DATE: February 21, 2023
TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager
FROM: Priscilla Schaus, Communications Director/City Clerk, Julie Paping, Principal Management Analyst
DEPARTMENT: Communications/City Clerk
City Manager
SUBJECT: POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA
RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council), approve the attached resolution adopting a Policy for Requesting to Add Items to a Future Agenda.
EXECUTIVE SUMMARY
At the February 6, 2023 City Council meeting, Mayor Froomin requested to agendize a formal policy for Councilmembers/Directors (Councilmembers) to request items be placed on an agenda for future City Council Meetings; he noted that the same report could be provided as the last time this topic was brought forward to the City Council (in July 2022). His request received support from two other Councilmembers. For City Council’s consideration, staff has drafted a proposed policy for requesting to add items to a future agenda. The City Council may choose to adopt the attached draft policy as written or provide staff with direction for amendments.
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BACKGROUND
The City Council adopted a Code of Conduct on November 2, 2020. The Code of Conduct included the following process for requesting to place items on an agenda:
Setting Agendas
1. The City/District Manager determines, in consultation with the Mayor/President, which items are placed on the City Council/ District Board’s meeting agendas and the timing for scheduling such items. An individual City Council/District Board Member’s request for an item to be placed on the agenda will be agendized to ask the full City Council/District Board if time should be spent on preparing a full report on the proposed agenda item.
2. City/District elected and appointed Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to meetings; however, this does not preclude Members from asking questions at Meetings.
3. Agenda items for City/District advisory bodies must originate with the City Council/District Board or from City/District staff. The City/District Staff Liaison will consult with the Chair of the advisory body or both Members of City Council Subcommittees to determine which items are placed on the meeting agendas of these groups.
Under the process for setting agendas, if a Councilmember requested an item be placed on an agenda, staff would bring a short staff report summarizing the request and providing basic information related to the request at a future City Council meeting. The full City Council would then vote on whether time should be spent preparing a full report and if the items should appear on a future agenda. Although the initial staff report would be shorter than a typical staff report, significant staff time could still be spent interpreting the request, gathering information including a legal opinion, and writing and reviewing the report.
The Code of Conduct, including the agenda setting process, was rescinded by City Council on December 13, 2021 by Minute Order No. 1823. Since then, there has been no formal process or written policy established clearly defining how Councilmembers may request to add items to an agenda.
Instead, an informal process has been followed. Under the informal process, Councilmembers may request an item be placed on a future agenda during the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports portion of a public meeting. If the request receives informal support from at least two other Councilmembers, the item is placed on a future agenda.
However, Councilmembers have raised concern that this process prohibits members of the public from providing input on whether or not items should be agendized as no prior public notice on the request is given.
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At the May 2, 2022 City Council meeting, then Vice Mayor Froomin requested to agendize a formal policy for Councilmembers to request items be placed on an agenda for future City Council Meetings. A formal policy for Councilmembers to agendize items was brought forth for City Council consideration at the July 18, 2022 City Council meeting, but the City Council at the time chose to not adopt the policy. The City Council has since continued its informal process requesting items to be placed on a future agendas during the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports portion of public meetings.
ANALYSIS
Staff is proposing a policy for requesting to add items to a future agenda that increases clarity in the request being made, reduces the need for staff time and effort in preparing for items which ultimately may or may not receive the support to proceed, and provides members of the public with the opportunity to comment on requests for future agenda items.
Under the proposed draft policy for requesting to add items to a future agenda, Councilmembers would complete a simple form identifying the request. The request would be in the Councilmembers own words; therefore, staff would be less likely to misinterpret the request. The request form would be submitted to the City Clerk at least two days prior to the publishing of the meeting agenda (the Monday before the meeting date). The item would appear on the agenda under the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports item regardless of the number of items on that agenda, and the form completed by the Councilmember would be posted as an attachment to the agenda. No staff report would accompany the agenda item. During the public meeting, the Councilmember would have an opportunity to state why they believe the item should appear on a future agenda, and members of the public would have the opportunity to comment on the request. Councilmembers could ask questions of staff and/or the Councilmember making the request and provide comment. Public comment would also be taken on the requested agenda items. The City Council would then vote on the item. If the item were to receive majority support, the item would appear on a future meeting agenda, accompanied by a staff report. If the item did not receive majority support, the item would not be agendized at a future meeting.
California Environmental Quality Act
Not Applicable
FISCAL IMPACT
There is no fiscal impact associated with this item.
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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Policy for Requesting to Add Items to a Future Agenda
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