REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Discussion and Action on Proposed Special Meeting Scheduling Policy
Report
BACKGROUND
The City Charter states the City Council shall hold regular meetings at least twice each month, at such times as it shall fix by ordinance or resolution, and may adjourn or readjourn any regular meeting to a date certain, which shall be specified in the order of adjournment, and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes.
Typically, City Council meetings have been adjourned by 12 a.m. and items not requiring immediate approval have been continued to a future meeting. Due to the workload and ongoing City projects and initiatives, the past two years have demonstrated the need for scheduling additional special meetings to support completion of Council agenda items.
More frequently in recent months, the volume of Council items requiring action has resulted in the need to schedule additional special City Council meetings or special closed sessions to ensure timely consideration of City business. While the City Clerk’s Office currently polls Councilmembers to identify a workable date, no formal procedure has been established for that polling process. Establishing a defined structure for scheduling these meetings will provide consistency, transparency, and fairness, and will ensure that any scheduling decision is supported on the record and may be followed without challenge.
As part of the work plan, the Governance and Ethics Committee expressed interest in establishing guidelines when scheduling additional special City Council meetings and Closed Sessions, including start times. In addition, the Committee members discussed the option of increasing the regular meeting schedule from two to three regular City Council meetings per month.
DISCUSSION
The following is a summary of the various types of meetings that may be scheduled for the City Council. Annually, the City Clerk’s Office establishes a calendar, approved by Resolution, for regularly scheduled meetings for the calendar year.
1) City Council /Stadium Authority Meetings: Regular meetings of the City Council are held at least two times a month. The meetings may be combined as Council “Concurrent” meetings with the Santa Clara Stadium Authority and other City Authorities (e.g., the Housing Authority). Agendas for regular meetings must be posted and released to the public at least 72 hours in advance of the meeting to comply with the Brown Act.
2) Special Meetings: Special meetings may be held on a non-regular meeting date and/or time. Special Meetings may be called by the Mayor, a majority vote of the City Council, or the City Manager. Agendas for special meetings must be posted at least 24 hours in advance of the meeting to comply with the Brown Act. Special meetings will include the items to be discussed, the meeting time and location, and public access information.
3) Study Sessions: Study Sessions occur during a Regular Meeting or a Special Meeting. They are held to provide information to the City Council, typically on issues that are more complex and time-consuming than matters scheduled on a regular meeting agenda. Typically, no action is taken at study sessions.
4) Closed Sessions: Closed sessions are private discussions of matters by the Council that are confidential in nature and that are qualified for private discussion under special provisions of the Brown Act. Closed sessions are not open to the public. In general, there are six allowable reasons for a closed session:
i. Personnel Matters for individuals appointed by the City Council,
ii. Pending or anticipated litigation,
iii. Real estate negotiations regarding the price and terms of payment for the purchase, sale, exchange, or lease of specific real property,
iv. Labor negotiations,
v. Public safety and security related to threats to public buildings or the public’s right to access public services, and
vi. License applications or license renewal by an applicant who has a criminal record.
5) Emergency Meetings: Emergency meetings are allowed per the Brown Act when an emergency involving matters upon which prompt action is necessary due to the disruption or threatened disruption of the public’s well-being. With proper findings, emergency meetings are not subject to the prior noticing requirements for regular or special meetings.
Proposed Policy
Staff has prepared the attached proposed Special Meeting Scheduling Policy (Attachment 1) for the Committee’s review. The proposed Policy supplements Council Policy 055, “Council Meeting Procedures and Protocols,” and establishes a standardized, transparent, and equitable process for determining the date and time of Special Meetings of the City Council and the Santa Clara Stadium Authority. The proposed Policy does not supersede any requirements of the City Charter or the Ralph M. Brown Act. Key elements of the proposed Policy include:
1) Scheduling Principle (Majority Availability): The date selected is the one on which the greatest number of Members have confirmed availability, provided a quorum is achieved. No individual Member’s schedule receives preference over this standard.
2) Initiation: A Special Meeting may be initiated by the City Manager, or by a majority of Members through written or electronic notice to the City Clerk’s Office. Upon initiation, the City Clerk’s Office promptly begins the polling process.
3) Availability Polling Process: The City Manager, in consultation with the City Clerk’s Office, identifies a minimum of three (3) proposed dates that comply with the Brown Act’s 24-hour advance written notice requirement. The City Clerk’s Office transmits the availability request to all Members simultaneously, with a response deadline of no more than forty-eight (48) hours. The City Clerk’s Office then compiles a written Availability Summary documenting member responses, which is retained as part of the official record.
4) Date Selection Criteria: The City Manager selects the date using four criteria, applied in order: (1) Greatest Availability; (2) Earliest Date as tiebreaker; (3) Quorum Confirmation, with re-polling if no proposed date achieves a quorum; and (4) Equal Treatment, meaning the date will not be adjusted to accommodate one Member where doing so would result in fewer total available Members.
5) Notice and Record Retention: Once a date is selected, the City Clerk’s Office issues the Special Meeting Notice in compliance with the Brown Act. The availability poll, Availability Summary, and Special Meeting Notice are retained for each scheduling process and are available as public records under the California Public Records Act.
The proposed Policy is attached for the Committee’s review and consideration. If the Committee approves the proposed Policy, or directs revisions, staff will incorporate any changes and present the Policy to the full City Council for 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 with this report other than administrative staff time.
COORDINATION
This report was coordinated with the City Manager’s Office and the 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
Approve the proposed Special Meeting Scheduling Policy, with any revisions directed by the Committee, and forward the Policy to the full City Council for consideration and adoption.
Staff
Reviewed by: Aracely Azevedo, Assistant City Manager
Approved by: Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Proposed Special Meeting Scheduling Policy