HomeMy WebLinkAboutStaff Report 1793CITY OF PALO ALTO OFFICE OF THE CITY ATTORNEY
June 7, 2011
The Honorable City Council
Attention: Policy & Services Committee
Palo Alto, California
Changes to Council Procedures and Protocols
At the April 20, 2011 Policy and Services Committee meeting, staff was
asked to return with proposed language regarding th e submittal of materials
related to development applications directly to Council Members. In addition, the
City Clerk was asked to provide a complete redline showing all changes to the
Procedures Handbook recommended by the Committee but not yet adopted b y
the full Council.
Submittal of Materials Directly to Council Members:
Staff recommends changes to the Procedures Handbook; Council Meeting
and Agenda Guidelines, section B General Requirements, item c (page II -5) as
follows:
c) Late Submittal of C orrespondence or Other Information Related to Planning
Applications. In order to allow for adequate Staff review and analysis, and to
ensure public access to information, all plans, correspondence, and other
documents supporting or commenting on planning applications being heard by
the City Council must be submitted to Staff not later than noon five working days
prior to the release of the Council agenda packet. If any correspondence or other
information is submitted after this deadline to Council Members or Staff, and
Staff determines additional review is needed, Staff will reschedule the item for a
future Council meeting. If a Council Member receives materials directly from a
project applicant, he or she shall notify the City Clerk and the City Manager a s
soon as possible.
Recommendation:
Staff recommends that the Committee recommend that the City Council
Updated: 6/1/2011 4:14 PM by Donna Grider Page 2
adopt the changes to the Procedures Handbook regarding late submittal of
correspondence and other information related to planning applications and
forward the previously adopted changes to the Procedures Handbook to the full
Council for approval.
Donald Larkin will be available at the meeting to answer any questions
about the proposed changes.
ATTACHMENTS:
·Procedures Handbook Redlined (PDF)
·Protocols Handbook Redlined (PDF)
·PS 4-20-11 MINUTES EXCERPT (DOC)
Department Head:Molly Stump, City Attorney
Updated: 6/1/2011 4:14 PM by Donna Grider Page 3
CITY OF PALO ALTO
COUNCIL PROTOCOLS
(Updated 11-22-2010)
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.
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 shalf 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 shalf deal with the administrative service solely through the
city manager, and neither the council nor any member thereof shalf give orders to any of
the subordinates of the city manager, either publicly or privately. "
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
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 Citv 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 (i.e. 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 conversation~
• 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 staffs ability to do its job
objectively.
3
• lReti-aU frdlTlLobbying<bif1'lifCeFltaet~ \'I4th Board and • Commissionmember8:.te ~~st!~R~'9f~laR~.QFlL ___ .~ __ .. . _ ~ ~ ~ ~ _ _ _ ___ , _, _ ~ ~ "_ ~ _ _ _ _ _,
It is inappropriate for a Council Member to contact a Board or Commission member to
lobby on behalf of an individual, business, or developer, or to advocate a particular
policy perspective. It is acceptable for Council Members to contact Board or Commission
members in order to clarify a position taken by the Board or Commission.
• 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 and Commission appointment should not be used
as a political reward.
• IConcerrisaboUt an individual Board or Commission member should be pursued
iNittH'act.
l(aGouri'cil'Meinbernas ..:con#erns With the'> effeGti'leRess ef apartlcularBoard or COrnmiS~io,;'_rri~rnbElr '. icilfiiUpg-tRei~2his or.. her-roles . and". resP()nsibiliti~sand ,is C:()ijlf9~,~I~<ii),1~lki~g _with.that,individi.Jiil;pli"at~ly, theCounpil ; Mel11ber: ,should . do so.
Alt~rl'l~~i'l~IYi or.ifth~ problemis'1ofr~solve(j,c th~ Counci.IMempershould consult with
t~e M~Y9i'i'Who~n~riR9mayaddressthe 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 or alternates are encouraged to attend all regularly scheduled
meetings of their assigned Board or Commission.
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.
5
--' Comment [62]: Verbiage approved
by P&S at 2/15111 meeting.
, Comment [~3]: Verbiage approved
by P&S at 2I15/U m~ __
• 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
communitv 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 City Manager as far in advance of the meeting as possible so that
staff can be prepared to respond at the Council meeting. More detailed procedures
relating to agenda questions can be found in the addendum to these protocols titled
"Policy and Procedures for Council E-mails for Agenda Related Items"
• ISubmittalof Materials Directly to CounCil.
If Council receives materials related to agenda item matters they will notify the City Clerk
and the City Manager as soon as possible.
.tate Sl:IBmittalef Plannina Applisation Materials. +,
In ordertoallew roradeql:latestaff review and analY£is and to ensl:lre I3l:1Blisassess te
materials, aU I3la~s and etRer al3l3lisant materials related te Plannin€! al3l3lisations Bein€!
heard BY tRe CityCol:lnsii ml:lst BeSl:lBmitted not later tRan neon § ' .... erkin€! days I3rier te
iRe r:elease of IRe Cmmsi.1 a€!enda flasket. TRis insll:ldes materials delivered te staff er te
6
r--· ---.--.----.--.--.~
1 Comment [G4]: At the 2/15/11 I
I meeting P &S requested Staff Rewrite to I
. define "Materials" and continued to i
l3/8/11.. ... _. .. ___ J , i Formatted: Bullets and Numbering· 1
CeijFl~Rii~eF~;eit/;l~i~~r:eel''''ijFiR9*~ fF)ee~R9 .•. lfitem~ (iFeRet 6~emittea9ythi.s ~(ite.~rff ~frEl~Fl-llfr:}e~~Elitie~alFEij.fiEr."! i&Re~ea, sWfwtU i=e6el:l~a\:lletl:le item te a fyt~¢9WFlcail':Fij~~9;> A~~Edi'ie~a"y, Jttt.l:8Riar:esigRifieaRt. eI:IaRges;~ta# 'IAII aFial~e
Y.4:l~,ettl:l~Re9ge~i6tst~'GE'mtiFll:le#leiteFFi. _ _ ____ . _ _ _ __
• 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. If a matter is
taken forward to the full Council for approval and it receives a unanimous vote at
Committee, the item will be placed on the Consent Calendar unless otherwise
Irecommended by the Committee, Mayor or staff.
• 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 CADs.
Consideration in building the agenda should be given to the potential length of the
meeting and at what point items of significant public concern may be heard.
POLICY & SERVICES COMMITTEE -ROLE, PURPOSE, & WORK
PLANNING
The Municipal Code states that the role of the Council Policy & Services Committee is
to:
... consider and make recommendations on matters referred to it by the council
relating to parliamentary and administrative procedures and policy matters
pertaining to intergovernmental relations, personnel policies, planning and
zoning, traffic and parking, public work, and community and human services.
(§2.04.220)
In 2009 and 2010, the Council reviewed the purpose and structure ofthe Committee and
adopted recommendations on several items related to this. This section documents
these agreements related to the Committee.
iPurpps,¢,-9~t~rtIenffhep~l'Poseofthe eplicy~Se~ices Committeeisto Fe91:llaFly review.~ndid~nJifyjO'lPQ$ntcornm!JnityisSues 'andCitj policies'andpractices to ensure goodpu~Ucp()Upy, ~tl:l:~;fesl:i~9ff'eR&I:IFiR9geeEl\il1:l9Iis \ile!ieyaRa ~e~t\ilFaetise~ .. A
\ilEiFtie~larfesl:l~ef~e Ce~A'1itt.ee,is t~ 9F1SI:Ir:etl:lat tl:le City.9FgaFlisti9A is F9s\il9Rsi\'e, e#$~ive,aflEi e119ReE! witheemFAYRity 'Ja;ll:Ies aREI CityCelilRSil\ilFieFities;
The'Committeestiallccinsider and make'recommendations to Council on matters
relatirigtoparliamentarVahd administrative prC?cedures and policy matters. _ _ _ _ __
ENFORCEMENT
7
, --Comment [G5]: At the 2115/11
meeting P&S approved by motion the
de1c:tion of this paragraph as the subject is
covered iri Procedures.
Comment [G6]: VCrbiage approved
by P&S on 3/8/11.
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.
8
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 Palo Alto's ethical standards for any council member to accept
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
9
services rendered and can erode the public confidence in the impartiality of decisions
made by Council Members.
Council Members exercise good faith in carrying out 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 less than $250.
• Tickets to attend fundraisers 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.
10
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.
11
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 (Le. 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 City Manager as far in
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-mails on 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 staff reports to the City
Manager or designee. Questions on reports from the City Auditor, City Attorney,
or City Clerk should be directed to the appropriate Council Appointed Officer.
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, Le. 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
12
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 to 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.
13
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 in evidence; also, in accord with the Charter and
Municipal Code, such expenditures must be from authorized appropriations.
ELIGffiLE 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 seminars 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
14
established by the Internal Revenue Service authorized mileage
reimbursement rate consistent with the City Policy and Procedures 1-02.
Mileage reimbursement for private automobiles shall not exceed the cost of
round trip air transportation (economy class) and rental car, if
applicable, or an available group travel rate if lower.
3. Rental Car: Economy level only when Council Member or Official has
traveled by airplane out of the Bay Area.
4. Shuttlerraxi: When traveling out of the area.
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. Telephone/Fax/Cellular 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.
16
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.
5. Alcohol and entertainment expenses.
6. Personal portion of the trip and other non-mileage automobile expenses.
REPORTS TO COUNCIL
Council Members and Officials shall provide brief verbal reports on meetings attended at
the City's expense at the next regular CouncillBoardiCommission meeting. If multiple
Officials attended, a joint report may be made. All related documents are subject to the
Public Records Act and can be periodically reviewed by auditors.
VIOLATION OF TmS POLICY
Use of public resources or falsifying expense reports is in violation of this policy and
may result in any or all of the following:
1) Loss of reimbursement privileges
2) A demand for restitution to the City
3) The City reporting the expenses as income to the elected or appointed Official to
state and federal tax authorities
4) Civil penalties of up to $1000 per day and three times the value of the resources
used .
5) Prosecution for misuse of public resources
MAYOR AND VICE MAYOR ADDITIONAL COMPENSATION
17
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray
additional expenses of these offices.
BOARDS AND COMMISSION COMPENSATION
Board/Commission
Human Relation Commission
Planning and Transportation Commission
Architectural Review Board
SUPPORT SERVICES
Frequency
Quarterly
Quarterly
Quarterly
Amount
$ 50.00
$120.00
$120.00
The City Clerk's Office makes travel arrangements for Council Members. This service
includes conference registration, hotel reservations, per diem advances and
reimbursement of unforeseen expenses. The department liaison for each board and
commission will be responsible for arrangements for Officials.
18
19
FILENAME DR 1
POLICY AND SERVICES COMMITTEE
DRAFT EXCERPT
Special Meeting
April 20, 2011
Follow Up Issues re: Council Protocols and Procedures.
Don Larkin, Assistant City Attorney,reviewed the changes made to the Protocols and
Procedures books at the last Policy & Services Committee including some of the
language changes in the policy statements.
Council Member Klein asked if all developmental projects were quasi-judicial.
Mr. Larkin stated zone changes were generally considered legislative and Planned
Community (PC)zoning was different but overall was legislatively treated as quasi-
judicial for disclosure purposes. He noted it was not Staff’s intent to expand the
definition to include other types of projects. The idea was that, within that group of
quasi-judicial, this is what they were talking about in development projects.
Council Member Klein suggested adjusting the wording to reflect a quasi judicial
development project.
Council Member Holman stated she would agree to change the wording to
accommodate quasi-judicial and PC development projects.
Council Member Klein noted other wording required revisions to increase clarity
regarding whether suggestions were formal or conceptual. This remained difficult to
determine.
Mr. Larkin stated this was the reason for the wording, “a particular project,” in order to
eliminate this confusion.
Council Member Klein stated it remained unclear how the statement provided guidance
to a Council Member.
FILENAME DR 2
Mr. Larkin stated Staff struggled to clarify this. He requested guidance from the
Finance Committee on how to aid Council Members in determining the difference
between property owners trying to figure out what to do with a specific property or
somebody looking for feedback on a specific project.
Council Member Klein asked for the conclusion of where this ultimately would lead.
Mr. Larkin stated if discussions led to Council Members developing an opinion on how to
develop a project based on off-the-record conversations, it had to be reported.
Council Member Holman stated they had not heard the right definition; however, an
applicant requesting input from Council prior to the application process circumvented
the entire purpose of the proposed policy.
Council Member Burt reviewed hypothetical instances illustrating where to draw the line
in order to find some clarity on the issue.
Mr. Larkin stated he struggled with the issue because he did not want to make policy
determinations for the Council or make recommendations on what the policy should be.
The intent in the language was to find something conceptual a Council Member could
respond to.
Council Member Burt asked if Council Member Holman could clarify what she meant by
“or conceptual.”
Council Member Holman noted she had trouble with this wording as well. She said she
hoped to prevent the circumventing of their procedures by an applicant, who might
come to Council for input or opinions on a project that is formed prior to filing out an
application.
Council Member Burt stated this language was still fuzzy and he did not want to see
language in the procedures that was ambiguous.
Mr. Fred Balin spoke regarding the five-day window of the release of The Staff Report.
He referred to materials in the minutes and Motions made regarding materials received
outside the normal channels. He hoped the wording regarding the late release of
materials could be resolved, in order to keep these materials in, as an important aspect
to preventing more circumvention.
Mr. Tom Jordon strongly recommended that wording should be drafted by the
Committee rather than by Staff. He suggested the two people discussing it should
come up with language that would work and then move it forward. He made further
FILENAME DR 3
comments on the quasi-judicial discussions. He stated that PC projects were in fact
quasi-judicial projects. He stated they were land use planning projects and were
required to have a master plan.
Council Member Holman suggested defining “project” as “for purposes of this section,
for a quasi-judicial or PC development project subject to these rules is a formulated
plan to go forward with a particular project or development.” She said the proposed
verbiage indicated there were specific details having to do with a project being
discussed.
MOTION: Council Member Holman moved, seconded by Council Member Klein, that
the Policy and Services Committee recommend the City Council adopt the following
language in the Staff Report, page 3, Definition of Project:
“For purposes of this Section IV, a Quasi-Judicial or Planned Community
Development Project subject to these rules is a formulated plan, whether formal
or conceptual to go forward with a particular project or development.”
And, the following language on page 1 of the Staff report, Study Sessions:
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 discussions by
City staff,and detailed questioning and brainstorming by Council on issues of
significant interest, including City policy matters, zoning applications, and major
public works projects.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 Council consideration meetings,
but as no action can be taken at a study session. During regular study sessions,
public comments are typically Public comments on study session items may be
received together with oral communications at the end of the immediately
following the session or may be heard during discussion of the item as
determined by the Mayor. or at another appropriate time at the discretion of the
chair. 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.
Council Member Holman stated the language, as amended as she proposed, would
provide some assurance to colleagues that they were referring to a formulated plan.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE MAKER AND
FILENAME DR 4
SECONDER to amend the Staff recommended language for Study Sessions on the Staff
Report, page 2(b) No Formal Rules:
a)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, and the Mayor shall have
discretion to determine the appropriate process for conducting the study session,
including when public comment and oral communications will be heard.
Examples of potential formats for conducting a study session include, but are not
limited to:
·Town hall-style or round table style meetings (these may be particularly
appropriate for applicant and community dialogue with the Council related
to specific development projects)
·Staff or other city-sponsored informational presentations
·Council question and answer.
Council Member Holman asked how future Councils would understand study session
formats without these examples.
Council Member Klein stated the Mayor had the discretion to determine an appropriate
process for conducting a study session.
Council Member Klein questioned the suggested verbiage on page 3,paragraph 1 of the
Staff Report regarding follow up meetings. He asked for clarification regarding the
intent of the additional language.
Council Member Holman stated action could not be taken at study sessions. So the
reason for the followup Council meeting was in order for the Council to take action and
give direction.
Council Member Klein stated action and direction were not the same thing.
Council Member Holman said study sessions addressed policy issues such as land use
and appropriateness of location, but project specifics would not be addressed.
Council Member Klein stated there were several meeting types, and the meeting they
were discussing above was not covered in those meeting types. If something is
agendized it is because some form of action is being taken
Council Member Holman stated the purpose was to take action or not, because the
FILENAME DR 5
Council may or may not agree to take an action. However, they were not to get into
any specific details of the project.
Council Member Klein asked again, if the item was agendized why Council were not
being asked to take action.
Council Member Holman stated there had been meetings where projects that went to
council prior to having formal review. In the past, there had been study sessions on
these projects where very finite specifics have been indicated which tie the hands of
the Architectural Review Board (ARB) and the Planning and Transportation Commission
(PTC).
Council Member Klein understood this scenario, but stated that the paragraph they
were discussing did not speak to this.
Council Member Holman stated they were talking about a formal City Council meeting
where action can be taken to give guidance to an applicant.
Council Member Klein stated if the Council had agendized an item inappropriately then
somebody needed to bring that up, but if it were properly agendized then they were to
do what was appropriate under that item.
Council Member Holman stated what they were trying to do was identify what was
appropriate given the early stage of review.
Mr. Larkin stated the language would come into play with a PC application or in a City-
sponsored project, such as the library project.
City Manager, James Keene, stated one problem with study sessions was the Council
Members can say things that the ARB or Staff may construe as needing to be
incorporated formally in some way, but these are not real actions by the Council. As a
prelude to the Council’s ultimate decisions, they are referring to intermediate type
meetings. He agreed with Council Member Klein that this would be a regular Council
meeting and this would be an agendized item requiring Council action. They could try
to prescribe some limits to their actions.
Council Member Holman stated the limits would be policy issues and not the project
specifics, which is why it was stated that the guidance should address policy issues.
Mr. Larkin stated the PC zone is the only place where it does not fall within the
guidelines of the existing zoning ordinance.
FILENAME DR 6
Council Member Holman stated this had been an issue for years. She spoke regarding
the policy direction coming prior to environmental review. The language was retained
to ensure the direction was not binding.
Council Member Burt asked who this direction was intended for.
Council Member Holman stated the direction was intended for both the applicant and
Staff.
Council Member Burt noted if it was a PC they do not give the applicant direction, but
they give them guidance.
Council Member Holman gave her observations and experiences of what occurs at
study sessions.
Council Member Burt asked if her explanations and observations were moving outside
of what they were discussing at the moment which was PCs.
Council Member Holman stated she was discussing PCs and City projects and whether
to go forward on any given project, and does the Committee want Staff to spend time
in their exploration of these projects. With a followup action at a Council meeting they
can give clear direction whether or not to move forward.
Council Member Price agreed with Council Member Klein’s comments. She encouraged
flexible language regarding study sessions emphasizing that they were a “safe
environment.”
AMENDMENT TO MOTION: Council Member Klein moved, seconded by Council
Member Burt to delete the following from the Staff Recommendations, first paragraph,
page three of the Staff Report:
(1)Follow up meetings regarding development projects. Council may direct
staff to bring study session matters back for Council consideration at a future
meeting, prior to formal review of the project. If Council wishes to provide
guidance or direction to an applicant at a follow up meeting, such guidance should
address policy issues, including such as land use and appropriateness of location,
but should not address project specifics (such as number of units, square footage,
density, etc.) prior to environmental analysis and Board and Commission review.
Any guidance provided by the Council prior to formal review should not be relied
upon as a final decision nor shall it be binding on future hearings of the Council or
any Board or Commission.
FILENAME DR 7
Council Member Burt noted there were times when study sessions were rushed at the
end. He stated the feedback loop and individual Council Member comments are
sometimes lost. He suggested they consider either longer study sessions to prevent
this or a followup session to catch up these comments.
AMENDMENT TO AMENDMENT:Council Member Holman moved, seconded by
Council Member XXXX, to retain the first sentence of the first paragraph on page three
of the Staff Report to read as follows:
(1)Follow up meetings regarding development projects. Council may direct
staff to bring study session matters back for Council consideration at a future
meeting, prior to formal review of the project. If Council wishes to provide
guidance or direction to an applicant at a follow up meeting, such guidance should
address policy issues, including such as land use and appropriateness of location,
but should not address project specifics (such as number of units, square footage,
density, etc.) prior to environmental analysis and Board and Commission review.
Any guidance provided by the Council prior to formal review should not be relied
upon as a final decision nor shall it be binding on future hearings of the Council or
any Board or Commission.
AMENDMENT TO THE AMENDMENT FAILED DUE TO LACK OF A SECOND
Council Member Holman provided a further example of an issue that resulted in poor
Study Session policies with the 800 High Street project.
Council Member Klein added that the present rules needed to be enforced rather than
adding layers to the process.
AMENDMENT PASSED:3-1 Holman no
Council Member Burt asked if they were voting on everything else, at what point did
they consider the changes that Mr. Fred Balin brought forth.
Council Member Holman suggested that this be done separately, or it could be added
as an amendment.
MOTION AS AMENDED PASSED: 4-0
Mr. Larkin spoke regarding the outside normal channels language. He stated Staff was
comfortable with the language in the minutes and the changes within can be
incorporated into the motion.
FILENAME DR 8
Council Member Price asked if he was speaking to the minutes they had in front of
them.
Mr. Larkin confirmed.
Council Member Burt clarified that the minutes reflected, “If a Council Member receives
materials other than through City staff they would notify the City Clerk and City
Manager as soon as possible.” If so, in order to eliminate any ambiguity, he wished to
place this as a Motion.
MOTION: Council Member Burt moved, seconded by Council Member Holman that the
Policy and Services Committee recommend to the City Council the following language
be included in the Procedures Handbook:
“If a Council Member receives materials other than through City Staff they
would notify the City Clerk and City Manager as soon as possible.”
Council Member Klein stated applicants and members of the public had to be treated
the same, so he questioned what they would do with regard to an email/s received
from citizens over a weekend prior to a Monday meeting.
Mr. Larkin stated this was not intended to include phone calls, but anything added to
the administrative record should be given to the City Clerk as soon as possible.
Council Member Price asked if he was suggesting that all the emails the Council
receives should be forwarded to the City Clerk.
Mr. Larkin stated he was not suggesting anything, but this was a policy previously
discussed at the last meeting. If it was a policy matter being discussed at the meeting
the email should be forwarded to the clerk.
Council Member Burt asked if this could be pointed out in the meetings.
Mr. Larkin did not have them. He knew the issue had come up but did not know if it
was resolved.
Council Member Holman went from memory and not the minutes, but she believed it
was clarified because they had talked about it in the context of materials that would
come forward that substantially affected a project. It was not specifically to include
email comments that you get from someone in support of a project or in non-support of
a project. It was for literal focus on substantive information that would change or
influence a project.
FILENAME DR 9
Council Member Klein stated he was still troubled by this and the Council Members
frequently get citizen emails that do not limit themselves to opinions of yes or no on a
project and then provide lots of information.
SUBSTITUTE MOTION:Council Member Price moved, seconded by Council Member
Klein to defer this discussion for future Policy and Services Committee meeting.
Council Member Holman suggested this return to Council rather than coming back to
Policy & Services.
Council Member Burt preferred closure on the matter.
Council Member Klein did not expect this to be on the agenda, but did not believe it
was a trivial matter since it puts an unnecessary burden on the Council.
Council Member Holman suggested, when this item returns at the next meeting that it
returns as a full redline version so they have the context.
SUBSTITUTE MOTION PASSED:4-0