REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Discussion and Possible Action on Updates to Council Policy 030 ("Adding an Item to the Agenda”)
Report
BACKGROUND
The stated purpose of Council Policy 030 titled “Adding an Item to the Agenda” is to establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.
At the September 11, 2023 Governance and Ethics Committee meeting, the Governance and Ethics Committee approved the staff recommendations to amend Council Policy 030 and to bring forth the proposed amendments to the full Council for consideration as summarized in the Report to Committee (RTC 23-994) (Attachment 1). The Committee members expressed the importance of ensuring the amended policy preserves the public's ability to participate in meetings and petition the Council. The Committee voted to approve the staff recommendation to bring forth Council Policy 030 to the full Council for consideration and approval of the amended policy.
At the October 24, 2023 City Council meeting, The proposed Committee recommendations were brought forth to the full Council for consideration and approval. The City Council approved the recommendation to amend Council Policy 030 on the terms presented as summarized in the Report to Council (RTC 23-1160) (Attachment 2). The current Council Policy 030 was last revised on October 24, 2023, by Resolution No. 23-9278 (Attachment 3).
The Governance and Ethics Committee members have referred this policy for further discussion and review. As part of the Committee referral, this item is on the agenda for review and discussion.
DISCUSSION
The following is a summary of the notable provisions of the current Council Policy 030 ("Adding an Item to the Agenda"):
Referral from Members of the City Council in Advance of a Meeting:
After consultation with the City Manager (and/or City Attorney, as appropriate), the Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager’s Office for inclusion of an item on a future City Council agenda. An item may be referred to the City Manager for inclusion on a City Council agenda during a Council meeting by City Council action.
The procedure for written request from the City Council shall be as follows:
1. Members of the City Council shall use the Council Item Request form (Attachment 4) to submit a written request for inclusion of an item on a future City Council agenda.
2. Prior to submitting a Council Item Request form, the Member shall discuss the proposed request with the City Manager (And/or City Attorney, as appropriate). If City staff’s response does not satisfy the Member’s request, the Member shall submit the Council Item Request form for placement on a future City Council agenda.
3. Once the City Clerk’s Office receives the Council Item Request form, it should immediately be forwarded to the City Manager for placement on an agenda, if possible, within two (2) Council meetings after receipt of the original request by the City Clerk’s Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requestor without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
Referrals from Members of the Council at the Council Meeting:
If an issue arises during a Council meeting that may require future City Council action a City Council member may also request, through a referral, that such item be agendized for future Council consideration. Such a request may be considered by the Council following the “Procedure for Handling Requests at the City Council Meeting” set forth below.
Referral from a Council Committee:
Council Committees may request that an item be considered for inclusion on a future City Council agenda by formal committee action. Any such request shall be submitted to the City Manager in writing. Provided the request is received two (2) days prior to the public release of the City Council agenda packet the item shall be included for consideration at that City Council meeting in accordance with the “Procedure for Handling Requests at the City Council Meeting” set forth below.
Requests from Members of the Public:
Members of the public may request that an item be added to a City Council Agenda in any of the following ways:
1. Public Presentations: Any member of the public may address the City Council under the “Public Presentations” section of the agenda to make a request of the City Council to add an item to a future meeting. If a member of the public wishes to provide a written petition of their request prior to their appearance at a Council Meeting they may be submitted as follows:
a. Email: City Council: mayorandcouncil@santaclaraca.gov <mailto:mayorandcouncil@santaclaraca.gov> or
City Manager: manager@santaclaraca.gov <mailto:manager@santaclaraca.gov>
b. MySantaClara App: santaclaraca.gov/services/make-a-service-request
Note: Written Petitions will not be listed on the City Council agenda, and the member must be present at the meeting to present their request.
2. Individual City Councilmembers: Members of the public may directly petition individual City Councilmembers to request that an item be added to a future Council meeting. The Councilmember may then choose to submit the request through the Council referral process outlined in this Policy, above.
3. City Manager and City Departments: Members of the public may also petition the City Manager or City staff for specific action. The City Manager and/or staff may respond, as appropriate, directly to this request, or direct the member of the public to the other methods of petitioning the City outlined above.
Procedures for Handling Requests at a City Council Meeting:
1. At the meeting where the request to add an item to a future agenda is heard, Council discussion is limited to whether the item should be added to an agenda and a date, not the merit of the item. Valid considerations that can be discussed include whether the matter is within the City’s jurisdiction, being addressed in some other way, City resource requirements, legality, timing, and prioritization.
2. Council may take the following actions when a request is made:
a. No Action.
b. Refer the request to City staff for further study and a timely report back to Council.
c. Refer the item to a future annual Council Priority Setting session meeting.
d. Placement on a future Council meeting agenda for further consideration or action.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.
At this Governance and Ethics Committee meeting, this item is presented as a Committee referral for further discussion.
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 with this report other than administrative staff time.
COORDINATION
This report was coordinated with the City Manager’s Office and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Committee 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
Discuss and provide direction to staff on any proposed modifications to Council Policy 030 (“Adding an Item to the Agenda”)
Staff
Reviewed by: Maria Le, Assistant to the City Manager
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Report to Governance and Ethics Committee (RTC 23-994)
2. Report to Council (RTC 23-1160)
3. Council Policy 030 (“Adding an Item to the Agenda”)
4. Council Policy 030 Council Item Request form