-4 S-5 S-6 S-7 Develop school report cards summarizing travel mode split, SR2S activities undertaken, and the level of green travel status Implement optional and compulsory SRTS high education programs Develop fact-based and consistent Safe Routes to School messages that can be used on social media Administer a PAUSD parent survey to evaluate participant demographics and identify challenges to more active transportation Complete two site assessments with updated Walk and Roll Maps for Palo Verde and Gunn H.S. Work with PAPD/City to promote the Bike Index Registry as a means of preventing bike theft and create a workflow at PAPD to include Bike Index checks on all recovered bikes Work with PAUSD Family Engagement Specialists to develop an Equity Action Plan to support underrepresented and under-resourced communities S-1 S-2 S-3 S-4 S-5 S-6 S-7 Hold two PAUSD/City/PTA Partnership meetings to re- initiate PAUSD SRTS policy implementation and renew Partnership Consensus Statement Include Youth as the Fourth Partner of the PA SRTS Partnership Enhance High School youth outreach Enhance SRTS online educational materials and resource library Ensure updated, standardized SRTS language is included in all PAUSD websites and parent handbooks Pilot one Winter Walk and Roll event Conduct two local family cycling events Complete Year 3 Strategy to distribute a PAUSD parent survey Develop a behavior change-focused SRTS infographic Complete two site assessments Work with the Community Services Department to administer a bicycle facility needs assessment ie. “Safe Routes to Parks” Ensure that relevent transportation concept plans, updated Pedestrian Bicycle Plans and proposed community engagement strategies are reviewed by the CTSTSC Complete Year 3 Strategy to Work with PAUSD Family Engagement Specialists to develop an Equity Action Plan Increase SRTS outreach to students with special needs and other disabilities by conducting a minimum of one SRTS presentation Safe Routes to School 5 Year Work Plan for Years 1-4 *Contingent on safe routes to school funding/capacity and subject to change as demand dictates. Mission Goal To grow and strengthen community-wide support through the SRTS 6 E's (Education, Encouragement, Engineering, Engagement, Evaluation, and Equity) model for safe, active, healthy, sustainable, school commutes. Long-Term Objectives* (O) Year Four Strategies (S) Items Listed in Bold = Completed Activities Year Three Strategies (S) Items Listed in Bold = Completed Activities Year Two Strategies (S) Items Listed in Bold = Completed Activities Year One Strategies (S) Items Listed in Bold = Completed Activities To enhance and sustain the City/PAUSD/PTA/Youth community partnership to reduce risk to students en route to and from school, and to encourage more families to choose healthy, active, sustainable alternatives to driving solo more often. Last Edited December 2020 Item 3 Attachment A - five-year work plan        Item 3: Staff Report Pg. 17  Packet Pg. 27 of 146  Objective 1: Adopt and institutionalize key SRTS practices and policies across the Partnership and gather best practices from elsewhere S-1. Support Safe Routes to School Transportation Safety Representatives at each school site S-2. PTA inspires action and educates potential leaders about public process, governance and SRTS Advocacy S-3. Support increased uniform patrol presence to encourage and enforce compliance with existing laws S-4. Maintain the City School Traffic Safety Committee (CSTSC) as a forum to further the SRTS Partnership's mission, goals & strategies S-5. Improve communication of SRTS Consensus Statement and other policies, including PAUSD Building for Excellence Requirements, Palo Objective 2: Provide, expand and enhance school and community-based SRTS education programs and materials S-1. Cultivate a community of parents and others to build a network of skilled leaders for education and advocacy S-2. Support active transportation events during the year by setting up information tables, assisting families with route planning and responding to infrastructure concerns S-3. Maintain K-2 in-class educational offerings and optimize the program to match students capabilities, support educational best practices and incorporate infrastructure updates S-4. Maintain 3rd grade Bicycle Life Skills in-class Curriculum and optimize program to match student capabilities, support best practices and incorportate infrastructure updates S-5. Maintain 5th grade in-class educational offerings and optimize the program to match studnets capabilities, support best practices and incorporate infrastructure updates S-6. Maintain 6th grade in-class educational offerings and optimize programs to match student capabilities, support best practices and Objective 3: Expand & enhance encourgagement programs to communicate the value of SRTS to parents & the community S-1. Support Spring and Fall Walk & Roll Week S-3. Support Bike to Work Day S-4. Support City participation in Bike Palo Alto as communicated by the City Manager's Office S-5. Communicate program activities and successes to the broader community S-6. Use Walk and Roll Maps and "Safety Tips for Peds/Bikes/Drivers" as part of messaging S-7. Employ purposeful incentives to support SRTS partcipation S-8. Communicate the value of bicycling, walking, transit and sharing rides S-9. Enhance website functionality and user experience S-10. Support parent education, including Back to School Nights, spring information nights for rising 5th, 6th, and 7th graders and providing SRTS information in Back to School packets S-11. Develop a communication plan outline for crisis communications Objective 4: Gather data to assess and improve SRTS program outcomes S-1. Incorporate traffic and engineering data into mode split and modal share assessments S-2. Explain the purpose of data collection to PAUSD administrators and share the data S-3. Conduct yearly online travel tallies for PAUSD grades K-12 S-4. Conduct yearly bike counts S-5. Manage local and administrative data requests Objective 5: Engineer routes to school to develop a more safe and efficient network for families choosing active transportation S-1. Assist with bicycle infrastructure design review to inform the planning process S-2. Design and provide materials and education about new infrastructure improvements S-3. Advovate as a Partnership for the rapid implementation of bike network, bike boulevards, bike racks, arterial projects and bicycle plans S-4. Respond to Safe Routes to School -related Palo Alto 311 request S-5. Conduct community site visits S-6. Provide crossing guard management, including assessing needs, developing contracts and replying to public feedback S-7. Develop material to support new engineering/infrastructure treatments Objective 6: Deepen awareness & engagement across City Department & among community reps to advance & institutionalize SRTS S-1. Support the build-out of the City of Palo Alto Bicycle and Pedestrian Transportation Plan S-2. Provide students and families with transit system information and offer guidance of proposed transit changes S-3. Model walking, biking, carpool, and transit through daily transportation decisions S-4. Assist with plans to develop a more efficient roadway network for families choosing active transportation S-5. Collaborate with local agencies, including public works, utilities, law enforcement and district officials to support motorist, pedestrians, and bicyclists Objective 7: Commit an equitable distribution of SRTS resources to encourage broad SRTS community participation S-1. Develop Spanish and Chinese language materials S-2. Promote a "no-guilt approach" to encourage participation via all transportation modes S-3. Support free service, such as bike repair, helmet and bike light distribution and compulsory education to ensure that under-resourcesd students can access important safety resources in a way that does not stigmatize them S-4. Ensure ongoing awarness regarding the geopgrahic distribution of SRTS staff time and resources among Palo Alto regions and across Safe Routes to School 5-Year Work Plan Ongoing StrategiesLast Edited December 2020 Item 3 Attachment A - five-year work plan        Item 3: Staff Report Pg. 18  Packet Pg. 28 of 146  1985 1991 1993 1997 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 Greene 74%61%41%25%26%29%37%41%41%40%49%53%55%56%61%72%60%57%55%50%56%56%67%61% JLS 46%33%33%27%16%23%20%25%34%32%37%38%48%45%49%51%53%53%52%54%51%51%70%53% Fletcher 26%24%29%25%32%28%31%36%37%37%38%37%39%37%38%43%40% 0% 10% 20% 30% 40% 50% 60% 70% 80% PAUSD MIDDLE SCHOOL BIKE COUNTS (PERCENTAGES) 1985-2021 Item 3 Attachment B - secondary school bike count data        Item 3: Staff Report Pg. 19  Packet Pg. 29 of 146  1985 1991 1993 1997 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 Greene 581 420 370 273 275 290 333 358 364 361 443 495 527 546 624 736 610 633 627 581 629 594 637 500 JLS 298 290 320 290 191 241 185 200 271 280 319 351 463 456 490 512 533 584 581 651 617 576 760 516 Fletcher 150 151 190 167 210 184 199 236 253 263 275 279 276 254 252 277 200 0 100 200 300 400 500 600 700 800 PAUSD MIDDLE SCHOOL BIKE COUNTS (NUMBERS) 1985-2021 Item 3 Attachment B - secondary school bike count data        Item 3: Staff Report Pg. 20  Packet Pg. 30 of 146  1985 1993 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 Gunn 20%11%14%10%14%15%18%24%25%31%33%36%36%41%45%43%44%44%42%46%50%45% Paly 33%25%15%11%11%12%14%17%16%22%26%30%32%40%42%39%42%43%43%44%38%46%52%42% 0% 10% 20% 30% 40% 50% 60% PAUSD HIGH SCHOOL BIKE COUNTS (PERCENTAGES) 1985-2021 Item 3 Attachment B - secondary school bike count data        Item 3: Staff Report Pg. 21  Packet Pg. 31 of 146  1985 1993 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 Gunn 284 180 230 166 240 252 308 447 478 600 633 671 679 750 836 811 830 838 830 912 982 839 Paly 553 300 220 160 160 200 234 289 273 377 433 520 582 741 787 758 805 837 845 869 786 955 1120 841 0 100 200 300 400 500 600 700 800 900 1000 PAUSD HIGH SCHOOL BIKE COUNTS (NUMBERS) 1985 -2021 Item 3 Attachment B - secondary school bike count data        Item 3: Staff Report Pg. 22  Packet Pg. 32 of 146  City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Administrative Services Meeting Date: April 24, 2023 Report #:2303-1182 TITLE Adoption of a Resolution of Intent to Not Levy Assessments for the Palo Alto Downtown Business Improvement District (BID) in FY 2024 and Setting a Public Hearing for May 15, 2023; CEQA status – not a project. RECOMMENDATION Staff recommends that Council adopt the attached resolution of intention to decline to levy assessments in the Palo Alto Downtown Business Improvement District (BID) for Fiscal Year 2024 and setting a date and time for the public hearing on the proposal to decline to levy assessments for May 15, 2023, at 5:00 PM or thereafter (Attachment A). BACKGROUND The Palo Alto City Council established the Palo Alto Downtown Business Improvement District (BID) in 2004 pursuant to the California Parking and Business Improvement Area Law to maintain economic vitality and physical maintenance of the Palo Alto Downtown business district. The Council appointed the Palo Alto Downtown Business and Professional Association (PADBPA), a non-profit corporation, as the advisory board and administrator of the BID. PADBPA, acting through its independent Board of Directors, has historically advised the Council on the method and basis for levy of assessments in the BID and has managed the expenditure of revenues derived from the assessments. In light of organizational changes at PADBPA and changes resulting from the COVID-19 pandemic, and with the concurrence of the City Council, the City allowed the contract with PADBPA to expire on June 30, 2020. Council directed staff to work with the Palo Alto Chamber of Commerce and PADBPA to develop options for the transition of the management of the BID. The Chamber and PADBPA identified a need to build support for a resumption of the BID assessment within the business community before collecting a new assessment and establishing a new management agreement. Both entities supported placing the BID on pause for FY 2023. On March 1, 2022 the Finance Committee discussed options for the FY 2023 Business Registry Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 1  Packet Pg. 33 of 146  Certificate (BRC) and BID processes (CMR 139021). The Committee reviewed three options for the BRC and BID and forwarded their recommendation to the City Council on April 4, 2022, CMR 139012, to restore the BRC in the 2022-2023 collection timeframe, using the established structure used in pre-pandemic years, while continuing the pause of BID assessments again in FY2023. The Palo Alto City Council directed Staff to proceed with this recommendation, and the City Council approved a resolution to not levy an assessment for FY 2023. ANALYSIS Due to ongoing discussions between PADBPA, the Chamber and the City, it is again requested that the BID assessment be paused in FY 2024. Staff recommends that the Council adopt the attached resolution for FY 2024 with the intention to not collect BID assessments for one additional year. In 2022 Council directed staff to work with the PADBPA and the Chamber to provide options on the future management of the BID. City staff are currently working on developing alternatives for a new streetscape design on University Avenue, in consultation with stakeholders and the community more broadly. This work is expected to generate a plan that will require businesses in the vicinity to invest in capital and potentially operating costs for implementation. Since it is not clear at this point what structure would be most appropriate for such investment, the BID is a valuable framework but not necessarily structured as will be needed. The entities therefore request another year to continue exploring options for the BID including input from organizations within the BID. If Council adopts the recommendation in this report, the Council must adopt the attached resolution of its intention to not levy a collection of the BID assessments for FY 2024, and set a public hearing for May 15, 2023. At the public hearing, Council will hear and consider any objections to non-collection of assessments due in 2023 and take final action. The decision to not levy assessments payable in FY 2024 is consistent with Council’s rescinding and waiving of assessments due in FY 2020 (CMR 112193) and in FY 2021 (CMR 122554) in response to the pandemic, along with the Finance Committee’s recommendation to not levy assessments for FY 1 03/02/2022 Finance Committee, Review the Business Registry Certificate and Business Improvement District FY 2023 Processes and recommendation to City Council on the Renewal Processes https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/finance- committee/2022/20220301/20220301pfcs-linked.pdf 2 04/04/2022 City Council, Approve Finance Committee Recommendation for FY 2023 to (a) Return to the Customary Pre-Pandemic Business Registry Certificate Requirement and Fee, and (b) Pause for One Year the Downtown Business Improvement District Assessment Program https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-agendas- minutes/2022/20220404/20220404pccsmamendedlinked1.pdf 3 05/04/2020 City Council, BRC Fee Waiver Resolution https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-cmrs/year-archive/2020/id- 11219.pdf?t=68883.69 4 06/07/2021 City Council, Resolution to suspend assessments for FY22 (BID) https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-cmrs/year-archive/2021/id- 12255.pdf Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 2  Packet Pg. 34 of 146  2023 (CMR 139015). At the public hearing, should Council decide to not levy an assessment for FY 2024, it will adopt another resolution confirming that decision. This two-step process is required under state law. During the FY 2024 period staff will work with representatives from PADBPA and the Chamber to do outreach to businesses to help identify priority projects that the BID assessment can go towards and look at different structures for management of the BID. Relevant to considering options for the BID is discussion of dissolving the BID should Council want to review that option in the future. Dissolving the BID would require separate Council action. Staff will include this alternative as background in the upcoming discussions with the business community on the path forward for the BID. In spring 2023 businesses will be asked to register for the business registry certificate (BRC) program as usual and not the BID should Council approve the resolution. In addition to the BRC program, businesses will be engaged in the new business tax program with the first payment due in January 2024. Updates on the implementation of the business tax can be found here6. FISCAL/RESOURCE IMPACT The BID is set up as a separate fund within the City’s accounting system. In recent years, the BID has required a General Fund subsidy as collected assessments fell short of the costs of operating the BID. The subsidy amounted to $70,000 in FY 2020. Historically, the City acts as the collection agent for BID revenues and reimburses PADBPA’s expenses after receipt and verification of invoices. With the BID on pause, an estimated $80,000 will not be collected and no BID business activities will be provided. In the past business activities have included the streetlight banner program, Lytton Plaza enhancements, and summer concerts among others. Additional staff resources include time from the City Manager’s Office and Administrative Services Department to provide oversight to the BID, administer the contract with Avenu Insights (the third-party administrator for both BID and BRC) liaise with stakeholders, and prepare the annual reauthorization. STAKEHOLDER ENGAGEMENT Staff has met and coordinated with members of PADBA and the Chamber of Commerce in preparation of these recommendations. In FY 2024 staff will work with these entities to develop options for a new management agreement for the BID. 5 04/04/2022 City Council, Approve Finance Committee Recommendation for FY 2023 to (a) Return to the Customary Pre-Pandemic Business Registry Certificate Requirement and Fee, and (b) Pause for One Year the Downtown Business Improvement District Assessment Program https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-council-agendas- minutes/2022/20220404/20220404pccsmamendedlinked1.pdf 6 https://www.cityofpaloalto.org/Business/Business-Tax-Implementation-Details Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 3  Packet Pg. 35 of 146  ENVIRONMENTAL REVIEW The proposed action is not a project for the purposes of the California Environmental Quality Act. ATTACHMENTS Attachment A: Resolution Declaring Intention to Not Levy Assessments Within the Downtown Palo Alto Business Improvement District for Fiscal Year 2024; and Setting a Time and Place for a Public Hearing on the Proposed Decision Not to Levy Assessments on May 15, 2023 at 5:00 PM or Thereafter, in the Council Chambers APPROVED BY: Kiely Nose, Assistant City Manager Item 4 Item 4 Staff Report        Item 4: Staff Report Pg. 4  Packet Pg. 36 of 146  NOT YET ADOPTED  1  267_20230411_ts24  Resolution No. _____  Resolution of the Council of the City of Palo Alto Declaring Its Intention to Not  Levy Assessments Against Businesses Within the Downtown Palo Alto Business  Improvement District for Fiscal Year 2024; and Setting a Time and Place for a  Public Hearing on the Proposed Decision Not to Levy Assessments on May 15,  2023 at 5:00 PM or Thereafter, in the Council Chambers      R E C I T A L S     A. The Parking and Business Improvement Area Law of 1989 (the "Law"), California  Streets and Highways Code Sections 36500 et seq., authorizes the City Council to levy an  assessment against businesses within a parking and business improvement area which is in  addition to any assessments, fees, charges, or taxes imposed in the City.     B. Pursuant to the Law, in 2004 the City Council adopted Ordinance No. 4819 establishing  the Downtown Palo Alto Business Improvement District (the "District") in the City of Palo Alto.     C. The City Council, by Resolution No. 8416, appointed the Board of Directors of the Palo  Alto Downtown Business & Professional Association (“PADBPA”), a California nonprofit mutual  benefit corporation, to serve as the Advisory Board for the District (the "Advisory Board").     D. Beginning in March of 2020 and continuing through the present, Downtown businesses  have substantially impacted by the COVID‐19 pandemic, the public health measures taken to  reduce the spread of the virus, and the resulting statewide economic contraction. In recognition  of these impacts, the City Council refunded fiscal year 2020 BID assessments and declined to levy  assessments in fiscal years 2021, 2022, and 2023.       E. As California emerges from the pandemic, local businesses are experiencing additional  impacts from changes in on‐site and remote work patterns and other developments in the local  economy. In addition, PADBPA is experiencing organizational changes.      F. In recognition of the challenges continuing to effect downtown businesses and  understanding the need for a new direction on BID management, the City Council has determined  not to levy BID assessments for fiscal year 2024 (July 1, 2023 through June 30, 2024).    NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:     SECTION 1. The Council hereby adopts the above Recitals as findings of the Council.     SECTION 2. Based on the findings herein, the Council intends not to levy or collect  assessments for the District for fiscal year 2024 (July 1, 2023 through June 30, 2024). The District  Item 4 Attachment A - Resolution Declaring Intention to Not Levy Assessments Within the Downtown Palo Alto Business Improvement District for Fiscal Year 2024 and Setting a Time and Place for a Public Hearing on the Proposed Decision Not to Levy Assessments on May 15, 2023 at 5 00 PM or Thereafter, in the Council Chambers        Item 4: Staff Report Pg. 5  Packet Pg. 37 of 146  NOT YET ADOPTED  2  267_20230411_ts24  shall remain in effect and the Council will consider the levy of assessments for following fiscal  years.     SECTION 3. The City Council hereby fixes the time and place for a public hearing on the  proposed determination not to levy assessments against any businesses within the District for  fiscal year 2024 as follows:    DATE: May 15, 2023  PLACE: Conducted simultaneously in person at Palo Alto City Hall (250 Hamilton Avenue,  Palo Alto, CA) and via Zoom  TIME: 5:00 p.m. or soon thereafter     At the public hearing, the testimony of all interested persons regarding the determination not to  levy assessments against any businesses within the District for fiscal year 2024 shall be heard.     SECTION 4. The City Clerk is hereby authorized and directed to provide notice of the  public hearing in accordance with the law.    SECTION 5. The Council finds that the adoption of this Resolution does not meet the  definition of a project under Section 21065 of the California Environmental Quality Act and,  therefore, no environmental impact assessment is necessary.       INTRODUCED AND PASSED:  AYES:  NOES:  ABSENT:  ABSTENTIONS:  ATTEST:                            City Clerk           Mayor    APPROVED AS TO FORM:                                        _________________________  Assistant City Attorney       City Manager                               _________________________               Director of Administrative Services  Item 4 Attachment A - Resolution Declaring Intention to Not Levy Assessments Within the Downtown Palo Alto Business Improvement District for Fiscal Year 2024 and Setting a Time and Place for a Public Hearing on the Proposed Decision Not to Levy Assessments on May 15, 2023 at 5 00 PM or Thereafter, in the Council Chambers        Item 4: Staff Report Pg. 6  Packet Pg. 38 of 146  City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: April 24, 2023 Report #:2304-1289 TITLE Approval of Minutes from April 10, 2023 Meeting RECOMMENDATION That the minutes be reviewed and approved. ATTACHMENTS Attachment A: April 10, 2023 Draft Minutes APPROVED BY: Lesley Milton Item 5 Item 5 Staff Report        Item 5: Staff Report Pg. 1  Packet Pg. 39 of 146  CITY COUNCIL DRAFT ACTION MINUTES Page 1 of 4 Special Meeting April 10, 2023 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:00 P.M. Present In Person: Burt, Kou, Lauing, Stone, Tanaka, Veenker Present Remotely: Lythcott-Haims Absent: Special Orders of the Day 1. Proclamation Honoring Public Safety Telecommunicators’ Week April 9-15, 2023 2. Palo Alto Day Recognitions Study Session 3. Report and Discussion on Community Engagement Activities Planned to Implement the City’s Workplans for Calendar Year 2023 Agenda Changes, Additions and Deletions Public Comment Consent Calendar Council Member Tanaka registered a no vote on Agenda Item Number 8. MOTION: Mayor Kou moved, seconded by Council Member Veenker to approve Agenda Item Numbers 4-9. Item 5 Attachment A - April 10 Draft Action Minutes        Item 5: Staff Report Pg. 2  Packet Pg. 40 of 146  DRAFT ACTION MINUTES Page 2 of 4 Sp. City Council Meeting Draft Action Minutes: 04/10/2023 MOTION SPLIT FOR THE PURPOSE OF VOTING AGENDA ITEMS 4-7, 9 PASSED: 7-0 AGENDA ITEMS 8 PASSED: 6-1, Tanaka no 4. Approval of Minutes from March 27, 2023 Meeting 5. SECOND READING: Adopt an Ordinance to Expand the Human Relations Commission (HRC) from Five to Seven Members; CEQA status – not a project (FIRST READING: March 27, 2023 PASSED 7-0) 6. Approval of Contract Amendment No. 1 to Contract No. S20175534B with HdL Coren & Cone in the Amount of $8,400 and to Extend Term Six Months Ending September 2023 for Property Tax Information and Reporting Services; CEQA Status – Not a Project 7. Agreement with Stanford University to provide $744,000 in funding for expanded Palo Alto Link (PAL) on-demand transit services; Contract Amendment No. 1 with Nomad Transit, LLC (Via) to increase total contract amount not to exceed $3,244,000 for up to two years; and Associated Budget Amendment in the General Fund. CEQA status – not a project. 8. Approval of a Purchase Order with The Public Restroom Company in the Amount of $596,556 to Provide and Install Modular Restroom Buildings at Rinconada and Ramos Parks for the Rinconada Park Improvements Capital Improvement Program Project (PE- 08001) and Park Restroom Installation Capital Improvement Program Project (PG-19000), including $542,324 for basic services and $54,232 for additional services and Approval of Budget Amendments in the Parks Development Impact Fee Fund and Capital Improvement Fund; CEQA status – Section 15303 exempt 9. Approval of an Updated Residential Winter Gas and Electric Rebate Program to Mitigate Extraordinarily High January 2023 Customer Bills, Including Repeal and Replacement of the Gas Rebate Program and Budget Appropriation adopted on March 27, 2023 and Approval of Budget Amendments in the General Fund, Electric Fund, and Gas Fund, at a Total Cost of up to $2,468,385; CEQA: Not a project under CEQA Guidelines sections 15378(b)(4) and (5). City Manager Comments Ed Shikada, City Manager Item 5 Attachment A - April 10 Draft Action Minutes        Item 5: Staff Report Pg. 3  Packet Pg. 41 of 146  DRAFT ACTION MINUTES Page 3 of 4 Sp. City Council Meeting Draft Action Minutes: 04/10/2023 Action Items 10. Approval of the Electric Utility Construction Services Contract With VIP Powerline Corp. (C23185980) for a Total Not-to-Exceed Amount of $20,000,000 Over Five Years; CEQA status – exempt (existing facilities, replacement or reconstruction) MOTION: Mayor Kou moved, seconded by Council Member Lauing to approve and authorize the City Manager to execute the construction contract C23185980 (Attachment A) with VIP Powerline Corp. (VIP) in an amount not-to-exceed $20,000,000 over five (5) years, with an annual not-to exceed amount of $4,000,000 for Electric Construction Services to provide essential ongoing operational work including construction maintenance and system improvement work on the City’s electric distribution system at various locations throughout the City of Palo Alto. MOTION PASSED: 6-1, Tanaka no 11. Consideration of additional 2023 Council Priority Objectives MOTION: Mayor Kou moved, seconded by Council Member Burt to approve additional priority objectives listed in Table #1 and identified to be completed in calendar year 2023: New objectives #2, 5, 8, 9, 13 in table 1 and do the following: • Add # 10 as an ad hoc committee • Amend objective iii as follows: Continue engagement with the San Francisco airport (instead of SFO Roundtable). MOTION PASSED: 7-0 MOTION SPLIT FOR THE PURPOSE OF VOTING MOTION: Mayor Kou moved, seconded by Council Member Burt to approve additional priority objectives listed in Table #1 and identified to be completed in calendar year 2023: New objectives # 7, 11, 12 in table 1 and do the following: • Add # 4 and # 6 initiate work by the end of the calendar year MOTION PASSED: 6-1, Tanaka no 12. Discussion and Possible Revision to 2023 Standing Committee Topics (Continued from February 13, 2023) Item 5 Attachment A - April 10 Draft Action Minutes        Item 5: Staff Report Pg. 4  Packet Pg. 42 of 146  DRAFT ACTION MINUTES Page 4 of 4 Sp. City Council Meeting Draft Action Minutes: 04/10/2023 MOTION: Council Member Burt moved, seconded by Mayor Kou to accept the 2023 Standing Committee Topics with the following additions: A. Refer to Rail Committee and Council Appointed Officer Committee to propose the scope and process for their committees B. Refer to the Finance Committee as part of FY 24 budget process to return library services and children’s theater back to pre-pandemic service levels, increase police foot and bike patrol in downtown and Cal Ave, increase HSRAP funding, and funding for youth mental health C. Refer to the Policy and Services Committee: 1) revisit city wide leaf blower ban and other machinery as soon as feasible in 2024, 2) discussion of ALPR program should be reviewed by City Auditor, Independent Police Auditor, or another department D. Refer all housing related items in the Policy and Services Committee workplan to the upcoming City Council Ad Hoc Housing Committee MOTION PASSED: 7-0 Council Member Questions, Comments and Announcements Adjournment: The meeting was adjourned at 11:35 P.M. ATTEST: APPROVED: ____________________ ____________________ City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City’s website. Item 5 Attachment A - April 10 Draft Action Minutes        Item 5: Staff Report Pg. 5  Packet Pg. 43 of 146  City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: City Manager Meeting Date: April 24, 2023 Report #:2304-1287 TITLE Review and Adoption of the Council Procedures and Protocols Handbook – Including Changes Directed by Council on January 30 and March 20, 2023 RECOMMENDATION Staff recommends review and final adoption of updated the City Council Procedures and Protocols Handbook (Attachment A). BACKGROUND The full background on this item is available in the January 30, 20231 staff report related to the City Council direction to staff in June 2021 to revise the City Council Procedures and Protocols Handbook (“the Handbook”). This included reorganizing the Handbook for clarity and ease of use and to update the Handbook to conform with law and current City Council practice. The attached drafts reflect reorganization, updates to conform with law and practice, and policy changes to the Handbook that reflect the City Council approved tentative agreements for the Handbook on January 30, 2023 and March 20, 2023. ANALYSIS Note: Staff has re-numbered much of the existing Handbook as the numbering conventions were no longer relevant when the Handbook was reorganized. The descriptions below reflect the numbering conventions in the attached draft Handbook and not previous versions. 1 January 30, 2023 Meeting Agenda and related items: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1121 (The Handbook Discussion was Item 4; Report and Action and Summary Minutes are available through the link here). Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 1  Packet Pg. 44 of 146  Staff would like to call out a few specific areas to briefly review with the City Council at the April 24 meeting: 1. Procedures Section 2.3b(2)C: General Procedures for Appearing Remotely. On further review, staff determined that AB 2449 was not intended to refer to a lost connection for a remotely participating Council member. It was intended to refer to the need to stop the meeting if the meeting broadcast to the public is interrupted or if the City could no longer take public comment from remote participants due to a technological issue. The language has been updated accordingly. A similar change was also made in Section 2.3b(5)D. 2. Procedures Section 3.1: Call to Order. Staff added new text here to reflect an option for recognizing dates of special recognition, consistent with a concurrent referral on that topic. 3. Procedures Section 3.4: Special Orders of the Day. Staff added new text here to summarize options for recognizing people, organizations, or dates of special recognition. 4. Procedures Section 3.9b(9): Cancellation of meetings or scheduling of special meeting. Staff proposes deletion of this text as current practice does not require for these items to be included on Consent but rather done administratively in consultation with the Mayor. 5. Protocols Section 1.6d: Be Cautious in Representing City Positions on Issues. Staff added new text based on the March 20 Council motion to further clarify Council member roles on regional bodies. Council should look at the language staff drafted and see if it matches Council intent. City Council worked through the entire Handbook (both Procedures and Protocols) during the two meeting dates listed above. During those two discussions, the City Council made several referrals to the Policy and Services Committee. If any of these referrals are not yet included on the Policy and Services workplan, they will be added. Those referrals include: 1. Procedures Section 1.1: Annual Organization of City Council 2. Procedures Section 5.1a(4): Video Participation for Public Comment. As an alternative, staff included text in the revised Handbook to simply note that if feasible this will be implemented. If Council is not satisfied with this clause, this text can be deleted and the item fully evaluated at committee. 3. Procedures Section 8.2: Censure language was referred to committee for further development. 4. Protocols Section 2.2: Refrain from Lobbying Board and Commission Members. 5. Protocols Section 2.8: The Role of Council Liaison to Boards or Commissions. Council recommended involving the Board/Commission Chairs in this process. 6. Protocols Section 4: International Travel 7. Protocols Section 4.1: Miscellaneous Expenditures. Council referral for the committee to discuss the establishment of appropriate parameters for Council discretionary expenditures and whether to allocate $2,000 annually from the Council contingency fund for each Council member to decide its purpose. Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 2  Packet Pg. 45 of 146  City Council also asked staff to draft language in response to the intent of some City Council actions at the January and March discussions. Staff drafted the language included as tracked changes in the redlined Handbook document and also summarized here In Attachment A. Lastly, in going through the document to further clean it up in this proposed final version, staff also made a few other changes which are in tracked changes in the document and summarized in Attachment A as well. The ”redlined” version of the Handbook is Attachment B and the "clean” version of the Handbook is Attachment C. FISCAL/RESOURCE IMPACT No further funding is needed for this City Council action. Upon adoption, staff and the copy editor will review the document once more to ensure all formatting and typos, Table of Contents, etc. are addressed throughout the Handbook. STAKEHOLDER ENGAGEMENT Staff has engaged the City Council throughout this process including discussions at the Policy and Services Committee. ENVIRONMENTAL REVIEW This is not considered a project as defined by CEQA and no review is required. ATTACHMENTS Attachment A: Summary of Tracked Changes Attachment B: Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook Attachment C: Clean Copy of 4.13.23 Council Procedures and Protocols Handbook APPROVED BY: Ed Shikada, City Manager Item 6 Item 6 Staff Report        Item 6: Staff Report Pg. 3  Packet Pg. 46 of 146  1 ATTACHMENT A Summary of Tracked Changes in April 13 Handbook Draft City Council also asked staff to draft language in response to the intent of some City Council actions at the January and March discussions. Staff drafted the language and included as tracked changes in the redlined Handbook document and also summarized here. In going through the document to further clean it up in this proposed final version, staff also made a few other changes that are listed as “Staff Generated Changes” below. Staff-Drafted Language Per Council Action: 1. Procedures Section 1.2a(4): Function of Committees. Staff updated this text to reflect the January 30 City Council motion. 2. Procedures Section 1.2a(7): Public Participation at Committees. Staff updated this text to reflect the clerical change suggested by Council. 3. Procedures Section 1.2a(8): New Standing Committees. Staff updated this language as a new reorganized section reflecting City Council action. 4. Procedures Section 1.2f: Ad Hoc Committees. Staff deleted text to reflect the clerical change suggested by Council. 5. Procedures Section 2.3b(1): Number of Remote Appearances. Staff updated this language to reflect the Council motion for up to 5 remote appearances per legislative body per year. 6. **Procedures Section 2.3b(2)C: General Procedures for Appearing Remotely. Staff updated this language to clarify that the AB 2449 law for this section was not intended to refer to a lost connection for a remotely participating Council member. It was intended to refer to the need to stop the meeting if the meeting broadcast to the public is interrupted or if the City could no longer take public comment from remote participants due to a technological issue. A similar change was also made in Section 2.3b(5)D. 7. Procedures Section 2.4: Colleagues’ Memos. Staff updated the last paragraph to reflect the Council motion language. 8. Section 3: Order of Agenda. City Managers Comments and Council Member Questions, Comments and Announcements were moved according to January 30 Council action: City Manager Comments, then Council Member Questions, Comments and Announcements, then Consent Agenda. 9. Procedures Section 3.2a(4): Attendance. Staff updated this text per Council’s request to clerically update the text to reflect current practice. 10. Procedures Section 4.3o: Council member speaking time. Staff updated text to reflect the Council motion. 11. Procedures Section 5.1d: Gaining Permission to Speak. Staff crafted language based on the Council motion to make it clear to the public of when public comment signups conclude. Item 6 Attachment A-Handbook Summary of Changes April 13        Item 6: Staff Report Pg. 4  Packet Pg. 47 of 146  2 12. Procedures Section 5.1f: Record of Speakers. Staff made a clerical change based on Council suggestion that not all public speakers are in person. 13. Procedures Section 6.1: Submit Questions on Council Agenda Items Ahead of the Meeting. Staff updated text with the Council motion. 14. Procedures Section 7: Council Values and Annual Council Priorities. Staff reorganized this section and also incorporated the Council motion changes to the values statement and the process. 15. Protocols Section 1.4a: Conduct of Members. Staff drafted language to reflect the Council motion. 16. Protocols Section 1.6c: Council Voting Delegate Authority at Conferences / Annual Meetings. Staff drafted language to reflect the Council motion. 17. Protocols Section 1.6d: Be Cautious in Representing City Positions on Issues. Staff added new text based on the March 20 Council motion to further clarify Council member roles on regional bodies. 18. Protocols Section 4: Council Travel and Reimbursement. This entire section was updated to reflect the Council action. Section 4.2 is newly drafted language based on the March 20 Council action. 19. Protocols Section 4.2a: Expenditure of City Council Contingency Funds. Staff updated language based on the Council motion to clarify the process. 20. Protocols Section 5: Confidentiality, Conflicts of Interest, Gifts and Favors. Staff will gather resourceful links and include them here in the final draft per the Council’s clerical suggestion on March 20. ** Indicates these items were flagged for further Council discussion. Staff Generated Changes: 1. Procedures Section 1.2A(2) and (3): Attendance by Nonmembers – staff followed City Council action to update this language and in doing so, consolidated some of the 1.2A(2) language with a newly created 1.2A(3) 2. Procedures Section 1.2B: Policy and Services Committee. Staff deleted language that was outdated now that Policy and Services is a standing committee. 3. Procedures Section 1.2D: Council Appointed Officers (CAO) Committee. Staff deleted prefatory remarks paragraph as it is no longer needed. 4. Procedures Section 1.3: Respect the Work of Council Committees. Staff deleted “standing” in the title because the concept applies to all committees. 5. ** Procedures Section 3.1: Call to Order. Staff added new text here to reflect an option for recognizing dates of special recognition, consistent with a concurrent referral on that topic. Item 6 Attachment A-Handbook Summary of Changes April 13        Item 6: Staff Report Pg. 5  Packet Pg. 48 of 146  3 6. **Procedures Section 3.4: Special Orders of the Day. Staff added new text here to summarize options for recognizing people, organizations, or dates of special recognition. 7. Procedures Section 3.5: Agenda Changes, Additions, and Deletions. Staff added language here to reflect current Council practice. 8. **Procedures Section 3.9b(9): Cancellation of meetings or scheduling of special meeting. Staff proposes deletion of this text as current practice does not require for these items to be included on Consent but rather done administratively in consultation with the Mayor. 9. Procedures Section 3.8f: Council Requests to Remove Items from Consent Agenda. Staff updated this text to refer to the Municipal Code and to also reference the number of votes needed to remove an ordinance second reading from Consent. 10. Procedures Section 4.2b(10): Amend or substitute. Staff updated language to clarify the difference between amending a motion versus a substitute motion. 11. Procedures Section 8: Procedures and Protocols Review and Enforcement. Staff reorganized and updated to match current process. 12. Protocols Section 1.6d: Be Cautious in Representing City Positions on Issues. Staff moved language to this new section as it is a better placement. 13. Protocols Section 1.6d: Use of City Letterhead. Staff relocated this section. ** Indicates these items were flagged for further Council discussion. Item 6 Attachment A-Handbook Summary of Changes April 13        Item 6: Staff Report Pg. 6  Packet Pg. 49 of 146  DRAFT – April 13, 2023 1 CITY COUNCIL PROCEDURES AND PROTOCOLS HANDBOOK DRAFT as of April 13, 2023 (Redlined) Concepts Approved on January 30 and March 20, 2023 with direction to cleanup Procedures and Protocols Approved xx/xx/2023 with New Table of Contents If you have any questions about this handbook, please feel free to contact the City Clerk by phone at (650) 329-2571 and e-mail at city.clerk@cityofpaloalto.org or the City Attorney by phone at (650) 329-2171 and e-mail at city.attorney@cityofpaloalto.org. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 7  Packet Pg. 50 of 146  DRAFT – April 13, 2023 2 TABLE OF CONTENTS (note: page numbers and exact section names may be off; will be updated after Council review on April 24) SECTION TOPIC PAGE Introduction Purpose of the Manual 4 PART I CITY COUNCIL PROCEDURES 5 1 City Council Organization and Structure 5 1.1 Annual Organization of City Council 5 1.2. Council Committees 5 1.3 Respect the Work of the Council Standing Committees 9 2 General Procedures for City Council Meetings 9 2.1 Meeting Schedules, Agendas and Supporting Materials 9 2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings 10 2.3 Attendance Procedures 11 2.4 Colleagues Memos 15 3 City Council Meeting Order of the Agenda 15 3.1 Call to Order 16 3.2 Closed Sessions 16 3.3 Study Sessions 18 3.4 Special Orders of the Day 18 3.5 Agenda Changes, Additions, and Deletions 18 3.6 General Public Comment 18 3.7 Consent Agenda 19 3.8 City Manager Comments 21 3.9 Action Items 21 3.10. Council Member Questions, Comments and Announcements 21 3.11. Adjournment 21 4 Procedures At City Council Meetings 21 4.1 Council Motion and Voting Processes throughout the Agenda 21 4.2 Motion Procedures 22 4.3 Voting and Debate of Agenda Items 25 4.4 Public Hearings 27 5 How the Public Engages with the City Council 30 5.1. Public Participation During City Council Meetings 30 6 City Council Questions on Agenda-related Items 32 6.1 Submit Questions on Council Agenda Items Ahead of the Meeting 33 6.2 City Council emails for Agenda-Related Items Procedure 33 7 Annual Council Priority Setting Guidelines 34 8 Procedures And Protocols Review and Enforcement 35 8.1 Commit to Annual Review of Important Procedural Issues 35 8.2 Don’t Politicize Procedural Issues 35 8.3 Enforcement 35 Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 8  Packet Pg. 51 of 146  DRAFT – April 13, 2023 3 PART II CITY COUNCIL PROTOCOLS 37 1 City Council Conduct 37 1.1. Positive Workplace Environment 37 1.2. Comply with Law 37 1.3. City Council Core Responsibilities 37 1.4. General Member Conduct 38 1.5 Decisions Based on Merit 39 1.6 Advocacy 39 1.7 Council Conduct with City Staff 39 1.8 Use of Staff Time 41 2 City Council Conduct with Palo Alto Boards and Commissions 42 2.1 If Attending a Board or Commission Meeting Identify Your Comments as Personal Views or Opinions 42 2.2 Refrain from Lobbying Board or Commission Members 42 2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, Not Individual Council Members 42 2.4 Concerns about an Individual Board or Commission Member Should be Pursued with Tact 42 2.5 Be Respectful of Diverse Opinions 42 2.6 Keep Political Support Away from Public Forums 43 2.7 Maintain an Active Liaison Relationship 43 2.8. Role of Council to Board or Commission 43 3 Staff Conduct with City Council 43 3.1 Respond to the City Council as Fully and as Expeditiously as Possible 43 3.2 Respect the Role of Council members as Policy makers for the City 43 3.3. Demonstrate Professionalism and Non-Partisanship in All Interactions with the Community and in Public Meetings 43 3.4. It is Important that Staff Demonstrate Respect for the Council at All Times. All Council Members Should Be Treated Equally. 43 4 City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement 44 4.1 Eligible Activities 44 4.2 Out-of-Town Conferences or Meetings 44 4.3 Local or Bay Area Activities 47 4.4 Other Expenses 47 4.5 Activities Not Considered Reimbursable 47 4.6 Reports to Council 47 4.7 Violation of this Policy 47 4.8 Mayor and Vice Mayor Additional Compensation 48 4.9 Support Services 48 4.10 Miscellaneous Expenditures 48 5 Confidentiality, Conflicts of Interest, Gifts And Favors 48 Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 9  Packet Pg. 52 of 146  City Council Protocols and Procedures Handbook 4 Introduction The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption of the Handbook is requirement of the Palo Alto Municipal Code: Municipal Code 2.04.100 – Handbook of procedural rules The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind. The handbook is organized in two parts: Part I: City Council Procedures This section explains the process through which work is done and basic rules for City Council meetings including public participation guidelines. Part II: City Council Protocols This section explains conduct guidance for the City Council. If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State or Federal law, the Charter, Code, or State or Federal law shall govern. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 10  Packet Pg. 53 of 146  City Council Protocols and Procedures Handbook 5 PART I: CITY COUNCIL PROCEDURES SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE 1.1.Annual Organization of City Council The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060 provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each year. Nominations may be made by any Council member and do not require a second. Existing Language See above Proposed Additional Language (per the Dec. 13 P&S Discussion) The assignment of Mayor shall rotate based on consecutive years served and ranked by votes received in the general election. 1.2.Council Committees (a) Standing Council Committees Policy It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings. Purpose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for Palo Alto. General Requirements Council standing committees shall be subject to the following procedural rules: 1) Quorum A majority of the committee membership shall constitute a quorum. 2) Referrals Only the Council or City Manager shall make referrals to the standing committees. Referrals will generally be directed to only one of the standing committees. Items may be withdrawn from the committee and taken up for consideration by the Council at any Council meeting with the consent of a majority of the Council, and subject to any applicable noticing or agenda -posting requirements. Council members who submit matters to the Council which are referred to a standing committee may attend the committee meeting but only as an observer; they may not speak or otherwise participate in the committee meeting. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 11  Packet Pg. 54 of 146  City Council Protocols and Procedures Handbook 6 3) Attendance by Nonmembers As required by the Brown Act, Council members who are not on a committee may attend the committee meeting but only as an observer; they may not speak or otherwise participate in the committee meeting. If Council wishes to allow members who are not serving on the committee to speak, the meeting should be noticed as a meeting of the full Council, and all Council procedural requirements will apply. 3)4)Function of committees The purpose and intent of committee meetings is to expedite Council action by providing more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on City problems by both the Council committee and the public. Actions of the committee shall be advisory recommendations only to the full Council, except as to matters expressly delegated to the committee by Council. Matters requiring Council action may not be delegated (e.g., approval of contracts, employee appointment or removal, and adoption of ordinances or resolutions). 4)5)Minutes and Report of Committee The City Clerk shall be responsible for the preparation and distribution to the Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes of each committee meeting serve as the report to the Council and should be included, as appropriate, in subsequent relevant staff reports. 5)6)Agenda The chairperson presiding officer of each standing committee shall work with staff to prepare the agenda for committee meetings. Items should be scheduled as they are ready, taking into account the sequence of referral, the time required for staff research and analysis to support committee discussions, the time-sensitivity of items, and other factors as determined by the chair and City Manager. 6)7)Public Participation at Committees The chair presiding officer shall determine the time that each speaker is allotted during general public comment and public comment on agendized items. The chair will typically set individual speaker speaking time somewhere betweenat 3 and 5 minutes per speaker. If extended public participation is desired the chair may provide for a longer period; if there are a large number of speakers or many agenda items, speaking time may be shortened. 78) New Standing Committees Council may establish new standing committees as needed. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 12  Packet Pg. 55 of 146  City Council Protocols and Procedures Handbook 7 (b) Policy and Services Committee Role, Purpose, and Work Planning The Municipal Code states that the role of the Council Policy & Services Committee is to consider and make recommendations on matters referred to it by the cCouncil relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public work, and community and human services. (§2.04.220). In 2009 and 2010, the Council reviewed the purpose and structure of the Committee and adopted several recommendations. This section documents Council’s motions related to the Policy & Services Committee. Purpose Statement: The purpose of the Policy & Services Committee is to review and identify important community issues and City policies and practices to ensure good public policy. The Committee shall consider and make recommendations to Council on matters relating to parliamentary protocols, procedures and policy matters. (c) Finance Committee The Municipal Code states that the role of the Council Finance Committee is to consider and make recommendations on matters referred to it by the Council relating to finance, budget, financial audits, capital planning and debt. (§2.04.210). (d) Council Appointed Officers (CAO) Committee In addition to the Policy & Services and Finance Committees, which are described in the Municipal Code, the Mayor each year appoints members to two additional committees that have continuing subject matter jurisdiction and are not intended to be temporary: the Council Appointment Officers (CAO) Committee, and the City-Schools Liaison Committee. The CAO Committee meets on an as-needed schedule to address issues that Council has referred to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City Clerk and City Auditor. For example, the committee may be tasked with duties related to performance evaluations, compensation, and the filling of vacancies. (e) City Schools Liaison Committee The City-Schools Liaison Committee is composed of two Council members and two members of the Board of Education of the Palo Alto Unified School District. The committee’s purpose is to share information, collaborate, and coordinate on issues related to Palo Alto’s school-aged children and youth. (f) Ad Hoc Committees Policy The Council may create Ad Hoc Committees or the Committee of the Whole on a limited basis where necessary to study City business in greater depth than what is possible in the time allotted Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 13  Packet Pg. 56 of 146  City Council Protocols and Procedures Handbook 8 for Council and Standing Committee meetings. Purpose These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees and to set up guidelines for creation of Ad Hoc Committees. General Requirements Council Ad Hoc Committees shall be subject to the following procedural rules: 1) Definition of Ad Hoc Committee An Ad Hoc Committee is a temporary advisory committee composed solely of less than a quorum of members of the Council or any Council Standing Committee. The work of an Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended to be perpetual but rather to be dissolved in a finite period time, once its specific task is completed. By contrast, a Standing Committee has continuing subject matter jurisdiction over a variety of related topics. 2) Brown Act The procedural requirements of the Brown Act apply to all committees that have either: (a) continuing subject matter jurisdiction over a matter or group of related matters; or (b) a regular meeting schedule set by Council action. All Standing Committees are Brown Act bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are temporary bodies, formed for the purpose of addressing a limited or single purpose, include only members of Council, and do not have a regular meeting schedule set by Council action. When Council creates an Ad Hoc committee that is not a Brown Act body, Council may, at its discretion, direct that the committee follow Brown Act procedures. 3) Creation and Appointment The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer members of the Council to serve. In contrast, only the Council and not the Mayor alone can create a Standing Committee. The Mayor makes appointments to Standing and Ad Hoc Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or him, and its membership and stated purpose. The Clerk and shall post this information on the City Council website. The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee. 4) Duration Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does not complete its task by the end of the calendar year, it shall not continue unless reappointed by the new Mayor in the following year. 5) Members Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall not include any other persons, including members of other legislative bodies. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 14  Packet Pg. 57 of 146  City Council Protocols and Procedures Handbook 9 6) Reporting Ad Hoc Committees shall report their recommendations to the Council in the timeframe directed by Council. Any Council Member may ask during ‘Council Member Questions, Comments And Announcements’ that an updated Ad Hoc Committee report be placed on an upcoming meeting agenda. 7) Termination of Ad Hoc Committee by Majority of Council A majority of the Council may vote to terminate any Ad Hoc Committee following placement of the issue on an agenda. 8) Conclusion A public announcement shall be made any time the Ad Hoc Committee has concluded its work and/or upon dissolution. 1.3.Respect the Work of the Council Standing Committees [UPDATED to reflect current practice] Council should respect the work of the StandingCouncil Ccommittees, as their purpose is to provide focused, in-depth discussion of issues to help inform and expedite Council business. If a matter is taken forward to the full Council for approval after receiving a unanimous vote at Ccommittee, the item will be placed on the Consent Calendar, unless otherwise recommended by the Ccommittee, Mayor, City Attorney or City Manager. * * * SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This purpose recognizes the value of establishing a community understanding of meeting procedures so that broad public participation is encouraged. This purpose also recognizes that Council members must have a common approach to the discussion and debate of City business so that meetings are both streamlined and thorough. These are guidelines, rather than rules. The Council intends that City staff and Council members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, unfairness, or the promotion of form over substance. In addition to Council-adopted guidelines, State law establishes a variety of mandatory meeting rules that the City must follow in order to assureensure open and public government and fair process, regardless of unusual situations and consequences. (See Cal. Govt Code section 54950.) 2.1. Meeting Schedules, Agendas and Supporting Materials (a) Meeting Schedules for Regular and Special Meetings The City Council generally conducts two different kinds of meetings: Rregular Mmeetings and Sspecial Mmeetings. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 15  Packet Pg. 58 of 146  City Council Protocols and Procedures Handbook 10 The Municipal Code provides that regular City Council meetings are conducted at City Hall on the first three Monday nights of each month, except during the Council’s annual summer and winter recesses, at 6 p.m. The Council also schedules periodic special meetings, which are meetings on any day or time other than the regular meeting time. This may include meetings on the regularly-scheduled first three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday, or meetings scheduled on any other day or time. The Mayor or Council may call a Sspecial meeting on a minimum of 24 hours’ notice. Special meetings need not be held at City Hall, as long as the alternate location is within the City. The Council makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session. (b) Posting of Agendas Under the Brown Act, meeting agendas must be posted no later than 72-hours prior to regular meetings and 24-hours prior to special meetings. It is City policy to make every effort to post the agenda on Thursday, 11 days prior to Monday meetings, whether regular or special. Agendas are posted in King Plaza by the elevators and are uploaded to the City Council web page. (c) Supporting Reports and Materials (exist. Procedures 2.3.2) It is City policy to make every effort to provide supporting reports and materials at the time the agenda is posted. Typically, this will occur 11 days before the meeting. Materials that are not available at the time of agenda posting will be distributed as soon as feasible before the meeting. Materials that are distributed to a majority of Council will be made available to the public at the same time, as required by law. Some materials, such as presentation materials or “supplemental memoranda” (previously referred to as “at places” memoranda) may be distributed to Council members and the public at the meeting. (d) Late Submittal of Correspondence or Other Information Related to Planning Applications In order to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council must be submitted to staff not later than noon five (5) working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council members or staff, and staff determines additional review is needed, staff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant, or receives other significant material related to the application from any source, he or she shall notify the City Clerk and the City Manager as soon as possible so that all relevant material can be entered into the official record and made available to all parties and the public. At the meeting the City Council may determine whether to continue or refer the item to the appropriate Bboard and/or Ccommission if significant changes to a project or significant new information become known. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 16  Packet Pg. 59 of 146  City Council Protocols and Procedures Handbook 11 2.2. The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted, including review of approximate time allocation of Staff Report presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard. The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are invited and expected to attend the pre-Council meetings with the City Manager, and other CAOs, and Ddepartment Mmanagers. The Mayor and Vice Mayor’s role is to represent the interest of the entire Council. 2.3. Attendance Procedures (a) Attendance Required Council members, the City Clerk, City Attorney, and City Manager, along with any other City officers and department heads that have been requested to be present, shall take their regular stations in the Council Chambers at the start of every scheduled meeting. The presiding officer will ensure that each meeting will include at least one 10-minute break. The Council expects its members to attend regularly and notify the City Clerk of any planned absences. The Council may levy fines of up to $250.00 against Council members who willfully fail to attend meetings (PAMC section 2.04.050). (b) Remote Attendance of Council Members at Council and Committee Meetings Council members are strongly encouraged to attend meetings in person. State law allows Council members to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are described below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. 1) Number of Remote Appearances Remote attendance shall be permitted not more than 3 five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for each Council committee). This includes remote attendance at meetings of Council and Council committees. AB 2449 rules still apply which state that no more than two meetings may be attended remotely during a calendar year for “just cause,” as described below. 2) General Procedures for Appearing Remotely Council members must follow mandatory procedures set forth in State law. At any meeting where a Council member is attending remotely, the following requirements must be met: Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 17  Packet Pg. 60 of 146  City Council Protocols and Procedures Handbook 12 (A) At least a quorum of the Council must participate from a singular physical location within the City. (B) The agenda must identify and include an opportunity for the public to attend and directly address the council member through a call-in option, an internet-based service option, and in-person at the location of the meeting. (C) Council members may not take action if there is an unresolved disruption to the meeting broadcast, to a remote council member’s audio or visual feed, or to the ability to take call-in or internet-based public comment. If these above threshold requirements are met, the Council member attending remotely must ensure they follow the procedures associated with either Standard Remote Attendance or AB 2449 Remote Attendance. 3) Standard Remote Attendance Procedures A Council member attending remotely using these procedures must ensure that: (A) The meeting agenda identifies the remote attendance location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to a regular meeting and 24 hours prior to a special meeting. (B) The remote attendance location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. (C) The remote attendance technology used is open and fully accessible to all members of the public, including those with disabilities. (D) Members of the public who attend the meeting at the remote attendance location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. (E) The remote attendance location must not require an admission fee or any payment for attendance. (F) If the meeting will include a closed session, the Council Member must ensure that there is a private location available for that portion of the meeting. A private location means a closed room such that no other person can hear any portion of the closed session. If the Council Member intending to follow the procedures of Standard Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using Standard Remote Attendance procedures. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 18  Packet Pg. 61 of 146  City Council Protocols and Procedures Handbook 13 4) Standard Remote Attendance Guidelines (A) Five days written notice in advance of the publication of the agenda must be given by the Council member to the City Clerk’s office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to, if a hard copy is requested. (B) The Council member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council member requests; however, it is the Council member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above. (C) The Council Member must ensure that the location will be publicly accessible while the meeting is in progress. (D) The Council Member must state at the beginning of the Council meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location. 5) AB 2449 Remote Attendance Procedures A Council member attending remotely using these procedures must ensure that: The Council member has either “just cause” or “emergency circumstances” that require remote participation, as required by AB 2449. (A) Just cause. i.“Just cause” is defined as: a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance, b. a contagious illness that prevents in-person attendance, c. a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or d. travel while on the business of a state or local agency. ii. Notice. A Council member with “just cause” to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely and provide a general description of the circumstances. (B) Emergency Circumstances. iii. The Council member is facing “emergency circumstances” that justify remote attendance and the Council or Council committee approves of their remote attendance pursuant to AB 2449. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 19  Packet Pg. 62 of 146  City Council Protocols and Procedures Handbook 14 iv.“Emergency circumstances” is defined as: a physical or family medical emergency that prevents a Council member from attending the Council meeting in person. v.i.Notification and acceptance. a.A Council member attending remotely due to “emergency circumstances” must notify the Council or Council committee and the City Clerk at the earliest possible opportunity. b.The Council or Council committee must request a general description of the circumstances relating to the council member’s need to appear remotely. The description does not need to have more than 20 words, and the Council member does not have to disclose any personal medical information. c.At the earliest opportunity available to it, the Council or Council committee must, by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body must take action on the request at the beginning of the meeting by majority vote. (B)(C)Disclosures. Council members attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. (C)(D)Technology. Council members attending remotely shall participate using both audio and visual technology. All technology necessary for to attend remotely must function at all times, which must include two-way, live audio and visual communication. If the Council member intending to follow the procedures of AB 2449 Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 20  Packet Pg. 63 of 146  City Council Protocols and Procedures Handbook 15 6) AB 2449 Remote Attendance Sample ScriptsGuidelines At the start of the meeting, the Council member attending remotely may use the following language to identify under which provision they are attending remotely: Provision 1Just Cause: “I have just cause to attend this meeting remotely under AB 2449. I have not attended a meeting remotely due to just cause more than once this calendar year. I have attended [NUMBER] meetings remotely this calendar year. I must attend this meeting remotely because… 1. “… I must provide caregiving to [RELATION].” 2. “… a contagious illness prevents me from attending in person.” 3. “… I have a need related to a disability which could not be accommodated at this meeting.” 4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].” “In this room, I am accompanied by… 5. “…no one over the age of 18.” 6. “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].” Provision 2Emergency Circumstances: “Due to emergency circumstances, I request to attend this meeting remotely under AB 2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL OR FAMILY] medical emergency I am facing requires my remote attendance because [BRIEF DESCRIPTION].” 2) “In this room, I am accompanied by… 3) “…no one over the age of 18.” 4) “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].” 2.4. Colleagues’ Memos Council members may bring forward a colleagues’ memo on any topic to be considered by the entire Council. A minimum of two Council members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for consideration of a motion by the Council. Up to three Council members may sign a colleague memo. To comply with the Brown Act, three is the maximum number Council members who may discuss or sign onto a colleagues’ memo. Prior to preparing a colleagues’ memo, Council members should consult with the City Manager to determine whether the City Manager is able to address the issues as part of their operational authority and within current budgeted resources. Colleagues memos should haveinclude a section drafted by the City Manager that identifies any potential staffing or fiscal impacts of the contemplated action. Council members shall provide a copy of the proposed memo to the City Manager and City Attorney prior to finalization. Completed Council colleagues’ memos should be provided to the City Manager, City Attorney and City Clerk with as much advance notice as possible, to provide time for staff to prepare the resource impact section and prepare the memo for placement on the agenda. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 21  Packet Pg. 64 of 146  City Council Protocols and Procedures Handbook 16 The Council will not take action on the night that a colleagues’ memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo. The Council will discuss the colleagues’ memo and refer it to a committee or direct the City Manager to agendize the matter for Council action. Action may be taken immediately by the Council on colleagues’ memos where there are no resource or staffing implications, or where these implications are fully outlined in the colleagues’ memo. The Brown Act requires that the public be fully informed of the potential action by the Council when the agenda is published. In order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the colleagues’ memo contains all actions that the Council members want completed on the night of the Council review. Council members nearing the end of their term desiring to submit a colleagues’ memo should consider submittal timing and steps needed in order to ensure Council discussion prior to the end of their term. Staff will make best efforts to agendize such memos prior to the end of the Council term. Existing Language None Proposed New Language Non-urgent Colleagues Memos that will not result in actions completed by the end of the year will not be accepted between the date of an election that includes election of new Council members and the swearing in of a new Council. * * * SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA (exist. Procedures 2.4) City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below, except as determined otherwise by the Mayor in consultation with the City Manager. In setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in the agenda-setting process if needed. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda items that shall be taken up first or at a specific time during the course of the meeting (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a majority vote of those present: Call to Order Special Orders of the Day Study Session and/or Closed Session Agenda Changes, Additions and Deletions General Public Comment City Manager Comments Council Member Questions, Comments and Announcements Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 22  Packet Pg. 65 of 146  City Council Protocols and Procedures Handbook 17 Consent Agenda Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as one item. City Manager Comments Action Items Council Member Questions, Comments and Announcements Adjournment Items Considered After 10:30 p.m.: The Council makes every effort to end its meetings before 11 p.m. With that goal in mind, the Council generally does not start discussion of new matters after 10:30 p.m. Before 10 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 p.m. and, if so, which specific items will be taken up. 3.1. Call to Order The meeting can be called to order in recognition of a holiday or special designation to bring awareness and show appreciation of that holiday or special designation. The Mayor will determine such recognitions in consultation with the Manager, and dates will primarily originate from a calendar adopted by the Council. 3.2. Closed Sessions [UPDATED to comply with law and reduce repetitive language] Closed sessions are the only part of a Council meeting that the public cannot attend though they are allowed toto the public may make public comments before the start of the closed session. Council may meet in closed session only as specifically authorized by State law. The most common types of closed sessions are labor negotiations, litigation, employment issues, and real estate negotiations. The Council will make a public report after the session where required by State or local law. (a) Closed Session Requirements 1) Announcements Before Closed Sessions The Mayor/City Clerk shall announce the item or items to be considered in closed session by reference to the appropriate agenda number or letter, or in an alternate form that shall be provided by the City Attorney. 2) Public Comments Members of the public are permitted to make public comments on closed session matters. The City Clerk shall be present in the open session to record Council attendance and any statements made by the public or by the Council. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 23  Packet Pg. 66 of 146  City Council Protocols and Procedures Handbook 18 3) Vote to Go Intointo Closed Session The Council shall vote to go into closed session. 4) Attendance The City Manager and City Attorney, or their designees, shall attend closed sessions unless it is necessary to excuse them. Additional staff shall attend as and consultants may attend, but only to the extent that their attendance is necessary to support Council’s consideration of the itemand then only if the legal privileges of confidentiality obtained in an executive session are maintained. 5) Public Reports State and local Llaw and a Palo Alto initiative require the Council to make a public report after a closed session when certain kinds of actions are taken (PAMC section 2.04.030). Reports from closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City representative as designated by the Council. Such designated person is the only individual authorized to make public statements concerning the closed session. It is the policy of the Council to inform the public of action taken in closed session to the greatest extent possible. It is recognized, however, that the need for confidentiality is inherent in closed sessions and that certain matters if revealed may be a detriment to the results desired. The Council shall publicly report: (A) any decision to appoint, employ, or dismiss a public employee and the roll call vote thereon at its next public meeting; (B)actions related to litigation and the roll call vote on such actions, unless the report would, in the written opinion of the City Attorney for specifically stated reasons, clearly jeopardize the City’s ability to effectuate service of process on one or more unserved parties or impair the City’s ability to resolve the matter through negotiation, mediation or other form of settlement. Notwithstanding the City Attorney's written opinion, the Council may under any circumstance, by majority vote, determine that it is in the City's best interests to disclose actions taken in closed session related to litigation. The public report shall be given as soon as possible, but no later than the next regular meeting, and shall include the vote or abstention of every member present. The City Attorney’s written opinion shall be made public, along with any action taken and any vote thereon, as soon as any litigation is concluded. The City Attorney shall record any action and vote upon such forms as the City Attorney may deem desirable;. (B)(C)Other matters as required by law. 6) No Minutes No minutes of closed sessions shall be kept. The City Attorney shall record the information necessary to comply with State law and Municipal Code section 2.04.030. 7) Confidentiality No person in attendance at a closed session may disclose the substance or effect of any matter discussed during the session (PAMC section 2.04.040), except to the extent Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 24  Packet Pg. 67 of 146  City Council Protocols and Procedures Handbook 19 authorized by a majority vote of Council or as required by a court. 3.3. Study Sessions Study Sessions are agenda items during which the Council receives information about City business in an informal setting. Study sessions are intended to be discussion items only. The Decorum rules still apply to the behavior of the Council and public. (a) Study Session Procedures 1) Time Special study sessions will be held as needed. 2) Topics and Process Study sessions are intended to be conducive to in-depth factual presentations by City staff and detailed questioning and brainstorming by Council on issues of significant interest. The Council may discuss the material freely without following formal rules of parliamentary procedure, and the Mayor shall have discretion to determine the appropriate process for conducting the study session, including when public comment will be heard. 3) Public Participation Members of the public are allowed to make public comments on study session matters at the time directed by the presiding officer. The general rules of decorum apply. 4) No Action Taken Staff may be directed to bring matters back for Council consideration at future meetings, as no action can be taken. 3.4.Special Orders of the Day Council may acknowledge a special appreciation for individuals or groups for achievements, holidays (dates included in the annual Council-adopted calendar), etc., through the Special Order of the Day. This can be done through: - A certificate of recognition for individuals linked to a certain event or holiday - Information read by Council members in honor of a group or individual - A proclamation or resolution presented to a group or individual -Informational presentation from a community group about their program. 3.5.Agenda Changes, Additions, and Deletions (a) At By majority vote, Council may change the order or delete an item from the agenda. Council may not add items to the agenda except in cases of emergency as defined by State law. (b) When the Council is unable to complete its agenda, decides to reschedule business items, the business items remaining business will generally be rescheduled as follows: Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 25  Packet Pg. 68 of 146  City Council Protocols and Procedures Handbook 20 1) Items Rescheduled to a Date Uncertain When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor shall confer on an appropriate date to reschedule the item. 2) Items Rescheduled to a Date Certain Council may reschedule an item to a specific future Council meeting. (b) Adding New Items to the Agenda Only matters on the agenda shall be taken up by the Council, except in cases of emergency, as defined by State law. 3.6.General Public Comment (see Section 5 on Public Participation for more details about “General Public Comment”) 3.7.City Manager’s Comments 3.8 Council Member Questions, Comments, and Announcements (including reports on Boards, Commissions, and Committees) The purpose of this agenda item is to allow Council to briefly ask staff about matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. If more than brief statements are desired, the item shall be agendized for a future meeting in the manner otherwise provided by these Procedures, such as by the City Manager or through a Colleagues Memo. Major policy issues and new assignments will not be discussed or considered in this item. To the extent possible, Council will confer with staff before raising matters under this agenda item. COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTSThis agenda item will generally last up to 15 minutes and the public may not comment. 3.9.Consent Agenda The Consent Agenda is the section where items not anticipated to require discussion can be presented and acted upon efficiently by Council. This generally includes administrative items; implementation of policies and programs previously approved by Council, including contracts; and other routine or non-controversial items. The Mayor and City Manager should be sensitive to high dollar value contracts and consider placing those items in the action agenda section. The consent section may include: (a) Ordinances and Resolutions The following ordinances and resolutions may appear on a consent calendar: 1) Second Reading (passage and adoption) of Ordinances. 2) Resolutions that are ceremonial in nature. 3) Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans), the Council Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 26  Packet Pg. 69 of 146  City Council Protocols and Procedures Handbook 21 Priorities, and other similar sources. 4) Budget amendments that accept funding such as grants or gifts, provided Council has previously approved the activity or program. 5) Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. 6) Clerical amendments to local laws. 7) Conforming amendments to local laws that are required by State law, except items of significant public interest. (b) Administrative Matters Including Contracts, Appointments, Approval of Applications, and Any Other Matter An administrative matter may be placed on the consent calendar if it is: 1) An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the Staff Report accompanying the item. 2) Contracts for which the subject or scope of work has been previously reviewed by the City Council. 3) A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include routine maintenance contracts, annual audit agreements software and hardware support agreements, janitorial services, and copier agreements or postage machine agreements. 4) Designation of heritage trees. 5) Designation of historic building at the request of the property owner if there are no unusual policy ramifications. 6) Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity. 7) Items identified in the Municipal Code for placement on Consent. This includes, for example, certain appeals of determinations of the Director of Planning and Development Services. 8) Approval of minutes. 9)Cancellation of meetings or scheduling of special meeting. 10) Referral of an item to a Standing Committee, Committee, Board, Commission, or Council Appointed Officer. 11) Other similar matters as determined by the City Manager, in consultation with the Mayor. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 27  Packet Pg. 70 of 146  City Council Protocols and Procedures Handbook 22 (c) Items Unanimously Recommended for Approval by a Council Committee or Council-Appointed Board or Commission, Unless Otherwise Recommended by the Committee/Commission, Mayor, City Attorney or City Manager Items recommended unanimously for approval by Council committees and Council-appointed boards and commissions are generally placed on Consent, except as otherwise recommended by the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as required by law. (d) Public Comment on Consent Agenda Members of the public wishing to speak to items on the Consent Calendar shall be permitted to speak prior to Council Member requests to remove an item or the vote to adopt the Consent Calendar. (e) No Discussion or Debate; Voting; Recusals; Speaking to a No Vote There shall not be discussion or debate on any item on the Consent agenda. A Council member who needs to recuse themself from a Consent item shall inform the Mayor and make any public disclosure that is required. The Clerk shall record the recusal on the item. Any Council member may request that his or her vote be recorded as a "no" on any item or items on the Consent agenda. Any Consent item not receiving the number of “yes” votes required for the item is not approved. Council members may explain their "no" votes at the end of the Consent Agenda, with 3-minutes permitted for non-appeal items and 5 minutes for appeal items for each Council member. Council members may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements. (f) Council Requests to Remove Items from Consent Agenda Three Council members may request that an item be removed from the cConsent aAgenda except where otherwise required by the Municipal Code. Under the Municipal Code, If it isfour votes are required to remove a second reading of an ordinance from , it requires four Council members to request that the item be removed from the Consent Agenda. Removed items will be heard either later in the meeting or agendized for a subsequent meeting, depending upon the number of speakers, the anticipated length of the items that have been officially scheduled for discussion on a particular evening, the availability of staff required to support the discussion, and legally- required noticing procedures. The Mayor, in consultation with the City Manager, will decide when any removed items will be heard. Council members who intend to request to remove an item should strive to inform the City Manager’s office no later than noon the Sunday before the meeting. This is so that the Manager can assess the operational impacts of rescheduling a removed item to a later agenda and, if appropriate, can arrange for appropriate staff to attend Council to support consideration of the item. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 28  Packet Pg. 71 of 146  City Council Protocols and Procedures Handbook 23 3.9.City Manager Comments 3.10.Action Items 3.11. Council Member Questions, Comments and Announcements 3.12. Adjournment * * * SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS 4.1. Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V) (a) Motions, Debate & Voting Policy and Summary of Rules It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions the Council can make and when those motions are properly used. See the Summary Table below. Purpose The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business in order to create open respectful discussion and results that serve the public interest. (b) Motions A motion is a formal proposal by a Council member asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Motions may be provided to the City Clerk in advance of the City Council meeting so that the Clerk can efficiently post the motion on the screen for the convenience of the community and Council members. There are two types of motions; these are the “main” motion and any secondary motions. Only one main motion can be considered at a time. The main motion is the first motion to be made and receive a second. A secondary motion is described below which can be considered while a main motion is pending. 4.2. Motion Procedures (a) Main Motion Procedures 1) Get the Floor A Council member should seek permission of the presiding officer before making a motion. must receive the permission of the Mayor (or other presiding officer) before making a motion. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 29  Packet Pg. 72 of 146  City Council Protocols and Procedures Handbook 24 2) State the Motion A motion is made by a Council member (the “maker”) stating his or her proposal. Longer proposals can be written. 3) Second Required Any other Council member (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may “second” the motion without first being recognized. 4) Motion Transcribed The Clerk shall transcribe the motion so that Council members, the public and staff can read it. 5) Lack of a Second If there is no second stated immediately, the Mayor presiding officer should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered. 6) Discussion The maker shall be the first Council member recognized to speak on the motion if it receives a second. The seconder shall be the second Council member to speak on the motion. Generally Council members will speak only once with respect to a motion. If the Mayor presiding officer or Council permits any Council member to speak more than once on a motion, all Council members shall receive the same privilege. 7) Secondary Motions Secondary motions may be made by a Council member upon getting the floor. 8) Action After discussion is complete the Council will vote on the motion under consideration. (b) Secondary Motion Procedures Only one main motion may be entertained by Council at a time. The Council recognizes the following secondary motions which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list: The purpose of the allowed secondary motions is summarized in the following text and table. 1) Fix the time to which to adjourn This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. 2) Adjourn This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 30  Packet Pg. 73 of 146  City Council Protocols and Procedures Handbook 25 adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. 3) Take a recess This motion interrupts the meeting temporarily. It is amendable but is not debatable. 4) Raise a question of personal privilege This motion allows a Council Member to address the Council on a question of personal privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. 5) Lay on the table This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter must be reagendized in the future if further consideration is to be given to the matter. 6) Previous question This motion “calls the question” by closing debate on the pending motion. A motion for previous question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two- thirds vote of those Council members present and voting. 7) Limit or extend debate This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of those Council members present and voting. 8) Continue to a certain time This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. 9) Refer to a city agency, body, committee, board, commission or officer This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to Council, at which time subject is fully debated. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 31  Packet Pg. 74 of 146  City Council Protocols and Procedures Handbook 26 10) Amend or substitute ThisA motion to amend retains the original motion and modifies it in some way. A substitute motion deletes the original motion and replaces it with a different motion. changes or reverses the main motion. ItBoth requires a second, isare amendable, and isare debatable only when the motion to which itthey appliesy is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying a motion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely. C. Motion Process Reference Chart Motion Description 2nd Required Debatable Amendable 2/3 Vote Fix the time to which to adjourn Sets a next date and time for continuation of the meeting YES Only as to time to which the meeting is adjourned YES NO Adjourn Sets time to adjourn. Not in order if (a) repeated without intervening business (b) made as an interruption of a member while speaking; (c) the previous question has been ordered; and (d) while a vote is being taken YES Only to set the time to which the meeting is adjourned NO NO Take a recess Purpose is to interrupt the meeting YES NO YES NO Raise a question of privilege Allows member to address Council on a question of personal privilege limited to Council welfare or cases where a member’s personal integrity, character, or motives are questioned. NO NO NO NO Lay on the table Interrupts business for more urgent business YES NO NO NO Previous question (close debate or “call the question”) Closes debate on pending motion YES NO NO YES Limit or extend limits of debate Purpose is to limit or extend debate YES NO YES YES Motion to continue to a certain time Continues the matter to another, specified time YES YES YES NO Refer to committee Sends subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated YES Only as to propriety of referring, not substance of referral YES NO Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 32  Packet Pg. 75 of 146  City Council Protocols and Procedures Handbook 27 Motion Description 2nd Required Debatable Amendable 2/3 Vote Amend or substitute Modifies (or reverses course of) proposed action. Cannot raise independent question. Can amend an amendment, but no further YES Only if underlying motion is debatable YES NO Motion to Reconsider Motion that can be made only during the meeting or adjourned meeting in which the action was taken YES YES NO NO 4.3. Voting and Debate of Agenda Items (a) Presiding officer to review motion The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer and the maker of the motion should work with the City Clerk to clarify the motion before allowing debate to begin. The presiding officer may review the motion prior to voting. (b) Presiding officer may debate and vote The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council members. The presiding officer shall not be deprived of any of the rights and privileges of a Council member. (c) Division of question If the question contains two or more divisible propositions, each of which is capable of standing as a complete proposition if the others are removed, the presiding officer may, and upon request of a Council member shall, divide the same. The presiding officer's determination shall be appealable by any Council member. (d) Withdrawal of motion A motion may only be withdrawn by the maker with the consent of the Council Member seconding it. (e) Change of vote Council members may change their votes before the next item on the agenda is called. (f) Voting On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device and entered in full upon the record, except where state law requires a roll call vote (g) Failure to vote It is the responsibility of every Council member to vote unless the member is recused. No Council member can be compelled to vote. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 33  Packet Pg. 76 of 146  City Council Protocols and Procedures Handbook 28 (h) Abstaining from vote Council members should only abstain if they are not sufficiently informed about an item, e.g., when there was a prior meeting on the topic and they were unable to view the prior meeting before the current meeting. In the event of an abstention, or silence during a vote, the abstainer in effect, "consents" that a majority of the quorum of the Council members present may act for him or her. (i) Not participating A Council member who is recused from an item due to a conflict of interest, common law bias, or other legal prohibition shall make disclosures required by law, leave the dais if required, and not participate in any way in the discussion or determination of the item. A Council member may otherwise disqualify themself to avoid an appearance of impropriety. (j) Tie votes Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Council voting yes or no during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter to another date. To the extent allowed by law, it is the Council’s intention that any continuance hereunder shall suspend the running of any time in which action of the Council is required by law. Nothing herein shall be construed to prevent any Council member from recommending the agendizing of a matter that resulted in a tie vote for a subsequent meeting. (k) Motion to reconsider A motion to reconsider any action taken by the Council may be made only during the meeting or adjourned meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing side of an issue but may be seconded by any Council member. A motion to reconsider may be made at any time and shall have precedence over all other motions, or while a Council member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may be moved only once on the same motion. However, a Council member may make a motion to rescind such action at a subsequent meeting of the Council, provided an appropriate item is on the published agenda. (l) Appeal from the decision of presiding officer When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Council member. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the decision or ruling of the presiding officer is reversed. (m) Getting the floor; improper references to be avoided Every Council member desiring to speak shall address the presiding officer and, upon recognition by the presiding officer, every Council member shall be confined to the question under debate, avoiding Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 34  Packet Pg. 77 of 146  City Council Protocols and Procedures Handbook 29 all indecorous language and personal attacks. (n) Interruptions Except for being called to order, a Council member once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Council member called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Council member shall be permitted to proceed. (o) Council Member Speaking Time The presiding officer shall give each Council member up to five (5) minutes to speak in each round of discussion during discussions on Council items where discussion takes place. The Council shall follow be guided by the speaking times set by the presiding officer and shall conclude comments at the direction of the presiding officer or Vice Mayor shall enforce the speaking time set. The presiding officer shall endeavor to treat all members equitably. 4.4. Quasi-Judicial Matters (a) Quasi-Judicial Matters It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve consideration of an application to develop real property. The City, including Council and associated Boards and Commissions, reaches a determination by applying standards and requirements in existing law to the facts and evidence submitted in the hearing. Findings must be stated to explain the evidentiary basis for Council’s final decision. Purpose These rules are intended to assure that City Council decision making on quasi-judicial matters is based upon facts and evidence known to all parties and to support the role of Boards and Commissions in making independent recommendations to Council. General Requirements 1) Quasi-Judicial Proceedings Defined Quasi-judicial proceedings subject to these procedural rules include hearings involving the following matters: (A) Conditional Use Permits (B) Variances (C) Home Improvement Exceptions (D) Design Enhancement Exceptions (E) Subdivisions, other than final map approvals (F) Architectural Review (G) Other Matters as Determined by the City Attorney Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 35  Packet Pg. 78 of 146  City Council Protocols and Procedures Handbook 30 2) Restrictions on Council Communications Outside of Quasi-Judicial Hearings It is the policy of the Council to discourage the gathering and submission of information by Council members outside of any noticed public meeting, prior to final recommendations by the Architectural Review Board or Planning & Transportation Commission. The following procedural guidelines are intended to implement this policy but shall not be construed to create any remedy or right of action. 3) Identification of Quasi-Judicial Matters The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial matters on both the tentative and regular Council agendas. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the matter. 4) Council to Track Contacts Council members should track contacts with any person or entity pertaining to quasi-judicial matters. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member. 5) Disclosure When thea quasi-judicial matter is agendized at Council, Council members will disclose on the record any contacts they have had outside of a noticed meeting, identify whichany new or different information they have received, and havenote information that may significantly influenced their preliminary views or opinions about the item. The dDisclosures may be oral or written and should explain the substance of the contact so that the project applicant, other Council members, interested parties, and the public will have an opportunity to learn of the factors influencing the Council's decision and tohave an opportunity attempt to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Member from participation in a quasi-judicial matter unless the Council Member, in consultation with the City Attorney, determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item. 6) No Contacts after Hearings Following closure of a quasi-judicial hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff. 7) Written Findings Required On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 36  Packet Pg. 79 of 146  City Council Protocols and Procedures Handbook 31 to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated. 8) Rules of Evidence Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council. 9) Council Members Who are Absent During Part of a Hearing A Council member who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched the video record of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent. Council members who were absent should state for the record that they have reviewed the proceedings and materials. (b) Presenting at Quasi-Judicial Hearings In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, each individual appellant shall be given a minimum of 5 minutes for presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the Presiding Officer shall independently, or may upon advice of the City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant. (c) Submittal of Materials Directly to Council If Council Members receives planning application materials related to a quasi-judicial agenda item matters they should notify the City Clerk and the City Manager as soon as possible so that the materials can be placed in the official record and distributed to all Council members, parties to the proceeding, staff and the public. * * * Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 37  Packet Pg. 80 of 146  City Council Protocols and Procedures Handbook 32 SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL 5.1. Public Participation During City Council Meetings Overview The Council welcomes members of the public to participate in meetings through public comment opportunities. It is the policy of the Council to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government and civil, intelligent public discourse. Open government meetings must allow everyone to be heard without fear of cheers or jeers. For these reasons, the Council takes these rules seriously. Disruptive or unruly behavior in violation of the law can result in removal from the Council meeting and/or arrest and prosecution. (a) Access to Meetings 1) In-Person and Remote Participation Council meetings are available in person in the Council Chambers and through an online meeting platform. Members of the public are welcome to attend the meeting in person or to join the online meeting platform. 2) Translators Speakers may bring a translator as needed and will be allotted additional time, as appropriate. 3) ADA Access Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent with law. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650- 329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org. 4)If found feasible by staff, members of the public could be ablemay be given the opportunity to activate their personal video during their public comments. (b) Summary of Rules for Public Participation Every regular Council agenda has two different kinds of opportunities for the public to speak. The first is during General Public Comment. The second is during the public comment or public hearing portion of each agenda item. 1) General Public Comment This part of the meeting is provided so that the public can speak to any subject that is in the Council’s jurisdiction, when there is no item listed on the agenda on that topic. The Council limits the total time to up to 30 minutes per meeting for General Public Comment. State law does not permit the Council to act on or discuss an item raised at that meeting in General Public Comment. , and Council members shall not enter into debate with speakers, but Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 38  Packet Pg. 81 of 146  City Council Protocols and Procedures Handbook 33 Council members may ask brief clarifying questions and may ask City staff to follow up on any concerns raised. 2) Public comment or public hearing portion of each agenda Item The Brown Act requires the opportunity for public comment on all listed agenda items, except ceremonial items, procedural items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and Council Member Questions, Comments and Announcements). Public comments or testimony must be related to the matter under consideration. (c) Time Limits 1) Individual Speakers The presiding officer will announce the time that each speaker may use. The Council generally allows 3 minutes per speaker, but a shorter time may be designated when there are many speakers, or more , numerous items on the agenda, or items anticipated to be lengthy. (For example, if there are fewer than 10 speakers, the presiding officer typically will allow speakers would usually get 3 minutes to speak. Or Iif there are more than 10 speakers, then the presiding officer may choose to reduce the time for each speaker). 2) Spokesperson for a Group When a group of people wishes to address the Council on the same subject matter, they may designate a spokesperson to address the Council. Spokespersons are subject to the same time limits as other speakers, except that spokespersons who are representing a group of five or more people who have requested to speak and are verified as present in the Council Chambers or online will be allowed 10 minutes and will, to the extent practical, be called upon ahead of individual speakers. If the presiding officer reduces the speaking time for individual speakers, the total speaking time for a spokesperson will also be reduced as determined by the presiding officer. (d) Gaining Permission to Speak Any person who wants to make a spoken public comment on an item on the Council agenda can do so if they are attending either in person or virtually. If attending in person, members of the public should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff presentation. Members of the public participating virtually should use the “raise hand” function in the online meeting platform, or if participating via phone, hit *9 to notify the Clerk that they wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so that the speakers can be identified and organized in an orderly way. All rUnless otherwise determined by the presiding officer, requests to speak will be takenaccepted until approximately five (5) minutes after the staff presentation ends. Approximately five (5) minutes before the end of the time when requests to speak will be accepted, cutting off submission for the public to request to speak on an item, the presiding officer will endeavor to announce the pending cut off time. presiding officer will endeavor to announce the pending cut off time. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 39  Packet Pg. 82 of 146  City Council Protocols and Procedures Handbook 34 (e) Public Decorum During Meeting The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in order to assure a fair opportunity for everyone to participate in an open and civil setting. 1) No person, other than a Council member and the person having the floor, shall be permitted to speak without the permission of the presiding officer. 2) All remarks should be addressed to the Council as a body and not to any individual member or staff person. 3) No person, besides staff or the Council, shall enter the staff area of the Council dais without the permission of the presiding officer or appropriate Council Appointed Officer. 4) The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the conduct of a meeting; (2) Make threats against any person or against public order and security while in the Council Chambers; (3) Use the Council Chambers during meetings for any purpose other than participation in or observation of City Council Meetings. Any Council Member may appeal the presiding officer’s decision on a decorum violation to the full Council. Decorum violations are a misdemeanor and may lead to a person being removed from the Council meeting. (PAMC sections 2.04.120, 2.04.150.) (f) Record of Speakers 1) Persons wishing to address the Council within the meeting room, shall use the microphone provided for the public. All public speakers, whether in person or virtual participants shall and speak in a recordable tone, either personally or with assistance, if necessary. 2) Speakers are requested to state their name but cannot be compelled to do so as a condition of addressing the Council. (g) End of Public Comment After a Council Motion Following the time for public input and once the matter is returned to the Council no person shall address the Council without first securing the permission of the presiding officer to do so, subject to approval of the City Attorney with respect to any hearing required by law. * * * SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail communications between Council members and staff on agenda-related items, including the following: Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 40  Packet Pg. 83 of 146  City Council Protocols and Procedures Handbook 35 6.1. Submit Questions on Council Agenda Items Ahead of the Meeting In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council members are encouraged to submit their questions on agenda items to the City Manager or other appropriate Council Appointed Officer or City Manager by 5:00 p.m. the Wednesday prior to the meeting so staff can be prepared to respond before or at the Council meeting. If a staff report is incomplete by 5:00 p.m. Thursday, there will be an extension to submit Council questions until 5:00 p.m. Friday. Council members are strongly discouraged from asking questions already addressed in the staff report. 6.2. City Council emails for Agenda-Related Items Procedure (a)Council members should direct any questions on staff reports and agenda items only to the City Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk should be directed to the appropriate Council Appointed Officer. (b)Council members should submit questions on agenda items no later than 5 p.m. on the Wednesday prior to the Council meeting at which the item will be discussed. Staff will make best reasonable efforts to post written responses to timely-submitted questions by Thursday 5 p.m. Any questions received after 5 p.m. on the Wednesday before the meeting may be responded to via e-mail, or alternatively, will be responded to at the Council meeting. (c)Staff will not engage in “dialogues” with individual Council members regarding questions; however, follow-up questions to initial questions will be responded to at the Council meeting. (d)Staff will give highest priority to responding prior to the Council meeting via e-mail only on items on the Consent Agenda. Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the meeting, although Staff welcomes such questions in advance of the meeting in order to prepare for the Council and public discussion. Technical and clarifying questions on non-Consent Calendar items will be responded to as time permits. (e)If the staff will be responding to a Council members Consent Agenda question at the meeting rather responding to the question via e-mail, Staff will inform the Council member as early as possible after receipt of the question(s). (f)Questions and all staff-prepared responses will be forwarded to all Council members as well as post online for public review of Council agenda questions and staff responses. Staff will include the name of the Council member posing the questions in the “subject” field of the e-mail response. (g)Copies of all Council member agenda questions and staff responses will be emailed to the Council p and posted publicly on the meeting agenda. If staff responses are not released until the meeting date, they will be provided in printed form at the dais. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 41  Packet Pg. 84 of 146  City Council Protocols and Procedures Handbook 36 * * * SECTION 7 – COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIESY SETTING GUIDELINES (a)Guidelines for Selection of PrioritiesCouncil Values In November 2022, the Council adopted a set of values as described here: The Palo Alto City Council has universally sharedholds these values that to help guide our decisions that and the work we do. These values include: 1)We will make decisions that bBalance revenues and expenses, now and in the future. 2)We will make decisions that aAre environmentally sustainable, now and in the future. 3)We will iIntegrate equity into our decisions, considering how decisions affect people differently based on their identity or circumstances. 4)We will mMake decisions that create a healthy, safe and welcoming community for all. 5)We will sSafeguard public trust through transparent practices and open communication. 6)We eEmbrace innovation. (b) Annual Council Prioritiesy Setting Guidelines The following language is from the City Council Priority Setting Guidelines” document adopted by the City Council on October 1, 2012. Priorities Background and Definition The City Council adopted its first Council priorities in 1986. Each year the City Council reviews its priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the definition of a Council priority, and the Council’s process and guidelines for selection of priorities. There is a goal of no more than three to four priorities per year and priorities generally have a two- to three-year time limit. Council can identify two to three specific objectives within a priority. A Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. This varies from a Council value which is defined as an enduring goal and intention to guide the work of the City Council. The values (shared above) allow the City Council to maintain these enduring intentions while also selecting annual priorities that reflect shorter- term projects and goals. The City Council Values are listed below. Purpose The establishment of Council priorities will assist the Council and staff to better allot and utilize time for discussion and decision making. Process In advance of the annual Council Retreat, staff will solicit input from the City Council on the Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 42  Packet Pg. 85 of 146  City Council Protocols and Procedures Handbook 37 priorities to be reviewed and considered for the following year. 1) Council members may submit up to three priorities. 2) Priorities should be submitted no later than December 1. 3) As applicable, the City Manager will contact newly elected officials for their input by December 1. 4)The City Manager and the City Clerk will solicit for the public to share proposed priorities prior to the Council retreat. The Policy and Services Committee shall recommend to the Council which suggestions if any shall be considered at the City Council retreat. 5) Staff will collect and organize the recommended priorities into a list for Council consideration and provide to Council in the packet for the City Council retreat. 6) If needed, the Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat. * * * SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT 8.1. Commit to Annual Review of Important Procedural Issues (exist. Protocol 3.1) At the beginning ofOnce each legislative year, the Council will review the Procedures and Protocols Handbook. The Council will not politicize these procedural issues. hold a special meeting to review the Council protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important procedural issues. 8.2. Don’t Politicize Procedural Issues 8.2. Enforcement (exist. Protocol Section 5) Council members have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council members, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council members entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. Under circumstances where Council members believe that actions by another Council member are inconsistent with this Handbook and require formal review and potentially action, a public discussion and censure are available steps for review and enforcement. Should two or more Council members believe that actions by a Council member are inconsistent with Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 43  Packet Pg. 86 of 146  City Council Protocols and Procedures Handbook 38 this Handbook, a Colleagues Memo may be used as a method to schedule public discussion of the matter at an upcoming City Council meeting. Based on the Council discussion, the matter may then be closed or proceed to consideration of further steps including censure. Censure is an official reprimand or condemnation made by Council in response to specified conduct by one of its own members. Censure is disciplinary in nature, and requires the formal adoption of a resolution setting forth the Council member’s alleged violations of law and/or policies. Censure may require an investigation, and must protect the due process rights of the Council member. Censure carries no fine or suspension of the rights of the Council member as an elected official but a censure is a punitive action that serves as a punishment for wrongdoing. Through a Colleagues Memo, Council members may request a formal censure action be placed on a Council agenda. The City Clerk shall provide notice of the possible censure to the Council member who is the subject of the action. The notice shall contain the specific charges on which the proposed censure is based and the date and time that the matter will be heard. Upon hearing the testimony, the Council may take action by resolution setting forth its findings and stating the terms of the censure. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 44  Packet Pg. 87 of 146  City Council Protocols and Procedures Handbook 39 PART II: CITY COUNCIL PROTOCOLS The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation. SECTION 1 – CITY COUNCIL CONDUCT (exist. Protocol Section 2) 1.1. Positive Work Place Environment Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff. 1.2. Comply with Law Members shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of governments and City ordinances and policies. (a) Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff. 1.3. City Council Core Responsibilities (exist. Protocol Sec. 1) All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. (a) All Council Members: 1) Demonstrate honesty and integrity in every action and statement 2) Comply with both the letter and spirit of the laws and policies affecting the operation of government. 3) Serve as a model of leadership and civility to the community 4) Inspire public confidence in Palo Alto government 5) Work for the common good, not personal interest 6) Prepare in advance of Council meetings and be familiar with issues on the agenda 7) Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others 8) Do not politicize procedural matters such as minutes approval or agenda order for strategic purposes 9) Participate in scheduled activities to increase Council effectiveness Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 45  Packet Pg. 88 of 146  City Council Protocols and Procedures Handbook 40 10) Review Council procedures, such as these Council Protocols, at least annually 11) Represent the City at ceremonial functions at the request of the Mayor 12) Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations 13) Respect the proper roles of elected officials and City staff in ensuring open and effective government 14) Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town 1.4. General Member Conduct Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. (a) Conduct of Members The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff or the public. Rude and unprofessional behavior are also unacceptable. Council members are expected to share factual information during meetings and within the public domain and Council members should refrain from repeating false and misleading information. (b) In Public Meetings (exist. Protocol 2.1) 1) Use Formal Titles The Council should refer to one another formally during Council meetings as Mayor, Vice Mayor or Council Member followed by the individual’s last name. 2) Practice Civility and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. 3) Honor the Role of the Presiding Officer in Maintaining Order and Equity Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the City Council Procedural Rules. 4) Demonstrate Effective Problem-Solving Approaches Council members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council members are role models for residents, businesspeople and other stakeholders involved in public debate. 5) Be Respectful of Other People's Time Stay focused and act efficiently during public meetings. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 46  Packet Pg. 89 of 146  City Council Protocols and Procedures Handbook 41 (c) In Private Encounters 1) Treat Others as You Would Like to be Treated Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way. 1.5. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 1.6. Advocacy (a) Representation of Private Interests In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any other board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. (b) Advocacy Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do. (c) Council Voting Delegate Authority at Conferences / Annual Meetings The Council may authorize a Council member to act as the voting delegate at conferences or meetings of other bodies, including, but not limited to, the League of California Cities annual conference, National League of Cities conference, and the Association of Bay Area Governments (ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting delegate with specific direction on proposed resolutions and other matters. When provided specific direction, the voting delegate’s authority is limited to matters on which the Council has directed the delegate to vote. In the absence of explicit direction, when the Council member is aware of a prior position the Council has taken, the Council member will adopt that position. (d) Be Cautious in Representing City Positions on Issues Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents remember to indicate, if appropriate, that the views you state are your own and may not represent those of the full Council. As a Council member, it is important to remember to indicate when the views you state are your own versus views which represent those of the full Council. This is relevant whether sending correspondence related to a legislative position or corresponding with constituents or representatives of other governmental agencies or organizations. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 47  Packet Pg. 90 of 146  City Council Protocols and Procedures Handbook 42 Council Members appointed to regional boards, commissions, or agencies shall stay informed of any positions adopted by Council relevant to the jurisdiction of the Board and shall consider such positions along with other pertinent information in carrying out their duties on the regional body. In the case where a Council member is speaking publicly on an issue on which Council has taken a position, and that Council member also the Council has appointed a Council member to serves on a regional governing body that has also taken a position, to represent the interests of the entire region, the Council member serving on that regional body should clearly state ifwhether they are representingspeaking on behalf of the City or the regional or commission in their positionsbody. (e) Use of City Letterhead Official Mayor/City Council letterhead should only be used for correspondence signed by the Mayor or City Council members when specifically directed by the Council or consistent with prior City Council direction. This applies to the use of any stationery that could be interpreted as official letterhead. 1.7. Council Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. (a) Treat All Staff as Professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff. (b) Channel Communications through the Appropriate Senior City Staff Questions of City staff should be directed only to the City Manager, Assistant City Manager, City Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on any request to Department Heads. Council members should not set up meetings with department staff directly, but work through Department Heads, who will attend any meetings with Council members. When in doubt about what staff contact is appropriate, Council members should ask the City Manager for direction. However, nothing in these protocols is intended to hinder the access Council-appointed liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities. (c) In order to Facilitate Open Government, All Council Members Should Make Decisions with the Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative Agenda or in a Council Committee) (d) Never Publicly Criticize an Individual Employee, Including Council Appointed Officers. Criticism is differentiated from questioning Facts or the opinion of staff. All critical comments about staff performance should only be made to the City Manager through private correspondence or Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 48  Packet Pg. 91 of 146  City Council Protocols and Procedures Handbook 43 conversation. Comments about staff in the office of the City Attorney, City Auditor or City Clerk should be made directly to these CAOs through private correspondence or conversation. (e) Do Not Attend Staff Meetings Unless Requested by Staff Even if the Council member does not say anything, the Council member’s presence may imply support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively. (f) Depend upon the Staff to Respond to Citizen Concerns and Complaints It is the role of Council members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol on channeling communications. The senior staff member should respond according to the Policy and Procedure for Responding to Customer Complaints. Senior staff is responsible for making sure the Council Member knows how the complaint was resolved. (g) Do not Solicit Political Support from Staff The City Charter states that “Neither the city manager or any other person in the employment of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Council members should avoid any staff interactions that may be construed as trying to shape staff recommendations to be presented to the Council as a whole. shall refrain from coercing staff in making recommendations to the Council as a whole. (h) Use of Public Resources Council Mmembers shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. 1.8. Use of Staff Time (a) Do Not Get Involved in Administrative Functions (exist. Protocol 2.3 E) The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal Code: “Neither the council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent the city manager from exercising individual judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately.” (b) Respect the “One Hour” Rule for Staff Work Requests for staff support should be made to the appropriate senior staff member, according to the protocol for channeling communications. Any request, which would require more than one hour of Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 49  Packet Pg. 92 of 146  City Council Protocols and Procedures Handbook 44 staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda. The 1-hour rule applies to all Council members equally. * * * SECTION 2 - CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. Council members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the full Council on matters for which the full council has not yet taken a policy position. In other instances, Council members may attend Board or Commission meetings as individuals, and should follow these protocols: 2.1.If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions. Council members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission should make a point to clearly state it is an individual opinion and not a representation of the feelings of the entire City Council. 2.2. Refrain from Lobbying Board and Commission Members It is inappropriate for a Council member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council members to contact Board or Commission members in order to clarify a position taken by the Board or Commission. 2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council members should not feel they have the power or right to unduly influence Board and Commission members. A Board and Commission appointment should not be used as a political reward. 2.4. Concerns about an Individual Board or Commission Member Should be Pursued with Tact If a Council member has concerns with a particular Board or Commission member fulfilling his or her roles and responsibilities and is comfortable in talking with that individual privately, the Council Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 50  Packet Pg. 93 of 146  City Council Protocols and Procedures Handbook 45 member should do so. If needed, the Councilmember may involve a Chair of a commission or the liaison to the commission if there is one. Alternatively, or if the problem is not resolved, the Council Member should consult with the Mayor, who may address the issue to the Council as appropriate. 2.5. Be Respectful of Diverse Opinions A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council members may have a closer working relationship with some individuals serving on Boards and Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions. 2.6. Keep Political Support Away from Public Forums Board and Commission members may offer political support to a Council member, but not in a public forum while conducting official duties. Conversely, Council members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council member. 2.7. Maintain an Active Liaison Relationship Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission. 2.8. Role of Council Liaison to Board or Commission The role of Council liaison to a Board or Commission is to share prior Council discussions and actions on issues as applicable, and assist the Board or Commission in understanding likely Council perspectives on issues as well as how the Board or Commission might support Council decision- making. * * * SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL 3.1. Respond to Council Questions as Fully and as Expeditiously as is Practical The protocol for staff time devoted to research and response is in application here. If a Council Member forwards a complaint or service request to a department head or a Council Appointed Officer, there will shall be follow-through with the Council Member as to the outcome. 3.2. Respect the Role of Council Members as Policy Makers for the City Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives 3.3. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings 3.4. It is Important for the Staff to Demonstrate Respect for the Council at all Times All Council members Should be Treated Equally Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 51  Packet Pg. 94 of 146  City Council Protocols and Procedures Handbook 46 * * * THIS SECTION UNDER REVIEW To be reviewed in 2023 SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT 4.18. Mayor and Vice Mayor Additional Compensation The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional expenses of these offices. 4.210. Miscellaneous Expenditures (a) New Language: Miscellaneous Expenditures Expenditure of City Council Contingency Funds Requests for Eexpenditure of Council Contingency Funds up to $10,000 should be made to the Mayor and Vice Mayor. Where the requires agreement of the Mayor and Vice Mayor agree with the request, it will be along with notification of the Council at a public meetingannounced during Council Member Questions, Comments and Announcements. The expenditure will be considered approved Ifunless two or more Council members request additional information or discussion, in which case the expenditure the allocation and do not receive Council approval, it wouldwill be agendized at a future meeting. Expenditures over $10,000 require action by Council motions, which shall be by Colleagues Memo placed on Consent, or as part of an agendized item. (b) City Purchase of Tickets or Sponsorship of Non-Profit Organization Events The City Manager may purchase tickets or sponsor events by non-profit organizations, subject to budget availability, under any of the following circumstances: 1) where the event serves a City educational purpose, 2) recognition for work done by staff (not including elected or appointed officials), or 3) expending budget allocations specifically intended for event attendance. (c) Expenditure for Annual Holiday Event Expenditures of up to $1,500 from the Council Special Events budget may be directed to be expended from an annual holiday celebration, subject to budget availability for attendance by Council members, executive leadership staff, and community leaders. Event details will be coordinated by the Mayor and facilitated by staff. 4.3 Council and Boards and Commission Travel Policy Council member travel expenses and reimbursements will adhere to the Citywide Travel Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD) This policy is set by the City Council and applies to Council members and to Board and Commissions members. , who will be referred to as “Officials” in the policy. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 52  Packet Pg. 95 of 146  City Council Protocols and Procedures Handbook 47 accordance with the Charter and Municipal Code, such expenditures must be from authorized appropriations. Council members are limited to six (6) times per year for travel reimbursements, subject to budget availability. Council member travel will be approved by the Mayor. (a) Support Services The City Clerk’s Office makes travel arrangements for Council members. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials. (b) Activities Not Considered Reimbursable 1) Voluntary attendance at any conference or meeting, not representing the City. A) Meetings of social or service organizations. 2) Meetings of voter groups or with individual citizens concerned with agenda items. 3) Election campaign activities. 4) Alcohol and entertainment expenses. 5)Personal portion of the trip and other non-mileage automobile expenses. (c) Reports to Council Council members and officials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors. (d) Violation of This Policy Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following: 1) Loss of reimbursement privileges 2) A demand for restitution to the City 3) The City reporting the expenses as income to the elected or appointed Official to state and federal tax authorities 4) Civil penalties of up to $1000 per day and three times the value of the resources used 5) Prosecution for misuse of public resources 4.1. Eligible Activities The following activities (“Eligible Activities”) are recognized by the Council as advancing municipal purposes and are eligible for expense reimbursement, subject to limitations on Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 53  Packet Pg. 96 of 146  City Council Protocols and Procedures Handbook 48 activities and specific and total expenditures described elsewhere in this policy: (a) Communicating with representatives of regional, state and national government on adopted city policy positions; (b) Attending educational seminars designed to improve officials’ skill and information levels; (b)Participating in regional, state and national organizations whose activities affect the City’s interest; (d) In collaboration with City staff, implementing a city-approved strategy for attracting or retaining businesses to the City. All other expenditures require prior approval by the City Council at a regular or special meeting. 4.2. Out-of-Town Conferences or Meetings (a) Reimbursement All payments for travel and meetings shall be on the basis of either reimbursement of expenses advanced by the Council Member/Official or payments made directly to travel agencies/websites, hotels, airlines or the organization sponsoring the meeting. All requests for payments or reimbursements must be accompanied by invoices or paid detailed receipts and a copy of descriptive literature about the conference or meeting. The City Clerk, Mayor or Chair for Officials must approve, in advance, individual travel requests for out-of-town meetings and conferences, e.g., Annual League of California Cities Conference, National League of Cities Conference, etc., including Eligible Activates. Allowable expenses for local or Bay Area Eligible Activates do not require prior approval by the Mayor or Chair. The total reimbursement shall not exceed the budget adopted by the Council for this purpose. All reimbursements shall comply with the limits of Policy and Procedures 1-02 (Citywide Travel Policy). Expense reports should be submitted within 30 days of end of trip. Inability to provide such documentation in a timely fashion may result in expense being borne by the Council Member or Official. 1) Meals The City will provide a per diem (“per day”) allowance for meals and incidentals to Council members or Officials who are approved to travel overnight for official City business. Council members or Officials will receive a flat rate for meals and will not be required to submit receipts. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 54  Packet Pg. 97 of 146  City Council Protocols and Procedures Handbook 49 The per diem rate varies and is dependent on the destination of travel. The rates for the various travel destinations are available on the U.S. General Services Administration website (http://www.gsa.gov/portal/content/104877). When meals are provided at an event, the value of that meal will be deducted from the daily per diem rate. Travelers will receive 75% of the daily per diem amount on days requiring transportation to and from the location (i.e., departure day and return day) regardless of departure and arrival times. Meals provided on days of travel shall be deducted at full-value. (b) Lodging Expense Council members or Officials shall select single occupancy, standard, non-deluxe accommodations and should stay at hotels offering economical lodging rates. When possible, travelers attending a conference or seminar should stay at conference hotels, which offer a negotiated rate. The City will not reimburse any cost related to the extension of a hotel stay beyond the time necessary to complete the event. An out-of-state trip involving cross-county travel may require hotel accommodations both before and after the conference or training. Within California and adjoining states, an extra night’s hotel stay should not be necessary if flight arrangements can be made the same day. The use of hotels is restricted to cities located beyond 50 miles (one-way) from the City of Palo alto or the traveler’s residence (whichever is shortest). For example, if the destination is Sacramento and you live in Palo Alto (118 miles) or Oakland (81 miles), you would qualify for a hotel (and per diem for meals). However, if you live in Vacaville (35 miles) or Lodi (36 miles) you would not qualify for a hotel. Expenses incurred for guests of the traveler and the like are not reimbursable. Incidental expenses related to City business shall be reimbursed at cost as supported by submitted receipts. Incidental expenses may include hotel parking charges, Internet connection services, and telephone charges. The actual costs for parking will be reimbursed when approval to use a personal vehicle or rental car is obtained in advance. Council members or Officials should use the lowest cost alternative for parking within a reasonable area from the destination. Internet connection services purchased to conduct City business are reimbursable. Other charges on the hotel bill, such as pay-TV movies, cleaning, laundry, room service charges or charges for additional guests are not reimbursable. (c) Transportation 1) Air Transportation Council members or Officials shall fly economy class on the lowest flight available for the most direct route to the final destination, which could reasonably include scheduled layovers. Council Members or Officials are encouraged to make air reservations as early as feasible to obtain the greatest discount and to consider the use of alternate but nearby airports to take advantage of the lowest fares. Extension of the trip to cover a weekend Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 55  Packet Pg. 98 of 146  City Council Protocols and Procedures Handbook 50 stay to obtain a lower airfare does not entitle the Council Member or Official to be reimbursed for the extra day’s hotel. Council members or Officials may use City travel to qualify for frequent flyer credits, but the selection of an airline for a given trip shall not be made for the purpose of accumulating such credits. Council members or Officials that choose to use their personal frequent flyer miles for City business shall not be reimbursed for the value of the tickets. If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable. 2) Rental Cars Rental cars shall be approved if other ground transportation, such as shuttles or taxis, is more expensive during the stay at the destination. Only economy or compact car models may be rented unless an upgrade is provided by the rental agency at no additional cost. Because the City is self-insured, Council members or Officials should decline any additional insurance offered by the rental company. Council members or Officials must also decline the Fuel Purchase Options (which allows for prepayment of a gas tank refill) and shall refuel prior to returning the rental car. Rental car options such as GPS devices and any other extra optional charges are not reimbursable. The use of a rental car, in lieu of a private auto, to travel to and from an out-of-town event will be reimbursed either at the current IRS mileage rate or the car rental cost apportioned for the number of days used for City business, whichever is less. 3) Private Automobiles Private automobiles may be used for personal or group transportation on extended trips. Reimbursement shall be made at the current IRS mileage rate. The distance to be reimbursed shall be measured from the place of work and from the employee’s home, and the calculated mileage reimbursement shall be based upon which of the two distances is shorter. Mileage reimbursement for private automobiles shall not exceed the cost of roundtrip air transportation (economy class) for a reservation made at least seven days in advance of the trip. 4.3. Local or Bay Area Activities Council members or Officials who have been requested or designated to represent the City may receive the actual cost of: (a) Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings. (b) Registration fees where applicable. (c) Mileage if activity is outside the City (mileage claims should be submitted monthly, with details: date and type of meeting, number of miles traveled to be indicated), consistent with City Policy Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 56  Packet Pg. 99 of 146  City Council Protocols and Procedures Handbook 51 and Procedures 1-02. (c)Council members and Officials may be reimbursed by the City for use of a private bicycle to attend local or Bay Area activities outside the City of Palo Alto consistent with City Policy and Procedures 2-9. 4.4. Other Expenses Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and related expenses are eligible for reimbursement. 4.5. Activities Not Considered Reimbursable (a) Voluntary attendance at any conference or meeting, not representing the City. 1) Meetings of social or service organizations. (b) Meetings of voter groups or with individual citizens concerned with agenda items. (c) Election campaign activities. (d) Alcohol and entertainment expenses. (e) Personal portion of the trip and other non-mileage automobile expenses. 4.6. Reports to Council Council members and officials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors. 4.7. Violation of This Policy Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following: i.Loss of reimbursement privileges ii.A demand for restitution to the City iii.The City reporting the expenses as income to the elected or appointed Official to state and federal tax authorities iv.Civil penalties of up to $1000 per day and three times the value of the resources used v.Prosecution for misuse of public resources 4.8. Mayor and Vice Mayor Additional Compensation The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional expenses of these offices. 4.9. Support Services Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 57  Packet Pg. 100 of 146  City Council Protocols and Procedures Handbook 52 The City Clerk’s Office makes travel arrangements for Council members. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials. 4.10. Miscellaneous Expenditures (a) New Language: Miscellaneous Expenditures Existing Language None Proposed New Language (updated after Dec. 13 P&S Discussion) X.1 Expenditure of City Council Contingency Funds Expenditures from the City Council Contingency budget must be directed by Council motion, either via a colleagues memo or as part of an agendized item. X.2 City Purchase of Tickets or Sponsorship of Non-Profit Organization Events the City Manager may purchase tickets or sponsor events by non-profit organizations, subject to budget availability, under any of the following circumstances: 1) where the event serves a City educational purpose, 2) recognition for work done by staff (not including elected or appointed officials), or 3) expending budget allocations specifically intended for event attendance. x.3 Expenditure for Annual Holiday Event Expenditures from the Council special event budget may be directed to be expended for an annual holiday celebration, subject to budget availability for attendance by Council members, executive leadership staff and community leaders. Event details will be coordinated by the Mayor and facilitated by staff. * * * SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. There are many State laws regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised of and comply with State law on these topics. Resource Links to be added here. Item 6 Attachment B-Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 58  Packet Pg. 101 of 146  DRAFT – April 13, 2023 1 CITY COUNCIL PROCEDURES AND PROTOCOLS HANDBOOK DRAFT as of April 13, 2023 (Clean) Concepts Approved on January 30 and March 20, 2023 with direction to cleanup Procedures and Protocols Approved xx/xx/2023 with New Table of Contents If you have any questions about this handbook, please feel free to contact the City Clerk by phone at (650) 329-2571 and e-mail at city.clerk@cityofpaloalto.org or the City Attorney by phone at (650) 329-2171 and e-mail at city.attorney@cityofpaloalto.org. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 59  Packet Pg. 102 of 146  DRAFT – April 13, 2023 2 TABLE OF CONTENTS (note: page numbers and exact section names may be off; will be updated after Council review on April 24) SECTION TOPIC PAGE Introduction Purpose of the Manual 4 PART I CITY COUNCIL PROCEDURES 5 1 City Council Organization and Structure 5 1.1 Annual Organization of City Council 5 1.2. Council Committees 5 1.3 Respect the Work of the Council Standing Committees 9 2 General Procedures for City Council Meetings 9 2.1 Meeting Schedules, Agendas and Supporting Materials 9 2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings 10 2.3 Attendance Procedures 11 2.4 Colleagues Memos 15 3 City Council Meeting Order of the Agenda 15 3.1 Call to Order 16 3.2 Closed Sessions 16 3.3 Study Sessions 18 3.4 Special Orders of the Day 18 3.5 Agenda Changes, Additions, and Deletions 18 3.6 General Public Comment 18 3.7 Consent Agenda 19 3.8 City Manager Comments 21 3.9 Action Items 21 3.10. Council Member Questions, Comments and Announcements 21 3.11. Adjournment 21 4 Procedures At City Council Meetings 21 4.1 Council Motion and Voting Processes throughout the Agenda 21 4.2 Motion Procedures 22 4.3 Voting and Debate of Agenda Items 25 4.4 Public Hearings 27 5 How the Public Engages with the City Council 30 5.1. Public Participation During City Council Meetings 30 6 City Council Questions on Agenda-related Items 32 6.1 Submit Questions on Council Agenda Items Ahead of the Meeting 33 6.2 City Council emails for Agenda-Related Items Procedure 33 7 Annual Council Priority Setting Guidelines 34 8 Procedures And Protocols Review and Enforcement 35 8.1 Commit to Annual Review of Important Procedural Issues 35 8.2 Don’t Politicize Procedural Issues 35 8.3 Enforcement 35 Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 60  Packet Pg. 103 of 146  DRAFT – April 13, 2023 3 PART II CITY COUNCIL PROTOCOLS 37 1 City Council Conduct 37 1.1. Positive Workplace Environment 37 1.2. Comply with Law 37 1.3. City Council Core Responsibilities 37 1.4. General Member Conduct 38 1.5 Decisions Based on Merit 39 1.6 Advocacy 39 1.7 Council Conduct with City Staff 39 1.8 Use of Staff Time 41 2 City Council Conduct with Palo Alto Boards and Commissions 42 2.1 If Attending a Board or Commission Meeting Identify Your Comments as Personal Views or Opinions 42 2.2 Refrain from Lobbying Board or Commission Members 42 2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, Not Individual Council Members 42 2.4 Concerns about an Individual Board or Commission Member Should be Pursued with Tact 42 2.5 Be Respectful of Diverse Opinions 42 2.6 Keep Political Support Away from Public Forums 43 2.7 Maintain an Active Liaison Relationship 43 2.8. Role of Council to Board or Commission 43 3 Staff Conduct with City Council 43 3.1 Respond to the City Council as Fully and as Expeditiously as Possible 43 3.2 Respect the Role of Council members as Policy makers for the City 43 3.3. Demonstrate Professionalism and Non-Partisanship in All Interactions with the Community and in Public Meetings 43 3.4. It is Important that Staff Demonstrate Respect for the Council at All Times. All Council Members Should Be Treated Equally. 43 4 City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement 44 4.1 Eligible Activities 44 4.2 Out-of-Town Conferences or Meetings 44 4.3 Local or Bay Area Activities 47 4.4 Other Expenses 47 4.5 Activities Not Considered Reimbursable 47 4.6 Reports to Council 47 4.7 Violation of this Policy 47 4.8 Mayor and Vice Mayor Additional Compensation 48 4.9 Support Services 48 4.10 Miscellaneous Expenditures 48 5 Confidentiality, Conflicts of Interest, Gifts And Favors 48 Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 61  Packet Pg. 104 of 146  City Council Protocols and Procedures Handbook 4 Introduction The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption of the Handbook is requirement of the Palo Alto Municipal Code: Municipal Code 2.04.100 – Handbook of procedural rules The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind. The handbook is organized in two parts: Part I: City Council Procedures This section explains the process through which work is done and basic rules for City Council meetings including public participation guidelines. Part II: City Council Protocols This section explains conduct guidance for the City Council. If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State or Federal law, the Charter, Code, or State or Federal law shall govern. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 62  Packet Pg. 105 of 146  City Council Protocols and Procedures Handbook 5 PART I: CITY COUNCIL PROCEDURES SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE 1.1. Annual Organization of City Council The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060 provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each year. Nominations may be made by any Council member and do not require a second. 1.2. Council Committees (a) Standing Council Committees Policy It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings. Purpose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for Palo Alto. General Requirements Council standing committees shall be subject to the following procedural rules: 1) Quorum A majority of the committee membership shall constitute a quorum. 2) Referrals Only the Council or City Manager shall make referrals to the standing committees. Referrals will generally be directed to only one of the standing committees. Items may be withdrawn from the committee and taken up for consideration by the Council at any Council meeting with the consent of a majority of the Council, and subject to any applicable noticing or agenda-posting requirements. 3) Attendance by Nonmembers As required by the Brown Act, Council members who are not on a committee may attend the committee meeting but only as an observer; they may not speak or otherwise participate in the committee meeting. If Council wishes to allow members who are not serving on the committee to speak, the meeting should be noticed as a meeting of the full Council, and all Council procedural requirements will apply. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 63  Packet Pg. 106 of 146  City Council Protocols and Procedures Handbook 6 4) Function of committees The purpose and intent of committee meetings is to expedite Council action by providing more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on City problems by both the committee and the public. Actions of the committee shall be advisory recommendations only except as to matters delegated to the committee by Council. 5) Minutes and Report of Committee The City Clerk shall be responsible for the preparation and distribution to the Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes of each committee meeting serve as the report to the Council and should be included, as appropriate, in subsequent relevant staff reports. 6) Agenda The presiding officer of each standing committee shall work with staff to prepare the agenda for committee meetings. Items should be scheduled as they are ready, taking into account the sequence of referral, the time required for staff research and analysis to support committee discussions, the time-sensitivity of items, and other factors as determined by the chair and City Manager. 7) Public Participation at Committees The presiding officer shall determine the time that each speaker is allotted during general public comment and public comment on agendized items. The chair will typically set individual speaker speaking time at 3 minutes per speaker. If extended public participation is desired the chair may provide for a longer period; if there are a large number of speakers or many agenda items, speaking time may be shortened. 8) New Standing Committees Council may establish new standing committees as needed. (b) Policy and Services Committee The Municipal Code states that the role of the Council Policy & Services Committee is to consider and make recommendations on matters referred to it by the Council relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public work, and community and human services. (§2.04.220). (c) Finance Committee The Municipal Code states that the role of the Council Finance Committee is to consider and make recommendations on matters referred to it by the Council relating to finance, budget, financial Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 64  Packet Pg. 107 of 146  City Council Protocols and Procedures Handbook 7 audits, capital planning and debt. (§2.04.210). (d) Council Appointed Officers (CAO) Committee The CAO Committee meets on an as-needed schedule to address issues that Council has referred to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City Clerk and City Auditor. For example, the committee may be tasked with duties related to performance evaluations, compensation, and the filling of vacancies. (e) City Schools Liaison Committee The City-Schools Liaison Committee is composed of two Council members and two members of the Board of Education of the Palo Alto Unified School District. The committee’s purpose is to share information, collaborate, and coordinate on issues related to Palo Alto’s school-aged children and youth. (f) Ad Hoc Committees Policy The Council may create Ad Hoc Committees on a limited basis where necessary to study City business in greater depth than what is possible in the time allotted for Council and Standing Committee meetings. Purpose These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees and to set up guidelines for creation of Ad Hoc Committees. General Requirements Council Ad Hoc Committees shall be subject to the following procedural rules: 1) Definition of Ad Hoc Committee An Ad Hoc Committee is a temporary advisory committee composed solely of less than a quorum of members of the Council or any Council Standing Committee. The work of an Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended to be perpetual but rather to be dissolved in a finite period time, once its specific task is completed. By contrast, a Standing Committee has continuing subject matter jurisdiction over a variety of related topics. 2) Brown Act The procedural requirements of the Brown Act apply to all committees that have either: (a) continuing subject matter jurisdiction over a matter or group of related matters; or (b) a regular meeting schedule set by Council action. All Standing Committees are Brown Act bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are temporary bodies, formed for the purpose of addressing a limited or single purpose, include only members of Council, and do not have a regular meeting schedule set by Council action. When Council creates an Ad Hoc committee that is not a Brown Act body, Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 65  Packet Pg. 108 of 146  City Council Protocols and Procedures Handbook 8 Council may, at its discretion, direct that the committee follow Brown Act procedures. 3) Creation and Appointment The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer members of the Council to serve. In contrast, only the Council and not the Mayor alone can create a Standing Committee. The Mayor makes appointments to Standing and Ad Hoc Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or him and its membership and stated purpose. The Clerk shall post this information on the Council website. The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee. 4) Duration Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does not complete its task by the end of the calendar year, it shall not continue unless reappointed by the new Mayor in the following year. 5) Members Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall not include any other persons, including members of other legislative bodies. 6) Reporting Ad Hoc Committees shall report their recommendations to the Council in the timeframe directed by Council. Any Council Member may ask during ‘Council Member Questions, Comments And Announcements’ that an updated Ad Hoc Committee report be placed on an upcoming meeting agenda. 7) Termination of Ad Hoc Committee by Majority of Council A majority of the Council may vote to terminate any Ad Hoc Committee following placement of the issue on an agenda. 8) Conclusion A public announcement shall be made any time the Ad Hoc Committee has concluded its work and/or upon dissolution. 1.3. Respect the Work of the Council Committees Council should respect the work of Council committees, as their purpose is to provide focused, in- depth discussion of issues to help inform and expedite Council business. If a matter is taken forward to the full Council for approval after receiving a unanimous vote at committee, the item will be placed on the Consent Calendar, unless otherwise recommended by the committee, Mayor, City Attorney or City Manager. * * * Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 66  Packet Pg. 109 of 146  City Council Protocols and Procedures Handbook 9 SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This purpose recognizes the value of establishing a community understanding of meeting procedures so that broad public participation is encouraged. This purpose also recognizes that Council members must have a common approach to the discussion and debate of City business so that meetings are both streamlined and thorough. These are guidelines, rather than rules. The Council intends that City staff and Council members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, unfairness, or the promotion of form over substance. In addition to Council-adopted guidelines, State law establishes a variety of mandatory meeting rules that the City must follow in order to ensure open government and fair process, regardless of unusual situations and consequences. (See Cal. Govt Code section 54950.) 2.1. Meeting Schedules, Agendas and Supporting Materials (a) Meeting Schedules for Regular and Special Meetings The City Council generally conducts two different kinds of meetings: regular meetings and special meetings. The Municipal Code provides that regular City Council meetings are conducted at City Hall on the first three Monday nights of each month, except during the Council’s annual summer and winter recesses, at 6 p.m. The Council also schedules periodic special meetings, which are meetings on any day or time other than the regular meeting time. This may include meetings on the regularly-scheduled first three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday, or meetings scheduled on any other day or time. The Mayor or Council may call a special meeting on a minimum of 24 hours’ notice. Special meetings need not be held at City Hall, as long as the alternate location is within the City. The Council makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session. (b) Posting of Agendas Under the Brown Act, meeting agendas must be posted no later than 72-hours prior to regular meetings and 24-hours prior to special meetings. It is City policy to make every effort to post the agenda on Thursday, 11 days prior to Monday meetings, whether regular or special. Agendas are posted in King Plaza by the elevators and are uploaded to the City Council web page. (c) Supporting Reports and Materials Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 67  Packet Pg. 110 of 146  City Council Protocols and Procedures Handbook 10 It is City policy to make every effort to provide supporting reports and materials at the time the agenda is posted. Typically, this will occur 11 days before the meeting. Materials that are not available at the time of agenda posting will be distributed as soon as feasible before the meeting. Materials that are distributed to a majority of Council will be made available to the public at the same time, as required by law. Some materials, such as presentation materials or “supplemental memoranda” (previously referred to as “at places” memoranda) may be distributed to Council members and the public at the meeting. (d) Late Submittal of Correspondence or Other Information Related to Planning Applications In order to allow for adequate staff review and analysis and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council must be submitted to staff not later than noon five (5) working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council members or staff, and staff determines additional review is needed, staff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant, or receives other significant material related to the application from any source, he or she shall notify the City Clerk and the City Manager as soon as possible so that all relevant material can be entered into the official record and made available to all parties and the public. At the meeting the City Council may determine whether to continue or refer the item to the appropriate board and/or commission if significant changes to a project or significant new information become known. 2.2. The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted, including review of approximate time allocation of Staff Report presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard. The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are invited and expected to attend the pre-Council meetings with the City Manager, other CAOs, and department managers. The Mayor and Vice Mayor’s role is to represent the interest of the entire Council. 2.3. Attendance Procedures (a) Attendance Required Council members, the City Clerk, City Attorney, and City Manager, along with any other City officers and department heads that have been requested to be present, shall take their regular stations in the Council Chambers at the start of every scheduled meeting. The presiding officer will ensure that each meeting will include at least one 10-minute break. The Council expects its members to attend regularly and notify the City Clerk of any planned absences. The Council may levy fines of up to $250.00 against Council members who willfully fail to attend meetings (PAMC section Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 68  Packet Pg. 111 of 146  City Council Protocols and Procedures Handbook 11 2.04.050). (b) Remote Attendance of Council Members at Council and Committee Meetings Council members are strongly encouraged to attend meetings in person. State law allows Council members to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are described below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. 1) Number of Remote Appearances Remote attendance shall be permitted not more than 3 five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for each Council committee). AB 2449 rules still apply which state that no more than two meetings may be attended remotely during a calendar year for “just cause,” as described below. 2) General Procedures for Appearing Remotely Council members must follow mandatory procedures set forth in State law. At any meeting where a Council member is attending remotely, the following requirements must be met: (A) At least a quorum of the Council must participate from a singular physical location within the City. (B) The agenda must identify and include an opportunity for the public to attend and directly address the council member through a call-in option, an internet-based service option, and in-person at the location of the meeting. (C) Council may not take action if there is an unresolved disruption to the meeting broadcast or to the ability to take call-in or internet-based public comment. If these above threshold requirements are met, the Council member attending remotely must ensure they follow the procedures associated with either Standard Remote Attendance or AB 2449 Remote Attendance. 3) Standard Remote Attendance Procedures A Council member attending remotely using these procedures must ensure that: (A) The meeting agenda identifies the remote attendance location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to a regular meeting and 24 hours prior to a special meeting. (B) The remote attendance location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 69  Packet Pg. 112 of 146  City Council Protocols and Procedures Handbook 12 (C) The remote attendance technology used is open and fully accessible to all members of the public, including those with disabilities. (D) Members of the public who attend the meeting at the remote attendance location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. (E) The remote attendance location must not require an admission fee or any payment for attendance. (F) If the meeting will include a closed session, the Council Member must ensure that there is a private location available for that portion of the meeting. A private location means a closed room such that no other person can hear any portion of the closed session. If the Council Member intending to follow the procedures of Standard Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using Standard Remote Attendance procedures. 4) Standard Remote Attendance Guidelines (A) Five days written notice in advance of the publication of the agenda must be given by the Council member to the City Clerk’s office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to, if a hard copy is requested. (B) The Council member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council member requests; however, it is the Council member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above. (C) The Council Member must ensure that the location will be publicly accessible while the meeting is in progress. (D) The Council Member must state at the beginning of the Council meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location. 5) AB 2449 Remote Attendance Procedures A Council member attending remotely using these procedures must ensure that: The Council member has either “just cause” or “emergency circumstances” that require remote Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 70  Packet Pg. 113 of 146  City Council Protocols and Procedures Handbook 13 participation, as required by AB 2449. (A) Just cause. i. “Just cause” is defined as: a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance, b. a contagious illness that prevents in-person attendance, c. a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or d. travel while on the business of a state or local agency. ii. Notice. A Council member with “just cause” to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely and provide a general description of the circumstances. (B) Emergency Circumstances. “Emergency circumstances” is defined asa physical or family medical emergency that prevents a Council member from attending the Council meeting in person. i. Notification and acceptance. a. A Council member attending remotely due to “emergency circumstances” must notify the Council or Council committee and the City Clerk at the earliest possible opportunity. b. The Council or Council committee must request a general description of the circumstances relating to the council member’s need to appear remotely. The description does not need to have more than 20 words, and the Council member does not have to disclose any personal medical information. c. At the earliest opportunity available to it, the Council or Council committee must, by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body must take action on the request at the beginning of the meeting by majority vote. (C) Disclosures. Council members attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. (D) Technology. Council members attending remotely shall participate using both audio and visual technology. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 71  Packet Pg. 114 of 146  City Council Protocols and Procedures Handbook 14 If the Council member intending to follow the procedures of AB 2449 Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures. 6) AB 2449 Remote Attendance Sample Scripts At the start of the meeting, the Council member attending remotely may use the following language to identify under which provision they are attending remotely: Just Cause: “I have just cause to attend this meeting remotely under AB 2449. I have not attended a meeting remotely due to just cause more than once this calendar year. I have attended [NUMBER] meetings remotely this calendar year. I must attend this meeting remotely because… 1. “… I must provide caregiving to [RELATION].” 2. “… a contagious illness prevents me from attending in person.” 3. “… I have a need related to a disability which could not be accommodated at this meeting.” 4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].” “In this room, I am accompanied by… 5. “…no one over the age of 18.” 6. “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].” Emergency Circumstances: “Due to emergency circumstances, I request to attend this meeting remotely under AB 2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL OR FAMILY] medical emergency I am facing requires my remote attendance because [BRIEF DESCRIPTION].” 2) “In this room, I am accompanied by… 3) “…no one over the age of 18.” 4) “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].” 2.4. Colleagues’ Memos Council members may bring forward a colleagues’ memo on any topic to be considered by the entire Council. A minimum of two Council members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for consideration of a motion by the Council. Up to three Council members may sign a colleague memo. To comply with the Brown Act, three is the maximum number Council members who may discuss or sign onto a colleagues’ memo. Prior to preparing a colleagues’ memo, Council members should consult with the City Manager to determine whether the City Manager is able to address the issues as part of their operational authority and within current budgeted resources. Colleagues memos should include a section drafted by the City Manager that identifies any potential staffing or fiscal impacts of the contemplated action. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 72  Packet Pg. 115 of 146  City Council Protocols and Procedures Handbook 15 Council members shall provide a copy of the proposed memo to the City Manager and City Attorney prior to finalization. Completed Council colleagues’ memos should be provided to the City Manager, City Attorney and City Clerk with as much advance notice as possible, to provide time for staff to prepare the resource impact section and prepare the memo for placement on the agenda. The Council will not take action on the night that a colleagues’ memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo. The Council will discuss the colleagues’ memo and refer it to a committee or direct the City Manager to agendize the matter for Council action. Action may be taken immediately by the Council on colleagues’ memos where there are no resource or staffing implications, or where these implications are fully outlined in the colleagues’ memo. The Brown Act requires that the public be fully informed of the potential action by the Council when the agenda is published. In order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the colleagues’ memo contains all actions that the Council members want completed on the night of the Council review. Council members nearing the end of their term desiring to submit a colleagues’ memo should consider submittal timing and steps needed in order to ensure Council discussion prior to the end of their term. Staff will make best efforts to agendize such memos prior to the end of the Council term. * * * SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below, except as determined otherwise by the Mayor in consultation with the City Manager. In setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in the agenda-setting process if needed. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda items that shall be taken up first or at a specific time during the course of the meeting (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a majority vote of those present: Call to Order Special Orders of the Day Study Session and/or Closed Session Agenda Changes, Additions and Deletions General Public Comment City Manager Comments Council Member Questions, Comments and Announcements Consent Agenda Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 73  Packet Pg. 116 of 146  City Council Protocols and Procedures Handbook 16 one item. Action Items Adjournment Items Considered After 10:30 p.m.: The Council makes every effort to end its meetings before 11 p.m. With that goal in mind, the Council generally does not start discussion of new matters after 10:30 p.m. Before 10 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 p.m. and, if so, which specific items will be taken up. 3.1. Call to Order The meeting can be called to order in recognition of a holiday or special designation to bring awareness and show appreciation of that holiday or special designation. The Mayor will determine such recognitions in consultation with the Manager, and dates will primarily originate from a calendar adopted by the Council. 3.2. Closed Sessions Closed sessions are the only part of a Council meeting that the public cannot attend though to the public may make public comments before the start of the closed session. Council may meet in closed session only as specifically authorized by State law. The most common types of closed sessions are labor negotiations, litigation, employment issues, and real estate negotiations. The Council will make a public report after the session where required by State or local law. (a) Closed Session Requirements 1) Announcements Before Closed Sessions The Mayor/City Clerk shall announce the item or items to be considered in closed session by reference to the appropriate agenda number or letter, or in an alternate form that shall be provided by the City Attorney. 2) Public Comments Members of the public are permitted to make public comments on closed session matters. The City Clerk shall be present in the open session to record Council attendance and any statements made by the public or by the Council. 3) Vote to Go into Closed Session The Council shall vote to go into closed session. 4) Attendance The City Manager and City Attorney, or their designees, shall attend closed sessions unless it is necessary to excuse them. Additional staff and consultants may attend, but only to the extent that their attendance is necessary to support Council’s consideration of the item. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 74  Packet Pg. 117 of 146  City Council Protocols and Procedures Handbook 17 5) Public Reports State and local law require the Council to make a public report after a closed session when certain kinds of actions are taken (PAMC section 2.04.030). Reports from closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City representative as designated by the Council. Such designated person is the only individual authorized to make public statements concerning the closed session. It is the policy of the Council to inform the public of action taken in closed session to the greatest extent possible. It is recognized, however, that the need for confidentiality is inherent in closed sessions and that certain matters if revealed may be a detriment to the results desired. The Council shall publicly report: (A) any decision to appoint, employ, or dismiss a public employee and the roll call vote thereon at its next public meeting; (B) actions related to litigation and the roll call vote on such actions, unless the report would, in the written opinion of the City Attorney for specifically stated reasons, clearly jeopardize the City’s ability to effectuate service of process on one or more unserved parties or impair the City’s ability to resolve the matter through negotiation, mediation or other form of settlement. Notwithstanding the City Attorney's written opinion, the Council may under any circumstance, by majority vote, determine that it is in the City's best interests to disclose actions taken in closed session related to litigation. The public report shall be given as soon as possible, but no later than the next regular meeting, and shall include the vote or abstention of every member present. The City Attorney’s written opinion shall be made public, along with any action taken and any vote thereon, as soon as any litigation is concluded. The City Attorney shall record any action and vote upon such forms as the City Attorney may deem desirable; (C) Other matters as required by law. 6) No Minutes No minutes of closed sessions shall be kept. The City Attorney shall record the information necessary to comply with State law and Municipal Code section 2.04.030. 7) Confidentiality No person in attendance at a closed session may disclose the substance or effect of any matter discussed during the session (PAMC section 2.04.040), except to the extent authorized by a majority vote of Council or as required by a court. 3.3. Study Sessions Study Sessions are agenda items during which the Council receives information about City business in an informal setting. Study sessions are intended to be discussion items only. The Decorum rules still apply to the behavior of the Council and public. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 75  Packet Pg. 118 of 146  City Council Protocols and Procedures Handbook 18 (a) Study Session Procedures 1) Time Special study sessions will be held as needed. 2) Topics and Process Study sessions are intended to be conducive to in-depth factual presentations by City staff and detailed questioning and brainstorming by Council on issues of significant interest. The Council may discuss the material freely without following formal rules of parliamentary procedure, and the shall have discretion to determine the appropriate process for conducting the study session, including when public comment will be heard. 3) Public Participation Members of the public are allowed to make public comments on study session matters at the time directed by the presiding officer. The general rules of decorum apply. 4) No Action Taken Staff may be directed to bring matters back for Council consideration at future meetings, as no action can be taken. 3.4. Special Orders of the Day Council may acknowledge a special appreciation for individuals or groups for achievements, holidays (dates included in the annual Council-adopted calendar), etc., through the Special Order of the Day. This can be done through: - A certificate of recognition for individuals linked to a certain event or holiday - Information read by Council members in honor of a group or individual - A proclamation or resolution presented to a group or individual - Informational presentation from a community group about their program. 3.5. Agenda Changes, Additions, and Deletions (a) By majority vote, Council may change the order or delete an item from the agenda. Council may not add items to the agenda except in cases of emergency as defined by State law. (b) When the Council decides to reschedule business items, the business items will generally be rescheduled as follows: 1) Items Rescheduled to a Date Uncertain When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor shall confer on an appropriate date to reschedule the item. 2) Items Rescheduled to a Date Certain Council may reschedule an item to a specific future Council meeting. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 76  Packet Pg. 119 of 146  City Council Protocols and Procedures Handbook 19 3.6. General Public Comment (see Section 5 on Public Participation for more details about “General Public Comment”) 3.7. City Manager’s Comments 3.8 Council Member Questions, Comments, and Announcements (including reports on Boards, Commissions, and Committees) The purpose of this agenda item is to allow Council to briefly ask staff about matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. If more than brief statements are desired, the item shall be agendized for a future meeting in the manner otherwise provided by these Procedures, such as by the City Manager or through a Colleagues Memo. Major policy issues and new assignments will not be discussed or considered in this item. To the extent possible, Council will confer with staff before raising matters under this agenda item. This agenda item will generally last up to 15 minutes and the public may not comment. 3.9. Consent Agenda The Consent Agenda is the section where items not anticipated to require discussion can be presented and acted upon efficiently by Council. This generally includes administrative items; implementation of policies and programs previously approved by Council, including contracts; and other routine or non-controversial items. The Mayor and City Manager should be sensitive to high dollar value contracts and consider placing those items in the action agenda section. The consent section may include: (a) Ordinances and Resolutions The following ordinances and resolutions may appear on a consent calendar: 1) Second Reading (passage and adoption) of Ordinances. 2) Resolutions that are ceremonial in nature. 3) Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans), the Council Priorities, and other similar sources. 4) Budget amendments that accept funding such as grants or gifts, provided Council has previously approved the activity or program. 5) Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. 6) Clerical amendments to local laws. 7) Conforming amendments to local laws that are required by State law, except items of significant public interest. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 77  Packet Pg. 120 of 146  City Council Protocols and Procedures Handbook 20 (b) Administrative Matters Including Contracts, Appointments, Approval of Applications, and Any Other Matter An administrative matter may be placed on the consent calendar if it is: 1) An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the Staff Report accompanying the item. 2) Contracts for which the subject or scope of work has been previously reviewed by the City Council. 3) A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include routine maintenance contracts, annual audit agreements software and hardware support agreements, janitorial services, and copier agreements or postage machine agreements. 4) Designation of heritage trees. 5) Designation of historic building at the request of the property owner if there are no unusual policy ramifications. 6) Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity. 7) Items identified in the Municipal Code for placement on Consent. This includes, for example, certain appeals of determinations of the Director of Planning and Development Services. 8) Approval of minutes. 9) Referral of an item to a Standing Committee, Committee, Board, Commission, or Council Appointed Officer. 10) Other similar matters as determined by the City Manager, in consultation with the Mayor. (c) Items Unanimously Recommended for Approval by a Council Committee or Council-Appointed Board or Commission, Unless Otherwise Recommended by the Committee/Commission, Mayor, City Attorney or City Manager Items recommended unanimously for approval by Council committees and Council-appointed boards and commissions are generally placed on Consent, except as otherwise recommended by the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as required by law. (d) Public Comment on Consent Agenda Members of the public wishing to speak to items on the Consent Calendar shall be permitted to speak prior to Council Member requests to remove an item or the vote to adopt the Consent Calendar. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 78  Packet Pg. 121 of 146  City Council Protocols and Procedures Handbook 21 (e) No Discussion or Debate; Voting; Recusals; Speaking to a No Vote There shall not be discussion or debate on any item on the Consent agenda. A Council member who needs to recuse themself from a Consent item shall inform the Mayor and make any public disclosure that is required. The Clerk shall record the recusal on the item. Any Council member may request that his or her vote be recorded as a "no" on any item or items on the Consent agenda. Any Consent item not receiving the number of “yes” votes required for the item is not approved. Council members may explain their "no" votes at the end of the Consent Agenda, with 3-minutes permitted for non-appeal items and 5 minutes for appeal items for each Council member. Council members may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements. (f) Council Requests to Remove Items from Consent Agenda Three Council members may request that an item be removed from the Consent Agenda except where otherwise required by the Municipal Code. Under the Municipal Code, four votes are required to remove a second reading of an ordinance from the Consent Agenda. Removed items will be heard either later in the meeting or agendized for a subsequent meeting, depending upon the number of speakers, the anticipated length of the items that have been officially scheduled for discussion on a particular evening, the availability of staff required to support the discussion, and legally- required noticing procedures. The Mayor, in consultation with the City Manager, will decide when any removed items will be heard. Council members who intend to request to remove an item should strive to inform the City Manager’s office no later than noon the Sunday before the meeting. This is so that the Manager can assess the operational impacts of rescheduling a removed item to a later agenda and, if appropriate, can arrange for appropriate staff to attend Council to support consideration of the item. 3.10. Action Items 3.12. Adjournment * * * Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 79  Packet Pg. 122 of 146  City Council Protocols and Procedures Handbook 22 SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS 4.1. Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V) (a) Motions, Debate & Voting Policy and Summary of Rules It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions the Council can make and when those motions are properly used. See the Summary Table below. Purpose The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business in order to create open respectful discussion and results that serve the public interest. (b) Motions A motion is a formal proposal by a Council member asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Motions may be provided to the City Clerk in advance of the Council meeting so that the Clerk can efficiently post the motion on the screen for the convenience of the community and Council members. There are two types of motions; these are the “main” motion and any secondary motions. Only one main motion can be considered at a time. The main motion is the first motion to be made and receive a second. A secondary motion is described below which can be considered while a main motion is pending. 4.2. Motion Procedures (a) Main Motion Procedures 1) Get the Floor A Council member should seek permission of the presiding officer before making a motion. 2) State the Motion A motion is made by a Council member (the “maker”) stating his or her proposal. Longer proposals can be written. 3) Second Required Any other Council member (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may “second” the motion without first being recognized. 4) Motion Transcribed The Clerk shall transcribe the motion so that Council members, the public and staff can read it. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 80  Packet Pg. 123 of 146  City Council Protocols and Procedures Handbook 23 5) Lack of a Second If there is no second stated immediately, the presiding officer should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered. 6) Discussion The maker shall be the first Council member recognized to speak on the motion if it receives a second. The seconder shall be the second Council member to speak on the motion. Generally Council members will speak only once with respect to a motion. If the presiding officer or Council permits any Council member to speak more than once on a motion, all Council members shall receive the same privilege. 7) Secondary Motions Secondary motions may be made by a Council member upon getting the floor. 8) Action After discussion is complete the Council will vote on the motion under consideration. (b) Secondary Motion Procedures Only one main motion may be entertained by Council at a time. The Council recognizes the following secondary motions which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list: The purpose of the allowed secondary motions is summarized in the following text and table. 1) Fix the time to which to adjourn This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. 2) Adjourn This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. 3) Take a recess This motion interrupts the meeting temporarily. It is amendable but is not debatable. 4) Raise a question of personal privilege This motion allows a Council Member to address the Council on a question of personal privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 81  Packet Pg. 124 of 146  City Council Protocols and Procedures Handbook 24 5) Lay on the table This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter must be reagendized in the future if further consideration is to be given to the matter. 6) Previous question This motion “calls the question” by closing debate on the pending motion. A motion for previous question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two- thirds vote of those Council members present and voting. 7) Limit or extend debate This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of those Council members present and voting. 8) Continue to a certain time This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. 9) Refer to a city agency, body, committee, board, commission or officer This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to Council, at which time subject is fully debated. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. 10) Amend or substitute A motion to amend retains the original motion and modifies it in some way. A substitute motion deletes the original motion and replaces it with a different motion. Both require a second, are amendable, and are debatable only when the motion to which they appy is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying a motion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 82  Packet Pg. 125 of 146  City Council Protocols and Procedures Handbook 25 C. Motion Process Reference Chart Motion Description 2nd Required Debatable Amendable 2/3 Vote Fix the time to which to adjourn Sets a next date and time for continuation of the meeting YES Only as to time to which the meeting is adjourned YES NO Adjourn Sets time to adjourn. Not in order if (a) repeated without intervening business (b) made as an interruption of a member while speaking; (c) the previous question has been ordered; and (d) while a vote is being taken YES Only to set the time to which the meeting is adjourned NO NO Take a recess Purpose is to interrupt the meeting YES NO YES NO Raise a question of privilege Allows member to address Council on a question of personal privilege limited to Council welfare or cases where a member’s personal integrity, character, or motives are questioned. NO NO NO NO Lay on the table Interrupts business for more urgent business YES NO NO NO Previous question (close debate or “call the question”) Closes debate on pending motion YES NO NO YES Limit or extend limits of debate Purpose is to limit or extend debate YES NO YES YES Motion to continue to a certain time Continues the matter to another, specified time YES YES YES NO Refer to committee Sends subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated YES Only as to propriety of referring, not substance of referral YES NO Amend or substitute Modifies (or reverses course of) proposed action. Cannot raise independent question. Can amend an amendment, but no further YES Only if underlying motion is debatable YES NO Motion to Reconsider Motion that can be made only during the meeting or adjourned meeting in which the action was taken YES YES NO NO Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 83  Packet Pg. 126 of 146  City Council Protocols and Procedures Handbook 26 4.3. Voting and Debate of Agenda Items (a) Presiding officer to review motion The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer and the maker of the motion should work with the City Clerk to clarify the motion before allowing debate to begin. The presiding officer may review the motion prior to voting. (b) Presiding officer may debate and vote The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council members. The presiding officer shall not be deprived of any of the rights and privileges of a Council member. (c) Division of question If the question contains two or more divisible propositions, each of which is capable of standing as a complete proposition if the others are removed, the presiding officer may, and upon request of a Council member shall, divide the same. The presiding officer's determination shall be appealable by any Council member. (d) Withdrawal of motion A motion may only be withdrawn by the maker with the consent of the Council Member seconding it. (e) Change of vote Council members may change their votes before the next item on the agenda is called. (f) Voting On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device and entered in full upon the record, except where state law requires a roll call vote (g) Failure to vote It is the responsibility of every Council member to vote unless the member is recused. No Council member can be compelled to vote. (h) Abstaining from vote Council members should only abstain if they are not sufficiently informed about an item, e.g., when there was a prior meeting on the topic and they were unable to view the prior meeting before the current meeting. In the event of an abstention, or silence during a vote, the abstainer in effect, "consents" that a majority of the quorum of the Council members present may act for him or her. (i) Not participating A Council member who is recused from an item due to a conflict of interest, common law bias, or other legal prohibition shall make disclosures required by law, leave the dais if required, and not participate in any way in the discussion or determination of the item. A Council member may otherwise disqualify themself to avoid an appearance of impropriety. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 84  Packet Pg. 127 of 146  City Council Protocols and Procedures Handbook 27 (j) Tie votes Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Council voting yes or no during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter to another date. To the extent allowed by law, it is the Council’s intention that any continuance hereunder shall suspend the running of any time in which action of the Council is required by law. Nothing herein shall be construed to prevent any Council member from recommending the agendizing of a matter that resulted in a tie vote for a subsequent meeting. (k) Motion to reconsider A motion to reconsider any action taken by the Council may be made only during the meeting or adjourned meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing side of an issue but may be seconded by any Council member. A motion to reconsider may be made at any time and shall have precedence over all other motions, or while a Council member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may be moved only once on the same motion. However, a Council member may make a motion to rescind such action at a subsequent meeting of the Council, provided an appropriate item is on the published agenda. (l) Appeal from the decision of presiding officer When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Council member. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the decision or ruling of the presiding officer is reversed. (m) Getting the floor; improper references to be avoided Every Council member desiring to speak shall address the presiding officer and, upon recognition by the presiding officer, every Council member shall be confined to the question under debate, avoiding all indecorous language and personal attacks. (n) Interruptions Except for being called to order, a Council member once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Council member called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Council member shall be permitted to proceed. (o) Council Member Speaking Time The presiding officer shall give each Council member 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 Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 85  Packet Pg. 128 of 146  City Council Protocols and Procedures Handbook 28 direction of the presiding officer . The presiding officer shall endeavor to treat all members equitably. 4.4. Quasi-Judicial Matters (a) Quasi-Judicial Matters It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve consideration of an application to develop real property. The City, including Council and associated Boards and Commissions, reaches a determination by applying standards and requirements in existing law to the facts and evidence submitted in the hearing. Findings must be stated to explain the evidentiary basis for Council’s final decision. Purpose These rules are intended to assure that City Council decision making on quasi-judicial matters is based upon facts and evidence known to all parties and to support the role of Boards and Commissions in making independent recommendations to Council. General Requirements 1) Quasi-Judicial Proceedings Defined Quasi-judicial proceedings subject to these procedural rules include hearings involving the following matters: (A) Conditional Use Permits (B) Variances (C) Home Improvement Exceptions (D) Design Enhancement Exceptions (E) Subdivisions, other than final map approvals (F) Architectural Review (G) Other Matters as Determined by the City Attorney 2) Restrictions on Council Communications Outside of Quasi-Judicial Hearings It is the policy of the Council to discourage the gathering and submission of information by Council members outside of any noticed public meeting, prior to final recommendations by the Architectural Review Board or Planning & Transportation Commission. The following procedural guidelines are intended to implement this policy but shall not be construed to create any remedy or right of action. 3) Identification of Quasi-Judicial Matters The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial matters on both the tentative and regular Council agendas. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the matter. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 86  Packet Pg. 129 of 146  City Council Protocols and Procedures Handbook 29 4) Council to Track Contacts Council members should track contacts with any person or entity pertaining to quasi-judicial matters. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member. 5) Disclosure When a quasi-judicial matter is agendized at Council, Council members will disclose on the record any contacts they have had outside of a noticed meeting, identify any new or different information they have received, and note information that may influence their preliminary views or opinions about the item. Disclosures may be oral or written and should explain the substance of the contact so that the project applicant, other Council members, interested parties, and the public will have an opportunity to learn of the factors influencing the Council's decision and have an opportunity to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Member from participation in a quasi-judicial matter unless the Council Member, in consultation with the City Attorney, determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item. 6) No Contacts after Hearings Following closure of a quasi-judicial hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff. 7) Written Findings Required On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated. 8) Rules of Evidence Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council. 9) Council Members Who are Absent During Part of a Hearing A Council member who is absent from any portion of a hearing conducted by the Council Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 87  Packet Pg. 130 of 146  City Council Protocols and Procedures Handbook 30 may vote on the matter provided that he or she has watched the video record of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent. Council members who were absent should state for the record that they have reviewed the proceedings and materials. (b) Presenting at Quasi-Judicial Hearings In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, each individual appellant shall be given a minimum of 5 minutes for presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the Presiding Officer shall independently, or may upon advice of the City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant. (c) Submittal of Materials Directly to Council If Council Members receive materials related to a quasi-judicial agenda item they should notify the City Clerk and the City Manager as soon as possible so that the materials can be placed in the official record and distributed to all Council members, parties to the proceeding, staff and the public. * * * SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL 5.1. Public Participation During City Council Meetings Overview The Council welcomes members of the public to participate in meetings through public comment opportunities. It is the policy of the Council to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government and civil, intelligent public discourse. Open government meetings must allow everyone to be heard without fear of cheers or jeers. For these reasons, the Council takes these rules seriously. Disruptive or unruly behavior in violation of the law can result in removal from the Council meeting and/or arrest and prosecution. (a) Access to Meetings 1) In-Person and Remote Participation Council meetings are available in person in the Council Chambers and through an online meeting platform. Members of the public are welcome to attend the meeting in person or Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 88  Packet Pg. 131 of 146  City Council Protocols and Procedures Handbook 31 to join the online meeting platform. 2) Translators Speakers may bring a translator as needed and will be allotted additional time, as appropriate. 3) ADA Access Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent with law. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650- 329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org. 4) If found feasible by staff, members of the public may be given the opportunity to activate their personal video during their public comments. (b) Summary of Rules for Public Participation Every regular Council agenda has two different kinds of opportunities for the public to speak. The first is during General Public Comment. The second is during the public comment or public hearing portion of each agenda item. 1) General Public Comment This part of the meeting is provided so that the public can speak to any subject that is in the Council’s jurisdiction, when there is no item listed on the agenda on that topic. The Council limits the total time to up to 30 minutes per meeting for General Public Comment. State law does not permit the Council to act on or discuss an item raised at that meeting in General Public Comment. Council members shall not enter into debate with speakers, but Council members may ask brief clarifying questions and may ask City staff to follow up on any concerns raised. 2) Public comment or public hearing portion of each agenda Item The Brown Act requires the opportunity for public comment on all listed agenda items, except ceremonial items, procedural items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and Council Member Questions, Comments and Announcements). Public comments or testimony must be related to the matter under consideration. (c) Time Limits 1) Individual Speakers The presiding officer will announce the time that each speaker may use. The Council generally allows 3 minutes per speaker, but a shorter time may be designated when there are many speakers,, numerous items on the agenda, or items anticipated to be lengthy. For example, if there are fewer than 10 speakers, the presiding officer typically will allow speakers 3 minutes to speak. Or if there are more than 10 speakers, then the presiding officer may choose to reduce the time for each speaker. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 89  Packet Pg. 132 of 146  City Council Protocols and Procedures Handbook 32 2) Spokesperson for a Group When a group of people wishes to address the Council on the same subject matter, they may designate a spokesperson to address the Council. Spokespersons are subject to the same time limits as other speakers, except that spokespersons who are representing a group of five or more people who have requested to speak and are verified as present in the Council Chambers or online will be allowed 10 minutes and will, to the extent practical, be called upon ahead of individual speakers. If the presiding officer reduces the speaking time for individual speakers, the total speaking time for a spokesperson will also be reduced as determined by the presiding officer. (d) Gaining Permission to Speak Any person who wants to make a spoken public comment on an item on the Council agenda can do so if they are attending either in person or virtually. If attending in person, members of the public should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff presentation. Members of the public participating virtually should use the “raise hand” function in the online meeting platform, or if participating via phone, hit *9 to notify the Clerk that they wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so that the speakers can be identified and organized in an orderly way. Unless otherwise determined by the presiding officer, requests to speak will be accepted until approximately five (5) minutes after the staff presentation ends. Approximately five (5) minutes before the end of the time when requests to speak will be accepted,, the presiding officer will endeavor to announce the pending cut off time. (e) Public Decorum During Meeting The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in order to assure a fair opportunity for everyone to participate in an open and civil setting. 1) No person, other than a Council member and the person having the floor, shall be permitted to speak without the permission of the presiding officer. 2) All remarks should be addressed to the Council as a body and not to any individual member or staff person. 3) No person, besides staff or the Council, shall enter the staff area of the Council dais without the permission of the presiding officer or appropriate Council Appointed Officer. 4) The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the conduct of a meeting; (2) Make threats against any person or against public order and security while in the Council Chambers; (3) Use the Council Chambers during meetings for any purpose other than participation in or observation of City Council Meetings. Any Council Member may appeal the presiding officer’s decision on a decorum violation to the full Council. Decorum violations are a misdemeanor and may lead to a person being removed from the Council meeting. (PAMC sections 2.04.120, 2.04.150.) Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 90  Packet Pg. 133 of 146  City Council Protocols and Procedures Handbook 33 (f) Record of Speakers 1) Persons wishing to address the Council within the meeting room, shall use the microphone provided for the public. All public speakers, whether in person or virtual participants shall speak in a recordable tone, either personally or with assistance, if necessary. 2) Speakers are requested to state their name but cannot be compelled to do so as a condition of addressing the Council. (g) End of Public Comment After a Council Motion Following the time for public input and once the matter is returned to the Council no person shall address the Council without first securing the permission of the presiding officer to do so, subject to approval of the City Attorney with respect to any hearing required by law. * * * SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail communications between Council members and staff on agenda-related items, including the following: 6.1. Submit Questions on Council Agenda Items Ahead of the Meeting In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council members are encouraged to submit their questions on agenda items to the City Manager or other appropriate Council Appointed Officer by 5:00 p.m. the Wednesday prior to the meeting so staff can be prepared to respond before or at the Council meeting. If a staff report is incomplete by 5:00 p.m. Thursday, there will be an extension to submit Council questions until 5:00 p.m. Friday. Council members are strongly discouraged from asking questions already addressed in the staff report. 6.2. City Council emails for Agenda-Related Items Procedure (a) Council members should direct any questions on staff reports and agenda items only to the City Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk should be directed to the appropriate Council Appointed Officer. (b) Council members should submit questions on agenda items no later than 5 p.m. on the Wednesday prior to the Council meeting at which the item will be discussed. Staff will make best reasonable efforts to post written responses to timely-submitted questions by Thursday 5 p.m. Any questions received after 5 p.m. on the Wednesday before the meeting may be responded to via e-mail, or alternatively, will be responded to at the Council meeting. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 91  Packet Pg. 134 of 146  City Council Protocols and Procedures Handbook 34 (c) Staff will not engage in “dialogues” with individual Council members regarding questions; however, follow-up questions to initial questions will be responded to at the Council meeting. (d) Staff will give highest priority to responding prior to the Council meeting via e-mail only on items on the Consent Agenda. Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the meeting, although Staff welcomes such questions in advance of the meeting in order to prepare for the Council and public discussion. Technical and clarifying questions on non-Consent Calendar items will be responded to as time permits. (e) If the staff will be responding to a Council members Consent Agenda question at the meeting rather responding to the question via e-mail, Staff will inform the Council member as early as possible after receipt of the question(s). (f) Questions and all staff-prepared responses will be forwarded to all Council members as well as post online for public review of Council agenda questions and staff responses. Staff will include the name of the Council member posing the questions in the “subject” field of the e-mail response. (g) Copies of all Council member agenda questions and staff responses will be emailed to the Council p and posted publicly on the meeting agenda. If staff responses are not released until the meeting date, they will be provided in printed form at the dais. * * * SECTION 7 – COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIES (a) Council Values In November 2022, the Council adopted a set of values as described here: The Palo Alto City Council holds these values to help guide decisions that: 1) Balance revenues and expenses, now and in the future. 2) Are environmentally sustainable. 3) Integrate equity into our decisions, considering how decisions affect people differently based on their identity or circumstances. 4) Make decisions that create a healthy, safe and welcoming community for all. 5) Safeguard public trust through transparent practices and open communication. 6) Embrace innovation. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 92  Packet Pg. 135 of 146  City Council Protocols and Procedures Handbook 35 (b) Annual Council Priorities Priorities Background and Definition The City Council adopted its first Council priorities in 1986. Each year the City Council reviews its priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the definition of a Council priority, and the Council’s process and guidelines for selection of priorities. There is a goal of no more than three to four priorities per year and priorities generally have a two- to three-year time limit. Council can identify two to three specific objectives within a priority. A Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. This varies from a Council value which is defined as an enduring goal and intention to guide the work of the City Council. The values (shared above) allow the City Council to maintain these enduring intentions while also selecting annual priorities that reflect shorter- term projects and goals. Purpose The establishment of Council priorities will assist the Council and staff to better allot and utilize time for discussion and decision making. Process In advance of the annual Council Retreat, staff will solicit input from the City Council on the priorities to be reviewed and considered for the following year. 1) Council members may submit up to three priorities. 2) Priorities should be submitted no later than December 1. 3) As applicable, the City Manager will contact newly elected officials for their input by December 1. 4) The City Manager and the City Clerk will solicit for the public to share proposed priorities prior to the Council retreat. The Policy and Services Committee shall recommend to the Council which suggestions if any shall be considered at the City Council retreat. 5) Staff will collect and organize the recommended priorities into a list for Council consideration and provide to Council in the packet for the City Council retreat. 6) If needed, the Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat. * * * Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 93  Packet Pg. 136 of 146  City Council Protocols and Procedures Handbook 36 SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT 8.1. Commit to Annual Review of Important Procedural Issues Once each legislative year, the Council will review the Procedures and Protocols Handbook. The Council will not politicize these procedural issues. 8.2. Enforcement Council members have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council members, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council members entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. Under circumstances where Council members believe that actions by another Council member are inconsistent with this Handbook and require formal review and potentially action, a public discussion and censure are available steps for review and enforcement. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 94  Packet Pg. 137 of 146  City Council Protocols and Procedures Handbook 37 PART II: CITY COUNCIL PROTOCOLS The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation. SECTION 1 – CITY COUNCIL CONDUCT 1.1. Positive Work Place Environment Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff. 1.2. Comply with Law Members shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of governments and City ordinances and policies. (a) Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff. 1.3. City Council Core Responsibilities (exist. Protocol Sec. 1) All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. (a) All Council Members: 1) Demonstrate honesty and integrity in every action and statement 2) Comply with both the letter and spirit of the laws and policies affecting the operation of government. 3) Serve as a model of leadership and civility to the community 4) Inspire public confidence in Palo Alto government 5) Work for the common good, not personal interest 6) Prepare in advance of Council meetings and be familiar with issues on the agenda 7) Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others 8) Do not politicize procedural matters such as minutes approval or agenda order for strategic purposes 9) Participate in scheduled activities to increase Council effectiveness Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 95  Packet Pg. 138 of 146  City Council Protocols and Procedures Handbook 38 10) Review Council procedures, such as these Council Protocols, at least annually 11) Represent the City at ceremonial functions at the request of the Mayor 12) Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations 13) Respect the proper roles of elected officials and City staff in ensuring open and effective government 14) Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town 1.4. General Member Conduct Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. (a) Conduct of Members The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff or the public. Rude and unprofessional behavior are also unacceptable. Council members are expected to share factual information during meetings and within the public domain and Council members should refrain from repeating false and misleading information. (b) In Public Meetings 1) Use Formal Titles The Council should refer to one another formally during Council meetings as Mayor, Vice Mayor or Council Member followed by the individual’s last name. 2) Practice Civility and Decorum in Discussions and Debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. 3) Honor the Role of the Presiding Officer in Maintaining Order and Equity Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the City Council Procedural Rules. 4) Demonstrate Effective Problem-Solving Approaches Council members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council members are role models for residents, businesspeople and other stakeholders involved in public debate. 5) Be Respectful of Other People's Time Stay focused and act efficiently during public meetings. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 96  Packet Pg. 139 of 146  City Council Protocols and Procedures Handbook 39 (c) In Private Encounters 1) Treat Others as You Would Like to be Treated Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way. 1.5. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 1.6. Advocacy (a) Representation of Private Interests In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any other board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. (b) Advocacy Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do. (c) Council Voting Delegate Authority at Conferences / Annual Meetings The Council may authorize a Council member to act as the voting delegate at conferences or meetings of other bodies, including, but not limited to, the League of California Cities annual conference, National League of Cities conference, and the Association of Bay Area Governments (ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting delegate with specific direction on proposed resolutions and other matters. When provided specific direction, the voting delegate’s authority is limited to matters on which the Council has directed the delegate to vote. In the absence of explicit direction, when the Council member is aware of a prior position the Council has taken, the Council member will adopt that position. (d) Be Cautious in Representing City Positions on Issues Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents remember to indicate, if appropriate, that the views you state are your own and may not represent those of the full Council. As a Council member, it is important to remember to indicate when the views you state are your own versus views which represent those of the full Council. This is relevant whether sending correspondence related to a legislative position or corresponding with constituents or representatives of other governmental agencies or organizations. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 97  Packet Pg. 140 of 146  City Council Protocols and Procedures Handbook 40 Council Members appointed to regional boards, commissions, or agencies shall stay informed of any positions adopted by Council relevant to the jurisdiction of the Board and shall consider such positions along with other pertinent information in carrying out their duties on the regional body. In the case where a Council member is speaking publicly on an issue on which Council has taken a position, and that Council member also serves on a regional body that has also taken a position, , the Council member should clearly state whether they are speaking on behalf of the City or the regional body. (e) Use of City Letterhead Official Mayor/City Council letterhead should only be used for correspondence signed by the Mayor or City Council members when specifically directed by the Council or consistent with prior City Council direction. This applies to the use of any stationery that could be interpreted as official letterhead. 1.7. Council Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. (a) Treat All Staff as Professionals Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff. (b) Channel Communications through the Appropriate Senior City Staff Questions of City staff should be directed only to the City Manager, Assistant City Manager, City Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on any request to Department Heads. Council members should not set up meetings with department staff directly, but work through Department Heads, who will attend any meetings with Council members. When in doubt about what staff contact is appropriate, Council members should ask the City Manager for direction. However, nothing in these protocols is intended to hinder the access Council-appointed liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities. (c) In order to Facilitate Open Government, All Council Members Should Make Decisions with the Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative Agenda or in a Council Committee) (d) Never Publicly Criticize an Individual Employee, Including Council Appointed Officers. Criticism is differentiated from questioning Facts or the opinion of staff. All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation. Comments about staff in the office of the City Attorney, City Auditor or City Clerk should be made directly to these CAOs through private correspondence or conversation. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 98  Packet Pg. 141 of 146  City Council Protocols and Procedures Handbook 41 (e) Do Not Attend Staff Meetings Unless Requested by Staff Even if the Council member does not say anything, the Council member’s presence may imply support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively. (f) Depend upon the Staff to Respond to Citizen Concerns and Complaints It is the role of Council members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol on channeling communications. The senior staff member should respond according to the Policy and Procedure for Responding to Customer Complaints. Senior staff is responsible for making sure the Council Member knows how the complaint was resolved. (g) Do not Solicit Political Support from Staff The City Charter states that “Neither the city manager or any other person in the employment of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Council members shall refrain from coercing staff in making recommendations to the Council as a whole. (h) Use of Public Resources Council members shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. 1.8. Use of Staff Time (a) Do Not Get Involved in Administrative Functions The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal Code: “Neither the council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent the city manager from exercising individual judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately.” (b) Respect the “One Hour” Rule for Staff Work Requests for staff support should be made to the appropriate senior staff member, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda. The 1-hour rule applies to all Council members equally. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 99  Packet Pg. 142 of 146  City Council Protocols and Procedures Handbook 42 * * * SECTION 2 - CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. Council members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the full Council on matters for which the full council has not yet taken a policy position. In other instances, Council members may attend Board or Commission meetings as individuals, and should follow these protocols: 2.1. If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions. Council members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission should make a point to clearly state it is an individual opinion and not a representation of the feelings of the entire City Council. 2.2. Refrain from Lobbying Board and Commission Members It is inappropriate for a Council member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council members to contact Board or Commission members in order to clarify a position taken by the Board or Commission. 2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council members should not feel they have the power or right to unduly influence Board and Commission members. A Board and Commission appointment should not be used as a political reward. 2.4. Concerns about an Individual Board or Commission Member Should be Pursued with Tact If a Council member has concerns with a particular Board or Commission member fulfilling his or her roles and responsibilities and is comfortable in talking with that individual privately, the Council member should do so. If needed, the Councilmember may involve a Chair of a commission or the liaison to the commission if there is one. Alternatively, or if the problem is not resolved, the Council Member should consult with the Mayor, who may address the issue to the Council as appropriate. 2.5. Be Respectful of Diverse Opinions A primary role of Boards and Commissions is to represent many points of view in the community and Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 100  Packet Pg. 143 of 146  City Council Protocols and Procedures Handbook 43 to provide the Council with advice based on a full spectrum of concerns and perspectives. Council members may have a closer working relationship with some individuals serving on Boards and Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions. 2.6. Keep Political Support Away from Public Forums Board and Commission members may offer political support to a Council member, but not in a public forum while conducting official duties. Conversely, Council members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council member. 2.7. Maintain an Active Liaison Relationship Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission. 2.8. Role of Council Liaison to Board or Commission The role of Council liaison to a Board or Commission is to share prior Council discussions and actions on issues as applicable, and assist the Board or Commission in understanding likely Council perspectives on issues as well as how the Board or Commission might support Council decision- making. * * * SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL 3.1. Respond to Council Questions as Fully and as Expeditiously as is Practical The protocol for staff time devoted to research and response is in application here. If a Council Member forwards a complaint or service request to a department head or a Council Appointed Officer, there shall be follow-through with the Council Member as to the outcome. 3.2. Respect the Role of Council Members as Policy Makers for the City Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives 3.3. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings 3.4. It is Important for the Staff to Demonstrate Respect for the Council at all Times All Council members Should be Treated Equally * * * Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 101  Packet Pg. 144 of 146  City Council Protocols and Procedures Handbook 44 SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT 4.1. Mayor and Vice Mayor Additional Compensation The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional expenses of these offices. 4.2. Miscellaneous Expenditures (a) Expenditure of City Council Contingency Funds Requests for expenditure of Council Contingency Funds up to $10,000 should be made to the Mayor and Vice Mayor. Where the Mayor and Vice Mayor agree with the request, it will be announced during Council Member Questions, Comments and Announcements. The expenditure will be considered approved unless two or more Council members request additional information or discussion, in which case the expenditure will be agendized at a future meeting. Expenditures over $10,000 require action by Council motions, which shall be by Colleagues Memo placed on Consent, or as part of an agendized item. (b) City Purchase of Tickets or Sponsorship of Non-Profit Organization Events The City Manager may purchase tickets or sponsor events by non-profit organizations, subject to budget availability, under any of the following circumstances: 1) where the event serves a City educational purpose, 2) recognition for work done by staff (not including elected or appointed officials), or 3) expending budget allocations specifically intended for event attendance. (c) Expenditure for Annual Holiday Event Expenditures of up to $1,500 from the Council Special Events budget may be directed to be expended from an annual holiday celebration, subject to budget availability for attendance by Council members, executive leadership staff, and community leaders. Event details will be coordinated by the Mayor and facilitated by staff. 4.3 Council and Boards and Commission Travel Policy Council member travel expenses and reimbursements will adhere to the Citywide Travel Arrangements and Expense Reimbursement Policy (Administrative Policy 1-02/ASD) This policy is set by the City Council and applies to Council members and to Board and Commissions members. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in accordance with the Charter and Municipal Code, such expenditures must be from authorized appropriations. Council members are limited to six (6) times per year for travel reimbursements, subject to budget availability. Council member travel will be approved by the Mayor. (a) Support Services The City Clerk’s Office makes travel arrangements for Council members. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 102  Packet Pg. 145 of 146  City Council Protocols and Procedures Handbook 45 (b) Activities Not Considered Reimbursable 1) Voluntary attendance at any conference or meeting, not representing the City. A)Meetings of social or service organizations. 2) Meetings of voter groups or with individual citizens concerned with agenda items. 3) Election campaign activities. 4) Alcohol and entertainment expenses. 5) Personal portion of the trip and other non-mileage automobile expenses. (c) Reports to Council Council members and officials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors. (d) Violation of This Policy Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following: 1) Loss of reimbursement privileges 2) A demand for restitution to the City 3) The City reporting the expenses as income to the elected or appointed Official to state and federal tax authorities 4) Civil penalties of up to $1000 per day and three times the value of the resources used 5) Prosecution for misuse of public resources * * * SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. There are many State laws regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised of and comply with State law on these topics. Resource Links to be added here. Item 6 Attachment C-Clean Copy of 4.13.23 Council Procedures and Protocols Handbook        Item 6: Staff Report Pg. 103  Packet Pg. 146 of 146