HomeMy WebLinkAboutStaff Report 2309-20573. Discussion and Recommenda�on to the City Council Regarding the City Council Procedures and
Protocols Handbook – Annual Discussion
Policy & Services Committee
Staff Report
From: Chantal Gaines, Deputy City Manager
Meeting Date: November 14, 2023
Report #: 2309-2057
TITLE
Discussion and Recommendation to the City Council Regarding the City Council Procedures and
Protocols Handbook – Annual Discussion
RECOMMENDATION
Staff recommends that the Policy and Services Committee discuss any potential substantive
edits, changes, and revisions to the City Council Procedures and Protocols Handbook (CPP or
Handbook) and recommend desired changes to the City Council for consideration at its annual
retreat in early 2023. This is the first of a two-step process, where the suggestions are brought
to the Policy and Services Committee then considered by the full City Council at the retreat or
soon thereafter depending on agenda availability.
Staff can return to the Policy and Services Committee for the complete text review at a future
meeting or submit directly to the full City Council, pending direction by the Policy and Services
Committee.
BACKGROUND
The Municipal Code provides that the City Council shall adopt “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” (PAMC section 2.04.100). The City Council adopted the first version of the City
Council Procedures and Protocols Handbook in the early 2000s.
The Handbook calls on the City Council to review its procedural rules and protocols annually
(CPP, Protocols Section 3.1, p. 34). This is typically done at the City Council’s January/February
retreat (or soon thereafter depending on agenda availability). The Handbook has been
amended numerous times over a 20-year period with updates to particular sections, but the
Handbook had grown hard to follow. As a result, the whole document was revised, reorganized,
and reformatted in early 2023. This was a significant effort, led by the City Council, to improve
Handbook readability and ease of use for City Council Members, Staff and the public. The most
recent version of the Handbook is available online 1 and in Attachment B.
ANALYSIS
The CPP describes the way the Palo Alto City Council does its business and is a directional guide
(PAMC section 2.04.100). It is intended to accomplish two goals: first, the CPP is an
informational guide for anyone doing business or appearing before the City Council. Second,
the CPP is a compilation of procedures and protocols that have been formally adopted by the
City Council. Municipal Code 2.04.100 states the following related to the handbook:
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.
In preparation for the 2023 City Council retreat, Staff requests Committee review of the list of
suggested changes to the Handbook included as Attachment A. Staff combined a list of Staff-
generated potential changes based on observations throughout the year. These suggestions are
included for Committee consideration and discussion. Staff is soliciting the City Council for
proposed Handbook changes, and any received will be included as a supplemental report
before the November 14 Policy and Services Committee.
FISCAL/RESOURCE IMPACT
Staff will forward the Committee’s recommendations regarding suggestions for new/edited
procedures or protocols to the full City Council at the early 2023 City Council retreat.
Depending on the nature and extent of the new/edited procedure or protocol revisions sought,
the actual revision language could involve a moderate amount of staff resources to draft.
1 April 2023 Adopted Handbook: https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/city-
charterprocedures/2023-adopted-council-protocols-and-procedures-manual-5.2023.pdf
STAKEHOLDER ENGAGEMENT
The items included in Attachment A reflect feedback from Staff. Staff is soliciting Handbook
feedback from the City Council. As of the publishing of this report, no suggestions have been
received. Staff will share any suggestions received as a supplemental report before the
meeting.
ATTACHMENTS
Attachment A: Staff Proposed Changes to Council Handbook, Nov. 2023
Attachment B: April 2023 Adopted Council Procedures and Protocols Handbook
Attachment A – Page 1 of 2
Attachment A
Proposed Changes for City Council Handbook from Staff (as of November 2023):
A. Establish a protocol related to the gifts the City can receive from international partners such as
Sister Cities. The intention is to set a maximum amount of a gift that a City representative can
receive on behalf of the City. This would also include a note that City officials cannot accept
hotel accommodations from an international partner.
B. Establish as a procedure, additional guidance for proclamations, specifically identifying
guidelines on if and why proclamations can be brought forward.
C. Include in the Handbook as a procedure, additional guidelines for Ad Hoc Committees,
particularly related to Ad Hoc Committee scope, recommendations, expectations, and reports
back to Council. A set of draft principles for discussion is included below.
Note: Staff has not yet determined the exact sections to which these suggested changes will apply. In an
effort to keep the revised Handbook organized, Staff requests the ability to draft the exact language and
evaluate the best placement within the document as an administrative task and to bring the suggested
final language to City Council.
Draft Proposed Principles for Effective Council Ad Hoc Committees (related to C above)
1. Ad Hocs should be mindful to work within the scope delegated by the full Council. If an Ad Hoc
wishes to add scope to its delegation, the Ad Hoc should make this recommendation to the full
Council to confirm that the added scope reflects full Council concurrence.
2. Ad Hocs serve to ensure that staff recommendations brought to the full Council have been
vetted, and maximize the likelihood of streamlined full Council review and approval.
a. Ad Hocs do not direct staff work, recognizing that direction from an Ad Hoc to perform
work may conflict with priorities already assigned by the full Council.
b. Ad Hocs serve as a sounding board for staff as staff develop their recommendations. Ad
Hocs do not direct staff recommendations nor screen staff recommendations from the
full Council.
c. Ad Hoc members are encouraged to consider the likely views of their Council colleagues
in the input they provide to staff (without actually consulting others in a manner that
would violate the Brown Act).
d. Feedback from Ad Hocs inform staff recommendations to the full Council but may not
change them. Staff will exercise judgment in determining issues that warrant full council
discussion.
3. Where feasible, Ad Hocs should endeavor to develop their recommendations to the full Council
in a public setting. This provides an opportunity for public feedback on Ad Hoc
recommendations before full Council discussion. This may not always be feasible, and notable
exceptions may include real estate and other sensitive negotiations.
Attachment A – Page 2 of 2
4. Workplans can be a helpful tool to communicate the focus of an Ad Hoc, while recognizing that
some Ad Hoc topics may be exploratory. Workplans also assist staff in determining the level of
preparation needed to support Ad Hoc meetings.
5. Ad Hocs should be mindful of the time required from members as well as from staff. Ad Hocs
may meet without staff, though should keep staff informed if meeting with others (such as
community members or regional partners) given the potential impression that Ad Hoc members
represent the City on a topic.
6. Ad Hoc members are encouraged to keep Council and the public updated on their work on a
regular basis, through brief comments under Council Member Questions, Comments and
Announcements.
CITY COUNCIL
PROCEDURES AND
PROTOCOLS HANDBOOK
Procedures and Protocols Approved 04/24/2023
with New Table of Contents (last updated May 2023)
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.
TABLE OF CONTENTS
Introduction ............................................................................................................. 3
PART I: CITY COUNCIL PROCEDURES ......................................................................... 4
SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE ................................................. 4
1.1 Annual Organization of City Council ............................................................................. 4
1.2 Council Committees ...................................................................................................... 4
1.3 Respect the Work of the Council Committees ............................................................. 7
SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS ........................................ 8
2.1 Meeting Schedules, Agendas and Supporting Materials .............................................. 8
2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings ..... 9
2.3 Attendance Procedures ................................................................................................ 9
2.4 Colleagues’ Memos ..................................................................................................... 14
SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA .............................................. 14
3.1 Call to Order ................................................................................................................ 15
3.2 Special Orders of the Day ........................................................................................... 15
3.3 Closed Sessions ........................................................................................................... 15
3.4 Agenda Changes, Additions, and Deletions ................................................................ 17
3.5 General Public Comment (see Section 5 on Public Participation for more details
about “General Public Comment”) ............................................................................. 17
3.6 Council Member Questions, Comments, and Announcements (including reports on
Boards, Commissions, and Committees) ................................................................... 17
3.7 Study Sessions............................................................................................................. 18
3.8 Consent Agenda .......................................................................................................... 18
3.9 City Manager’s Comments.......................................................................................... 20
3.10 Action Items ................................................................................................................ 20
3.11 Adjournment .............................................................................................................. 20
SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS ......................................................... 21
4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4
U and V) ...................................................................................................................... 21
4.2 Motion Procedures ..................................................................................................... 21
4.3 Voting and Debate of Agenda Items ........................................................................... 25
4.4 Quasi-Judicial Matters ................................................................................................ 27
SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL ........................................ 29
5.1 Public Participation During City Council Meetings ..................................................... 29
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS ................................... 32
6.1 Submit Questions on Council Agenda Items Ahead of the Meeting .......................... 32
6.2 City Council emails for Agenda-Related Items Procedure .......................................... 32
SECTION 7 – COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIES ....................................... 33
SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT .......................... 35
8.1 Commit to Annual Review of Important Procedural Issues ....................................... 35
8.2 Enforcement ............................................................................................................... 35
PART II: CITY COUNCIL PROTOCOLS ......................................................................... 36
SECTION 1 – CITY COUNCIL CONDUCT .................................................................................... 36
1.1 Positive Work Place Environment .............................................................................. 36
1.2 Comply with Law......................................................................................................... 36
1.3 City Council Core Responsibilities (exist. Protocol Sec. 1) .......................................... 36
1.4 General Member Conduct .......................................................................................... 37
1.5 Decisions Based on Merit ........................................................................................... 38
1.6 Advocacy ..................................................................................................................... 38
1.7 Council Conduct with City Staff .................................................................................. 39
1.8 Use of Staff Time......................................................................................................... 40
SECTION 2 - CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS ........ 41
2.1 If Attending a Board or Commission Meeting, Identify Your Comments as Personal
Views or Opinions. ...................................................................................................... 41
2.2 Refrain from Lobbying Board and Commission Members .......................................... 41
2.3 Remember that Boards and Commissions are Advisory to the Council as a Whole, not
as Individual Council Members ................................................................................... 41
2.4 Concerns about an Individual Board or Commission Member Should be Pursued with
Tact ............................................................................................................................. 41
2.5 Be Respectful of Diverse Opinions .............................................................................. 42
2.6 Keep Political Support Away from Public Forums ....................................................... 42
2.7 Maintain an Active Liaison Relationship...................................................................... 42
2.8 Role of Council Liaison to Board or Commission ........................................................ 42
SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL ................................................................. 42
3.1 Respond to Council Questions as Fully and as Expeditiously as is Practical ............... 42
3.2 Respect the Role of Council Members as Policy Makers for the City ......................... 42
3.3 Demonstrate Professionalism and Non-Partisanship in all Interactions with the
Community and in Public Meetings ............................................................................ 42
3.4 It is Important for the Staff to Demonstrate Respect for the Council at all Times .... 43
SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND
MISCELLANEOUS EXPENSE REIMBURSEMENT ................................................................... 43
4.1 Mayor and Vice Mayor Additional Compensation ..................................................... 43
4.2 Miscellaneous Expenditures ....................................................................................... 43
4.3 Council and Boards and Commission Travel Policy .................................................... 43
SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors ....................................... 44
City Council Protocols and Procedures Handbook
3
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.
City Council Protocols and Procedures Handbook
4
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.
City Council Protocols and Procedures Handbook
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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
audits, capital planning and debt. (§2.04.210).
City Council Protocols and Procedures Handbook
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(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,
Council may, at its discretion, direct that the committee follow Brown Act procedures.
City Council Protocols and Procedures Handbook
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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.
* * *
City Council Protocols and Procedures Handbook
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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 5:30 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.
(c) 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.
City Council Protocols and Procedures Handbook
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(d) Supporting Reports and Materials
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.
(e) 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 15-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
City Council Protocols and Procedures Handbook
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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 summarized
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.
Council members are encouraged to consult in advance with the City Clerk and, if needed, the City
Attorney to ensure compliance with all required procedures.
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 the 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
City Council Protocols and Procedures Handbook
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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 intends to follow the procedures of Standard Remote Attendance
but 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.
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5) AB 2449 Remote Attendance Procedures
In 2022 the Legislature adopted AB 2449, which amended the Brown Act to allow remote
participation in certain narrow circumstances (listed below) without publishing the remote
location on the meeting agenda and without providing public access from the remote
location.
Where the requirements of AB 2449 are met, a Council member is not required to follow
the procedures described in Section 2.3(b)(3)(A)-(E), above.
A Council member may use AB 2449 if the Council member has either “just cause” or
“emergency circumstances” that require remote participation, as defined 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 as a 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
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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.
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…
1. “…no one over the age of 18.”
2. “…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].”
“In this room, I am accompanied by…
1. “…no one over the age of 18.”
2. “…one or more individuals over the age of 18. They are [RELATION (e.g., my
spouse, coworker, medical provider)].”
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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.
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:
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Call to Order
Special Orders of the Day
Closed Session
Agenda Changes, Additions and Deletions
General Public Comment
Council Member Questions, Comments and Announcements
Study Session
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
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 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.
3.3 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
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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.
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
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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.
3.4 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.
3.5 General Public Comment (see Section 5 on Public Participation for more details about “General
Public Comment”)
3.6 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
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public may not comment.
3.7 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 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.
3.8 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.
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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) 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
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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 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.
3.9 City Manager’s Comments
3.10 Action Items
3.11 Adjournment
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* * *
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.
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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 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
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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.
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.
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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
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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.
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(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
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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.
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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.
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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 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.
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(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 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 may 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 may allow speakers 3
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minutes to speak. Or if 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.
The presiding officer will endeavor to identify in advance the time when public comment cards will
no longer be accepted.
(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
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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
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.
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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
posted 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.
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(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.
* * *
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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.
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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
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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
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.
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5) Be Respectful of Other People's Time
Stay focused and act efficiently during public meetings.
(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
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correspondence related to a legislative position or corresponding with constituents or
representatives of other governmental agencies or organizations.
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
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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 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
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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
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
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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 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
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3.4 It is Important for the Staff to Demonstrate Respect for the Council at all Times
All Council members Should be Treated Equally
* * *
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
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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
* * *
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
City Council Protocols and Procedures Handbook
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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 No. 3 Supplemental Page 1 of 3
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Policy & Services Committee
Supplemental Report
From: Ed Shikada, City Manager
Meeting Date: November 14, 2023
Item Number: 3
Report #:2311-2229
TITLE
Supplemental Report to Discussion of City Council Procedures and Protocols Handbook - Annual
Discussion
RECOMMENDATION
Staff received these suggested discussion items for the City Council Procedures and Protocols
Handbook after the printing of the original staff report. These should be included in the
Handbook annual discussion as well.
ANALYSIS
Staff solicited the City Council for suggestions related to the annual discussion of the
Procedures and Protocols Handbook (Handbook). The information received is shown below and
should be included in the Committee discussion about the Handbook along with the staff
suggestions shared in the original staff report printed last week.
Suggestions from Council Members:
- Kou: no proposed changes
- Stone: no proposed changes
- Tanaka: no proposed changes
- Veenker:
o Revisit discussion on remote participation for public comment (audio and video)
o Procedures Page 14 (Sec. 3) Order of the Agenda: Consider adding a land
acknowledgement at the start of meetings
- Lauing:
o Procedures Page 30 (Sec. 5.1(b)1 says “The Council limits the total time up to 30
minutes per meeting for General Public Comment.” We sometimes don’t abide
by that. Should we abide by it strictly or have an exception clause (such as “at
Item No. 3 Supplemental Page 2 of 3
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the Mayor’s/Presiding Officer’s discretion the 30-minute limit can be
extended”)?
o Consider eliminating call-in public comment.
- Lythcott-Haims:
o Procedures page 30, Sec 5.1(a)(1) Mentions that the public can access the
meeting online. Given recent events, I feel we should discuss whether to
discontinue online public comment for items not on the agenda.
o Procedures page 34, Sec 7(b) says there is a 2-3-year time limit on City Council
priorities. This limitation was of concern to many of us last year. Feels like we
should discuss.
o Procedures page 34, Sec 7(b) also says Council will provide (only) 2-3 specific
objectives within a priority whereas this year we had many more. We should
discuss whether we are going to hold to this expectation in coming years or
whether we need to amend the handbook.
- Burt:
o We don’t have anything under the Consent Calendar on how long the members
of the public get to speak if speaking on multiple Consent items. I recommend
limiting it to 3 minutes total and it can be reduced according to other procedures
on public speaker time reductions.
o When Council members vote no on a Consent item and get to speak about their
no vote, we do not have a time limit set for them. I recommend it be limited to 3
minutes total, no matter how many items a Council member has voted no on.
o Council members’ use of public-funded events for their own political purposes:
need to clarify rules on this per FPPC.
o Protocols Page 37, Sec. 1.4(b)1: Council members should address each other
with formal titles. We should update this section to address that Committee
meetings can be less formal.
o Procedures Page 6, Sec. 1.2(d): Under CAO Committee, there is nothing about an
annual responsibility to schedule CAO performance evaluations. Language
should be added to address this scheduling responsibility for this committee.
Also should add that the CAO committee can review the contract on who will do
the CAO reviews as well as review and recommendation to Council related to
CAO recruitments.
o Agenda setting for Committee Business: the CPP does not spell out how
Committee agenda setting is done. It should say that Committee agenda setting
is done between the staff and the Committee chair based on the Council
referrals and annually assigned items. Can also include that agenda setting will
include items within the Council guided delegated topics of the Committee.
o New recommendation: That a Committee would be able to make
recommendations to the City Council for a Committee to be able to
discuss/explore a specific topic instead of always using a Colleagues’ Memo to
Council to get a topic delegated to the Committee.
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Note from Staff: For the Committee’s consideration when looking at the suggestions related to
remote / call-in participation, it should be noted that the City Council may revise its procedures
by ending (either indefinitely or temporarily) the call-in option for public comment. Doing so,
however, would foreclose the ability of City Council Members to use streamlined noticing
procedures under AB 2449 where there is just cause or emergency circumstances. To use
streamlined remote attendance procedures under AB 2449, the agenda must provide an
opportunity for all public comment via a call-in option, an internet-based option, and an in-
person option. (Government Code section 54953 (f)(1)(C)).
APPROVED BY:
Ed Shikada, City Manager