HomeMy WebLinkAboutStaff Report 286-10TO: HONORABLE CITY COUNCIL
ATTN: POLICY AND SERVICES COMMITTEE
FROM: CITY MANAGER DEPARTMENT: CITY MANAGER'S OFFICE
DATE: JUNE 22, 2010 CMR: 286:10
SUBJECT: Recommendation to Council on Proposed Changes to the City Council
Procedures and Protocols
RECOMMENDATION
Staff recommends that the Policy and Services Committee recommend to Council proposed
changes to the City Council procedures and protocols as outlined in this report.
DISCUSSION
Each year, the City Council reviews the adopted protocols and procedures and makes necessary
changes. The Policy and Services Committee typically provides a more in-depth review and
then forwards recommended changes to the Council. At the March 22 Council meeting, the
Council preliminarily reviewed the protocols and procedures and referred the discussion to
Policy and Services Committee for further review and recommendation. Attachment A contains
an excerpt from the minutes of that meeting. This year, there are several routine clean-up items
that staff is bringing forward along with several discussion questions focused on more
substantive changes to the protocols and procedures. These questions have primarily come from
the Council's discussion on March 22.
Here is a listing of the more routine changes, which are also reflected in the redline version of
the protocols and procedures in Attachment B:
• Page II-I-A -Regular Meetings: remove the posting outside at Downtown Library and
include posting in the City Plaza by the elevators.
• Page II-I-A -Regular Meetings: change the date of the distribution of the agenda and
reports from Thursday to Wednesday.
• Page II -6 (e)(1) -remove "resolution" from Mayor reading titles
• Page II-8 Item (4) -strike by a majority of a Council Committee
CMR:286:10 Page 1 of 4
• Page V-I (4) -The minutes for these meetings shall be sense minutes ...
• Page 2 of Protocols -add "designee" after City Manager
• Page 11 of Protocols -change reference from Assistant City Manager to City Manager
• Page 11 of Protocols -add "highest" before priority on last bullet
Discussion Questions:
These questions about the protocols and procedures have come from both staff and the Council.
The intent is to have a discussion about these items with the Policy and Services Committee and
then to forward any recommendations to the City Council for incorporation into the
protocols/procedures.
Procedures:
1) Procedures for Colleagues Memos: Given the earlier release of the Council agenda
packets, there is a need to adjust the deadline for submission of Council Colleagues
memos from Wednesday to Tuesday at noon. The current language on Colleagues
memos is found on pages II-8 to II-9 of the procedures. In addition, staff has
recommended some additional changes to the language that would require a section in
future colleagues memos that would identify the staff and fiscal impacts of the
recommended action. This section would be completed by the City Manager prior to
finalizing the memo for the agenda packet. This new language is reflected in the redline
version in Attachment B.
2) Is there a way to expand the Council prohibition on ex parte communications on quasi
judicial matters so that this type of communication is prohibited before review by the
Architectural Review Board and the Planning & Transportation Commission? This was
another topic raised by Council. The City Council Procedures Section IV contains
information on current quasi-judicial procedures and Council communications.
3) Should every Monday of month be designated for a Council meeting in the Municipal
Code so we don't have to identify meetings held on the last Monday of the month as
special meetings?
4) Oral communications speaker forms -The City Clerk's Office has been researching
different formats for the speaker cards submitted by members of the public to make them
uniform across all Boards and Commissions and to make them more informative.
Attachment C provides a sample of the revised card for the Committee's input and
feedback.
5) Late submittal of Planning application materials -At the May 11 meeting (Attachment D
-excerpted meeting minutes), the Committee discussed various options for increasing the
transparency of the Council decision making process as it relates to submittal of materials
for the Council packet. Staff agreed to move forward with recommended changes related
to a deadline for submittal of materials related to Planning applications. Staff has drafted
some proposed language, which is highlighted on page II -4 of the procedures. This is a
first step towards the Council's goals related to public accessibility and the Council
agenda packet. Below is the proposed language:
CMR:286:10 Page 2 of 4
Protocols:
Late submittal of Planning Application Materials. In order to allow for adequate
staff review and analysis and to ensure public access to materials, all plans and
other applicant materials related to Planning applications being heard by the City
Council must be submitted not later than noon one day prior to the release of the
Council agenda packet. If items are not submitted by this date, staff will continue
the item to the next available Council meeting.
6) What does maintaining an active liaison relationship with Boards/Commissions mean for
members of the Council? There was some discussion at the earlier Council meeting
about more clearly defining the Council liaison role with Boards and Commissions.
There was also an interest in setting guidelines for Council participation with Boards and
Commissions. The current protocol on Council Conduct with Boards and Commissions
is found on pages 4-5 of the protocols.
7) At the March 22 meeting, there was a discussion at Council about reinforcing and/or
strengthening the language about respecting work of Council standing committees. The
current language is found on page 6 of the protocols.
8) How does the City Council provide input and guidelines on the building of agendas? Is
there some way to better regulate the Council's workload? This was an issue raised by a
couple of Council members as a discussion topic given the amount of topics being heard
at each Council meeting and the length of Council meetings. Staff will be available to
discuss the current agenda setting process and there is language on page 6 of the
protocols addressing this issue.
9) There was a recommendation to add the Council travel policy as addendum to protocols
similar to the ethics addendum and the Council agenda email addendum. Attachment E
provides the current Council travel policy.
There are several other changes that will need to be made to the procedures and protocols if the
Council eventually adopts changes to the agenda packet distribution date. Staff brought forward
the changes outlined in this report so as to quickly move forward with some items. Further
changes to the protocols and procedures can be brought forward if and when the Council adopts
additional changes to the Council agenda process.
RESOURCE IMPACT
There are no resource impacts associated with the recommendations in this report.
POLICY IMPLICATIONS
This discussion is consistent with current Council direction and policies.
ENVIRONMENTAL REVIEW
This report is not a project requiring review under the California Environmental Quality Act
(CEQA).
CMR:286:10 Page 3 of4
ATTACHMENTS
Attachment A: Excerpt from March 22,2010 Council meeting minutes
Attachment B: Redline version of City Council Protocols and Procedures
Attachment C: Draft oral communications card template
Attachment D: Excerpt from May 11,2010 Policy and Services Committee meeting minutes
Attachment E: City Council travel policy
PREPARED BY:
KELL Y MORARIU
City Clerk
CITY MANAGER APPROVAL:
CMR:286:10 Page 4 of 4
Attachment A
City Attorney, Gary Baum inquired whether the City Council's intent was to
meet with representatives from Foothill De Anza Community College, and
not necessarily the Trustees from Foothill De Anza Community College.
City Manager, James Keene felt it was the intent of the City Council to invite
Foothill De Anza Community College representatives to present information
to the City Council and Palo Alto Unified School District Board Members.
Mayor Burt stated the jOint meeting would be inclusive of the City Council,
City Staff, and the Palo Alto Unified School District Board Members.
Council Member Klein stated his understanding was to hold a joint meeting,
of the City Council and Palo Alto Unified School District Board Members with
a combination of Trustees and staff members from Foothill De Anza
Community College presenting information.
Council Member Price requested that the joint meeting include: 1) an
informational presentation about the details of the Cubberley contractual
agreement between the City and PAUSD; and a broad discussion on the
current and future planned uses at Cubberley Community Center.
CITY MANAGER COMMENTS
City Manager, James Keene advised he had nothing to report.
ORAL COMMUNICATIONS
John Abraham, 736 Ellsworth Place, spoke on the Palo Alto Independent
Police Auditor's information on demographic data and racial profiling.
Mark Peterson-Perez, Cowper Street, spoke on jurisdictional issues regarding
oral communication speaker cards, and a Palo Alto Police Officer who was
arrested for driving under the influence.
Aram James, spoke on his support for the City to obtain an independent
statistician to review the Palo Alto's Independent Police Auditor's information
on racial profiling.
ACTION ITEMS
2. Review of Council Procedures and Protocols and Referral to Policy &
Services Committee.
City Manager, James Keene stated the review of Council Procedures and
Protocols was an annual Agenda Item. He spoke on its background and
intention. He indicated the Council Procedures and Protocols were subject to
change at the City Council's discretion.
2 03/22/10
City Clerk, Donna Grider highlighted the Council Procedures pertaining to
telephonic meeting participation, Colleagues Memos, removal of Agenda
Items from the Consent Calendar, Motions, Amendments and Substitute
Motions, and minor changes proposed by Staff that should be corrected.
Mr. Keene overviewed the recommended format for the City Council to
follow in discussing the Council Procedures and Protocols. The City Council
should identify issues and concerns and refer them to the Policy and
Services Committee (P&S). P&S would review and integrate the comments
into a revised handbook which would return to the City Council. He spoke
on the background and process of Colleagues Memos, and importance of
providing a draft copy of Colleagues Memos to the City Manager's Office
prior to finalization. He stated minor language corrections needed to be
amended throughout the Council Procedures and Protocols. He spoke on the
Council Protocol's key provisions regarding City Council conduct with Staff.
Council Member Klein requested clarification on the Council procedure
regarding removing items from the Consent Calendar.
Ms. Grider stated any Council Member may request that an item be removed
from the Consent Calendar by notifying the City Manager in writing no later
than noon on the day of the meeting.
Council Member Klein stated the removal of a Consent Item with no advance
notice was appropriate and should be amended within the Council Procedure.
Ms. Grider agreed with Council Member Klein.
Council Member Schmid stated there was ambiguity in the Council
Procedures for an item recommended for approval, if the Council Members
unanimously recommended placement of an item on the Consent Calendar,
by a majority of the Council Members.
Ms. Grider recommended that the last part of the section be removed to
make the Council Procedures read more clearly.
Council Member Schmid inquired to whom Council Members should submit
Council questions.
Ms. Grider stated the current language directed the City Council to submit
Council questions to the Assistant City Manager. She stated Staff's
recommendation was to direct the City Council to submit Council questions
to the City Manager.
3 03/22/10
Council Member Schmid stated regular City Council meetings were held on
the first three Mondays of each month. The fourth Mondays of recent
months had been scheduled for special City Council meetings. He inquired
whether the City Council meeting schedule should be changed.
Mayor Burt stated that was a discussion item for the City Council, rather
than a question for Staff.
Vice Mayor Espinosa inquired why the Council Procedures and Protocols were
not highlighted with the minor changes that were requested by Staff.
Ms. Grider stated the Council Procedures and Protocols would be thoroughly
reviewed by P&S.
Vice Mayor Espinosa inquired on a previous consideration made by the City
Council to display a large sign welcoming citizens to meetings, and
informational handouts on Oral Communications and Agenda Items to
increase engagement with citizens.
Mr. Keene stated this consideration would be forwarded to P&S for
consideration within the Council Procedures and Protocols.
Council Member Shepherd requested clarification on when Oral
Communications were heard during special Study Sessions.
Mayor Burt stated, in special Study Sessions, the City Council routinely
heard Oral Communications subsequent to the City Council's discussion.
Council Member Scharff stated, per the Council Procedures, special City
Council meetings could be called by the Mayor or City Council Members. He
inquired whether the Mayor had been calling special City Council meetings
on the fourth Mondays of selected months.
City Attorney, Gary Baum stated either the Mayor or majority of the City
Council, in the event the Mayor was unavailable, could call a special City
Council meeting per the Brown Act.
Council Member Scharff stated the Council Procedures did not specify that a
special City Council meeting could be called by the Council Members if the
Mayor was unavailable. He inquired on the outcome of a scenario where the
Mayor disagreed with the majority of the Council Members' vote to call a
special meeting.
Mr. Baum stated he prepared a form that complied with the Council
Procedures and the Brown Act. He spoke on an example where five Council
Members requested a special City Council meeting, which did not have the
support of the Mayor, by filing the form with the City Clerk.
4 03/22/10
Council Member Scharff inquired whether the Brown Act would be violated if
five Council Members discussed the potential of setting a special City Council
meeting.
Mr. Baum stated the Brown Act would not be violated in this case.
Council Member Scharff stated the Council Procedures and Protocols were
unclear on how to contact Council Members to call a special City Council
meeting. He was unfamiliar with the City Attorney's form.
Council Member Price inquired whether there was a place within the Council
Procedures and Protocols which allowed the City Council to provide input and
guidelines on the building of agendas.
Ms. Grider stated there was currently no place within the Council Procedures
and Protocols that allowed the City Council to provide input, discussion, or
guidelines on the building of agendas.
Mr. Keene stated there was currently no opportunity for routine involvement,
except for the Mayor, in the setting of items on the agenda. He indicated
the City Council had the opportunity to add Colleague's Memos on agendas,
and pass motions to continue agenda items to future dates.
Council Member Price inquired whether the City Council had an opportunity
to establish the kinds of topics covered in one evening, outside of
formulating a Colleague's Memo.
Mayor Burt stated Council Members could notify him on perspective agenda
items and their placement on agendas, or they could formulate a Colleague's
Memo.
Council Member Klein felt there were ample ways currently in place that
allowed the City Council to change the order of agenda items. He spoke on
the section of the agenda called Agenda Changes, Additions, and Deletions.
Council Member Holman inquired whether the Council Members that served
on P&S were required to bring forth questions and comments at this time.
Mr. Keene stated the Council Members that served on P&S were not required
to speak at this time.
Council Member Holman inquired whether issues not talked about would be
discussed at P&S.
Ms. Grider stated that was correct.
5 03/22/10
Fred Balin, 2385 Columbia Street, spoke on his support for the City Council
to adopt a clear protocol to disapprove of City Council communication related
to quasi-judicial or Planned Community agenda items in private.
Council Member Schmid stated discussion items for P&S to consider were to
regulate the City Council's workload and agenda items, meet consistently
every Monday, and conduct important agenda items by 11 :00 p.m.
Council Member Scharff spoke on the Council Procedure related to approving
the discussion of agenda items after 10:30 p.m. He stated a discussion item
for P,&S to consider was adding a fourth City Council meeting monthly. He
felt cutting back on the City Council's workload was not an option.
Mayor Burt stated the definition of the word protocol should be clarified by
P&S. He spoke on the following Council Procedures that displayed
inconsistencies with current City Council practices: 1) channeling
communication through appropriate Staff members; 2) setting up meetings
with Staff; and 3) attendance of Council liaisons to their assigned Board or
Commission. He inquired whether keeping unanimous votes of the
committees on the Consent Calendar was in the Council Procedures.
Mr. Keene stated yes.
Mayor Burt stated respecting the work of the committees and recommitting
its policy of keeping unanimous votes on the Consent Calendar was intended
to keep agenda items on the Consent Calendar. He stated the procedure
was to discourage items, voted unanimously by standing committees
members from being pulled off the Consent Calendar. He stated clarity was
needed in regards to submitting Council questions on agenda items no later
than 9:00 a.m. on the date of the meeting. He stated clarity was needed on
StClff giving priority to Council questions on Consent Calendar agenda items.
Assistant to the City Manager, Kelly Morariu stated the intent of the Council
Procedure was to respond to Consent Calendar questions first so they could
potentially remain on the Consent Calendar.
Mayor Burt stated calling special City Council meetings needed to be clarified
by P&S, as introduced by Council Member Scharff. He stated incorporating
the fourth Monday of each month as a regularly scheduled meeting and
agenda meeting management should be discussed by P&S. He spoke on
posting of information per the Americans with Disabilities Act at the entrance
of the Council Chambers entrance. He encouraged P&S to reexamine the
teleconference guidelines.
Council Member Schmid stated it would be beneficial for P&S to discuss
when the City Council should expect addendums to meeting agendas.
6 03/22/10
Mayor Burt stated P&S should consider a Council procedure where they could
not hold an ex parte meeting on quasi-judicial matters preceding review by
the Planning and Transportation Commission and Architectural Review
Board.
Vice Mayor Espinosa stated P&S should consider a review of technology that
could aid or impair the City.
Council Member Price inquired who would be responsible for prioritizing the
items discussed.
Mayor Burt stated the P&S Chair should take the lead on prioritizing the
discussion of items.
Council Member Yeh spoke on an outline of Council prioritized items for P&S
to review.
Council Member Scharff spoke on approving new City Council matters after
10:30 p.m. He was unsure whether there was ample time to discuss Agenda
Item NO.3.
Mayor Burt stated the City Council would complete Agenda Item No.2, and
then review the balance of the City Council agenda.
MOTION: Vice Mayor Espinosa moved, seconded by Council Member Klein
to forward the Council Procedures and Protocols to P&S for review and
changes.
MOTION PASSED: 9-0
3. Adoption of 2010 Council Top Five Priorities and Workplan.
Mayor Burt spoke on the balance of the City Council agenda, per the Council
Procedure regarding agenda items considered after 10: 30 p.m.
Council Member Scharff stated his preference was to continue Agenda Item
No.3 to a later date.
Council Member Yeh suggested that the City Council hear the public
comment for Agenda Item NO.3.
Council Member Holman suggested that the City Council hear the public
comment, and formally adopt the five City Council Priorities for 2010. She
indicated discussing the Agenda Item could be done at a later date if
needed.
7 03/22/10
City Council Procedures Handbook
Introduction Ie Contents
This handbook describes the way the Palo Alto City Council does its business. It is
intended to accomplish two goals. First, the handbook is an information guide for
anyone doing business or appearing before the City Council. Second, the handbook is a
compilation of procedural rules that have been formally adopted by Council Resolution.
The handbook is organized in five sections.
Public Participation in Council Meetings
This section explains the basic rules for speaking to the City Council. It covers
things like when to speak, time limits, and how groups of speakers are handled.
Council Meeting & Agenda Guidelines
This section explains the different kinds of meetings the City Council holds, what
they are for, and how the meeting agenda is prepared.
Motions, Debate & Voting
This section explains the simplified rules of parliamentary procedure the Council
follows (like Roberts' Rules of Order, but simpler!).
Quasi-Judicial Hearings
This section explains the special way the City Council handles hearing~ that raise
constitutional due process concerns. These are usually hearings that seriously
impact someone's life; liberty or property.
Standing Committees
This section explains how the City Council's two standing committees -Finance
and Policy & Services -operate during their own separate meetings.
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.
Attachment B
City Council Procedures Handbook
I. Public Participation In Council Meetings
A. Policy. It is the policy of the City Council to assure that members of the public
have the opportunity to speak to any regular or special meeting agenda item before
fmal action. These rules establish the rights and obligations of persons who wish to
speak during City Council meetings.
(1) Purpose. 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 City 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.
(2) Summary of Rules. Every regular City Council agenda has two different
kinds of opportunities for the public to speak. The fIrst is during Oral
Communications. This part of the meeting is provided so that the public can speak
to anything that is in the City's jurisdiction, even if there is no action listed on the
agenda. The Council allows three minutes per speaker, but limits the total time to 30
minutes per meeting. State law does not permit the Council to respond to oral
communications, but City staff may be asked to follow up on any concerns that are
raised.
The second opportunity to speak is during the public comment or public hearing
portion of Each Agenda Item. Public comments or testimony must be related to the
matter under consideration. The Council allows three minutes per speaker for most
matters. During "quasi-judicial" hearings (where the City Council is legally
required to take evidence and make impartial decisions based upon that evidence),
the applicant or appellant may have up to ten minutes at the outset and three minutes
for rebuttal at the end. These hearings are specially marked on the Council agenda.
A person who wants to speak to the Council must fIll out a speaker card and
hand it in to the City Clerk. The Clerk will give the cards to the Mayor or Vice
Mayor so that the speakers can be identifIed and organized in an orderly way.
B. General Requirements.
1. Accessibility. Palo Alto makes every reasonable effort to accommodate
the needs of the disabled. Any provision of these rules may be modifIed if
needed to provide reasonable accommodation. Persons needing assistance
1-1
City Council Procedures Handbook (Revised 11117/09)
City Council Procedures Handbook
should contact: Larry Perlin, ADA Director, City of Palo Alto, 650/329-2496
(voice) or 650/32~-1199 (TDD).
2. Presiding Officer's Pennission Required. The presiding officer at
Council meetings (usually the Mayor or Vice-Mayor) is legally required to
"preserve strict order and decorum."i This is important in order to assure a
fair opportunity for everyone to participate in an open and civil setting.
a) Any person desiring to address the Council must first get the
pennission of the presiding officer by completing a speaker card and
handing the card to the City Clerk.
b) The presiding officer shall recognize any person who has given a
completed card to the City Clerk. .
c) No person, other than a Council Member and the person having
the floor, shall be pennitted to enter into any discussion without the
pennission of the presiding officer.
3. Recording and Identification. Persons wishing to address the Council
shall comply with the following:
a) Use the microphone provided for the public and speak in a
recordable tone, either personally or with assistance, if necessary.
b) State their name and address if presenting evidence in a hearing
required by law.
c) Other speakers should state their name and address, but cannot be
compelled to register their name or other infonnation as a condition
to attendance at the meeting.
4. Specific Requirements and Time Limits.
a) Oral Communications. Oral communications shall be limited to
three minutes per speaker and will be limited to a total of thirty
minutes for all speakers combined.
1) Oral communications may be used only to address items
that are within the Council's subject matter jurisdiction, but
not listed on the agenda.
1-2
City Council Procedures Handbook (Revised 11/17/09)
City Council Procedures Handbook
2) Oral communications may not be used to address matters
where the receipt of new information would threaten the due
process rights of any person.
3) All remarks shall be addressed to the Council as a body
and not to any individual member.
4) Council m~mbers shall not enter into debate or discussion
with speakers during oral communications.
5) The presiding officer may direct that the City Manager
will respond to the person speaking and/or the Council at a
later date.
b) Other Agenda Items. Public comments or testimony on agenda
items other than Oral Communications shall be limited to a
maximum of three minutes per speaker unless additional time is
granted by the presiding officer. The presiding officer may reduce
the allowed time to less than two minutes if necessary to
accommodate a larger number of speakers.
1) Spokesperson for a Group. When any group of people
wishes to address the Council on the same subject matter, the
presiding officer will request that a spokesperson be chosen
by the group to address the Council. Spokespersons who are
representing a group of five or more people who are present
in the Council chambers will be allowed ten minutes and will
to the extent practical be called upon ahead of individual
speakers.
2) Quasi-Judicial Hearings. In the case of a quasi-judicial
hearing, single applicants and appellants shall be given ten
minutes for their opening presentation and three minutes for
rebuttal before the hearing is closed. In the case of a quasi
judicial hearing for which there are two or more I:\ppellants,
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, under no circumstances shall an
individual appellant be given less than five minutes for
presentation and three minutes for rebuttal. In the event a
request is made and the need for additional time is clearly
1-3
City Council Procedures Handbook (Revised 11117/09)
City Council Procedures Handbook
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 in a hearing required by law.
3) Addressing the Council after a 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 Council so to do, subject to
approval of the City Attorney with respect to any hearing
required by law.
c) Decorum. 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 chamber.
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 punishable as a
misdemeanor and may lead to a person being removed from the Council meeting.ii
.......
1-4
City Council Procedures Handbook (Revised 11117/09)
City Council Procedures Handbook
II. Council Meeting Be Agenda Guidelines
A. Policy. It is the policy of the Council to establish and follow a regular format for
meeting agendas.
1. Purpose. 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.
2. Summary of Guidelines. The City Council generally conducts four
different kinds of meetings. These are Regular Meetings, Special Meetings,
Study Sessions, and Closed Sessions.
Regular meetings are conducted at City Hall on the fIrst three Monday nights of
each month, except during the Council's annual vacation. The meetings will begin
at 7:00 p.m. Regular meeting agendas must be posted .j~·U~.~.qt;ynPh~?:~n~xJh~n""'·' Deleted: outside at the Downtown
elevators no later than 7:00 p.m. on the preceding Friday, but it is City policy to '-L_ib_rary-=-_______ --'
make every effort to complete and distribute the agenda and related reports by the_. ______ ... ___ . __ ... _.
precedin&YY.~~~.~~llX: ................. · .......................................................................................................... --.~~~:.!!'~~~_ ._._. ____ .]
Special meetings are "special" because the mayor or Council can call them on a
minimum of24 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.
Study Sessions are meetings during which the Council receives information
about City business in an informal setting. The informal study session setting is
intended to encourage in-depth presentations by City staff, and detailed questioning
and brainstorming by Council. The Council may discuss the material freely without
following formal rules of parliamentary procedure. Staff may be directed to bring
matters back for Council consideration at future meetings, but no action can be
taken. During regular study sessions, public comments are received together with
oral communications at the end of the session. During special study sessions, public
comments will be heard at the end of any Council discussion, but oral
communications will be consolidated with the oral communications section of the
regular meeting, if one follows the study session. The Decorum rules still apply to
the behavior of the Council and public.
II-I
City Council Procedures Handbook (Revised 11117/(9)
City Council Procedures Handbook
Closed Sessions can be part of regular or special meetings. Closed sessions are
the only kind of Council meeting that the public cannot attend. State law allows
closed sessions to discuss pending litigation, employment issues, real estate
negotiations and certain other matters. Members of the public are permitted to make
public comments on closed session matters. The Council must make a public report
after the session when certain kinds of actions are taken.
These are guidelines, not 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. State law establishes a variety of mandatory meeting rules the City must
follow in order to. assure open and public government, regardless of unusual
situations and consequences.
B. General Requirements.
1. Regular meetings.
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 chamber at 7:00 p.m. on the first,
second and third Mondays of each month, except during the
established Council vacation. iii The Council expects its members to
attend regularly and notify the City Clerk of any planned absences.
The Council may levy fines of up to $250.00 against Council
members who willfully or negligently fail to attend meetings. iv
(1) Telephonic Attendance Of Council Members At
Council Meetings: The City Council Procedures
provisions concerning Telephonic Attendance shall
apply to all Boards and Commissions as well as the City
Council. Requests by Council Members to attend a
Council meeting via telephonic appearance are actively
discouraged. Telephonic attendance shall only be permitted
in the event of extraordinary events such as a medical,
family or similar emergency requiring a Council Member's
absence. In addition, at least a quorum of the Council must
participate from a location within the City (Government
Code Section 54953(b)(3».
11-2
City Council Procedures Handbook (Revised 11117/09)
City Council Procedures Handbook
If these two threshold requirements are met, the Council
Member who will be appearing telephonically must ensure
that:
a. The meeting agenda identifies the teleconference
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 the meeting.
b. The teleconference location is open and fully
accessible to the public, and fully accessible under
the Americans with Disabilities Act, throughout the
entire meeting. These requirements apply to private
residences, hotel rooms, and similar facilities, all of
which must remain fully open and accessible
throughout the meeting, without requiring
identification or registration.
c~ The teleconference 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
teleconference 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 teleconference location must not require an
admission fee or any payment for attendance.
If the Council Member determines that any or all of these
requirements cannot be met, he or she shall not participate
in the meeting via teleconference.
(2) Approved Teleconference Guidelines for Council
Members:
a. One week advance written notice must be given by the
Council Member to the City Clerk's office; the notice must
include the address at which the teleconferenced meeting
will occur, the address the Council packet should be mailed
to, who is to initiate the phone call to establish the
teleconference connection, and the phone number of the
teleconference location. Cellular telephones shall not be
used to participate in teleconferenced meetings.
11-3
Cio/ Council Procedures Handbook (Revised 11117/09)
City Council Procedures Handbook
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 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 one-week 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 72-hour posting requirement was
met at the location and that the location is publicly
accessible, and must describe the location.
e. Furthermore, the City Clerk will provide Council with a
quarterly report detailing the telephone charges associated
with teleconferenced meetings.
b) Items considered after 10:30 p.m. The City Council makes every
effort to end its meetings before 11 :00 p.m. The Council also
generally does not take up new matters after 10:30 p.m. Before
10:00 p.m. the Council will decide and announce whether it will
begin consideration of any agenda items after 10:30 and, if so, which
specific items will be taken up.
+-------Formatted: Indent: Left: 1.5"
c) Late submittal of Planning Application Materials. In order to+--'----Formatted: Bullets and Numbering
allow for adequate. staff review and analysis and to ensure public
access to materials, all plans and other applicant materials related to
Planning applications being heard by the City Council must be
submitted not later than noon one day prior to the release of the
Council agenda packet. If items are not submitted by this date, staff
will continue the item to the next available Council meeting.
+-------Formatted: Indent: Left: loS"
QLAg~~~_9_~~~~: ___ q!y'_g~~5?!!_~g_~~~_~ __ ~~!!_J?~_~~~p~~~_J?~_~~:"<-->=D=e=let=ed=: ~~=======<
City Clerk and presented to the City Council in the order described . Formatted: Bullets and Numbering
below. It is the Council's policy to hear the major items of business
first at each meeting, to the extent possible. The City Manager, with
11-4
City Council Procedures Handbook (Revised 11117/09)
City Council Procedures Handbook
prior approval of the Mayor, is authorized to designate upon the
agenda of the Council, and the City Clerk shall publish in the agenda
digest, items that shall be taken up ftrst or at a speciftc time during
the course of the meeting. v The City Council may take matters up
out of order upon approval by a majority vote of those present:
1) Roll call;
2) Special orders of the day;
2a) City Manager Comments;
3) Oral communications, including oral communications related
to any study session that began immediately before the regular
meeting;
4) Approval of minutes;
5) Consent. calendar. Items may be placed upon the consent
calendar by any council-appointed offIcer whenever, in such
offtcer's judgment, such items are expected to be routinely
approved without discussion or debate. The consent calendar
shall be voted upon as one item.
(a) Council Comment. No discussion or debate shall be
permitted upon items upon the consent calendar; however,
any Council Member may request that his or her vote be
recorded as a "no" or "not participating" due to a specifted
conflict of interest on any individual item. Council Members
may also explain their "no" votes at the end of the Consent
Calendar, with a 3 minute time limit 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.
(b) Public Comment. Ifmembers of the public wish to speak
to items on the Consent Calendar, the Mayor will have the
option of allowing the testimony prior to adoption of the
II-5
City Council Procedures Handbook (Revised 11117/09)
City Council Procedures Handbook
Consent Calendar, or removing the item from the consent
calendar and hearing the public comment at a later time, prior
to the vote on the item.
(c) Council Requests to Remove Item. Any Council Member
may request that an item be removed from the consent
calendar; if the request is seconded, the item will be removed
from the consent calendar. The City Manager's office should
be advised, in writing, of a request for removal no later than
noon the day of the meeting.
(d) Hearing of Removed Items. Removed items will be
heard either later in the meeting or agendized for a discussion
at a subsequent meeting, depending upon the number of
speakers and the anticipated length of the items that have
been officially scheduled for discussion on a particular
evening. The Mayor will decide when during the meeting
any removed items will be heard.
(e) Consent calendar categories. The consent calendar shall
be presented in 5 categories in the following order:
(l) Ordinances and resolutions. The Mayor shall read the
titles of each ordinance pefortj .. <::()UUcil .. actioll:·. The
Council may by majority vote request that the ordinance
be read in full. The following ordinances and resolutions
may appear on a consent calendar:
(i) Second Reading (passage and adoption) of
Ordinances.
(ii) a resolution which are ceremonial in nature.
(iii) 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); and the
Council Top Priority Workplan, among other sources.
(iv) Budget amendment ordinances that accept funding
such as grants or gifts, provided Council has previously
approved the activity or program.
City Council Procedures Handbook (Revised 11117/09) 11-6
.. ' -r Deleted: and resolution '-_ ....... -.. __ ...... "",, ........... .
City Council Procedures Handbook
(v)' Resolutions approving funding applications, such
as grants or loans, provided that the program or activity
has been previously approved by Council.
(2) Administrative matters including contracts,
appointments, approval of applications, and any other
matter. The titles of administrative matters need not be
read. An administrative matter may be placed on the
consent calendar if it is:
(a) 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.
(b) A contracts for which the subject or scope of work
has been previously reviewed by the City Council.
(c) 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 agreement; software and hardware support
agreements, janitorial services, copier agreements or
postage machine agreements.
(d) Rejection of bids.
(e) Designation of heritage trees.
(t) Designation of historic building at the request of
the property owner if there are no unusual policy
ramifications.
(g) Approval of funding applications, such as grants or
loans, provided that Council has previously approved
the general program or activity.
(h) Formal initiation, for consideration at a later date,
of a zoning code amendment or review process, such
as preliminary review.
City Council Procedures Handbook (Revised 11117/09) 11-7
City Council Procedures Handbook
(i) Status report required by law for fee administration.
G) Cancellation of meetings or scheduling of special
meeting.
(3) Request to refer items to any Council Standing
Committee, committee, board, commission or Council
Appointed Officer. The consent calendar includes matters
for which staff is merely seeking Council approval of a
referral to a Council standing committee or other City·
official, advisory board or commission. This does not
preclude staff from making referrals to the standing
committees. Staff uses such referrals in order to expedite
the business of the full Council, since its agenda is so full.
Discussion of a complex issue by another body, provides an
opportunity for public input and extended discussion by the
members of the body. The full Council is then able to
benefit from the minutes of that discussion when the item
comes back to the Council for fmal approval. This practice
also allows the City/School Liaison Committee to consider
items of interest to both agencies without having to go
through the formality of a Council agenda referral.
(4) Items recommended for approval if the Committee
unanimously recommends placement on the consent
calendar. . .... ·r Deleted:, by a majority ofa Council J
-'f _____ .... __ ..... ___ . .. ........ -" .. ---.. --~.--"---.. ----.......... --.... -...... ---.. ~ l~o~.~:~.:. ... ___ .. ". ____ ...... __ ._ .. ~" .. __ ,
(5) Items recommended for approval, and for placement on
the consent calendar, by any council-appointed boards and
commiSSions, provided that other public hearing
requirements are not in effect.
6) Agenda changes, additions, and deletions;
7) Unfmished business;
8) Action Items:
(a) Public Hearings.
(b) Reports of committees/commissions.
(c) Ordinances and Resolutions.
(d) Reports of officials.
City Council Procedures Handbook (Revised 11117/09) 11-8
City Council Procedures Handbook
( e) Council matters. Any two Council Members may
bring forward a colleague memo on any topic to be
considered by the entire Council. 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 four
Council Members may sign a colleague memo. The City
Attorney recommends that the colleague memo be limited
to three Council Members in order to avoid the potential of
a Brown Act issue. Prior to preparing a colleague memo,
Council Members will consult with the· City Manager to
determine. whether he/she is or is willing and able to
address the issues as part of hislher operational authority
and within current budgeted resources. Colleagues memos
should have a section that identifies any potential staffmg
or fiscal impacts of the contemplated action. This section
will be drafted by the City Manager or other appropriate
senior staff. Council Members should share a fmal draft of
the proposed memo with the City Manager or appropriate
senior staff prior to finalization. Completed Council
colleague memos shall be provided to the City Clerk's staff
by noon on the Tuesday prior to the Council meeting that
the memo is intended to be agendized, to provide time for
the City Clerk to process for the Council packet.
T------The-CiiY--Councii-w-iW-noi-take-aciion-on-fue--nighi-iiiai-a-\,--
colleague 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 \\
colleague memo and then direct the City Manager to \
agendize the matter for Council action within two
meetings, allowing City staff time to prepare a summary of
staffmg and resource impacts. Action may be taken
immediately by the Council on colleague memos where
there are no resource or staffmg implications or where
these are fully outlined in the colleagues memo. The
Brown Act requires that the public be fully informed of the
potential action by the Council via the Agenda 72 hours
before a scheduled Council meeting. In order to satisfy the
Brown Act requirements, the Council should consult with
the City Attorney to ensure that the proposed title to the
colleague memo contains all actions that the Council
Members want completed on the night of the Council
review.
City Council Procedures Handbook (Revised 11117/09) 11-9
. Deleted: Council Members are
encouraged to sbare a draft of the
proposed colleague memo with the City
Manager or appropriate senior staff prior
to finalization. Completed Council
colleague memos shall be provided to the
City Clerk's staff by noon on the
" Deleted: Wednesday
Deleted: Tuesday prior to the Council
meeting that the memo is intended to be
agendized, to provide time for the City
Clerk to process for the Council packet.lI
City Council Procedures Handbook
9) Council member Questions, Comments and
Announcements. The purpose of this agenda item is to allow
Council to question staff briefly on 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. New assignments will not
be given nor will major policy issues be. discussed or
considered. To the extent possible, Council will confer with
staffbefore raising matters under this agenda item. This agenda
item will generally be limited to 15 minutes in length and the
public may not speak to matters discussed;
10) Closed Sessions;
11) Special closed sessions will be scheduled before or after
regular or special Council meetings to the extent possible arid
appropriate. Closed sessions may be scheduled during a regular
or special Council meeting, but this is discouraged by Council;
12) Adjournment.
d) Unftnished and Continued Business. When the Council is unable
to complete its agenda the remaining business will generally be
rescheduled as follows. Nothing in this section shall be deemed to
supersede or conflict with state law.
(1) Meeting adjourned sine die. When a regular meeting is
adjourned sine die (without a day), all unfInished items will
be listed under unfmished business on the next regular
Council meeting agenda; except, that where deemed
necessary, the City Clerk, with the City Manager's
concurrence, may place those business items in a different
order on the agenda.
(2) Meeting adjourned to date certain. When a regular
meeting is adjourned to another regular meeting night, all
unfInished items will be listed in their original order after roll
call on the agenda of such designated regular meeting.
(3) Continued items. When an item on the agenda is
continued to a subsequent meeting, such item will be listed
under unfInished business on such agenda unless the Council
by majority vote chooses to place such item in a different
City Council Procedures Handbook (Revised 11/17/09) 11-10
City Council Procedures Handbook
location on such agenda or unless the City Clerk, with the
City Manager's concurrence, deems it necessary to place such
item at a different location on such agenda.
e) Adding New Items to the Agenda. No matters other than those
on the agenda shall be fmally acted upon by the Council. However,
emergency actions (as defmed in Government Code section 54956.5)
and matters upon which there is a lawful need to take immediate
action (as defmed in Government Code section 54954.2) may, with
the consent of two-thirds, or all members present if less than two
thirds are present, be considered and acted upon by the Council.
2. Special Meetings. Special meetings may be called by the Mayor or City
Council by providing a minimum of 24-hours posted notice in the manner
required by state law. To the greatest extent possible, special meetings
called for other than regular meeting days should be scheduled by a
majority of the Council present and voting at a regular meeting.vi Unlike
regular meetings, there are no circumstances that permit the City Council to
add new items to a special meeting agenda or notice.
3. Study Sessions. Study sessions are meetings during which the Council
receives information about City business in an informal setting.
a) Time. Special study sessions will be held as needed.
b) Oral Communications and Public Comments. Oral
communications and public comments will be listed together on the
agenda and heard at the end of the study session. If a meeting follows
the study session, public comments will be heard at the end of any
Council discussion, but oral communications will be consolidated
with the oral communications section of the following meeting.
c) No Formal Rules. Study sessions are intended to be conducive to
in-depth factual presentations by City staff and detailed questioning
and brainstorming by Council. The Council may discuss the material
freely without following formal rules of parliamentary procedure.
However, the general rules of decorum apply.
d) No Final Action. Staff may be directed to bring matters back for
Council consideration at future meetings, but no fmal action can be
taken.
4. Closed Sessions. Closed sessions are the only kind of Council meeting
that the public cannot observe. State law allows closed sessions to discuss
pending litigation, employment issues, real estate negotiations and certain
City Council Procedures Handbook (Revised llII7/09) II-II
City Council Procedures Handbook
other matters. To the greatest extent possible, the City Attorney and City
Clerk shall use standardized agenda descriptions that are consistent with
Government Code section 54954.5.
a) Announcements before Closed Sessions. The mayor 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.
b) 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 during oral communications or by the Council.
c) Attendance. The City Manager and City Attorney, or their
designees, shall attend closed sessions unless it is necessary to
excuse them. Only such additional staff shall attend as are necessary
and then only if the legal privileges of confidentiality obtained in an
executive session are not waived.
d) Public Reports. State Law and a Palo Alto initiative require the
Council to make a public report after a closed session when certain
kinds of actions are taken. vii 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 Councilor its
committees. Such designated person is the only individual
authorized to make public statements concerning the closed session.
It is the policy of the City Council to inform the public of action
taken in closed session to the greatest extent possible. It is recognized, however,
that the need for confidentiality is inherent in closed sessions and that certain
matters if revealed may be a detriment to the results desired. The Council shall
publicly report: (a) any decision to appoint, employ, or dismiss a public
employee and the roll call vote thereon at its next public meeting, (b) actions
related to litigation and the roll call vote on such actions, unless the report
would, in the written opinion of the City Attorney for specifically stated reasons,
clearly jeopardize the city's ability to effectuate service of process on one or
more unserved parties or impair the city's ability to resolve the matter through
negotiation, mediation or other form of settlement. Notwithstanding the City
Attorney's written opinion, the Council may under any circumstance, by
majority vote, determine that it is in the City's best interests to disclose actions
taken in closed session related to litigation. The public report shall be given as
soon as possible, but no later than the next regular meeting, and shall include the
City Council Procedures Handbook (Revised ll/17/09) II-12
City Council Procedures Handbook
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.
e) No Minutes. No minutes of closed sessions shall be kept. The
City Attorney shall record the information necessary to comply with
state law and the Palo Alto initiative.
f) Confidentiality. No person in attendance at a closed session may
disclose the substance or effect of any matter discussed during the
session. viii
.......
City Council Procedures Handbook (Revised 11117/09) II -13
City Council Procedures Handbook
III. Motions, Debate" Voting
A. Policy. It is the policy of the Council to follow simplified rules of parliamentary
procedure for motions, debate and voting. These rules focus on the types of motions
the Council can debate and when those motions are properly used.
1. Purpose. The purpose of these rules to facilitate orderly and thorough
discussion and debate of Council business. These rules shall not be applied
or used to create strategic advantage or unjust results.
2. Summary of Rules.. Palo Alto does not follow Roberts Rules of Order.
See the Summary Table below.
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. Matters returning to the Council with unanimous approval
from a standing committee will be introduced without a motion if directed by the
committee.
1. Types of motions. There are two kinds of motions. These are the
"main" motion and any secondary motions. Only one main motion can be
. considered at a time.
2. Procedure.
a) Get the Floor. A Council Member must receive the permission
of the· Mayor (or other presiding officer) before making a motion.
b) State the Motion. A motion is made by a Council Member (the
"maker") stating his or her proposal. Longer proposals can be
written and may be in the form of a resolution.
c) 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. A motion to raise a question of personal privilege does
not require a second.
d) Motion Restated. The Mayor should restate the motion for the
record, particularly if it is long or complex.
City Council Procedures Handbook (Revised 11117/09) 111-1
City Council Procedures Handbook
e) Lack ofa Second. If there is no second stated immediately, the
Mayor should ask whether there is a second. If no Council Member
seconds the motion the matter will not be considered.
f) Discussion. The maker shall be the fIrst Council Member
recognized to speak on the motion if it receives a second. Generally
Council Members will speak only once with respect to a motion. If
the Mayor or Council permits any Council Member to speak more
than once on a motion, all Council Members shall receive the same
privilege.
g) Secondary Motions. Secondary motions may be made by a
Council Member upon getting the floor.
h) Action. After discussion is complete the Council will vote on the
motion under consideration.
3. Precedence of Motions. When a motion is before the Council, no new
main motion shall be entertained. 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:
a) Fix the time to which to adjourn;
b) Adjourn;
c) Take a recess;
d) Raise a question of privilege;
e) Lay on the table;
f) Previous question ( close debate);
g) Limit or extend limits of debate;
h) Motion to continue to a certain time;
i) Refer to committee;
j) Amend or substitute;
4. Secondary Motions Defined. The purpose of the allowed secondary
motions is summarized in the following text and table.
a) 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.
b) 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
City Council Procedures Handbook (Revised 11117/09) III -2
City Council Procedures Handbook
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.
c) Take a recess. This motion interrupts the meeting temporarily. It
is amendable, but is not debatable.
d) Raise a question of personal privilege. This motion allows a
Council Member to address the Council on a question of personal
privilege and shall be limited to cases in which the Council
Member's integrity, character or motives are questioned, or when the
welfare of the Council is concerned. The maker of the motion may
interrupt another speaker if the presiding officer recognizes the
"privilege." The motion does not require a second, is not amendable
and is not debatable.
e) 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.
t) 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.
g) Limit or extend debate. This motion limits or extends the time
for the Councilor 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.
h) 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.
City Council Procedures Handbook (Revised 11117/09) 111-3
City Council Procedures Handbook
i) 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.
j) Amend or substitute. This motion changes or reverses the main
motion. It requires a second, is amendable, and is debatable only
when the motion to which it applies 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.
..
City Council Procedures Handbook (Revised 11117/09) 111-4
Motion Description
Fix the time to which I Sets a next date and time for continuation ofthe meeting
toadjoum
Req'd
x
Adjourn Sets time to adjourn. Not in order if (a) repeated without I X
intervening business (b) made as an interruption of a member
while speaking; (c) the previous question has been ordered; and
while a vote is
Previous question I Closes debate on oendina motion IX
(close debate or "call
the
Limit or extend limits Purpose is to limit or extend debate IX
of debate
Motion to continue to Continues the matter to another, specified time IX
a certain time
Refer to committee Sends subject to another city agency, body, c;:ommittee, board, X
commission or officer for further study and report back to council,
at which time subject is fully debated
Amend or substitute I Modifies (or reverses course of) orooosed action. Cannot raise X
but no further
City Council Procedures Handbook (Revised 11117/09) 111-5
I
City Council Procedures Handbook
Debatable Amendable 12/3
Vote
Only as to time to I X
which the meeting is
Only to set the time to
which the meeting is
adjourned
IX
IX
IX
IX IX
Only as to propriety of I X
referring, not
substance of referral
Only if underlying I X
motion is debatable
City Council Procedures Handbook
C. Debate and Voting.
1. Presiding officer to state motion. The presiding officer shall assure that
all motions are clearly stated before allowing debate to begin. The presiding
officer may restate the motion or may direct the City Clerk to restate the
motion before allowing debate to begin. The presiding officer shall restate
the motion or direct the City Clerk to restate the motion prior to voting.
2. 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.
3. 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
member shall, divide the same. The presiding officer's determination shall
be appealable by any Council Member.
4. Withdrawal of motion. A motion may not be withdrawn by the maker
without the consent of the Council Member seconding it.
5. Change of vote. Council Members may change their votes before the
next item on the agenda is called.
6. 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.
7. Silence constitutes affirmative vote. Council Members who are silent
during. a voice vote shall have their vote recorded as an affirmative vote,
except when individual Council Members have stated in advance that they
will not be voting.
8. Failure to vote. It is the responsibility of every Council Member to vote
unless disqualified for cause accepted by the Council or by opinion of the
City Attorney. No Council Member can be compelled to vote.
9. Abstaining from vote. Council Members should only abstain if they are
not sufficiently informed about an item, e.g. when there was a,prior hearing
and they were unable to view the prior meeting before the current meeting.
In the event of an abstention the abstainer in effect, "consents" that a
majority of the quorum of the Council Members present may act for him or
her.
City Council Procedures Handbook (Revised 11117/09) 111-6
City Council Procedures Handbook
10. Not participating. A Council Member who disqualifies him or herself
pursuant to the Political Reform Act of 1974 because of any fmancial
interest shall disclose the nature of the conflict and may not participate in the
discussion or the vote. A Council Member may otherwise disqualify him or
herself due to personal bias or the appearance of impropriety.
11. Tie votes. Tie votes may be reconsidered during the time permitted by
these rules on motion by any member of the Council voting aye or nay
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. Any continuance hereunder shall suspend the
running of any time in which action of the City Council is required by law.
Nothing herein shall be construed to prevent any Council Member from
agendizing a matter that resulted in a tie vote for a subsequent meeting.
12. Motion to reconsider. A motion to reconsider any action taken by the
Council may be made only during the meeting or adjourned meeting thereof
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, 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 not be moved more than once on the
same motion. Nothing herein shall be construed to prevent any Council
Member from making a motion to rescind such action at a subsequent
meeting of the Council.
13. 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.
14. Getting the floor; improper references to be avoided. Every Council
Member desiring to speak shall address the chair 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.
City Council Procedures Handbook (Revised 11117/09) 111-7
City Council Procedures Handbook
15. 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 th~ question or order is determined, and,
if in order, said Council Member shall be permitted to proceed . ...... ;
City Council Procedures Handbook (Revised 11117/09) 111-8
City Council Procedures Handbook
IV. Quasi-Judicial Hearings
A. Policy. 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 a single parcel
of land and apply facts and evidence in the context of existing law. Findings must
be stated to explain the evidentiary basis for the Council's decision.
1. 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.
B. General Requirements.
1. Quasi-Judicial Proceedings Defmed. 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 fmal map approvals
f) Architectural Review
g) Assessment protest hearings
h) Other matters as determined by the City Attorney
i) Appeals related to any of the above
j) Environmental Review relating to any of the above
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 outside of any required hearing when such
information will impair the Council's impartiality on a quasi-judicial
decision. The following procedural guidelines are intended to implement
this policy, but shall not be construed to create any remedy or right of action.
a) Identification of Quasi-Judicial Matters. The City Attorney, in
conjunction with the City Clerk and City Manager, will identify
agenda items involving quasi-judicial decisions 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 item.
City Council Procedures Handbook (Revised 11117/09) IV-l
City Council Procedures Handbook
b) Council to Track Contacts. Council Members will use their best
efforts to track contacts pertaining to such identified quasi-judicial
decision items. 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.
c) Disclosure. When the item is presented to the Council for
hearing, Council Members will disclose any contacts which have
significantly influenced their preliminary views or opinions about the
item. The disclosure may be oral or written, and should explain the
substance of the contact so that other Council Members, interested
parties, and the public will have an opportunity to become apprised
of the factors influencing the Council's decision and to attempt to
controvert or rebut any such factor during the hearing. Disclosure
alone will not be deemed sufficient basis for a request to continue the
item. A contact or the disclosure of a contact shall not be deemed
grounds for disqualification of a Council Member from participation
in a quasi-judicial decision unless the Council Member 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.
d) No Contacts after Hearings. Following closure of the hearing,
and prior to a fmal decision, Council Members will refrain from any
contacts pertaining to the item, other than clarifying questions
directed to City staff.
3. Written Findings Required. On any matter for which state law or City
ordinance requires the preparation of written fmdings, 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
fmdings consistent with the evidence which has been presented and the
decision which is anticipated.
4. 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
City Council Procedures Handbook (Revised 11/17/09) IV -2
City Council Procedures Handbook
consideration of the issues involved. Evidentiary objections shall be deemed
waived unless made in a timely fashion before the Council.
5. Burden of Proof. The applicant and appellant shall bear the burden of
proof on all aspects of the action or relief they seek. The person with the
burden of proof must offer evidence to the Council to support his or her
position.
6. 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 or
listened to a video or radio broadcast, or video or audio recording, 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 and states for the record before
voting that the Council Member deems himself or herself to be as familiar
with the record and with the evidence presented at the hearing as he or she
would have been had he or she personally attended the entire hearing.
7. Appeals. Appeals to the Council shall be conducted de novo, meaning
that new evidence and arguments may be presented and considered. All
matters in the record before any other City board, commission or official
shall be part of the record before the Council.
.......
City Council Procedures Handbook (Revised 11117/09) IV-3
City Council Procedures Handbook
v. Standing Committees
A. 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.
1. Purpose. These rules are intended to enhance public. participation and
committee meetings so that the best possible decisions can be made for Palo
Alto.
B. 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 Councilor City Manager shall make referrals to the
standing committees. Referrals will generally be directed to only one of the
standing committees. Items may be withdrawn from the committee and
taken up for consideration by the Council at any Council meeting with the
consent of a majority of the Council, and subject to any applicable noticing
or agenda posting requirements. Council members who submit matters to
the Council which are referred to a standing committee may appear before
the standing committee to which the referral has been made in order to speak
as proponents of the matter. Standing committee meetings during which
such referrals may be considered shall be noticed as Council meetings for the
purpose of enabling the standing committee to discuss and consider the
matter with a quorum of the Council present.
3. Function of committees. The purpose and intent of committee meetings
is to provide for more thorough and detailed discussion and study of
prospective or current Council agenda items with a full and complete airing
of all sentiments and expressions of opinion on city problems by both the
Council and the public, to the end that Council action will be expedited.
Actions of the committee shall be advisory recommendations only.
4. Minutes. 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 .s.eIls~I11iIltlt~s\\Thi<::hrt:t1e<::tthe/-LJ:)~I~~~~~:ti~~
motions made during these meetings. The minutes shall be delivered to all
Council Members before the Council meeting at which the committee's
recommendations are to be discussed.
City Council Procedures Handbook (Revised 111l? /09) V-I
. ........ J
City Council Procedures Handbook
5. Report of committee. The minutes of each committee meeting shall
serve as the report to the Council. Any member may write a separate report.
6. Agenda. The chairperson of each standing committee shall prepare the
agenda for committee meetings, the sequence of study being, within
reasonable limits of practicality, the same as the sequence of referral.
7. Public Participation. Public comment on agenda items will be limited
to a maximum of five minutes per speaker, or any alternate time limit
specified by the presiding officer.
8. Conduct of standing committee meetings. The chairperson of each
committee may conduct meetings with as much informality as is consistent
with Council procedural rules, which shall also be in effect during committee
meetings. . The views of interested private citizens may be heard in
·committee meetings,. but in no case shall a committee meeting be used as a
substitute for public hearings required by law.
9. Oral Communications. Opportunities for oral communications shall
be provided in the same manner as Council meetings .
.......
City Council Procedures Handbook (Revised 11117/09) V-2
City Council Procedures Handbook
VI. Ad Hoc Committees
A. Policy. The Council may use 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.
1. 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.
B. General Requirements. Council Ad Hoc Committees shall be subject to the
following procedural rules.
1. Defmition of Ad Hoc Committee. An Ad Hoc Committee is an advisory
committee composed solely of less than a quorum of· members of the
Council. The work of an Ad Hoc Committee is limited to a single finite
purpose. By contrast, a Standing Committee has continuing subject matter
jurisdiction extending for a lengthy time period and/or a meeting schedule
fixed by charter, ordinance, resolution, or formal action of the Council.
2. Brown Act. Ad Hoc Committees do not constitute legislative bodies and
are not subject to the requirements of the Brown Act.
3. Appointment. The Mayor or the City Council may appoint four or less
members of the Council to serve on an Ad Hoc Committee. In contrast, only
the Council and not the Mayor alone can create a Standing Committee. The
Mayor will publicly announce any Ad Hoc Committee created by him or
her, its membership and stated purpose and posted on the City Council
website. The City Manager shall prepare a report to Council about the
anticipated time commitment required for staff to assist the Ad Hoc
Committee.
4. Duration. Ad Hoc Committees are created for a finite period of time. If
an Ad Hoc Committee does not complete its task by the end of the calendar
year, it shall not continue unless reappointed by the new Mayor in the
following year.
5. Members. Ad Hoc Committees shall consist of less than a quorum of
Council members only, and shall not include any other persons such as
members of other legislative bodies.
City Council Procedures Handbook (Revised 11117/09) VI -1
City Council Procedures Handbook
6. Reporting. Ad Hoc Committees shall report their recommendations to
the Council no less than once per quarter in writing or orally. Any Council
Member may during the COUNCIL MEMBER QUESTIONS,
COMMENTS AND ANNOUNCEMENTS request that an updated Ad Hoc
Committee report be placed on the next meeting's 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 .
.......
City Council Procedures Handbook (Revised 11117/09) VI -2
City Council Procedures Handbook
VII. Election of Mayor
Palo Alto Municipal Code Section 2.04.060 governs the election of the Mayor.
Nominations for Mayor may be made by any individual Council Member and do not
require a second.
.. .....
i Palo Alto Municipal Code, § 2.04.080(b).
ii Palo Alto Municipal Code, § 2.04.120(c); 2.04.150(b)
iii Palo Alto Municipal Code, § 2.04.010(b).
iv Palo Alto Municipal Code, § 2.04.050(a).
v Palo Alto Municipal Code, § 2.04.070(c)
vi Palo Alto Municipal Code, § 2.04.020.
vii Palo Alto Municipal Code, § 2.04.030.
viii Palo Alto Municipal Code, § 2.04.040.
City Council Procedures Handbook (Revised 11117/09) VII-I
CITY OF PALO ALTO
COUNCIL PROTOCOLS
(Updated,§.201 OL ____ ..... __ . ____ . __ m __ •• m __ • __ ••••• ____ •• m •••••• ···{LD_e_1et_ed_:_2_.S..;...07 _____ __
All Council Members
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.
All Council Members should:
• Demonstrate honesty and integrity in every action and statement
• Comply with both the letter and spirit of the laws and policies affecting the
operation operations of government.
• Serve as a model of leadership and civility to the community
• Inspire public confidence in Palo Alto government
• Work for the common good, not personal interest
• Prepare in advance of Council meetings and be familiar with issues on the
agenda
• Fully partiCipate in City Council meetings and other public forums while
demonstrating respect, kindness, consideration, and courtesy to others
• Participate in scheduled activities to increase Council effectiveness
• Review Council procedures, such as these Council Protocols, at least annually
• Represent the City at ceremonial functions at the request of the Mayor
• Be responsible for the highest standards of respect, civility and honesty in
ensuring the effective maintenance of intergovernmental relations
• Respect the proper roles of elected officials and City staff in ensuring open and
effective government
• Provide contact information to the City Clerk in case an emergency or urgent
situation arises while the Council Member is out of town
Council Conduct with One Another
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.
CLKBDM 100316
In Public Meetings
• 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.
• 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.
• 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.
• 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, business people and other
stakeholders involved in public debate.
• Be respectful of other people's time.
Stay focused and act efficiently during public meetings.
In Private Encounters
• 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.
Council Conduct with City Staff
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. 11
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
eLK BDM 100316 2
to be cooperative and show mutual respect for the contributions made by each individual
for the good of the community.
• 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.
• 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.
• 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 (Le. items on the tentative agenda or in a Council Committee).
• Never publicly criticize an individual employee. including Council-Appointed
Officers. Criticism is differentiated from questioning facts or the opinion of staff.
All critical comments about staff performance should only be made to the City Manager
through private correspondence or conversation. Comments about staff in the office of
the City Attorney, City Auditor or City Clerk should be made directly to these CAOs
through private correspondence or conversation7
• Do not get involved in administrative functions.
Avoid any staff interactions that may be construed as trying to shape staff
recommendations. Council Members shall refrain from coercing staff in making
recommendations to the Council as a whole.
• 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.
• 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.
eLK BDM 100316 3
• Respect the "one hour" rule for staff work.
Requests for staff support should be made to the appropriate senior staff member,
according to the protocol for channeling communications. Any request, which would
require more than one hour of staff time to research a problem or prepare a response,
will need to be approved by the full council to ensure that staff resources are allocated in
accordance with overall council priorities. Once notified that a request for information or
staff support would require more than one hour, the Council Member may request that
the City Manager place the request on an upcoming Council agenda.
• 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.
• Do not solicit political support from staff.
The City Charter states that "Neither the city manager or any other person in the employ
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 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:
• 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 be clearly made as individual opinion and not a representation of
the feelings of the entire City Council.
CLKBDM 100316 4
• Limit contact with Board and Commission members to questions of clarification.
ltis 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.
• Remember that Boards and Commissions are advisory to the Council as a
whole, not 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 or Commission appointment should not be used as
a political "reward."
• Concerns about an individual Board or Commission member should be pursued
with tact.
If a Council Member has a concern with the effectiveness of a particular Board or
Commission member and is comfortable in talking with that individual privately, the
Council Member should do so. Alternatively, or if the problem is not resolved, the
Council Member should consult with the Mayor, who can bring the issue to the Council
as appropriate.
• 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.
• 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.
• Maintain an active liaison relationship.
Appointed Council liaisons are encouraged to attend all regularly scheduled meetings of
their assigned Board or Commission, or to arrange for an alternate.
Staff Conduct with City Council
• Respond to Council questions as fully and as expeditiously as is practical.
The protocol for staff time devoted to research and response is in application here. If a
Council Member forwards a complaint or service request to a department head or a
Council Appointed Officer, there will be follow-through with the Council Member as to the
outcome.
eLK BDM 100316 5
• 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
• Demonstrate professionalism and non-partisanship in all interactions with the
community and in public meetings
• It is important for the staff to demonstrate respect for the Council at all times. All
Council Members should be treated equally.
OTHER PROCEDURAL ISSUES
• Commit to annual review of important procedural issues.
At the beginning of each legislative year, the Council will hold a special meeting to
review the Council protocols, adopted procedures for meetings, the Brown Act, conflict
of interest, and other important procedural issues.
• Don't politicize procedural issues (e.g. minutes approval or agenda order) for
strategic purposes.
• 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 appropriate Council
Appointed Officer or ..Q,itx Manager _~_~U!'!rJI}_~~~~"_<?~_~fJ~_~ __ '!.I~~ttr)g_!,!~_.p.<?~~J~l~ __ ~~Jh~L_/ ·r Deleted: Assistant City Manager
staff can be prepared to respond at the Council meeting.
• Respect the work of the Council standing committees.
The purpose of the Council standing committees is to provide focused, in-depth
discussion of issues. Council should respect the work of the committees and re-commit
to its policy of keeping unanimous votes of the committees on the consent calendar.
• 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; 2) to identify any issues or questions that may need greater
staff preparation for the meeting; and 3) to discuss future meetings. The purpose of the
meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are
expected to attend the pre-Council meetings with the City Manager and other CAOs.
CLKBDM 100316 6
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.
eLK BDM 100316 7
CITY OF PALO ALTO
COUNCIL PROTOCOLS
ETHICS ADDENDUM
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.
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.
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.
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.
Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand,
rather than on unrelated considerations.
Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good,
members shall not use their official positions to influence decisions in which they have a
material financial interest or where they have an organizational responsibility or personal
relationship, which may give the appearance of a conflict of interest.
Gifts and Favors
It is contrary to the city of Palof:I~Q:~ __ ~~hlc;:~Ll?~~!"l.(;t~!_Q~_~9L~Dy'_C?QI,.!.I1_C;:!U:~~~r!l.~_~!J~_~~~pL_-_--·{....::D:...:e=let..:.:ed=-:~a:....-_____ ---.J
gifts or gratuities from an individual, business, or organization doing business, or seeking
to do business, with the City or who is seeking permits or other entitlements from the
City.
The acceptance of gifts can convey an appearance of favoritism and conflict of interest.
Gifts can be perceived as attempts to influence City operations or as compensation for
CLKBDM 100316 8
services rendered and can erode the public confidence in the impartiality of decisions
made by Council Members.
Council Members exercise good faith in carrying but this Protocol. It is impossible to list
every situation and fact pattern, so it anticipates that Council Members will exercise their
good judgment in determining whether the item is a gift or not.
This policy is supplemental to the gift limitations of the Fair Political Practices
Commission's Limitations and Restrictions on Gifts, Honoraria, Travel and Loans.
The following are not considered gifts under this Protocol:
• Gifts which the Council member returns (unused) to the donor, or for which the
Council Member reimburses the donor, within 30 days of receipt.
• Gifts from a Council Member's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, brother-in-law, sister-in-law, aunt, uncle, niece,
nephew, or first cousin or the spouse of any such person, unless he or she is
acting as an agent or intermediary for another person who is the true source of
the gift.
• Minor gifts of hospitality involving food or drink, that the Council Member
receives in an individual's home or at another location of business.
• Gifts approximately equal in value exchanged between the Council Member and
another individual on holidays, birthdays, or similar occasions.
• Informational material provided to assist the Council member in the performance
of their official duties, including books, reports, pamphlets, calendars, periodicals,
videotapes, or free or discounted admission to informational conferences or
. seminars.
• A bequest or inheritance.
• Campaign contributions.
• Personalized plaques and trophies with an individual value of les~ than $250.
• Tickets to attend fund raisers for campaign committees or other candidates, and
tickets to fund raisers for organizations exempt from taxation under Section
501 (c)(3) of the Internal Revenue Code.
• Free admission, refreshments, and similar non-cash nominal benefits provided to
the Council Member at an event at which the Council Member gives a speech,
participates in a panel or seminar, or provides a similar service. Transportation
within California, and any necessary lodging and subsistence provided directly in
connection with the speech, panel, seminar, or similar service, are also not
considered gifts.
• Passes or Tickets which provide admission or access to facilities, goods,
services, or other benefits (either on onetime or repeat basis) that the Council
Member does not use and does not give to another person.
• Wedding gifts
• A prize or award received in a bona fide competition not related to official status.
• (These exceptions are paraphrased from FPPC publications.)
• Gifts from Sister Cities or other entities, other municipalities, if forwarded to the
City.
CLKBDM 100316 9
Confidential Information
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.
Use of Public Resources
Members shall not use public resources, such as City staff time, equipment, supplies or
facilities, for private gain or personal purposes.
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.
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.
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.
eLK BDM 100316 10
POLICY AND PROCEDURE FOR CITY COUNCIL E-MAILS
FOR AGENDA-RELATED ITEMS
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:
•
•
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)
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 appropriate Council Appointed Officer or .cit)! Manager.a~f~rin ./·t,?~I~~~:~_~~i~t~~.~~ity_r.JI~~~~:~_ J
advance of the meeting as possible so that Staff can be prepared to respond at
the Council meeting.
In its settlement agreement with the San Jose Mercury News of February 2003, the City
Council agreed to consider a policy under which the Council would waive any
deliberative or other privilege, other than attorney-client privilege, that it might assert with
regards to e-mailson agendized items. This policy and procedure implements that
agreement. The Council, in adopting this policy, does not waive attorney-client-privilege
or any other privilege associated with a closed session authorized under the Brown Act.
Procedure:
• Council Members should direct any questions on City Managers Reports (CMRs) , .................................. _ ..................... _ ........ _., .............................. --_ ................ .
to the .cit)! lV1anag~r or design~e ·qlJE;~tion~()r1 .. r~p()rtsHfrol11t~~9ity .. f\U~ itor., ......... t'?~I~~~:~~S_i~t~~t~itX . .r.JI~.~~~:!:.J
•
•
•
City Attorney, or City Clerk should be directed to the appropriate Council
Appointed Officer. Council Members should not direct any questions on agenda
items to other members of the City Manager's Staff or the Staff of the other
Council Appointed Officers.
Council Members will submit questions on agenda items no later than 9 a.m. on
the Monday of the Council meeting at which the item will be discussed. Any
questions received after that time may be responded to via e-mail, or
alternatively, will be responded to at the Council meeting.
Staff will not engage in "dialogues" with individual Council Members regarding
questions, i.e. follow-up questions to initial questions will be responded to at the
Council Meeting.
Staff will give highest priority to responding prior to the Council meeting via e
mail only on items on the Consent Calendar. 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
CLKBDM 100316 11
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.
• If the Staff will be responding to a Council Members Consent Calendar question
at the meeting rather responding ~the question via e-mail, Staff will inform the
Council Member as early as possible after receipt of the question(s).
• Questions and all Staff-prepared responses will be forwarded to all Council
Members as well as put up on the special web page created 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.
• Written copies of all Council Member agenda questions and Staff responses will
be at Council places at the meeting; additionally copies will be made available in
the Council Chambers for members of the public.
CLKBDM 100316 12
CITY OF PALO ALTO
SPEAKER CARD
Attachment C
If you wish to address the City Councilor other City Board please complete this
card and hand it to the clerk. Completion of this card is voluntary. Submitting this
card ensures that your name will be properly recorded in the minutes.
AGENDA ITEM NO.: __ _ PROJECT ADDRESS: _________________ _
ORAL COMMUNICATIONS (Non-Agenda Item) ____ -,--_______ _
NAME: DATE: -----------------------------
ADDRESS: _____________ ~ ___________ __
In accordance with the Public Records Act, any information you provide on this form is
available to the public.
PLEASE TURN OFF OR SILENCE PAGERS AND CELLULAR TELEPHONES
SEE REVERSE FOR FURTHER INFORMATION
CITY OF PALO ALTO
SPEAKER CARD
June 2010
If you wish to address the City Councilor other City Board please complete this
card and hand it to the clerk. Completion of this card is voluntary. Submitting this
card ensures that your name will be properly recorded in the minutes.
AGENDA ITEM NO.: ___ _ PROJECTADDRESS: __________________ _
ORAL COMMUNICATIONS (Non-Agenda Item) ____________ _
NAME: -------------------DATE: _____ _
ADDRESS: _________________ ~ ______ _
In accordance with the Public Records Act, any information you provide on this form is
available to the public.
PLEASE TURN OFF OR SILENCE PAGERS AND CELLULAR TELEPHONES
SEE REVERSE FOR FURTHER INFORMATION
June 2010
INDIVIDUAL SPEAKER LIMITS
We welcome you to address the City Council, committee, board or commission .
. Please review the meeting's agenda and identify whether you would like to speak
during an agendized item or during general oral communications. Under oral
communications, State law prohibits the councillboard from discussing items not
listed on the Agenda, so they will not be able to discuss or respond to your
comments. When your name is called, please step up to the podium and begin
speaking immediately. You are allowed up to three minutes, or shorter times as
explained by the presiding officer. Speak into the microphone so that the City
Councilor other City Board can hear you clearly. A gre{(n light will be activated at
the start of your remarks; a yellow light will be activated as a warning when one
minute remains; a red light will be activated and a buzzer will sound when your
time is expired. You are asked to complete your sentence and retake your seat.
THANK YOU FOR YOUR PARTICIPATION
INDIVIDUAL SPEAKER LIMITS
We welcome you to address the City Council, committee, board or commission.
Please review the meeting's agenda and identify whether you would like to speak
during an agendized item or during general oral communications. Under oral
communications, State law prohibits the council/board from discussing items not
listed on the Agenda, so they will not be able to discuss or respond to your
comments. When your name is called, please step up to the podium and begin
speaking immediately. You are allowed up to three minutes, or shorter times as
explained by. the presiding officer. Speak into the microphone so that the City
Councilor other City Board can hear you clearly. A green light will be activated at
the start of your remarks; a yellow light will be activated as a warning when one
minute remains; a red light will be activated and a buzzer will sound when your
time is expired. You are asked to complete your sentence and retake your seat.
THANK YOU FOR YOUR PARTICIPATION
POLICY AND SERVICES COMMITTEE
Excerpt from minutes
Attachment D
Regular Meeting
May 11, 2010
3. Discussion and Feedback to Staff on Colleagues' Memorandum Related to
the Early Release of Council Meeting Agenda Packets
Assistant to the City Manager Kelly Morariu said Staff was looking for
recommendations. The release date had already moved up to Wednesdays.
Jeff Greenfield, 3476 Waverley Street, said that with respect to Alma Plaza, Council
and the public were not clear on what could be done and when. He requested that
current guidelines should be clarified and published. He said that during the Alma
Plaza process, the impression was that Staff was working with the developer. He said
it reflected poorly on the process. Council should review Staff conduct and put
guidelines in place or request that current guidelines be followed. He said that the
Staff and the Council as public servants needed to show respect to the public.
Tom Jordan, 474 Churchill Avenue, spoke on behalf of the Palo Alto Neighborhoods
group (PAN). He said this was a citizen's issue and Staff should have little to
contribute. He said in San Jose they had a process that successfully allowed for
release of agendas 10-14 days prior to any action by the Council. He said this was
not rushing Staff, they do their work and then there was a delay. He said late
application submissions should have a set date one to two weeks prior to being
completed. Anything submitted after that should be returned to the applicant.
Procedure should not allow changes during the meeting. He added that should
Council bargain with the client after the public hearing was closed, no action should
be taken for two weeks to allow for Staff and Public comment.
Len Filppu, 3621 Ramona Circle spoke in favor of Staff's recommendations. Lack of
access to information was an abuse of power. He said that last minute changes by
the applicant in the Alma Plaza project were not vetted, but were pushed through
anyway. He suggested the awards during Council Meetings should be done during
business hours, not during public time, in order to make sure the public gets proper
speaking time.
Doria Summa, 2290 Yale Street, spoke in favor of the changes recommended in the
public hearing process. She recalled her experiences with the application for 2180 EI
Camino Real. She said that it had multiple preliminary reviews, was rejected by the
Page 1 of 8
I
POLICY AND SERVICES COMMITTEE
Regular Meeting
May 11, 2010
Planning Commission, and appealed to the Council by the Applicant. Staff completed
a neutral report to submit to Council. The day before the Packet was released the
Applicant submitted a 36 page document. Staff hastily reviewed the document and
added a memo to their report now recommending the project. The document was
not available in printed format for the public, they could only access it at the end of a
300 page download. She said the applicant had regular conversations with Staff and
Council that the public was not privy to.
Fred Balin, 2385 Columbio Street, agreed with the previous remarks. He recited San
Jose's Agenda Packet Schedule indicating a time line between 14 days up to four days
prior to the meeting. There were rules for exceptions, but they were not often
required. He said Staff should have in place a clear administrative deadline to
address late applicant submissions. Post packet materials submitted to the Council
should be disregarded. "What if" scenarios after public input were a form of
bargaining and should be subject to public comment or not allowed.
Ms. Morariu said Staff was very supportive of exploring early packet release. She
said getting the packet out a week early was an organizational culture change which
would take time. She said that earlier packet release allows for more back and forth
with questions and answers between Staff and Council, which could be helpful. It
could also create a need for frequently revised reports which could then cause
confusion among the public.
Ms. Grider agreed. She added that the packet change to Wednesdays happened
without too much problem. Revised agendas and reports could cause issues and
needed to be managed.
Ms. Morariu said they were in the process of implementing an electronic agenda
management system. It would bring a great deal of efficiency to the process.
Moving the packet to an earlier day and shifting to an electronic routing process at
the same time would be more efficient than separate steps.
Council Member Holman said this proposal would support both public participation
and Staff. She said she would like to see Staff determine the appropriate deadline for
materials to be turned in, and Council would support that process. This would allow
better, timelier Staff Reports and better public access and transparency. San Jose's
model should be reviewed. Council protocols and policies had been referred to, but a
Page 2 of 8
POLICY AND SERVICES COMMITTEE
Regular Meeting
May 11, 2010
late submission accommodates no one and was a critical issue .. She agreed that the
process should be posted at an early stage. She said it would also help keep the City
from deviating from its own process which led to confusion, bad process, and bad
outcomes creating much frustration.
Council Member Price agreed that it would be wise to look at the San Jose model.
The earlier the packet was released the more sense it made, with two exceptions.
She said modified reports were a big concern that would need to be addressed. Also,
proper noticing, would need to be addressed. Substantial changes triggered
requirements that affect the noticing. She said the relationships between the
changes and the notifications would have to be clarified. She said transparency
needed to be considered and substantial changes to an application should cause a
change in schedule. She said there were roles and responsibilities of the various
commissions that were already in the Municipal Code. However there was nothing
that addressed the process anywhere. A clarification was needed in the process. She
added that the Council directed Staff according to elements, but they did not draft
the new procedures.
Council Member Shepherd said there was time to breathe on this due to the current
financial process. She asked the public if this was tied into the planning process.
She asked for other venues that could be used to describe the process.
Mr. Jordan said it was mainly land use. He said early packet release would apply to
that as well.
Council Member Shepherd said the Alma Plaza was the closest one to her. Some of
the concerns she shared were that the process may not have been simple enough.
She used the High Speed Rail as an example of a project that had no process. She
said she wanted to understand how these items moved forward with out proper
process. She asked about efficiencies in permitting, clarity for applicants, and the
committee process. She suggested another step in the process that two Council
Members can suspend an item to the next Council meeting.
Chair Yeh said Staff should be integrated into the processing. Council should hear
Staff's opinions on time lines, and other existing policies. He said there could be a
concurrent analysis with the planning process.
Page 3 of 8
POLICY AND SERVICES COMMITTEE
Regular Meeting
May 11, 2010
Chair Yeh said that with the issue of modified reports, they could look at processes
used for Council Questions. He asked why reports had to be modified and where the
new information was coming from.
Ms. Morariu said that Staff would look at that. Different agencies had different
methods, and Staff would have to look at their processes.
Tom Jordan said that Council should adopt a deadline for Council Questions, such as
Bam Monday morning as well as a deadline for the answer.
Chair Yeh said that necessitated a moving up of the packet date.
Council Member Price said that the questions might be great, but at the dais she
didn't have time to read and absorb any of it.
Chair Yeh said Council needed discipline to abide by any set guidelines as well.
Ms. Grider said that colleagues' memos are due Wednesday afternoons, which doesn't
work now that packets go out on Wednesdays. Members of the Public can get letters
in by Wednesdays at noon and they will go in the packet. She said they needed to
review all the different components of early packets. She also added that realistically
packets could not go out Tuesdays after Council Meetings that end at 1: 00 am.
Ms. Morariu agreed that Wednesdays were probably the only day packets could out
earlier, perhaps a week earlier on Wednesdays, but not Tuesdays.
Council Member Price suggested Staff use the community members' comments for
the basis of areas that needed to be addressed.
Ms. Morariu suggested the Committee recommend Staff do some further research on
the early packet release, review some other municipality processes, review timelines
around items such as colleagues memos, and begin work on the process for late
submittals sooner rather than later.
Council Member Shepherd said she wanted to make sure everyone understood it was
the process being discussed here not Staff.
Page 4 of 8
POLICY AND SERVICES COMMITTEE
Regular Meeting
May 11, 2010
Council Member Price said that Council needed to give Staff the right to say no.
Ms. Morariu said that major items used to be released a week early, and it might be a
good idea for Staff to get back into that habit to give the Public and Staff more
opportunity to review the projects.
Council Member Holman said they also needed to address the protocol issue. She
suggested a morphed recommendation to Council that included a required Pro forma.
With many of the projects mentioned tonight, the applicants said they were doing all
they could afford to do. The process should require a certain amount of return. She
said they do have process but they deviate from it too much. There was no
consistent review. She would like to see for the sake of transparency, Staff being
empowered in more ways than just setting deadlines. They should be more proactive
than reactive. She said she thought they had protocols already regarding Staff and
Council's interaction with the Public or Applicants, but it needed to be upheld. Ex
parte communications needed to be eliminated until after all the review body
recommendation meetings had been held. She said she was interested in knowing
when the recommendation would go to Council and come to agreement about what
would go to Council.
Ms. Morariu said it depended on what was going to Council. Some items could come
back in July. Early packet release could be more of a conceptual buy in from Council.
Council Member Price asked for clarification about breaking the process into two
parts, which made sense. She asked if it would be more of a recommendation of
procedures.
Ms. Morariu suggested it might be more of a workplan to identify what needed to be
done.
Council Member Price said there could be a software approach that would take longer,
but there were some more immediately ,implementable items as well.
Ms. Morariu suggested publishing larger items earlier was something that could be
done immediately.
Page 5 of 8
POLICY AND SERVICES COMMITTEE
Regular Meeting
May 11, 2010
Council Member Price said it could be broken into multiple pieces with out necessarily
rewriting everything. She agreed in concept with the ex-parte idea, but she thought
that Applicants should have the same opportunities as citizens to express their
concerns.
Council Member Holman said there should not be a preference between interested
parties, which included both the Applicants and the Public.
Council Member Price said that on the Pro forma it should be a discussion pOint. She
wanted to know how common it was.
Council Member Shepherd asked for clarifications on the policies and protocols as she
wasn't sure if they were going to look at everything together.
Ms. Morariu said it might be a good idea to bring back to the committee in June a list
of the procedures that were related to the packet with priorities. It would be similar
to a workplan. She also clarified that large items could be released a week prior to
the regular packet date.
Council Member Price said she was concerned about complex projects not being
moved on early enough. She asked if there was a way to fix the late planning
submittals issue.
Ms. Morariu suggested the late planning submittals would be a top priority. There
were other suggestions that could be addressed easily such as the deadline for letters
from the public.
Council Member Shepherd asked for clarification on whether or not a client could
have a ten minute presentation if they applied for it.
Council Member Holman said that was correct.
Council Member Shepherd said that if a group wanted to get together and submit an
argument they should be allowed to. She said, regarding ex-parte, she would rather
know during the process if something wasn't working. They needed to talk more, but
Council needed to be careful not to have their votes ready.
Page 6 of 8
POLICY AND SERVICES COMMITTEE
Regular Meeting
May 11, 2010
Council Member Holman agreed. She said if something wasn't working, it didn't
require direct communication from the applicant or the public. A letter could be
submitted to the entire Council. That ensures all communications were public.
Council Member Shepherd said her concern was that the Council needed to remember
who their duty was to. The process should be transparent, and should not cost
applicants extra money by having to resubmit applications regularly.
Chair Yeh asked the Committee if they should revisit the subject at the June meeting
so they could review a proposed prioritized list in more depth.
Council Member Holman supported the idea, saying the packet was going to address
all the issues, not just the narrow scope of the memo. She also requested that they
schedule it with enough time for the minutes to get to Council with the
recommendation.
Ms. Grider said there was a four week turn around time. Staff required two weeks.
Then the Committee Liaison needed to review it. Then the packet went out a week
early, so four weeks between the Committee meeting and the Council meeting were
needed to have minutes ready.
Council Member Holman asked if Staff could bring back a recommendation from
Planning on how to require as part of the process a draft plan.
Council Member Shepherd said that was part of the memo.
Council Member Holman said they get proposals but they don't know how the budget
would be subdivided which had major impact on the project.
Chair Yeh said because this was going to come back, they might take the priorities off
first and let the Committee delve deeper into the other pieces.
Council Member Holman said that was fine, but the question should be asked.
Chair Yeh agreed.
Ms. Morariu said it could be added to the workplan to be discussed in June.
Page 7 of 8
POLICY AND SERVICES COMMITTEE
Council Member Holman said it was part of the Council Priorities.
Regular Meeting
May 11, 2010
Chair Yeh agreed with the prioritized list being presented to the Committee in June.
Council Member Holman asked if Staff could start releasing larger project packets
immediately.
Ms. Morariu said they could. She clarified Staff's interpretation of larger projects as
anything that was a discussion type item such as the Composting Facility. Anything
that would have a lot of public input such as major studies and land use issues.
Council Member Holman said it would be good to also consider dollar amount when
making the determination of whether a project should be released early or not.
Page 8 of 8
Attachment E
CITY OF PALO ALTO
CITY COUNCIL AND BOARDS AND COMMISSSIONS POLICY
FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT
March 2006
GENERAL CONSIDERATIONS
This policy is set by the City Council and applies to Council Members and to Board and
Commissions members, who will be referred to as "Officials" in the policy. In reimbursing
travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public
funds must be iIi evidence; also, in accord with the Charter and Municipal Code, such
expenditures must be from authorized appropriations.
ELIGIBLE ACTIVITIES
The following activities ("Eligible Activities") are recognized by the Council as advancing
municipal purposes and are eligible for expense reimbursement, subject to limitations on
activities and specific and total expenditures described elsewhere in this policy:
1. Communicating with representatives of regional, state and national government on
adopted city policy positions;
2. Attending educational semmars designed to improve officials' skill and information
levels;
3. Participating in regional, state and national organizations whose activities affect the
city's interest;
4. In collaboration with city staff, implementing a city-approved strategy for attracting or
retaining businesses to the city.
All other expenditures require prior approval by the City Council at a regular or special meeting.
OUT-OF-TOWN CONFERENCES OR MEETINGS
Reimbursement
All payments for travel and meetings shall be on the basis of either reimbursement of expenses
advanced by the Council Member/Official or payments made directly to travel
agencies/websites, hotels, airlines or the organization sponsoring the meeting. All requests for
payments or reimbursements must be accompanied by supporting vouchers, invoices or paid
detailed receipts and a copy of descriptive literature about the conference or meeting. The
Mayor or Chair for Officials must approve, in advance, individual travel requests for out-of-town
meetings and conferences, e.g., Annual League of California Cities Conference, National League
1
LOCAL OR BAY AREA ACTIVITES
Council Members or Officials who have been requested or designated to represent the City may
receive the actual cost of:
1. Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings.
2. Registration fees where applicable.
3. Mileage if activity is outside the City (mileage claims should be submitted monthly, with
details: date and type of meeting, number of miles traveled to be indicated), consistent
with City Policy and Procedures 1-02.
4. Council Members and Officials may be reimbursed by. the City for use of a private
bicycle to attend local or Bay Area activities outside the City of Palo Alto consistent with
City Policy and Procedures 2-9.
OTHER EXPENSES
1. Airport parking fees, but Council Members and Officials must use long-term parking for
travel exceeding 24 hours.
2. Meal expenses and associated gratuities must be within the limits set in City Policy and
Procedures 1-02.
3. TelephonelFaxiCellular expenses will be reimbursed for actual expense incurred on City
business.
4. Internet Fee up to $15 per day, if a Council Member or Official is traveling on official
business and needs access for City-related business.
5. Baggage Handling Fee up to $3 per bag will be reimbursed.
6. Ethics Training Expenses -AB1234 requires ethics training every two years and such fee
and related expenses are eligible for reimbursement.
ACTIVITES NOT CONSIDERED REIMBURSABLE
1. Voluntary attendance at any conference or meeting, not representing the City.
2. Meetings of social or service organizations.
3. Meetings of voter groups or with individual citizens concerned with agenda items.
4. Election campaign activities.
3
5