REPORT TO COUNCIL
SUBJECT
Title
Action on the Amendments to Council Policy 041 (“Public Submittal of Written and Digital Materials”) as Recommended by the Governance and Ethics Committee
Report
BACKGROUND
At the December 4, 2023 Governance and Ethics Committee (Committee) meeting, the Committee reviewed and approved recommendations to update the Policy and Procedure 041 (“Public Submittal of Written and Audiovisual Materials for Council Meetings”) (Attachment 1). As background, Policy and Procedure 041 was established on January 24, 2006 to provide guidance on the public submittal of written and audiovisual materials for City Council meetings. The purpose of this policy is to establish a clear outline for the procedures regarding the public submittal of written and digital audiovisual materials for City Council meetings for related agenda items or public presentations during City Council meetings.
The Governance and Ethics Committee reviewed staff recommendations to Council Policy 041. The Committee held a robust discussion about the policy and Committee members stated the importance of the availability of the Tentative Meeting Agenda Calendar (TMAC) for the public showing future planned agenda items. The Committee approved the staff recommendations for the amended Council Policy 041 (“Public Submittal of Written and Digital Materials”).
DISCUSSION
In the effort to update and modernize the policy, the Governance and Ethics Committee approved the following amendments to Council Policy 041 (Attachment 2). In summary, the amended policy includes the following proposed amendments:
(a) Adds a purpose to the policy to establish a clear outline for the procedures regarding the public submittal of written and digital audiovisual materials for City Council meetings by members of the public.
(b) Includes revised deadlines for the submittal of written materials from 12 p.m. on one week prior to the City Council meeting, to be amended to be due by 10 a.m. one week prior to the scheduled City Council meeting.
(c) Updates deadlines for the submittal of written materials after the posting of the City Council meeting agenda which changed from 5 p.m. the day of the meeting to be amended to be due 12 p.m. the day of the meeting.
(d) Adds language to include the submission of written comments through eComment in Legistar, with options for eComments to be submitted up to 72 hours before the Council meeting at agenda posting and closed 15 minutes before start of City Council meetings.
(e) Includes the process for submission of digital audiovisual materials before a City Council meeting by email or by uploading to a secure digital electronic file program and removes the ability to submit flash drives during the meeting and older formats. (Note: The prior submission of digital audiovisual materials aligns with the City’s cybersecurity protocols, which preclude foreign devices from being connected or uploaded to the City’s networks and equipment without proper screening.)
(f) The policy will remove the reference to specified formats of electronic files, as technology is constantly changing; the City’s website will include the latest information for specific formats accepted.
(g) The policy will include an option for the public to bring submitted materials in paper format to the City Council meeting, which may be projected on the screen, as can be best accommodated.
In addition, City staff will update the City’s website with an informational webpage which will outline the policy and procedures on methods to participate in public meetings and the process to submit written and digital materials.
The Tentative Meeting Agenda Calendar (TMAC) will also be available to the public on the City website, with tentative agenda items for the next two regularly scheduled City Council meetings.
As recommended by the Governance and Ethics Committee, staff has brought forth the proposed amended Council Policy 041 (Attachment 3) and Resolution (Attachment 4) to the full City Council for their consideration and approval.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
COORDINATION
This report was coordinated with the City Clerk’s Office, Information Technology Department and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution amending Council Policy 041 (“Public Submittal of Written and Digital Materials”) in the form presented.
Staff
Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Policy and Procedure 041 (“Public Submittal of Written and Audiovisual Materials for Council Meetings”)
2. Council Policy 041 Public Submittal of Written and Digital Materials (redline)
3. Council Policy 041 Public Submittal of Written and Digital Materials (clean)
4. Draft Resolution