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HomeMy WebLinkAbout2003-09-08 City CouncilCity of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 8 FROM:CITY MANAGER DEPARTMENT: City Manager’s Office DATE:September 8, 2003 CMR:389:03 SUBJECT:POLICY AND SERVICES COMMITTEE RECOMMENDATION ON CITY COUNCIL CONSENT CALENDAR PROCEDURES RECOMMENDATION The Policy and Services Committee recommends the City Council adopt and direct the City Attorney to incorporate into its City Council Procedure Guidelines the attached procedures for the Consent Calendar. BACKGROUND The Policy and Services Committee considered the proposed procedures for the Consent Calendar at its July 15 meeting. The italicized sections of the procedures reflect the Committee’s discussion and recormllended changes to the draft procedures prepared by staff. The Committee also asked that staff provide the Council with copies of the full Council Procedure Guidelines at the time that the Council considered this recommendation. DISCUSSION The Committee asked staff to clarify further the Category 2 item on designation of historic homes at the request of the owner, since "unusual policy implications" was uncomfo~ably vague. Staff was not able to fu~her clarify the language. However, because the current proposal allows a council member to pull an item off consent if a second is acquired, staff believes this will provide sufficient security for council members concerned about staff’s judgement of policy issues associated with the designation of historic homes. C!VIR 389:03 Page 1 of 2 PREPARED BY CITY MANAGER APPROVAL ~’~" ~ ana er Emi_~ ~rrison, Assistan City M g Frartk ~e~est, City M[mager Attachment 1: Revised Consent Calendar Procedures Attachment 2: Council Procedure Guidelines (including April 9, 2001 Addendum) Attachment 3: July 15 Memorandum CMR 389:03 Page 2 of 2 Consent Calendar ATTACI-SMENT 1 The consent calendar categories are: 1) legislative matters (ordinances or resolutions, the titles of which must be read), 2) administrative matters (e.g. contracts or approval of applications), 3) items recommended for referral to another City advisory body or officer and; 4) items recommended for consent by a Council standing committee. Category 1: LeNslative Matters Legislative matters appear on consent only in limited circumstances. These include: ¯Second reading (passage and adoption) of ordinances. ¯Resolutions which are ceremonial in nature. Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by Council majority when the direction was given. Policy direction is provided by the Council’s previous actions, hn the Adopted Budget (including the Capital Improvement Program and especially in the department key plans); and the Council Top 5 Priority Workplan, among other sources. ¯Budget amendment ordinances that accept funding such as grants or gifts, provided Council has previously approved the activity or program. Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. Category 2: Administrative Matters Administrative matters appear on consent in the following circumstances: When the action is merely the administrative execution of a previous Council direction. The Council direction and vote will be quoted in the staff report accompanying the item. ¯Contracts for which the subject or scope of work has been previously reviewed by the City Council. Contracts or a~"eements for goods, general services, professional services, public works projects, dark fiber licensing contT"acts or wholesale commodities purchases, as outlined in the Purchasing Ordinance, provided such contracts or agreements represent the customary and usual business of the department as included in the Adopted Budget. Examples include: park maintenance contracts, tennis court maintenance contracts, annual audit a~’eement; software and hardware support ag~’eements, janitorial services, routine building maintenance services such as plumbing or elevator services, copier agreements, or postage machine agreements. ¯ Rejection of bids. Designation. of heritage trees. ¯Designation of historic buildings at the request of the property owner if there are no unusual policy ramifications. Approval of funding applications, such as gants or loans, provided that Council has previously approved the general program or activity. Initiation of land use and zoning related matters, such as preliminary review or individual review, upon the unanimous recommendation of the Planning and Transportation Commission. Status reports required by law for .fee administration. ¯Cancellation of meetings or scheduling of special meetings. Category 3: Referrals to Council Standing Committee. Board. Commission or CAO 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 f’om making referrals to the standing committees. Staff uses such referrals in order to expedite the business of the fid! Council, since its agenda is so f~,!L Discussion of a complex issue at a Council committee provides an opportunity for public input and extended discussion by the members of the committee. The full Council is then able to benefit jS"om the minutes of that discussion when the item comes back to the Council for final 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. Category 4: Cot~ncil Committee. Board and Commission Recommendations The consent calendar may include any item approved by a Council committee by a majority vote, provided that the Council committee has approved placement on the consent calendar. The same would apply to recommendations from Council- appointed boards and comrnissions, provided that other public hearing requirements are not in effect. Statements of Opposition Council Members may record "no" votes on consent items, without comment, for the record. Council Members may also submit statements in writing before action is taken on the consent calendar. Council Members may also explain their "no" votes at the end of the Consent Calendar, with a 3 minute time limit. The City Clerk shall preserve such written statements and shall assure that the minutes of the medting make reference to the existence and location of such written statements. Remova! of Consent Items for Discussion The g~idelines for removal of a Consent Calendar item would be as follows: Removal requires a motion and second 2.Removal should generally be requested in writing no later than noon the day of the meeting. Removed items will be either heard the same night or agendized for 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. Public Comment If members of the public wish to speak to items on the Consent Calenda~5 the Mayor wil! have the option of allowing the testimony prior to adoption of the Consent Calendar, at the end of the meeting, or on a subsequent agenda, depending upon the number of speakers and the anticipated length of the items that have been officially scheduled for discussion on a particular evening. ATTACHMENT 2 City Councii Pro.ce-d u res A Handbook For Council Meetings Adopted by Council Resolution No, April g, 200.1 City Council 1-, jcedures Handbook 11. TABLE OF CONTENTS Public Partici ~ation in Council Meetings Policy (1) Purpose (2) Summary of Rules B. GeneralRequirements !..Access!bility 2. Presiding Officer’s Permission Required 3. Recording and Identification 4. Specific Requirements .and Time Limits a) Oral Communications b) Other Agenda Items (1) Spokesperson for a Group ¯..(2) Quasi-Judicial Hearings (3) Addressing the Council after a Motion c). Decorum Council Meeting and Agenda Guidelines A. Policy 1.. Purpose 2. Summary. Of Guidelines General Requirements -i. Regular.Meetings a) Attendance Required b) Items considered after 10:30 p.m. c) Agenda Order d) Unfinished and Continued Business e) Adding [’,Jew items to the Agenda 2. Special Meetings 3. Study Sessions. a) Time b) Oral Communications and Public Comments c) No Formal Rules d) No FinalAction I-1 I-1 1-1 1-1 ¯ I-1 I-1 I-2 1-2 ’1-2 I-2 I-3 I.-3 I-,3 I-3 1-4 11-! I1-1 I1-1 !1~1 11-2 11-2 !1-2 11-2 !I-2 11-5 11-5 11-6 11-6 11-6 11-6 11-6 11-6 010404 sd10052697 City Count,,-~rocedures Handbook 4. Closed Sessions a)b)c) d) e) f) Announcements before Closed Sessions Public Comments .. Attendance. PQblic Reports ., No. Minutes Confidentiality. 111. Motions, Debate & Voting Policy 1. Purpose 2..Summary of Rules Motions 1. Types of Motions 2. Procedure a) .Get the Floor b) State the Motion c) Second Required d) Motion Restated e) Lack of a Second f ) Discussion g) Secondary Motions h) Action 3..Precedence of Motions 4. Secondary Motions Defined a) Fix the time to which to adjourn b)c) d)e) f)g) h)i) J) Adjourn Take a recess Raise a question of persona! privilege Lay on the table Previous question Limit or emend debate Continue to acertain time Refer to a city agency, body, committee, board, commission or Officer Amend or Substitute 11-6 11-7 II-7 11-7 11-7 11-8 111-1 111-1 111-1 !11-I I11-1 111-1 111-I 111-I 111-1 111-1. ¯ 111-2 111-2 111-2 111-2 1!1-2 111-2 !!1-3 tli-3 lil-3 !li-3 010404 sdl 0052697 City.Council. h, ocedures Handbook Debate and Voting. 1. Presiding officer to State Motion 2. Presiding Officer May Debate and Vote 3. Division of Question 4. Withdrawal of-Motion . 5. Change of Vote 6: Voting 7. Silence Constitutes affirmative vote 8. Failure to Vote .9. Abstaining from Vote 10. 11. 12. 14. I5. Not participating Tie Votes Motion to Reconsider Appeal from the decision of the presiding officer Getting the floor; improper references to be avoided. Interruptions 111-6 111-6 111-6 111-6 111-6 111-6 111-6 111-6 111-6 111-6 111-7 111-7 111-7 111-7 I11-7 III-8 IV. Quasi-Judicial Hearings IV-1 Ao Policy I. Purpose General Requirements IV-~ 1. Quasi-Judicial Proceedings Defined IV-1 2. Restrictions on Council Communications Outside of Quasi- Judicial Nea~ings o 4. 5. 6. a) identification of Quasi-JUdicial Matters b) Council to ~ra6k Contacts c) Disclosure d) No Contacts after Hearings. Written Findings Required Rules of Evidence Burden of Proof ¯ Counci-1 Members who are Absent During Part of a Hearing Appeals IV-1 IV-I !V-2 iV-2 ~V-2 ~V-2 {Vo2 ~V-3. IV-3 !V-3 010404 sd! 0052697 City Counch, ,rocedures Handbook V. Standing Committees A. Policy 1. Pur.pose General Requirements 1. Quorum 2. Referrals 3. Function of Committees 4. Minutes .5... Report of Committee 6. Agenda .7. Public Participation 8. Conduct of Standing Committee Meetings 9. Oral Communications V-1 V-1 V-! V-t V-t V-1 V-2 V-2 V-2 V-2 V-2 010404 sdl 0052697 ]ntr.oduction & Contents This handbook describes the way the Palo Alto City Council does its business. It is intended to accomplish two goals. First, t~e 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. City Council l-, ocedures Handbook 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 ~ings like when to speak, time limits, and how groups of speakers are handled. Council Meeting & Agenda Guidelines ,This section explainsthe 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-Judiciali~earings ¯This section explains the specia! Way the Ci~ Council handles hearings that raise constitutional due process concerns. These are Usually hearings that seriously impact someone’s life, liberty orproperty. S~andi~g Commit-tees This section explai~ how the Cib’ Council’s ewo standing committees ’- Finance and PoIicy & Services - operate during ~e,a own separate meetings. if you have any questions about this handbook, pieasefee! free to contact the ci~yCierk by phone at (650) 329-257i and e-mail at city clerk@citv.palo-Mto.ca.us or the City Attorney by phone at (650) 329-217t and e:mai! at cit-v a~omev@city.palo-alto.ca.us. City Counc~,.rocedures Handbook Public Parti.cipation in Council Meetings A. Policy. R is thepolicy of the City Council to assure that members of the public have the oppor~mity to sp.cak to any regular or special meeting agenda item before ¯ fial action. -These rules establish the’ rights and obligations of pcrsrns who Msh to speak during City Council meetings. ¯ (t). Purpose. These rules arc intended m enhance public participation, and Council debate so that the best possible decisions can bc ¯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 re~sons, the. City Council takes these rules seriously. Disruptive or unruly behaviorin violation of the ldw can result in removal from the Council meeting and/or arrest and prosecution. (2) Summary of Rules.. Every regular City Council agendahas 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 jurisdlcfion, even if there, is no action listed on the agenda. The Council allows three ~ .minutes per speaker, btit 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. ~fhe second opportun~y to speak is during the public comment or public hearing portion of Each Agenda Item. Public co .mments 6r testimony must be related to the matter under consideration. The Council allows five 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 rebu~al at the end, Th~se hearings are specially marked on the Council agenda. A person who wantsto, speal¢ to the Council must fi!! out a sp.eaker card and hand it in to the City Clerk. The Clerk v~_l! giv.e the. cards to -’d~e Mayor or Vice Mayor so that.the speakers can be identified and organized in an orderly way. No General Requirements. 1. Accessil~ility. Palo Alto makes everyreasonable 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 010404 sd10052694 I-1 City Council ~.acedures Handbook ¯should contact: Fred Herman, ADA Director, City ofPalo Alto~ 650/329- 2495 (voice) or 650/328-1199 (TDD). 2. Presiding Officer’s Permission Required. The presiding officer at Cquncil meetings (usuatly the Ma.yo.r or Vice-Mayor) is Iegally required to ’°preserve strict order and decorum.’’~ .This is.important in order to assure a fair opporttmity for everyone to participate in a~ open and civi! setting. a) A~y person desiring to address the Council must first, get the permission of the presiding officer by completing aspeaker 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, shallbe permitted to enter into any discussion without the permission of the presiding officer. .. 3. RecOrding and Identification. Persons wishing to address the ~otmcil shall comply with’the following: a) Use the microphone provided for the public and speak in a rec0rdable tone, either personally or with.assistance, if necessary. b) State their name and address if presentb~g evidencein a hearing required by la~. c) Other speakers should state their name and address, but carmot be ¯ compelled to register their name or other irfformation as a condition to attendance at the.meeting. , 4, Speci~c Requirements and Time Limits. .a} 0~£ Communications. OrN communications sh~l! be Hmited to three minutes per speaker and win be limited to a tota! of ¯minutes for .a!!. speakers combined. (1) Orai communic.afions may be used oniy to address items that are -~thinthe Council’s subject matter jurisdiction, but not listed on the agenda: - 010404 sdl 0052694 City Count,./rocedures Handbook (2) Oral communications may no~ bc used to address matters where the receipt, of new information would threaten the. duc process rights of any person. (3) All remaxks shall be addressed to the Council as-a body and not to any individual member. (4) Co.ungil members sha~ not enter into debate or discussion with speakers during oral communications. ’(5) The presiding office~ may direct that the City Manager will respond to the person speaking and/or ~e Council at a later date, b) Other Agenda items. Public comments or te.stimony on agenda items other thma 0ral Communications shall be limited to a maximum of five minutes per speaker unless additional time is granted by the presiding officer. The presiding officer may reduce the allowed time to less than five minutes if necessary to accommodate a larger number of speakers. (1)-Spokesperson for a. Group. When any group of people wishesto ad&ess the Council on the game subject matt.er, the presiding officer will request that a spokesperson.be chosen b) the group to address the Council. Spokespersons who are representing a group of five or more people who are present in the Council chambers wilt be allowed ten minutes and will to the extent practical be called upon atiead of individual speakers. (2) Quas!-Judicial Hearings. In the case of a q-ua~i-judicial ¯ hearing, applicants and appellants shall be given ten ra~_utes for their opening Presentation and three minutes for.rebuttal before the hearing is closed. Ln the event a request is made and the need for additional time is c!early established, the presiding officer shail 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 ~e Council after a Motion. Following the ~,time for public input’and once the matter is returned to the Coronet no person shal! address the Council without first !-3 010404 sd10052694 City Council I-, ocedutes Handbook 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 unla~fful for any person ts: .. .. (1) Disrupt the conduct of a meet.ing; (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 pmticip.aiion in or observation of .City Council Meetings. Any Council Member may appeal the presiding Officer’s decision on a decorum violation to the f~ Council.. Decorum violations are punishab.l.e as a misdemeanor and may lead tO a person being removed i~om the Council meeting." 010404 sd10052694 City Counc,.. ~roCedures Handbook Council Meeting & Agenda Guidelines A. Policy. It is the polic~ of the Council to establish andfollow a regui~rfo~zmat 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 ofmeeting 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 geneially ~onducts 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 ?:00 p.m. Regalar meeting agendas must be posted outside at the Downtown Library. no later than ?:00 p.m. on the preceding Friday, bitt it is City policy to make every effort to complete and distribute the agenda and related reports by the precedi~, g Thursday. Special meetings are "special" because the mayor or Council can call them on a minimum of 24 hours notice. Specialme,tings need not be held at City Halt, as long as the alternate location is within the City. The Council makes every effort to provide notice well in advance of 24 hours, gspecially when the special meeting is for the purpose of conducting a Study Session. " Study Sessio~zs ar_e.meetings during which the 0uncfl receives inlformati0n about City business ~ an informal setting. The informai study session setting is ihtended to encourage in-depth presentations by City staff, and detailed questioning and brainstorming by Council. The Council may discuss the material fzeely fol!owing 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 ~gu!ar study sessions, public comments are received together with oral communications at the end of the session. During special study sessions, public commen~s -will be heard at. the end of .any. Council discussion, but oral communications wi!! 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 Counc~ and public. 0!0404s~ 0052694 ¯ City Council ~-, ocedures Handbook Closed SesMons can be part of reg~llar or specia! meetings. Closed sessions are the only kind of Council meeting that the public calmot attend. Stkte law a!lows closed sessions to discuss pending litigation, employment issues., real estate negotiations and Certain other matters.- Members of the public are peimittcd to make public comments on closed session.matters] The Cmmcfl must make a public report after the scssio~I when bcrtain kinds of actions a~e taken. These ar~ guidelines, not rules. The Council intends that City staff and Council Members wild follow these guidelines. However, these gaidelifl, es should not be used in a way that leads to inefficiency, utffairness, or the promotion of form over substance. State law establishes a.variety of mandatory m.~eting rules the City must follow in order to assure open and public government, regardless Of unusual situations and.consequences.. B. Genera! Requirements. !. Regular meetings. a) Attendance Required, Council Members, the City Clerk, City Attorney, and .City Manager, along with any other, city ofricers 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 e~tablished Council vacation,m The Council expects its members to attend regu!axly and notify the City Cl~rk of any planned absences. The Council may levy fines of up to $250.00 against Council members who wq.llfiflly or negligently fail to attend meetings,iv b) items considered after I0:30 p.m, The City C6uncfl makes every effort to end its meetings before 1!:00 p.m. The Council also generally does not take. up. new matters after 10:30 p.m. Before !0:00 p.m. the. Counci! Will decide and announce whether it wqll beginconsideration of any.,agCnda iter~ after 10:30 a~d, if so, which specific items w-~ be taken up. c) Agenda Order.. City Counci! agendas will be prepared by the City Clerk and presented to the City Council in the order described below, it is the Co.uncfl’s policy to hear the major, items of business f~st at each’meeting, to the extent possible. The City Manager, with prior approva! of the. Mayor, is authorized to- designate upon the agenda of the Cguncfl, and the City Clerk shal! publish in the agenda digest, items that shall be taken up first o~ at a specific time during 010404s~ 0052694 City Counc,...rocedures Handbook the course Of the meeting,v The City Council may take matters out of order upon approval.by a majority vote of those present: (1) Roll cslI; (2) Special orders of the day; (3) Oral communications, including oral Communications. related to any study session that began immediately before the regular meeting; (4) ~onsent calend~r. Items may be pla~ed upon the consent calendar by any council-appointed, officer whenever, in such officer’s judgment~ such items are expected to be.. routinely -approved Without discussion or debate. The consent calendar shall be voted upon as one item. No discussion or debate shall be permitted upon items upon the consent calendar; however, any Council Member may request that .their vote be recorded as a no or not participating due to a specified . Conflict of interest on any individual iteml (a) Removal of items. Any Council Member may . request that an item be removed from the consent calendar. The Mayor will decide, when during the meeting the items will be heard. Items. that are removed may be considered immediately aft&r the remainder of the consent calendar has been voted upon, unless there-are numerous speakers, in-which case the item Can be considered at the end .of the agenda, item in which it .wruld have otherwise appeared, or otherwise rescheduled, (b) Consent calendar, categories, l-he consent calendar shall be presentedin four. categories in the. fol!owing order: (i) Ordinances. and reso!utions, The Mayor shall read the titles of eacti ordinance and resoIution bez%re’Counci! action. The Counci! may by majority yore request that the ordinance be read in fal!.~ 010404 sd10052694 City CoQncil ~ ,ocedures HandbOok " (ii) Administrative matters including contracts, appointmentS, approval .of applications, and any other matter. The titles of administrative matters need not be read. (iiii Items recommended for referral to any city agency, body, committee, board, commission or officer. (iv) Approval 6f Council Minutes. (v) Items recommended for consent by a Counci! Commitiee. (5) Agen~ta changes,.additions, and deletions; (6) ’Unfinished business; (7)Public hearings; Reports of con’~..ttees/commissions; Ordinances and Resolutions; - (10) . Reports of officials; (1 !) Council matters; (12) " Counci! . member. Questions, Comments and Announcements:. The purpose ofthi~ agenda item is to allow Council to questi6n .staff. briefly on matters upon which Counci! 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 v~l_l not be given nor v/di major policy issues be discussed or considered. To theextent possible, Council wilt confer with staff before raisin, g matters under this agenda item. This agenda item will. general_ly be ilimited to 15 minutes in !~ngth and the public may not speak to matters discussed. (!3) Closed Sessions. R-4 010404sdI~052694 City Count,., ’rocedures Handbook (14) Special closed sessions will be scheduled before or .after r.cgular or special Council meetings, to the cxt~nt possible and appropriate. Closed sessions may bc scheduled during a rcgul~ or special Council meeting, but this is disco~aged by. Council. (15). Adjournment d) Unfmished and Continued Busincssl When the Council is unable to complete its agenda the rcmaiing 5usincss will generally .be rcschcdu!ed as follows. Nothing in this section shal! be deemed to supersede or conflict with state law, (1) Meeting adjourned sine die. ,When a r~gnlar meeting is adjourned sine die (withgut a day), all unfmished items will be listed under unfinished business on the next regular Council meeting agenda; except, that where d~emed necessary, the City Clerk, with the. City Manager’s iconcurrence, may place those.business items in a different order on the agenda. (2) Mee..ting .adjourned to date certain. When.. a regular meeting is adjourned to another regular m~efing night, a!l unfinished items will be listed in their origina! order after rol! call on the.agenda of such designated regular meeting. (3) Continued items, -When an item on the agenda is continued to a subsequent megting,, such item wil! be listed under Unfinished business on such agenda unless the Council by majoriW vote chooses ~to place such item. in a different !ocafion on such agenda or unless the City Clerk,.,Mth the City Manager’s concurrence£ deems it necessary to place such item at a different !ocation on such agenda. e) Adding New items to the Agenda. No matters other than those on the agenda sha!! be finally acted upon bythe Councflo However, emergency actions (as defined in Government Code section 54956.5)and matters upon which there is a lawful ~eed to take immediate action (as defined in Government Code section 54954.2) may, with the. consent of two-thirds, or all. members .present ~ less than thirds are present, be considered and acted upon by the Council. 010404 sd10052694 City Council ~-, ocedures Handbook 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 reg-ular meeting.TM Unlike regnlar meetings, there are no circumstances that permit the City Council to add new items to a speci~ 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.sttidy sessions will be held as needed. b) Ora! Communications and Public Comments. Oral c.omm .unications 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 b~ains.torming by Council.. The Council maydiscuss the material freely without followh~g formal rules of parliamentary .procedure. ¯ However; the general rules of decorum apply. d) No Final Action. St .aff may be directed to bring matters back for Council consideration.at future meetings, but no final action can be taken. 4.Closed Sessions. Closed sessions are the only ldnd of Council meeting ~hat *_he public cannot observe. State law al!ows c!osed sessions to discuss pending litigadSn, employment issues, real estate negotiations and certain other matters. To the greatest extent possible, the City Attorney and Ci~ Cleric sha!l use standardized .agenda descript$.’ons that are consistent with Government Code section 54954.5. a) Announcements before Closed Sessions. The m~yor shall announce the item or items to be considered in closed session by referenc,e to the appropriate ~genda nmnber or letter, br in an alternate form that shall be provided.by theCity A~orney. 010404s~ 0052694 City Counc,, ?rocedures Handbook b) -Public Comments. Members of the public are permitted [Ol 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 dm4mg oral communicado~ or by the Council. .C) A~tendance. The Ci.t7 Manager.and City Attorney,. or .their designees, shall attend closed sessionsunless it is necessary to excuse them. Only such additional s~xff shall attend as are necessary and then oM.y if the legal privileges of confidentiality obtained in an executive session are not waived. d) Public Reports: State Law and a Palo Alt0 initiative require the . Council to make a .public r.e.port after a closed Session when certain ldnds of actions are taken.TM Reports from clos&d sessions shalI be made by the Mayor, the Vice Mayor in the May.or’s absence, or such other City representative as desig-nated by the Cofincil or its committees. Such designated .person is the only individual authorized to m~e public statements concerning the closed session. It is the po.licy of the City Council to inform the public of action taken in closed session to the greatest extent possiblel 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 p~iblic empIoyee and the roll cal! vote thereon at its next public meeting, (b) actions related to litigation .and the. ro.ll call vote on such adtions, unless the report wouldl 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 negotiati6n, mediationor other form of settlement. Notwithstanding the City Attorney’s written, opinion, the Council may under any circumstance, by majorityvote, determinethat it is. in the City’s best interests to disclose: actions taken in closed session related to litigation. The public report shaZI be given as ¯ soon as possible, "but nolater thanthe next regular meeting, and shal! include the vote or abstention of every member present. The City Attorney’s written ¯ opinion sh~ be made public, along with any action t~en and any vote thereon, as soon as any litigation is concluded. The City Attorney sha!i record any action and vote upon such forms as the City Attorney may deem desirable. e) No Minutes. No min.u.tes of closed sessions shal! be kept. The City Attorney shal! record the information necessary to comply a~th state law and the Palo Alto initiative’. ,010404 sdl 0052694 City Council ~. ocedures Handbook f) Confidentiality. No person in attendance at a closed session may disc!ose the substance or effect of any matter discussed during the session.~ "00®" 010404 sdl 0052694 ¯ iI-8 CityCounch r’rocedures Handbook Iil.Motions, Debate &Voting A. Policy. It is the policy of the Council to follow simplified ru!es of parliamentary procedure-for motions, debate and voting. These rules focus on.the types ofmotions 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 s~rategic advantage or unjust results. 2, Summary of Rules.. Paio Alto does not follow Roberts Rules of Order, See the Summary Table below. B. Motions. A motion is a formal proposalby a Council Member asking that the Council take a specified.act.ion. A motion mdst receive a second before the Council can consider a matter. Matters returning to the Council witt~ unanimous approval from a standing committe~ ~o~ill be introduced without a motion ifdirected by the committee. 1.Types of motions. There are two kinds of motions~ These are the "main" motion and any secondary motions. Only one man motion can bc considered at a time. 2. Procedure. a) Get the Floor. A Council Member.must receive the permission of the Mayor (or other prdsiding 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 (inc!u ~ding the presiding officer) who supports the proposal (or who simpIy wishes .it to be considered) may "second" the motion without, first being recognized. A motion to raise, a question of per,sonal pri~&lege does not require a second. d) Motion Restated. The Mayor should restate the motidn for the record, particularly ".flit is long or Complex. !H-! 010404.sd10052694 City Council t-,ocedures Han~tbook. e) Lack of a Second. If-there ~s no second stat.ed immediately, th~ .Mayor ;hould.ask whether there, is a second. If no Council Member seconds the motion the matter wiil 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 wilt speak only once with respect to a motion. If the Mayor or Council permits arty. Council Member to speak.more than once on a motion, al! Council Members shall receive the same privilege. g) - Secondary Motion}. Secondary motions may be made by a Council.Member upon getting the floor. h). Action. After discussion is complete the Council w~ vote on the motion under consideration. 3, Precedence of Motions. When a motion is before the Council, no new main motion sha!l be entertained. Tlae Council r~cognizes the following secondary, motions which may be considered while a main motion is pending..These motions shall have precedence in the order li~ted below. This means .that a secondary motion that is hi~er on the list wi!l 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 questionofpfivilege; e) Lay on the table; ’ " ¯ f) Previous question (close debate);g).. Limit Or extend limits of debate; h) Motion-to continue to a certain tim_e; i) Refer to committee; j) Amend or ~ubstitute; 4..Secondary Motions Defined. The puxpose of the a~owed secondary motions is summarized in the fo!lowing tgxt and table. a) Fix the time to which to adjourn. TNs motion sets a *~me fdr COntinuation of the meeting~ It requires a second, is amenddb!e and is debatable only as to the time to which the meeting is adjourned. 010404 sd| 0052694 !Iio2 ¯ City Count,.-rocedures Handbook b) Adjourm This motion ends the ~eeting or adjourns it to another time. It requires a second and is not debatable except,to set the time to which the m.ccting is adjourned, if applicable.. A motion to adjoum shai1 be in order at any.time, except as follows: (a) when repeatedwithout intervening busines, s or discussion; (’b) when made. as an interruption of a member while spc ,akin.g; (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 tcmpormily, tt is amendable, bu~ is not debatable. d) Raise a questidn of personal privilege. This motion al~0ws a Council Member to address the Council on a question of personal privf!.ege, and shall be limited to cases in which the Council Member’s integrity,ch~acter or motives arc questioned, or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if ~e presiding oflScer r~cognizes 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. !f the motion prevails, and the subject is tabled, the matter mustbe reagendized in the furore if fm~er consideration is to be given to the matter. f) Previous question. This motion "calls the question" by closing debate on the pending motion~ A motion for previous question requires a sec0nd,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. K motion for previous question faiis, debate is reopened; if motion for previous question passes, then vote on the pending motion. A mo~on 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 Council or any Counci! Member to .debate a motion, it r~quires a second, is amendable and is not debatable. The motion requires a two-thirds vote of those Council Members-present and voting. ... 0!0404sd10052694 City Council ~, ocedures Handbook h) Continue to ~ certain time. This motion continues a maiter to another, Specified time. It requires a second, is amendable and is debatable as.to-propriety of postponement and time Jet.. 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 deba~ed. It requires a second, is amendable, and is debatable only as to the propriety of refening. The Substanceof the subject being .referred shall not be discussed at the -time the motion to refer is made. j) A_mend 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 modify~, g amotion 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. 010404 sdl 0052694 00 r- 0 X X o O~OE X E g .~- N City Council t-,,~cedures.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 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 rifles imposed on all Council Members. The presiding officer shall not be deprived of any of the !ights 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. WithdrawN. 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 ne~ item on the agenda is called. 6. Voting. Onthe passage of every motion, the vote shall be taken byvoice or roll call or electronic voting device and entered in full upon the record. 7. Silence congtitutes affirmative vote. Council Membe.rs who are silent during a voice vote shall have their vote recorded as an affirmative vote~ except when individua!. Council Members have stated in advance that they ¯ ~vill not¯be.voting.. o. Failure to vo~e. !t is respons of every Council Membe~ to vote -tmless disqualified for cause accepted by the Council or by opinion of the City Attorney. No Counci! Member can be c0mpelled to vote. 9. Abstaining from vote. The abstainer chooses not to vote and, in effect, "consents" that a majority of the quorum of the Counci! Members present may act z%r ~ or her. 010404 sd1005269.4 City Council ,-rocedures Handbook 10. Not participating. A Council Member who disqualifies .him.or herself pursuant to the Political Reform Act of I974. because of any financial intereit shall disclose the nature of the conflict and may not participate in the discussion or the vo~e. A C~unoil Member may otherwise disquaIify 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 Qf 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 subsequentmeeting. 12. Motion to reconsider. A motion to reconsider any action taken by the Counc.il 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 Councii Member. A motion to reconsider may be made at any time and shall have precedence over all other mQtions, 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 fo~ review, if a motion to reconsider fails, it may not itself be reconsidered. ReconSideration may not be moved mo~e than once on the same motion. Nothing herein sh..~l be construed to prevent any Council Member .from making a motion to rescind such actidn at a subsequ.ent meeting of the Council. 13."Appeal from the decision of presiding offlce~. When the rules are silent, the.pres.iding officer shall decide all questions of order, subject to appeal by a Council Member. When in ddubt, the presiding officer may submit the question to the Counci!, in which case a majority vote shail prevail. Any decision or _ ~nfling of the presiding officer may b~ appealed by request of any member. !~e presiding officer sha!! call for a roll call or elec~onic vothn_g device vote to determine if the presiding 0f~cer’s ruling shall be upheld, if said vote passes or results in a tie vote, thhe ¯presiding officer’s _ruling shali stand, if said vote faiis, the decision or ruling of the presiding o~cer is reversed. !4. Getting the floor; improper fez%fences to be avoided. Every Council Member desJaing to speak shall address the chair and, upon recognition by the presiding officer, every Council Member shall be confined to the iIIo7 ¯’.. 010404 sdl 0052694 City Council ~-,ocedures Handbook question under debate,-avoiding all indecorous langamge and persona! attacks. 15.. Inten’uptions. Except for being called-to order, a Council Member once recognized, shall not 5e interrupted when speaking, except as othevise provided, for in these rules. A Council. Member called to order while speakig shall cease s!zealdug unti! the question .or order is determined, and, if in order, said Council Member shall be pemaitted to proceed. 010404 sd! 0052694 CityCounc~,. rocedures Handbook !V.Quasi-Judicial Hearings A. Policy. It is the policy of the Council to assure that the due process rights .of a!1 pcrsons ar~ pr6tcctcd-du~ing City hearings. A ’~quasi-judicial" hcming is a.hcaring. ¯ that requires a.highcr level of procedural due process bccaime of the potential impact on life, liberty or. proper~y. Usually, quasi-judicial he.arings involve a single parcel of land and apply f~cts and evidence in the context of cxisti~, g law. Findings must be stated to explain the cvidentiary 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 partiesl General Requirements. I. iuasi-Zudicial Proceedings Defined.. Quasi-judicial’ proceedings subject to these proccd~al roles include hearings involving the following matters: c) d) ¯ e) h) J) Conditional Use Permits Variances . , Hqme Improvement Exceptions Design Enhancement Exceptions Subdivisions, other than final map approvals Architectural Review Assessment protest hearing~ Other fnatters as determined bythe City Attorney .Appeals related to any of the above Environmental Review relating.to any gfthe above Restrictions. on Council Communications Outside .of Quasi-Judicial Hem-ings. It is the policy of the Counci! to discourage the g~theringand submissfon of information outside of any required.hearing when such ¯ informatidn ~ impair the Counci!’s impartiality on a quasi-judicial decision. The following procedural guidelines are.intended to impiement ¯ this policy, but shali not be construed to create any remedy or. rig_ht of ~ction. a) Identification of Quasi-Judicial. Matters. The City Attorney, in conjunction ~vith the City Clerk rand City Manager, will identify agenda items involving quasi-judicial decisions on both the tentative and regular Council agendas. This identification is intended to 010404 sdl 0052694 CityCouncil. ~, ocedures Handbook inform th~ Council, interested parties, and the public that this policy will apply to the item. b) Council to Track Contacts. Council M~mbers will use their best efforts to track contacts pertainflig to such identified quasi-judicial decision items. Contacts include conversations, meethags,.sitevisit.s, mailings, or .presentations during which substantial factual information about the item is gathered by or submittcd~o 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 opirii’on~ 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 wilt not be deemed sufficient basis for a request to continue the. item. A contact or thedisclosure of a contact shall not be deemed .grounds for disqualification of a Council Member from participation in a quasi:judicial decision unless theCouncil 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 iteml d) No Contactsafter Hearings. Following closure of the heating, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying: qqestions directed.to City staff. 3. -Written Findings Required. On any matter for which state law or City ordinance requires the preparation of written- find~gs, the staff report and other materials submitted on -’&e matter wfl! contain findings proposed adoption by the Council. Any motion directly or implied!y rejecting the proposed findings must include a statement-of alternative or modified findings, or a di-ecfion that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed fin ~dings consistent wm the evidence which has been presented and the decision whicti is anticipated. 4. Rules of Evidence. Council hearings need not be conducted according to formal ~-~es of evidence. Any relevant evidence may be considered iX it is the son 6f e~ddence upon which responsible, persons rely in the conduct of 010404 sd10052694 CityCounci~, rocedures Handbook serious affairs. The presiding officer may exclude irrelevant or’ redundant testimony and may make suchother rulings as .may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and fall consideration of the issues invoived. Evidenfiary objecti.ons shall be deemed waived unless made in a timely fashion before the Council. 5. Burden of Proo£ ’T lie applicant and appellant sh£Ll bear the burden of proof on .alt aspects of th~ 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 DtnJng Part of a Hearing: A Council Member who is absent from any portion of a hearing conducted by the Counci! may vote on the matter provided that he or she has watched or listened to a video or radio b~oadcast, or. video or audio r~cording, 0fthe 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 forthe record before voting that the Council Member deems himself or Herself to be as familiar with the recordand with the evidence presented at the hearing as he or she would have been had he or she pe..rsonally attended the entirehearing.... 7.. Appeals.. Appeals to the Council"shall be conducted de novo, meaning that new evidence and arguments may be~ presented, and considered. Al! matters in the. record before any other City board, commission or 0fficial shall be part of the record before the.C0uncil. 010404 sd10052694 City Council t-, ocedures Handbook 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. !. Purpose. These’rules are.intendedto enhance public participation and committee, meetNgs so that the best l~ossible 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. Refer)als. Only the Council or .City Manager shall make referrals to the standing committee.s. 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 c.o.nsent of a majority of the Council, andsubject to any applicable noticihg 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 isto provide fbr. more thorough and detailed discussion and s{ndy of prospective or current Council agenda items with a ful! and complete aMng of a!l sentiments and expressions of opinion on city problems by both the Council and the public, to the end that Council action wil! be expedited. Ac;io_ns of the committee sha!l be advisory recommendations only. 4. Ivrinutesl The City Clerk shall be responsibie for the preparation and distribution to the Counc~ of the minutes of standing, committee meetings. The minutes need not be verbatim but shall reflect the sense oft,he discussion and any recbmmendation made V, dth respectto eachsubject considered iv/ c0rn_m_ittee. The.minutes shall be delivered to a!!!l Council Members before V-! 010404 sN 0052694 City Cound~,rocedures Handbook the Council meeting at which the committee’s recommendatibns are to be discussed. 5. Report of committee. The minutes of each committee meeti~.g shall ¯ serve as the report to the Council. Any member may.write a separate report. 6. Agenda. Thechairperson of each standi~, g committee sha!l prepare the agenda for committee mee.tings, the sequence ofstudy 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 bythe presiding officer. 8. Conduct of s.tanding committee meetings. The chairperson of each committee may conduct meetings with as much knformalitT, as is consistent with Council procedural rules, which shall also be in effect during committee meetings. The views of interested private citizens may be !~eard 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 Counci! meetings. i Paio Alto Municipai Code, ~ 2.04.080(b). i± Palo Alto Municipal Code, ~ 2.04..!20(c); i~± Palo Alto Municipa!.Code,.~ 2.04.0i0(b) o iv PaloAlto Municipal Code, N 2.04.050(a), v Pa!o Alto Municipa! Code, ~ 2.04.070(c) vi Pa!o Alto Municipal Code, § 2o04.260(b) vii Za!o Alto Municipa! Code, ~ 2.04.020. v~ Palo Alto Municipal Code, ix Pa!o Alto M~nicipa! Code, @ 2.04°040° 2o04.!50(b) 010404 sd10052694 City Council Procedure Guidelines April 9, 2001 These guidelines represent the product of the City Council’s procedural streamlining discussion with the City Manager, City Clerk and City Attorney. These guidelines are intended to be statements of mutual understanding, rather than rules or mandatory statements of direction. These guidelines are a supplement to the City Council’s Organization and Procedure ordinances codified in Palo Alto Municipal Code Chapter 2.04 and the Council Procedures Handbook adopted by resolution. In general, the City Council and its staff will use the following guidelin,es for Council business: Except in unusual circumstances, study sessions will not be scheduled at 6 p.m. prior to Council meetings. Schedule legislators’ meetings during the day rather than before Council meeting, preferably at beginning of day or late afternoon. Limit ceremonial proclamations, pfesentations and specia! orders in order to move expeditiously into Council business. Commit to defer to the discussions and recommendations of Council committees whenever possible so that discussions are not fully .rehashed. This will reinforce to various interest groups that the Council committees provide the opportunityto more fully discuss their views. MayOr will exercise judgment in where to place pulled Consent items, if a number of speakers want to address item, it will be put at end of agenda or rescheduled. Council will continue to commit to taking all public closing the hearing and then not reopening the hearing. hearing is closed, only address questions to staff. testimony,. After the Staff will work with~ boards and commissions to carry. recommendations that do not involve major policy changes. Items Will be referred to only one Council standing committee., out 010405sdl 0052696 If a Council Member wants a-consent item pulled to comment or cast a "no" vote, he or she will’ consider submitting written comments to City Clerk to be noted ifl-minutes’, however, Council Members have the option of speaking to the item. Discussion and. amendments of ordinances should occur, at first reading, council members may make short comments without pulling an item. The existing practice permitting Council committee review of the scope of work of contracts will be changed to allow review of contracts over $65,000 rather than $25,000. Regularly schedule third (and, when necessary, fourth) MQndays. for more focused policy dialogue (2 to 3 regular business meetings and one .policy discussion) Use Committee of the Whole structure to facilitate constructive discussion of issues requiring more in-depth consideration prior to Council policy direction. Explore the use of other venueswhich are-conducive to more informal meetings (Mitchell Park,-Cubberley, Art Center, Lucie Stern); could also be business districts. The ideais to be at the place where issues are relevant. For significant-issues, such as infrastructure, explore use of smaller, interactive meetings to engage citizens; also, use of MPAC for interview/call-in formats to the extent legally and technically possible. 010405 sd[ 0052696 ATTACHMENT 3 MEMORANDUM TO: HONORABLE CITY COUNCIL ATTENTION: POLICY AND SERVICES COMMITTEE FROM: Ariel Calonne, City Attorney Sharon Erickson, City Auditor Donna Rogers, City Clerk Emily Harrison, Assistant City Manager SUBJECT:PROTOCOLS FOR COUNCIL MEETING CONSENT CALENDAR DATE: July 15, 2003 BACKGROUND On February 18, 2003, the Mayor asked the Policy and Services Committee to discuss the possibility of protocols for what could be placed on the consent calendar. The Council’s existing rules provide that any Council Appointed Officer (CAO) may place items upon the consent calendar "whenever, in such officer’s judgment, such items are expected to be routinely approved without discussion or debate .... " (The entire consent calendar section of the Council’s procedural guidelines is attached). There has been an increasingly higher level of scrutiny about matters placed on consent. Concern has been expressed about whether the consent calendar placement is intended to limit public debate, avoid hard policy choices, or "slip something past" the Council and public. The purpose of the consent calendar is to expeditiously handle routine business, so that the bulk of the time at a Council meetin~ can be devoted to the maior r~olicv DISCUSSION We would suggest that the Policy & Services Committee begin the process of developing Council consensus on three subjects: 1) the contents of the consent calendar; 2) the circumstances under which items may be removed from the consent calendar; and 3) what happens to items that are removed. The recommendations are a starting point only. As stated above, the key is developing Council consensus about what items should be treated as consent calendar matters. Consent Calendar Contents The consent calendar categories currently in effect are: I) legislative matters (ordinances or resolutions the titles of which must be read), 2) administrative matters (like contracts or approval of applications), 3) items recommended for referral to another city agency and; 4) items recommended for consent by a Council standing committee. Category 1: Legislative Matters We would recommend that legislative matters appear on consent only in limited circumstances. These would include: ¯Second reading (passage and adoption) of ordinances. ¯Resolutions that are ceremonial in nature. Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by Council when the direction was given. Policy direction is provided by the Council’s previous actions, in the Budget (including the Capital Improvement Program and especially in the department key plans); and the Council Top 5 Priority Workplan, among other sources. Budget amendment ordinances that accept funding such as grants or gifts, provided Council has previously approved the activity or program. When the action is merely the administrative execution of a previous Council direction or Council standing committee direction. The reviewed by the Council or a standing committee. Council direction and vote will be quoted in the staff report accompanying the item. When the action is merely the administrative execution of a Council standing committee direction, provided that the action is recommended and supported by the city manager or other CAO as well as the standing committee. ¯Contracts for which the subject or scope of work has been previously ¯Rejection of bids. ¯Designation of heritage trees. ¯Designation of historic buildings at the request of the property owner if there are no unusual policy ramifications. ¯Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity. ¯Contracts or agreements implementing routine departmental matters that are part of a department’ s approved budget. Initiation of land use and zoning related matters, such as preliminary review or individual review, upon the unanimous recommendation of the Planning and Transportation Commission. ¯Status reports required by law for fee administration. ¯Cancellation of meetings or scheduling of special meetings. Category 3: Referrals to Council Standing Committee, Board, Commission or CA O We would recommend that the consent calendar include any item approved by a Council committee by a unanimous vote and any item that the Council committee has approved for placement on the consent calendar. The same would apply to recommendations from Council-appointed boards and commissions, provided that other public hearing requirements are not in effect. Statements of Opposition Council Members may record "no" votes on consent items, without comment, for the record. Council Members may also submit comments or statements in writing before action is taken on the consent calendar. Council Members may also explain their "no" votes during Council Comments at the end of the meeting. The City Clerk shall preserve any such comments or statements and shall assure that the minutes of the meeting make reference to the existence and location of such statements. Removal of Consent Items for Discussion We would recommend that Council establish clear guidelines governing when consent calendar items could be pulled from the consent calendar. Removal should not be based upon the desire to record comments or statements of opposition (see above). The guidelines for removal would be as follows: Removal requires a motion, second and four votes of the Council (or a majority of those present and voting, if 7 or fewer Council Members are present and able to participate). 2.Removal should generally be requested in writing no later than noon the day of the meeting. 3.Removed items will be heard at the end of the agenda unless Council Members or key staff members are absent or unavailable.