HomeMy WebLinkAboutStaff Report 2304-1287CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, April 24, 2023
Council Chambers & Hybrid
5:00 PM
Agenda Item
6.Review and Adoption of the Council Procedures and Protocols Handbook – Including
Changes Directed by Council on January 30 and March 20, 2023
City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: April 24, 2023
Report #:2304-1287
TITLE
Review and Adoption of the Council Procedures and Protocols Handbook – Including Changes
Directed by Council on January 30 and March 20, 2023
RECOMMENDATION
Staff recommends review and final adoption of updated the City Council Procedures and
Protocols Handbook (Attachment A).
BACKGROUND
The full background on this item is available in the January 30, 20231 staff report related to the
City Council direction to staff in June 2021 to revise the City Council Procedures and Protocols
Handbook (“the Handbook”). This included reorganizing the Handbook for clarity and ease of
use and to update the Handbook to conform with law and current City Council practice. The
attached drafts reflect reorganization, updates to conform with law and practice, and policy
changes to the Handbook that reflect the City Council approved tentative agreements for the
Handbook on January 30, 2023 and March 20, 2023.
ANALYSIS
Note: Staff has re-numbered much of the existing Handbook as the numbering conventions
were no longer relevant when the Handbook was reorganized. The descriptions below reflect
the numbering conventions in the attached draft Handbook and not previous versions.
1 January 30, 2023 Meeting Agenda and related items:
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1121 (The Handbook Discussion was
Item 4; Report and Action and Summary Minutes are available through the link here).
Staff would like to call out a few specific areas to briefly review with the City Council at the April
24 meeting:
1. Procedures Section 2.3b(2)C: General Procedures for Appearing Remotely. On further
review, staff determined that AB 2449 was not intended to refer to a lost connection for
a remotely participating Council member. It was intended to refer to the need to stop
the meeting if the meeting broadcast to the public is interrupted or if the City could no
longer take public comment from remote participants due to a technological issue. The
language has been updated accordingly. A similar change was also made in Section
2.3b(5)D.
2. Procedures Section 3.1: Call to Order. Staff added new text here to reflect an option for
recognizing dates of special recognition, consistent with a concurrent referral on that
topic.
3. Procedures Section 3.4: Special Orders of the Day. Staff added new text here to
summarize options for recognizing people, organizations, or dates of special recognition.
4. Procedures Section 3.9b(9): Cancellation of meetings or scheduling of special meeting.
Staff proposes deletion of this text as current practice does not require for these items
to be included on Consent but rather done administratively in consultation with the
Mayor.
5. Protocols Section 1.6d: Be Cautious in Representing City Positions on Issues. Staff added
new text based on the March 20 Council motion to further clarify Council member roles
on regional bodies. Council should look at the language staff drafted and see if it
matches Council intent.
City Council worked through the entire Handbook (both Procedures and Protocols) during the
two meeting dates listed above. During those two discussions, the City Council made several
referrals to the Policy and Services Committee. If any of these referrals are not yet included on
the Policy and Services workplan, they will be added. Those referrals include:
1. Procedures Section 1.1: Annual Organization of City Council
2. Procedures Section 5.1a(4): Video Participation for Public Comment. As an alternative,
staff included text in the revised Handbook to simply note that if feasible this will be
implemented. If Council is not satisfied with this clause, this text can be deleted and the
item fully evaluated at committee.
3. Procedures Section 8.2: Censure language was referred to committee for further
development.
4. Protocols Section 2.2: Refrain from Lobbying Board and Commission Members.
5. Protocols Section 2.8: The Role of Council Liaison to Boards or Commissions. Council
recommended involving the Board/Commission Chairs in this process.
6. Protocols Section 4: International Travel
7. Protocols Section 4.1: Miscellaneous Expenditures. Council referral for the committee to
discuss the establishment of appropriate parameters for Council discretionary
expenditures and whether to allocate $2,000 annually from the Council contingency
fund for each Council member to decide its purpose.
City Council also asked staff to draft language in response to the intent of some City Council actions at
the January and March discussions. Staff drafted the language included as tracked changes in
the redlined Handbook document and also summarized here In Attachment A.
Lastly, in going through the document to further clean it up in this proposed final version, staff
also made a few other changes which are in tracked changes in the document and summarized
in Attachment A as well.
The ”redlined” version of the Handbook is Attachment B and the "clean” version of the
Handbook is Attachment C.
FISCAL/RESOURCE IMPACT
No further funding is needed for this City Council action. Upon adoption, staff and the copy
editor will review the document once more to ensure all formatting and typos, Table of
Contents, etc. are addressed throughout the Handbook.
STAKEHOLDER ENGAGEMENT
Staff has engaged the City Council throughout this process including discussions at the Policy
and Services Committee.
ENVIRONMENTAL REVIEW
This is not considered a project as defined by CEQA and no review is required.
ATTACHMENTS
Attachment A: Summary of Tracked Changes
Attachment B: Redlined Copy of 4.13.23 Council Procedures and Protocols Handbook
Attachment C: Clean Copy of 4.13.23 Council Procedures and Protocols Handbook
APPROVED BY:
Ed Shikada, City Manager
1
ATTACHMENT A
Summary of Tracked Changes in April 13 Handbook Draft
City Council also asked staff to draft language in response to the intent of some City Council
actions at the January and March discussions. Staff drafted the language and included as
tracked changes in the redlined Handbook document and also summarized here. In going
through the document to further clean it up in this proposed final version, staff also made a few
other changes that are listed as “Staff Generated Changes” below.
Staff-Drafted Language Per Council Action:
1. Procedures Section 1.2a(4): Function of Committees. Staff updated this text to reflect
the January 30 City Council motion.
2. Procedures Section 1.2a(7): Public Participation at Committees. Staff updated this text
to reflect the clerical change suggested by Council.
3. Procedures Section 1.2a(8): New Standing Committees. Staff updated this language as a
new reorganized section reflecting City Council action.
4. Procedures Section 1.2f: Ad Hoc Committees. Staff deleted text to reflect the clerical
change suggested by Council.
5. Procedures Section 2.3b(1): Number of Remote Appearances. Staff updated this
language to reflect the Council motion for up to 5 remote appearances per legislative
body per year.
6. **Procedures Section 2.3b(2)C: General Procedures for Appearing Remotely. Staff
updated this language to clarify that the AB 2449 law for this section was not intended
to refer to a lost connection for a remotely participating Council member. It was
intended to refer to the need to stop the meeting if the meeting broadcast to the public
is interrupted or if the City could no longer take public comment from remote
participants due to a technological issue. A similar change was also made in Section
2.3b(5)D.
7. Procedures Section 2.4: Colleagues’ Memos. Staff updated the last paragraph to reflect
the Council motion language.
8. Section 3: Order of Agenda. City Managers Comments and Council Member Questions,
Comments and Announcements were moved according to January 30 Council action:
City Manager Comments, then Council Member Questions, Comments and
Announcements, then Consent Agenda.
9. Procedures Section 3.2a(4): Attendance. Staff updated this text per Council’s request to
clerically update the text to reflect current practice.
10. Procedures Section 4.3o: Council member speaking time. Staff updated text to reflect
the Council motion.
11. Procedures Section 5.1d: Gaining Permission to Speak. Staff crafted language based on
the Council motion to make it clear to the public of when public comment signups
conclude.
2
12. Procedures Section 5.1f: Record of Speakers. Staff made a clerical change based on
Council suggestion that not all public speakers are in person.
13. Procedures Section 6.1: Submit Questions on Council Agenda Items Ahead of the
Meeting. Staff updated text with the Council motion.
14. Procedures Section 7: Council Values and Annual Council Priorities. Staff reorganized
this section and also incorporated the Council motion changes to the values statement
and the process.
15. Protocols Section 1.4a: Conduct of Members. Staff drafted language to reflect the
Council motion.
16. Protocols Section 1.6c: Council Voting Delegate Authority at Conferences / Annual Meetings.
Staff drafted language to reflect the Council motion.
17. Protocols Section 1.6d: Be Cautious in Representing City Positions on Issues. Staff added
new text based on the March 20 Council motion to further clarify Council member roles
on regional bodies.
18. Protocols Section 4: Council Travel and Reimbursement. This entire section was updated
to reflect the Council action. Section 4.2 is newly drafted language based on the March
20 Council action.
19. Protocols Section 4.2a: Expenditure of City Council Contingency Funds. Staff updated
language based on the Council motion to clarify the process.
20. Protocols Section 5: Confidentiality, Conflicts of Interest, Gifts and Favors. Staff will
gather resourceful links and include them here in the final draft per the Council’s clerical
suggestion on March 20.
** Indicates these items were flagged for further Council discussion.
Staff Generated Changes:
1. Procedures Section 1.2A(2) and (3): Attendance by Nonmembers – staff followed City
Council action to update this language and in doing so, consolidated some of the 1.2A(2)
language with a newly created 1.2A(3)
2. Procedures Section 1.2B: Policy and Services Committee. Staff deleted language that
was outdated now that Policy and Services is a standing committee.
3. Procedures Section 1.2D: Council Appointed Officers (CAO) Committee. Staff deleted
prefatory remarks paragraph as it is no longer needed.
4. Procedures Section 1.3: Respect the Work of Council Committees. Staff deleted
“standing” in the title because the concept applies to all committees.
5. ** Procedures Section 3.1: Call to Order. Staff added new text here to reflect an option
for recognizing dates of special recognition, consistent with a concurrent referral on that
topic.
3
6. **Procedures Section 3.4: Special Orders of the Day. Staff added new text here to
summarize options for recognizing people, organizations, or dates of special
recognition.
7. Procedures Section 3.5: Agenda Changes, Additions, and Deletions. Staff added
language here to reflect current Council practice.
8. **Procedures Section 3.9b(9): Cancellation of meetings or scheduling of special
meeting. Staff proposes deletion of this text as current practice does not require for
these items to be included on Consent but rather done administratively in consultation
with the Mayor.
9. Procedures Section 3.8f: Council Requests to Remove Items from Consent Agenda. Staff
updated this text to refer to the Municipal Code and to also reference the number of
votes needed to remove an ordinance second reading from Consent.
10. Procedures Section 4.2b(10): Amend or substitute. Staff updated language to clarify the
difference between amending a motion versus a substitute motion.
11. Procedures Section 8: Procedures and Protocols Review and Enforcement. Staff
reorganized and updated to match current process.
12. Protocols Section 1.6d: Be Cautious in Representing City Positions on Issues. Staff moved
language to this new section as it is a better placement.
13. Protocols Section 1.6d: Use of City Letterhead. Staff relocated this section.
** Indicates these items were flagged for further Council discussion.
DRAFT – April 13, 2023
1
CITY COUNCIL
PROCEDURES AND
PROTOCOLS HANDBOOK
DRAFT as of April 13, 2023
(Redlined)
Concepts Approved on January 30 and March 20, 2023 with
direction to cleanup
Procedures and Protocols Approved xx/xx/2023
with New Table of Contents
If you have any questions about this handbook, please feel
free to contact the City Clerk by phone at (650) 329-2571
and e-mail at city.clerk@cityofpaloalto.org or the City
Attorney by phone at (650) 329-2171 and e-mail at
city.attorney@cityofpaloalto.org.
DRAFT – April 13, 2023
2
TABLE OF CONTENTS
(note: page numbers and exact section names may be off; will be updated
after Council review on April 24)
SECTION TOPIC PAGE
Introduction Purpose of the Manual 4
PART I CITY COUNCIL PROCEDURES 5
1 City Council Organization and Structure 5
1.1 Annual Organization of City Council 5
1.2. Council Committees 5
1.3 Respect the Work of the Council Standing Committees 9
2 General Procedures for City Council Meetings 9
2.1 Meeting Schedules, Agendas and Supporting Materials 9
2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the
Council Meetings
10
2.3 Attendance Procedures 11
2.4 Colleagues Memos 15
3 City Council Meeting Order of the Agenda 15
3.1 Call to Order 16
3.2 Closed Sessions 16
3.3 Study Sessions 18
3.4 Special Orders of the Day 18
3.5 Agenda Changes, Additions, and Deletions 18
3.6 General Public Comment 18
3.7 Consent Agenda 19
3.8 City Manager Comments 21
3.9 Action Items 21
3.10. Council Member Questions, Comments and Announcements 21
3.11. Adjournment 21
4 Procedures At City Council Meetings 21
4.1 Council Motion and Voting Processes throughout the Agenda 21
4.2 Motion Procedures 22
4.3 Voting and Debate of Agenda Items 25
4.4 Public Hearings 27
5 How the Public Engages with the City Council 30
5.1. Public Participation During City Council Meetings 30
6 City Council Questions on Agenda-related Items 32
6.1 Submit Questions on Council Agenda Items Ahead of the Meeting 33
6.2 City Council emails for Agenda-Related Items Procedure 33
7 Annual Council Priority Setting Guidelines 34
8 Procedures And Protocols Review and Enforcement 35
8.1 Commit to Annual Review of Important Procedural Issues 35
8.2 Don’t Politicize Procedural Issues 35
8.3 Enforcement 35
DRAFT – April 13, 2023
3
PART II CITY COUNCIL PROTOCOLS 37
1 City Council Conduct 37
1.1. Positive Workplace Environment 37
1.2. Comply with Law 37
1.3. City Council Core Responsibilities 37
1.4. General Member Conduct 38
1.5 Decisions Based on Merit 39
1.6 Advocacy 39
1.7 Council Conduct with City Staff 39
1.8 Use of Staff Time 41
2 City Council Conduct with Palo Alto Boards and Commissions 42
2.1 If Attending a Board or Commission Meeting Identify Your
Comments as Personal Views or Opinions
42
2.2 Refrain from Lobbying Board or Commission Members 42
2.3. Remember that Boards and Commissions are Advisory to the
Council as a Whole, Not Individual Council Members
42
2.4 Concerns about an Individual Board or Commission Member Should
be Pursued with Tact
42
2.5 Be Respectful of Diverse Opinions 42
2.6 Keep Political Support Away from Public Forums 43
2.7 Maintain an Active Liaison Relationship 43
2.8. Role of Council to Board or Commission 43
3 Staff Conduct with City Council 43
3.1 Respond to the City Council as Fully and as Expeditiously as Possible 43
3.2 Respect the Role of Council members as Policy makers for the City 43
3.3. Demonstrate Professionalism and Non-Partisanship in All
Interactions with the Community and in Public Meetings
43
3.4. It is Important that Staff Demonstrate Respect for the Council at All
Times. All Council Members Should Be Treated Equally.
43
4 City Council and Boards and Commissions Policy for Travel and
Miscellaneous Expense Reimbursement
44
4.1 Eligible Activities 44
4.2 Out-of-Town Conferences or Meetings 44
4.3 Local or Bay Area Activities 47
4.4 Other Expenses 47
4.5 Activities Not Considered Reimbursable 47
4.6 Reports to Council 47
4.7 Violation of this Policy 47
4.8 Mayor and Vice Mayor Additional Compensation 48
4.9 Support Services 48
4.10 Miscellaneous Expenditures 48
5 Confidentiality, Conflicts of Interest, Gifts And Favors 48
City Council Protocols and Procedures Handbook
4
Introduction
The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through
which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption
of the Handbook is requirement of the Palo Alto Municipal Code:
Municipal Code 2.04.100 – Handbook of procedural rules
The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the
conduct of meetings and hearings for the council and its standing committees, including but not
limited to agenda requirements, the order of business, rules of order, rules of evidence, closed
session procedures and rules for public participation in meetings. The handbook of procedural
rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the
basis for challenge to or invalidation of any action of the council, nor shall they be construed to
create any independent remedy or right of action of any kind.
The handbook is organized in two parts:
Part I: City Council Procedures
This section explains the process through which work is done and basic rules for City Council
meetings including public participation guidelines.
Part II: City Council Protocols
This section explains conduct guidance for the City Council.
If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State
or Federal law, the Charter, Code, or State or Federal law shall govern.
City Council Protocols and Procedures Handbook
5
PART I: CITY COUNCIL PROCEDURES
SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE
1.1.Annual Organization of City Council
The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as
Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060
provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each
year. Nominations may be made by any Council member and do not require a second.
Existing Language
See above
Proposed Additional Language (per the Dec. 13 P&S Discussion)
The assignment of Mayor shall rotate based on consecutive years served and ranked by votes received in
the general election.
1.2.Council Committees
(a) Standing Council Committees
Policy
It is the policy of the Council to use standing committees in open and public meetings to study City
business in greater depth than what is possible in the time allotted for Council meetings.
Purpose
These rules are intended to enhance public participation and committee meetings so that the best
possible decisions can be made for Palo Alto.
General Requirements
Council standing committees shall be subject to the following procedural rules:
1) Quorum
A majority of the committee membership shall constitute a quorum.
2) Referrals
Only the Council or City Manager shall make referrals to the standing committees.
Referrals will generally be directed to only one of the standing committees.
Items may be withdrawn from the committee and taken up for consideration by the Council
at any Council meeting with the consent of a majority of the Council, and subject to any
applicable noticing or agenda -posting requirements.
Council members who submit matters to the Council which are referred to a standing
committee may attend the committee meeting but only as an observer; they may not
speak or otherwise participate in the committee meeting.
City Council Protocols and Procedures Handbook
6
3) Attendance by Nonmembers
As required by the Brown Act, Council members who are not on a committee may attend
the committee meeting but only as an observer; they may not speak or otherwise
participate in the committee meeting.
If Council wishes to allow members who are not serving on the committee to speak, the
meeting should be noticed as a meeting of the full Council, and all Council procedural
requirements will apply.
3)4)Function of committees
The purpose and intent of committee meetings is to expedite Council action by providing
more thorough and detailed discussion and study of prospective or current Council agenda
items with a full and complete airing of all sentiments and expressions of opinion on City
problems by both the Council committee and the public. Actions of the committee shall be
advisory recommendations only to the full Council, except as to matters expressly
delegated to the committee by Council. Matters requiring Council action may not be
delegated (e.g., approval of contracts, employee appointment or removal, and adoption of
ordinances or resolutions).
4)5)Minutes and Report of Committee
The City Clerk shall be responsible for the preparation and distribution to the Council of the
minutes of standing committee meetings. The minutes for these meetings shall be action
minutes which reflect the motions made during these meetings. The minutes of each
committee meeting serve as the report to the Council and should be included, as
appropriate, in subsequent relevant staff reports.
5)6)Agenda
The chairperson presiding officer of each standing committee shall work with staff to prepare
the agenda for committee meetings. Items should be scheduled as they are ready, taking
into account the sequence of referral, the time required for staff research and analysis to
support committee discussions, the time-sensitivity of items, and other factors as
determined by the chair and City Manager.
6)7)Public Participation at Committees
The chair presiding officer shall determine the time that each speaker is allotted during
general public comment and public comment on agendized items. The chair will typically
set individual speaker speaking time somewhere betweenat 3 and 5 minutes per speaker.
If extended public participation is desired the chair may provide for a longer period; if
there are a large number of speakers or many agenda items, speaking time may be
shortened.
78) New Standing Committees
Council may establish new standing committees as needed.
City Council Protocols and Procedures Handbook
7
(b) Policy and Services Committee
Role, Purpose, and 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 cCouncil 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 of
the Committee and adopted several recommendations. This section documents Council’s motions
related to the Policy & Services Committee.
Purpose Statement: The purpose of the Policy & Services Committee is to review and identify
important community issues and City policies and practices to ensure good public policy. The
Committee shall consider and make recommendations to Council on matters relating to
parliamentary protocols, procedures and policy matters.
(c) Finance Committee
The Municipal Code states that the role of the Council Finance Committee is to consider and make
recommendations on matters referred to it by the Council relating to finance, budget, financial
audits, capital planning and debt. (§2.04.210).
(d) Council Appointed Officers (CAO) Committee
In addition to the Policy & Services and Finance Committees, which are described in the Municipal
Code, the Mayor each year appoints members to two additional committees that have continuing
subject matter jurisdiction and are not intended to be temporary: the Council Appointment
Officers (CAO) Committee, and the City-Schools Liaison Committee.
The CAO Committee meets on an as-needed schedule to address issues that Council has referred
to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City
Clerk and City Auditor. For example, the committee may be tasked with duties related to
performance evaluations, compensation, and the filling of vacancies.
(e) City Schools Liaison Committee
The City-Schools Liaison Committee is composed of two Council members and two members of the
Board of Education of the Palo Alto Unified School District. The committee’s purpose is to share
information, collaborate, and coordinate on issues related to Palo Alto’s school-aged children and
youth.
(f) Ad Hoc Committees
Policy
The Council may create Ad Hoc Committees or the Committee of the Whole on a limited basis
where necessary to study City business in greater depth than what is possible in the time allotted
City Council Protocols and Procedures Handbook
8
for Council and Standing Committee meetings.
Purpose
These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees and to
set up guidelines for creation of Ad Hoc Committees.
General Requirements
Council Ad Hoc Committees shall be subject to the following procedural rules:
1) Definition of Ad Hoc Committee
An Ad Hoc Committee is a temporary advisory committee composed solely of less than a quorum
of members of the Council or any Council Standing Committee. The work of an Ad Hoc
Committee has a limited or single purpose. An Ad Hoc committee is not intended to be
perpetual but rather to be dissolved in a finite period time, once its specific task is
completed. By contrast, a Standing Committee has continuing subject matter jurisdiction
over a variety of related topics.
2) Brown Act
The procedural requirements of the Brown Act apply to all committees that have either:
(a) continuing subject matter jurisdiction over a matter or group of related matters; or (b)
a regular meeting schedule set by Council action. All Standing Committees are Brown Act
bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are
temporary bodies, formed for the purpose of addressing a limited or single purpose,
include only members of Council, and do not have a regular meeting schedule set by
Council action. When Council creates an Ad Hoc committee that is not a Brown Act body,
Council may, at its discretion, direct that the committee follow Brown Act procedures.
3) Creation and Appointment
The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer
members of the Council to serve. In contrast, only the Council and not the Mayor alone can
create a Standing Committee. The Mayor makes appointments to Standing and Ad Hoc
Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or
him, and its membership and stated purpose. The Clerk and shall post this information on
the City Council website. The City Manager shall prepare a report to Council about the
anticipated time commitment required for staff to assist the Ad Hoc Committee.
4) Duration
Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does
not complete its task by the end of the calendar year, it shall not continue unless reappointed
by the new Mayor in the following year.
5) Members
Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall
not include any other persons, including members of other legislative bodies.
City Council Protocols and Procedures Handbook
9
6) Reporting
Ad Hoc Committees shall report their recommendations to the Council in the timeframe
directed by Council. Any Council Member may ask during ‘Council Member Questions,
Comments And Announcements’ that an updated Ad Hoc Committee report be placed on
an upcoming meeting agenda.
7) Termination of Ad Hoc Committee by Majority of Council
A majority of the Council may vote to terminate any Ad Hoc Committee following
placement of the issue on an agenda.
8) Conclusion
A public announcement shall be made any time the Ad Hoc Committee has concluded its work
and/or upon dissolution.
1.3.Respect the Work of the Council Standing Committees [UPDATED to reflect current practice]
Council should respect the work of the StandingCouncil Ccommittees, as their purpose is to provide
focused, in-depth discussion of issues to help inform and expedite Council business. If a matter is
taken forward to the full Council for approval after receiving a unanimous vote at Ccommittee, the
item will be placed on the Consent Calendar, unless otherwise recommended by the Ccommittee,
Mayor, City Attorney or City Manager.
* * *
SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS
The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This
purpose recognizes the value of establishing a community understanding of meeting procedures so that
broad public participation is encouraged. This purpose also recognizes that Council members must have a
common approach to the discussion and debate of City business so that meetings are both streamlined
and thorough.
These are guidelines, rather than rules. The Council intends that City staff and Council members will
follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency,
unfairness, or the promotion of form over substance.
In addition to Council-adopted guidelines, State law establishes a variety of mandatory meeting rules that
the City must follow in order to assureensure open and public government and fair process, regardless of
unusual situations and consequences. (See Cal. Govt Code section 54950.)
2.1. Meeting Schedules, Agendas and Supporting Materials
(a) Meeting Schedules for Regular and Special Meetings
The City Council generally conducts two different kinds of meetings: Rregular Mmeetings and
Sspecial Mmeetings.
City Council Protocols and Procedures Handbook
10
The Municipal Code provides that regular City Council meetings are conducted at City Hall on the
first three Monday nights of each month, except during the Council’s annual summer and winter
recesses, at 6 p.m.
The Council also schedules periodic special meetings, which are meetings on any day or time
other than the regular meeting time. This may include meetings on the regularly-scheduled first
three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday,
or meetings scheduled on any other day or time.
The Mayor or Council may call a Sspecial meeting on a minimum of 24 hours’ notice. Special
meetings need not be held at City Hall, as long as the alternate location is within the City. The
Council makes every effort to provide notice well in advance of 24 hours, especially when the
special meeting is for the purpose of conducting a Study Session.
(b) Posting of Agendas
Under the Brown Act, meeting agendas must be posted no later than 72-hours prior to regular
meetings and 24-hours prior to special meetings. It is City policy to make every effort to post the
agenda on Thursday, 11 days prior to Monday meetings, whether regular or special. Agendas are
posted in King Plaza by the elevators and are uploaded to the City Council web page.
(c) Supporting Reports and Materials (exist. Procedures 2.3.2)
It is City policy to make every effort to provide supporting reports and materials at the time the
agenda is posted. Typically, this will occur 11 days before the meeting. Materials that are not
available at the time of agenda posting will be distributed as soon as feasible before the meeting.
Materials that are distributed to a majority of Council will be made available to the public at the
same time, as required by law. Some materials, such as presentation materials or “supplemental
memoranda” (previously referred to as “at places” memoranda) may be distributed to Council
members and the public at the meeting.
(d) Late Submittal of Correspondence or Other Information Related to Planning Applications
In order to allow for adequate staff review and analysis, and to ensure public access to information,
all plans, correspondence, and other documents supporting planning applications being heard by the
City Council must be submitted to staff not later than noon five (5) working days prior to the release
of the Council Agenda Packet. If any correspondence or other information is submitted after this
deadline to Council members or staff, and staff determines additional review is needed, staff will
reschedule the item for a future Council meeting.
If a Council member receives planning application materials from a project applicant, or receives
other significant material related to the application from any source, he or she shall notify the City
Clerk and the City Manager as soon as possible so that all relevant material can be entered into
the official record and made available to all parties and the public. At the meeting the City Council
may determine whether to continue or refer the item to the appropriate Bboard and/or
Ccommission if significant changes to a project or significant new information become known.
City Council Protocols and Procedures Handbook
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2.2. The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings
There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be
conducted, including review of approximate time allocation of Staff Report presentations and to
ensure adequate time for large complex items; 2) to identify any issues or questions that may need
greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in
building the agenda should be given to the potential length of the meeting and at what point items
of significant public concern may be heard.
The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor
are invited and expected to attend the pre-Council meetings with the City Manager, and other CAOs,
and Ddepartment Mmanagers. The Mayor and Vice Mayor’s role is to represent the interest of the
entire Council.
2.3. Attendance Procedures
(a) Attendance Required
Council members, the City Clerk, City Attorney, and City Manager, along with any other City
officers and department heads that have been requested to be present, shall take their regular
stations in the Council Chambers at the start of every scheduled meeting. The presiding officer will
ensure that each meeting will include at least one 10-minute break. The Council expects its members
to attend regularly and notify the City Clerk of any planned absences. The Council may levy fines of
up to $250.00 against Council members who willfully fail to attend meetings (PAMC section
2.04.050).
(b) Remote Attendance of Council Members at Council and Committee Meetings
Council members are strongly encouraged to attend meetings in person. State law allows Council
members to attend meetings remotely by following the procedures outlined in Government Code
Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill
2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are described
below and are current as of the date of Handbook revision. If state law is subsequently amended,
the amended terms of State law will apply.
1) Number of Remote Appearances
Remote attendance shall be permitted not more than 3 five (5) times a year per legislative
body (for example, five times a year for full Council meetings and five additional times a
year for each Council committee). This includes remote attendance at meetings of Council
and Council committees. AB 2449 rules still apply which state that no more than two
meetings may be attended remotely during a calendar year for “just cause,” as described
below.
2) General Procedures for Appearing Remotely
Council members must follow mandatory procedures set forth in State law. At any meeting
where a Council member is attending remotely, the following requirements must be met:
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(A) At least a quorum of the Council must participate from a singular physical location
within the City.
(B) The agenda must identify and include an opportunity for the public to attend and
directly address the council member through a call-in option, an internet-based
service option, and in-person at the location of the meeting.
(C) Council members may not take action if there is an unresolved disruption to the
meeting broadcast, to a remote council member’s audio or visual feed, or to the
ability to take call-in or internet-based public comment.
If these above threshold requirements are met, the Council member attending remotely
must ensure they follow the procedures associated with either Standard Remote
Attendance or AB 2449 Remote Attendance.
3) Standard Remote Attendance Procedures
A Council member attending remotely using these procedures must ensure that:
(A) The meeting agenda identifies the remote attendance location and is posted at
that location in an area that is accessible and visible 24 hours a day for at least 72
hours prior to a regular meeting and 24 hours prior to a special meeting.
(B) The remote attendance location is open and fully accessible to the public, and
fully accessible under the Americans with Disabilities Act, throughout the entire
meeting. These requirements apply to private residences, hotel rooms, and
similar facilities, all of which must remain fully open and accessible throughout
the meeting, without requiring identification or registration.
(C) The remote attendance technology used is open and fully accessible to all
members of the public, including those with disabilities.
(D) Members of the public who attend the meeting at the remote attendance
location have the same opportunity to address the Council from the remote
location that they would if they were present in Council Chambers.
(E) The remote attendance location must not require an admission fee or any
payment for attendance.
(F) If the meeting will include a closed session, the Council Member must ensure that
there is a private location available for that portion of the meeting. A private
location means a closed room such that no other person can hear any portion of
the closed session.
If the Council Member intending to follow the procedures of Standard Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not
participate in the meeting remotely using Standard Remote Attendance procedures.
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4) Standard Remote Attendance Guidelines
(A) Five days written notice in advance of the publication of the agenda must be
given by the Council member to the City Clerk’s office about their intent to
participate remotely; the notice must include the address at which the remote
attendance will occur, and the address the Council packet should be mailed to, if
a hard copy is requested.
(B) The Council member is responsible for posting the Council agenda in the remote
location, or having the agenda posted by somebody at the location and
confirming that posting has occurred. The City Clerk will assist, if necessary, by
emailing, faxing or mailing the agenda to whatever address or fax number the
Council member requests; however, it is the Council member’s responsibility to
ensure that the agenda arrives and is posted. If the Council Member will need the
assistance of the City Clerk in delivery of the agenda, the fax number or address
must be included in the five-day advance written notice above.
(C) The Council Member must ensure that the location will be publicly accessible
while the meeting is in progress.
(D) The Council Member must state at the beginning of the Council meeting that the
posting requirement was met at the location and that the location is publicly
accessible and must describe the location.
5) AB 2449 Remote Attendance Procedures
A Council member attending remotely using these procedures must ensure that: The
Council member has either “just cause” or “emergency circumstances” that require remote
participation, as required by AB 2449.
(A) Just cause.
i.“Just cause” is defined as:
a. a childcare or caregiving need of a child, parent, grandparent, grandchild,
sibling, spouse, or domestic partner that requires remote attendance,
b. a contagious illness that prevents in-person attendance,
c. a need related to a physical or mental disability which cannot be resolved
by a request for reasonable accommodation, or
d. travel while on the business of a state or local agency.
ii. Notice. A Council member with “just cause” to attend remotely must notify
the Council or Council committee and the City Clerk at the earliest possible
opportunity, including at the start of the meeting, of their need to
participate remotely and provide a general description of the
circumstances.
(B) Emergency Circumstances.
iii. The Council member is facing “emergency circumstances” that justify remote attendance and
the Council or Council committee approves of their remote attendance pursuant to AB 2449.
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iv.“Emergency circumstances” is defined as:
a physical or family medical emergency that prevents a Council member from
attending the Council meeting in person.
v.i.Notification and acceptance.
a.A Council member attending remotely due to “emergency circumstances”
must notify the Council or Council committee and the City Clerk at the
earliest possible opportunity.
b.The Council or Council committee must request a general description of the
circumstances relating to the council member’s need to appear remotely.
The description does not need to have more than 20 words, and the
Council member does not have to disclose any personal medical
information.
c.At the earliest opportunity available to it, the Council or Council committee
must, by a majority vote of its members, take action on the request to
approve or disapprove it. If the request does not allow sufficient time to
place it on the agenda for the meeting for which the request is made, the
legislative body must take action on the request at the beginning of the
meeting by majority vote.
(B)(C)Disclosures. Council members attending remotely must publicly disclose
at the meeting before any action is taken whether any other individuals 18 years
of age or older are present in the room at the remote location with the member
and the general nature of the member’s relationship with the individual.
(C)(D)Technology. Council members attending remotely shall participate using
both audio and visual technology. All technology necessary for to attend remotely
must function at all times, which must include two-way, live audio and visual
communication.
If the Council member intending to follow the procedures of AB 2449 Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not
participate in the meeting remotely using AB 2449 Remote Attendance procedures.
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6) AB 2449 Remote Attendance Sample ScriptsGuidelines
At the start of the meeting, the Council member attending remotely may use the following
language to identify under which provision they are attending remotely:
Provision 1Just Cause:
“I have just cause to attend this meeting remotely under AB 2449. I have not attended a
meeting remotely due to just cause more than once this calendar year. I have attended
[NUMBER] meetings remotely this calendar year. I must attend this meeting remotely
because…
1. “… I must provide caregiving to [RELATION].”
2. “… a contagious illness prevents me from attending in person.”
3. “… I have a need related to a disability which could not be accommodated at this
meeting.”
4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].”
“In this room, I am accompanied by…
5. “…no one over the age of 18.”
6. “…one or more individuals over the age of 18. They are [RELATION (e.g., my
spouse, coworker, medical provider)].”
Provision 2Emergency Circumstances:
“Due to emergency circumstances, I request to attend this meeting remotely under AB
2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL
OR FAMILY] medical emergency I am facing requires my remote attendance because
[BRIEF DESCRIPTION].”
2) “In this room, I am accompanied by…
3) “…no one over the age of 18.”
4) “…one or more individuals over the age of 18. They are [RELATION (e.g.,
my spouse, coworker, medical provider)].”
2.4. Colleagues’ Memos
Council members may bring forward a colleagues’ memo on any topic to be considered by the entire
Council. A minimum of two Council members are required to place such a memo on the agenda,
reflective of the Council procedure requiring a motion and a second for consideration of a motion by
the Council. Up to three Council members may sign a colleague memo. To comply with the Brown
Act, three is the maximum number Council members who may discuss or sign onto a colleagues’
memo.
Prior to preparing a colleagues’ memo, Council members should consult with the City Manager to
determine whether the City Manager is able to address the issues as part of their operational
authority and within current budgeted resources. Colleagues memos should haveinclude a section
drafted by the City Manager that identifies any potential staffing or fiscal impacts of the contemplated
action. Council members shall provide a copy of the proposed memo to the City Manager and City
Attorney prior to finalization. Completed Council colleagues’ memos should be provided to the City
Manager, City Attorney and City Clerk with as much advance notice as possible, to provide time for
staff to prepare the resource impact section and prepare the memo for placement on the agenda.
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The Council will not take action on the night that a colleagues’ memo is introduced if it has any
implications for staff resources or current work priorities which are not addressed in the memo. The
Council will discuss the colleagues’ memo and refer it to a committee or direct the City Manager to
agendize the matter for Council action. Action may be taken immediately by the Council on colleagues’
memos where there are no resource or staffing implications, or where these implications are fully
outlined in the colleagues’ memo. The Brown Act requires that the public be fully informed of the
potential action by the Council when the agenda is published. In order to satisfy the Brown Act
requirements, the Council should consult with the City Attorney to ensure that the proposed title to
the colleagues’ memo contains all actions that the Council members want completed on the night of
the Council review.
Council members nearing the end of their term desiring to submit a colleagues’ memo should consider
submittal timing and steps needed in order to ensure Council discussion prior to the end of their term.
Staff will make best efforts to agendize such memos prior to the end of the Council term.
Existing Language
None
Proposed New Language
Non-urgent Colleagues Memos that will not result in actions completed by the end of the year
will not be accepted between the date of an election that includes election of new Council
members and the swearing in of a new Council.
* * *
SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA (exist. Procedures 2.4)
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order
described below, except as determined otherwise by the Mayor in consultation with the City Manager. In
setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in
the agenda-setting process if needed. The City Manager, with prior approval of the Mayor, is authorized to
designate upon the agenda items that shall be taken up first or at a specific time during the course of the
meeting (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a
majority vote of those present:
Call to Order
Special Orders of the Day
Study Session and/or Closed Session
Agenda Changes, Additions and Deletions
General Public Comment
City Manager Comments
Council Member Questions, Comments and Announcements
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Consent Agenda
Items may be placed upon the consent calendar by any council-appointed officer whenever, in
such officer's judgment, such items are expected to be routinely approved without discussion or
debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as
one item.
City Manager Comments
Action Items
Council Member Questions, Comments and Announcements
Adjournment
Items Considered After 10:30 p.m.:
The Council makes every effort to end its meetings before 11 p.m. With that goal in mind, the
Council generally does not start discussion of new matters after 10:30 p.m. Before 10 p.m. the
Council will decide and announce whether it will begin consideration of any agenda items after
10:30 p.m. and, if so, which specific items will be taken up.
3.1. Call to Order
The meeting can be called to order in recognition of a holiday or special designation to bring
awareness and show appreciation of that holiday or special designation. The Mayor will determine
such recognitions in consultation with the Manager, and dates will primarily originate from a
calendar adopted by the Council.
3.2. Closed Sessions [UPDATED to comply with law and reduce repetitive language]
Closed sessions are the only part of a Council meeting that the public cannot attend though they are
allowed toto the public may make public comments before the start of the closed session. Council may
meet in closed session only as specifically authorized by State law. The most common types of closed
sessions are labor negotiations, litigation, employment issues, and real estate negotiations.
The Council will make a public report after the session where required by State or local law.
(a) Closed Session Requirements
1) Announcements Before Closed Sessions
The Mayor/City Clerk shall announce the item or items to be considered in closed session by
reference to the appropriate agenda number or letter, or in an alternate form that shall be
provided by the City Attorney.
2) Public Comments
Members of the public are permitted to make public comments on closed session matters.
The City Clerk shall be present in the open session to record Council attendance and any
statements made by the public or by the Council.
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3) Vote to Go Intointo Closed Session
The Council shall vote to go into closed session.
4) Attendance
The City Manager and City Attorney, or their designees, shall attend closed sessions unless it
is necessary to excuse them. Additional staff shall attend as and consultants may attend,
but only to the extent that their attendance is necessary to support Council’s
consideration of the itemand then only if the legal privileges of confidentiality obtained in
an executive session are maintained.
5) Public Reports
State and local Llaw and a Palo Alto initiative require the Council to make a public report after
a closed session when certain kinds of actions are taken (PAMC section 2.04.030). Reports
from closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence,
or such other City representative as designated by the Council. Such designated person is
the only individual authorized to make public statements concerning the closed session.
It is the policy of the Council to inform the public of action taken in closed session to the
greatest extent possible. It is recognized, however, that the need for confidentiality is
inherent in closed sessions and that certain matters if revealed may be a detriment to the
results desired. The Council shall publicly report:
(A) any decision to appoint, employ, or dismiss a public employee and the roll call vote
thereon at its next public meeting;
(B)actions related to litigation and the roll call vote on such actions, unless the
report would, in the written opinion of the City Attorney for specifically stated
reasons, clearly jeopardize the City’s ability to effectuate service of process on one
or more unserved parties or impair the City’s ability to resolve the matter through
negotiation, mediation or other form of settlement. Notwithstanding the City
Attorney's written opinion, the Council may under any circumstance, by majority
vote, determine that it is in the City's best interests to disclose actions taken in
closed session related to litigation. The public report shall be given as soon as
possible, but no later than the next regular meeting, and shall include the vote or
abstention of every member present. The City Attorney’s written opinion shall be
made public, along with any action taken and any vote thereon, as soon as any
litigation is concluded. The City Attorney shall record any action and vote upon
such forms as the City Attorney may deem desirable;.
(B)(C)Other matters as required by law.
6) No Minutes
No minutes of closed sessions shall be kept. The City Attorney shall record the information
necessary to comply with State law and Municipal Code section 2.04.030.
7) Confidentiality
No person in attendance at a closed session may disclose the substance or effect of any
matter discussed during the session (PAMC section 2.04.040), except to the extent
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authorized by a majority vote of Council or as required by a court.
3.3. Study Sessions
Study Sessions are agenda items during which the Council receives information about City business in
an informal setting. Study sessions are intended to be discussion items only. The Decorum rules still
apply to the behavior of the Council and public.
(a) Study Session Procedures
1) Time
Special study sessions will be held as needed.
2) Topics and Process
Study sessions are intended to be conducive to in-depth factual presentations by City staff and
detailed questioning and brainstorming by Council on issues of significant interest. The
Council may discuss the material freely without following formal rules of parliamentary
procedure, and the Mayor shall have discretion to determine the appropriate process for
conducting the study session, including when public comment will be heard.
3) Public Participation
Members of the public are allowed to make public comments on study session matters at
the time directed by the presiding officer. The general rules of decorum apply.
4) No Action Taken
Staff may be directed to bring matters back for Council consideration at future meetings, as no
action can be taken.
3.4.Special Orders of the Day
Council may acknowledge a special appreciation for individuals or groups for achievements,
holidays (dates included in the annual Council-adopted calendar), etc., through the Special Order
of the Day. This can be done through:
- A certificate of recognition for individuals linked to a certain event or holiday
- Information read by Council members in honor of a group or individual
- A proclamation or resolution presented to a group or individual
-Informational presentation from a community group about their program.
3.5.Agenda Changes, Additions, and Deletions
(a) At By majority vote, Council may change the order or delete an item from the agenda. Council
may not add items to the agenda except in cases of emergency as defined by State law.
(b) When the Council is unable to complete its agenda, decides to reschedule business items, the
business items remaining business will generally be rescheduled as follows:
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1) Items Rescheduled to a Date Uncertain
When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor
shall confer on an appropriate date to reschedule the item.
2) Items Rescheduled to a Date Certain
Council may reschedule an item to a specific future Council meeting.
(b) Adding New Items to the Agenda
Only matters on the agenda shall be taken up by the Council, except in cases of emergency, as
defined by State law.
3.6.General Public Comment (see Section 5 on Public Participation for more details about “General Public
Comment”)
3.7.City Manager’s Comments
3.8 Council Member Questions, Comments, and Announcements (including reports on Boards,
Commissions, and Committees)
The purpose of this agenda item is to allow Council to briefly ask staff about matters upon which
Council has taken action or given direction, make general comments as a reference to staff on factual
matters of community concern, or make brief announcements in a manner consistent with
Government Code section 54952.2. If more than brief statements are desired, the item shall be
agendized for a future meeting in the manner otherwise provided by these Procedures, such as by the
City Manager or through a Colleagues Memo. Major policy issues and new assignments will not be
discussed or considered in this item. To the extent possible, Council will confer with staff before
raising matters under this agenda item. COUNCIL MEMBER QUESTIONS, COMMENTS, AND
ANNOUNCEMENTSThis agenda item will generally last up to 15 minutes and the public may not
comment.
3.9.Consent Agenda
The Consent Agenda is the section where items not anticipated to require discussion can be
presented and acted upon efficiently by Council. This generally includes administrative items;
implementation of policies and programs previously approved by Council, including contracts; and
other routine or non-controversial items. The Mayor and City Manager should be sensitive to high
dollar value contracts and consider placing those items in the action agenda section. The consent
section may include:
(a) Ordinances and Resolutions
The following ordinances and resolutions may appear on a consent calendar:
1) Second Reading (passage and adoption) of Ordinances.
2) Resolutions that are ceremonial in nature.
3) Ordinances or resolutions that implement a prior Council policy direction in the manner
contemplated by the Council's previous actions, in the Adopted Budget (including the
Capital Improvement Program and especially in the department key plans), the Council
City Council Protocols and Procedures Handbook
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Priorities, and other similar sources.
4) Budget amendments that accept funding such as grants or gifts, provided Council has
previously approved the activity or program.
5) Resolutions approving funding applications, such as grants or loans, provided that the
program or activity has been previously approved by Council.
6) Clerical amendments to local laws.
7) Conforming amendments to local laws that are required by State law, except items of
significant public interest.
(b) Administrative Matters Including Contracts, Appointments, Approval of Applications, and Any
Other Matter
An administrative matter may be placed on the consent calendar if it is:
1) An action that is merely the administrative execution of previous Council direction. The
Council direction and vote will be quoted in the Staff Report accompanying the item.
2) Contracts for which the subject or scope of work has been previously reviewed by the City
Council.
3) A contract for goods, general services, professional services, public works projects, dark fiber
licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing
Ordinance, provided such contracts represent the customary and usual business of the
department as included in the Adopted Budget. Examples include routine maintenance
contracts, annual audit agreements software and hardware support agreements, janitorial
services, and copier agreements or postage machine agreements.
4) Designation of heritage trees.
5) Designation of historic building at the request of the property owner if there are no unusual
policy ramifications.
6) Approval of funding applications, such as grants or loans, provided that Council has
previously approved the general program or activity.
7) Items identified in the Municipal Code for placement on Consent. This includes, for
example, certain appeals of determinations of the Director of Planning and Development
Services.
8) Approval of minutes.
9)Cancellation of meetings or scheduling of special meeting.
10) Referral of an item to a Standing Committee, Committee, Board, Commission, or Council
Appointed Officer.
11) Other similar matters as determined by the City Manager, in consultation with the Mayor.
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(c) Items Unanimously Recommended for Approval by a Council Committee or Council-Appointed
Board or Commission, Unless Otherwise Recommended by the Committee/Commission, Mayor,
City Attorney or City Manager
Items recommended unanimously for approval by Council committees and Council-appointed
boards and commissions are generally placed on Consent, except as otherwise recommended by
the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as
required by law.
(d) Public Comment on Consent Agenda
Members of the public wishing to speak to items on the Consent Calendar shall be permitted to
speak prior to Council Member requests to remove an item or the vote to adopt the Consent
Calendar.
(e) No Discussion or Debate; Voting; Recusals; Speaking to a No Vote
There shall not be discussion or debate on any item on the Consent agenda. A Council member
who needs to recuse themself from a Consent item shall inform the Mayor and make any public
disclosure that is required. The Clerk shall record the recusal on the item.
Any Council member may request that his or her vote be recorded as a "no" on any item or items
on the Consent agenda. Any Consent item not receiving the number of “yes” votes required for the
item is not approved.
Council members may explain their "no" votes at the end of the Consent Agenda, with 3-minutes
permitted for non-appeal items and 5 minutes for appeal items for each Council member. Council
members may also submit statements in writing to the City Clerk before action is taken. The City
Clerk shall preserve and make available such written statements in a manner consistent with the
Brown Act and shall assure that the minutes of the meeting make reference to the existence and
location of such written statements.
(f) Council Requests to Remove Items from Consent Agenda
Three Council members may request that an item be removed from the cConsent aAgenda except
where otherwise required by the Municipal Code. Under the Municipal Code, If it isfour votes are
required to remove a second reading of an ordinance from , it requires four Council members to
request that the item be removed from the Consent Agenda.
Removed items will be heard either later in the meeting or agendized for a subsequent meeting,
depending upon the number of speakers, the anticipated length of the items that have been
officially scheduled for discussion on a particular evening, the availability of staff required to
support the discussion, and legally- required noticing procedures. The Mayor, in consultation with
the City Manager, will decide when any removed items will be heard.
Council members who intend to request to remove an item should strive to inform the City
Manager’s office no later than noon the Sunday before the meeting. This is so that the Manager
can assess the operational impacts of rescheduling a removed item to a later agenda and, if
appropriate, can arrange for appropriate staff to attend Council to support consideration of the
item.
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3.9.City Manager Comments
3.10.Action Items
3.11. Council Member Questions, Comments and Announcements
3.12. Adjournment
* * *
SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS
4.1. Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V)
(a) Motions, Debate & Voting
Policy and Summary of Rules
It is the policy of the Council to follow simplified rules of parliamentary procedure for motions,
debate and voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the
types of motions the Council can make and when those motions are properly used. See the
Summary Table below.
Purpose
The purpose of these rules to facilitate orderly and thorough discussion and debate of Council
business in order to create open respectful discussion and results that serve the public interest.
(b) Motions
A motion is a formal proposal by a Council member asking that the Council take a specified action. A
motion must receive a second before the Council can consider a matter. Motions may be provided to
the City Clerk in advance of the City Council meeting so that the Clerk can efficiently post the motion
on the screen for the convenience of the community and Council members.
There are two types of motions; these are the “main” motion and any secondary motions. Only
one main motion can be considered at a time. The main motion is the first motion to be made and
receive a second. A secondary motion is described below which can be considered while a main
motion is pending.
4.2. Motion Procedures
(a) Main Motion Procedures
1) Get the Floor
A Council member should seek permission of the presiding officer before making a motion.
must receive the permission of the Mayor (or other presiding officer) before making a
motion.
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2) State the Motion
A motion is made by a Council member (the “maker”) stating his or her proposal. Longer
proposals can be written.
3) Second Required
Any other Council member (including the presiding officer) who supports the proposal (or
who simply wishes it to be considered) may “second” the motion without first being
recognized.
4) Motion Transcribed
The Clerk shall transcribe the motion so that Council members, the public and staff can read
it.
5) Lack of a Second
If there is no second stated immediately, the Mayor presiding officer should ask whether
there is a second. If no Council Member seconds the motion the matter will not be
considered.
6) Discussion
The maker shall be the first Council member recognized to speak on the motion if it receives
a second. The seconder shall be the second Council member to speak on the motion.
Generally Council members will speak only once with respect to a motion. If the Mayor
presiding officer or Council permits any Council member to speak more than once on a
motion, all Council members shall receive the same privilege.
7) Secondary Motions
Secondary motions may be made by a Council member upon getting the floor.
8) Action
After discussion is complete the Council will vote on the motion under consideration.
(b) Secondary Motion Procedures
Only one main motion may be entertained by Council at a time. The Council recognizes the following
secondary motions which may be considered while a main motion is pending. These motions shall
have precedence in the order listed below. This means that a secondary motion that is higher on the
list will be considered ahead of a pending secondary motion that is lower on the list:
The purpose of the allowed secondary motions is summarized in the following text and table.
1) Fix the time to which to adjourn
This motion sets a time for continuation of the meeting. It requires a second, is amendable
and is debatable only as to the time to which the meeting is adjourned.
2) Adjourn
This motion ends the meeting or adjourns it to another time. It requires a second and is not
debatable except to set the time to which the meeting is adjourned, if applicable. A motion to
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adjourn shall be in order at any time, except as follows: (a) when repeated without
intervening business or discussion; (b) when made as an interruption of a member while
speaking; (c) when the previous question has been ordered; and (d) while a vote is being
taken.
3) Take a recess
This motion interrupts the meeting temporarily. It is amendable but is not debatable.
4) Raise a question of personal privilege
This motion allows a Council Member to address the Council on a question of personal
privilege and shall be limited to cases in which the Council Member's integrity, character or
motives are questioned or when the welfare of the Council is concerned. The maker of the
motion may interrupt another speaker if the presiding officer recognizes the "privilege."
The motion does not require a second, is not amendable and is not debatable.
5) Lay on the table
This motion is used to interrupt business for more urgent business. A motion to lay on the
table requires a second, is not amendable and is not debatable. It shall preclude all
amendments or debate of the subject under consideration. If the motion prevails, and the
subject is tabled, the matter must be reagendized in the future if further consideration is to
be given to the matter.
6) Previous question
This motion “calls the question” by closing debate on the pending motion. A motion for
previous question requires a second, is not debatable and is not amendable. It applies to all
previous motions on the subject unless otherwise specified by the maker of the motion. If
motion for previous question fails, debate is reopened; if motion for previous question
passes, then vote on the pending motion. A motion for previous question requires a two-
thirds vote of those Council members present and voting.
7) Limit or extend debate
This motion limits or extends the time for the Council or any Council Member to debate a
motion. It requires a second, is amendable and is not debatable. The motion requires a
two-thirds vote of those Council members present and voting.
8) Continue to a certain time
This motion continues a matter to another, specified time. It requires a second, is amendable
and is debatable as to propriety of postponement and time set.
9) Refer to a city agency, body, committee, board, commission or officer
This motion sends a subject to another city agency, body, committee, board, commission or
officer for further study and report back to Council, at which time subject is fully debated.
It requires a second, is amendable, and is debatable only as to the propriety of referring.
The substance of the subject being referred shall not be discussed at the time the motion to
refer is made.
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10) Amend or substitute
ThisA motion to amend retains the original motion and modifies it in some way. A
substitute motion deletes the original motion and replaces it with a different motion.
changes or reverses the main motion. ItBoth requires a second, isare amendable, and
isare debatable only when the motion to which itthey appliesy is debatable. A motion to
amend an amendment is in order, but one to amend an amendment to an amendment is not.
An amendment modifying a motion is in order but an amendment raising an independent
question or one that is not germane to the main motion shall not be in order. Amendments
take precedence over the main motion and the motion to postpone indefinitely.
C. Motion Process Reference Chart
Motion Description 2nd
Required Debatable Amendable 2/3 Vote
Fix the time to
which to adjourn Sets a next date and time for
continuation of the meeting
YES Only as to time to which
the meeting is adjourned YES NO
Adjourn
Sets time to adjourn. Not in order if (a)
repeated without intervening business
(b) made as an interruption of a
member while speaking; (c) the
previous question has been ordered;
and (d) while a vote is being taken
YES
Only to set the time to
which the meeting is
adjourned NO NO
Take a recess Purpose is to interrupt the meeting YES NO YES NO
Raise a question of
privilege
Allows member to address Council on a
question of personal privilege limited to
Council welfare or cases where a
member’s personal integrity, character,
or motives are questioned.
NO NO NO NO
Lay on the table Interrupts business for more urgent
business
YES NO NO NO
Previous question
(close debate or
“call the question”)
Closes debate on pending motion YES NO NO YES
Limit or extend
limits of debate Purpose is to limit or extend debate YES NO YES YES
Motion to continue
to a certain time Continues the matter to another,
specified time
YES YES YES NO
Refer to committee
Sends subject to another city agency,
body, committee, board, commission or
officer for further study and report back
to council, at which time subject is fully
debated
YES
Only as to propriety of
referring, not substance
of referral
YES NO
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Motion Description 2nd
Required Debatable Amendable 2/3 Vote
Amend or substitute
Modifies (or reverses course of)
proposed action. Cannot raise
independent question. Can amend an
amendment, but no further
YES Only if underlying motion is
debatable YES NO
Motion to
Reconsider
Motion that can be made only during the
meeting or adjourned meeting in which
the action was taken YES YES NO NO
4.3. Voting and Debate of Agenda Items
(a) Presiding officer to review motion
The presiding officer shall assure that all motions are clearly stated before allowing debate to
begin. The presiding officer and the maker of the motion should work with the City Clerk to clarify
the motion before allowing debate to begin. The presiding officer may review the motion prior to
voting.
(b) Presiding officer may debate and vote
The presiding officer may move, second and debate from the chair, subject only to such limitations of
debate as are by these rules imposed on all Council members. The presiding officer shall not be
deprived of any of the rights and privileges of a Council member.
(c) Division of question
If the question contains two or more divisible propositions, each of which is capable of standing as a
complete proposition if the others are removed, the presiding officer may, and upon request of a
Council member shall, divide the same. The presiding officer's determination shall be appealable
by any Council member.
(d) Withdrawal of motion
A motion may only be withdrawn by the maker with the consent of the Council Member
seconding it.
(e) Change of vote
Council members may change their votes before the next item on the agenda is called.
(f) Voting
On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device
and entered in full upon the record, except where state law requires a roll call vote
(g) Failure to vote
It is the responsibility of every Council member to vote unless the member is recused. No Council
member can be compelled to vote.
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(h) Abstaining from vote
Council members should only abstain if they are not sufficiently informed about an item, e.g., when
there was a prior meeting on the topic and they were unable to view the prior meeting before the
current meeting. In the event of an abstention, or silence during a vote, the abstainer in effect,
"consents" that a majority of the quorum of the Council members present may act for him or her.
(i) Not participating
A Council member who is recused from an item due to a conflict of interest, common law bias, or other
legal prohibition shall make disclosures required by law, leave the dais if required, and not
participate in any way in the discussion or determination of the item. A Council member may
otherwise disqualify themself to avoid an appearance of impropriety.
(j) Tie votes
Tie votes may be reconsidered during the time permitted by these rules on motion by any member
of the Council voting yes or no during the original vote. Before a motion is made on the next item
on the agenda, any member of the Council may make a motion to continue the matter to another
date. To the extent allowed by law, it is the Council’s intention that any continuance hereunder
shall suspend the running of any time in which action of the Council is required by law. Nothing
herein shall be construed to prevent any Council member from recommending the agendizing of a
matter that resulted in a tie vote for a subsequent meeting.
(k) Motion to reconsider
A motion to reconsider any action taken by the Council may be made only during the meeting or
adjourned meeting when the action was taken. A motion to reconsider requires a second, is
debatable and is not amendable. The motion must be made by one of the prevailing
side of an issue but may be seconded by any Council member. A motion to reconsider may be
made at any time and shall have precedence over all other motions, or while a Council member has
the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring
back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered.
Reconsideration may be moved only once on the same motion. However, a Council member may
make a motion to rescind such action at a subsequent meeting of the Council, provided an
appropriate item is on the published agenda.
(l) Appeal from the decision of presiding officer
When the rules are silent, the presiding officer shall decide all questions of order, subject to
appeal by a Council member. When in doubt, the presiding officer may submit the question to
the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding
officer may be appealed by request of any member. The presiding officer shall call for a roll call or
electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said
vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the
decision or ruling of the presiding officer is reversed.
(m) Getting the floor; improper references to be avoided
Every Council member desiring to speak shall address the presiding officer and, upon recognition by
the presiding officer, every Council member shall be confined to the question under debate, avoiding
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all indecorous language and personal attacks.
(n) Interruptions
Except for being called to order, a Council member once recognized, shall not be interrupted
when speaking, except as otherwise provided for in these rules. A Council member called to order
while speaking shall cease speaking until the question or order is determined, and, if in order, said
Council member shall be permitted to proceed.
(o) Council Member Speaking Time
The presiding officer shall give each Council member up to five (5) minutes to speak in each round
of discussion during discussions on Council items where discussion takes place. The Council shall
follow be guided by the speaking times set by the presiding officer and shall conclude comments
at the direction of the presiding officer or Vice Mayor shall enforce the speaking time set. The
presiding officer shall endeavor to treat all members equitably.
4.4. Quasi-Judicial Matters
(a) Quasi-Judicial Matters
It is the policy of the Council to assure that the due process rights of all persons are protected during
City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due
process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings
involve consideration of an application to develop real property. The City, including Council and
associated Boards and Commissions, reaches a determination by applying standards and
requirements in existing law to the facts and evidence submitted in the hearing. Findings must be
stated to explain the evidentiary basis for Council’s final decision.
Purpose
These rules are intended to assure that City Council decision making on quasi-judicial matters is
based upon facts and evidence known to all parties and to support the role of Boards and
Commissions in making independent recommendations to Council.
General Requirements
1) Quasi-Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural rules include hearings involving the
following matters:
(A) Conditional Use Permits
(B) Variances
(C) Home Improvement Exceptions
(D) Design Enhancement Exceptions
(E) Subdivisions, other than final map approvals
(F) Architectural Review
(G) Other Matters as Determined by the City Attorney
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2) Restrictions on Council Communications Outside of Quasi-Judicial Hearings
It is the policy of the Council to discourage the gathering and submission of information by
Council members outside of any noticed public meeting, prior to final recommendations
by the Architectural Review Board or Planning & Transportation Commission. The
following procedural guidelines are intended to implement this policy but shall not be
construed to create any remedy or right of action.
3) Identification of Quasi-Judicial Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda
items involving quasi-judicial matters on both the tentative and regular Council agendas.
This identification is intended to inform the Council, interested parties, and the public that
this policy will apply to the matter.
4) Council to Track Contacts
Council members should track contacts with any person or entity pertaining to quasi-judicial
matters. Contacts include conversations, meetings, site visits, mailings, or presentations
during which substantial factual information about the item is gathered by or submitted to
the Council Member.
5) Disclosure
When thea quasi-judicial matter is agendized at Council, Council members will disclose on
the record any contacts they have had outside of a noticed meeting, identify whichany
new or different information they have received, and havenote information that may
significantly influenced their preliminary views or opinions about the item. The dDisclosures
may be oral or written and should explain the substance of the contact so that the project
applicant, other Council members, interested parties, and the public will have an
opportunity to learn of the factors influencing the Council's decision and tohave an
opportunity attempt to controvert or rebut any such factor during the hearing. Disclosure
alone will not be deemed sufficient basis for a request to continue the item. A contact or the
disclosure of a contact shall not be deemed grounds for disqualification of a Council Member
from participation in a quasi-judicial matter unless the Council Member, in consultation with
the City Attorney, determines that the nature of the contact is such that it is not possible for
the Council Member to reach an impartial decision on the item.
6) No Contacts after Hearings
Following closure of a quasi-judicial hearing, and prior to a final decision, Council
Members will refrain from any contacts pertaining to the item, other than clarifying questions
directed to City staff.
7) Written Findings Required
On any matter for which state law or City ordinance requires the preparation of written
findings, the staff report and other materials submitted on the matter will contain findings
proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed
findings must include a statement of alternative or modified findings or a direction that the
matter under consideration be continued for a reasonable period of time in order for staff
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to prepare a new set of proposed findings consistent with the evidence which has been
presented and the decision which is anticipated.
8) Rules of Evidence
Council hearings need not be conducted according to formal rules of evidence. Any
relevant evidence may be considered if it is the sort of evidence upon which responsible
persons rely in the conduct of serious affairs. The presiding officer may exclude
irrelevant or redundant testimony and may make such other rulings as may be necessary
for the orderly conduct of the proceedings while ensuring basic fairness and full consideration
of the issues involved. Evidentiary objections shall be deemed waived unless made in a
timely fashion before the Council.
9) Council Members Who are Absent During Part of a Hearing
A Council member who is absent from any portion of a hearing conducted by the Council
may vote on the matter provided that he or she has watched the video record of the entire
portion of the hearing from which he or she was absent and if she or he has examined all of
the exhibits presented during the portion of the hearing from which he or she was absent.
Council members who were absent should state for the record that they have reviewed the
proceedings and materials.
(b) Presenting at Quasi-Judicial Hearings
In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for
their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a
quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation
and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall
be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the
hearing is closed; however, each individual appellant shall be given a minimum of 5 minutes for
presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional
time is clearly established, the Presiding Officer shall independently, or may upon advice of the
City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or
appellant.
(c) Submittal of Materials Directly to Council
If Council Members receives planning application materials related to a quasi-judicial agenda item
matters they should notify the City Clerk and the City Manager as soon as possible so that the
materials can be placed in the official record and distributed to all Council members, parties to
the proceeding, staff and the public.
* * *
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SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL
5.1. Public Participation During City Council Meetings
Overview
The Council welcomes members of the public to participate in meetings through public comment
opportunities. It is the policy of the Council to assure that members of the public have the
opportunity to speak to any regular or special meeting agenda item before final action. These
rules are intended to enhance public participation and Council debate so that the best possible
decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government
and civil, intelligent public discourse. Open government meetings must allow everyone to be
heard without fear of cheers or jeers. For these reasons, the Council takes these rules seriously.
Disruptive or unruly behavior in violation of the law can result in removal from the Council
meeting and/or arrest and prosecution.
(a) Access to Meetings
1) In-Person and Remote Participation
Council meetings are available in person in the Council Chambers and through an online
meeting platform. Members of the public are welcome to attend the meeting in person or
to join the online meeting platform.
2) Translators
Speakers may bring a translator as needed and will be allotted additional time, as
appropriate.
3) ADA Access
Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent
with law. Any provision of these rules may be modified if needed to provide reasonable
accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650-
329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org.
4)If found feasible by staff, members of the public could be ablemay be given the opportunity
to activate their personal video during their public comments.
(b) Summary of Rules for Public Participation
Every regular Council agenda has two different kinds of opportunities for the public to speak. The
first is during General Public Comment. The second is during the public comment or public hearing
portion of each agenda item.
1) General Public Comment
This part of the meeting is provided so that the public can speak to any subject that is in the
Council’s jurisdiction, when there is no item listed on the agenda on that topic. The Council
limits the total time to up to 30 minutes per meeting for General Public Comment. State law
does not permit the Council to act on or discuss an item raised at that meeting in General
Public Comment. , and Council members shall not enter into debate with speakers, but
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Council members may ask brief clarifying questions and may ask City staff to follow up on
any concerns raised.
2) Public comment or public hearing portion of each agenda Item
The Brown Act requires the opportunity for public comment on all listed agenda items,
except ceremonial items, procedural items (Agenda Changes and Deletions) and brief
announcements (City Manager Comments and Council Member Questions, Comments and
Announcements). Public comments or testimony must be related to the matter under
consideration.
(c) Time Limits
1) Individual Speakers
The presiding officer will announce the time that each speaker may use. The Council
generally allows 3 minutes per speaker, but a shorter time may be designated when there
are many speakers, or more , numerous items on the agenda, or items anticipated to be
lengthy. (For example, if there are fewer than 10 speakers, the presiding officer typically will
allow speakers would usually get 3 minutes to speak. Or Iif there are more than 10
speakers, then the presiding officer may choose to reduce the time for each speaker).
2) Spokesperson for a Group
When a group of people wishes to address the Council on the same subject matter, they
may designate a spokesperson to address the Council. Spokespersons are subject to the
same time limits as other speakers, except that spokespersons who are representing a
group of five or more people who have requested to speak and are verified as present in
the Council Chambers or online will be allowed 10 minutes and will, to the extent practical,
be called upon ahead of individual speakers. If the presiding officer reduces the speaking
time for individual speakers, the total speaking time for a spokesperson will also be reduced
as determined by the presiding officer.
(d) Gaining Permission to Speak
Any person who wants to make a spoken public comment on an item on the Council agenda can
do so if they are attending either in person or virtually. If attending in person, members of the
public should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff
presentation. Members of the public participating virtually should use the “raise hand” function
in the online meeting platform, or if participating via phone, hit *9 to notify the Clerk that they
wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so that
the speakers can be identified and organized in an orderly way.
All rUnless otherwise determined by the presiding officer, requests to speak will be
takenaccepted until approximately five (5) minutes after the staff presentation ends.
Approximately five (5) minutes before the end of the time when requests to speak will be
accepted, cutting off submission for the public to request to speak on an item, the presiding
officer will endeavor to announce the pending cut off time. presiding officer will endeavor to
announce the pending cut off time.
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(e) Public Decorum During Meeting
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and
required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in
order to assure a fair opportunity for everyone to participate in an open and civil setting.
1) No person, other than a Council member and the person having the floor, shall be
permitted to speak without the permission of the presiding officer.
2) All remarks should be addressed to the Council as a body and not to any individual
member or staff person.
3) No person, besides staff or the Council, shall enter the staff area of the Council dais without
the permission of the presiding officer or appropriate Council Appointed Officer.
4) The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the conduct
of a meeting; (2) Make threats against any person or against public order and security
while in the Council Chambers; (3) Use the Council Chambers during meetings for any
purpose other than participation in or observation of City Council Meetings.
Any Council Member may appeal the presiding officer’s decision on a decorum violation to the full
Council. Decorum violations are a misdemeanor and may lead to a person being removed from the
Council meeting. (PAMC sections 2.04.120, 2.04.150.)
(f) Record of Speakers
1) Persons wishing to address the Council within the meeting room, shall use the microphone
provided for the public. All public speakers, whether in person or virtual participants shall
and speak in a recordable tone, either personally or with assistance, if necessary.
2) Speakers are requested to state their name but cannot be compelled to do so as a
condition of addressing the Council.
(g) End of Public Comment After a Council Motion
Following the time for public input and once the matter is returned to the Council no person shall
address the Council without first securing the permission of the presiding officer to do so, subject to
approval of the City Attorney with respect to any hearing required by law.
* * *
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS
In order to facilitate open government, all Council Members should make decisions with the same
information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or
in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail
communications between Council members and staff on agenda-related items, including the following:
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6.1. Submit Questions on Council Agenda Items Ahead of the Meeting
In order to focus the Council meetings on consideration of policy issues and to maintain an open
forum for public discussion, questions which focus on the policy aspects of agenda items should be
discussed at the Council meeting rather than in one-on-one communications with staff prior to the
meetings. Any clarifications or technical questions that can be readily answered can be handled
before the meeting. Council members are encouraged to submit their questions on agenda items to
the City Manager or other appropriate Council Appointed Officer or City Manager by 5:00 p.m. the
Wednesday prior to the meeting so staff can be prepared to respond before or at the Council
meeting. If a staff report is incomplete by 5:00 p.m. Thursday, there will be an extension to submit
Council questions until 5:00 p.m. Friday. Council members are strongly discouraged from asking
questions already addressed in the staff report.
6.2. City Council emails for Agenda-Related Items Procedure
(a)Council members should direct any questions on staff reports and agenda items only to the City
Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk
should be directed to the appropriate Council Appointed Officer.
(b)Council members should submit questions on agenda items no later than 5 p.m. on the
Wednesday prior to the Council meeting at which the item will be discussed. Staff will make best
reasonable efforts to post written responses to timely-submitted questions by Thursday 5 p.m.
Any questions received after 5 p.m. on the Wednesday before the meeting may be responded to
via e-mail, or alternatively, will be responded to at the Council meeting.
(c)Staff will not engage in “dialogues” with individual Council members regarding questions;
however, follow-up questions to initial questions will be responded to at the Council meeting.
(d)Staff will give highest priority to responding prior to the Council meeting via e-mail only on items on
the Consent Agenda. Questions which address the policy aspects of the item on the Council
agenda will not be responded to prior to the meeting, although Staff welcomes such questions in
advance of the meeting in order to prepare for the Council and public discussion. Technical and
clarifying questions on non-Consent Calendar items will be responded to as time permits.
(e)If the staff will be responding to a Council members Consent Agenda question at the meeting
rather responding to the question via e-mail, Staff will inform the Council member as early as
possible after receipt of the question(s).
(f)Questions and all staff-prepared responses will be forwarded to all Council members as well as
post online for public review of Council agenda questions and staff responses. Staff will include
the name of the Council member posing the questions in the “subject” field of the e-mail
response.
(g)Copies of all Council member agenda questions and staff responses will be emailed to the Council
p and posted publicly on the meeting agenda. If staff responses are not released until the meeting
date, they will be provided in printed form at the dais.
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* * *
SECTION 7 – COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIESY SETTING GUIDELINES
(a)Guidelines for Selection of PrioritiesCouncil Values
In November 2022, the Council adopted a set of values as described here:
The Palo Alto City Council has universally sharedholds these values that to help guide our
decisions that and the work we do. These values include:
1)We will make decisions that bBalance revenues and expenses, now and in the future.
2)We will make decisions that aAre environmentally sustainable, now and in the future.
3)We will iIntegrate equity into our decisions, considering how decisions affect people
differently based on their identity or circumstances.
4)We will mMake decisions that create a healthy, safe and welcoming community for all.
5)We will sSafeguard public trust through transparent practices and open communication.
6)We eEmbrace innovation.
(b) Annual Council Prioritiesy Setting Guidelines
The following language is from the City Council Priority Setting Guidelines” document adopted by
the City Council on October 1, 2012.
Priorities Background and Definition
The City Council adopted its first Council priorities in 1986. Each year the City Council reviews its
priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the
definition of a Council priority, and the Council’s process and guidelines for selection of priorities.
There is a goal of no more than three to four priorities per year and priorities generally have a two-
to three-year time limit. Council can identify two to three specific objectives within a priority.
A Council priority is defined as a topic that will receive particular, unusual and significant attention
during the year. This varies from a Council value which is defined as an enduring goal and
intention to guide the work of the City Council. The values (shared above) allow the City Council
to maintain these enduring intentions while also selecting annual priorities that reflect shorter-
term projects and goals. The City Council Values are listed below.
Purpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize
time for discussion and decision making.
Process
In advance of the annual Council Retreat, staff will solicit input from the City Council on the
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priorities to be reviewed and considered for the following year.
1) Council members may submit up to three priorities.
2) Priorities should be submitted no later than December 1.
3) As applicable, the City Manager will contact newly elected officials for their input by
December 1.
4)The City Manager and the City Clerk will solicit for the public to share proposed priorities
prior to the Council retreat. The Policy and Services Committee shall recommend to the
Council which suggestions if any shall be considered at the City Council retreat.
5) Staff will collect and organize the recommended priorities into a list for Council
consideration and provide to Council in the packet for the City Council retreat.
6) If needed, the Policy and Services Committee, each year at its December meeting, shall
make recommendations about the process that will be used at the Annual Retreat paying
particular attention to the number of priorities suggested by Council members. The
recommended process is to be forwarded to Council for adoption in advance of the Council
retreat.
* * *
SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT
8.1. Commit to Annual Review of Important Procedural Issues (exist. Protocol 3.1)
At the beginning ofOnce each legislative year, the Council will review the Procedures and Protocols
Handbook. The Council will not politicize these procedural issues. hold a special meeting to review
the Council protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other
important procedural issues.
8.2. Don’t Politicize Procedural Issues
8.2. Enforcement (exist. Protocol Section 5)
Council members have the primary responsibility to assure that these protocols are understood and
followed, so that the public can continue to have full confidence in the integrity of government. As an
expression of the standards of conduct expected by the City for Council members, the protocols are
intended to be self-enforcing. They therefore become most effective when members are thoroughly
familiar with them and embrace their provisions. For this reason, Council members entering office shall
sign a statement affirming they have read and understood the Council protocols. In addition, the
protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary.
Under circumstances where Council members believe that actions by another Council member are
inconsistent with this Handbook and require formal review and potentially action, a public discussion
and censure are available steps for review and enforcement.
Should two or more Council members believe that actions by a Council member are inconsistent with
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this Handbook, a Colleagues Memo may be used as a method to schedule public discussion of the
matter at an upcoming City Council meeting. Based on the Council discussion, the matter may then be
closed or proceed to consideration of further steps including censure.
Censure is an official reprimand or condemnation made by Council in response to specified conduct by
one of its own members. Censure is disciplinary in nature, and requires the formal adoption of a
resolution setting forth the Council member’s alleged violations of law and/or policies. Censure may
require an investigation, and must protect the due process rights of the Council member. Censure
carries no fine or suspension of the rights of the Council member as an elected official but a censure is
a punitive action that serves as a punishment for wrongdoing.
Through a Colleagues Memo, Council members may request a formal censure action be placed on a
Council agenda. The City Clerk shall provide notice of the possible censure to the Council member who
is the subject of the action. The notice shall contain the specific charges on which the proposed
censure is based and the date and time that the matter will be heard. Upon hearing the testimony, the
Council may take action by resolution setting forth its findings and stating the terms of the censure.
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PART II: CITY COUNCIL PROTOCOLS
The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable
local government, which has earned the public’s full confidence for integrity. To this end, the City Council
has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public
confidence in the integrity of local government and its effective and fair operation.
SECTION 1 – CITY COUNCIL CONDUCT (exist. Protocol Section 2)
1.1. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment for
City employees and for citizens and businesses dealing with the City. Members shall recognize their
special role in dealings with City employees to in no way create the perception of inappropriate
direction to staff.
1.2. Comply with Law
Members shall comply with the laws of the nation, the State of California and the City in the
performance of their public duties. These laws include but are not limited to: the United States and
California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns,
financial disclosures, employer responsibilities and open processes of governments and City ordinances
and policies.
(a) Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established
by the City Council governing the deliberation of public policy issues, meaningful involvement of the
public and implementation of policy decisions of the City Council by City staff.
1.3. City Council Core Responsibilities (exist. Protocol Sec. 1)
All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes.
No Council Member has more power than any other Council Member, and all should be treated with
equal respect.
(a) All Council Members:
1) Demonstrate honesty and integrity in every action and statement
2) Comply with both the letter and spirit of the laws and policies affecting the operation of
government.
3) Serve as a model of leadership and civility to the community
4) Inspire public confidence in Palo Alto government
5) Work for the common good, not personal interest
6) Prepare in advance of Council meetings and be familiar with issues on the agenda
7) Fully participate in City Council meetings and other public forums while demonstrating
respect, kindness, consideration, and courtesy to others
8) Do not politicize procedural matters such as minutes approval or agenda order for strategic
purposes
9) Participate in scheduled activities to increase Council effectiveness
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10) Review Council procedures, such as these Council Protocols, at least annually
11) Represent the City at ceremonial functions at the request of the Mayor
12) Be responsible for the highest standards of respect, civility and honesty in ensuring the
effective maintenance of intergovernmental relations
13) Respect the proper roles of elected officials and City staff in ensuring open and effective
government
14) Provide contact information to the City Clerk in case an emergency or urgent situation
arises while the Council Member is out of town
1.4. General Member Conduct
Councils are composed of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve
the quality of life in the community. In all cases, this common goal should be acknowledged even as
Council may "agree to disagree" on contentious issues.
(a) Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the
appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal
attacks upon the character or motives of other members of the Council, boards and commissions,
the staff or the public. Rude and unprofessional behavior are also unacceptable. Council members
are expected to share factual information during meetings and within the public domain and
Council members should refrain from repeating false and misleading information.
(b) In Public Meetings (exist. Protocol 2.1)
1) Use Formal Titles
The Council should refer to one another formally during Council meetings as Mayor, Vice
Mayor or Council Member followed by the individual’s last name.
2) Practice Civility and Decorum in Discussions and Debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of a free democracy in action. Be respectful of diverse
opinions.
3) Honor the Role of the Presiding Officer in Maintaining Order and Equity
Respect the Chair's efforts to focus discussion on current agenda items. Objections to the
Chair's actions should be voiced politely and with reason, following the parliamentary
procedures outlined in the City Council Procedural Rules.
4) Demonstrate Effective Problem-Solving Approaches
Council members have a public stage to show how individuals with disparate points of view
can find common ground and seek a compromise that benefits the community as a whole.
Council members are role models for residents, businesspeople and other stakeholders
involved in public debate.
5) Be Respectful of Other People's Time
Stay focused and act efficiently during public meetings.
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(c) In Private Encounters
1) Treat Others as You Would Like to be Treated
Ask yourself how you would like to be treated in similar circumstances, and then treat the
other person that way.
1.5. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than on
unrelated considerations.
1.6. Advocacy
(a) Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear on
behalf of the private interests of third parties before the Council or any other board, commission or
proceeding of the City, nor shall members of boards and commissions appear before their own
bodies or before the Council on behalf of the private interests of third parties on matters related to
the areas of service of their bodies.
(b) Advocacy
Members shall represent the official policies or positions of the City Council, board or commission
to the best of their ability when designated as delegates for this purpose. When presenting their
individual opinions and positions, members shall explicitly state they do not represent their body or
the City, nor will they allow the inference that they do.
(c) Council Voting Delegate Authority at Conferences / Annual Meetings
The Council may authorize a Council member to act as the voting delegate at conferences or
meetings of other bodies, including, but not limited to, the League of California Cities annual
conference, National League of Cities conference, and the Association of Bay Area Governments
(ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting
delegate with specific direction on proposed resolutions and other matters. When provided specific
direction, the voting delegate’s authority is limited to matters on which the Council has directed the
delegate to vote. In the absence of explicit direction, when the Council member is aware of a prior
position the Council has taken, the Council member will adopt that position.
(d) Be Cautious in Representing City Positions on Issues
Before sending correspondence related to a legislative position, check with City staff to see if a
position has already been determined. When corresponding with representatives of other
governments or constituents remember to indicate, if appropriate, that the views you state are
your own and may not represent those of the full Council.
As a Council member, it is important to remember to indicate when the views you state are your
own versus views which represent those of the full Council. This is relevant whether sending
correspondence related to a legislative position or corresponding with constituents or
representatives of other governmental agencies or organizations.
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Council Members appointed to regional boards, commissions, or agencies shall stay informed of
any positions adopted by Council relevant to the jurisdiction of the Board and shall consider such
positions along with other pertinent information in carrying out their duties on the regional body.
In the case where a Council member is speaking publicly on an issue on which Council has taken a
position, and that Council member also the Council has appointed a Council member to serves on a
regional governing body that has also taken a position, to represent the interests of the entire
region, the Council member serving on that regional body should clearly state ifwhether they are
representingspeaking on behalf of the City or the regional or commission in their positionsbody.
(e) Use of City Letterhead
Official Mayor/City Council letterhead should only be used for correspondence signed by the Mayor
or City Council members when specifically directed by the Council or consistent with prior City
Council direction. This applies to the use of any stationery that could be interpreted as official
letterhead.
1.7. Council Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff,
which analyze problems and issues, make recommendations, and implement and administer the
Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect
for the contributions made by each individual for the good of the community.
(a) Treat All Staff as Professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual
is expected. As with your Council colleagues, practice civility and decorum in all interactions with
City staff.
(b) Channel Communications through the Appropriate Senior City Staff
Questions of City staff should be directed only to the City Manager, Assistant City Manager, City
Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or
Department Heads. The Office of the City Manager should be copied on any request to Department
Heads. Council members should not set up meetings with department staff directly, but work
through Department Heads, who will attend any meetings with Council members. When in doubt
about what staff contact is appropriate, Council members should ask the City Manager for
direction. However, nothing in these protocols is intended to hinder the access Council-appointed
liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique
responsibilities.
(c) In order to Facilitate Open Government, All Council Members Should Make Decisions with the
Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative
Agenda or in a Council Committee)
(d) Never Publicly Criticize an Individual Employee, Including Council Appointed Officers.
Criticism is differentiated from questioning Facts or the opinion of staff. All critical comments about
staff performance should only be made to the City Manager through private correspondence or
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conversation. Comments about staff in the office of the City Attorney, City Auditor or City Clerk
should be made directly to these CAOs through private correspondence or conversation.
(e) Do Not Attend Staff Meetings Unless Requested by Staff
Even if the Council member does not say anything, the Council member’s presence may imply
support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively.
(f) Depend upon the Staff to Respond to Citizen Concerns and Complaints
It is the role of Council members to pass on concerns and complaints on behalf of their constituents.
It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen
complaints to the appropriate senior staff member, according to the protocol on channeling
communications. The senior staff member should respond according to the Policy and Procedure
for Responding to Customer Complaints. Senior staff is responsible for making sure the Council
Member knows how the complaint was resolved.
(g) Do not Solicit Political Support from Staff
The City Charter states that “Neither the city manager or any other person in the employment of
the city shall take part in securing or shall contribute any money toward the nomination or election
of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and the
Assistant City Manager) have professional codes of ethics, which preclude politically partisan
activities or activities that give the appearance of political partisanship. Council members should
avoid any staff interactions that may be construed as trying to shape staff recommendations to be
presented to the Council as a whole. shall refrain from coercing staff in making recommendations
to the Council as a whole.
(h) Use of Public Resources
Council Mmembers shall not use public resources, such as City staff time, equipment, supplies or
facilities, for private gain or personal purposes.
1.8. Use of Staff Time
(a) Do Not Get Involved in Administrative Functions (exist. Protocol 2.3 E)
The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal
Code:
“Neither the council nor any of its committees or members shall direct, request or attempt to
influence, either directly or indirectly, the appointment of any person to office or employment by
the city manager or in any manner interfere with the city manager or prevent the city manager from
exercising individual judgment in the appointment of officers and employees in the administrative
service. Except for the purpose of inquiry, the council and its members shall deal with the
administrative service solely through the city manager, and neither the council nor any member
thereof shall give orders to any of the subordinates of the city manager, either publicly or privately.”
(b) Respect the “One Hour” Rule for Staff Work
Requests for staff support should be made to the appropriate senior staff member, according to the
protocol for channeling communications. Any request, which would require more than one hour of
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staff time to research a problem or prepare a response, will need to be approved by the full council
to ensure that staff resources are allocated in accordance with overall council priorities. Once
notified that a request for information or staff support would require more than one hour, the
Council Member may request that the City Manager place the request on an upcoming Council
agenda. The 1-hour rule applies to all Council members equally.
* * *
SECTION 2 - CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS
The City has established several Boards and Commissions as a means of gathering more community input.
Citizens who serve on Boards and Commissions become more involved in government and serve as
advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated
with appreciation and respect. Council members serve as liaisons to Boards and Commissions, according
to appointments made by the Mayor, and in this role are expected to represent the full Council in
providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for
the full Council on matters for which the full council has not yet taken a policy position. In other
instances, Council members may attend Board or Commission meetings as individuals, and should follow
these protocols:
2.1.If Attending a Board or Commission Meeting, Identify Your Comments as Personal
Views or Opinions.
Council members may attend any Board or Commission meeting, which are always open to any
member of the public. Any public comments by a Council Member at a Board or Commission
meeting, when that Council Member is not the liaison to the Board or Commission should make a
point to clearly state it is an individual opinion and not a representation of the feelings of the entire
City Council.
2.2. Refrain from Lobbying Board and Commission Members
It is inappropriate for a Council member to contact a Board or Commission member to lobby on
behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is
acceptable for Council members to contact Board or Commission members in order to clarify a
position taken by the Board or Commission.
2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual
Council Members
The City Council appoints individuals to serve on Boards and Commissions, and it is the
responsibility of Boards and Commissions to follow policy established by the Council. Council
members should not feel they have the power or right to unduly influence Board and Commission
members. A Board and Commission appointment should not be used as a political reward.
2.4. Concerns about an Individual Board or Commission Member Should be Pursued with Tact
If a Council member has concerns with a particular Board or Commission member fulfilling his or her
roles and responsibilities and is comfortable in talking with that individual privately, the Council
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member should do so. If needed, the Councilmember may involve a Chair of a commission or the
liaison to the commission if there is one. Alternatively, or if the problem is not resolved, the Council
Member should consult with the Mayor, who may address the issue to the Council as appropriate.
2.5. Be Respectful of Diverse Opinions
A primary role of Boards and Commissions is to represent many points of view in the community and
to provide the Council with advice based on a full spectrum of concerns and perspectives. Council
members may have a closer working relationship with some individuals serving on Boards and
Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions.
2.6. Keep Political Support Away from Public Forums
Board and Commission members may offer political support to a Council member, but not in a public
forum while conducting official duties. Conversely, Council members may support Board and
Commission members who are running for office, but not in an official forum in their capacity as a
Council member.
2.7. Maintain an Active Liaison Relationship
Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of
their assigned Board or Commission.
2.8. Role of Council Liaison to Board or Commission
The role of Council liaison to a Board or Commission is to share prior Council discussions and actions
on issues as applicable, and assist the Board or Commission in understanding likely Council
perspectives on issues as well as how the Board or Commission might support Council decision-
making.
* * *
SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL
3.1. Respond to Council Questions as Fully and as Expeditiously as is Practical
The protocol for staff time devoted to research and response is in application here. If a Council
Member forwards a complaint or service request to a department head or a Council Appointed Officer,
there will shall be follow-through with the Council Member as to the outcome.
3.2. Respect the Role of Council Members as Policy Makers for the City
Staff is expected to provide its best professional recommendations on issues. Staff should not try to
determine Council support for particular positions or recommendations in order to craft
recommendations. The Council must be able to depend upon the staff to make independent
recommendations. Staff should provide information about alternatives to staff recommendations as
appropriate, as well as pros and cons for staff recommendations and alternatives
3.3. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in
Public Meetings
3.4. It is Important for the Staff to Demonstrate Respect for the Council at all Times
All Council members Should be Treated Equally
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* * *
THIS SECTION UNDER REVIEW To be
reviewed in 2023
SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND
MISCELLANEOUS EXPENSE REIMBURSEMENT
4.18. Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional
expenses of these offices.
4.210. Miscellaneous Expenditures
(a) New Language: Miscellaneous Expenditures Expenditure of City Council Contingency Funds
Requests for Eexpenditure of Council Contingency Funds up to $10,000 should be made to the Mayor
and Vice Mayor. Where the requires agreement of the Mayor and Vice Mayor agree with the request,
it will be along with notification of the Council at a public meetingannounced during Council Member
Questions, Comments and Announcements. The expenditure will be considered approved Ifunless
two or more Council members request additional information or discussion, in which case the
expenditure the allocation and do not receive Council approval, it wouldwill be agendized at a future
meeting. Expenditures over $10,000 require action by Council motions, which shall be by Colleagues
Memo placed on Consent, or as part of an agendized item.
(b) City Purchase of Tickets or Sponsorship of Non-Profit Organization Events
The City Manager may purchase tickets or sponsor events by non-profit organizations, subject to
budget availability, under any of the following circumstances:
1) where the event serves a City educational purpose,
2) recognition for work done by staff (not including elected or appointed officials), or
3) expending budget allocations specifically intended for event attendance.
(c) Expenditure for Annual Holiday Event
Expenditures of up to $1,500 from the Council Special Events budget may be directed to be expended
from an annual holiday celebration, subject to budget availability for attendance by Council members,
executive leadership staff, and community leaders. Event details will be coordinated by the Mayor
and facilitated by staff.
4.3 Council and Boards and Commission Travel Policy
Council member travel expenses and reimbursements will adhere to the Citywide Travel Arrangements and
Expense Reimbursement Policy (Administrative Policy 1-02/ASD)
This policy is set by the City Council and applies to Council members and to Board and Commissions
members. , 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
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accordance with the Charter and Municipal Code, such expenditures must be from authorized
appropriations. Council members are limited to six (6) times per year for travel reimbursements, subject
to budget availability. Council member travel will be approved by the Mayor.
(a) Support Services
The City Clerk’s Office makes travel arrangements for Council members. This service includes
conference registration, hotel reservations, per diem advances and reimbursement of unforeseen
expenses. The department liaison for each board and commission will be responsible for
arrangements for Officials.
(b) Activities Not Considered Reimbursable
1) Voluntary attendance at any conference or meeting, not representing the City.
A) Meetings of social or service organizations.
2) Meetings of voter groups or with individual citizens concerned with agenda items.
3) Election campaign activities.
4) Alcohol and entertainment expenses.
5)Personal portion of the trip and other non-mileage automobile expenses.
(c) Reports to Council
Council members and officials shall provide brief verbal reports on meetings attended at the City’s
expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a
joint report may be made. All related documents are subject to the Public Records Act and can be
periodically reviewed by auditors.
(d) Violation of This Policy
Use of public resources or falsifying expense reports is in violation of this policy and may result in
any or all of the following:
1) Loss of reimbursement privileges
2) A demand for restitution to the City
3) The City reporting the expenses as income to the elected or appointed Official to state and
federal tax authorities
4) Civil penalties of up to $1000 per day and three times the value of the resources used
5) Prosecution for misuse of public resources
4.1. Eligible Activities
The following activities (“Eligible Activities”) are recognized by the Council as advancing
municipal purposes and are eligible for expense reimbursement, subject to limitations on
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activities and specific and total expenditures described elsewhere in this policy:
(a) Communicating with representatives of regional, state and national government on adopted city
policy positions;
(b) Attending educational seminars designed to improve officials’ skill and information levels;
(b)Participating in regional, state and national organizations whose activities affect the City’s interest;
(d) 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.
4.2. Out-of-Town Conferences or Meetings
(a) Reimbursement
All payments for travel and meetings shall be on the basis of either reimbursement of expenses
advanced by the Council Member/Official or payments made directly to travel agencies/websites,
hotels, airlines or the organization sponsoring the meeting. All requests for payments or
reimbursements must be accompanied by invoices or paid detailed receipts and a copy of
descriptive literature about the conference or meeting. The City Clerk, Mayor or Chair for Officials
must approve, in advance, individual travel requests for out-of-town meetings and conferences,
e.g., Annual League of California Cities Conference, National League of Cities Conference, etc.,
including Eligible Activates.
Allowable expenses for local or Bay Area Eligible Activates do not require prior approval by the
Mayor or Chair.
The total reimbursement shall not exceed the budget adopted by the Council for this purpose.
All reimbursements shall comply with the limits of Policy and Procedures 1-02 (Citywide Travel
Policy).
Expense reports should be submitted within 30 days of end of trip. Inability to provide such
documentation in a timely fashion may result in expense being borne by the Council Member or
Official.
1) Meals
The City will provide a per diem (“per day”) allowance for meals and incidentals to Council
members or Officials who are approved to travel overnight for official City business. Council
members or Officials will receive a flat rate for meals and will not be required to submit
receipts.
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The per diem rate varies and is dependent on the destination of travel. The rates for the
various travel destinations are available on the U.S. General Services Administration website
(http://www.gsa.gov/portal/content/104877). When meals are provided at an event, the
value of that meal will be deducted from the daily per diem rate. Travelers will receive 75%
of the daily per diem amount on days requiring transportation to and from the location (i.e.,
departure day and return day) regardless of departure and arrival times. Meals provided on
days of travel shall be deducted at full-value.
(b) Lodging Expense
Council members or Officials shall select single occupancy, standard, non-deluxe accommodations
and should stay at hotels offering economical lodging rates. When possible, travelers attending a
conference or seminar should stay at conference hotels, which offer a negotiated rate.
The City will not reimburse any cost related to the extension of a hotel stay beyond the time
necessary to complete the event. An out-of-state trip involving cross-county travel may require
hotel accommodations both before and after the conference or training.
Within California and adjoining states, an extra night’s hotel stay should not be necessary if flight
arrangements can be made the same day.
The use of hotels is restricted to cities located beyond 50 miles (one-way) from the City of Palo alto
or the traveler’s residence (whichever is shortest). For example, if the destination is Sacramento and
you live in Palo Alto (118 miles) or Oakland (81 miles), you would qualify for a hotel (and per diem
for meals). However, if you live in Vacaville (35 miles) or Lodi (36 miles) you would not qualify for a
hotel.
Expenses incurred for guests of the traveler and the like are not reimbursable.
Incidental expenses related to City business shall be reimbursed at cost as supported by submitted
receipts. Incidental expenses may include hotel parking charges, Internet connection services, and
telephone charges.
The actual costs for parking will be reimbursed when approval to use a personal vehicle or rental
car is obtained in advance. Council members or Officials should use the lowest cost alternative for
parking within a reasonable area from the destination. Internet connection services purchased to
conduct City business are reimbursable. Other charges on the hotel bill, such as pay-TV movies,
cleaning, laundry, room service charges or charges for additional guests are not reimbursable.
(c) Transportation
1) Air Transportation
Council members or Officials shall fly economy class on the lowest flight available for the
most direct route to the final destination, which could reasonably include scheduled
layovers. Council Members or Officials are encouraged to make air reservations as early as
feasible to obtain the greatest discount and to consider the use of alternate but nearby
airports to take advantage of the lowest fares. Extension of the trip to cover a weekend
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stay to obtain a lower airfare does not entitle the Council Member or Official to be
reimbursed for the extra day’s hotel.
Council members or Officials may use City travel to qualify for frequent flyer credits, but the
selection of an airline for a given trip shall not be made for the purpose of accumulating
such credits. Council members or Officials that choose to use their personal frequent flyer
miles for City business shall not be reimbursed for the value of the tickets. If the airline
charges for all checked baggage, the City will cover the cost for one checked bag only.
Excess baggage charges are not reimbursable.
2) Rental Cars
Rental cars shall be approved if other ground transportation, such as shuttles or taxis, is
more expensive during the stay at the destination. Only economy or compact car models
may be rented unless an upgrade is provided by the rental agency at no additional cost.
Because the City is self-insured, Council members or Officials should decline any additional
insurance offered by the rental company. Council members or Officials must also decline
the Fuel Purchase Options (which allows for prepayment of a gas tank refill) and shall
refuel prior to returning the rental car. Rental car options such as GPS devices and any
other extra optional charges are not reimbursable.
The use of a rental car, in lieu of a private auto, to travel to and from an out-of-town event
will be reimbursed either at the current IRS mileage rate or the car rental cost apportioned
for the number of days used for City business, whichever is less.
3) Private Automobiles
Private automobiles may be used for personal or group transportation on extended trips.
Reimbursement shall be made at the current IRS mileage rate. The distance to be
reimbursed shall be measured from the place of work and from the employee’s home,
and the calculated mileage reimbursement shall be based upon which of the two distances
is shorter. Mileage reimbursement for private automobiles shall not exceed the cost of
roundtrip air transportation (economy class) for a reservation made at least seven days in
advance of the trip.
4.3. Local or Bay Area Activities
Council members or Officials who have been requested or designated to represent the City may
receive the actual cost of:
(a) Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings.
(b) Registration fees where applicable.
(c) 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
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and Procedures 1-02.
(c)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.
4.4. Other Expenses
Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and related
expenses are eligible for reimbursement.
4.5. Activities Not Considered Reimbursable
(a) Voluntary attendance at any conference or meeting, not representing the City.
1) Meetings of social or service organizations.
(b) Meetings of voter groups or with individual citizens concerned with agenda items.
(c) Election campaign activities.
(d) Alcohol and entertainment expenses.
(e) Personal portion of the trip and other non-mileage automobile expenses.
4.6. Reports to Council
Council members and officials shall provide brief verbal reports on meetings attended at the City’s
expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint
report may be made. All related documents are subject to the Public Records Act and can be
periodically reviewed by auditors.
4.7. Violation of This Policy
Use of public resources or falsifying expense reports is in violation of this policy and may result in any
or all of the following:
i.Loss of reimbursement privileges
ii.A demand for restitution to the City
iii.The City reporting the expenses as income to the elected or appointed Official to state and
federal tax authorities
iv.Civil penalties of up to $1000 per day and three times the value of the resources used
v.Prosecution for misuse of public resources
4.8. Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional
expenses of these offices.
4.9. Support Services
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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.
4.10. Miscellaneous Expenditures
(a) New Language: Miscellaneous Expenditures
Existing Language
None
Proposed New Language (updated after Dec. 13 P&S Discussion)
X.1 Expenditure of City Council Contingency Funds
Expenditures from the City Council Contingency budget must be directed by Council motion, either via
a colleagues memo or as part of an agendized item.
X.2 City Purchase of Tickets or Sponsorship of Non-Profit Organization Events
the City Manager may purchase tickets or sponsor events by non-profit organizations, subject to
budget availability, under any of the following circumstances:
1) where the event serves a City educational purpose,
2) recognition for work done by staff (not including elected or appointed officials), or
3) expending budget allocations specifically intended for event attendance.
x.3 Expenditure for Annual Holiday Event
Expenditures from the Council special event budget may be directed to be expended for an annual
holiday celebration, subject to budget availability for attendance by Council members, executive
leadership staff and community leaders. Event details will be coordinated by the Mayor and facilitated
by staff.
* * *
SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors
Members shall respect the confidentiality of information concerning the property, personnel or affairs of
the City. They shall neither disclose confidential information without proper legal authorization, nor use
such information to advance their personal, financial or other private interests. There are many State laws
regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised
of and comply with State law on these topics.
Resource Links to be added here.
DRAFT – April 13, 2023
1
CITY COUNCIL
PROCEDURES AND
PROTOCOLS HANDBOOK
DRAFT as of April 13, 2023
(Clean)
Concepts Approved on January 30 and March 20, 2023 with
direction to cleanup
Procedures and Protocols Approved xx/xx/2023
with New Table of Contents
If you have any questions about this handbook, please feel
free to contact the City Clerk by phone at (650) 329-2571
and e-mail at city.clerk@cityofpaloalto.org or the City
Attorney by phone at (650) 329-2171 and e-mail at
city.attorney@cityofpaloalto.org.
DRAFT – April 13, 2023
2
TABLE OF CONTENTS
(note: page numbers and exact section names may be off; will be updated
after Council review on April 24)
SECTION TOPIC PAGE
Introduction Purpose of the Manual 4
PART I CITY COUNCIL PROCEDURES 5
1 City Council Organization and Structure 5
1.1 Annual Organization of City Council 5
1.2. Council Committees 5
1.3 Respect the Work of the Council Standing Committees 9
2 General Procedures for City Council Meetings 9
2.1 Meeting Schedules, Agendas and Supporting Materials 9
2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the
Council Meetings
10
2.3 Attendance Procedures 11
2.4 Colleagues Memos 15
3 City Council Meeting Order of the Agenda 15
3.1 Call to Order 16
3.2 Closed Sessions 16
3.3 Study Sessions 18
3.4 Special Orders of the Day 18
3.5 Agenda Changes, Additions, and Deletions 18
3.6 General Public Comment 18
3.7 Consent Agenda 19
3.8 City Manager Comments 21
3.9 Action Items 21
3.10. Council Member Questions, Comments and Announcements 21
3.11. Adjournment 21
4 Procedures At City Council Meetings 21
4.1 Council Motion and Voting Processes throughout the Agenda 21
4.2 Motion Procedures 22
4.3 Voting and Debate of Agenda Items 25
4.4 Public Hearings 27
5 How the Public Engages with the City Council 30
5.1. Public Participation During City Council Meetings 30
6 City Council Questions on Agenda-related Items 32
6.1 Submit Questions on Council Agenda Items Ahead of the Meeting 33
6.2 City Council emails for Agenda-Related Items Procedure 33
7 Annual Council Priority Setting Guidelines 34
8 Procedures And Protocols Review and Enforcement 35
8.1 Commit to Annual Review of Important Procedural Issues 35
8.2 Don’t Politicize Procedural Issues 35
8.3 Enforcement
35
DRAFT – April 13, 2023
3
PART II CITY COUNCIL PROTOCOLS 37
1 City Council Conduct 37
1.1. Positive Workplace Environment 37
1.2. Comply with Law 37
1.3. City Council Core Responsibilities 37
1.4. General Member Conduct 38
1.5 Decisions Based on Merit 39
1.6 Advocacy 39
1.7 Council Conduct with City Staff 39
1.8 Use of Staff Time 41
2 City Council Conduct with Palo Alto Boards and Commissions 42
2.1 If Attending a Board or Commission Meeting Identify Your
Comments as Personal Views or Opinions
42
2.2 Refrain from Lobbying Board or Commission Members 42
2.3. Remember that Boards and Commissions are Advisory to the
Council as a Whole, Not Individual Council Members
42
2.4 Concerns about an Individual Board or Commission Member Should
be Pursued with Tact
42
2.5 Be Respectful of Diverse Opinions 42
2.6 Keep Political Support Away from Public Forums 43
2.7 Maintain an Active Liaison Relationship 43
2.8. Role of Council to Board or Commission 43
3 Staff Conduct with City Council 43
3.1 Respond to the City Council as Fully and as Expeditiously as Possible 43
3.2 Respect the Role of Council members as Policy makers for the City 43
3.3. Demonstrate Professionalism and Non-Partisanship in All
Interactions with the Community and in Public Meetings
43
3.4. It is Important that Staff Demonstrate Respect for the Council at All
Times. All Council Members Should Be Treated Equally.
43
4 City Council and Boards and Commissions Policy for Travel and
Miscellaneous Expense Reimbursement
44
4.1 Eligible Activities 44
4.2 Out-of-Town Conferences or Meetings 44
4.3 Local or Bay Area Activities 47
4.4 Other Expenses 47
4.5 Activities Not Considered Reimbursable 47
4.6 Reports to Council 47
4.7 Violation of this Policy 47
4.8 Mayor and Vice Mayor Additional Compensation 48
4.9 Support Services 48
4.10 Miscellaneous Expenditures 48
5 Confidentiality, Conflicts of Interest, Gifts And Favors 48
City Council Protocols and Procedures Handbook
4
Introduction
The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through
which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption
of the Handbook is requirement of the Palo Alto Municipal Code:
Municipal Code 2.04.100 – Handbook of procedural rules
The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the
conduct of meetings and hearings for the council and its standing committees, including but not
limited to agenda requirements, the order of business, rules of order, rules of evidence, closed
session procedures and rules for public participation in meetings. The handbook of procedural
rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the
basis for challenge to or invalidation of any action of the council, nor shall they be construed to
create any independent remedy or right of action of any kind.
The handbook is organized in two parts:
Part I: City Council Procedures
This section explains the process through which work is done and basic rules for City Council
meetings including public participation guidelines.
Part II: City Council Protocols
This section explains conduct guidance for the City Council.
If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State
or Federal law, the Charter, Code, or State or Federal law shall govern.
City Council Protocols and Procedures Handbook
5
PART I: CITY COUNCIL PROCEDURES
SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE
1.1. Annual Organization of City Council
The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as
Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060
provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each
year. Nominations may be made by any Council member and do not require a second.
1.2. Council Committees
(a) Standing Council Committees
Policy
It is the policy of the Council to use standing committees in open and public meetings to study City
business in greater depth than what is possible in the time allotted for Council meetings.
Purpose
These rules are intended to enhance public participation and committee meetings so that the best
possible decisions can be made for Palo Alto.
General Requirements
Council standing committees shall be subject to the following procedural rules:
1) Quorum
A majority of the committee membership shall constitute a quorum.
2) Referrals
Only the Council or City Manager shall make referrals to the standing committees.
Referrals will generally be directed to only one of the standing committees.
Items may be withdrawn from the committee and taken up for consideration by the Council
at any Council meeting with the consent of a majority of the Council, and subject to any
applicable noticing or agenda-posting requirements.
3) Attendance by Nonmembers
As required by the Brown Act, Council members who are not on a committee may attend
the committee meeting but only as an observer; they may not speak or otherwise
participate in the committee meeting.
If Council wishes to allow members who are not serving on the committee to speak, the
meeting should be noticed as a meeting of the full Council, and all Council procedural
requirements will apply.
City Council Protocols and Procedures Handbook
6
4) Function of committees
The purpose and intent of committee meetings is to expedite Council action by providing
more thorough and detailed discussion and study of prospective or current Council agenda
items with a full and complete airing of all sentiments and expressions of opinion on City
problems by both the committee and the public. Actions of the committee shall be
advisory recommendations only except as to matters delegated to the committee by
Council.
5) Minutes and Report of Committee
The City Clerk shall be responsible for the preparation and distribution to the Council of the
minutes of standing committee meetings. The minutes for these meetings shall be action
minutes which reflect the motions made during these meetings. The minutes of each
committee meeting serve as the report to the Council and should be included, as
appropriate, in subsequent relevant staff reports.
6) Agenda
The presiding officer of each standing committee shall work with staff to prepare the agenda for
committee meetings. Items should be scheduled as they are ready, taking into account the
sequence of referral, the time required for staff research and analysis to support
committee discussions, the time-sensitivity of items, and other factors as determined by
the chair and City Manager.
7) Public Participation at Committees
The presiding officer shall determine the time that each speaker is allotted during general
public comment and public comment on agendized items. The chair will typically set
individual speaker speaking time at 3 minutes per speaker. If extended public participation
is desired the chair may provide for a longer period; if there are a large number of
speakers or many agenda items, speaking time may be shortened.
8) New Standing Committees
Council may establish new standing committees as needed.
(b) Policy and Services Committee
The Municipal Code states that the role of the Council Policy & Services Committee is to consider
and make recommendations on matters referred to it by the Council relating to parliamentary and
administrative procedures and policy matters pertaining to intergovernmental relations,
personnel policies, planning and zoning, traffic and parking, public work, and community and
human services. (§2.04.220).
(c) Finance Committee
The Municipal Code states that the role of the Council Finance Committee is to consider and make
recommendations on matters referred to it by the Council relating to finance, budget, financial
City Council Protocols and Procedures Handbook
7
audits, capital planning and debt. (§2.04.210).
(d) Council Appointed Officers (CAO) Committee
The CAO Committee meets on an as-needed schedule to address issues that Council has referred
to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City
Clerk and City Auditor. For example, the committee may be tasked with duties related to
performance evaluations, compensation, and the filling of vacancies.
(e) City Schools Liaison Committee
The City-Schools Liaison Committee is composed of two Council members and two members of the
Board of Education of the Palo Alto Unified School District. The committee’s purpose is to share
information, collaborate, and coordinate on issues related to Palo Alto’s school-aged children and
youth.
(f) Ad Hoc Committees
Policy
The Council may create Ad Hoc Committees on a limited basis where necessary to study City
business in greater depth than what is possible in the time allotted for Council and Standing
Committee meetings.
Purpose
These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees and to
set up guidelines for creation of Ad Hoc Committees.
General Requirements
Council Ad Hoc Committees shall be subject to the following procedural rules:
1) Definition of Ad Hoc Committee
An Ad Hoc Committee is a temporary advisory committee composed solely of less than a quorum
of members of the Council or any Council Standing Committee. The work of an Ad Hoc
Committee has a limited or single purpose. An Ad Hoc committee is not intended to be
perpetual but rather to be dissolved in a finite period time, once its specific task is
completed. By contrast, a Standing Committee has continuing subject matter jurisdiction
over a variety of related topics.
2) Brown Act
The procedural requirements of the Brown Act apply to all committees that have either:
(a) continuing subject matter jurisdiction over a matter or group of related matters; or (b)
a regular meeting schedule set by Council action. All Standing Committees are Brown Act
bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are
temporary bodies, formed for the purpose of addressing a limited or single purpose,
include only members of Council, and do not have a regular meeting schedule set by
Council action. When Council creates an Ad Hoc committee that is not a Brown Act body,
City Council Protocols and Procedures Handbook
8
Council may, at its discretion, direct that the committee follow Brown Act procedures.
3) Creation and Appointment
The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer
members of the Council to serve. In contrast, only the Council and not the Mayor alone can
create a Standing Committee. The Mayor makes appointments to Standing and Ad Hoc
Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or
him and its membership and stated purpose. The Clerk shall post this information on the
Council website. The City Manager shall prepare a report to Council about the anticipated
time commitment required for staff to assist the Ad Hoc Committee.
4) Duration
Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does
not complete its task by the end of the calendar year, it shall not continue unless reappointed
by the new Mayor in the following year.
5) Members
Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall
not include any other persons, including members of other legislative bodies.
6) Reporting
Ad Hoc Committees shall report their recommendations to the Council in the timeframe
directed by Council. Any Council Member may ask during ‘Council Member Questions,
Comments And Announcements’ that an updated Ad Hoc Committee report be placed on
an upcoming meeting agenda.
7) Termination of Ad Hoc Committee by Majority of Council
A majority of the Council may vote to terminate any Ad Hoc Committee following
placement of the issue on an agenda.
8) Conclusion
A public announcement shall be made any time the Ad Hoc Committee has concluded its work
and/or upon dissolution.
1.3. Respect the Work of the Council Committees
Council should respect the work of Council committees, as their purpose is to provide focused, in-
depth discussion of issues to help inform and expedite Council business. If a matter is taken forward
to the full Council for approval after receiving a unanimous vote at committee, the item will be placed
on the Consent Calendar, unless otherwise recommended by the committee, Mayor, City Attorney or
City Manager.
* * *
City Council Protocols and Procedures Handbook
9
SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS
The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This
purpose recognizes the value of establishing a community understanding of meeting procedures so that
broad public participation is encouraged. This purpose also recognizes that Council members must have a
common approach to the discussion and debate of City business so that meetings are both streamlined
and thorough.
These are guidelines, rather than rules. The Council intends that City staff and Council members will
follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency,
unfairness, or the promotion of form over substance.
In addition to Council-adopted guidelines, State law establishes a variety of mandatory meeting rules that
the City must follow in order to ensure open government and fair process, regardless of unusual
situations and consequences. (See Cal. Govt Code section 54950.)
2.1. Meeting Schedules, Agendas and Supporting Materials
(a) Meeting Schedules for Regular and Special Meetings
The City Council generally conducts two different kinds of meetings: regular meetings and special
meetings.
The Municipal Code provides that regular City Council meetings are conducted at City Hall on the
first three Monday nights of each month, except during the Council’s annual summer and winter
recesses, at 6 p.m.
The Council also schedules periodic special meetings, which are meetings on any day or time
other than the regular meeting time. This may include meetings on the regularly-scheduled first
three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday,
or meetings scheduled on any other day or time.
The Mayor or Council may call a special meeting on a minimum of 24 hours’ notice. Special
meetings need not be held at City Hall, as long as the alternate location is within the City. The
Council makes every effort to provide notice well in advance of 24 hours, especially when the
special meeting is for the purpose of conducting a Study Session.
(b) Posting of Agendas
Under the Brown Act, meeting agendas must be posted no later than 72-hours prior to regular
meetings and 24-hours prior to special meetings. It is City policy to make every effort to post the
agenda on Thursday, 11 days prior to Monday meetings, whether regular or special. Agendas are
posted in King Plaza by the elevators and are uploaded to the City Council web page.
(c) Supporting Reports and Materials
City Council Protocols and Procedures Handbook
10
It is City policy to make every effort to provide supporting reports and materials at the time the
agenda is posted. Typically, this will occur 11 days before the meeting. Materials that are not
available at the time of agenda posting will be distributed as soon as feasible before the meeting.
Materials that are distributed to a majority of Council will be made available to the public at the
same time, as required by law. Some materials, such as presentation materials or “supplemental
memoranda” (previously referred to as “at places” memoranda) may be distributed to Council
members and the public at the meeting.
(d) Late Submittal of Correspondence or Other Information Related to Planning Applications
In order to allow for adequate staff review and analysis and to ensure public access to information, all
plans, correspondence, and other documents supporting planning applications being heard by the
City Council must be submitted to staff not later than noon five (5) working days prior to the release
of the Council Agenda Packet. If any correspondence or other information is submitted after this
deadline to Council members or staff, and staff determines additional review is needed, staff will
reschedule the item for a future Council meeting.
If a Council member receives planning application materials from a project applicant, or receives
other significant material related to the application from any source, he or she shall notify the City
Clerk and the City Manager as soon as possible so that all relevant material can be entered into
the official record and made available to all parties and the public. At the meeting the City Council
may determine whether to continue or refer the item to the appropriate board and/or commission if
significant changes to a project or significant new information become known.
2.2. The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings
There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be
conducted, including review of approximate time allocation of Staff Report presentations and to
ensure adequate time for large complex items; 2) to identify any issues or questions that may need
greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in
building the agenda should be given to the potential length of the meeting and at what point items
of significant public concern may be heard.
The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor
are invited and expected to attend the pre-Council meetings with the City Manager, other CAOs, and
department managers. The Mayor and Vice Mayor’s role is to represent the interest of the entire
Council.
2.3. Attendance Procedures
(a) Attendance Required
Council members, the City Clerk, City Attorney, and City Manager, along with any other City
officers and department heads that have been requested to be present, shall take their regular
stations in the Council Chambers at the start of every scheduled meeting. The presiding officer will
ensure that each meeting will include at least one 10-minute break. The Council expects its members
to attend regularly and notify the City Clerk of any planned absences. The Council may levy fines of
up to $250.00 against Council members who willfully fail to attend meetings (PAMC section
City Council Protocols and Procedures Handbook
11
2.04.050).
(b) Remote Attendance of Council Members at Council and Committee Meetings
Council members are strongly encouraged to attend meetings in person. State law allows Council
members to attend meetings remotely by following the procedures outlined in Government Code
Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill
2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are described
below and are current as of the date of Handbook revision. If state law is subsequently amended,
the amended terms of State law will apply.
1) Number of Remote Appearances
Remote attendance shall be permitted not more than 3 five (5) times a year per legislative
body (for example, five times a year for full Council meetings and five additional times a
year for each Council committee). AB 2449 rules still apply which state that no more than
two meetings may be attended remotely during a calendar year for “just cause,” as
described below.
2) General Procedures for Appearing Remotely
Council members must follow mandatory procedures set forth in State law. At any meeting
where a Council member is attending remotely, the following requirements must be met:
(A) At least a quorum of the Council must participate from a singular physical location
within the City.
(B) The agenda must identify and include an opportunity for the public to attend and
directly address the council member through a call-in option, an internet-based
service option, and in-person at the location of the meeting.
(C) Council may not take action if there is an unresolved disruption to the meeting
broadcast or to the ability to take call-in or internet-based public comment.
If these above threshold requirements are met, the Council member attending remotely
must ensure they follow the procedures associated with either Standard Remote
Attendance or AB 2449 Remote Attendance.
3) Standard Remote Attendance Procedures
A Council member attending remotely using these procedures must ensure that:
(A) The meeting agenda identifies the remote attendance location and is posted at
that location in an area that is accessible and visible 24 hours a day for at least 72
hours prior to a regular meeting and 24 hours prior to a special meeting.
(B) The remote attendance location is open and fully accessible to the public, and
fully accessible under the Americans with Disabilities Act, throughout the entire
meeting. These requirements apply to private residences, hotel rooms, and
similar facilities, all of which must remain fully open and accessible throughout
the meeting, without requiring identification or registration.
City Council Protocols and Procedures Handbook
12
(C) The remote attendance technology used is open and fully accessible to all
members of the public, including those with disabilities.
(D) Members of the public who attend the meeting at the remote attendance
location have the same opportunity to address the Council from the remote
location that they would if they were present in Council Chambers.
(E) The remote attendance location must not require an admission fee or any
payment for attendance.
(F) If the meeting will include a closed session, the Council Member must ensure that
there is a private location available for that portion of the meeting. A private
location means a closed room such that no other person can hear any portion of
the closed session.
If the Council Member intending to follow the procedures of Standard Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not
participate in the meeting remotely using Standard Remote Attendance procedures.
4) Standard Remote Attendance Guidelines
(A) Five days written notice in advance of the publication of the agenda must be
given by the Council member to the City Clerk’s office about their intent to
participate remotely; the notice must include the address at which the remote
attendance will occur, and the address the Council packet should be mailed to, if
a hard copy is requested.
(B) The Council member is responsible for posting the Council agenda in the remote
location, or having the agenda posted by somebody at the location and
confirming that posting has occurred. The City Clerk will assist, if necessary, by
emailing, faxing or mailing the agenda to whatever address or fax number the
Council member requests; however, it is the Council member’s responsibility to
ensure that the agenda arrives and is posted. If the Council Member will need the
assistance of the City Clerk in delivery of the agenda, the fax number or address
must be included in the five-day advance written notice above.
(C) The Council Member must ensure that the location will be publicly accessible
while the meeting is in progress.
(D) The Council Member must state at the beginning of the Council meeting that the
posting requirement was met at the location and that the location is publicly
accessible and must describe the location.
5) AB 2449 Remote Attendance Procedures
A Council member attending remotely using these procedures must ensure that: The
Council member has either “just cause” or “emergency circumstances” that require remote
City Council Protocols and Procedures Handbook
13
participation, as required by AB 2449.
(A) Just cause.
i. “Just cause” is defined as:
a. a childcare or caregiving need of a child, parent, grandparent, grandchild,
sibling, spouse, or domestic partner that requires remote attendance,
b. a contagious illness that prevents in-person attendance,
c. a need related to a physical or mental disability which cannot be resolved
by a request for reasonable accommodation, or
d. travel while on the business of a state or local agency.
ii. Notice. A Council member with “just cause” to attend remotely must notify
the Council or Council committee and the City Clerk at the earliest possible
opportunity, including at the start of the meeting, of their need to
participate remotely and provide a general description of the
circumstances.
(B) Emergency Circumstances.
“Emergency circumstances” is defined asa physical or family medical emergency that
prevents a Council member from attending the Council meeting in person.
i. Notification and acceptance.
a. A Council member attending remotely due to “emergency circumstances”
must notify the Council or Council committee and the City Clerk at the
earliest possible opportunity.
b. The Council or Council committee must request a general description of the
circumstances relating to the council member’s need to appear remotely.
The description does not need to have more than 20 words, and the
Council member does not have to disclose any personal medical
information.
c. At the earliest opportunity available to it, the Council or Council committee
must, by a majority vote of its members, take action on the request to
approve or disapprove it. If the request does not allow sufficient time to
place it on the agenda for the meeting for which the request is made, the
legislative body must take action on the request at the beginning of the
meeting by majority vote.
(C) Disclosures. Council members attending remotely must publicly disclose at the
meeting before any action is taken whether any other individuals 18 years of age
or older are present in the room at the remote location with the member and the
general nature of the member’s relationship with the individual.
(D) Technology. Council members attending remotely shall participate using both
audio and visual technology.
City Council Protocols and Procedures Handbook
14
If the Council member intending to follow the procedures of AB 2449 Remote Attendance
determines that any or all of these requirements cannot be met, he or she shall not
participate in the meeting remotely using AB 2449 Remote Attendance procedures.
6) AB 2449 Remote Attendance Sample Scripts
At the start of the meeting, the Council member attending remotely may use the following
language to identify under which provision they are attending remotely:
Just Cause:
“I have just cause to attend this meeting remotely under AB 2449. I have not attended a
meeting remotely due to just cause more than once this calendar year. I have attended
[NUMBER] meetings remotely this calendar year. I must attend this meeting remotely
because…
1. “… I must provide caregiving to [RELATION].”
2. “… a contagious illness prevents me from attending in person.”
3. “… I have a need related to a disability which could not be accommodated at this
meeting.”
4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].”
“In this room, I am accompanied by…
5. “…no one over the age of 18.”
6. “…one or more individuals over the age of 18. They are [RELATION (e.g., my
spouse, coworker, medical provider)].”
Emergency Circumstances:
“Due to emergency circumstances, I request to attend this meeting remotely under AB
2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL
OR FAMILY] medical emergency I am facing requires my remote attendance because
[BRIEF DESCRIPTION].”
2) “In this room, I am accompanied by…
3) “…no one over the age of 18.”
4) “…one or more individuals over the age of 18. They are [RELATION (e.g.,
my spouse, coworker, medical provider)].”
2.4. Colleagues’ Memos
Council members may bring forward a colleagues’ memo on any topic to be considered by the entire
Council. A minimum of two Council members are required to place such a memo on the agenda,
reflective of the Council procedure requiring a motion and a second for consideration of a motion by
the Council. Up to three Council members may sign a colleague memo. To comply with the Brown
Act, three is the maximum number Council members who may discuss or sign onto a colleagues’
memo.
Prior to preparing a colleagues’ memo, Council members should consult with the City Manager to
determine whether the City Manager is able to address the issues as part of their operational
authority and within current budgeted resources. Colleagues memos should include a section drafted
by the City Manager that identifies any potential staffing or fiscal impacts of the contemplated action.
City Council Protocols and Procedures Handbook
15
Council members shall provide a copy of the proposed memo to the City Manager and City Attorney
prior to finalization. Completed Council colleagues’ memos should be provided to the City Manager,
City Attorney and City Clerk with as much advance notice as possible, to provide time for staff to
prepare the resource impact section and prepare the memo for placement on the agenda.
The Council will not take action on the night that a colleagues’ memo is introduced if it has any
implications for staff resources or current work priorities which are not addressed in the memo. The
Council will discuss the colleagues’ memo and refer it to a committee or direct the City Manager to
agendize the matter for Council action. Action may be taken immediately by the Council on colleagues’
memos where there are no resource or staffing implications, or where these implications are fully
outlined in the colleagues’ memo. The Brown Act requires that the public be fully informed of the
potential action by the Council when the agenda is published. In order to satisfy the Brown Act
requirements, the Council should consult with the City Attorney to ensure that the proposed title to
the colleagues’ memo contains all actions that the Council members want completed on the night of
the Council review.
Council members nearing the end of their term desiring to submit a colleagues’ memo should consider
submittal timing and steps needed in order to ensure Council discussion prior to the end of their term.
Staff will make best efforts to agendize such memos prior to the end of the Council term.
* * *
SECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order
described below, except as determined otherwise by the Mayor in consultation with the City Manager. In
setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in
the agenda-setting process if needed. The City Manager, with prior approval of the Mayor, is authorized to
designate upon the agenda items that shall be taken up first or at a specific time during the course of the
meeting (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a
majority vote of those present:
Call to Order
Special Orders of the Day
Study Session and/or Closed Session
Agenda Changes, Additions and Deletions
General Public Comment
City Manager Comments
Council Member Questions, Comments and Announcements
Consent Agenda
Items may be placed upon the consent calendar by any council-appointed officer whenever, in
such officer's judgment, such items are expected to be routinely approved without discussion or
debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as
City Council Protocols and Procedures Handbook
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one item.
Action Items
Adjournment
Items Considered After 10:30 p.m.: The Council makes every effort to end its meetings before 11
p.m. With that goal in mind, the Council generally does not start discussion of new matters after
10:30 p.m. Before 10 p.m. the Council will decide and announce whether it will begin consideration
of any agenda items after 10:30 p.m. and, if so, which specific items will be taken up.
3.1. Call to Order
The meeting can be called to order in recognition of a holiday or special designation to bring
awareness and show appreciation of that holiday or special designation. The Mayor will determine
such recognitions in consultation with the Manager, and dates will primarily originate from a
calendar adopted by the Council.
3.2. Closed Sessions
Closed sessions are the only part of a Council meeting that the public cannot attend though to the
public may make public comments before the start of the closed session. Council may meet in closed
session only as specifically authorized by State law. The most common types of closed sessions are
labor negotiations, litigation, employment issues, and real estate negotiations.
The Council will make a public report after the session where required by State or local law.
(a) Closed Session Requirements
1) Announcements Before Closed Sessions
The Mayor/City Clerk shall announce the item or items to be considered in closed session by
reference to the appropriate agenda number or letter, or in an alternate form that shall be
provided by the City Attorney.
2) Public Comments
Members of the public are permitted to make public comments on closed session matters.
The City Clerk shall be present in the open session to record Council attendance and any
statements made by the public or by the Council.
3) Vote to Go into Closed Session
The Council shall vote to go into closed session.
4) Attendance
The City Manager and City Attorney, or their designees, shall attend closed sessions unless it
is necessary to excuse them. Additional staff and consultants may attend, but only to the
extent that their attendance is necessary to support Council’s consideration of the item.
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5) Public Reports
State and local law require the Council to make a public report after a closed session when
certain kinds of actions are taken (PAMC section 2.04.030). Reports from closed sessions shall
be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City
representative as designated by the Council. Such designated person is the only individual
authorized to make public statements concerning the closed session.
It is the policy of the Council to inform the public of action taken in closed session to the
greatest extent possible. It is recognized, however, that the need for confidentiality is
inherent in closed sessions and that certain matters if revealed may be a detriment to the
results desired. The Council shall publicly report:
(A) any decision to appoint, employ, or dismiss a public employee and the roll call vote
thereon at its next public meeting;
(B) actions related to litigation and the roll call vote on such actions, unless the
report would, in the written opinion of the City Attorney for specifically stated
reasons, clearly jeopardize the City’s ability to effectuate service of process on one
or more unserved parties or impair the City’s ability to resolve the matter through
negotiation, mediation or other form of settlement. Notwithstanding the City
Attorney's written opinion, the Council may under any circumstance, by majority
vote, determine that it is in the City's best interests to disclose actions taken in
closed session related to litigation. The public report shall be given as soon as
possible, but no later than the next regular meeting, and shall include the vote or
abstention of every member present. The City Attorney’s written opinion shall be
made public, along with any action taken and any vote thereon, as soon as any
litigation is concluded. The City Attorney shall record any action and vote upon
such forms as the City Attorney may deem desirable;
(C) Other matters as required by law.
6) No Minutes
No minutes of closed sessions shall be kept. The City Attorney shall record the information
necessary to comply with State law and Municipal Code section 2.04.030.
7) Confidentiality
No person in attendance at a closed session may disclose the substance or effect of any
matter discussed during the session (PAMC section 2.04.040), except to the extent
authorized by a majority vote of Council or as required by a court.
3.3. Study Sessions
Study Sessions are agenda items during which the Council receives information about City business in
an informal setting. Study sessions are intended to be discussion items only. The Decorum rules still
apply to the behavior of the Council and public.
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(a) Study Session Procedures
1) Time
Special study sessions will be held as needed.
2) Topics and Process
Study sessions are intended to be conducive to in-depth factual presentations by City staff and
detailed questioning and brainstorming by Council on issues of significant interest. The
Council may discuss the material freely without following formal rules of parliamentary
procedure, and the shall have discretion to determine the appropriate process for
conducting the study session, including when public comment will be heard.
3) Public Participation
Members of the public are allowed to make public comments on study session matters at
the time directed by the presiding officer. The general rules of decorum apply.
4) No Action Taken
Staff may be directed to bring matters back for Council consideration at future meetings, as no
action can be taken.
3.4. Special Orders of the Day
Council may acknowledge a special appreciation for individuals or groups for achievements,
holidays (dates included in the annual Council-adopted calendar), etc., through the Special Order
of the Day. This can be done through:
- A certificate of recognition for individuals linked to a certain event or holiday
- Information read by Council members in honor of a group or individual
- A proclamation or resolution presented to a group or individual
- Informational presentation from a community group about their program.
3.5. Agenda Changes, Additions, and Deletions
(a) By majority vote, Council may change the order or delete an item from the agenda. Council may
not add items to the agenda except in cases of emergency as defined by State law.
(b) When the Council decides to reschedule business items, the business items will generally be
rescheduled as follows:
1) Items Rescheduled to a Date Uncertain
When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor
shall confer on an appropriate date to reschedule the item.
2) Items Rescheduled to a Date Certain
Council may reschedule an item to a specific future Council meeting.
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3.6. General Public Comment (see Section 5 on Public Participation for more details about “General Public
Comment”)
3.7. City Manager’s Comments
3.8 Council Member Questions, Comments, and Announcements (including reports on Boards,
Commissions, and Committees)
The purpose of this agenda item is to allow Council to briefly ask staff about matters upon which
Council has taken action or given direction, make general comments as a reference to staff on factual
matters of community concern, or make brief announcements in a manner consistent with
Government Code section 54952.2. If more than brief statements are desired, the item shall be
agendized for a future meeting in the manner otherwise provided by these Procedures, such as by the
City Manager or through a Colleagues Memo. Major policy issues and new assignments will not be
discussed or considered in this item. To the extent possible, Council will confer with staff before
raising matters under this agenda item. This agenda item will generally last up to 15 minutes and the
public may not comment.
3.9. Consent Agenda
The Consent Agenda is the section where items not anticipated to require discussion can be
presented and acted upon efficiently by Council. This generally includes administrative items;
implementation of policies and programs previously approved by Council, including contracts; and
other routine or non-controversial items. The Mayor and City Manager should be sensitive to high
dollar value contracts and consider placing those items in the action agenda section. The consent
section may include:
(a) Ordinances and Resolutions
The following ordinances and resolutions may appear on a consent calendar:
1) Second Reading (passage and adoption) of Ordinances.
2) Resolutions that are ceremonial in nature.
3) Ordinances or resolutions that implement a prior Council policy direction in the manner
contemplated by the Council's previous actions, in the Adopted Budget (including the
Capital Improvement Program and especially in the department key plans), the Council
Priorities, and other similar sources.
4) Budget amendments that accept funding such as grants or gifts, provided Council has
previously approved the activity or program.
5) Resolutions approving funding applications, such as grants or loans, provided that the
program or activity has been previously approved by Council.
6) Clerical amendments to local laws.
7) Conforming amendments to local laws that are required by State law, except items of
significant public interest.
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(b) Administrative Matters Including Contracts, Appointments, Approval of Applications, and Any
Other Matter
An administrative matter may be placed on the consent calendar if it is:
1) An action that is merely the administrative execution of previous Council direction. The
Council direction and vote will be quoted in the Staff Report accompanying the item.
2) Contracts for which the subject or scope of work has been previously reviewed by the City
Council.
3) A contract for goods, general services, professional services, public works projects, dark fiber
licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing
Ordinance, provided such contracts represent the customary and usual business of the
department as included in the Adopted Budget. Examples include routine maintenance
contracts, annual audit agreements software and hardware support agreements, janitorial
services, and copier agreements or postage machine agreements.
4) Designation of heritage trees.
5) Designation of historic building at the request of the property owner if there are no unusual
policy ramifications.
6) Approval of funding applications, such as grants or loans, provided that Council has
previously approved the general program or activity.
7) Items identified in the Municipal Code for placement on Consent. This includes, for
example, certain appeals of determinations of the Director of Planning and Development
Services.
8) Approval of minutes.
9) Referral of an item to a Standing Committee, Committee, Board, Commission, or Council
Appointed Officer.
10) Other similar matters as determined by the City Manager, in consultation with the Mayor.
(c) Items Unanimously Recommended for Approval by a Council Committee or Council-Appointed
Board or Commission, Unless Otherwise Recommended by the Committee/Commission, Mayor,
City Attorney or City Manager
Items recommended unanimously for approval by Council committees and Council-appointed
boards and commissions are generally placed on Consent, except as otherwise recommended by
the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as
required by law.
(d) Public Comment on Consent Agenda
Members of the public wishing to speak to items on the Consent Calendar shall be permitted to
speak prior to Council Member requests to remove an item or the vote to adopt the Consent
Calendar.
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(e) No Discussion or Debate; Voting; Recusals; Speaking to a No Vote
There shall not be discussion or debate on any item on the Consent agenda. A Council member
who needs to recuse themself from a Consent item shall inform the Mayor and make any public
disclosure that is required. The Clerk shall record the recusal on the item.
Any Council member may request that his or her vote be recorded as a "no" on any item or items
on the Consent agenda. Any Consent item not receiving the number of “yes” votes required for the
item is not approved.
Council members may explain their "no" votes at the end of the Consent Agenda, with 3-minutes
permitted for non-appeal items and 5 minutes for appeal items for each Council member. Council
members may also submit statements in writing to the City Clerk before action is taken. The City
Clerk shall preserve and make available such written statements in a manner consistent with the
Brown Act and shall assure that the minutes of the meeting make reference to the existence and
location of such written statements.
(f) Council Requests to Remove Items from Consent Agenda
Three Council members may request that an item be removed from the Consent Agenda except
where otherwise required by the Municipal Code. Under the Municipal Code, four votes are
required to remove a second reading of an ordinance from the Consent Agenda.
Removed items will be heard either later in the meeting or agendized for a subsequent meeting,
depending upon the number of speakers, the anticipated length of the items that have been
officially scheduled for discussion on a particular evening, the availability of staff required to
support the discussion, and legally- required noticing procedures. The Mayor, in consultation with
the City Manager, will decide when any removed items will be heard.
Council members who intend to request to remove an item should strive to inform the City
Manager’s office no later than noon the Sunday before the meeting. This is so that the Manager
can assess the operational impacts of rescheduling a removed item to a later agenda and, if
appropriate, can arrange for appropriate staff to attend Council to support consideration of the
item.
3.10. Action Items
3.12. Adjournment
* * *
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SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS
4.1. Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V)
(a) Motions, Debate & Voting
Policy and Summary of Rules
It is the policy of the Council to follow simplified rules of parliamentary procedure for motions,
debate and voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the
types of motions the Council can make and when those motions are properly used. See the
Summary Table below.
Purpose
The purpose of these rules to facilitate orderly and thorough discussion and debate of Council
business in order to create open respectful discussion and results that serve the public interest.
(b) Motions
A motion is a formal proposal by a Council member asking that the Council take a specified action. A
motion must receive a second before the Council can consider a matter. Motions may be provided to
the City Clerk in advance of the Council meeting so that the Clerk can efficiently post the motion on
the screen for the convenience of the community and Council members.
There are two types of motions; these are the “main” motion and any secondary motions. Only
one main motion can be considered at a time. The main motion is the first motion to be made and
receive a second. A secondary motion is described below which can be considered while a main
motion is pending.
4.2. Motion Procedures
(a) Main Motion Procedures
1) Get the Floor
A Council member should seek permission of the presiding officer before making a motion.
2) State the Motion
A motion is made by a Council member (the “maker”) stating his or her proposal. Longer
proposals can be written.
3) Second Required
Any other Council member (including the presiding officer) who supports the proposal (or
who simply wishes it to be considered) may “second” the motion without first being
recognized.
4) Motion Transcribed
The Clerk shall transcribe the motion so that Council members, the public and staff can read
it.
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5) Lack of a Second
If there is no second stated immediately, the presiding officer should ask whether there is a
second. If no Council Member seconds the motion the matter will not be considered.
6) Discussion
The maker shall be the first Council member recognized to speak on the motion if it receives
a second. The seconder shall be the second Council member to speak on the motion.
Generally Council members will speak only once with respect to a motion. If the presiding
officer or Council permits any Council member to speak more than once on a motion, all
Council members shall receive the same privilege.
7) Secondary Motions
Secondary motions may be made by a Council member upon getting the floor.
8) Action
After discussion is complete the Council will vote on the motion under consideration.
(b) Secondary Motion Procedures
Only one main motion may be entertained by Council at a time. The Council recognizes the following
secondary motions which may be considered while a main motion is pending. These motions shall
have precedence in the order listed below. This means that a secondary motion that is higher on the
list will be considered ahead of a pending secondary motion that is lower on the list:
The purpose of the allowed secondary motions is summarized in the following text and table.
1) Fix the time to which to adjourn
This motion sets a time for continuation of the meeting. It requires a second, is amendable
and is debatable only as to the time to which the meeting is adjourned.
2) Adjourn
This motion ends the meeting or adjourns it to another time. It requires a second and is not
debatable except to set the time to which the meeting is adjourned, if applicable. A motion to
adjourn shall be in order at any time, except as follows: (a) when repeated without
intervening business or discussion; (b) when made as an interruption of a member while
speaking; (c) when the previous question has been ordered; and (d) while a vote is being
taken.
3) Take a recess
This motion interrupts the meeting temporarily. It is amendable but is not debatable.
4) Raise a question of personal privilege
This motion allows a Council Member to address the Council on a question of personal
privilege and shall be limited to cases in which the Council Member's integrity, character or
motives are questioned or when the welfare of the Council is concerned. The maker of the
motion may interrupt another speaker if the presiding officer recognizes the "privilege."
The motion does not require a second, is not amendable and is not debatable.
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5) Lay on the table
This motion is used to interrupt business for more urgent business. A motion to lay on the
table requires a second, is not amendable and is not debatable. It shall preclude all
amendments or debate of the subject under consideration. If the motion prevails, and the
subject is tabled, the matter must be reagendized in the future if further consideration is to
be given to the matter.
6) Previous question
This motion “calls the question” by closing debate on the pending motion. A motion for
previous question requires a second, is not debatable and is not amendable. It applies to all
previous motions on the subject unless otherwise specified by the maker of the motion. If
motion for previous question fails, debate is reopened; if motion for previous question
passes, then vote on the pending motion. A motion for previous question requires a two-
thirds vote of those Council members present and voting.
7) Limit or extend debate
This motion limits or extends the time for the Council or any Council Member to debate a
motion. It requires a second, is amendable and is not debatable. The motion requires a
two-thirds vote of those Council members present and voting.
8) Continue to a certain time
This motion continues a matter to another, specified time. It requires a second, is amendable
and is debatable as to propriety of postponement and time set.
9) Refer to a city agency, body, committee, board, commission or officer
This motion sends a subject to another city agency, body, committee, board, commission or
officer for further study and report back to Council, at which time subject is fully debated.
It requires a second, is amendable, and is debatable only as to the propriety of referring.
The substance of the subject being referred shall not be discussed at the time the motion to
refer is made.
10) Amend or substitute
A motion to amend retains the original motion and modifies it in some way. A substitute
motion deletes the original motion and replaces it with a different motion. Both require a
second, are amendable, and are debatable only when the motion to which they appy is
debatable. A motion to amend an amendment is in order, but one to amend an amendment
to an amendment is not. An amendment modifying a motion is in order but an amendment
raising an independent question or one that is not germane to the main motion shall not be
in order. Amendments take precedence over the main motion and the motion to postpone
indefinitely.
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C. Motion Process Reference Chart
Motion Description 2nd
Required Debatable Amendable 2/3 Vote
Fix the time to
which to adjourn
Sets a next date and time for
continuation of the meeting
YES
Only as to time to which
the meeting is adjourned
YES
NO
Adjourn
Sets time to adjourn. Not in order if (a)
repeated without intervening business
(b) made as an interruption of a
member while speaking; (c) the
previous question has been ordered;
and (d) while a vote is being taken
YES
Only to set the time to
which the meeting is
adjourned
NO
NO
Take a recess Purpose is to interrupt the meeting YES NO YES NO
Raise a question of
privilege
Allows member to address Council on a
question of personal privilege limited to
Council welfare or cases where a
member’s personal integrity, character,
or motives are questioned.
NO
NO
NO
NO
Lay on the table Interrupts business for more urgent
business
YES NO NO NO
Previous question
(close debate or
“call the question”)
Closes debate on pending motion
YES
NO
NO
YES
Limit or extend
limits of debate
Purpose is to limit or extend debate
YES
NO
YES
YES
Motion to continue
to a certain time
Continues the matter to another,
specified time
YES
YES
YES
NO
Refer to committee
Sends subject to another city agency,
body, committee, board, commission or
officer for further study and report back
to council, at which time subject is fully
debated
YES
Only as to propriety of
referring, not substance
of referral
YES
NO
Amend or substitute
Modifies (or reverses course of)
proposed action. Cannot raise
independent question. Can amend an
amendment, but no further
YES
Only if underlying motion is
debatable
YES
NO
Motion to
Reconsider
Motion that can be made only during the
meeting or adjourned meeting in which
the action was taken
YES
YES
NO
NO
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4.3. Voting and Debate of Agenda Items
(a) Presiding officer to review motion
The presiding officer shall assure that all motions are clearly stated before allowing debate to
begin. The presiding officer and the maker of the motion should work with the City Clerk to clarify
the motion before allowing debate to begin. The presiding officer may review the motion prior to
voting.
(b) Presiding officer may debate and vote
The presiding officer may move, second and debate from the chair, subject only to such limitations of
debate as are by these rules imposed on all Council members. The presiding officer shall not be
deprived of any of the rights and privileges of a Council member.
(c) Division of question
If the question contains two or more divisible propositions, each of which is capable of standing as a
complete proposition if the others are removed, the presiding officer may, and upon request of a
Council member shall, divide the same. The presiding officer's determination shall be appealable
by any Council member.
(d) Withdrawal of motion
A motion may only be withdrawn by the maker with the consent of the Council Member
seconding it.
(e) Change of vote
Council members may change their votes before the next item on the agenda is called.
(f) Voting
On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device
and entered in full upon the record, except where state law requires a roll call vote
(g) Failure to vote
It is the responsibility of every Council member to vote unless the member is recused. No Council
member can be compelled to vote.
(h) Abstaining from vote
Council members should only abstain if they are not sufficiently informed about an item, e.g., when
there was a prior meeting on the topic and they were unable to view the prior meeting before the
current meeting. In the event of an abstention, or silence during a vote, the abstainer in effect,
"consents" that a majority of the quorum of the Council members present may act for him or her.
(i) Not participating
A Council member who is recused from an item due to a conflict of interest, common law bias, or other
legal prohibition shall make disclosures required by law, leave the dais if required, and not
participate in any way in the discussion or determination of the item. A Council member may
otherwise disqualify themself to avoid an appearance of impropriety.
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(j) Tie votes
Tie votes may be reconsidered during the time permitted by these rules on motion by any member
of the Council voting yes or no during the original vote. Before a motion is made on the next item
on the agenda, any member of the Council may make a motion to continue the matter to another
date. To the extent allowed by law, it is the Council’s intention that any continuance hereunder
shall suspend the running of any time in which action of the Council is required by law. Nothing
herein shall be construed to prevent any Council member from recommending the agendizing of a
matter that resulted in a tie vote for a subsequent meeting.
(k) Motion to reconsider
A motion to reconsider any action taken by the Council may be made only during the meeting or
adjourned meeting when the action was taken. A motion to reconsider requires a second, is
debatable and is not amendable. The motion must be made by one of the prevailing
side of an issue but may be seconded by any Council member. A motion to reconsider may be
made at any time and shall have precedence over all other motions, or while a Council member has
the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring
back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered.
Reconsideration may be moved only once on the same motion. However, a Council member may
make a motion to rescind such action at a subsequent meeting of the Council, provided an
appropriate item is on the published agenda.
(l) Appeal from the decision of presiding officer
When the rules are silent, the presiding officer shall decide all questions of order, subject to
appeal by a Council member. When in doubt, the presiding officer may submit the question to
the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding
officer may be appealed by request of any member. The presiding officer shall call for a roll call or
electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said
vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the
decision or ruling of the presiding officer is reversed.
(m) Getting the floor; improper references to be avoided
Every Council member desiring to speak shall address the presiding officer and, upon recognition by
the presiding officer, every Council member shall be confined to the question under debate, avoiding
all indecorous language and personal attacks.
(n) Interruptions
Except for being called to order, a Council member once recognized, shall not be interrupted
when speaking, except as otherwise provided for in these rules. A Council member called to order
while speaking shall cease speaking until the question or order is determined, and, if in order, said
Council member shall be permitted to proceed.
(o) Council Member Speaking Time
The presiding officer shall give each Council member up to five (5) minutes to speak in each round
of discussion during discussions on Council items where discussion takes place. The Council shall
be guided by the speaking times set by the presiding officer and shall conclude comments at the
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direction of the presiding officer . The presiding officer shall endeavor to treat all members
equitably.
4.4. Quasi-Judicial Matters
(a) Quasi-Judicial Matters
It is the policy of the Council to assure that the due process rights of all persons are protected during
City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due
process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings
involve consideration of an application to develop real property. The City, including Council and
associated Boards and Commissions, reaches a determination by applying standards and
requirements in existing law to the facts and evidence submitted in the hearing. Findings must be
stated to explain the evidentiary basis for Council’s final decision.
Purpose
These rules are intended to assure that City Council decision making on quasi-judicial matters is
based upon facts and evidence known to all parties and to support the role of Boards and
Commissions in making independent recommendations to Council.
General Requirements
1) Quasi-Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural rules include hearings involving the
following matters:
(A) Conditional Use Permits
(B) Variances
(C) Home Improvement Exceptions
(D) Design Enhancement Exceptions
(E) Subdivisions, other than final map approvals
(F) Architectural Review
(G) Other Matters as Determined by the City Attorney
2) Restrictions on Council Communications Outside of Quasi-Judicial Hearings
It is the policy of the Council to discourage the gathering and submission of information by
Council members outside of any noticed public meeting, prior to final recommendations
by the Architectural Review Board or Planning & Transportation Commission. The
following procedural guidelines are intended to implement this policy but shall not be
construed to create any remedy or right of action.
3) Identification of Quasi-Judicial Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda
items involving quasi-judicial matters on both the tentative and regular Council agendas.
This identification is intended to inform the Council, interested parties, and the public that
this policy will apply to the matter.
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4) Council to Track Contacts
Council members should track contacts with any person or entity pertaining to quasi-judicial
matters. Contacts include conversations, meetings, site visits, mailings, or presentations
during which substantial factual information about the item is gathered by or submitted to
the Council Member.
5) Disclosure
When a quasi-judicial matter is agendized at Council, Council members will disclose on the
record any contacts they have had outside of a noticed meeting, identify any new or
different information they have received, and note information that may influence their
preliminary views or opinions about the item. Disclosures may be oral or written and should
explain the substance of the contact so that the project applicant, other Council members,
interested parties, and the public will have an opportunity to learn of the factors
influencing the Council's decision and have an opportunity to controvert or rebut any such
factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request
to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for
disqualification of a Council Member from participation in a quasi-judicial matter unless the
Council Member, in consultation with the City Attorney, determines that the nature of the
contact is such that it is not possible for the Council Member to reach an impartial decision
on the item.
6) No Contacts after Hearings
Following closure of a quasi-judicial hearing, and prior to a final decision, Council
Members will refrain from any contacts pertaining to the item, other than clarifying questions
directed to City staff.
7) Written Findings Required
On any matter for which state law or City ordinance requires the preparation of written
findings, the staff report and other materials submitted on the matter will contain findings
proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed
findings must include a statement of alternative or modified findings or a direction that the
matter under consideration be continued for a reasonable period of time in order for staff
to prepare a new set of proposed findings consistent with the evidence which has been
presented and the decision which is anticipated.
8) Rules of Evidence
Council hearings need not be conducted according to formal rules of evidence. Any
relevant evidence may be considered if it is the sort of evidence upon which responsible
persons rely in the conduct of serious affairs. The presiding officer may exclude
irrelevant or redundant testimony and may make such other rulings as may be necessary
for the orderly conduct of the proceedings while ensuring basic fairness and full consideration
of the issues involved. Evidentiary objections shall be deemed waived unless made in a
timely fashion before the Council.
9) Council Members Who are Absent During Part of a Hearing
A Council member who is absent from any portion of a hearing conducted by the Council
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may vote on the matter provided that he or she has watched the video record of the entire
portion of the hearing from which he or she was absent and if she or he has examined all of
the exhibits presented during the portion of the hearing from which he or she was absent.
Council members who were absent should state for the record that they have reviewed the
proceedings and materials.
(b) Presenting at Quasi-Judicial Hearings
In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for
their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a
quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation
and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall
be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the
hearing is closed; however, each individual appellant shall be given a minimum of 5 minutes for
presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional
time is clearly established, the Presiding Officer shall independently, or may upon advice of the
City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or
appellant.
(c) Submittal of Materials Directly to Council
If Council Members receive materials related to a quasi-judicial agenda item they should notify
the City Clerk and the City Manager as soon as possible so that the materials can be placed in the
official record and distributed to all Council members, parties to the proceeding, staff and the
public.
* * *
SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL
5.1. Public Participation During City Council Meetings
Overview
The Council welcomes members of the public to participate in meetings through public comment
opportunities. It is the policy of the Council to assure that members of the public have the
opportunity to speak to any regular or special meeting agenda item before final action. These
rules are intended to enhance public participation and Council debate so that the best possible
decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government
and civil, intelligent public discourse. Open government meetings must allow everyone to be
heard without fear of cheers or jeers. For these reasons, the Council takes these rules seriously.
Disruptive or unruly behavior in violation of the law can result in removal from the Council
meeting and/or arrest and prosecution.
(a) Access to Meetings
1) In-Person and Remote Participation
Council meetings are available in person in the Council Chambers and through an online
meeting platform. Members of the public are welcome to attend the meeting in person or
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to join the online meeting platform.
2) Translators
Speakers may bring a translator as needed and will be allotted additional time, as
appropriate.
3) ADA Access
Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent
with law. Any provision of these rules may be modified if needed to provide reasonable
accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650-
329-2571 (voice) or email at City.Clerk@cityofpaloalto.orgCity.Clerk@cityofpaloalto.org.
4) If found feasible by staff, members of the public may be given the opportunity to activate
their personal video during their public comments.
(b) Summary of Rules for Public Participation
Every regular Council agenda has two different kinds of opportunities for the public to speak. The
first is during General Public Comment. The second is during the public comment or public hearing
portion of each agenda item.
1) General Public Comment
This part of the meeting is provided so that the public can speak to any subject that is in the
Council’s jurisdiction, when there is no item listed on the agenda on that topic. The Council
limits the total time to up to 30 minutes per meeting for General Public Comment. State law
does not permit the Council to act on or discuss an item raised at that meeting in General
Public Comment. Council members shall not enter into debate with speakers, but Council
members may ask brief clarifying questions and may ask City staff to follow up on any
concerns raised.
2) Public comment or public hearing portion of each agenda Item
The Brown Act requires the opportunity for public comment on all listed agenda items,
except ceremonial items, procedural items (Agenda Changes and Deletions) and brief
announcements (City Manager Comments and Council Member Questions, Comments and
Announcements). Public comments or testimony must be related to the matter under
consideration.
(c) Time Limits
1) Individual Speakers
The presiding officer will announce the time that each speaker may use. The Council
generally allows 3 minutes per speaker, but a shorter time may be designated when there
are many speakers,, numerous items on the agenda, or items anticipated to be lengthy. For
example, if there are fewer than 10 speakers, the presiding officer typically will allow
speakers 3 minutes to speak. Or if there are more than 10 speakers, then the presiding
officer may choose to reduce the time for each speaker.
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2) Spokesperson for a Group
When a group of people wishes to address the Council on the same subject matter, they
may designate a spokesperson to address the Council. Spokespersons are subject to the
same time limits as other speakers, except that spokespersons who are representing a
group of five or more people who have requested to speak and are verified as present in
the Council Chambers or online will be allowed 10 minutes and will, to the extent practical,
be called upon ahead of individual speakers. If the presiding officer reduces the speaking
time for individual speakers, the total speaking time for a spokesperson will also be reduced
as determined by the presiding officer.
(d) Gaining Permission to Speak
Any person who wants to make a spoken public comment on an item on the Council agenda can
do so if they are attending either in person or virtually. If attending in person, members of the
public should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff
presentation. Members of the public participating virtually should use the “raise hand” function
in the online meeting platform, or if participating via phone, hit *9 to notify the Clerk that they
wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so that
the speakers can be identified and organized in an orderly way.
Unless otherwise determined by the presiding officer, requests to speak will be accepted until
approximately five (5) minutes after the staff presentation ends. Approximately five (5) minutes before the
end of the time when requests to speak will be accepted,, the presiding officer will endeavor to announce
the pending cut off time.
(e) Public Decorum During Meeting
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and
required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in
order to assure a fair opportunity for everyone to participate in an open and civil setting.
1) No person, other than a Council member and the person having the floor, shall be
permitted to speak without the permission of the presiding officer.
2) All remarks should be addressed to the Council as a body and not to any individual
member or staff person.
3) No person, besides staff or the Council, shall enter the staff area of the Council dais without
the permission of the presiding officer or appropriate Council Appointed Officer.
4) The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the conduct
of a meeting; (2) Make threats against any person or against public order and security
while in the Council Chambers; (3) Use the Council Chambers during meetings for any
purpose other than participation in or observation of City Council Meetings.
Any Council Member may appeal the presiding officer’s decision on a decorum violation to the full
Council. Decorum violations are a misdemeanor and may lead to a person being removed from the
Council meeting. (PAMC sections 2.04.120, 2.04.150.)
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(f) Record of Speakers
1) Persons wishing to address the Council within the meeting room, shall use the microphone
provided for the public. All public speakers, whether in person or virtual participants shall
speak in a recordable tone, either personally or with assistance, if necessary.
2) Speakers are requested to state their name but cannot be compelled to do so as a
condition of addressing the Council.
(g) End of Public Comment After a Council Motion
Following the time for public input and once the matter is returned to the Council no person shall
address the Council without first securing the permission of the presiding officer to do so, subject to
approval of the City Attorney with respect to any hearing required by law.
* * *
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS
In order to facilitate open government, all Council Members should make decisions with the same
information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or
in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail
communications between Council members and staff on agenda-related items, including the following:
6.1. Submit Questions on Council Agenda Items Ahead of the Meeting
In order to focus the Council meetings on consideration of policy issues and to maintain an open
forum for public discussion, questions which focus on the policy aspects of agenda items should be
discussed at the Council meeting rather than in one-on-one communications with staff prior to the
meetings. Any clarifications or technical questions that can be readily answered can be handled
before the meeting. Council members are encouraged to submit their questions on agenda items to
the City Manager or other appropriate Council Appointed Officer by 5:00 p.m. the Wednesday prior to
the meeting so staff can be prepared to respond before or at the Council meeting. If a staff report is
incomplete by 5:00 p.m. Thursday, there will be an extension to submit Council questions until 5:00
p.m. Friday. Council members are strongly discouraged from asking questions already addressed in
the staff report.
6.2. City Council emails for Agenda-Related Items Procedure
(a) Council members should direct any questions on staff reports and agenda items only to the City
Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk
should be directed to the appropriate Council Appointed Officer.
(b) Council members should submit questions on agenda items no later than 5 p.m. on the
Wednesday prior to the Council meeting at which the item will be discussed. Staff will make best
reasonable efforts to post written responses to timely-submitted questions by Thursday 5 p.m.
Any questions received after 5 p.m. on the Wednesday before the meeting may be responded to
via e-mail, or alternatively, will be responded to at the Council meeting.
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(c) Staff will not engage in “dialogues” with individual Council members regarding questions;
however, follow-up questions to initial questions will be responded to at the Council meeting.
(d) Staff will give highest priority to responding prior to the Council meeting via e-mail only on items on
the Consent Agenda. Questions which address the policy aspects of the item on the Council
agenda will not be responded to prior to the meeting, although Staff welcomes such questions in
advance of the meeting in order to prepare for the Council and public discussion. Technical and
clarifying questions on non-Consent Calendar items will be responded to as time permits.
(e) If the staff will be responding to a Council members Consent Agenda question at the meeting
rather responding to the question via e-mail, Staff will inform the Council member as early as
possible after receipt of the question(s).
(f) Questions and all staff-prepared responses will be forwarded to all Council members as well as
post online for public review of Council agenda questions and staff responses. Staff will include
the name of the Council member posing the questions in the “subject” field of the e-mail
response.
(g) Copies of all Council member agenda questions and staff responses will be emailed to the Council
p and posted publicly on the meeting agenda. If staff responses are not released until the meeting
date, they will be provided in printed form at the dais.
* * *
SECTION 7 – COUNCIL VALUES AND ANNUAL COUNCIL PRIORITIES
(a) Council Values
In November 2022, the Council adopted a set of values as described here:
The Palo Alto City Council holds these values to help guide decisions that:
1) Balance revenues and expenses, now and in the future.
2) Are environmentally sustainable.
3) Integrate equity into our decisions, considering how decisions affect people differently
based on their identity or circumstances.
4) Make decisions that create a healthy, safe and welcoming community for all.
5) Safeguard public trust through transparent practices and open communication.
6) Embrace innovation.
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(b) Annual Council Priorities
Priorities Background and Definition
The City Council adopted its first Council priorities in 1986. Each year the City Council reviews its
priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the
definition of a Council priority, and the Council’s process and guidelines for selection of priorities.
There is a goal of no more than three to four priorities per year and priorities generally have a two-
to three-year time limit. Council can identify two to three specific objectives within a priority.
A Council priority is defined as a topic that will receive particular, unusual and significant attention
during the year. This varies from a Council value which is defined as an enduring goal and
intention to guide the work of the City Council. The values (shared above) allow the City Council
to maintain these enduring intentions while also selecting annual priorities that reflect shorter-
term projects and goals.
Purpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize
time for discussion and decision making.
Process
In advance of the annual Council Retreat, staff will solicit input from the City Council on the
priorities to be reviewed and considered for the following year.
1) Council members may submit up to three priorities.
2) Priorities should be submitted no later than December 1.
3) As applicable, the City Manager will contact newly elected officials for their input by
December 1.
4) The City Manager and the City Clerk will solicit for the public to share proposed priorities
prior to the Council retreat. The Policy and Services Committee shall recommend to the
Council which suggestions if any shall be considered at the City Council retreat.
5) Staff will collect and organize the recommended priorities into a list for Council
consideration and provide to Council in the packet for the City Council retreat.
6) If needed, the Policy and Services Committee, each year at its December meeting, shall
make recommendations about the process that will be used at the Annual Retreat paying
particular attention to the number of priorities suggested by Council members. The
recommended process is to be forwarded to Council for adoption in advance of the Council
retreat.
* * *
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SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT
8.1. Commit to Annual Review of Important Procedural Issues
Once each legislative year, the Council will review the Procedures and Protocols Handbook. The
Council will not politicize these procedural issues.
8.2. Enforcement
Council members have the primary responsibility to assure that these protocols are understood and
followed, so that the public can continue to have full confidence in the integrity of government. As an
expression of the standards of conduct expected by the City for Council members, the protocols are
intended to be self-enforcing. They therefore become most effective when members are thoroughly
familiar with them and embrace their provisions. For this reason, Council members entering office shall
sign a statement affirming they have read and understood the Council protocols. In addition, the
protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary.
Under circumstances where Council members believe that actions by another Council member are
inconsistent with this Handbook and require formal review and potentially action, a public discussion
and censure are available steps for review and enforcement.
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PART II: CITY COUNCIL PROTOCOLS
The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable
local government, which has earned the public’s full confidence for integrity. To this end, the City Council
has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public
confidence in the integrity of local government and its effective and fair operation.
SECTION 1 – CITY COUNCIL CONDUCT
1.1. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment for
City employees and for citizens and businesses dealing with the City. Members shall recognize their
special role in dealings with City employees to in no way create the perception of inappropriate
direction to staff.
1.2. Comply with Law
Members shall comply with the laws of the nation, the State of California and the City in the
performance of their public duties. These laws include but are not limited to: the United States and
California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns,
financial disclosures, employer responsibilities and open processes of governments and City ordinances
and policies.
(a) Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established
by the City Council governing the deliberation of public policy issues, meaningful involvement of the
public and implementation of policy decisions of the City Council by City staff.
1.3. City Council Core Responsibilities (exist. Protocol Sec. 1)
All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes.
No Council Member has more power than any other Council Member, and all should be treated with
equal respect.
(a) All Council Members:
1) Demonstrate honesty and integrity in every action and statement
2) Comply with both the letter and spirit of the laws and policies affecting the operation of
government.
3) Serve as a model of leadership and civility to the community
4) Inspire public confidence in Palo Alto government
5) Work for the common good, not personal interest
6) Prepare in advance of Council meetings and be familiar with issues on the agenda
7) Fully participate in City Council meetings and other public forums while demonstrating
respect, kindness, consideration, and courtesy to others
8) Do not politicize procedural matters such as minutes approval or agenda order for strategic
purposes
9) Participate in scheduled activities to increase Council effectiveness
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10) Review Council procedures, such as these Council Protocols, at least annually
11) Represent the City at ceremonial functions at the request of the Mayor
12) Be responsible for the highest standards of respect, civility and honesty in ensuring the
effective maintenance of intergovernmental relations
13) Respect the proper roles of elected officials and City staff in ensuring open and effective
government
14) Provide contact information to the City Clerk in case an emergency or urgent situation
arises while the Council Member is out of town
1.4. General Member Conduct
Councils are composed of individuals with a wide variety of backgrounds, personalities, values,
opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve
the quality of life in the community. In all cases, this common goal should be acknowledged even as
Council may "agree to disagree" on contentious issues.
(a) Conduct of Members
The professional and personal conduct of members must be above reproach and avoid even the
appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal
attacks upon the character or motives of other members of the Council, boards and commissions,
the staff or the public. Rude and unprofessional behavior are also unacceptable. Council members
are expected to share factual information during meetings and within the public domain and
Council members should refrain from repeating false and misleading information.
(b) In Public Meetings
1) Use Formal Titles
The Council should refer to one another formally during Council meetings as Mayor, Vice
Mayor or Council Member followed by the individual’s last name.
2) Practice Civility and Decorum in Discussions and Debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and
information are legitimate elements of a free democracy in action. Be respectful of diverse
opinions.
3) Honor the Role of the Presiding Officer in Maintaining Order and Equity
Respect the Chair's efforts to focus discussion on current agenda items. Objections to the
Chair's actions should be voiced politely and with reason, following the parliamentary
procedures outlined in the City Council Procedural Rules.
4) Demonstrate Effective Problem-Solving Approaches
Council members have a public stage to show how individuals with disparate points of view
can find common ground and seek a compromise that benefits the community as a whole.
Council members are role models for residents, businesspeople and other stakeholders
involved in public debate.
5) Be Respectful of Other People's Time
Stay focused and act efficiently during public meetings.
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(c) In Private Encounters
1) Treat Others as You Would Like to be Treated
Ask yourself how you would like to be treated in similar circumstances, and then treat the
other person that way.
1.5. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than on
unrelated considerations.
1.6. Advocacy
(a) Representation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear on
behalf of the private interests of third parties before the Council or any other board, commission or
proceeding of the City, nor shall members of boards and commissions appear before their own
bodies or before the Council on behalf of the private interests of third parties on matters related to
the areas of service of their bodies.
(b) Advocacy
Members shall represent the official policies or positions of the City Council, board or commission
to the best of their ability when designated as delegates for this purpose. When presenting their
individual opinions and positions, members shall explicitly state they do not represent their body or
the City, nor will they allow the inference that they do.
(c) Council Voting Delegate Authority at Conferences / Annual Meetings
The Council may authorize a Council member to act as the voting delegate at conferences or
meetings of other bodies, including, but not limited to, the League of California Cities annual
conference, National League of Cities conference, and the Association of Bay Area Governments
(ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting
delegate with specific direction on proposed resolutions and other matters. When provided specific
direction, the voting delegate’s authority is limited to matters on which the Council has directed the
delegate to vote. In the absence of explicit direction, when the Council member is aware of a prior
position the Council has taken, the Council member will adopt that position.
(d) Be Cautious in Representing City Positions on Issues
Before sending correspondence related to a legislative position, check with City staff to see if a
position has already been determined. When corresponding with representatives of other
governments or constituents remember to indicate, if appropriate, that the views you state are
your own and may not represent those of the full Council.
As a Council member, it is important to remember to indicate when the views you state are your
own versus views which represent those of the full Council. This is relevant whether sending
correspondence related to a legislative position or corresponding with constituents or
representatives of other governmental agencies or organizations.
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Council Members appointed to regional boards, commissions, or agencies shall stay informed of
any positions adopted by Council relevant to the jurisdiction of the Board and shall consider such
positions along with other pertinent information in carrying out their duties on the regional body.
In the case where a Council member is speaking publicly on an issue on which Council has taken a
position, and that Council member also serves on a regional body that has also taken a position, ,
the Council member should clearly state whether they are speaking on behalf of the City or the
regional body.
(e) Use of City Letterhead
Official Mayor/City Council letterhead should only be used for correspondence signed by the Mayor
or City Council members when specifically directed by the Council or consistent with prior City
Council direction. This applies to the use of any stationery that could be interpreted as official
letterhead.
1.7. Council Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff,
which analyze problems and issues, make recommendations, and implement and administer the
Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect
for the contributions made by each individual for the good of the community.
(a) Treat All Staff as Professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual
is expected. As with your Council colleagues, practice civility and decorum in all interactions with
City staff.
(b) Channel Communications through the Appropriate Senior City Staff
Questions of City staff should be directed only to the City Manager, Assistant City Manager, City
Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or
Department Heads. The Office of the City Manager should be copied on any request to Department
Heads. Council members should not set up meetings with department staff directly, but work
through Department Heads, who will attend any meetings with Council members. When in doubt
about what staff contact is appropriate, Council members should ask the City Manager for
direction. However, nothing in these protocols is intended to hinder the access Council-appointed
liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique
responsibilities.
(c) In order to Facilitate Open Government, All Council Members Should Make Decisions with the
Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative
Agenda or in a Council Committee)
(d) Never Publicly Criticize an Individual Employee, Including Council Appointed Officers.
Criticism is differentiated from questioning Facts or the opinion of staff. All critical comments about
staff performance should only be made to the City Manager through private correspondence or
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.
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(e) Do Not Attend Staff Meetings Unless Requested by Staff
Even if the Council member does not say anything, the Council member’s presence may imply
support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively.
(f) Depend upon the Staff to Respond to Citizen Concerns and Complaints
It is the role of Council members to pass on concerns and complaints on behalf of their constituents.
It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen
complaints to the appropriate senior staff member, according to the protocol on channeling
communications. The senior staff member should respond according to the Policy and Procedure
for Responding to Customer Complaints. Senior staff is responsible for making sure the Council
Member knows how the complaint was resolved.
(g) Do not Solicit Political Support from Staff
The City Charter states that “Neither the city manager or any other person in the employment of
the city shall take part in securing or shall contribute any money toward the nomination or election
of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and the
Assistant City Manager) have professional codes of ethics, which preclude politically partisan
activities or activities that give the appearance of political partisanship. Council members shall
refrain from coercing staff in making recommendations to the Council as a whole.
(h) Use of Public Resources
Council members shall not use public resources, such as City staff time, equipment, supplies or
facilities, for private gain or personal purposes.
1.8. Use of Staff Time
(a) Do Not Get Involved in Administrative Functions
The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal
Code:
“Neither the council nor any of its committees or members shall direct, request or attempt to
influence, either directly or indirectly, the appointment of any person to office or employment by
the city manager or in any manner interfere with the city manager or prevent the city manager from
exercising individual judgment in the appointment of officers and employees in the administrative
service. Except for the purpose of inquiry, the council and its members shall deal with the
administrative service solely through the city manager, and neither the council nor any member
thereof shall give orders to any of the subordinates of the city manager, either publicly or privately.”
(b) Respect the “One Hour” Rule for Staff Work
Requests for staff support should be made to the appropriate senior staff member, according to the
protocol for channeling communications. Any request, which would require more than one hour of
staff time to research a problem or prepare a response, will need to be approved by the full council
to ensure that staff resources are allocated in accordance with overall council priorities. Once
notified that a request for information or staff support would require more than one hour, the
Council Member may request that the City Manager place the request on an upcoming Council
agenda. The 1-hour rule applies to all Council members equally.
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* * *
SECTION 2 - CITY COUNCIL CONDUCT WITH PALO ALTO BOARDS AND COMMISSIONS
The City has established several Boards and Commissions as a means of gathering more community input.
Citizens who serve on Boards and Commissions become more involved in government and serve as
advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated
with appreciation and respect. Council members serve as liaisons to Boards and Commissions, according
to appointments made by the Mayor, and in this role are expected to represent the full Council in
providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for
the full Council on matters for which the full council has not yet taken a policy position. In other
instances, Council members may attend Board or Commission meetings as individuals, and should follow
these protocols:
2.1. If Attending a Board or Commission Meeting, Identify Your Comments as Personal
Views or Opinions.
Council members may attend any Board or Commission meeting, which are always open to any
member of the public. Any public comments by a Council Member at a Board or Commission
meeting, when that Council Member is not the liaison to the Board or Commission should make a
point to clearly state it is an individual opinion and not a representation of the feelings of the entire
City Council.
2.2. Refrain from Lobbying Board and Commission Members
It is inappropriate for a Council member to contact a Board or Commission member to lobby on
behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is
acceptable for Council members to contact Board or Commission members in order to clarify a
position taken by the Board or Commission.
2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual
Council Members
The City Council appoints individuals to serve on Boards and Commissions, and it is the
responsibility of Boards and Commissions to follow policy established by the Council. Council
members should not feel they have the power or right to unduly influence Board and Commission
members. A Board and Commission appointment should not be used as a political reward.
2.4. Concerns about an Individual Board or Commission Member Should be Pursued with Tact
If a Council member has concerns with a particular Board or Commission member fulfilling his or her
roles and responsibilities and is comfortable in talking with that individual privately, the Council
member should do so. If needed, the Councilmember may involve a Chair of a commission or the
liaison to the commission if there is one. Alternatively, or if the problem is not resolved, the Council
Member should consult with the Mayor, who may address the issue to the Council as appropriate.
2.5. Be Respectful of Diverse Opinions
A primary role of Boards and Commissions is to represent many points of view in the community and
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to provide the Council with advice based on a full spectrum of concerns and perspectives. Council
members may have a closer working relationship with some individuals serving on Boards and
Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions.
2.6. Keep Political Support Away from Public Forums
Board and Commission members may offer political support to a Council member, but not in a public
forum while conducting official duties. Conversely, Council members may support Board and
Commission members who are running for office, but not in an official forum in their capacity as a
Council member.
2.7. Maintain an Active Liaison Relationship
Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of
their assigned Board or Commission.
2.8. Role of Council Liaison to Board or Commission
The role of Council liaison to a Board or Commission is to share prior Council discussions and actions
on issues as applicable, and assist the Board or Commission in understanding likely Council
perspectives on issues as well as how the Board or Commission might support Council decision-
making.
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SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL
3.1. Respond to Council Questions as Fully and as Expeditiously as is Practical
The protocol for staff time devoted to research and response is in application here. If a Council
Member forwards a complaint or service request to a department head or a Council Appointed Officer,
there shall be follow-through with the Council Member as to the outcome.
3.2. Respect the Role of Council Members as Policy Makers for the City
Staff is expected to provide its best professional recommendations on issues. Staff should not try to
determine Council support for particular positions or recommendations in order to craft
recommendations. The Council must be able to depend upon the staff to make independent
recommendations. Staff should provide information about alternatives to staff recommendations as
appropriate, as well as pros and cons for staff recommendations and alternatives
3.3. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in
Public Meetings
3.4. It is Important for the Staff to Demonstrate Respect for the Council at all Times
All Council members Should be Treated Equally
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SECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND
MISCELLANEOUS EXPENSE REIMBURSEMENT
4.1. Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional
expenses of these offices.
4.2. Miscellaneous Expenditures
(a) Expenditure of City Council Contingency Funds
Requests for expenditure of Council Contingency Funds up to $10,000 should be made to the Mayor
and Vice Mayor. Where the Mayor and Vice Mayor agree with the request, it will be announced
during Council Member Questions, Comments and Announcements. The expenditure will be
considered approved unless two or more Council members request additional information or
discussion, in which case the expenditure will be agendized at a future meeting. Expenditures over
$10,000 require action by Council motions, which shall be by Colleagues Memo placed on Consent, or
as part of an agendized item.
(b) City Purchase of Tickets or Sponsorship of Non-Profit Organization Events
The City Manager may purchase tickets or sponsor events by non-profit organizations, subject to
budget availability, under any of the following circumstances:
1) where the event serves a City educational purpose,
2) recognition for work done by staff (not including elected or appointed officials), or
3) expending budget allocations specifically intended for event attendance.
(c) Expenditure for Annual Holiday Event
Expenditures of up to $1,500 from the Council Special Events budget may be directed to be expended
from an annual holiday celebration, subject to budget availability for attendance by Council members,
executive leadership staff, and community leaders. Event details will be coordinated by the Mayor
and facilitated by staff.
4.3 Council and Boards and Commission Travel Policy
Council member travel expenses and reimbursements will adhere to the Citywide Travel Arrangements and
Expense Reimbursement Policy (Administrative Policy 1-02/ASD)
This policy is set by the City Council and applies to Council members and to Board and Commissions
members. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the
expenditure of public funds must be in evidence; also, in accordance with the Charter and Municipal Code,
such expenditures must be from authorized appropriations. Council members are limited to six (6) times
per year for travel reimbursements, subject to budget availability. Council member travel will be
approved by the Mayor.
(a) Support Services
The City Clerk’s Office makes travel arrangements for Council members. This service includes
conference registration, hotel reservations, per diem advances and reimbursement of unforeseen
expenses. The department liaison for each board and commission will be responsible for
arrangements for Officials.
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(b) Activities Not Considered Reimbursable
1) Voluntary attendance at any conference or meeting, not representing the City.
A)Meetings of social or service organizations.
2) Meetings of voter groups or with individual citizens concerned with agenda items.
3) Election campaign activities.
4) Alcohol and entertainment expenses.
5) Personal portion of the trip and other non-mileage automobile expenses.
(c) Reports to Council
Council members and officials shall provide brief verbal reports on meetings attended at the City’s
expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a
joint report may be made. All related documents are subject to the Public Records Act and can be
periodically reviewed by auditors.
(d) Violation of This Policy
Use of public resources or falsifying expense reports is in violation of this policy and may result in
any or all of the following:
1) Loss of reimbursement privileges
2) A demand for restitution to the City
3) The City reporting the expenses as income to the elected or appointed Official to state and
federal tax authorities
4) Civil penalties of up to $1000 per day and three times the value of the resources used
5) Prosecution for misuse of public resources
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SECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors
Members shall respect the confidentiality of information concerning the property, personnel or affairs of
the City. They shall neither disclose confidential information without proper legal authorization, nor use
such information to advance their personal, financial or other private interests. There are many State laws
regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised
of and comply with State law on these topics.
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