HomeMy WebLinkAbout1997-06-10 City CouncilCity of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
ATTENTION:
FROM:
Policy and Services Committee
CITY MANAGER DEPARTMENT: City Manager
AGENDA DATE: June 10, 1997 CMR:260:97
SUBJECT:STUDY OF CITY OF PALO ALTO BOARDS, COMMISSIONS
AND OTHER ADVISORY BODIES -- SUPPLEMENTAL
REPORT
REQUEST
The initial discussion of policies relevant to the City’s appointed boards, commissions and
other advisory bodies occurred at the October 22, 1996 meeting of the Policy and Services
Cornrnittee. The Committee reviewed the information presented by staff, responded to staffs
request for further policy direction and requested that staff return with additional
information. This supplemental staffreport facilitates the Committee’s continued discussion
and development of recommendations to Council.
RECOMMENDATIONS
Staffrecommends that Council adopt the policies conceming appointed boards, commissions
and other advisory bodies proposed in CMR:442:96 and further refined in this staff report.
These policies address the categories of advisory bodies, the levels of staff assistance, the
appointing and reporting relationships, basic orientation and training, fundamental
responsibilities, evaluation and recognition, the role of Council liaisons, process and criteria
for the creation of new advisory bodies, and the manner in which resources will be identified.
POLICY IMPLICATIONS
Active involvement of the community in its government has always been a basic tenet of the
City of Palo Alto. A few bodies are required by state or federal law, such as the Planning
Commission and the Community Development Block Grant Citizens Advisory Committee.
However, the great majority have been established, independent of any mandate, because of
the values gained from advisory bodies: a diversity of talents, additional perspectives,
increased levels of energy. However, the willingness to establish advisory bodies must be
balanced with the judicious use of City resources. Council adoption of these policies
CMR:260:97 Page 1 of 4
concerning the City’s boards, commissions and other advisory bodies will enable the City
to clarify the purpose of the bodies and to focus its resources on the tasks that are of highest
priority to the Council.
EXECUTIVE SUMMARY
The Experiences of Other Cities
As requested by the Policy and Services Committee, staff consulted with several other cities
to leam how they handled the support relationship between advisory bodies and staff. Staff
deliberately contacted cities with reputations for encouraging the involvement of citizens in
advisory bodies. See Attachment A for notes on the practices of specific cities. Staff found
that many practices are consistent with the policies identified for Palo Alto advisory bodies.
The cities that seemed able to do a better job in orientation are those where appointments to
all the key bodies occur at the same time of year and an extensive citywide orientation and
training program is presented uniformly to all new members. Some cities also present
periodic workshops for members of advisory bodies on parliamentary procedures, Brown Act
considerations, city demographic information, etc. Some require annual reports and work
plans to be prepared and presented to the Council. Those cities which have devoted time to
developing a comprehensive orientation and training program and procedures for members
of boards and commissions have found it worthwhile.
Additional Policy Statements and Revision of Format
Discussion at the October 22 Policy and Services Committee meeting identified the
following issues to be addressed in further formulation of the policies proposed by staff:
sunset provisions, responsibilities of Council liaisons, attendance and conflict of interest
policies, orientation, level of resources, and criteria for formation of new bodies. Staff has
addressed these issues by revising or adding policy statements, which are indicated by
shading in the attached draft. In addition, staff intends to develop a comprehensive
orientation and training program, which would expand upon the general policy statements
included in the attached draft, and return to Council for its approval at a later date. Many of
these additional policy statements are self-explanatory. Those revisions/additions requiring
explanation are as follows:
C~f Category A Adviso~
The October 22, 1997 draft policy for Council evaluation of Category A advisory bodies
required that "Council shall meet annually with each board and commission.." However,
from time to time, Council has found it more expedient to receive an annual report from a
board or commission. Staff has therefore revised the policy to require only that Council
receive annual reports from boards and commissions, thus leaving the decision to hold an
annual meeting up to the discretion of the Council.
CMR:260:97 Page 2 of 4
Process/Criteria for the Formation of New Advisory. Bodies
Staff has developed a step.by-step evaluation process, a "decision tree," to assist in
determining the need for a new advisory body. This process is illustrated and explained in
detail in the attached draft policy in Section 11 on pages 5-7. The intent of this process is to
assure that any proposal for a new advisory body is evaluated to determine its need, purpose,
value and its appropriate form; to assure that there will be no overlap or duplication of
responsibilities; and that the necessary City resources to support the proposed body are
clearly acknowledged and are available. Consisting of a series of six questions, indicating
decision points, the decision tree forces an examination of the intended function and purpose
of the body, its citywide application, necessary duration, and possible viable altematives,
leading to a decision as to whether to form a new body. Application of this evaluation
process will enable Council to clarify the purpose of advisory bodies and focus its resources
in the most efficient, cost-effective way.
City Resources Required to Support Advisory_ Bodies
The draft policies presented to Council on October 22 included a policy requiring that City
resources devoted to advisory bodies be acknowledged in the City’s budget. Departments
with responsibilities for supporting advisory bodies were to work with the Administrative
Services Department in the preparation of future budgets to include appropriate key plans
and impact measures and to establish a uniform way of coding time and expenses. Upon
further consideration and review, staff has determined that this policy would be an
impractical administrative burden which would not be cost effective and would not provide
a complete picture of costs, since items such as staff"overtime" spent in .evening meetings
are not referenced in the budget. Therefore, staff has omitted this policy and included instead
policies for determining the necessity and availability of City resources that would be
required for new advisory bodies. Section 12 on page 8 of the attached draft policy requires
responsible departments to estimate the time and resources that would be necessary to
supporta new body and to make this available to the Council at the time it is making a
decision to form a new body. This estimate is to include not only costs which could be
included in the City’s budget, but also costs not referenced the budget such as staff time
spent at evening meetings and any necessary tradeoffs or reallocation of resources from other
services and tasks.
Applying the Criteria for Designating New Advisory. Bodies
Concurrent with this study of boards, commissions and other advisory bodies, the issue of
creating two new bodies has arisen (Library Commission and Transportation Commission).
If Council approves the attached policies, staff will return with a recommendation on these
proposed commissions, based on the evaluation process outlined in the decision tree.
CMR:260:97 Page 3 of 4
FISCAL IMPACT
Implementation of the proposed policies would provide Council with a clearer picture of the
need, value, costs and trade-offs associated with forming new advisory bodies, thereby
enabling them to make more cost-effective decisions concerning new bodies.
ENVIRONMENTAL ASSESSMENT
This study is not a project under the Califomia Environmental Quality Act.
ATTACHMENTS
A. Notes: How other cities support advisory bodies
B. Drat~ Policies - Advisory Bodies
cc: Chairpersons of Existing Boards, Commissions and other Advisory Bodies
PREPARED BY:Janet Freeland, Intern
City Manager’s Office
CITY MANAGER APPROVAL:
FLEMING
Manager
CMR:260:97 Page 4 of 4
ATTACHMENT A
NOTES -- HOW OTHER CITIES SUPPORT ADVISORY BODIES
(from telephone interviews)
Ci_ty of Berkeley
Berkeley has at least 40 commissions, all of which are established by ordinance or resolution
(setting forth all the ground rules for the body) and all are subject to the Brown Act. Each of
Berkeley’s nine council members makes one or more appointments to each commission.
Appointments are for a minimum of two years unless a council member leaves office; then the
successor has the right to make new appointments.
One fulltime person in the clerk’s office is solely devoted to maintaining the membership of
these commissions. Additionally, each commission is supported by a staff person from the
relevant department. The clerk’s office handles orientation at the time the appointment is made.
Orientation materials include a full packet of information on parliamentary procedures, the
Brown Act, conflict of interest considerations, the enabling ordinance for the commission, the
city calendar and a city manual for members of commissions. The council member making the
appointment also meets with the new commissioner. The city clerk also holds an annual
workshop for commission members.
Fremont has far fewer advisory bodies than Palo Alto. Members are appointed by the mayor
with the consent of the council. Staff assistance is provided by departments. Each body has a
key staff person assigned. The level of support is not excessive. Departments are responsible
for orientation. The clerk provides some assistance in reeruilanent if needed.
The City_ of Mountain View
Mountain View has four major commissions and five additional council-appointed committees.
All have regular meetings and have full staff support provided by the responsible departments.
In addition to these permanent bodies, ad hoc committees and task forces may be appointed as
needed and will sunset when work is accomplished.
Annual joint study sessions are held with the council at which workplans are reviewed. There
are no council member liaisons, although some of the five additional council-appointed
committees have council member "slots" and the council members often appoint a citizen to fill
that slot on their behalf.
City of Pasadena
Pasadena has 30 advisory bodies, all appointed by the city council, thus all are subject to the
Brown Act. The department with direct responsibility for the related program area provides the
support to the advisory body. Staff is responsible for minutes and provides other essential
support. Depending on the charge to the advisory body, not all of the bodies meet regularly.
Staff believes there is probably a lot of overlap in committee responsibilities, but Pasadena
values community participation. On a periodic basis the advisory bodies come to the council in
groups to present their annual reports and receive approval of their proposed workplans.
The City_ of San Mate0
San Mateo has nine boards and commissions, each with nine members, appointed by the city
council, and thus all subject to the Brown Act. All nine are provided uniform clerical support.
Each body has a council liaison, based primarily on council member interest. There are also
temporary ad hoe committees appointed as needed, all with sunset provisions.
One,third of the members’ terms of each body expire each year, all in June, Thus council
appointments are all made at the same time of the year, facilitating an extensive uniform
orientation program. The clerk organizes a council-sponsored orientation night for all new
members soon after the appointments are made and before they begin serving on their bodies.
The session includes the council members, city manager, city attorney and city clerk. A
commissioners’ handbook is also distributed. A separate workshop is given on parliamentary
procedure. This citywide orientation is followed by specific department orientation.
Ci.ty of Sunnyvale
Sunnyvale has 12 permanent advisory bodies: 10 are appointed by the council, 2 are nominated
by community groups and approved by the council. Other occasional ad hoe committees may be
appointed by the city manager; these are shortterm and sunset when the work is completed.
Departments provide the staff support for their relevant advisory bodies; the greatest amount is
required by the Planning Commission and the Parks and Recreation Commission.
One-third of the time of the city’s volunteer coordinator is devoted to the recruitment and
orientation of members of advisory bodies. All orientation occurs before the new member is
handed over to the responsible department. Appointments to all advisory bodies are made at the
same time each year which facilitates a large scale uniform orientation program. A detailed
binder containing extensive background information on the city is given to each new member.
An orientation meeting is held at which the city attorney, a member of the city council, and a
former commissioner provide information on how to be a commissioner. Sunnyvale is also
planning further commission member development opportunities, e.g., a session on the city’s
demographics, the city’s management philosophy, etc.
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ATTACHMENT B
DRAFT
1. For purposes of these policies, there are three categories of advisory bodies.
Category. A. The Six bodies whose charges are specified in the Municipal Code and
whose members are Council-appointed: Planning Commission; Architectural Review
Board; Historic Resources Board; Human Relations Commission; Public Art
Commission, Human Relations Commission and Utilities Advisory Commission.
~. Those bodies which are appointed by City officials, have a reporting
relationship to the City and probably would not exist without the City, such as the
Child Care Advisory Committee; Disability Awareness Task Force Palo Alto Bicycle
Advisory Committee; Tree Task Force; and Newsrack Regulation Working Group.
~. Those bodies which support City functions and services but are generally
responsible to their own boards of directors, such as Canopy; Friends of the Palo Alto
Children’s’s Theatre; Neighbors Abroad; and Palo Alto Recreation Foundation.
2. The level of staff assistance which the City will provide to an advisory body is related to the
category assigned to the body
a. CategoryA Support
c. Category C - Limited Liaison
3. The levels of staff assistance are def’med below. Inclusion of an activity in these definitions
is not an absolute guarantee that staff will always be available to provide that assistance.
Determination of level of support for a body must take into account City resources and competing
priorities at the time.
a. Support may include:
bo
1’) schedule meetings and arrange meeting space
2) prepare agendas
3) prepare and distribute packets
4) attend meetings
5) assist in research related to assignments from Council or City Manager
6) prepare staff reports related to assignments from Council or City Manager
7) assist in the development of recommendations
8) prepare minutes to the level of detail required
9) edit correspondence and public information materials drafted by advisory body
10)facilitate transmission of advisory body’s interests, concerns and recommendations
to the City Manager and/or City Council
11) coordinate contact with other City staff or advisory bodies as necessary
12) assist in arrangements for board or commission related travel or training
Liaison may include the following, based upon the availability of staff resources as
determined by the City Manager:
1) schedule meetings and arrange meeting space
2) assist chair in preparation of agenda
3) prepare and distribute packets
4)prepare and/or distribute action minutes of meeting proceedings (any .greater level
of detail will be the resPonsibility of the body)
5) attend meetings when needed
6)facilitate transmission of advisory body’s interests and concerns to the City
Manager
7) coordinate contact with other City staff or advisory bodies as necessary
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c.Limited Liaison may include the following, again to be determined by the City
Manager:
1) attend meetings when needed
2) arrange meeting space when necessary
3)facilitate transmission of advisory body’s interests and concerns to the City
Manager
4) coordinate contact with other City staff or advisory bodies as necessary
4. Staff Assignments. In matters of staff assistance to advisory bodies, staff is ultimately
responsible to the City Manager and does not take assignments directly from the advisory body.
Staff is not meant to be an advocate for the advisory body, but rather a facilitator to enable the
body to carry out its responsibilities.
5. Fundamental Information. A common understanding of the goals and operating procedures
is essential for the effective functioning of advisory bodies. Those which are designated in
Category A and Category B are strongly encouraged to accomplish the following:
a.prepare, or be familiar with, the mission, charter or charge which clearly states the
purpose of the advisory body
bo adopt guidelines for the conduct of the body (e.g., who sets agenda, how will actions
be recorded, what is a quorum, how will conflicts be resolved, etc.)
prepare a statement of goals and a plan for evaluation, preferably incorporating a
periodic review process
6. Staff is responsible for the orientation of new members according to a program which includes
at least the following information.
. a. items listed in 5 a. b. and c. above
b. legal considerations related to the Brown Act, conflicts of interest, liability issues, etc.
Co an understanding of the relationship to the Council and the City Manager, the advisory
body’s place in the City organizational structure and how recommendations may fit in
the armual budget process.
d. knowledge of the goals and priorities of the Council and the adopted Comprehensive
Plan and how the work of the advisory body is meant to further the accomplishment
of those goals
7. Training, appropriate to the category of the advisory body, shall be made available to
members.
a.~. Resources will be budgeted to enable a limited number of members to
attend professional training and seminars related to their areas of responsibility.
bo ~. In-house or locally-sponsored training will be provided, as
outlined in Part II of this Policy. Team-building activities and periodic retreats are
acknowledged as important for effective group organization and participation,
leadership, development of mutual respect, etc.
Co Members .of Categories A and B bodies may have access to City training classes, on
a space-available basis. (City volunteers already have this benefit, therefore many of
those members of .C.alggf!!:Y.~ bodies may already be eligible for this.)
8. The use of subcommittees and task forces
a. Advisory bodies in Categories A and B may find it appropriate to use subcommittees
comprised of members of the advisory body to study particular issues and report back
to the larger body. They may include citizens with relevant expertise on these
subcommittees with the understanding that their service will end with the completion
of the specific task. ’
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bo Advisory bodies in Categories A and.B (with the exception of the Human Relations
Commission) shall not have the authority to appoint ongoing task forces or ad hoc
committees. This can only be done by the City Council or City Manager.
Co When task forces and ad hoc committees are appointed by the City Council, City
Manager or Human Relations Commission, it shall be with the understanding that their
service will end with the completion of the specific charge they were given or by a
specific date.
4
do In the case of the Human Relations Commission, .the Municipal Code states: "The
commission may establish task forces for advisory and investigative purposes. The
commission shall, by majority vote, appoint members of task forces, such task force
members to be approved by the mayor. Members of the commission may be appointed
as members of a task force." (PAMC, Sec. 2.22.030(d).)
9. Public Information. ’ Advisory bodies shall be cognizant of the public’s interest in their
activities and the~ importance of sharing information about their work with the public. Advisory
bodies in Categories A and B shall do the following:
a.Staff is responsible for assuring that Brown Act requirements and public noticing
procedures are complied with.
b.Responsibility for responding to, or initiating contacts with, the media will be
established.
c.Opportunities for soliciting public input into the work of the advisory body will be
sought.
10. Evaluation of existing advisory bodies
Category B - The City Manager’s periodic review shall address whether the charge to
the body has been accomplished and if termination should occur or be recommended,
depending upon where responsibility lay for appointing the body.
Category C - The City Manager’s periodic review shall address whether maintaining
a liaison to the body is still appropriate.
11. Creation of new advisory bodies (categories A and B)
5
Citizen group(s) ]
lla. Could function be performed by: ]
Category C:
Neighborhood Association
Friends of...
Other non-profit
(YES)
2a.City Manager
Action
2b.Council appointed
Ad Hoc or Task
Force
3a.Recommend Policy to
City Council
I1. Who is proposing the body?
Council
2. Will body need to
be Ongoing/
Permanent?
Citywide?
3. What is the purpose of body?
3b.Operational Advice to
City Manager
Category A:
¯ CC Appointed Board/Commission
Business group(s)
4. Could function be performed by
existing board/commission/committee?
4a.Within current 4b. By expanding
mission mission
Category B:
CM Appointed Committee
5. Will body require additional city resources?
6. Will necessary resources be
available?
i BOARD/COMMISSION/COMMITTEE IS FORMED
(Category A or B)
Category C:
Chamber of Commerce
Downtown Association
CAADA
Other organization
:yEs~
3c. Information dispersal
Intemet
City Staff
Friends of...
Other
bo If an advisory body is appointed by, and reports to the City Manager, it need not be
subject to the provisions of the Brown Act. Whether the open meeting requirements
are important to the conduct of the work of the body should be considered when
determining its appointing and reporting relationships.
c.At the inception, there should be a clear statement of the charge to the body, which
includes:
1) its purpose and authority
2) its duration (permanent or to sunset at a specific time)
3) the expected results
4) its relationship to the appointing party
5) the level of staff support, if any, which it will receive
The Palo Alto Charter and the Municipal Code provide the following policy statements concerning
compensation.
1)"Committees appointed by the City Manager shall serve without compensation."
(PA Charter, See. 6(q)).
2)"All members of boards and commissions shall serve without compensation as
members thereof. The city Council, by resolution, may establish an expense
allowance schedule at fixed periodic rates for any or all boards and commissions,
based upon estimated expenditures by the members of a particular board or
commission over an extended period of time, to reimburse such members for
expenses incurred in their service as members thereof." (PAMC, 2.16.030).
13. Recognition of advisory bodies
a. Members of advisory bodies in Category A shall be included in the City roster.
The appointment of new members to Category A bodies and the formation of new
Category B bodies shall be appropriately announced, by means of Council action, news
release, etc.
Co The departments which provide support or liaison to advisory bodies shall assure that
public recognition and appreciation are given to members commensurate with their
contributions; aecomplishrnents and length of service.
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