Fremont City Council Meeting: 09/13/22 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4700) DOC ID: 4700
Updated: 9/8/2022 3:54 PM by Alberto Quintanilla Page 1 REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES - Adoption of a Resolution to Approve the Revised City Council Handbook of Rules and Procedures
Contact Persons:
Name: Rafael Alvarado
Title: City Attorney
Div/Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]
Executive Summary: The following report is being presented to the City Council for consideration of adoption of a resolution to amend the City Council Handbook. The proposed amendments are intended to implement technical amendments and clerical improvements to the Rules and Procedures, or clarification of meeting procedure.
BACKGROUND: Since the incorporation of the City of Fremont in 1956, City Councils have relied on the City Council Handbook of Rules and Procedures (“Council Handbook”) as a guide to conduct business as a group and a tool to facilitate public meetings. The content of the Council Handbook is a series of procedures and rules developed by past and present councils. In December 1997, the City Council adopted the existing Council Handbook.
Throughout the past twenty years, amendments have been made periodically by resolution.
The purpose of the Council Handbook is to serve as a convenient reference and guide for conducting the business of the City at public meetings by listing relevant procedures, practices and customs. The primary users of the handbook are the City Councilmembers, City Manager, City Attorney, and City Clerk. It is a public document.
DISCUSSION/ANALYSIS: On February 25, 2022, the City Council held its annual retreat to set priorities for the year. During the retreat, the City Council reaffirmed its existing policy for issuance of ceremonial documents, set forth in “Appendix D: Requests for Ceremonial Recognition.” Council members directed staff to review the Handbook for necessary technical amendments or clerical improvements, and also expressed an interest receiving a summary of the recurring recognitions and proclamations. Accordingly, City staff recommends that the City Council approve the attached updated City Council Handbook that includes the following proposed edits:
• Chapter I, Section H: Clarifies that, in addition to the City Manager, Council members may contact the City Attorney directly for matters concerning City l egal services and/or concerns about legal staff.
• Chapter III, Section K: To the “Agenda Format for Regular Meetings,” adds “Report Out of Closed Session” agenda topic in order to comply with the requirements of the California Brown Act and deletes the general “Report from City Attorney” topic. Also, replaces “Events and Meetings” agenda topic with a “Report of Meetings Attended by Council Members” agenda topic.
Staff Report (ID # 4700) Meeting of September 13, 2022 Updated: 9/8/2022 3:54 PM by Alberto Quintanilla Page 2 • Chapter III, Section L(1): Clarifies that public hearing items cannot be placed on Consent Calendar. Also, provides the City Council exclusive authority to withdraw items from the consent calendar. However, the public may continue to address the consent calendar prior to any Council vote on consent calendar and on any item withdrawn from the consent calendar.
• Chapter IV, Section B(3): Continues to authorize removal of members of the public for behavior that is disruptive of a City Council meeting, but deletes the term “boisterous” due to concern for ambiguity in application.
• Appendix D, Requests for Ceremonial Recognition: Replaces the title of “Ceremonial Resolution” with “Proclamations for Exemplary Service.” California Government Code section 36936 requires resolutions to be adopted by the City Council majority. This change in title will allow the City Council to continue its existing practice of issuing ceremonial recognitions without requiring a majority City Council vote at a publicly noticed City Council meeting.
All changes are reflected as Track Changes in the attached draft of the Council Handbook.
Other minor non-substantive changes are also noted in Track Changes in the attached draft of the Council Handbook. Also attached is a list of recurring recognitions and proclamations issued in 2021.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: None.
ATTACHMENTS:
• Draft Resolution-Council Handbook of Rules and Procedures • Draft Updated City Council Handbook of Rules and Procedures • Summary of Annual Recognitions and Proclamations
RECOMMENDATION: That the City Council adopt a resolution amending the City Council Handbook of Rules and Procedures.