REPORT TO GOVERNANCE AND ETHICS COMMITTEE
SUBJECT
Title
Review and Discussion of Council Policy 030 Adding an Item on the Agenda
Report
BACKGROUND
Over the past few years, Council Policy 030 (Attachment 1) has been discussed and reviewed by the Governance and Ethics Committee on a number of occasions and amended by the City Council twice. In 2019, at a special meeting on governance issues, the City Council discussed the Policy and how it pertains to referrals from Council. Council action was to refer the matter to its Governance and Ethics Committee. In early 2020, with a recommendation from the Governance and Ethics Committee, the Council approved and amended the Policy to clearly state the Council must take action on written petitions by a majority vote for an item to be referred to a future meeting. In September 2020, upon recommendations from the Governance Committee, the Council further amended the Policy to clearly state when the Council is considering adding an item to a future agenda, the discussion is limited to whether the item should be added to a future agenda and a meeting date, not the merit of the item. A Council Item Request Form to implement the Policy was also approved at that time.
At the September 28, 2021 City Council meeting, a written petition (Attachment 2) was submitted by Councilmember Suds Jain to revisit the policy for how a member of the public can place an item on the agenda which was referred to the Governance and Ethics Committee.
At the March 13, 2023 Governance and Ethics Committee meeting, the Committee approved the 2023 workplan which included the review and discussion of Council Policy 030 at the June 5, 2023 Committee meeting. The Committee members requested a review of the Policy and its intended use to add items to the agenda.
DISCUSSION
The purpose of Council Policy 030 is to establish a clear and effective 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. The policy was adopted to create uniform procedures for both the City Council and the public.
Under the 030 Policy, the general public also has the ability to submit a written request that is also heard under the “Written Petition” section of the City Council’s regular agenda. The public written request must be placed on an agenda within two council meetings after being received. A majority vote of the City Council is required to add the item to a future council meeting for action. The policy also provides that the public may address the Council during Public Presentations section of the agenda, and a request can be made at that time to refer an item to be added to a future meeting.
Even without a policy, the Ralph M. Brown Act, Government Code sections 54950 et seq, permits the public and councilmembers to address the City Council and propose items for referral. The public can petition the City Council during public comment and request that Council put an item on a future agenda, and the Council can consider and take action at that time. There is no legal requirement to have a separate written petition process to add items to the agenda like the City of Santa Clara has on its agenda. The Brown Act also allows the City Council to refer items to future agendas on their own. While no action or discussion can occur on the substance of an item not appearing on a posted agenda, the Council may request staff to report back on such item at a subsequent meeting or to have a formal item added to a future agenda for discussion or action. Cities are allowed to adopt their own administrative polices in order to implement these general rules, and that’s what Santa Clara’s 030 policy does.
At this Governance meeting, staff would like Committee input on a few proposed changes to the policy that staff believes could help streamline the referral process and help meetings run more efficiently.
1. Public Referrals:
-Consider replacing the formal “Written Petition” process with the opportunity for a member of the public to request an item be placed on a future Council agenda under Public Presentations.
2. Council Referrals:
--Provide for Mayor and Councilmembers consultations with the City Manager/City Attorney prior to submitting a written request to agendize an item
-Consultations will allow consideration of whether the issue or topic is currently being addressed by the City, or will soon be addressed, in some other manner, timing considerations and prioritization.
--Provide clarity on how and when Councilmembers may request an item be referred to staff, or for action on a future agenda, during the course of a City Council meeting
--Consider Moving Council referrals (written and/or verbal requests) to the end of the Council meeting under City Council comments
3. In General:
--City Manager/City Attorney Opportunity to Evaluate/Respond. In all cases, Senior staff will need the opportunity to evaluate and provide feedback on resource requirements, legality, timing and prioritization for any referral.
-Consider adding clarity to policy regarding what can and cannot be discussed when evaluating whether or not an item should be added to a future agenda.
ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
COORDINATION
This report was coordinated with the City Attorney and City Manager’s Offices.
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
Provide direction to staff on possible updates to the policy.
Staff
Reviewed by: Elizabeth Klotz, Assistant City Attorney and Maria Le, Assistant to the City Manager
Approved by: Glen Googins, City Attorney and Jōvan D. Grogan, City Manager
ATTACHMENTS
1. Council Policy 030 Adding an Item on the Agenda (Existing)
2. Written Petition Form (Existing, last update September 21, 2020)