Item No. {{item.number}}
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: GEORGE RODERICKS, CITY MANAGER
DATE: JULY 3, 2024
SUBJECT: REVIEW THE CITY COUNCIL HANDBOOK; DIRECT ANY
CHANGES; AND CONFIRM COUNCIL POLICIES AND
PROCEDURES
RECOMMENDATION
It is recommended that the Council review the City Council Handbook; direct any changes; and confirm Council Policies and Procedures.
BACKGROUND
Each year at the Annual Goals Meeting, the City Council reviews the City Council Handbook; and, if deemed appropriate, directs any changes and confirms Council policies and procedures.
Because the Council did not have a Goals Meeting in 2024, the Handbook is presented at tonight’s meeting for review.
In addition, staff has had conversations with members of the Council regarding several policy and procedure provisions that are being requested for discussion and/or clarification.
ANALYSIS
Attached is the City Council Handbook together with the City Council Rules of Procedure, Code of Conduct, and most recent Resolution Governing Town Committees. Together, these materials represent the City Council Handbook of Policies and Procedures. The attachment has been highlighted to reflect areas of necessary change (i.e. meeting time and location and the recent Public Comment revisions) as well as areas of potential discussion by the Council based on my one-on-one discussions with members of the Council.
Updates/Necessary Change
• Handbook, Section 3.2 City Council Meetings – needs update to meeting time and location. • Handbook, Section 6.13 Public Comments – needs update based on recent Council direction regarding speaker time limits
• Handbook, Section 5.12 Use of Email – needs to remove ability to automatic forward email City Council Handbook of Policies and Procedures
JULY 3, 2024
• Rules of Procedure, Section 4.2 Public Comments – needs update based on recent Council direction regarding speaker time limits
Discussions/Changes and Confirmation
Other areas of the complete City Council Handbook of Policies and Procedures have been highlighted based on recent one-on-one discussion with members of the Council where questions were raised regarding actions of individual Councilmembers, conformance with Council policies, interpretation of policies, applicability of policies, and definition of intent. Some of the items listed below interrelate.
Council Handbook
Section 3.4 Subcommittees – discussion here related to how Subcommittees work, both Ad Hoc and Standing. Expectations for committee charter creation as well as dissolution when work is completed. Lastly, there was discussion around how Liaisons (primary and alternate) are not Ad Hoc Subcommittees and the affect on such members when the Liaisons act as Subcommittees in relation to charter and the Brown Act.
Section 3.6 Election of Mayor and Vice Mayor – discussion here related to how the Mayor and Vice Mayor are selected each year and the possible development of an expected process and timing for selection based on experience or tenure.
Section 4.3 City Council Liaisons – discussion here related to the role of liaisons, attendance expectations for both the primary and alternate liaison, liaisons working as Subcommittees, and the expectations for participation in discussion and direction provided to appointed committee members by liaisons.
Section 5.4 Relations with Town Staff – discussion here related to the expectation that Councilmembers work through the City Manager when seeking information; and instances where Councilmembers may unintentionally provide direction to junior staff. Discussion related to the City Manager’s policy that relevant policy-based information provided to one Councilmember should be timely provided to all members of the Council and that by not going through the City Manager, that policy can be undermined.
Section 5.11 Authority of Councilmembers – discussion here related to the ability of Council members to expend public funds, facilitate agreements on behalf of the Town, or bind the Town in any way.
Rules of Procedure
Section 4 Order/Preparation of Agenda – discussion here related to Council Reports/Comments and providing a process to ensure that members of the Council serving as liaisons to outside agencies report out on activities to the full Council. In the past, the Council has listed all such roles on the Agenda and each meeting went through each, required written reports to be provided by City Council Handbook of Policies and Procedures
JULY 3, 2024
each member of the Council, and required an annual meeting (June Study Session) dedicated to reporting out. All of these methods worked for a short period of time only.
Section 8.2 Appointment of Council Members to City Council Committees & Section 8.3 Ad Hoc Committees – discussion here related to the role of Council on Ad Hoc Subcommittees and Standing Subcommittees of the Council. Issues raised similar to Section 3.4 noted above.
Code of Conduct
Relationship between Council, Committee, and Commissioners, and Staff – discussion here related to the 30-minute rule, how it applies, and how it does not negate the requirement to go through the City Manager for such queries.
Section 7 Communication – discussion here related to the requirement to share substantive information received that is relevant to the matter under discussion. This related to the new add to the Agenda of Ex Parte Communication disclosure.
Section 8 Coordination with City Staff – discussion here related to ensuring that the City Manager and his/her relevant directed staff are involved in regional discussion when had by members of the Council related to Town business.
Section 13 Use of Public Resources – discussion here related to use of Town resources, inclusive of staff. This was related to issues raised related to the 30-minute rule and going through the City Manager.
Section 14 Policy Role of Members – discussion here related to requirement that Councilmembers respect and adhere to the Council-Manager structure of government by ensuring that discussion and action is at the policy level rather than the operational level.
Section 20 Compliance and Enforcement – discussion here related to responsibility for enforcement of the policies and procedures and that, absent violation of law, that rests with the Councilmembers themselves.
Committee Resolution
Section 3 Appointment of Voting Members to Committees – discussion here related to the 4-year term limits for committee appointments and whether that should be for a shorter term. Discussion also related to the role of liaisons and the expectation and/or ability for both the primary and the alternate to attend committee meetings. When liaisons attend together and discuss together policy issues that ultimately matriculate up to the Council they have become a de facto City Council Subcommittee and are restricted as such by the Brown Act. Allowing this will result in numerous Brown Act issues as the Council appoints rotates its primary and alternate roles on Town Committees, regional boards and bodies, and regional liaison roles.
FISCAL IMPACT
None.
City Council Handbook of Policies and Procedures
JULY 3, 2024
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned
POLICY FOCUS
The Policy Focus for this item is the City Council interpretation and application of existing policies and procedures, expectations for conformance, recommendations for changes, and confirmation of overall policies, procedures, and rules of conduct.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. City Council Handbook of Policies and Procedures