Fremont City Council Meeting: 10/18/22 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 # 4722) DOC ID: 4722
Updated: 10/12/2022 4:09 PM by Alberto Quintanilla Page 1
REVISE 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 to update the Procedure for Requesting Ceremonial Documents and to make minor technical amendments to the Rules and Procedures.
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.
On September 13, 2022, the City Council reviewed proposed edits to the City Council Handbook and provided City staff further direction on revisions, including withdrawing changes to draft Chapter III, Section L(1). 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 legal 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, Staff Report (ID # 4722) Meeting of October 18, 2022
Updated: 10/12/2022 4:09 PM by Alberto Quintanilla Page 2 replaces “Events and Meetings” agenda topic with a “Report on Committee Assignments” agenda topic.
• 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: Requires that requests for ceremonial items be received no later than two weeks prior to the requested date.
Also, 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.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: None.
ATTACHMENTS:
• Draft Resolution Approving Council Handbook Update
• Draft Resolution Approving Council List of Annual Ceremonial Celebrations • Draft Council Handbook of Rules and Procedures (Redlined Changes)
RECOMMENDATION: That the City Council:
1. Adopt a resolution amending the City Council Handbook of Rules and Procedures; and
2. Adopt a resolution approving a list of Annual Ceremonial Celebrations.