Agenda packet — Palo Alto City Council, December 19, 2022 (part 3 of 3)

The total number of registered voters in the City was 41,935; the total number of ballots including absentee ballots cast was 25,862.

Staff recommends the City Council adopt the attached Resolutio n certifying the results of the election. The Clerk will transmit the Council Resolution to the Secretary of State as required by State law.

ATTACHMENTS:
• Attachmenta: Attachment A: Draft Election Resolution (DOCX) • Attachmentb: Attachment B: ROV Certification of Election - Candidates (PDF) • Attachmentc: Attachment C: ROV Certification of Election - Ballot Measures (PDF) Packet Pg. 318
18 NOT YET APPROVED
Resolution No.

Resolution of The Council of The City of Palo Alto Declaring the Results of the Consolidated General Election Held on Tuesday, November 8, 2022

R E C I T A L S
A. On November 8, 2022, a general municipal election was duly held in the City of Palo Alto pursuant to the provisions of Article III, Section 4 of the Charter of the City of Palo Alto for the purpose of electing three members to the City Council, each for a full term of four years expiring December 31, 2026 and to vote on two ballot Measures at the request of the City Council: Ballot Measure K - local business tax and Ballot Measure L - natural gas utility general fund transfer.

SECTION 1. The Council finds and declares that:
(a) A general municipal election was duly and regularly held on November 8, 2022, according to the Charter of the City of Palo Alto, Resolution Number 9901, and the election laws of the State of California;
(b) The total number of registered voters in the City was 41,935; the total number of ballots including absentee ballots cast was 25,862; the total number of votes cast in the City at the municipal election for the purpose of electing three council members for full terms was 63,386; and the total number of votes cast for or against Measure K was 25, 836 and for or against Measure L was 25,360; (c) The total number of votes given and cast at the municipal election, including votes cast upon absentee ballots, was as follows for the candidates for City Council for full terms:

CANDIDATE TOTAL VOTES %
VICKI VEENKER 14,292 22.55%
ED LAUING 13,052 20.59%
JULIE LYTHCOTT-HAIMS 12,036 18.99%
LISA FORSSELL 9,046 14.27%
DORIA SUMMA 7,785 12.28%
ALEX COMSA 3,728 5.88%
BRIAN HAMACHEK 3,447 5.44%
Total Votes 63,386
(d) Vicki Veenker, Ed Lauing and Julie Lythcott -Haims being the three candidates receiving the highest number of votes for the office of Council Member for a full four-year term, were duly a
Packet Pg. 319
18a
20181129 th 0140196

and regularly elected for terms of four years commencing January 1, 2023 to serve as Council Members of the City of Palo Alto.
(e) The total number of votes given and cast at the municipal election, including votes cast upon absentee ballots, was as follows for Measure K Local Business Tax:

MEASURE K - LOCAL BUSINESS TAX
Yes 17,311 67.00%
No 8,525 33.00%
Total Votes 25,836
(f) The total number of votes given and cast at the municipal election, including votes cast upon absentee ballots, was as follows for Measure L Natural Gas Utility General Fund Transfer Tax:

MEASURE L - NATURAL GAS UTILITY GENERAL FUND TRANSFER
Yes 19,711 77.72%
No 5,649 22.28%
Total Votes 25,360
SECTION 2. Attached hereto as Exhibit "A" and incorporated herein by this reference is the statement of the results as required by Section 10264 of the California Elections Code.

INTRODUCED AND PASSED: December 19, 2022
AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED AS TO FORM:
_____________________________
City Attorney
ATTEST: APPROVED:
_____________________________ ___________________________ City Clerk Mayor
a
Packet Pg. 320
a18a
County of Santa Clara
Registrar of Voters
1555 Berger Drive, Bldg. 2
San Jose, CA 95112
Mailing Address: P.O. Box 611360, San Jose, CA 95161-1360 (408) 299-VOTE (8683) 866-430-VOTE (8683) FAX: (408) 998-7314 www.sccvote.org
Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee , Susan Ellenberg , S. Joseph Simitian County Executive: Jeffrey V. Smith
December 8, 2022 Via email: [email protected] Maheal [email protected]
Vi [email protected]
Ms. Lesley Milton
Ms. Mahealani Ah Yun
Mr. Vinh Loc Nguyen
City of Palo Alto
250 Hamilton Avenue, 7th Floor
Palo Alto, CA 94301
RE
: November 8, 2022 General Election Certification of Election Results for City Contests Dear Ms
. Milton, et. al.:

Enc
losed are the Certificate(s) of Election Results, Official Results, and Statement of Votes for the contest(s) in your jurisdiction.

Pur
suant to Elections Code Section 15400, the Governing Board should accept the Statement of Votes and Certificate of Election Results and declare the totals to be the final results of the election.

Pl
ease feel free to contact me at 408-282-3041 should you have questions or need anything further.

Si
ncerely,
Br
en Lehr, Election Division Coordinator
Registrar of Voters
Candidate Services Division
Enc
losures
b
Packet Pg. 321
a18a
b
Packet Pg. 322
a18a
b
Packet Pg. 323
a18a
b
Packet Pg. 324
a18a
Registered Voters
Voters Cast
Turnout (%)

VICKI VEENKER

DORIA SUMMA
BRIAN

HAMACHEK

LISA FORSSELL

JULIE LYTHCOTT-
HAIMS

ED LAUING
Electionwide Precinct 41935 1721 4.10 % 637 488 300 517 530 657 Electionwide Vote by Mail 41935 25862 61.67 % 13655 7297 3147 8529 11506 12395 Electionwide Total 41935 27583 65.78 % 14292 7785 3447 9046 12036 13052 16th Congressional District Precinct 41935 1721 4.10 % 637 488 300 517 530 657 16th Congressional District Vote by Mail 41935 25862 61.67 % 13655 7297 3147 8529 11506 12395 16th Congressional District Total 41935 27583 65.78 % 14292 7785 3447 9046 12036 13052 13th Senatorial District Precinct 41935 1721 4.10 % 637 488 300 517 530 657 13th Senatorial District Vote by Mail 41935 25862 61.67 % 13655 7297 3147 8529 11506 12395 13th Senatorial District Total 41935 27583 65.78 % 14292 7785 3447 9046 12036 13052 23rd Assembly District Precinct 41935 1721 4.10 % 637 488 300 517 530 657 23rd Assembly District Vote by Mail 41935 25862 61.67 % 13655 7297 3147 8529 11506 12395 23rd Assembly District Total 41935 27583 65.78 % 14292 7785 3447 9046 12036 13052 State Board of Equalization #2 Precinct 41935 1721 4.10 % 637 488 300 517 530 657 State Board of Equalization #2 Vote by Mail 41935 25862 61.67 % 13655 7297 3147 8529 11506 12395 State Board of Equalization #2 Total 41935 27583 65.78 % 14292 7785 3447 9046 12036 13052 5th Supervisorial District Precinct 41935 1721 4.10 % 637 488 300 517 530 657 5th Supervisorial District Vote by Mail 41935 25862 61.67 % 13655 7297 3147 8529 11506 12395 5th Supervisorial District Total 41935 27583 65.78 % 14292 7785 3447 9046 12036 13052 City of Palo Alto Precinct 41935 1721 4.10 % 637 488 300 517 530 657 City of Palo Alto Vote by Mail 41935 25862 61.67 % 13655 7297 3147 8529 11506 12395 City of Palo Alto Total 41935 27583 65.78 % 14292 7785 3447 9046 12036 13052 Total - Precinct 41935 1721 4.10 % 637 488 300 517 530 657 Total - Vote by Mail 41935 25862 61.67 % 13655 7297 3147 8529 11506 12395 Contest Total 41935 27583 65.78 % 14292 7785 3447 9046 12036 13052 Santa Clara
Santa Clara 2022 General
1 City of Palo Alto Council Member

ALEX COMSA
360
3368
3728
360
3368
3728
360
3368
3728
360
3368
3728
360
3368
3728
360
3368
3728
360
3368
3728
360
3368
3728
Printed: Tuesday, December 6, 2022 5:59 PM Data Refreshed: Tuesday, December 6, 2022 5:58 PM Page 84 of 123 b
Packet Pg. 325
a18a
Registered Voters
Voters Cast

VICKI VEENKER

DORIA SUMMA
BRIAN

HAMACHEK

LISA FORSSELL

JULIE LYTHCOTT-
HAIMS

ED LAUING
0002001 Precinct 4 20 5 7 4 3 3 2
0002001 Vote by Mail 4 4 1 1 1 2 3 1
0002001 Total 4 24 6 8 5 5 6 3
0002002 Precinct 2197 105 38 16 19 33 29 28
0002002 Vote by Mail 2197 1272 635 254 129 410 560 463
0002002 Total 2197 1377 673 270 148 443 589 491
0002003 Precinct 1803 74 42 22 9 23 26 33
0002003 Vote by Mail 1803 1136 690 292 102 391 556 626
0002003 Total 1803 1210 732 314 111 414 582 659
0002005 Precinct 2829 124 45 33 15 43 34 45
0002005 Vote by Mail 2829 1758 966 567 183 633 912 689
0002005 Total 2829 1882 1011 600 198 676 946 734
0002006 Precinct 374 8 3 1 3 1 3 4
0002006 Vote by Mail 374 221 109 50 43 71 97 75
0002006 Total 374 229 112 51 46 72 100 79
0002010 Precinct 1894 114 40 42 16 37 39 29
0002010 Vote by Mail 1894 1031 522 272 138 351 482 413
0002010 Total 1894 1145 562 314 154 388 521 442
0002013 Precinct 2952 111 26 28 18 27 23 41
0002013 Vote by Mail 2952 1815 916 520 264 586 802 871
0002013 Total 2952 1926 942 548 282 613 825 912
0002016 Precinct 2902 106 33 26 18 34 40 40
0002016 Vote by Mail 2902 1703 781 564 253 482 716 828
0002016 Total 2902 1809 814 590 271 516 756 868
0002018 Precinct 149 5 2 1 4 2 1
0002018 Vote by Mail 149 67 31 15 11 29 16 15
0002018 Total 149 72 33 16 15 29 18 16
0002019 Precinct 2262 95 34 31 12 26 29 42
0002019 Vote by Mail 2262 1400 693 416 192 418 570 663
0002019 Total 2262 1495 727 447 204 444 599 705
0002028 Precinct 1863 85 23 31 22 23 22 40
0002028 Vote by Mail 1863 1105 556 293 150 354 476 574
0002028 Total 1863 1190 579 324 172 377 498 614
0002029 Precinct 2740 104 40 30 17 37 32 53
0002029 Vote by Mail 2740 1691 866 477 226 528 754 896
0002029 Total 2740 1795 906 507 243 565 786 949
0002030 Precinct 2541 118 48 33 22 33 33 41
0002030 Vote by Mail 2541 1590 867 417 165 606 741 648
0002030 Total 2541 1708 915 450 187 639 774 689
0002032 Precinct 2454 117 53 27 23 34 45 47
0002032 Vote by Mail 2454 1348 656 292 184 468 587 598
0002032 Total 2454 1465 709 319 207 502 632 645
0002035 Precinct 3127 119 36 42 30 32 31 48

59.70 % 228

3.81 % 29

67.22 % 275

4.77 % 33

54.93 % 195

65.51 % 215

4.64 % 26

62.57 % 249

63.88 % 169

3.80 % 23

61.72 % 192

66.09 % 233

4.56 % 18

59.31 % 151

48.32 % 16

4.20 % 25

61.89 % 208

62.34 % 254

3.36 % 2

44.97 % 14

65.24 % 254

3.65 % 10

58.68 % 244

60.45 % 194

3.76 % 31

61.48 % 223

61.23 % 32

6.02 % 28

54.44 % 166

66.53 % 230

2.14 % 2

59.09 % 30

67.11 % 145

4.38 % 26

62.14 % 204

62.68 % 182

4.10 % 18

63.01 % 127
600.00 % 6

4.78 % 17

57.90 % 165
Turnout (%)

ALEX COMSA
500.00 % 5
100.00 % 1
Santa Clara
Santa Clara 2022 General
1 City of Palo Alto Council Member
Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 84 of 123 b
Packet Pg. 326
a18a
Santa Clara
Santa Clara 2022 General
0002035 Vote by Mail 3127 2010 1049 660 253 627 881 1008 0002035 Total 3127 2129 1085 702 283 659 912 1056
0002036 Precinct 1511 53 15 17 7 9 18 23
0002036 Vote by Mail 1511 995 543 324 111 283 443 566
0002036 Total 1511 1048 558 341 118 292 461 589
0002043 Precinct 1818 59 19 16 11 20 16 17
0002043 Vote by Mail 1818 1241 681 336 143 458 575 660
0002043 Total 1818 1300 700 352 154 478 591 677
0002049 Precinct 2273 71 29 24 8 22 26 35
0002049 Vote by Mail 2273 1483 847 453 137 523 627 774
0002049 Total 2273 1554 876 477 145 545 653 809
0002065 Precinct 1941 80 30 19 18 23 26 27
0002065 Vote by Mail 1941 1258 711 384 121 407 537 664
0002065 Total 1941 1338 741 403 139 430 563 691
0002068 Precinct 2142 82 40 23 11 35 34 34
0002068 Vote by Mail 2142 1362 731 386 169 474 559 692
0002068 Total 2142 1444 771 409 180 509 593 726
0002090 Precinct 1429 51 26 17 10 14 14 21
0002090 Vote by Mail 1429 929 594 213 107 306 429 492
0002090 Total 1429 980 620 230 117 320 443 513
0002103 Precinct 668 19 9 2 3 7 5 5
0002103 Vote by Mail 668 400 189 103 59 107 166 173
0002103 Total 668 419 198 105 62 114 171 178
0002126 Precinct 60 1 1 1 1
0002126 Vote by Mail 60 43 21 8 6 15 17 6
0002126 Total 60 44 22 8 6 16 17 7
0002151 Precinct 2 0
0002151 Vote by Mail 2 0
0002151 Total 2 0
Total - Precinct 41935 1721 637 488 300 517 530 657
Total - Vote by Mail 41935 25862 13655 7297 3147 8529 11506 12395 Contest Total 41935 27583 14292 7785 3447 9046 12036 13052

61.67 % 3368

65.78 % 3728

0.00 %

4.10 % 360

73.33 % 10

0.00 %

62.72 % 58

1.67 %

71.67 % 10

68.58 % 118

2.84 % 3

59.88 % 55

67.41 % 197

3.57 % 10

65.01 % 108

68.93 % 199

3.83 % 11

63.59 % 186

68.37 % 205

4.12 % 16

64.81 % 183

71.51 % 159

3.12 % 12

65.24 % 193

69.36 % 97

3.25 % 12

68.26 % 147

68.08 % 252

3.51 % 3

65.85 % 94

64.28 % 223
Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 84 of 123 b
Packet Pg. 327
a18a
County of Santa Clara
Registrar of Voters
1555 Berger Drive, Bldg. 2
San Jose, CA 95112
Mailing Address: P.O. Box 611360, San Jose, CA 95161-1360 (408) 299-VOTE (8683) 866-430-VOTE (8683) FAX: (408) 998-7314 www.sccvote.org
Board of Supervisors: Mike Wasserman, Cindy Chavez, Otto Lee , Susan Ellenberg, S. Joseph Simitian County Executive: Jeffrey V. Smith
December 8, 2022 Via email: [email protected] M [email protected]
V [email protected]
Ms
. Lesley Milton
Ms. Mahealani Ah Yun
Mr. Vinh Loc Nguyen
City of Palo Alto
250 Hamilton Avenue, 7th Floor
Palo Alto, CA 94301
R
E: November 8, 2022 General Election Certification of Election Results for Measures K and L D
ear Ms. Milton, et. al.:

E
nclosed are the Certificate(s) of Election Results, Official Results and Statement of Votes for the contest(s) in your jurisdiction.

P
ursuant to Elections Code Section 15400, the Governing Board should accept the Statement of Votes and Certificate(s) of Election Results and declare the totals to be the final results of the election.

P
lease feel free to contact me at 408- 282-3041 should you have questions or need anything further.

S
incerely,
B
ren Lehr, Election Division Coordinator
Registrar of Voters
Candidate Services Division
E
nclosures
c
Packet Pg. 328
a18a
c
Packet Pg. 329
a18a
c
Packet Pg. 330
a18a
c
Packet Pg. 331
a18a
c
Packet Pg. 332
a18a
Registered
Voters
Voters Cast
Turnout (%)
Yes
Electionwide Precinct 41935 1722 4.11 % 890
Electionwide Vote by Mail 41935 25929 61.83 % 16421
Electionwide Total 41935 27651 65.94 % 17311
16th Congressional District Precinct 41935 1722 4.11 % 890 16th Congressional District Vote by Mail 41935 25929 61.83 % 16421 16th Congressional District Total 41935 27651 65.94 % 17311 13th Senatorial District Precinct 41935 1722 4.11 % 890 13th Senatorial District Vote by Mail 41935 25929 61.83 % 16421 13th Senatorial District Total 41935 27651 65.94 % 17311 23rd Assembly District Precinct 41935 1722 4.11 % 890
23rd Assembly District Vote by Mail 41935 25929 61.83 % 16421 23rd Assembly District Total 41935 27651 65.94 % 17311
State Board of Equalization #2 Precinct 41935 1722 4.11 % 890 State Board of Equalization #2 Vote by Mail 41935 25929 61.83 % 16421 State Board of Equalization #2 Total 41935 27651 65.94 % 17311 5th Supervisorial District Precinct 41935 1722 4.11 % 890 5th Supervisorial District Vote by Mail 41935 25929 61.83 % 16421 5th Supervisorial District Total 41935 27651 65.94 % 17311 City of Palo Alto Precinct 41935 1722 4.11 % 890
City of Palo Alto Vote by Mail 41935 25929 61.83 % 16421 City of Palo Alto Total 41935 27651 65.94 % 17311
Total - Precinct 41935 1722 4.11 % 890
Total - Vote by Mail 41935 25929 61.83 % 16421
Contest Total 41935 27651 65.94 % 17311
Santa Clara
Santa Clara 2022 General
1 Measure K - City of Palo Alto, Local
Business Tax
No
712
7813
8525
712
7813
8525
712
7813
8525
712
7813
8525
712
7813
8525
712
7813
8525
712
7813
8525
712
7813
8525
Printed: Tuesday, December 6, 2022 5:59 PM Data Refreshed: Tuesday, December 6, 2022 5:58 PM Page 115 of 123 c
Packet Pg. 333
a18a
Registered
Voters
Voters Cast
Yes
0002001 Precinct 4 20 10
0002001 Vote by Mail 4 4 2
0002001 Total 4 24 12
0002002 Precinct 2197 106 61
0002002 Vote by Mail 2197 1280 818
0002002 Total 2197 1386 879
0002003 Precinct 1803 74 46
0002003 Vote by Mail 1803 1139 748
0002003 Total 1803 1213 794
0002005 Precinct 2829 124 68
0002005 Vote by Mail 2829 1765 1212
0002005 Total 2829 1889 1280
0002006 Precinct 374 8 3
0002006 Vote by Mail 374 222 127
0002006 Total 374 230 130
0002010 Precinct 1894 114 65
0002010 Vote by Mail 1894 1036 672
0002010 Total 1894 1150 737
0002013 Precinct 2952 111 37
0002013 Vote by Mail 2952 1821 1147
0002013 Total 2952 1932 1184
0002016 Precinct 2902 106 56
0002016 Vote by Mail 2902 1709 1057
0002016 Total 2902 1815 1113
0002018 Precinct 149 5 3
0002018 Vote by Mail 149 67 38
0002018 Total 149 72 41
0002019 Precinct 2262 95 50
0002019 Vote by Mail 2262 1402 828
0002019 Total 2262 1497 878
0002028 Precinct 1863 85 47
0002028 Vote by Mail 1863 1106 675
0002028 Total 1863 1191 722
0002029 Precinct 2740 104 58
0002029 Vote by Mail 2740 1694 1045
0002029 Total 2740 1798 1103
0002030 Precinct 2541 118 65
0002030 Vote by Mail 2541 1598 1110
0002030 Total 2541 1716 1175
0002032 Precinct 2454 117 65
0002032 Vote by Mail 2454 1350 796
0002032 Total 2454 1467 861
0002035 Precinct 3127 119 53
0002035 Vote by Mail 3127 2011 1203

59.78 % 529

3.81 % 61

64.31 % 649

67.53 % 410

4.77 % 50

55.01 % 479

65.62 % 596

4.64 % 44

62.89 % 366

63.93 % 384

3.80 % 40

61.82 % 556

66.18 % 520

4.56 % 36

59.37 % 348

48.32 % 25

4.20 % 42

61.98 % 478

62.54 % 590

3.36 % 2

44.97 % 23

65.45 % 640

3.65 % 43

58.89 % 547

60.72 % 337

3.76 % 68

61.69 % 572

61.50 % 83

6.02 % 42

54.70 % 295

66.77 % 476

2.14 % 4

59.36 % 79

67.28 % 345

4.38 % 41

62.39 % 435

63.09 % 372

4.10 % 23

63.17 % 322
600.00 % 5

4.82 % 32

58.26 % 340
Turnout (%)
No
500.00 % 4
100.00 % 1
Santa Clara
Santa Clara 2022 General
1 Measure K - City of Palo Alto, Local Business Tax
Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 115 of 123 c
Packet Pg. 334
a18a
Santa Clara
Santa Clara 2022 General
0002035 Total 3127 2130 1256
0002036 Precinct 1511 53 25
0002036 Vote by Mail 1511 998 679
0002036 Total 1511 1051 704
0002043 Precinct 1818 59 24
0002043 Vote by Mail 1818 1243 765
0002043 Total 1818 1302 789
0002049 Precinct 2273 71 40
0002049 Vote by Mail 2273 1484 993
0002049 Total 2273 1555 1033
0002065 Precinct 1941 80 41
0002065 Vote by Mail 1941 1263 807
0002065 Total 1941 1343 848
0002068 Precinct 2142 82 40
0002068 Vote by Mail 2142 1363 842
0002068 Total 2142 1445 882
0002090 Precinct 1429 51 23
0002090 Vote by Mail 1429 931 611
0002090 Total 1429 982 634
0002103 Precinct 668 19 9
0002103 Vote by Mail 668 400 226
0002103 Total 668 419 235
0002126 Precinct 60 1 1
0002126 Vote by Mail 60 43 20
0002126 Total 60 44 21
0002151 Precinct 2 0
0002151 Vote by Mail 2 0
0002151 Total 2 0
Total - Precinct 41935 1722 890
Total - Vote by Mail 41935 25929 16421
Contest Total 41935 27651 17311

61.83 % 7813

65.94 % 8525

0.00 %

4.11 % 712

73.33 % 19

0.00 %

62.72 % 158

1.67 %

71.67 % 19

68.72 % 297

2.84 % 8

59.88 % 150

67.46 % 483

3.57 % 25

65.15 % 272

69.19 % 403

3.83 % 38

63.63 % 445

68.41 % 430

4.12 % 28

65.07 % 375

71.62 % 434

3.12 % 27

65.29 % 403

69.56 % 279

3.25 % 33

68.37 % 401

68.12 % 710

3.51 % 21

66.05 % 258
Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 115 of 123 c
Packet Pg. 335
a18a
Registered
Voters
Voters Cast
Yes
0002001 Precinct 4 20 10
0002001 Vote by Mail 4 4 3
0002001 Total 4 24 13
0002002 Precinct 2197 106 74
0002002 Vote by Mail 2197 1280 928
0002002 Total 2197 1386 1002
0002003 Precinct 1803 74 45
0002003 Vote by Mail 1803 1139 860
0002003 Total 1803 1213 905
0002005 Precinct 2829 124 78
0002005 Vote by Mail 2829 1765 1315
0002005 Total 2829 1889 1393
0002006 Precinct 374 8 4
0002006 Vote by Mail 374 222 156
0002006 Total 374 230 160
0002010 Precinct 1894 114 74
0002010 Vote by Mail 1894 1036 754
0002010 Total 1894 1150 828
0002013 Precinct 2952 111 61
0002013 Vote by Mail 2952 1821 1297
0002013 Total 2952 1932 1358
0002016 Precinct 2902 106 68
0002016 Vote by Mail 2902 1709 1172
0002016 Total 2902 1815 1240
0002018 Precinct 149 5 4
0002018 Vote by Mail 149 67 41
0002018 Total 149 72 45
0002019 Precinct 2262 95 66
0002019 Vote by Mail 2262 1402 947
0002019 Total 2262 1497 1013
0002028 Precinct 1863 85 61
0002028 Vote by Mail 1863 1106 775
0002028 Total 1863 1191 836
0002029 Precinct 2740 104 72
0002029 Vote by Mail 2740 1694 1182
0002029 Total 2740 1798 1254
0002030 Precinct 2541 118 75
0002030 Vote by Mail 2541 1598 1193
0002030 Total 2541 1716 1268
0002032 Precinct 2454 117 74
0002032 Vote by Mail 2454 1350 965
0002032 Total 2454 1467 1039
0002035 Precinct 3127 119 74
0002035 Vote by Mail 3127 2011 1454

59.78 % 322

3.81 % 39

64.31 % 384

67.53 % 288

4.77 % 40

55.01 % 282

65.62 % 412

4.64 % 34

62.89 % 254

63.93 % 240

3.80 % 23

61.82 % 389

66.18 % 354

4.56 % 19

59.37 % 221

48.32 % 16

4.20 % 24

61.98 % 330

62.54 % 428

3.36 % 1

44.97 % 15

65.45 % 428

3.65 % 29

58.89 % 399

60.72 % 225

3.76 % 38

61.69 % 390

61.50 % 53

6.02 % 31

54.70 % 194

66.77 % 320

2.14 % 4

59.36 % 49

67.28 % 211

4.38 % 25

62.39 % 295

63.09 % 221

4.10 % 20

63.17 % 191
600.00 % 4

4.82 % 15

58.26 % 206
Turnout (%)
No
500.00 % 4
100.00 %
Santa Clara
Santa Clara 2022 General
1 Measure L - City of Palo Alto, Natural Gas Utility General Fund Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 116 of 123 c
Packet Pg. 336
a18a
Santa Clara
Santa Clara 2022 General
0002035 Total 3127 2130 1528
0002036 Precinct 1511 53 29
0002036 Vote by Mail 1511 998 723
0002036 Total 1511 1051 752
0002043 Precinct 1818 59 31
0002043 Vote by Mail 1818 1243 874
0002043 Total 1818 1302 905
0002049 Precinct 2273 71 45
0002049 Vote by Mail 2273 1484 1106
0002049 Total 2273 1555 1151
0002065 Precinct 1941 80 54
0002065 Vote by Mail 1941 1263 912
0002065 Total 1941 1343 966
0002068 Precinct 2142 82 52
0002068 Vote by Mail 2142 1363 963
0002068 Total 2142 1445 1015
0002090 Precinct 1429 51 28
0002090 Vote by Mail 1429 931 692
0002090 Total 1429 982 720
0002103 Precinct 668 19 11
0002103 Vote by Mail 668 400 273
0002103 Total 668 419 284
0002126 Precinct 60 1 1
0002126 Vote by Mail 60 43 35
0002126 Total 60 44 36
0002151 Precinct 2 0
0002151 Vote by Mail 2 0
0002151 Total 2 0
Total - Precinct 41935 1722 1091
Total - Vote by Mail 41935 25929 18620
Contest Total 41935 27651 19711

61.83 % 5184

65.94 % 5649

0.00 %

4.11 % 465

73.33 % 7

0.00 %

62.72 % 106

1.67 %

71.67 % 7

68.72 % 193

2.84 % 5

59.88 % 101

67.46 % 319

3.57 % 18

65.15 % 175

69.19 % 266

3.83 % 20

63.63 % 299

68.41 % 299

4.12 % 15

65.07 % 251

71.62 % 306

3.12 % 21

65.29 % 278

69.56 % 208

3.25 % 25

68.37 % 281

68.12 % 423

3.51 % 15

66.05 % 193
Printed: Wednesday, December 7, 2022 1:14 PM Data Refreshed: Wednesday, December 7, 2022 1:14 PM Page 116 of 123 c
Packet Pg. 337
a18a
Registered
Voters
Voters Cast
Turnout (%)
Yes
Electionwide Precinct 41935 1722 4.11 % 1091
Electionwide Vote by Mail 41935 25929 61.83 % 18620
Electionwide Total 41935 27651 65.94 % 19711
16th Congressional District Precinct 41935 1722 4.11 % 1091 16th Congressional District Vote by Mail 41935 25929 61.83 % 18620 16th Congressional District Total 41935 27651 65.94 % 19711 13th Senatorial District Precinct 41935 1722 4.11 % 1091 13th Senatorial District Vote by Mail 41935 25929 61.83 % 18620 13th Senatorial District Total 41935 27651 65.94 % 19711 23rd Assembly District Precinct 41935 1722 4.11 % 1091
23rd Assembly District Vote by Mail 41935 25929 61.83 % 18620 23rd Assembly District Total 41935 27651 65.94 % 19711
State Board of Equalization #2 Precinct 41935 1722 4.11 % 1091 State Board of Equalization #2 Vote by Mail 41935 25929 61.83 % 18620 State Board of Equalization #2 Total 41935 27651 65.94 % 19711 5th Supervisorial District Precinct 41935 1722 4.11 % 1091 5th Supervisorial District Vote by Mail 41935 25929 61.83 % 18620 5th Supervisorial District Total 41935 27651 65.94 % 19711 City of Palo Alto Precinct 41935 1722 4.11 % 1091
City of Palo Alto Vote by Mail 41935 25929 61.83 % 18620 City of Palo Alto Total 41935 27651 65.94 % 19711
Total - Precinct 41935 1722 4.11 % 1091
Total - Vote by Mail 41935 25929 61.83 % 18620
Contest Total 41935 27651 65.94 % 19711
Santa Clara
Santa Clara 2022 General
1 Measure L - City of Palo Alto,
Natural Gas Utility General Fund
Transfer
No
465
5184
5649
465
5184
5649
465
5184
5649
465
5184
5649
465
5184
5649
465
5184
5649
465
5184
5649
465
5184
5649
Printed: Tuesday, December 6, 2022 5:59 PM Data Refreshed: Tuesday, December 6, 2022 5:58 PM Page 116 of 123 c
Packet Pg. 338
a18a
City of Palo Alto (ID # 15047)
City Council Staff Report
Meeting Date: 12/19/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Adoption of a Resolution Increasing the Gas Monthly Market -Based Commodity Rate Cap From $2.00 Per Therm to $4.00 Per Therm by Amending Utility Rate Schedules G -1 (Residential Gas Service), G -2 (Residential Master - Metered and Commercial Gas Service) , G-3 (Large Commercial Gas Service), and G 10 (Compressed Natural Gas Service)
From: City Manager
Lead Department: Utilities
Recommendation
Staff recommends that the City Council adopt a Resolution (Attachment A) amending utility rate schedules G -1, G -2, G -3, and G -10 to raise the upper limit on the monthly market -based commodity component from $2.00 per therm to $4.00 per therm effective January 1, 2023.

Background/Discussion
In recent weeks, natural gas commodity prices have risen dramatically across the western United States due to a confluence of factors, including: (a) the historically cold weather this region has seen in December, (b) unusually low gas storage levels across the region, (c) constraints on the availability of natural gas supplies flo wing into California, and (d) an increased reliance on natural gas in the electric power sector as a result of the ongoing drought’s impact on hydroelectric supplies. This combination of factors has led to a surge in natural gas prices for this winter to l evels not seen in many years, as illustrated in Figure 1 below.

Figure 1: Natural Gas Commodity Prices, Actual and Projected ($/therm) Packet Pg. 339
aAA1
City of Palo Alto Page 2
On April 19, 2012, Council amended the City’s Gas Utility Long -Term Plan to pass through gas commodity costs directly to gas customers (Staff Report 2552) through a variable monthly rate component. This is relatively common in the natural gas industry; Pacific Gas and Electric also passes through monthly gas cost changes to customers. The rate schedules adopted by Council cap the monthly gas commodity cost at $2.00 per therm. Based on an internal staff review of forward gas prices on the Intercontinental Exchange on December 12, 2022, forward prices for natural gas at PG&E Citygate 1 for January and February 2023 are roughly $3.50 per therm and $2.00 per therm, respectively.

If the City does not raise the cap and is unable to pass through market purchase cost increases this winter, staff expects that dramatically higher gas rate increases will be required in 2023 to cover the gas utility’s operational costs. To illustrate, keeping the commodity cap at $2/00 per therm is expected to require an estimated $5.7 million draw -down of the Gas utility’s Operations Reserve2 by the end of FY 2023 . This would result in the Operations Reserve ending the fiscal year approximately $2.5 million below the $7.8 million minimum guideline level, even before other revenues and expenses are taken into account.3 Staff proposes that the City Council raise the cap on the Commodity component of all Gas utility retail rates from $2.00 per therm to $4.00 per therm, effective January 1, 2023. This action, if 1 PG&E Citygate is a trading point used in the gas markets for any gas delivered from the gas transmission system in California to PG&E for transport across PG&E’s system to an independent gas consumer/provider like the City. 2 The Gas Utility Operations Reserve is used to manage normal variations in costs and as a reserve for contingencies. See the Council-adopted Gas Utility Reserve Management Practices adopted June 13, 2022 (Staff Report 13661).
3 According to internal preliminary year-end financial results, the Gas Utility Operations Reserve balance as of July 1, 2022 was roughly $11 million, which is $3.2 million above the $7.8 million minimum guideline level established in the FY 2023 Gas Utility Financial Plan.

Packet Pg. 340
aAA1
City of Palo Alto Page 3
approved, would maintain the financial health of the gas utility by enabling full supply cost recovery. Should gas prices fall or not reach, $4 .00 per therm, staff will only pass through the direct cost incurred for the commodity.

Stakeholder Engagement
As gas prices began to rise this winter the City began extensive outreach to inform residents about these higher gas prices and providing tips f or energy efficiency measures to keep utility bills down. Should gas prices rise to record levels in January, as current futures prices indicate, staff will do an additional round of heavy outreach to alert residents.

Outreach channels include: Website, Utilities e-newsletter, Uplift Local e -newsletter, Business Connect e -newsletter, Social media , Nextdoor, MyCPAU portal , Customer Service Call Center phone tree recording/messaging , Customer Service representative talking points , Key account manager direct outreach, Palo Alto Neighborhoods distribution list , Midtown Neighbors and Friends distribution list , Questline newsletter, Utility bill insert , Utilities Director report to the Utilities Advisory Commission, City Manager comments to Council Resource Impact
Adoption of this resolution will allow staff to pass through the full market price of gas to customers even if it exceeds $2 per therm. Without this change, at current price projections, the City would be unable to pass through commodity costs incurre d up to $5.7 million to consumers. This cost would instead be borne by the gas utility reserves and would need to be collected from customers in future rates, requiring steeper rate increases than currently projected in order to replenish reserves.

Environmental Impact
The Council finds that changing gas rates to meet operating expenses, purchase supplies and meet financial reserve needs necessary to maintain service is not subject to the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Sec. 21080(b)(8) and Title 14 of the California Code of Regulations Sec. 15273(a). After reviewing the staff report and all attachments presented to Council, the Council incorporates these documents herein and finds that sufficient ev idence has been presented setting forth with specificity the basis for this claim of CEQA exemption.

Attachments:
• Attachmenta: Attachment A: Resolution Amending Utility Rate Schedules G-1, G-2, G-3, and G-10
• Attachmentb: Attachment B: Rate Schedule G-1, G-2, G-3, G-10 Packet Pg. 341
aAA1
A ttachment A
6056695
* NOT YET APPROVED *
R
esolution No.__________
Resolution of the Council of the City of Palo Alto Increasing the Gas Monthly Market-Based Commodity Rate Cap by Amending Rate Schedule G-1 (Residential Gas Service), G-2 (Residential Master-Metered and Commercial Gas Service), G-3 (Large Commercial Gas Service), and G-10 (Compressed Natural Gas Service)

R E C I T A L S
A. T
he City of Palo Alto (“City”) purchases natural gas at market prices based on the monthly and daily index prices at the PG&E Citygate hub. Since 2012, according to Council- approved policy (Staff Report 2552, April 19, 2012), the City has passed-through these supply costs to customers by charging monthly gas supply rates that reflect market prices.

B. Sin
ce April 19, 2012, the City’s gas rate schedules also include a gas commodity supply charge upper cap of $2.00 per therm, which means the City cannot recover supply costs that exceed this cap from customers. This means that any supply cost increases above the cap would need to be recovered from reserves, though the cap has never been exceeded to-date.

C. Bas
ed on recent extreme gas market volatility, staff anticipates that the gas index prices for the City’s gas supply purchases will exceed the current cap in the upcoming months. To ensure financial stability for the gas reserves, and to maintain compliance with the Council- adopted Gas Utility Reserve Management Practices adopted June 13, 2022 (Staff Report 13661), Staff is proposing to raise the gas commodity supply charge cap.

D. Pu
rsuant to Chapter 12.20.010 of the Palo Alto Municipal Code, the Council of the City of Palo Alto may by resolution adopt rules and regulations governing utility services, fees and charges.

T
he Council of the City of Palo Alto does hereby RESOLVE, as follows:

SECTION 1. The Council approves an increase to the Commodity (Monthly Market Base) cap from $2.00 per therm to $4.00 per therm, for the G-1 (Residential Gas Service), G-2 (Residential Master-Metered and Commercial Gas Service), G-3 (Large Commercial Gas Service), and G10 (Compressed Natural Gas Service) rate schedules, effective January 1, 2023.

SECTION 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-1 (Residential Gas Service) is amended to read as attached and incorporated. Utility Rate Schedule G-1, as amended, effective January 1, 2023. a
Packet Pg. 342
aAA1a
A ttachment A
6056695
SECTION 3. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-2 (Residential Master-Metered and Commercial Gas Service) is amended to read as attached and incorporated. Utility Rate Schedule G-2, as amended, effective January 1, 2023.

SECTION 4. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-3 (Large Commercial Gas Service) is amended to read as attached and incorporated. Utility Rate Schedule G-3, as amended, effective January 1, 2023.

SECTION 5. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-10 (Compressed Natural Gas Service Service) is amended to read as attached and incorporated. Utility Rate Schedule G-10, as amended, effective January 1, 2023.

SECTION 6. The City Council finds as follows:
a. Revenues derived from the gas rates approved by this resolution do not exceed the funds required to provide gas service. b. Revenues derived from the gas rates approved by this resolution shall not be used for any purpose other than providing gas service, and the purposes set forth in Article VII, Section 2, of the Charter of the City of Palo Alto.

SECTION 7. The Council finds that the fees and charges adopted by this resolution are charges imposed for a specific government service or product provided directly to the payor that are not provided to those not charged, and do not exceed the reasonable costs to the City of providing the service or product.
//
//
//
//
//
//
//
a
Packet Pg. 343
aaAA1a
A ttachment A
6056695
//
SECTION 8. The Council finds that changing gas rates to meet operating expenses, purchase supplies and meet financial reserve needs necessary to maintain service is not subject to the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code Sec. 21080(b)(8) and Title 14 of the California Code of Regulations Sec. 15273(a). After reviewing the staff report and all attachments presented to Council, the Council incorporates these documents herein and finds that sufficient evidence has been presented setting forth with specificity the basis for this claim of CEQA exemption.

I
NTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:
_______
_________________________ ________________________________ City Clerk Mayor
AP
PROVED AS TO FORM: APPROVED:
_______
_________________________ ________________________________ Assistant City Attorney City Manager
_______
_________________________
Director of Utilities
_______
_________________________
Director of Administrative Services
a
Packet Pg. 344
aaAA1a

RESIDENTIAL GAS SERVICE
UTILITY RATE SCHEDULE G-1

CITY OF P

ALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-1-1 Sheet No G- 1-1
dated 7-1-2022 Effective 1-1-2023
A. APPLICABILITY:

This schedu
le applies to the following Customers receiving Gas Service from City of Palo Alto Utilities:

1. Separately-
metered single-family residential Customers;.

2. Separately-metered multi-family residentia l Customers in multi-family residentia l facilities.

B. TERRITORY:

This schedule applies anywhere the City of Palo Alto provides Gas Service.

C. UNB
UNDLED RATES: Per Service
Monthly Service Charge: ........................................................................................................$11.54 Tier 1 Rates: Per Therm
Supply Charges:

1. Commodity (Monthly Market Based) .......................................... $0.10- $2.00$4.00

2. Cap and Trade Compliance Charge ............................................ $0.00-$0.25

3. Transportation
Charge ................................................................. $0.00-$0.25

4. Carbon Offset Charge .................................................................. $0.00-$0.10 Distribution Charge:....................................................................................... $0.5607 Tier 2 Rates: (All usage over 100% of Tier 1)
Supply Charges:

1. Commodity (Monthly Market Based) .......................................... $0.10- $2.00$4.00

2. Cap and Trade Compliance Charge ............................................. $0.00-$0.25

3. Transportation
Charge ................................................................. $0.00-$0.25

RESIDENTIAL GAS SERVICE
UTILITY RATE SCHEDULE G-1

CITY OF P

ALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-1-2 Sheet No G- 1-2
dated 7-1-2022 Effective 1-1-2023
D. SPECIAL
NOTES:

1. Calculation of Cost Components
The actual bill amount is calculated based on the applicable rates in Section C above and adjusted for any applicab
le discounts, surcharges and/or Taxes. On a Customer’s bill statemen
t, the bill amount may be broken down into appropriate components as calcu
lated under Section C.

The Commodity Charge is based on the monthly natural gas Bidweek Price Index for delivery at P
G&E Citygate, accounting for delivery losses to the Customer’s Meter.

The Cap and Trade Compliance Charge reflects the City’s co st of regulatory compliance
with the s
tate’s Cap and Trade Program, including the cost of acquiring compliance instru
ments sufficient to cover the City’s Gas Utility’s compliance obligations. The Cap and Trade C
ompliance Charge will change in response to changing market conditions, retail sales volumes and the quantity of allowances required.

The Carbon Offset Charge reflects the City’s cost to purchase offsets for greenhouse gases produ
ced in the burning of natural gas. The Carbon Offset Charge will change in response to changing market conditions, changing sales volumes and the quantity of offsets purchased within the Council-approved per therm cap.

The Transportation Charge is based on the cur
rent PG&E G-WSL rate for Palo Alto,
accounting for delivery losses to the Customer’s Meter.

2. Seasonal Rate Changes:

The Summe
r period is effective April 1 to Octo ber 31 and the Winter period is effective from November 1 to March 31. When the billing period includes use in both the Summer and the Win
ter periods, the usage will be pror ated based on the numbe r of days in each 1 Monthly gas and commodity and volumetric rates are available here, or by visiting https://www.cityofpaloalto.org/files/assets/public/utilities/rates-schedules-for-utilities/monthly-gas-commodity-rates.pdf b
Packet Pg. 346
baaAA1b

RESIDENTIAL GAS SERVICE
UTILITY RATE SCHEDULE G-1

CITY OF P

ALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-1-3 Sheet No G- 1-3
dated 7-1-2022 Effective 1-1-2023
seasonal p
eriod, and the charges based on the applicable rates for each period. For further discussion of bill calculation and proration, refer to Rule and Regulation 11.

3. Calculation of Usage Tiers
Tier 1 natural gas usage shall be calculated and billed based upon a level of 0.667 therms per day during the Summer period and 2.0 th erms per day during the Winter period, rounded to the nearest whole therm, based on meter reading days of service. As an example, for
a 30 day bill, the Tier 1 level would be 20 therms during the Summer period and 60 therms during the Winter period months. For further discussion of bill calculation and proration, refer to R
ule and Regulation 11.
{End}
b
Packet Pg. 347
baaAA1b

RESIDENTIAL MASTER-METERED AND COMMERCIAL GAS SERVICE
UTILITY RATE SCHEDULE G-2

CITY OF PALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-2-1 Effective 1-1-2023
dated 7-1-2022 Sheet No G-2-1
A. APPLICABILITY:

This schedule applies to the following Customers receiving Gas Service from the City of Palo Alto Utilities:

1. Commercial Customers who use less than 250,000 therms per year at one site;.

2. Master-metered residential Customers in multi-family residential facilities.

B. TERRITORY:

This schedule applies anywhere the City of Palo Alto provides Gas Service.

C. UNBUNDLED RATES: Per Service
Monthly Service Charge: ......................................................................................................$106.90 Per Therm
Supply Charges:

1. Commodity (Monthly Market Based) .......................................... $0.10- $2.00$4.00

2. Cap and Trade Compliance Charges ........................................... $0.00-0.25

3. Transportation
Charge ................................................................. $0.00-$0.25

4. Carbon Offset Charge .................................................................. $0.00-$0.10 Distribution Charge: .................................................................................................. $0.7365 D. SPECIAL NOTES:

1. Calculation of Cost Components
The actual bill amount is calculated based on the applicable rates in Section C above and adjusted for any applicable discounts, surcharges and/or Taxes. On a Customer’s bill statement, the bill amount may be broken down into appropriate components as calculated under Section C.

The Commodity Charge is based on the m onthly natural gas Bidw eek Price Index for delivery at PG&E Citygate, accounting for delivery losses to the Customer’s Meter.

The Cap and Trade Compliance Charge reflects the City’s cost of regulatory compliance with the state’s Cap and Trade Program, in cluding the cost of acquiring compliance instruments sufficient to cover the City’s Gas Utility’s compliance obligations. The Cap and Trade Compliance Charge will change in response to changing market conditions, retail sales b
Packet Pg. 348
baaAA1b

RESIDENTIAL MASTER-METERED AND COMMERCIAL GAS SERVICE
UTILITY RATE SCHEDULE G-2

CITY OF PALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-2-2 Effective 1-1-2023
dated 7-1-2022 Sheet No G-2-2
volumes and the quantity of allowances required.

The Carbon Offset Charge reflects the City’s cost to purchase offsets for greenhouse gases produced in the burning of natural gas. The Carbon Offset Charge will change in response to changing market conditions, changing sales volumes and the quantity of offsets purchased within the Council-approved per therm cap.

The Transportation Charge is based on the current PG&E G-WSL rate for Palo Alto, accounting for delivery losses to the Customer’s Meter.

The Commodity, Cap and Trade Compliance, Carbon Offset and Transportation Charges will fall within the minimum/maximum ranges set forth in Section C. Current and historic per therm rates for the Commodity, Cap and Trade Compliance, Carbon Offset and Transportation Charges are posted on the City Utilities website.1 {End}
1 Monthly gas and commodity and volumetric rates are available here, or by visiting https://www.cityofpaloalto.org/files/assets/public/utilities/rates-schedules-for-utilities/monthly-gas-commodity-rates.pdf b
Packet Pg. 349
baaAA1b

LARGE COMMERCIAL GAS SERVICE
UTILITY RATE SCHEDULE G-3

CITY OF PALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-3-1 Effective 1-1-2023
dated 7-1-2022 Sheet No G-3-1
A. APPLICABILITY:

This schedule applies to the following
Customers receiving Gas Service from the City of Palo Alto Utilities:

1. Commercial Customers who use at least 250,000 therms per year at one site;.

2. Customers at City-owned generation facilities.

B. TERRITORY:

This schedule applies anywhere the City of Palo Alto provides Gas Service.

C. UNB
UNDLED RATES: Per Service
Monthly Service Charge:
$489.12
Per Therm
Supply Charges:

1. Commodity (Monthly Market Based) ........................................... $0.10-$2.00$4.00

2. Cap and Trade Compliance Charges ...................................................... $0.00-0.25

3. Transportation Charge .......................................................................... $0.00-$0.25

4. Carbon Offset Charge ........................................................................... $0.00-$0.10 Distribution Charge: .............................................................................................................$0.7292 D. SPECIAL
NOTES:

1. Calculation of Cost Components
The actual bill amount is calculated based on th e applicable rates in Section C above and adjusted fo
r any applicable discounts, surcha rges and/or Taxes. On a Customer’s bill statemen
t, the bill amount may be broken down into appropriate components as calculated under Section C.

The Commodity Charg
e is based on the m onthly natural gas Bidweek Price Index for delivery at P
G&E Citygate, accounting for delivery losses to the Customer’s Meter.

The Cap and Trade Compliance Charge reflects the City’s cost of regulatory comp liance b
Packet Pg. 350
baaAA1b

LARGE COMMERCIAL GAS SERVICE
UTILITY RATE SCHEDULE G-3

CITY OF PALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-3-2 Effective 1-1-2023
dated 7-1-2022 Sheet No G-3-2
with the state’s Cap and Trade Program, in cluding the cost of acquiring compliance instruments sufficient to cover the City’s Ga s Utility’s compliance obligations. The Cap and Trade Compliance Charge will change in response to changing market conditions, retail sales volumes and the quantity of allowances required.

The Carbon Offset Charge reflects the City’s cost to purchase offsets for greenhouse gases produced in the burning of natural gas. The Carbon Offset Charge will change in response to changing market conditi ons, changing sales volumes a nd the quantity of offsets purchased within the Council-approved per therm cap.

The Transportation Charge is based on the current PG&E G-WSL rate for Palo Alto, accounting for delivery losses to the Customer’s Meter.

The Commodity, Cap and Trade Compliance, Carbon Offset and Transportation Charges will fall within the minimum/maximum ranges set forth in Section C. Current and historic per therm rates for the Commodity, Cap and Trade Compliance, Carbon Offset and Transportation Charges are posted on the City Utilities website. 1 2. Request for Service
A qualifying Customer
may request service under this schedule for more than one account or meter if the accounts are located on one site. A site consists of one or more contiguous parcels of land with no intervening public right-o
f- ways (e.g. streets).

3. Changing
Rate Schedules
Customers may request a rate schedule change at any time to any applic able City of Palo Alto full-s
ervice rate schedule.
{End}
1 Monthly gas and commodity and volumetric rates are available here, or by visiting https://www.cityofpaloalto.org/files/assets/public/utilities/rates-schedules-for-utilities/monthly-gas-commodity-rates.pdf b
Packet Pg. 351
baaAA1b

COMPRESSED NATURAL GAS SERVICE
UTILITY RATE SCHEDULE G-10

CITY OF PALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-10-1 Effective 1-1-2023
dated 7-1-2022 Sheet No. G-10-1

A. APPLICABILITY:

This schedule applies to the sale of natural gas to the City-owned compressed natural gas (CNG) fueling station at the Municipal Service Center in Palo Alto.

B. TERRITORY:

Applies to the City’s CNG fueling station located at the Municipal Service Center in City of Palo Alto.

C. UNBUNDLED RATES: Per Service
Monthly Service Charge: ........................................................................................................$72.30 Per Therm
Supply Charges:

Commodity (Monthly Market Based) ....................................................... $0.10-$2.00$4.00 Cap and Trade Compliance Charges .............................................................. $0.00 to $0.25 Transportation
Charge ....................................................................................... $0.00-$0.25 Carbon Offset Charge ........................................................................................ $0.00-$0.10 Distribution Charge ...............................................................................................................$0.0120 D. SPECIAL CONDITIONS

1. Calculation of Cost Components
The actual bill amount is calculated based on the applicable rates in Section C above and adjusted for any applicable discounts, surcharges and/or Taxes. On a Customer’s bill statement, the bill amount may be broken down into appropriate components as calculated under Section C.

The Commodity charge is based on the monthly natural gas Bidweek Price Index for delivery at PG&E Citygate, accounting for delivery losses to the Customer’s Meter.

The Cap and Trade Compliance Charge reflects the City’s cost of regulatory compliance with the state’s Cap and Trade Program, including the cost of acquiring compliance instruments sufficient to cover the City’s Gas Utility’s compliance obligations. The Cap and Trade Compliance Charge will change in response to changing market conditi ons, retail sales volumes and the quantity of allowances required.
b
Packet Pg. 352
baaAA1b

COMPRESSED NATURAL GAS SERVICE
UTILITY RATE SCHEDULE G-10

CITY OF PALO ALTO UTILITIES
Issued by the City Council
Supersedes Sheet No G-10-2 Effective 1-1-2023
dated 7-1-2022 Sheet No. G-10-2

The Carbon Offset Charge reflects the City’s cost to purchase offsets for greenhouse gases produced in the burning of natural gas. The Carbon Offset Charge will change in response to changing market conditions, changing sales volumes and the quant ity of offsets purchas ed within the Council- approved per therm cap.

The Transportation Charge is based on the current PG&E G-WSL rate for Palo Alto, accounting for delivery losses to the Customer’s Meter.

The Commodity, Cap and Trade Compliance, Carbon Offset and Transportation Charges will fall within the minimum/maximum range set forth in Section C. Current and historic per therm rates for the Commodity, Cap and Trade Compliance, Carbon Offset and Transportation Charges are posted on the City Utilities website.
1 {End}
1 Monthly gas and commodity and volumetric rates are available here, or by visiting https://www.cityofpaloalto.org/files/assets/public/utilities/rates-schedules-for-utilities/monthly-gas-commodity-rates.pdf b
Packet Pg. 353
baaAA1b
City of Palo Alto (ID # 15048)
City Council Staff Report
Meeting Date: 12/19/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: Review and Adoption of the Policy and Services Committee Recommendations on the Revised Council Procedures and Protocols Handbook
From: City Manager
Lead Department: City Manager
Recommendation
The Policy and Services Committee recommends that the City Council discuss and approve the Revised Council Procedures and Protocols Handbook (CPP or Handbook , Attachment A ) with the proposed edits and to refer back to the Policy and Services Committee for the 2023 Committee Workplan further discussion on the role of the Council liaison for Boards and Commissions.

Discussion
The City Council voted in June 2021 for staff to go forward with a copyediting resource to reorganize the Handbook. Since that time, staff created an outline for the reorganized Handbook and brought a draft Handbook for the Policy and Services Committee to review and edit1.

In reorganizing the Handbook outline, staff and the copyeditor approached it with the following scope, to:
• Reorganize the document to improve the ability to find useful guidance, • Eliminate duplication where present, and
• Update to conform with current practice and changes in law.

Attachment A is a “clean copy” of the revised Handbook with minor edits from P&S and Attachment B contains the redlines of changes made. Of note, in Attachment B, changes made to comply with law are not included in tracked changes. 1 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas- minutes/policy-and-services-committee/2022/20221213/20221213ppsr.pdf Packet Pg. 354
baa21 Late Packet
City of Palo Alto Page 2
In addition to the reorganized Handbook, the Policy and Services Committee has also discussed many of the suggested topics from City Council members related to proposed new or revised language (topics included in the November 3, 2022 Supplemental Report Attachment (pdf page 103)2) and a couple extra topics . The reorganized Handbook (Attachments A and B) includes recommended language for the following topics:

1. Other standing committees

2. Removal of references to “Committee of the Whole”

3. *Number of times Council members can attend remotely (Section 2.3 B.1)

4. *Colleague’s memos timing (Section 2.4)

5. Council member speaking time

6. Clarification on individual speaker time based on number of speakers

7. Group speaker total time allocation

8. Annual Council priority setting guidelines and values inserted

9. Tools to respond to unprofessional behavior by Council members (including Censure)

10. Parameters for the voting delegate at conferences (such as League of California cities)

11. Council conduct with other public agencies

12. Use of letterhead

13. Use of staff time – 1 hour rule

14. *Role clarity for Council board/commission liaison (Protocols Section 2.8)

15. *Miscellaneous expenditures (including Council discretionary funding use) (Section 4.10)

16. *Mayoral rotation (Section 1.1)
One unresolved topic that is not updated in the Handbook is the Travel Section. Staff will continue to edit that section to reflect current practices or incorporate by reference the City travel policy applicable to City employees.

The Policy and S ervices Committee agreed upon language for most of the topics listed above with the exception of the items above with an * which staff left easy to identify in Attachment A for Council discussion. On the topic of the role of the Council liaison to Boards a nd Commissions, the Policy and Services Committee asked that the City Council refer that item back to Policy and Services for further discussion in 2023 in order to involve the chairpersons of Boards and Commissions.

Timeline, Resource Impact, Policy Implications
Staff and the copyeditor will further clean up the Handbook (formatting and page numbers) upon adoption by the City Council and upload the document online.

Stakeholder Engagement
Staff solicited suggested changes from the City Council over the course of this process regarding desired changes to the Handbook.
2 https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/policy-and- services-committee/2022/20221103/20221103ppssm-amended.pdf (pdf page 103 is the Supplemental Report) Packet Pg. 355
baa21 Late Packet
City of Palo Alto Page 3
Environmental Review
This is not considered a project as defined by CEQA and no review is required.

Attachments:
• Attachmenta: Attachment A: Clean Copy of 12.14.22 Council Procedures and Protocols Handbook
• Attachmentb: Attachment B: Redlined Copy-12.14.22 Draft of Council Procedures and Protocols Handbook
Packet Pg. 356
baa21 Late Packet
DRAFT – Dec. 14, 2022
1 DRAFT FOR REVIEW As of Dec. 14, 2022
(Less Redlined)

CITY COUNCIL

PROCEDURES AND PROTOCOLS

HANDBOOK
Procedures and Protocols Approved 02/01/2020 with New Table of Contents Structure for Review
If yo
u have any questions about this handbook, please feel free to contact the City Clerk by phone at (650) 329-2571 and e-mail at [email protected] or the City Attorney by phone at (650) 329-2171 and e-mail at [email protected]. a
Packet Pg. 357
baa21 Late Packet
DRAFT – Dec. 14, 2022
2 TABLE OF CONTENTS
(note: page numbers may be off and will be updated after Council review on Dec. 19)

SECTION TOPIC PAGE
Introduction Purpose of the Manual 5
PART I CITY COUNCIL PROCEDURES 5
1 City Council Organization and Structure 6

1.1 Annual Organization of City Council 6

1.2. Council Committees 6
2 General Procedures for City Council Meetings 10

2.1 Meeting Schedules, Agendas and Supporting Materials 11

2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings
12 2.3 Attendance Procedures 12

2.4 Colleagues Memos 14
3 City Council Meeting Order of the Agenda 15

3.1 Call to Order 15

3.2 Closed Sessions 15

3.3 Study Sessions 17

3.4 Special Orders of the Day 18

3.5 Agenda Changes, Additions, and Deletions 18

3.6 General Public Comment 18

3.7 Consent Agenda 18

3.8 City Manager Comments 20

3.9 Action Items 20

3.10. Council Member Questions, Comments and Announcements 20

3.11. Adjournment 20
4 Procedures At City Council Meetings 21

4.1 Council Motion and Voting Processes throughout the Agenda 21

4.2 Motion Procedures 22

4.3 Voting and Debate of Agenda Items 25

4.4 Public Hearings 28
5 How the Public Engages with the City Council 30

5.1. Public Participation During City Council Meetings 30

5.2 Access to City Council Meetings 33
6 City Council Questions on Agenda-related Items 34

6.1 Submit Questions on Council Agenda Items Ahead of the Meeting 34

6.2 City Council emails for Agenda-Related Items Procedure 34 7 Annual Council Priority Setting Guidelines 35
8 Procedures And Protocols Review and Enforcement 37

8.1 Commit to Annual Review of Important Procedural Issues 37

8.2 Don’t Politicize Procedural Issues 37

8.3 Enforcement 37
a
Packet Pg. 358
baa21 Late Packet
DRAFT – Dec. 14, 2022
3 PART II CITY COUNCIL PROTOCOLS 38
1 City Council Conduct 38

1.1. Positive Workplace Environment 38

1.2. Comply with Law 38

1.3. City Council Core Responsibilities 38

1.4. General Member Conduct 39

1.5 Decisions Based on Merit 40

1.6 Advocacy 40

1.7 Council Conduct with City Staff 41

1.8 Use of Staff Time 43
2 City Council Conduct with Palo Alto Boards and Commissions 44

2.1 If Attending a Board or Commission Meeting Identify Your Comments as Personal Views or Opinions
44 2.2 Refrain from Lobbying Board or Commission Members 44

2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, Not Individual Council Members
44 2.4 Concerns about an Individual Board or Commission Member Should be Pursued with Tact
44 2.5 Be Respectful of Diverse Opinions 45

2.6 Keep Political Support Away from Public Forums 45

2.7 Maintain an Active Liaison Relationship 45

2.8. Role of Council to Board or Commission 45
3 Staff Conduct with City Council 43

3.1 Respond to the City Council as Fully and as Expeditiously as Possible 45

3.2 Respect the Role of Council members as Policy makers for the City 45

3.3. Demonstrate Professionalism and Non-Partisanship in All Interactions with the Community and in Public Meetings
46 3.4. It is Important that Staff Demonstrate Respect for the Council at All Times. All Council Members Should Be Treated Equally.
46 4 City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement
47 4.1 Eligible Activities 46

4.2 Out-of-Town Conferences or Meetings 46

4.3 Local or Bay Area Activities 47

4.4 Other Expenses 49

4.5 Activities Not Considered Reimbursable 49

4.6 Reports to Council 49

4.7 Violation of this Policy 50

4.8 Mayor and Vice Mayor Additional Compensation 50

4.9 Support Services 50

4.10 Miscellaneous Expenditures 51
5 Confidentiality, Conflicts of Interest, Gifts And Favors 51 a
Packet Pg. 359
baa21 Late Packet
City Council Protocols and Procedures Handbook
4 Introduction
The purpose of this City Council Procedures and Protocols Handbook is to review a set of rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. Adoption of the Handbook is requirement of the Palo Alto Municipal Code:

M
unicipal Code 2.04.100 – Handbook of procedural rules
The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind.

T
he handbook is organized in two parts:

Par
t I: City Council Procedures
This section explains the process through which work is done and basic rules for City Council meetings including public participation guidelines.

Par
t II: City Council Protocols
This section explains conduct guidance for the City Council.

I
f a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State or Federal law, the Charter, Code, or State or Federal law shall govern. a
Packet Pg. 360
baa21 Late Packet
City Council Protocols and Procedures Handbook
5 PART I: CITY COUNCIL PROCEDURES
SECTION 1 – CITY COUNCIL ORGANIZATION AND STRUCTURE

1.1. Annual Organization of City Council
The Palo Alto Charter, Article III, Section 8 directs Council to elect one of its members to serve as Mayor and one as Vice-Mayor, and sets forth their duties. Palo Alto Municipal Code Section 2.04.060 provides additional detail. Mayor and Vice-Mayor are elected at the first meeting in January each year. Nominations may be made by any Council member and do not require a second.

Existing Language
See above
Proposed Additional Language (per the Dec. 13 P&S Discussion) The assignment of Mayor shall rotate based on consecutive years served and ranked by votes received in the general election.

1. 2. Council Committees

1. Standing Council Committees
Policy
It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings.

Pu
rpose
These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for Palo Alto.

General Requirements
Council standing committees shall be subject to the following procedural rules:
• Quorum
A majority of the committee membership shall constitute a quorum. • Referrals
Only the Council or City Manager shall make referrals to the standing committees.

Referrals will generally be directed to only one of the standing committees. Items may be withdrawn from the committee and taken up for consideration by the Council at any Council meeting with the consent of a majority of the Council, and subject to any applicable noticing or agenda posting requirements.

B. Policy and Services Committee
1) Role, Purpose, and Work Planning
The Municipal Code states that the role of the Council Policy & Services Committee is to consider and make recommendations on matters referred to it by the council relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public work, and community and human services. (§2.04.220). In 2009 and 2010, the Council reviewed the purpose and structure of the Committee and adopted several recommendations. This section documents Council’s motions related to the Policy & Services Committee.
a
Packet Pg. 362
baa21 Late Packet
City Council Protocols and Procedures Handbook
7 P
urpose Statement: The purpose of the Policy & Services Committee is to review and identify important community issues and City policies and practices to ensure good public policy. The Committee shall consider and make recommendations to Council on matters relating to parliamentary protocols, procedures and policy matters.

C. Fi
nance Committee
The Municipal Code states that the role of the Council Finance Committee is to consider and make recommendations on matters referred to it by the Council relating to finance, budget, financial audits, capital planning and debt. (§2.04.210).

D. C
ouncil Appointed Officers (CAO) Committee
In addition to the Policy & Services and Finance Committees, which are described in the Municipal Code, the Mayor each year appoints members to two additional committees that have continuing subject matter jurisdiction and are not intended to be temporary: the Council Appointment Officers (CAO) Committee, and the City-Schools Liaison Committee.

The C
AO Committee meets on an as-needed schedule to address issues that Council has referred to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City Clerk and City Auditor. For example, the committee may be tasked with duties related to performance evaluations, compensation, and the filling of vacancies.

F. A
d Hoc Committees
Policy
The
Council may create Ad Hoc Committees or the Committee of the Whole on a limited basis where necessary to study City business in greater depth than what is possible in the time allotted for Council and Standing Committee meetings.

Purpose
These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees and to set up guidelines for creation of Ad Hoc Committees.

General Requirements
Council Ad Hoc Committees shall be subject to the following procedural rules:

A. Definition of Ad Hoc Committee
An Ad Hoc Committee is a temporary advisory committee composed solely of less than a quorum of members of the Council or any Council Standing Committee. The work of an Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended to be perpetual but rather to be dissolved in a finite period time, once its specific task is a
Packet Pg. 363
baa21 Late Packet
City Council Protocols and Procedures Handbook
8 completed. B y contrast, a Standing Committee has continuing subject matter jurisdiction over a variety of related topics.

B. Brown Act
The procedural requirements of the Brown Act apply to all committees that have either :
(a) c
ontinuing subject matter jurisdiction over a matter or group of related matters ; or (b) a regular meeting schedule set by Council action. A ll Standing Committees are Brown Act bodies. Ad hoc committees are generally not Brown Act bodies, provided that they are temporary bodies , formed for the purpose of addressing a limited or single purpose, include only members of Council, and do not have a regular meeting schedule set by Council action. When Council creates an Ad Hoc committee that is not a Brown Act body, Council may, at its discretion, direct that the committee follow Brown Act procedures.

C. Creation and Appointment
The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer members of the Council to serve. In contrast, only the Council and not the Mayor alone can create a Standing Committee ; the Mayor makes appointments to Standing and Ad Hoc Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or him, its membership and stated purpose and post this information on the City Council website. The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee.

D. Duration
Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does not complete its task by the end of the calendar year, it shall not continue unless reappointed by the new Mayor in the following year.

E. Members
Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall not include any other persons, including members of other legislative bodies.

F. Reporting
Ad Hoc Committees shall report their recommendations to the Council in the timeframe directed by Council. Any Council Member may ask during COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS that an updated Ad Hoc Committee report be placed on an upcoming meeting agenda.

G. Termination of Ad Hoc Committee by Majority of Council A majority of the Council may vote to terminate any Ad Hoc Committee following placement of the issue on an agenda.

H. Conclusion
A public announcement shall be made any time the Ad Hoc Committee has concluded its work and/or upon dissolution.
a
Packet Pg. 364
baa21 Late Packet
City Council Protocols and Procedures Handbook
9 1.3. R espect the Work of the Council Standing Committees [UPDATED to reflect current practice] Council should respect the work of the Standing Committees, as their purpose is to provide focused, in - depth discussion of issues to help inform and expedite Council business. If a matter is taken forward to the full Council for approval a fter receiving a unanimous vote at Committee, the item will be placed on the Consent Calendar, unless otherwise recommended by the Committee, Mayor, City Attorney or City Manager.
* *
*
SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This purpose recognizes the value of establishing a community understanding of meeting procedures so that broad public participation is encouraged. This purpose also recognizes that Council members must have a common approach to the discussion and debate of City business so that meetings are both streamlined and thorough.

T
hese are guidelines, rather than rules. The Council intends that City staff and Council members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, unfairness, or the promotion of form over subst ance. State law establishes a variety of mandatory meeting rules the City must follow in order to assure open and public government, regardless of unusual situations and consequences. (See Cal. Govt Code section 54950.)

2.1. M
eeting Schedules, Agendas and Supporting Materials
A. M
eeting Schedules for Regular and Special Meetings
The C
ity Council generally conducts two different kinds of meetings: Regular Meetings and Special Meetings.

T
he Municipal Code provides that regular City Council meetings are conducted at City Hall on the first three Monday nights of each month, except during the Council’s annual summer and winter recesses, at 6 p.m.

The C
ouncil also schedules periodic special meetings, which are meetings on any day or time other than the regular meeting time. This may include meetings on the regularly -scheduled first three Mondays where the start time is 5 p.m. or earlier, or meetings on a fourth or fifth Monday, or meetings scheduled on any other day or time.

The M
ayor or Council may call a Special meeting on a minimum of 24 hours’ notice. Special meetings need not be held at City Hall, as long as the alternate location is within the City. The Council makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session.

B. Pos
ting of Agendas
Under the Brown Act, meeting agendas must be posted no later than 72-hours prior to re gular a
Packet Pg. 365
baa21 Late Packet
City Council Protocols and Procedures Handbook
10 meetings and 24 - hours prior to special meetings . It is City policy to make every effort to post the agenda on Thursday, 11 days prior to Monday meetings, whether regular or special. Agendas are posted in King Plaza by the elevators and are uploaded to the City Council web page.

C. S
upporting Reports and Materials (exist. Procedures 2.3.2) It is City policy to make every effort to provide supporting reports and materials at the time the agenda is posted. Typically, this will occur 11 days before the meeting. Materials that are not available at the time of agenda posting will be distributed as soon as feasible before the meeting.

Materials that are distributed to a majority of Council will be made available to the public at the same time, as required by law. Some materials, such as presentation materials or “supplemental memoranda (previously referred to as “ at places” memoranda ) may be distributed to Council members and the public at the meeting.

D. L
ate Submittal of Correspondence or Other Information Related to Planning Applications I
n order to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council must be submitted to staff not later than noon five (5) working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council members or staff, and staff determines additional review is needed, staff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant, or receives other significant material related to the application from any source, he or she shall notify the City Clerk and the City Manager as soon as possible so that all relevant material can be entered into the official record and made available to all parties and the public. At the meeting the City Council may determine whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project or significant new information become known.

2.2. T
he Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted, including review of approximate time allocation of Staff Report presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard.

The
purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are invited and expected to attend the pre-Council meetings with the City Manager and other CAOs, and Department Managers. The Mayor and Vice Mayor’s role is to represent the interest of the entire Council.

2.3. At
tendance Procedures
A
. Attendance Required
Council members, the City Clerk, City Attorney, and City Manager, along with any other City officers and department heads that have been requested to be present, shall take their a
Packet Pg. 366
baa21 Late Packet
City Council Protocols and Procedures Handbook
11 regular stations in the Council C h ambers at the start of every scheduled meeting. The presiding officer will ensure that each meeting will include at least one 10-minute break. The Council expects its members to attend regularly and notify the City Clerk of any planned absences. The Council may levy fines of up to $250.00 against Council members who willfully fail to attend meetings (PAMC section 2.04.050).

B. R
emote Attendance of Council Members at Council and Committee Meetings Council members are strongly encouraged to attend meetings in person. State law allows C
ouncil members to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are described below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. 1) Number of Remote Appearances. Remote attendance shall be permitted not more than 3 five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for a Council committee). This includes remote attendance at meetings of Council and Council committees. AB 2449 rules still apply which state that no more than two meetings may be attended remotely for “just cause,” as described below.
2) G
eneral Procedures for Appearing Remotely. Council members must follow mandatory procedures set forth in State law. At any meeting where a Council member is attending r
emotely, the following requirements must be met:
i. A
t least a quorum of the Council must participate from a singular physical location within the City .
ii. The agenda must identify and include an opportunity for the public to attend and directly address the council member through a call-in option, an internet-based service option, and in-person at the location of the meeting. iii. Council members may not take action if there is an unresolved disruption to the meet
ing broadcast, to a remote council member’s audio or visual feed, or to the ability to take call-in or internet-based public comment.

I
f these above threshold requirements are met, the Council member attending remotely must ensure they follow the procedures associated with either Standard Remote Attendance or AB 2449 Remote Attendance.
3) S
tandard Remote Attendance Procedures. A Council member attending remotely using these procedures must ensure that:
a. The meeting agenda identifies the remote attendance location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hour s p
rior to a regular meeting and 24 hours prior to a special meeting. b. The remote attendance location is open and fully accessible to the public, and fully a
Packet Pg. 367
baa21 Late Packet
City Council Protocols and Procedures Handbook
12 accessible under the Americans with Disabilities Act, throughout the entire meeting.

T
hese requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration.
c. The
remote attendance technology used is open and fully accessible to all members of the public, including those with disabilities.
d
. Members of the public who attend the meeting at the remote attendance location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers.
e
. The remote attendance location must not require an admission fee or any payment for attendance.
f. If the meeting will include a closed session, the Council Member must ensure that there is a private location available for that portion of the meeting. A private locatio n
mea
ns a closed room such that no other person can hear any portion of the closed session.

If th
e Council Member intending to follow the procedures of Standard Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using Standard Remote Attendance procedures.

Standard Remote Attendance Guidelines:
• Five days written notice in advance of the publication of the agenda must be given by the Council member to the City Clerk’s office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to, if a hard copy is requested. • The Council member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council member requests; however, it is the Council member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above. • Th
e Counc il Member must ensure that the location will be publicly accessible while the meeting is in progress.
• The Council Member must state at the beginning of the Council meeting that the posting requirement was met at the location and that the location is publi cly accessible and mus t
d
escribe the location.

A
B 2449 Remote Attendance Procedures. A Council member attending remotely using these procedures a
Packet Pg. 368
baa21 Late Packet
City Council Protocols and Procedures Handbook
13 must ensure that:

1. The Co
uncil member has either “ just cause ” or “emergency circumstances ” that require remote participation, as required by AB 2449.

2. “Just cause” is defined as:
a. a
childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance,
b. a contagious illness that prevents in-person attendance, c. a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or
d. travel while on the business of a state or local agency.

3. Notice. A Council member with “ just cause” to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of th e m
eeting, of their need to participate remotely and provide a general description of the circumstances.

4. The Council member is facing “ emergency circumstances ” that justify remote attendance and the Council or Council committee approves of their remote attendance pursuant to AB 2449. a. “Emergency circumstances” is defined as a physical or family medical emergency that prevents a Council member from attending the Council meeting in person. b. Notification and acceptance.
i. A Council member attending remotely due to “ emergency circumstances ” must notify the Council or Council committee and the City Clerk at the earliest possible opportunity.
ii. The Council or Council committee must request a general description of the circumstances relating to the council member’s need to appear remotely. The description does not need to have more than 20 words, and the Council member does not have to disclose any personal medical information. iii. At the earliest opportunity available to it, the Council or Council committee must , by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body must take action on the request at the beginning of the meeting by majority vote.

5. Di
sclosures. Council members attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual.

6. Tec
hnology. All technology necessary for to attend remotely must function at all times, which must include two-way, live audio and visual communication.

If the Council member intending to follow the procedures of AB 2449 Remote Attendance a
Packet Pg. 369
baa21 Late Packet
City Council Protocols and Procedures Handbook
14 determines t hat any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures.

A
B 2449 Remote Attendance Guidelines:

At the start of the meeting, the Council member attending remotely may use the following language to identify under which provision they are attending remotely:

Provision 1:
“I have just cause to attend this meeting remotely under AB 2449. I have not attended a meeting remotely due to just cause more than once this calendar year. I have attended [NUMBER] meetings remotely this calendar year. I must attend this meeting remotely because…

1. “… I must provide caregiving to [RELATION].”

2. “… a contagious illness prevents me from attending in person.”

3. “… I have a need related to a disability which could not be accommodated at this meeting.”

4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].” “In this room, I am accompanied by…

5. “…no one over the age of 18.”

6. “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].”
Provision 2:
“Due to emergency circumstances, I request to attend this meeting remotely under AB 2449. I have attended [NUMBER] meetings remotely this calendar year. The [PHYSICAL OR FAMILY] medical emergency I am facing requires my remote attendance because [BRIEF DESCRIPTION].”
2) “In this room, I am accompanied by
…
3) “
…no one over the age of 18.”
4) “…one or more individuals over the age of 18. They are [RELATION (e.g., my spouse, coworker, medical provider)].”

2. 4. Colleagues Memos
Council members may bring forward a colleagues memo on any topic to be considered by the entire Council. A minimum of two Council members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for consideration of a motion by the Council. Up to three Council members may sign a colleague memo. To comply a
Packet Pg. 370
baa21 Late Packet
City Council Protocols and Procedures Handbook
15 with the Brown Act, th ree is the maximum number Council members who may discuss or sign onto a colleagues memo. Prior to preparing a colleagues memo, Council members should consult with the City Manager to determine whether the City Manager is able to address the issues as part of their operational authority and within current budgeted resources. Colleagues m emos should have a section drafted by the City Manager that identifies any potential staffing or fiscal impacts of the contemplated action. Council members shall provide a copy of the proposed memo to the City Manager and City Attorney prior to finalization. Completed Council colleagues memos should be provided to the City Manager, City Attorney and City Clerk with as much advance notice as possible, to provide time for staff to prepare the resource impact section and prepare the memo for placement on the agenda.

The
Council will not take action on the night that a colleagues memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo.

The Council will discuss the colleagues m emo and refer it to a committee or direct the City Manager to agendize the matter for Council action. Action may be taken immediately by the Council on colleagues m emos where there are no resource or staffing implications , or where these implications are fully outlined in the colleagues m emo. The Brown Act requires that the public be fully informed of the potential action by the Council when the agenda is published. In order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the colleagues m emo contains all actions that the Council members want completed on the night of the Council review.

Existing Language
None
Proposed New Language (updated after Dec. 13 P&S meeting) Non-urgent Colleagues Memos that will not result in actions completed by the end of the year will not be accepted between the date of an election that includes election of new Council members and the swearing in of a new Council.
*
* *
S
ECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA (exist. Procedures 2.4) City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below, except as determined otherwise by the Mayor in consultation with the City Manager . In setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in the agenda-setting process if needed.. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda items that shall be taken up first or at a specific time during the course of the meeting (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a majority vote of those present:
a. Ca
ll to Order
b. Special Orders of the Day
c. Study Session and/or Closed Session
d. Agenda Changes, Additions and Deletions
a
Packet Pg. 371
baa21 Late Packet
City Council Protocols and Procedures Handbook
16 e. G eneral Public Comment
f. Consent Agenda
Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or debate. Council Minutes are approved on Consent. The consent calendar shall be voted upon as one item.
g. City Manager Comments
h. Action Items
i. Council Member Questions, Comments and Announcements j. Adjournment
Items Considered After 10:30 p.m.

The Council makes every effort to end its meetings before 11 p.m. With that goal in mind, the Council generally does not start discussion of new matters after 10:30 p.m. Before 10 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 p.m. and, if so, which specific items will be taken up.

3.1. C
all to Order

3.2. Closed Sessions [UPDATED to comply with law and reduce repetitive language] Closed sessions are the only part of a Council meeting that the public cannot attend though they are allowed to make public comments before the start of the closed session. Council may meet in closed session only as specifically authorized by State law. The most common types of closed sessions are labor negotiations, litigation, employment issues, and real estate negotiations.

The C
ouncil will make a public report after the session where required by State law.

A
. Closed Session Requirements
1) Announcements Before Closed Sessions
The Mayor/City Clerk shall announce the item or items to be considered in closed session by reference to the appropriate agenda number or letter, or in an alternate form that shall be provided by the City Attorney.
2) Public Comments
Members of the public are permitted to make public comments on closed session matters. The City Clerk shall be present in the open session to record Council attendance and any statements made by the public or by the Council.
3) Vote to Go Into Closed Session
The Council shall vote to go into closed session.
4) Attendance
The City Manager and City Attorney, or their designees, shall attend closed session s u
nless it is necessary to excuse them. A dditional staff shall attend as necessary and then only if the legal privileges of confidentiality obtained in an executive session are maintained.
a
Packet Pg. 372
baa21 Late Packet
City Council Protocols and Procedures Handbook
17 5) Public Reports
State Law and a Palo Alto initiative require the Council to make a public report after a closed session when certain kinds of actions are taken (PAMC section 2.04.030). Reports from closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City representative as designated by the Council. Such designated person is the only individual authorized to make public statements concerning the closed session.

I
t is the policy of the Council to inform the public of action taken in closed session to the greatest extent possible. It is recognized, however, that the need for confidentiality is inherent in closed sessions and that certain matters if revealed may be a detriment to the results desired. The Council shall publicly report:
(a) a
ny decision to appoint, employ, or dismiss a public employee and the roll call vote thereon at its next public meeting,
(b) actions related to litigation and the roll call vote on such actions, unless the report would, in the written opinion of the City Attorney for specifically stated reasons, clearly jeopardize the City’s ability to effectuate service of process on one or more unserved parties or impair the City’s ability to resolve the matter through negotiation, mediation or other form of settlement. Notwithstanding the City Attorney's written opinion, the Council may under any circumstance, by majority vote, determine that it is in the City's best interests to disclose actions taken in closed session related to litigation. The public report shall be given as soon as possible, but no later than the next regular meeting, and shall include the vote or abstention of every member present. The City Attorney’s written opinion shall be made public, along with any action taken and any vote thereon, as soon as any litigation is concluded. The City Attorney shall record any action and vote upon such forms as the City Attorney may deem desirable.
6) No Minutes
No minutes of closed sessions shall be kept. The City Attorney shall record the information necessary to comply with State law and Municipal Code section 2.04.030. 7) Confidentiality
No person in attendance at a closed session may disclose the substance or effect of any matter discussed during the session (PAMC section 2.04.040), except to the extent authorized by a majority vote of Council or as required by a court.

3.3. Study Sessions
Study Sessions are agenda items during which the Council receives information about City business in an informal setting. Study sessions are intended to be discussion items only. The Decorum rules still apply to the behavior of the Council and public.

A
. Study Session Procedures
1) Time
Special study sessions will be held as needed.
a
Packet Pg. 373
baa21 Late Packet
City Council Protocols and Procedures Handbook
18 2) Topics and Process
Study sessions are intended to be conducive to in-depth factual presentations by City staff and detailed questioning and brainstorming by Council on issues of significant interest .

The Council may discuss the material freely without following formal rules of parliamentary procedure, and the Mayor shall have discretion to determine th e a
ppropriate process for conducting the study session, including when public comment will be heard.
3) Public Participation
Members of the public are allowed to make public comments on study session matters a t th
e time directed by the presiding officer. The general rules of decorum apply. 4) No Action Taken
Staff may be directed to bring matters back for Council consideration at future meetings, as no action can be taken.

3.4. Special Orders of the Day

3.5. Agenda Changes, Additions, and Deletions
A. W
hen the Council is unable to complete its agenda, the remaining business will generally be rescheduled as follows:
1) I
tems Rescheduled to a Date Uncertain
When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor shall confer on an appropriate date to reschedule the item. 2) I
tems Rescheduled to a Date Certain
Council may reschedule an item to a specific future Council meeting.

B
. Adding New Items to the Agenda
Only matters on the agenda shall be taken up by the Council, except in cases of emergency, as defined by State law.

3.6. General Public Comment (see Section 5 on Public Participation for more details about “General Public Comment”)

3.7. Consent Agenda
The Consent Agenda is the section where items not anticipated to require discussion can be presented and acted upon efficiently by Council. This generally includes administrative items; implementation of policies and programs previously approved by Council, including contracts; and other routine or non-controversial items. The Mayor and City Manager should be sensitive to high dollar value contracts and consider placing those items in the action agenda section. The consent section may include:
a
Packet Pg. 374
baa21 Late Packet
City Council Protocols and Procedures Handbook
19 A. O rdinances and Resolutions
The following ordinances and resolutions may appear on a consent calendar:
• S
econd Reading (passage and adoption) of Ordinances.
• Resolutions that are ceremonial in nature.
• Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans) , the Council Priorities, and other similar sources.
• Budget amendments that accept funding such as grants or gifts, provided Council has previously approved the activity or program.
• Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. • Clerical amendments to local laws.
• Conforming amendments to local laws that are required by State law, except items of significant public interest.

B. A dministrative Matters Including Contracts, Appointments, Approval of Applications, and Any Other Matter
An administrative matter may be placed on the consent calendar if it is:
1 An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the Staff Report accompanying the item. 2 Contracts for which the subject or scope of work has been previously reviewed by the City Council.
3 A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include routine maintenance contracts, annual audit agreements software and hardware support agreements, janitorial services, and copier agreements or postage machine agreements. 4 Designation of heritage trees.
5 Designation of historic building at the request of the property owner if there are no unusual policy ramifications.
6 Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity.
7 Items identified in the Municipal Code for placement on Consent. This includes, for example, certain appeals of determinations of the Director Planning and Development Services.
8 Approval of minutes.
9 Cancellation of meetings or scheduling of special meeting. 10 R eferral of an item to a Standing Committee, Committee, Board, Commission, or Council Appointed Officer.
11 Other similar matters as determined by the City Manager, in consultation with the Mayor. a
Packet Pg. 375
baa21 Late Packet
City Council Protocols and Procedures Handbook
20 C. I tems Unanimously Recommended for Approval by a Council Committee or Council - Appointed Board or Commission, Unless Otherwise Recommended by the Committee/Commission, Mayor, City Attorney or City Manager Items recommended unanimously for approval by Council committees and Council- appointed boards and commissions are generally placed on Consent, except as otherwise recommended by the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as required by law.

2. Public Comment on Consent Agenda
Members of the public wishing to speak to items on the Consent Calendar shall be permitted to speak prior to Council Member requests to remove an item or the vote to adopt the Consent Calendar.

3. N
o Discussion or Debate; Voting; Recusals; Speaking to a No Vote There shall not be discussion or debate on any item on the Consent agenda. A Council member who needs to recuse themself from a Consent item shall inform the Mayor and make any public disclosure that is required. The Clerk shall record the recusal on the item.

A
ny Council member may request that his or her vote be recorded as a "no" on any item or items on the Consent agenda. Any Consent item not receiving the number of “yes” votes required for the item is not approved. .

C
ouncil members may explain their "no" votes at the end of the Consent Agenda, with 3- minutes permitted for non-appeal items and 5 minutes for appeal items for each Council member. Council members may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements.

4. C
ouncil Requests to Remove Items from Consent Agenda
Three Council members may request that an item be removed from the consent agenda.

R
emoved items will be heard either later in the meeting or agendized for a subsequent meeting, depending upon the number of speakers, the anticipated length of the items that have been officially scheduled for discussion on a particular evening, the availability of staff required to support the discussion, and legally- required noticing procedures. The Mayor, in consultation with the City Manager, will decide when any removed items will be heard.

C
ouncil members who intend to request to remove an item should inform the City Manager’s office no later than noon the Sunday before the meeting. This is so that the Manager can assess the operational impacts of rescheduling a removed item to a later agenda and, if appropriate, can arrange for appropriate staff to attend Council to support consideration of the item.

3.8. City Manager Comments

3.9. Action Items
a
Packet Pg. 376
baa21 Late Packet
City Council Protocols and Procedures Handbook
21 3.10. C ouncil Member Questions, Comments, and Announcements (including reports on Boards, Commissions, and Committees)
The purpose of this agenda item is to allow Council to briefly ask staff about matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. If more than brief statements are desired, the item shall be agendized for a future meeting in the manner otherwise provided by these Procedures, such as by the City Manager or through a Colleagues Memo. Major policy issues and new assignments will not be discussed or considered in this item. To the extent possible, Council will confer with staff before raising matters under this agenda item. COUNCIL MEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS will generally last up to 15 minutes and the public may not comment.

3.11. Adjournment
*
* *
SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS

4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V) A. Mo
tions, Debate & Voting
Policy and Summary of Rules
It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions the Council can make and when those motions are properly used. See the Summary Table below.

P
urpose
The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business in order to create open respectful discussion and results that serve the public interest.

B. M
otions
A
motion is a formal proposal by a Council member asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Motions may be provided to the City Clerk in advance of the City Council meeting so that the Clerk can efficiently post the motion on the screen for the convenience of the community and Council members.

Ther
e are two types of motions; these are the “main” motion and any secondary motions. Only one main motion can be considered at a time. The main motion is the first motion to be made and receive a second. A secondary motion is described below which can be considered while a main motion is pending. a
Packet Pg. 377
baa21 Late Packet
City Council Protocols and Procedures Handbook
22 4.2 Mo tion Procedures
A
. M
ain Motion Procedures
1) Get the Floor
A Council member must receive the permission of the Mayor (or other presiding officer) before making a motion.
2) State the Motion
A motion is made by a Council member (the “maker”) stating his or her proposal. Longer proposals can be written.
3) Second Required
Any other Council member (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may “second” the motion without first being recognized. 4) Motion Transcribed
The Clerk shall transcribe the motion so that Council members, the public and staff can read it. 5) Lack of a Second
If there is no second stated immediately, the Mayor should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered. 6) Discussion
The maker shall be the first Council member recognized to speak on the motion if it receives a second. The seconder shall be the second Council member to speak on the motion. Generally Council members will speak only once with respect to a motion. If the Mayor or Council permits any Council member to speak more than once on a motion, all Council members shall receive the same privilege.
7) Secondary Motions
Secondary motions may be made by a Council member upon getting the floor. 8) Action
After discussion is complete the Council will vote on the motion under consideration.

B. S
econdary Motion Procedures
Only one main motion may be entertained by Council at a time . The Council recognizes the following secondary motions which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list:

The
purpose of the allowed secondary motions is summarized in the following text and table. 1) Fix the time to which to adjourn
This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. a
Packet Pg. 378
baa21 Late Packet
City Council Protocols and Procedures Handbook
23 2) Adjourn
This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. 3) Take a recess
This motion interrupts the meeting temporarily. It is amendable but is not debatable. 4) Raise a question of personal privilege
This motion allows a Council Member to address the Council on a question of personal privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. 5) Lay on the table
This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter must be reagendized in the future if further consideration is to be given to the matter. 6) Previous question
This motion “calls the question” by closing debate on the pending motion. A motion for previous question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two -thirds vote of those Council m embers present and voting.
7) Limit or extend debate
This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two -thirds vote of those Council members present and voting.
8) Continue to a certain time
This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. 9) Refer to a city agency, body, committee, board, commission or officer This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to Council, at which time subject is fully debated. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. a
Packet Pg. 379
baa21 Late Packet
City Council Protocols and Procedures Handbook
24 10) Amend or substitute
This motion changes or reverses the main motion. It requires a second, is amendable, and is debatable only when the motion to which it applies is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying a motion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely.

C. Mo
tion Process Reference Chart
Motion Description 2nd
Required
Debatable Amendable 2/3 Vote
Fix the time to
which to adjourn Sets a next date and time for
continuation of the meeting
YES Only as to time to which
the meeting is adjourned YES
NO
Adjo
urn
Sets time to adjourn. Not in order if (a)
repeated without intervening business
(b) made as an interruption of a
member while speaking; (c) the
previous question has been ordered;
and (d) while a vote is being taken
Y
ES
Only to set the time to
which the meeting is
adjourned NO
NO
Take a recess Purpose is to interrupt the meeting YES NO YES NO Raise a question of
privilege
Allows member to address Council on a
question of personal privilege limited to
Council welfare or cases where a
member’s personal integrity, character,
or motives are questioned.

NO NO NO NO
Lay on the table Interrupts business for more urgent
business

YES NO NO NO
Previous question
(close debate or
“call the question”)
Closes debate on pending motion YES
NO NO
YES
Limit or extend
limits of debate Purpose is to limit or extend debate YES NO YES YES Motion to continue
to a certain time Continues the matter to another,
specified time

YES YES YES NO
Refer to committee
Sends subject to another city agency,
body, committee, board, commission or
officer for further study and report back
to council, at which time subject is fully
debated
YES
Only as to propriety of
referring, not substance
of referral
YES
NO
a
Packet Pg. 380
baa21 Late Packet
City Council Protocols and Procedures Handbook
25 Motion Description 2nd
Required
Debatable Amendable 2/3 Vote
Amend or substitute
Modifies (or reverses course of)
proposed action. Cannot raise
independent question. Can amend an
amendment, but no further
YES Only if underlying motion is
debatable YES
NO
Motion to
Reconsider
Motion that can be made only during the
meeting or adjourned meeting in which
the action was taken

YES YES NO NO

4.3. Voting and Debate of Agenda Items

1. Presiding officer to review motion
The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer and the maker of the motion should work with the City Clerk to clarify the motion before allowing debate to begin. The presiding officer may review the motion prior to voting.

2. P
residing officer may debate and vote
The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council members. The presiding officer shall not be deprived of any of the rights and privileges of a Council member.

3. D
ivision of question
If the question contains two or more divisible propositions, each of which is capable of standing as a complete proposition if the others are removed, the presiding officer may, and upon request of a Council member shall, divide the same. The presiding officer's determination shall be appealable by any Council member.

4. Withdrawal of motion
A motion may only be withdrawn by the maker with the consent of the Council Member seconding it.

5. Ch
ange of vote
Council members may change their votes before the next item on the agenda is called.

6. V
oting
On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device and entered in full upon the record, except where state law requires a roll call vote

7. Fa
ilure to vote
It is the responsibility of every Council member to vote unless the member is recused. No Council a
Packet Pg. 381
baa21 Late Packet
City Council Protocols and Procedures Handbook
26 mem ber can be compelled to vote.

8. Ab
staining from vote
Council members should only abstain if they are not sufficiently informed about an item, e.g. when there was a prior meeting on the topic and they were unable to view the prior meeting b
efore the current meeting. In the event of an abstention, or silence during a vote, the abstainer in effect, "consents" that a majority of the quorum of the Council members present may act for him or her.

9. N
ot participating
A Council member who is recused from an item due to a conflict of interest, common law bias, or other legal prohibition shall make disclosures required by law, leave the dais if required, and not participate in any way in the discussion or determination of the item. A Council member may otherwise disqualify themself to avoid an appearance of impropriety.

10. T
ie votes
Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Council voting yes or no during the original vote. Before a motion is made on the next item o
n the agenda, any member of the Council may make a motion to continue the matter to another date. To the extent allowed by law, it is the Council’s intention that any continuance hereunder shall suspend the running of any time in which action of the Council is required by law. Nothing herein shall be construed to prevent any Council member from recommending the agendizing of a m
atter that resulted in a tie vote for a subsequent meeting.

11. Motion to reconsider
A motion to reconsider any action taken by the Council may be made only during the meeting or adjourned meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing s ide of an issue but may be seconded by any Council member. A motion to reconsider may be ma
de at any time and shall have precedence over all other motions, or while a Council member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered.

Reconsideration may be moved only once on the same motion. However, a Council member may make a motion to rescind such action at a subsequent meeting of the Council, provided an appropriate item is on the published agenda.

12. A
ppeal from the decision of presiding officer
When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Council member. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the decision or ruling of the presiding officer is reversed. a
Packet Pg. 382
baa21 Late Packet
City Council Protocols and Procedures Handbook
27 13. G etting the floor; improper references to be avoided Every Council member desiring to speak shall address the presiding officer and, upon recognition by the presiding officer, every Council member shall be confined to the question under debate, avoiding all indecorous language and personal attacks.

14. Interruptions
Except for being called to order, a Council member once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Council member called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Council member shall be permitted to proceed.

15. C
ouncil Member Speaking Time
The presiding officer shall give each Council member up to five (5) minutes to speak in each round of discussion during discussions on Council items where discussion takes place. The Council shall follow the speaking times set by the presiding officer and the presiding officer or Vice Mayor shall en
force the speaking time set.

4.4 Q
uasi-Judicial Matters
A
. Quasi-Judicial Matters
It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve consideration of an application to develop real property. The City, including Council and associated Boards and Commissions, reaches a determination by applying standards and requirements in existing law to the facts and evidence submitted in the hearing. Findings must be stated to explain the evidentiary basis for Council’s final decision.

Purpose
These rules are intended to assure that City Council decision making on quasi-judicial matters is based upon facts and evidence known to all parties and to support the role of Boards and Commissions in making independent recommendations to Council.

Ge
neral Requirements
i. Quasi-Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural rules include hearings involving the following matters:
a. Conditional Use Permits
b. Variances
c. Home Improvement Exceptions
d. Design Enhancement Exceptions
e. Subdivisions, other than final map approvals
f. Architectural Review
g. Other Matters as Determined by the City Attorney
a
Packet Pg. 383
baa21 Late Packet
City Council Protocols and Procedures Handbook
28 ii. Restrictions on Council Communications Outside of Quasi-Judicial Hearings It is the policy of the Council to discourage the gathering and submission of information by Council members outside of any noticed public meeting, prior to final recommendations by the Architectural Review Board or Planning & Transportation Commission. The following procedural guidelines are intended to implement this policy but shall not be construed to create any remedy or right of action.
iii. Identification of Quasi-Judicial Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial matters on both the tentative and regular Council agendas. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the matter.
iv. Council to Track Contacts
Council members should track contacts with any person or entity pertaining to quasi-judicial matters. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member.
v. Disclosure
When the matter is agendized at Council, Council members will disclose any contacts which have significantly influenced their preliminary views or opinions about the item. The disclosure may be oral or written and should explain the substance of the contact so that the project applicant, other Council members, interested parties, and the public will have an opportunity to learn of the factors influencing the Council's decision and to attempt to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Member from participation in a quasi- judicial matter unless the Council Member, in consultation with the City Attorney, determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item.
vi. No Contacts after Hearings
Following closure of a quasi-judicial hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff.
vii. Written Findings Required
On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated.
a
Packet Pg. 384
baa21 Late Packet
City Council Protocols and Procedures Handbook
29 viii. Rules of Evidence
Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council.
ix. Council Members Who are Absent During Part of a Hearing A Council member who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched the video record of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent.

Council members who were absent should state for the record that they have reviewed the proceedings and materials.

B. Pr
esenting at Quasi-Judicial Hearings
In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10 minutes for their opening presentation and 3 minutes for rebuttal before the hearing is closed. In the case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation a
nd rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall be
a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, each individual appellant shall be given a minimum of 5 minutes for presentation and 3 minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the Presiding Officer shall independently, or may upon advice of the C
ity Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant.

C. S
ubmittal of Materials Directly to Council
If Council receives planning application materials related to agenda item matters they should notify the City Clerk and the City Manager as soon as possible so that the materials can be placed in the official record and distributed to all Council members , parties to the proceeding, staff and the public.
*
* *
SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL

5.1 . Public Participation During City Council Meetings Ove
rview
The Council welcomes members of the public to participate in meetings through public comment opportunities. It is the policy of the Council to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for a
Packet Pg. 385
baa21 Late Packet
City Council Protocols and Procedures Handbook
30 Palo Alto. Palo Alto has a long and proud tradition of open government and civil, intelligent public d
iscourse. Open government meetings must allow everyone to be heard without fear of cheers or jeers. For these reasons, the Council takes these rules seriously. Disruptive or unruly behavior in violation of the law can result in removal from the Council meeting and/or arrest and prosecution.

A
. Access to Meetings
In-Person and Remote Participa tion. Council meetings are available in person in the Council Chambers and through an online meeting platfor m. Members of the public are welcome to attend the meeting in person or to join the online meeting platform.

T
ranslators: Speakers may bring a translator as needed and will be allotted additional time, as appropriate.

A
DA Access. Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent with law. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650 - 329-2571 (voice) or email at [email protected]@cityofpaloalto.org.

B. S
ummary of Rules for Public Participation
Every regular Council agenda has two different kinds of opportunities for the public to speak. The first is during General Public Comment. The second is during the public comment or public hearing portion of each agenda item.

G
eneral Public Comment. This part of the meeting is provided so that the public can speak to any subject that is in the Council’s jurisdiction, when there is no item listed on the agenda on that topic. The Council limits the total time to up to 30 minutes per meeting for General Public Comment. State law does not permit the Council to act on or discuss an item raised at that meeting inGeneral Public Comment, and Council members shall not enter into debate with speakers, but Council members may ask brief clarifying questions and may ask City staff to follow up on any concerns raised.

Public
comment or public hearing portion of each agenda Item. The Brown Act requires the opportunity for public comment on all listed agenda items, except ceremonial items, procedural items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and Council Member Questions, Comments and Announcements). Public comments or testimony must be related to the matter under consideration.

C. T
ime Limits
I
ndividual Speakers. The presiding officer will announce the time that each speaker may use. The Council generally allows 3 minutes per speaker but a shorter time may be designated when there are many speakers or items on the agenda (For example, if there are fewer than 10 speakers, the speakers would usually get 3 minutes to speak. If there are more than 10 speakers, then the presiding officer may choose to reduce the time for each speaker).

Sp
okesperson for a Group. When a group of people wishes to address the Council on the same subject matter, they may designate a spokesperson to address the Council. Spokespersons are a
Packet Pg. 386
baa21 Late Packet
City Council Protocols and Procedures Handbook
31 subject to the same time limits as other speakers, except that spokespersons who are representing a
group of five or more people who have requested to speak and are verified as present in the Council Chambers or online will be allowed 10 minutes and will, to the extent practical, be called upon ahead of individual speakers. If the presiding officer reduces the speaking time for individual speakers, the total speaking time for a spokesperson will also be reduced as determined by the presiding officer.

D. G
aining Permission to Speak
Any person who wants to make a spoken public comment on an item on the Council agenda can do so if they are attending either in person or virtually. If attending in person, members of the public should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff presentation. Members of the public participating virtually should use the “raise hand” function in the online meeting platform, or if participating via phone, hit *9 to notify the Clerk that they wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so that the speakers can be identified and organized in an orderly way.

E. Public Decorum During Meeting
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in order to assure a fair opportunity for everyone to participate in an open and civil setting. a) No
person, other than a Council member and the person having the floor, shall be permitted to speak without the permission of the presiding officer. b
) All remarks should be addressed to the Council as a body and not to any individu al m
ember or staff person.
c) No person, besides staff or the Council, shall enter the staff area of the Council dais without the permission of the presiding officer or appropriate Council Appointed Officer. d) The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the conduct of a meeting ; (2) Make threats against any person or against public order and security while in the Council C hambers; (3) Use the Council Chambers during meetings for any purpose other than participation in or observation of City Council Meetings.

A
ny Council Member may appeal the presiding officer’s decision on a decorum violation t
o the full Council. Decorum violations are a misdemeanor and may lead to a person being removed from the Council meeting. (PAMC sections 2.04.120, 2.04.150.) F. Record of Speakers
• Persons wishing to address the Council shall use the microphone provided for the public and speak in a recordable tone, either personally or with assistance, if necessary. • S
peakers are requested to state their name but cannot be compelled to do so as a condition of addressing the Council.
a
Packet Pg. 387
baa21 Late Packet
City Council Protocols and Procedures Handbook
32 G. End
of Public Comment After a Council Motion
Following the time for public input and once the matter is returned to the Council no person shall address the Council without first securing the permission of the presiding officer to do so, subject to approval of the City Attorney with respect to any hearing required by law. * * *
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or in a Council Committee). The Council adopted protocols provide a framework for the policy on e -mail communications between Council members and staff on agenda-related items, including the following:

6.1. Submit Questions on Council Agenda Items Ahead of the Meeting In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council members are encouraged to submit their questions on agenda items to the appropriate Council Appointed Officer or City Manager by 5:00 p.m. the Wednesday prior to the meeting so staff can be prepared to respond before or at the Council meeting.

6.2. C
ity Council emails for Agenda-Related Items Procedure
• C
ouncil members should direct any questions on staff reports and agenda items only to the City Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk should be directed to the appropriate Council Appointed Officer. • Council members should submit questions on agenda items no later than 5 p.m. on the Wednesday prior to the Council meeting at which the item will be discussed. Staff will make best reasonable efforts to post written responses to timely -submitted questions by Thursday 5 p.m. Any questions received after 5 p.m. on the Wed nesday before the meeting may be responded to via e- mail, or alternatively, will be responded to at the Council meeting.
• St
aff will not engage in “dialogues” with individual Council members regarding questions ; ho
wever, follow-up questions to initia l questions will be responded to at the Council meeting.
• S
taff will give highest priority to responding prior to the Council meeting via e-mail only on items on the Consent Agenda. Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the meeting, although Staff welcomes such questions in advance of the meeting in order to prepare for the Council a
Packet Pg. 388
baa21 Late Packet
City Council Protocols and Procedures Handbook
33 and public discussion. T echnical and clarifying questions on non -Consent Calendar items will be responded to as time permits.
• If th
e staff will be responding to a Council members Consent Agenda question at the meeting rather responding to the question via e-mail, Staff will inform the Council member as early as possible after receipt of the question(s).
• Qu
estions and all staff-prepared responses will be forwarded to all Council members as well as post online for public review of Council agenda questions and staff responses. Staff will include the name of the Council member posing the questions in the “subject” field of the e- mail response.
• Copies of all Council member agenda questions and staff responses will be emailed to t he C
ouncil p a nd posted publicly on the meeting agenda. If staff responses are not released until the meeting date, they will be provided in printed form at the dais. *
* *
SECTION 7 – ANNUAL COUNCIL PRIORITY SETTING GUIDELINES
A
nnual Council Priority Setting Guidelines
The f
ollowing language is from the City Council Priority Setting Guidelines” document adopted by the City Council on October 1, 2012.

P
riorities Background and Definition
The City Council adopted its first Council priorities in 1986. Each year the City Council reviews its priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the definition of a Council priority, and the Council’s process and guidelines for selection of priorities.

A
Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. This varies from a Council value which is defined as an enduring goal and intention to guide the work of the City Council. The values allow the City Council to maintain these enduring intentions while also selecting annual priorities that reflect shorter-term projects and goals. The City Council Values are listed below.

P
urpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize time for discussion and decision making.

P
rocess
In advance of the annual Council Retreat, staff will solicit input from the City Council on the priorities to be reviewed and considered for the following year.
• Council members may submit up to three priorities.
• Priorities should be submitted no later than December 1. a
Packet Pg. 389
baa21 Late Packet
City Council Protocols and Procedures Handbook
34 • As applicable, the City Manager will contact newly elected officials for their input by December 1.
• The City Manager and the City Clerk will solicit for the public to share proposed priorities prior to the Council retreat. The Policy and Services Committee shall recommend to the Council which suggestions if any shall be considered at the City Council retreat.
• Staff will collect and organize the recommended priorities into a list for Council consideration and provide to Council in the packet for the City Council retreat. • If needed, the Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat.

G
uidelines for Selection of Priorities: There is a goal of no more than three priorities per year and priorities generally have a three-year time limit.

I
n November 2022, the Council adopted a set of values as described here:

Th
e Palo Alto City Council has universally shared values that help guide our decisions and the work we do. These values include:

1. We will make decisions that balance revenues and expenses, now and in the future.

2. We will make decisions that are environmentally sustainable, now and in the future.

3. We will integrate equity into our decisions, considering how decisions affect people differently based on their identity or circumstances.

4. We will make decisions that create a healthy, safe and welcoming community for all.

5. We will safeguard public trust through transparent practices and open communication.

6. We embrace innovation.
*
* *
SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT

8.1. Commit to Annual Review of Important Procedural Issues (exist. Protocol 3.1) At the beginning of each legislative year, the Council will hold a special meeting to review the Council protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important procedural issues.

8. 2. Enforcement (exist. Protocol Section 5)
Council members have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council members, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council members entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. a
Packet Pg. 390
baa21 Late Packet
City Council Protocols and Procedures Handbook
35 U
nder circumstances where Council members believe that actions by another Council member are inconsistent with this Handbook and require formal review and potentially action, a public discussion and censure are available steps for review and enforcement.

S
hould two or more Council members believe that actions by a Council member are inconsistent with this Handbook, a Colleagues Memo may be used as a method to schedule public discussion of the matter at an upcoming City Council meeting. Based on the Council discussion, the matter may then be closed or proceed to consideration of further steps including censure.

Ce
nsure is an official reprimand or condemnation made by Council in response to specified conduct by one of its own members. Censure is disciplinary in nature, and requires the formal adoption of a resolution setting forth the Council member’s alleged violations of law and/or policies. Censure may require an investigation, and must protect the due process rights of the Council member. Censure carries no fine or suspension of the rights of the Council member as an elected official but a censure is a punitive action that serves as a punishment for wrongdoing.

Thr
ough a Colleagues Memo, Council members may request a formal censure action be placed on a Council agenda. The City Clerk shall provide notice of the possible censure to the Council member who is the subject of the action. The notice shall contain the specific charges on which the proposed censure is based and the date and time that the matter will be heard. Upon hearing the testimony, the Council may take action by resolution setting forth its findings and stating the terms of the censure. a
Packet Pg. 391
baa21 Late Packet
City Council Protocols and Procedures Handbook
36 PART II: CITY COUNCIL PROTOCOLS
The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation.

Section 1 – City Council Conduct (exist. Protocol Section 2)

1.1. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.

1.2. C
omply with Law
Members shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions, the city Charter, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of governments and City ordinances and policies.

A. R
espect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff.

1.3. C
ity Council Core Responsibilities (exist. Protocol Sec. 1) All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect.

All Co
uncil Members:

A. Demonstrate honesty and integrity in every action and statement B. Comply with both the letter and spirit of the laws and policies affecting the operation of government.

C. Serve as a model of leadership and civility to the community D. Inspire public confidence in Palo Alto government
E. Work for the common good, not personal interest
F. Prepare in advance of Council meetings and be familiar with issues on the agenda G. Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others H. D
o not politicize procedural matters such as minutes approval or agenda order for strategic p
urposes
a
Packet Pg. 392
baa21 Late Packet
City Council Protocols and Procedures Handbook
37 I. P articipate in scheduled activities to increase Council effectiveness J. Review Council procedures, such as these Council Protocols, at least annually K. Represent the City at ceremonial functions at the request of the Mayor L. Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations
M. Respect the proper roles of elected officials and City staff in ensuring open and effective government
N. Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town

1.4. G
eneral Member Conduct
Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues.

A. C
onduct of Members
The professional and personal conduct of members must be above reproach and avoid even the a
ppearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff or the public. Rude and unprofessional behavior are also unacceptable.

B. I
n Public Meetings (exist. Protocol 2.1)
1) Use Formal Titles
The Council should refer to one another formally during Council meetings as Mayor, Vice Mayor or Council Member followed by the individual’s last name. 2) P ractice Civility and Decorum in Discussions and Debate.

Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions.
3) H onor the Role of t he Presiding Officer in Maintaining Order and Equity.

Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the City Council Procedural Rules. 4) D emonstrate Effective Problem -Solving Approaches.

Council members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

Council members are role models for residents, businesspeople and other stakeholders involved in public debate.
5) Be Respectful of Other People's Time.

Stay focused and act efficiently during public meetings. a
Packet Pg. 393
baa21 Late Packet
City Council Protocols and Procedures Handbook
38 C. I
n Private Encounters
Treat Others as You Would Like to be Treated.

Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way.

1.5. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

1.6. A
dvocacy
A. R
epresentation of Private Interests
In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any other board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.

B. A
dvocacy
Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do.

C. C
ouncil Voting Delegate Authority at Conferences / Annual Meetings The Council may authorize a Council member to act as the voting delegate at conferences or meetings of other bodies, including, but not limited to, the League of California Cities annual conference, National League of Cities conference, and the Association of Bay Area Governments (ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting delegate with specific direction on proposed resolutions and other matters. When provided specific direction, the voting delegate’s authority is limited to matters on which the Council has directed the delegate to vote.

1.7. C
ouncil Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

A. T
reat All Staff as Professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with Cit y
st
aff.

B. C
hannel Communications through the Appropriate Senior City Staff a
Packet Pg. 394
baa21 Late Packet
City Council Protocols and Procedures Handbook
39 Questions of City staff should be directed only to the City Manager, Assistant City Manager, City Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on any request to Department Heads. Council members should not set up meetings with department staff directly, but work through Department Heads, who will attend any meetings with Council members. When in doubt about what staff contact is appropriate, Council members should ask the City Manager for direction. However, nothing in these protocols is intended to hinder the access Council-appointed liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities.

D. I
n order to Facilitate Open Government, All Council Members Should Make Decisions with the Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative A
genda or in a Council Committee)
E. N
ever Publicly Criticize an Individual Employee, Including Council Appointed Officers. Criticism is differentiated from questioning Facts or the opinion of staff.

All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation. Comments about staff in the office of the City Attorney, City Auditor or City Clerk should be made directly to these CAOs through private correspondence or conversation.

A
s a Council member, it is important to remember to indicate when the views you state are your own versus views which represent those of the full Council. This is relevant whether sending correspondence related to a legislative position or corresponding with constituents or representatives of other governmental agencies or organizations.

In
the case where the Council has appointed a Council member to serve on a regional governing body to represent the interests of the entire region, the Council member serving on that regional body should clearly state if they are representing the City or the regional board or commission in their positions.

G. Do
Not Attend Staff Meetings Unless Requested by Staff
Even if the Council member does not say anything, the Council member’s presence may imply support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively.

H. D
epend upon the Staff to Respond to Citizen Concerns and Complaints It is the role of Council members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol on channeling communications. The senior staff member should respond according to the Policy a
Packet Pg. 395
baa21 Late Packet
City Council Protocols and Procedures Handbook
40 and Procedure for Responding to Customer Complaints. Senior staff is responsible for making s
ure the Council Member knows how the complaint was resolved.

I. Do
not Solicit Political Support from Staff
The City Charter states that “Neither the city manager or any other person in the employ of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Council members should avoid any staff interactions that may be construed as trying to shape staff recommendations to be presented to the Council as a whole.

J. U
se of Public Resources
Members shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.

J. Use of City Letterhead
Official Mayor/City Council letterhead should only be used for correspondence signed by the Mayor or City Council members when specifically directed by the Council or consistent with prior City Council direction. This applies to the use of any stationery that could be interpreted as official letterhead.

1.8. U
se of Staff Time
A. D
o Not Get Involved in Administrative Functions (exist. Protocol 2.3 E) The key provisions on Council-staff relations found in section 2.04.170 of the Palo Alto Municipal Code:
“
Neither the council nor any of its committees or members shall direct, request or attempt to influence, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent the city manager from exercising individual judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately.”
B. R
espect the “One Hour” Rule for Staff Work
Requests for staff support should be made to the appropriate senior staff member, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities.

Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda. The 1-hour rule applies to all Council members equally. a
Packet Pg. 396
baa21 Late Packet
City Council Protocols and Procedures Handbook
41 *
* *
SECTION 2 - City Council Conduct with Palo Alto Boards and Commissions The City has established several Boards and Commissions as a means of gathering more community input.

Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. Council members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the full Council on matters for which the full council has not yet taken a policy position. In other instances, Council members may attend Board or Commission meetings as individuals, and should follow these protocols:

2.1. If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions.

Council members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission should make a point to clearly state it is an individual opinion and not a representation of the feelings of the entire City Council.

2.2. Refrain from Lobbying Board and Commission Members.

It is i nappropriate for a Council member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council members to contact Board or Commission members in order to clarify a position taken by the Board or Commission.

2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members.

The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council members should not feel they have the power or right to unduly influence Board and Commission members. A Board and Commission appointment should not be used as a political reward.

2.4. Concerns about an Individual Board or Commission Member Should be Pursued with T act.

If a Council member has concerns with a particular Board or Commission member fulfilling his or her roles and responsibilities and is comfortable in talking with that individual privately, the Council member should do so. Alternatively, or if the problem is notresolved, the Council Member should consult with the Mayor, who may address the issue to the Council as appropriate.
a
Packet Pg. 397
baa21 Late Packet
City Council Protocols and Procedures Handbook
42 2.5. Be Respectful of Diverse Opinions.

A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council members may have a closer working relationship with some individuals serving on Boards and Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions.

2.6. Keep Political Support Away from Public Forums.

Board and Commission members may offer political support to a Council member, but not in a public forum while conducting official duties. Conversely, Council m embers may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council member.

2.7. Maintain an Active Liaison Relationship.

Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission.

2. 8 Role of Council Liaison to Board or Commission
The role of Council liaison to a Board or Commission is to share prior Council discussions and actions on issues as applicable, and assist the Board or Commission in understanding likely Council perspectives on issues as well as how the Board o r Commission might support Council decision-making.
*
* *
SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL

3.1. Respond to Council Questions as Fully and as Expeditiously as is Practical The protocol for staff time devoted to research and response is in application here. If a Council Member forwards a complaint or service request to a department head or a Council Appointed Officer, there will be follow-through with the Council Member as to the outcome.

3.2. Resp
ect the Role of Council Members as Policy Makers for the City Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives

3.3. De
monstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings

3.4. I
t is Important for the Staff to Demonstrate Respect for the Council at all Times. All Council members Should be Treated Equally
a
Packet Pg. 398
baa21 Late Packet
City Council Protocols and Procedures Handbook
43 *
* *
THIS SECTION UNDER REVIEW To be
reviewed in 2023
S
ECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND

MISCELLANEOUS EXPENSE REIMBURSEMENT
This policy is set by the City Council and applies to Council m embers and to Board and Commissions members, who will be referred to as “Officials” in the policy. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in accord with the Charter and Municipal Code, such expenditures must be from authorized appropriations.

4.1. E
ligible Activities
The following activities (“Eligible Activities”) are recognized by the Council as advancing municipal purposes and are eligible for expense reimbursement, subject to limitations on activities and specific and total expenditures described elsewhere in this policy:

A
. Communicating with representatives of regional, state and national government on adopted city policy positions;
B
. Attending educational seminars designed to improve officials’ skill and information levels; C. P
articipating in regional, state and national organizations whose activities affect the City’s int
erest;
D. In
collaboration with City staff, implementing a city-approved strategy for attracting or retaining b
usinesses to the City.

All o
ther expenditures require prior approval by the City Council at a regular or special meeting.

4.2. O
ut-of-Town Conferences or Meetings
A. R
eimbursement
All payments for travel and meetings shall be on the basis of either reimbursement of expenses advanced by the Council Member/Official or payments made directly to travel agencies/websites, hotels, airlines or the organization sponsoring the meeting. All requests for payments or reimbursements must be accompanied by invoices or paid detailed receipts and a copy of descriptive literature about the conference or meeting. The City Clerk, Mayor or Chair for Officials must approve, in advance, individual travel requests for out -of-town meetings and conferences, e.g., Annual League of California Cities Conference, National League of Cities Conference, etc., including Eligible Activates.

Allo
wable expenses for local or Bay Area Eligible Activates do not require prior approval by the Mayor or Chair.
a
Packet Pg. 399
baa21 Late Packet
City Council Protocols and Procedures Handbook
44 Th
e total reimbursement shall not exceed the budget adopted by the Council for this purpose.

All r
eimbursements shall comply with the limits of Policy and Procedures 1-02 (Citywide Travel Policy).

E
xpense reports should be submitted within 30 days of end of trip. Inability to provide such documentation in a timely fashion may result in expense being borne by the Council Member or Official.
• Mea
ls
The City will provide a per diem (“per day”) allowance for meals and incidentals to Council members or Officials who are approved to travel overnight for official City business. Council members or Officials will receive a flat rate for meals and will not be required to submit receipts.

The
per diem rate varies and is dependent on the destination of travel. The rates for the various travel destinations are available on the U.S. General Services Administration website (http://www.gsa.gov/portal/content/104877). When meals are provided at an event, the value of that meal will be deducted from the daily per diem rate. Travelers will receive 75% of the daily per diem amount on days requiring transportation to and from the location (i.e., departure day and return day) regardless of departure and arrival times. Meals provided on days of travel shall be deducted at full-value.

C. L
odging Expense
Council members or Officials shall select single occupancy, standard, non-deluxe accommodations and should stay at hotels offering economical lodging rates. When possible, travelers attending a conference or seminar should stay at conference hotels, which offer a negotiated rate.

T
he City will not reimburse any cost related to the extension of a hotel stay beyond the time necessary to complete the event. An out-of-state trip involving cross-county travel may require hotel accommodations both before and after the conference or training.

W
ithin California and adjoining states, an extra night’s hotel stay should not be necessary if flight arrangements can be made the same day.

T
he use of hotels is restricted to cities located beyond 50 miles (one-way) from the City of Palo alto or the traveler’s residence (whichever is shortest). For example, if the destination is Sacramento and you live in Palo Alto (118 miles) or Oakland (81 miles), you would qualify for a hotel (and per diem for meals). However, if you live in Vacaville (35 miles) or Lodi (36 miles) you would not qualify for a hotel.

E
xpenses incurred for guests of the traveler and the like are not reimbursable. a
Packet Pg. 400
baa21 Late Packet
City Council Protocols and Procedures Handbook
45 Incidental expenses related to City business shall be reimbursed at cost as supported by submitted receipts. Incidental expenses may include hotel parking charges, Internet connection services, and telephone charges.

The a
ctual costs for parking will be reimbursed when approval to use a personal vehicle or rental car is obtained in advance. Council m embers or Officials should use the lowest cost alternative for parking within a reasonable area from the destination. Internet connection services purchased to conduct City business are reimbursable. Other charges on the hotel bill, such as pay-TV movies, cleaning, laundry, room service charges or charges for additional guests are not reimbursable.

D. T
ransportation
1) Air Transportation
Council members or Officials shall fly economy class on the lowest flight available for the most direct route to the final destination, which could reasonably include scheduled layovers. Council Members or Officials are encouraged to make air reservations as early as feasible to obtain the greatest discount and to consider the use of alternate but nearby airports to take advantage of the lowest fares. Extension of the trip to cover a weekend stay to obtain a lower airfare does not entitle the Council Member or Official to be reimbursed for the extra day’s hotel.

Council members or Officials may use City travel to qualify for frequent flyer credits, but the selection of an airline for a given trip shall not be made for the purpose of accumulating such credits. Council members or Officials that choose to use their personal frequent flyer miles for City business shall not be reimbursed for the value of the tickets. If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable.

2. R ental Cars
Rental cars shall be approved if other ground transportation, such as shuttles or taxis, is more expensive during the stay at the destination. Only economy or compact car models may be rented unless an upgrade is provided by the rental agency at no additional cost. Because the City is self -insured, Council m embers or Officials should decline any additional insurance offered by the rental company. Council m embers or Officials must also decline the Fuel Purchase Options (which allows for prepayment of a gas tank refill) and shall refuel prior to returning the rental car. Rental car options such as GPS devices and any other extra optional charges are not reimbursable.

The use of a rental car, in lieu of a private auto, to travel to and from an out-of-town event will be reimbursed either at the current IRS mileage rate or the car rental cost apportioned for the number of days used for City business, whichever is less.

3. P rivate Automobiles
Private automobiles may be used for personal or group transportation on extended trips. a
Packet Pg. 401
baa21 Late Packet
City Council Protocols and Procedures Handbook
46 Reimbursement shall be made at the current IRS mileage rate. The distance to be reimbursed shall be measured from the place of work and from the employee’s home, and the calculated mileage reimbursement shall be based upon which of the two distances is shorter. Mileage reimbursement for private automobiles shall not exceed the cost of round trip air transportation (economy class) for a reservation made at least seven days in advance of the trip.

4. 3. Local or Bay Area Activities
Council members or Officials who have been requested or designated to represent the City may receive the actual cost of:

A. Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings.

B. Re
gistration fees where applicable.

C. Mileage if activity is outside the City (mileage claims should be submitted monthly, with details: date and type of meeting, number of miles traveled to be indicated), consistent with City Policy and Procedures 1-02.

D. C
ouncil members and Officials may be reimbursed by the City for use of a private bicycle to attend local or Bay Area activities outside the City of Palo Alto consistent with City Policy and Procedures 2-9.

4. 4. Other Expenses
Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and related expenses are eligible for reimbursement.

4. 4. Activities Not Considered Reimbursable
A. Vo
luntary attendance at any conference or meeting, not representing the City.

Meetings of social or service organizations.

B. Meetings of voter groups or with individual citizens concerned with agenda items. • Election campaign activities.
• A
lcohol and entertainment expenses.
• Personal portion of the trip and other non-mileage automobile expenses.

4. 6. Reports to Council
Council members and officials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors.

4. 7. Violation of This Policy
Use of p ublic resources or falsifying expense reports is in violation of this policy and may result in a
Packet Pg. 402
baa21 Late Packet
City Council Protocols and Procedures Handbook
47 any or all of the following:
- L
oss of reimbursement privileges
- A demand for restitution to the City
- The City reporting the expenses as income to the elected or appointed Official to state a nd f
ederal tax authorities
- Civil penalties of up to $1000 per day and three times the value of the resources used - Prosecution for misuse of public resources

4. 8. Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional expenses of these offices.

4. 9. Support Services
The City Clerk’s Office makes travel arrangements for Council members. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials.

4. 10. Miscellaneous Expenditures
New Language: Miscellaneous Expenditures
Existing Language
None
Proposed New Language (updated after Dec. 13 P&S Discussion) X.1 Expenditure of City Council Contingency Funds
Expenditures from the City Council Contingency budget must be directed by Council motion, either via a colleagues memo or as part of an agendized item.

X
.2 City Purchase of Tickets or Sponsorship of Non-Profit Organization Events the City Manager may purchase tickets or sponsor events by non-profit organizations, subject to budget availability, under any of the following circumstances:

1. where the event serves a City educational purpose,

2. recognition for work done by staff (not including elected or appointed officials), or

3. ex
pending budget allocations specifically intended for event attendance. x.3
Expenditure for Annual Holiday Event
Expenditures from the Council special event budget may be directed to be expended for an annual holiday celebration, subject to budget availability for attendance by Council members, executive leadership staff and community leaders. Event details will be coordinated by the Mayor and facilitated by staff.
*
* *
a
Packet Pg. 403
baa21 Late Packet
City Council Protocols and Procedures Handbook
48 SECTION 5 - C onfidentiality, Conflicts of Interest, Gifts And Favors Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. There are many State laws regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised of and comply with State law on these topics.
a
Packet Pg. 404
baa21 Late Packet
DRAFT – Dec. 14, 2022
1 DRAFT FOR REVIEW As of Dec. 14, 2022
(Redlined)

CITY COUNCIL

PROCEDURES AND PROTOCOLS

HANDBOOK
Procedures and Protocols Approved 02/01/2020 with New Table of Contents Structure for Review
If yo
u have any questions about this handbook, please feel free to contact the City Clerk by phone at (650) 329-2571 and e-mail at [email protected] or the City Attorney by phone at (650) 329-2171 and e-mail at [email protected]. b
Packet Pg. 405
baa21 Late Packet
DRAFT – Dec. 14, 2022
2 TABLE OF CONTENTS
(note: page numbers may be off and will be updated after Council review on Dec. 19)

SECTION TOPIC PAGE
Introduction Purpose of the Manual 5
PART I CITY COUNCIL PROCEDURES 5
1 City Council Organization and Structure 6

1.1 Annual Organization of City Council 6

1.2. Council Committees 6
2 General Procedures for City Council Meetings 10

2.1 Meeting Schedules, Agendas and Supporting Materials 11

2.2 The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings
12 2.3 Attendance Procedures 12

2.4 Colleagues Memos 14
3 City Council Meeting Order of the Agenda 15

3.1 Call to Order 15

3.2 Closed Sessions 15

3.3 Study Sessions 17

3.4 Special Orders of the Day 18

3.5 Agenda Changes, Additions, and Deletions 18

3.6 Oral CommunicationsGeneral Public Comment 18

3.7 Consent Agenda 18

3.8 City Manager Comments 20

3.9 Action Items 20

3.10. Council Member Questions, Comments and Announcements 20

3.11. Adjournment 20
4 Procedures At City Council Meetings 21

4.1 Council Motion and Voting Processes throughout the Agenda 21

4.2 Motion Procedures 22

4.3 Voting and Debate of Agenda Items 25

4.4 Public Hearings 28
5 How the Public Engages with the City Council 30

5.1. Public Participation During City Council Meetings 30

5.2 Access to City Council Meetings 33
6 City Council Questions on Agenda-related Items 34

6.1 Submit Questions on Council Agenda Items Ahead of the Meeting 34

6.2. City Council emails for Agenda-Related Items Policy 34

6.23 City Council emails for Agenda-Related Items Procedure 34 7 Annual Council Priority Setting Guidelines 35
8 Procedures And Protocols Review and Enforcement 37

8.1 Commit to Annual Review of Important Procedural Issues 37

8.2 Don’t Politicize Procedural Issues 37

8.3 Enforcement 37
b
Packet Pg. 406
baa21 Late Packet
DRAFT – Dec. 14, 2022
3 PART II CITY COUNCIL PROTOCOLS 38
1 City Council Conduct 38

1.1. Positive Workplace Environment 38

1.2. Comply with Law 38

1.3. City Council Core Responsibilities 38

1.4. General Member Conduct 39

1.5 Decisions Based on Merit 40

1.6 Advocacy 40

1.7 Council Conduct with City Staff 41

1.8 Use of Staff Time 43
2 City Council Conduct with Palo Alto Boards and Commissions 44

2.1 If Attending a Board or Commission Meeting Identify Your Comments as Personal Views or Opinions
44 2.2 Refrain from Lobbying Board or Commission Members 44

2.6 Keep Political Support Away from Public Forums 45

2.7 Maintain an Active Liaison Relationship 45

2.8. Role of Council to Board or Commission 45
3 Staff Conduct with City Council 43

3.1 Respond to the City Council as Fully and as Expeditiously as Possible 45

3.2 Respect the Role of Council members as Policy makers for the City 45

4.2 Out-of-Town Conferences or Meetings 46

4.3 Local or Bay Area Activities 47

4.4 Other Expenses 49

4.5 Activities Not Considered Reimbursable 49

4.6 Reports to Council 49

4.7 Violation of this Policy 50

4.8 Mayor and Vice Mayor Additional Compensation 50

4.9 Support Services 50

4.10 Miscellaneous Expenditures 51
5 Confidentiality, Conflicts of Interest, Gifts And Favors 51 b
Packet Pg. 407
baa21 Late Packet
City Council Protocols and Procedures Handbook
4 Introduction
The purpose of this City Council Procedures and Protocols Handbook is to review communicates a set of rules through which the Palo Alto City Council conducts its business in a fair, equitable and effective manner. The Handbook consists of two parts: Procedures describing the process through which work is done, and Protocols that set expectations for conduct and behavior. Adoption of the Handbook is requirement of the Palo Alto Municipal Code:.

Municipal Code 2.04.100 -– Handbook of procedural rules The Council shall adopt by resolution a handbook of procedural rules governing any aspect of the conduct of meetings and hearings for the council and its standing committees, including but not limited to agenda requirements, the order of business, rules of order, rules of evidence, closed session procedures and rules for public participation in meetings. The handbook of procedural rules shall be deemed guidelines and failure to comply with any procedural rule shall not be the basis for challenge to or invalidation of any action of the council, nor shall they be construed to create any independent remedy or right of action of any kind.

The handbook is organized in two parts:

Part I: City Council Procedures
This section explains the process through which work is done and basic rules for City Council meetings including public participation guidelines.

Part II: City Council Protocols
Thi s section explains conduct guidance for the City Council.

If a provision of this Handbook conflicts or is inconsistent with the Charter, the Municipal Code, or State or Federal law, the Charter, Code, or State or Federal law shall govern. b
Packet Pg. 408
baa21 Late Packet
City Council Protocols and Procedures Handbook
5 PART I: CITY COUNCIL PROCEDURES
SECTION 1 -– CITY COUNCIL ORGANIZATION AND STRUCTURE

1. 2. Council Committees

Pu
rpose
These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for Palo Alto.

General Requirements
Council standing committees shall be subject to the following procedural rules:
• Quorum
A majority of the committee membership shall constitute a quorum. • Referrals [REWRITTEN to comply with law]
Only the Council or City Manager shall make referrals to the standing committees.

Council members who submit matters to the Council which are referred to a standing committee may attend the committee meeting but only as an observer; they may not speak or otherwise participate in the committee meeting. b
Packet Pg. 409
baa21 Late Packet
City Council Protocols and Procedures Handbook
6 If Council wishes to allow members who are not serving on the committee to speak, the meeting should be noticed as a meeting of the full Council, and all Council procedural requirements will apply.
• Function of committees
The purpose and intent of committee meetings is to expedite Council action by providinge for more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on City problems by both the Council and the public , to the end that Council action will be expedited. Actions of the committee shall be advisory recommendations only to the full Council, except as to matters expressly delegated to the committee by Council. Matters requiring Council action may not be delegated (e.g., approval of contracts, employee appointment or removal, and adoption of ordinances or resolutions). • Minutes and Report of Committee
The City Clerk shall be responsible for the preparation and distribution to the Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes shall be delivered to all Council m Members before the Council meeting at which the committee' ’s recommendations are to be discussed. The minutes of each committee meeting serve as the report to the Council and should be incl uded, as appropriate, in subsequent relevant staff reports.
• Report of committee
The minutes of each committee meeting shall serve as the report to the Council. Any member may write a separate report.
• Agenda
The chairperson of each standing committee shall work with staff to prepare the agenda for committee meetings. Items should be scheduled as they are ready, taking into account the sequence of referral, the time required for staff research and analysis to support committee discussions, the time-sensitivity of items, and other factors as determined by the chair and City Manager.
• Public Participation at Committees
Public comment on agenda items will be limited to a maximum of five minutes per speaker, or any alternate time limit specified by the presiding officer. The chair shall determine the time that each speaker is allotted during general public comment and public comment on agendized items. The chair will typically set speaking time somewhere between 3 and 5 minutes. If extended public participation is desired the chair may provide for a longer period; if there are a large number of speakers or many agenda items, speaking time may be shortened.
[The two subsections below have been deleted because they are obsolete (#8) or factored into subsections above (#9 is now part of #7 above)]
b
Packet Pg. 410
baa21 Late Packet
City Council Protocols and Procedures Handbook
7 • Conduct of standing committee meetings
The chairperson of each committee may conduct meetings with as much informality as is consistent with Council procedural rules, which shall also be in effect during committee meetings. The views of interested private citizens may be heard in committ ee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law.
• Oral Communications
Opportunities for oral communications shall be provided in the same manner as Council meetings.
b
Packet Pg. 411
baa21 Late Packet
City Council Protocols and Procedures Handbook
8 B. Standing CommitteesPolicy and Services Committee
1) Policy and Services Committee – Role, Purpose, and Work Planning The Municipal Code states that the role of the Council Policy & Services Committee is to consider and make recommendations on matters referred to it by the council relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public work, and community and human services. (§2.04.220). In 2009 and 2010, the Council reviewed the purpose and structure of the Committee and adopted several recommendations. This section documents Council’s motions related to the Policy & Services Committee.

P
urpose Statement: The purpose of the Policy & Services Committee is to review and identify important community issues and City policies and practices to ensure good public policy. The Committee shall consider and make recommendations to Council on matters relating to parliamentary protocols, procedures and policy matters.

N
ew Language: Add other Standing Committees (Finance, City Schools, and CAO) Existing Language
None
Proposed New Language
C. Finance Committee
– R ole, Purpose, and Work Plannin g
The Municipal Code states that the role of the Council Finance Committee is to consider and make recommendations on matters referred to it by the Ccouncil relating to finance, budget, financial audits, capital planning and debt. (§2.04.210).

D. Council Appointed Officers (CAO) Committee
In addition to the Policy & Services and Finance Committees, which are described in the Municipal Code, Council the Mayor each year appoints members to two additional committees that have continuing subject matter jurisdiction and are not intended to be temporary: the Council Appointment Officers (CAO) Committee, and the City-Schools Liaison Committee.

E. City Schools Liaison Committee
The City-Schools Liaison Committee is composed of two Council members and two members of the Board of Education of the Palo Alto Unified School District. The committee’s purpose is to share information, collaborate, and coordinate on issues related to Palo Alto’s school-aged children and youth.
b
Packet Pg. 412
baa21 Late Packet
City Council Protocols and Procedures Handbook
9 CF . Ad Hoc Committees and Committee as aof the Whole Policy
The Council may create Ad Hoc Committees or the Committee of theas a Whole on a limited basis where necessary to study City business in greater depth than what is possible in the time allotted for Council and Standing Committee meetings.

Purpose
These rules are intended to clarify the distinctions between Standing and, Ad Hoc Committees, and the Committee as aof the Whole and to set up guidelines for creation of Ad Hoc Committees . and the Committee as a Whole.

General Requirements
Council Ad Hoc Committees and the Committee of theas a Whole shall be subject to the following procedural rules:

A. Definition of Ad Hoc Committee
An Ad Hoc Committee is a temporary advisory committee composed solely of less than a quorum of members of the Council or any Council Standing Committee. The work of an Ad Hoc Committee has a limited or single purpose. An Ad Hoc committee is not intended to be perpetual but rather to be dissolved in a finite period time, once its specific task is completed. By contrast, a Standing Committee has continuing subject matter jurisdiction over a variety of related topics.

B. Definition of Committee as a Whole [DELETION CONFIRMED BY P&S AT DEC. 13 DISCUSSION] A Committee of theas a Whole is a committee composed of the entire City Council. The group’s work of the Committee as a Whole is limited to a single finite purpose.

C.B. Brown Act
The Committee as a Whole is subject to the Brown Act. The procedural requirements of the Brown Act apply to all committees that have either : (a) continuing subject matter jurisdiction over a matter or group of related matters ; or (b) a regular meeting schedule set by Council action. All Standing Committees are Brown Act bodies . Ad hoc committees are generally not Brown Act bodies, provided that they are temporary bodies, formed for the purpose of addressing a limited or single purpose, include only members of Council, and do not have a regular meeting schedule set by Council action. When Council creates an Ad Hoc co mmittee that is not a Brown Act body, Council may , at its discretion, direct that the committee follow Brown Act procedures.

D.C. Creation and Appointment
The Mayor or the City Council may create an Ad Hoc Committee and appoint three or fewer members of the Council to serve. In contrast, only the Council and not the Mayor alone can create a Standing Committee ; the Mayor makes appointments to Standing and Ad Hoc Committees. The Mayor will publicly announce any Ad Hoc Committee created by her or him, its membersh ip and stated purpose and post this information on the City Council b
Packet Pg. 413
baa21 Late Packet
City Council Protocols and Procedures Handbook
10 website. The City M anager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee.

E.D. Duration
Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does not complete its task by the end of the calendar year, it shall not continue unless reappointed by the new Mayor in the following year.

F.E. Members
Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall not include any other persons, includingsuch as members of other legislative bodies.

G.F. Reporting [Updated to conform to current practice] Ad Hoc Committees shall report their recommendations to the Council no less thanin the timeframe directed by Council . Any Council Member may ask during COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS that an updated Ad Hoc Committee report be placed on an upcoming meeting agenda.

H.G. Termination of Ad Hoc Committee by Majority of Council A majority of the Council may vote to terminate any Ad Hoc Committee following placement of the issue on an agenda.

I.H. Conclusion
A public announcement shall be made any time the Ad Hoc Committee has concluded its work and/or upon dissolution.

1. 3. Respect the Work of the Council Standing Committees [UPDATED to reflect current practice] Council should respect the work of the Standing Committees, as their The purpose of the Council standing committees is to provide focused, in -depth discussion of issues to help inform and expedite Council business. Council should respect the work of the committees. If a matter is taken forward to the full Council for approval after receiving a unanimous vote at Committee, the item will be placed on th e Consent Calendar, unless otherwise recommended by the Committee, Mayor, City Attorney or City Manager if any of these entities believe the item is of significant public interest. * *
*
SECTION 2 - GENERAL PROCEDURES FOR CITY COUNCIL MEETINGS The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This purpose recognizes the value of establishing a community understanding of meeting procedures so that broad public participation is encouraged. This purpose also recognizes that Council mM embers must have a common approach to the discussion and debate of City business so that meetings are both streamlined and thorough.

These are guidelines, rather than rules. The Council intends that City staff and Council members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, b
Packet Pg. 414
baa21 Late Packet
City Council Protocols and Procedures Handbook
11 unfairness, or the promotion of form over subst an ce. State law establishes a variety of mandatory meeting rules the City must follow in order to assure open and public government, regardless of unusual situations and consequences. (See Cal. Govt Code section 54950.)

2.1. M
eeting Schedules, Agendas and Supporting Materials
A. M
eeting Schedules for Regular and Special Meetings
T
he City Council generally conducts two different kinds of meetings: Regular Meetings and Special Meetings.

The C
ouncil also schedules periodic special meetings, which are meetings on any day or time other than the regular meeting time. This may include meetings on the regularly -scheduled first three Mondays where the start tim e is 5 p.m. or earlier, or meetings on a fourth or fifth Monday, or meetings scheduled on any other day or time.

Special meetings are “special” because the Mayor or Council can call them on a minimum of 24 hours’ notice, or because they are held on a dif ferent day of the week, at a different time, or in a different location. The Mayor or Council may call a Special meeting on a minimum of 24 hours’ notice. Special meetings need not be held at City Hall, as long as the alternate location is within the City. The Council makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session.

BA. Posting of Agendas
Under the Brown Act, meeting agendas must be posted no later than the Friday72-hours prior to regular meetings and 24-hours prior to special meetings immediately preceding the meeting. It is City policy to make every effort to post the agenda on Thursday, 11eleven days prior to Monday meetings, whether regular or special. Agendas are posted in King Plaza by the elevators and are uploaded to the City Council web page.

CB. S upporting Reports and Materials (exist. Procedures 2.3.2) It is City policy to make every effort to provide supporting reports and materials at the time the agenda is posted. Typically, this will occur eleven11 days before the meeting. Materials that are not available at the time of agenda posting will be distributed as soon as feasible before the meeting.

Materials that are distributed to a majority of Council will be made available to the public at the same time, as required by law. Some materials, such as presentation materials or “supplemental memoranda (previously referred to as “at places” memoranda ) may be distributed to Council mMembers and the public at the meeting.

DC. La te Submittal of Correspondence or Other Information Related to Planning Applications In order to allow for adequate staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the b
Packet Pg. 415
baa21 Late Packet
City Council Protocols and Procedures Handbook
12 City Council must be submitted to staff not later than noon 5five working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted af ter this deadline to Council members or staff, and s taff determines additional review is needed, s taff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant, or receives other significant material related to the application from any source, he or she shall notify the City Clerk and the City Manager as soon as possible so that all relevant material can be entered into the official record and made available to all parties and the public . There are no restrictions on the rights of applicants or others to comment or respond to information contained within the Staff Report. At the meeting the City Council may determine whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project or significant new information become known.

Nothing in this statement is intended to restrict the rights of applicants or other interested parties to respond to information contained in or attached to athe Staff Report.

2.2. T
he Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted, including review of approximate time alloca tion of Staff Report presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings. Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard.

The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are invited and expected to attend the pre-Council meetings with the City Manager and other CAOs, and Department Managers. The Mayor and Vice Mayor’s role is to represent the interest of the entire Council.

2.3. At
tendance Procedures
A
. Attendance Required
Council mMembers, the City Clerk, City Attorney, and City Manager, along with any other cCity officers and department heads that have been requested to be present, shall take their regular stations in the Council cChambers at the start of every scheduled meeting . The Ppresiding Oofficer will ensure that each meeting will include at least one 10-minute break. The Council expects its members to attend regularly and notify the City Clerk of any planned absences. The Council may levy fines of up to $250.00 against Council members who willfully or negligently fail to attend meetings. (PAMC section 2.04.050.).

B. R
emote Attendance of Council Members at Council and Committee Meetings [UPDATED to comply with law]
Council members are strongly encouraged to attend meetings in person. State law allows Council members to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are described below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. b
Packet Pg. 416
baa21 Late Packet
City Council Protocols and Procedures Handbook
13 1) Number of Remote Appearances. Remote attendance shall be permitted not more than 3 five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for a Council committee). This includes remote attendance at meetings of Council and Council committees. AB 2449 rules still apply which state that no more than two meetings may be attended remotely for “just cause,” as described below.
2) General Procedures for Appearing Remotely. Council members must follow mandatory procedures set forth in State law. For convenience, these procedures are described below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. At any meeting where a Council member is attending remotely, the following requirements must be met:
i. In addition, aAt least a quorum of the Council must participate from a singular physical location within the City (Government Code Section 54953(b)(3)). ii. The agenda must identify and include an opportunity for the public to attend and directly address the council member through a call-in option, an internet-based service option, and in-person at the location of the meeting. iii. C ouncil members may not take action if there is an unresolved disruption to the meeting broadcast, to a remote council member’s audio or visual feed, or to the ability to take call-in or internet-based public comment.

If these two above threshold requirements are can be met, the Council member who will be appearing telephonically attending remotely must ensure they follow the procedures associated with either Standard Remote Attendance or AB 2449 Remote Attendance. must ensure that:
3) Standard Remote Attendance Procedures. A Council member attending remotely using these procedures must ensure that:
a. The meeting agenda identifies the teleconference remote attendance location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to thea regular meeting and 24 hours prior to a special meeting. b. The remote attendance teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. c. The remote attendance teleconference technology used is open and fully accessible to all members of the public, including those with disabilities. d. Members of the public who attend the meeting at the remote attendance teleconference location have the same opportunity to address the Council from th e b
Packet Pg. 417
baa21 Late Packet
City Council Protocols and Procedures Handbook
14 remote location that they would if they were present in Council C hambers. e. Th e remote attendance teleconference location must not require an admission fee or any payment for attendance.
e.f. If the meeting will include a closed session, the Council Member must also ensure that there is a private location available for that portion of the meeting. A private location means a closed room such that no other person can hear any portion of the closed session.

If the Council Member intending to follow the procedures of Standard Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting via teleconferenceremotely using Standard Remote Attendance procedures.

Standard Remote Attendance Guidelines: [UPDATED to comply with current practice] • Five days written notice in advance o f the publication of the agenda must be given by the Council member to the City Clerk’s office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to, if a hard copy is requested. • The Council member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mail ing the agenda to whatever address or fax number the Council member requests; however, it is the Council member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above. • Th
e Counc il Member must ensure that the location will be publicly accessible while the meeting is in progress.
• The Council Member must state at the beginning of the Council meeting that the posting requirement was met at the location and that the location is publi cly accessible and mus t
d
escribe the location.

AB 2449 Remote Attendance Procedures. A Council member attending remotely using these procedures must ensure that: [NEW SECTION TO REFLECT NEW LAW]
1 The Council member has either “ just cause ” or “emergency circumstances ” to do sothat require remote participation, pursuant toas required by AB 2449. 12 “Just cause” is defined as:
a. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance,
b. a contagious illness that prevents in-person attendance, c. a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or
b
Packet Pg. 418
baa21 Late Packet
City Council Protocols and Procedures Handbook
15 d. t ravel while on the business of a state or local agency. 23 Notice. A Council member with “ just cause” to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely and provide a general description of the circumstances.
34 The Council member is facing “ emergency circumstances ” that justify remote attendance and the Council or Council committee approves of their remote attendance pursuant to AB 2449. a. “Emergency circumstances” is defined as a physical or family medical emergency that prevents a Council member from attending the Council meeting in person. b. Notification and acceptance.
i. A Council member attending remotely due to “ emergency circumstances ” must notify the Council or Council committee and the City Clerk at the earliest possible opportunity.
ii. The Council or Council committee mus t request a general description of the circumstances relating to the council member’s need to appear remotely. The description does not need to have more than 20 words, and the cCouncil member does not have to disclose any personal medical information. iii. At the earliest opportunity available to it, the Council or Council committee maymust, by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body may must take action on the request at the beginning of the meeting by majority vote.
45 Disclosures. Council members attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual.
56 Technology. All technology necessary for to attend remotely m ust function at all times, which must include two-way, live audio and visual communication.

If the Council Mmember intending to follow the procedures of AB 2449 Remote Attendance determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures. b
Packet Pg. 419
baa21 Late Packet
City Council Protocols and Procedures Handbook
16 A
B 2449 Remote Attendance Guidelines:

At the start of the meeting, the Council member attending remotely may use the following language to identify under which provision they are attending remotely:

1. “… I must provide caregiving to [RELATION].”

2. “… a contagious illness prevents me from attending in person.”

3. “… I have a need related to a disability which could not be accommodated at this meeting.”

4. “… I am travelling while on official business of [STATE OR LOCAL AGENCY].” “In this room, I am accompanied by…

5. “…no one over the age of 18.”

2. 4. Colleagues Memos
Any two Council mMembers may bring forward a colleagues memo on any topic to be considered by the entire Council. A minimum of Ttwo Council members are required to place such a memo on the agenda, reflective of the Council procedure requiring a motion and a second for co nsideration of a motion by the Council. Up to three Council members may sign a colleague memo. To comply with the Brown Act, three is the maximum number Council members who may discuss or sign onto a colleagues memo . Prior to preparing a colleagues memo, C ouncil mMembers willshould consult with the City Manager to determine whether the City Manager is or is not able to address the issues as part of his/her their operational authority and within current budgeted resources.

Colleagues memos should have a section drafted by the City Manager that identifies any potential staffing or fiscal impacts of the contemplated action. This section will be drafted by the City Manager. Council members shall provide a copy of the proposed memo to the City Manager and City Attorney prior to finalization. Completed Council colleagues memos shallshould be provided to the City Manager, City Attorney and City Clerk ’s staff by noon on the Tuesday 11 days prior to the Council meeting that the memo is intended to be agendized, to prov ide time for the City Clerk to b
Packet Pg. 420
baa21 Late Packet
City Council Protocols and Procedures Handbook
17 process for the Council packet with as much advance notice as possible, to provide time for staff to prepare the resource impact section and prepare the memo for placement on the agenda.

The City Council will not take action on the night that a colleagues memo is introduced if it has any implications for staff resources or current work priorities which are not addressed in the memo. The Council will discuss the colleagues memo and refer it to a committee or direct the City Manager to agendize the matter for Council action, allowing City staff time to prepare a summary of staffing and resource impacts . Action may be taken immediately by the Council on colleagues memos where there are no resource or staffing implications , or where these implications are fully outlined in the colleagues memo. The Brown Act requires that the public be fully informed of the potential action by the Council when the agenda is published, and in no event less than at least 72 hours before a scheduled regular Council meeting. In order to satisfy the Brown Act requirements, the Council should consult with the City Attorney to ensure that the proposed title to the colleagues memo contains all actions that the Council mMembers want completed on the night of the Council review.

Existing Language
None
Proposed New Language (updated after Dec. 13 P&S meeting) Non-urgent Colleagues Memos that will not result in actions completed by the end of the year will not be accepted between the date of an election that includes election of new Council members and the swearing in of a new Council.
*
* *
S
ECTION 3 - CITY COUNCIL MEETING ORDER OF THE AGENDA (exist. Procedures 2.4) City Council agendas will be prepared by the City Clerk and presented to the City Coun cil in the order described below, except as determined otherwise by the Mayor in consultation with the City Manager . In setting the agenda, the typical order of agenda items is as shown below but the ordering can be changed in the agenda-setting process if needed.It is the Council’s policy to hear the major items of business first at each meeting, to the extentpossible. The City Manager, with prior approval of the Mayor, is authorized to designate upon the agenda of the Council items that shall be taken up first or at a specific time during the course of the meeting. (PAMC section 2.04.070.) The City Council may take matters up out of order upon approval by a majority vote of those present:
a. Ca
ll to Order
b. Special Orders of the Day
c. Study Session and/or Closed Session
d. Agenda Changes, Additions and Deletions
e. Oral CommunicationsGeneral Public Comment
f. Approval of Minutes
g.f. Consent CalendarAgenda
Items may be placed upon the consent calendar by any council-appointed officer whenever, in such officer's judgment, such items are expected to be routinely approved without discussion or b
Packet Pg. 421
baa21 Late Packet
City Council Protocols and Procedures Handbook
18 debate. C ouncil Minutes are approved on Consent. The consent calendar shall be voted upon as one item.
h.g. City Manager Comments
i.h. Action Items
j. Inter-Governmental Legislative Affairs
k.i. Council Member Questions, Comments and Announcements l.j. Adjournment
Items Considered After 10:30 p.m.

The City Council makes every effort to end its meetings before 11:00 p.m. With that goal in mind, Tthe Council also generally does not take upstart discussion of new matters after 10:30 p.m. Before 10:00 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 p.m. and, if so, which specific items will be taken up.

3.1. C
all to Order

The Council mustwill make a public report after the session when certain kinds of actions are takenwhere required by State law.

A
. Closed Session Requirements
1) Announcements Before Closed Sessions
The Mayor/City Clerk shall announce the item or items to be considered in closed session by reference to the appropriate agenda number or letter, or in an alternate form that shall be provided by the City Attorney.
2) Public Comments
Members of the public are permitted to make public comments on closed session matters. The City Clerk shall be present in the open session to record Council attendance and any statements made during oral communicationsby the public or by the Council. 3) Vote to Go Into Closed Session
The Council shall vote to go into closed session.
4) Attendance
The City Manager and City Attorney, or their designees, shall attend closed sessions u
nless it is necessary to excuse them. Only such a aAdditional staff shall attend as are necessary and then only if the legal privileges of confidentiality obtained in an executive session are maintainednot waived.
5) Public Reports
State Law and a Palo Alto initiative require the Council to make a public report after a closed b
Packet Pg. 422
baa21 Late Packet
City Council Protocols and Procedures Handbook
19 session when certain kinds of actions are taken. (PAMC section 2.04.030.). Reports from closed sessions shall be made by the Mayor, the Vice Mayor in the Mayor's absence, or such other City representative as designated by the Council. Such designated person is the only individual authorized to make public statements concerning the closed session.

It is the policy of the City Council to inform the public of action taken in closed session to the greatest extent possible. It is recognized, however, that the need for confidentiality is inherent in closed sessions and that certain matters if revealed may be a detriment to the results desired. The Council shall publicly report:
(a) an y decision to appoint, employ, or dismiss a public employee and the roll call vote thereon at its next public meeting,
(b) actions related to litigation and the roll call vote on such actions, unless the report would, in the written opinion of the City Attorney for specifically stated reasons, clearly jeopardize the City’s ability to effectuate service of process on one or more unserved parties or impair the City’s ability to resolve the matter through negotiation, mediation or other form of settlement. Notwithstanding the City Attorney's written opinion, the Council may under any circumstance, by majority vote, determine that it is in the City's best interests to disclose actions taken in closed session related to litigation. The public report shall be given as soon as possible, but no later than the next regular meeting, and shall include the vote or abstention of every member present. The City Attorney’s written opinion shall be made public, along with any action taken and any vote thereon, as soon as any litigation is concluded. The City Attorney shall record any action and vote upon such forms as the City Attorney may deem desirable.
6) No Minutes
No minutes of closed sessions shall be kept. The City Attorney shall record the information necessary to comply with State law and Municipal Code section 2.04.030. and the Palo Alto initiative.
7) Confidentiality
No person in attendance at a closed session may disclose the substance or effect of any matter discussed during the session . (PAMC section 2.04.040.), except to the extent authorized by a majority vote of Council or as required by a court.

3.3. Study Sessions
Study Sessions are meetingsagenda items during which the Council receives information about City business in an informal setting. Study sessions are intended to be discussion items only. The informal study session setting is intended to encourage in-depth discussion and detailed questioning and brainstorming by Council on issues of significant interest, including City policy matters, zoning applications, and major public works projects. The Council may discuss the material freely without following formal rules of parliamentary procedure. Staff may be directed to bring matters back for future Council consideration as no action can be taken at a study session.

The Decorum rules still apply to the behavior of the Council and public. b
Packet Pg. 423
baa21 Late Packet
City Council Protocols and Procedures Handbook
20 A
. Study Session Procedures
1) Time
Special study sessions will be held as needed.
2) No Formal RulesTopics and Process
Study sessions are intended to be conducive to in-depth factual presentations by City staff and detailed questioning and brainstorming by Council on issues of significant interest .

The Council may discuss the material freely without following formal rules of parliamentary procedure, and the Mayor shall have discretion to determine th e a
ppropriate process for conducting the study session, including when public comment and oral communications will be heard.
3) Public Participation (updated after Dec 13 P&S Discussion) Members of the public are allowed to make public comments on study session matters asat the time directed by the presiding officer. The general rules of decorum apply. 4) No Final Action Taken
Staff may be directed to bring matters back for Council consideration at future meetings, as no action can be taken.

3.4. Special Orders of the Day

3.5. Agenda Changes, Additions, and Deletions
A. When the Council is unable to complete its agenda, t he remaining business will generally be rescheduled as follows. (Nnothing in this section shall be deemed to supersede or conflict with state law).:
1) I
tems Rescheduled to a Date Uncertain
When Council reschedules an item to a date uncertain, the City Manager, Clerk and Mayor shall confer on an appropriate date to reschedule the item. 2) It
ems Rescheduled to a Date Certain
Council may reschedule an item to a specific future Council meeting.

B
. Adding New Items to the Agenda
No matters other than those Only matters on the agenda shall be taken up finally acted upon by the Council, except in cases of emergency, as defined by State law. However, emergency actions (as defined in Government Code section 54956.5) and matters upon which there is a lawful need to take immediate action (as defined in Government Code section 54954.2) may, with the consent of two-thirds, or all members present if less than two-thirds are present, be considered and acted upon by the Council.

3.6. Oral CommunicationsGeneral Public Comment (see Section 5 on Public Participation for more de tails about “General Public Comment”)
b
Packet Pg. 424
baa21 Late Packet
City Council Protocols and Procedures Handbook
21 3.7.

Consent Agenda
The Consent calendar Agenda portion is the section where items not anticipated to require discussion can be presented and acted upon efficiently by Council. This generally includes administrative items; implementation of policies and programs previously approved by Council, including contracts; and other routine or non- controversial items shall be presented. The Mayor and City Manager should be sensitive to high dollar value itemscontracts and consider placing those items in the action agenda section. The consent section may include:

A. O
rdinances and Resolutions
The following ordinances and resolutions may appear on a consent calendar:
• S
econd Reading (passage and adoption) of Ordinances.
• Resolutions that are ceremonial in nature.
• Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans) ;, the Council Priorities, and other similar sources.
• Budget amendments that accept funding such as grants or gifts, provided Council has previously approved the activity or program.
• Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. • Clerical amendments to local laws.
• Conforming amendments to local laws that are required by State law, except items of significant public interest.

B. A dministrative Matters Including Contracts, Appointments, Approval of Applications, and Any Other Matter
A n administrative matter may be placed on the consent calendar if it is:
1 An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the Staff Report accompanying the item. 2 Contracts for which the subject or scope of work has been previously reviewed by the City Council.
3 A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include: routine maintenance contracts, annual audit agreements; software and hardware support agreements, janitorial services, and copier agreements or postage machine agreements. 4 Rejection of bids.
54 Designation of heritage trees.
65 Designation of historic building at the request of the property owner if there are no unusual policy ramifications.
76 Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity.
7 Formal initiation, for consideration at a later date, of a zoning code amendment or review b
Packet Pg. 425
baa21 Late Packet
City Council Protocols and Procedures Handbook
22 process, such as preliminary review.Items identified in the Municipal Code for placement on Consent. This includes, for example, certain appeals of determinations of the Director Planning and Development Services.
8 Approval of minutes.
9 Status report required by law for fee administration. 9 Cancellation of meetings or scheduling of special meeting. 10 Referral of an item to a Standing Committee, Committee, Board, Commission, or Council Appointed Officer.
11 Other similar matters as determined by the City Manager, in consultation with the Mayor.

2. Request to Refer Items to Any Council Standing Committee, Committee, Board, Commission or Council Appointed Officer
The consent calendar includes matters for which staff is merely seeking Council approval of a referral to a Council standing committee or other City official, advisory board or commission. This does not preclude staff fromStaff are permitted to makeing referrals to the standing committees. Staff uses such referrals in order to expedite the business of the full Council, since its agenda is so full. Discussion of a complex issue by another body, provides an opportunity for public input and extended discussion by the members of the body. The full Council is then able to benefit from the minutes of that discussion when the item comes back to the Council for final approval. This practice also allows the City/School Liaison Committee to consider items of interest to both agencies without having to go through the formality of a Council agenda referral.

C. I tems Unanimously Recommended for Approval by a Council Committee or Council- Appointed Board or Commission, Unless Otherwise Recommended by the Committee/Commission, Mayor, City Attorney or City Manager Items recommended unanimously for Aapproval by any Council committees and Council- Aappointed Bboards and Ccommissions are generally placed on Consent, except Provided that Other Public Hearing Requirements are Not in Effect or Aas otherwise recommended by the Committee, Board or Commission, or the Mayor, City Manager or City Attorney, or as required by law.

3.2. Public Comment on Consent Agenda
Members of the public wishing to speak to items on the Consent Calendar shall be permitted to speak prior to Council Member requests to remove an item or the vote to adopt the Consent Calendar.

4.3. No Discussion or Debate; Voting; Recusals; Council Speaking to a No Vote While No There shall not be discussion or debate on any item on the Consent agenda. there is no Council discussion or debate shall be permitted uponon items upon the Consent Agenda,; however, a
A Council member who needs to recuse themself from a Consent item shall inform the Mayor and make any public disclosure that is required. The Clerk shall record the recusal on the item. b
Packet Pg. 426
baa21 Late Packet
City Council Protocols and Procedures Handbook
23 Any Council Mmember may request that his or her vote be recorded as a "no" on any item or items on the Consent agenda. Any Consent item not receiving the number of “yes” votes required for the item is not approved. or "not participating" due to a specified conflict of interest on any individual item.

Council mMembers may also explain their "no" votes at the end of the Consent AgendaCalendar, with a 3- minutes time limitpermitted for non-appeal items and 5 minutes for appeal items for each Council mMember. Council mMembers may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements.

5.4. Council Requests to Remove Items from Consent Agenda Three Council mMembers may request that an item be removed from the consent calendaragenda following public comment on the CcConsent aAgenda. The City Manager’s office should be advised whenever possible, in writing, of a request for removal no later than noon the Sunday before the meeting.

Council members who intend to request to remove an item should inform the City Manager’s office no later than noon the Sunday before the meeting. This is so that the Manager can assess the operational impacts of rescheduling a removed item to a later agenda and, if appropriate, can arrange for appropriate staff to attend Council to support consideration of the item.

3.8. City Manager Comments

3.9. Action Items

3.10. Council Member Questions, Comments, and Announcements (including reports on Boards, Commissions, and Committees)
The purpose of this agenda item is to allow Council to question staff briefly ask staff about on matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. If more than brief statements are desired, the item shall be agendized for a future meeting in the manner otherwise provided by these Procedures, such as by the City Manager or through a Colleagues Memo. Major Ppolicy issues and Nnew assignments will not be given nor will major policy issues be discussed or considered in this item. To the extent possible, Council will confer with staff before raising matters under this agenda item. This agenda item will generally be limited toCouncil Member Questions, Comments, and Announcements will generally last Uup to 15 minutes in length and the public may not comment.speak to matters discussed;
b
Packet Pg. 427
baa21 Late Packet
City Council Protocols and Procedures Handbook
24 3.11.

Adjournment
*
* *
SECTION 4 - PROCEDURES AT CITY COUNCIL MEETINGS

4.1 Council Motion and Voting Processes throughout the Agenda (exist. Procedures 2.4 U and V) A. Mot
ions, Debate & Voting
Policy and Summary of Rules
It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting as an alternative procedure to Robert’s Rules of Order. These rules focus on the types of motions the Council can debatemake and when those motions are properly used. See the Summary Table below.

P
urpose
The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business in order to create open respectful discussion and fair results that serve the public interest. These rules shall not be applied or used to create strategic advantage or unjust results.

Summary of Rules
Palo Alto uses an alternative procedure to does not follow Robert’ss Rules of Order. See the Summary Table below.

B. M
otions
A motion is a formal proposal by a Council Mmember asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Matters returning to the Council with unanimous approval from a standing committee will be introduced without a motion if directed by the committee. Motions may be provided to the City Clerk in advance of the City Council meeting so that the Clerk can efficiently post the motion on the screen for the convenience of the community and Council members.

4.2 Mo
tion Procedures
A. Main Motion Pr ocedures:
1) Get the Floor
A Council mMember must receive the permission of the Mayor (or other presiding officer) before making a motion.
2) State the Motion
b
Packet Pg. 428
baa21 Late Packet
City Council Protocols and Procedures Handbook
25 A motion is made by a Council mMember (the “maker”) stating his or her proposal. Longer proposals can be written and may be in the form of a resolution. 3) Second Required
Any other Council mMember (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may “second” the motion without first being recognized. A motion to raise a question of personal privilege does not require a second. 4) Motion TranscribedRestated
The Mayor should restate the motion for the record, particularly if it is long or complex. The Clerk shall transcribe the motion so that Council members, the public and staff can read it. 5) Lack of a Second
If there is no second stated immediately, the Mayor should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered. 6) Discussion
The maker shall be the first Council Mmember recognized to speak on the motion if it receives a second. The seconder shall be the second Council member to speak on the motion. Generally Council mMembers will speak only once with respect to a motion. If the Mayor or Council permits any Council Mmember to speak more than once on a motion, all Council mMembers shall receive the same privilege.
7) Secondary Motions
Secondary motions may be made by a Council Mmember upon getting the floor. 8) Action
After discussion is complete the Council will vote on the motion under consideration.

B. S
econdary Motion Procedures
Only oneWhen a main motion may be entertained by Council at a time. is before the Council, no new main motion shall be entertained. The Council recognizes the following secondary motions which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list:

The
purpose of the allowed secondary motions is summarized in the following text and table. 1) Fix the time to which to adjourn
This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. 2) Adjourn
This motion ends the meeti ng or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening b
Packet Pg. 429
baa21 Late Packet
City Council Protocols and Procedures Handbook
26 business or d iscussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. 3) Take a recess
This motion interrupts the meeting temporarily. It is amendable but is not debatable. 4) Raise a question of personal privilege
This motion allows a Council Member to address the Council on a question of personal privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. 5) Lay on the table
This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter must be reagendized in the future if further consideration is to be given to the matter. 6) Previous question
This motion “calls the question” by closing debate on the pending motion. A motion for previous question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two -thirds vote of those Council mMembers present and voting.
7) Limit or extend debate
This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two -thirds vote of those Council mMembers present and voting.
8) Continue to a certain time
This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. 9) Refer to a city agency, body, committee, board, commission or officer This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to Council, at which time subject is fully debated. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. 10) Amend or substitute
This motion changes or reverses the main motion. It requires a second, is amendable, and is debatable only when the motion to which it applies is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment b
Packet Pg. 430
baa21 Late Packet
City Council Protocols and Procedures Handbook
27 modifying a m otion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely.

C. M
otion Process Reference Chart
Motion Description 2nd
Required
Debatable Amendable 2/3 Vote
Fix the time to
which to adjourn Sets a next date and time for
continuation of the meeting
XYES Only as to time to which
the meeting is adjourned XYES
NO
Adjo
urn
Sets time to adjourn. Not in order if (a)
repeated without intervening business
(b) made as an interruption of a
member while speaking; (c) the
previous question has been ordered;
and (d) while a vote is being taken
XYES
Only to set the time to
which the meeting is
adjourned NO
NO
Take a recess Purpose is to interrupt the meeting XYES NO XYES NO Raise a question of
privilege
Allows member to address Council on a
question of personal privilege limited to
Council welfare or cases where a
member’s personal integrity, character,
or motives are questioned.

NO NO NO NO
Lay on the table Interrupts business for more urgent
business

XYES NO NO NO
Previous question
(close debate or
“call the question”)
Closes debate on pending motion XYES
NO NO
XYES
Limit or extend
limits of debate Purpose is to limit or extend debate XYES NO XYES XYES Motion to continue
to a certain time Continues the matter to another,
specified time

XYES XYES XYES NO
Refer to committee
Sends subject to another city agency,
body, committee, board, commission or
officer for further study and report back
to council, at which time subject is fully
debated
XYES
Only as to propriety of
referring, not substance
of referral
XYES
NO
Amend or substitute
Modifies (or reverses course of)
proposed action. Cannot raise
independent question. Can amend an
amendment, but no further
XYES Only if underlying motion is
debatable XYES
NO
Motion to
Reconsider
Motion that can be made only during the
meeting or adjourned meeting thereofin
which the action was taken

YES YES NO NO
b
Packet Pg. 431
baa21 Late Packet
City Council Protocols and Procedures Handbook
28 4.3. Voting and Debate of Agenda Items

1. Presiding officer to state review motion
The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer and the maker of the motion may restate the motion or may direct should work with the City Clerk to restateclarify the motion before allowing debate to begin. The presiding officer shall restatemay review the motion or direct the City Clerk to restate the motion prior to voting.

2. P
residing officer may debate and vote
The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council mMembers. The presiding officer shall not be deprived of any of the rights and privileges of a Council Mmember.

4. Withdrawal of motion
A motion may onlynot be withdrawn by the maker without the consent of the Council Member seconding it.

5. Ch
ange of vote
Council mMembers may change their votes before the next item on the agenda is called.

7. Silence constitutes affirmative vote
Council mMembers who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Council mMembers have stated in advance that they will not be voting.

8.7. Failure to vote
It is the responsibility of every Council mMember to vote unless the member is recusedunless disqualified for cause accepted by the Council or by opinion of the City Attorney. No Council mMember can be compelled to vote.

9.8. Abstaining from vote [UPDATED to factor in key info from Item G above] Council mMembers should only abstain if they are not sufficiently informed about an item, b
Packet Pg. 432
baa21 Late Packet
City Council Protocols and Procedures Handbook
29 e.g. when there was a prior hearingmeeting on the topic and they were unable to view the prior meeting before the current meeting. In the event of an abstention, or silence during a vote, the abstainer in effect, "consents" that a majority of the quorum of the Council mMembers present may act for him or her.

10.9. Not participating [UPDATED to comply with current law] A Council member who is recused from an item due to a conflict of interest, common law bias, or other legal prohibition shall make disclosures required by law, leave the dais if required, and not participate in any way in the discussion or determination of the item. A Council member may otherwise disqualify themself to avoid an appearance of impropriety.

11.10. Tie votes
Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Council voting ayeyes or nayno during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter to another date. To the extent allowed by law, it is the Council’s intention that Aany continuance hereunder shall suspend the running of any time in which action of the City Council is required by law. Nothing herein shall be construed to prevent any Council member from recommending the agendizing of a matter that resulted in a tie vote for a subsequent meeting.

12.11. Motion to reconsider
A motion to reconsider any action taken by the Council may be made only during the meeting or adjourned meeting thereof when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing side of an issue but may be seconded by any Council member. A motion to reconsider may be made at any time and shall have precedence over all other motions, or while a Council member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered.

Reconsideration may not be moved more thanonly once on the same motion. However, Nothing herein shall be construed to prevent anya Council Mmember mayfrom makeing a motion to rescind such action at a subsequent meeting of the Council, provided an appropriate item is on the published agenda.

13.12. Appeal from the decision of presiding officer
When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Council Mmember. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the decision or ruling of the presiding officer is reversed.

14.13. Getting the floor; improper references to be avoided Every Council Mmember desiring to speak shall address the chair presiding officer and, upon recognition by the presiding officer, every Council Mmember shall be confined to the question under debate, avoiding all indecorous language and personal attacks. b
Packet Pg. 433
baa21 Late Packet
City Council Protocols and Procedures Handbook
30 15.14. Interruptions
Except for being called to order, a Council Mmember once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Council Mmember called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Council Mmember shall be permitted to proceed.

15. Council Member Speaking Time
The presiding officer shall give each Council member up to 5 minutes to speak in each round of discussion during discussions on Council items where discussion takes place. The Council shall follow the speaking times set by the presiding officer and the presiding officer or Vice Mayor shall enforce the speaking time set.

4.4 Q
uasi-Judicial Matters
A. Quasi-Judicial/Planned Community Matters
It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve consideration of an application a single parcel of land to develop real property. The City, including Council and associated Boards and Commissions, and apply reaches a determination by applying standards and requirements in existing law to the facts and evidence submitted in the hearing in the context of existing law. Findings must be stated to explain the evidentiary basis for the Council’s final decision.

Ge
neral Requirements
For purposes of this Section IV, a Quasi-Judicial Project subject to these rules is a formulated plan to go forward with a particular project or development. i. Quasi-Judicial Proceedings Defined
Quasi-judicial proceedings subject to these procedural rules include hearings involving the following matters:
a. Conditional Use Permits
b. Variances
c. Home Improvement Exceptions
d. Design Enhancement Exceptions
e. Subdivisions, other than final map approvals
f. Architectural Review
g. Assessment Pr otest Hearings
h.g. Other Matters as Determined by the City Attorney
i. Appeals related to any of the above
b
Packet Pg. 434
baa21 Late Packet
City Council Protocols and Procedures Handbook
31 j. Environmental Review relating to any of the above ii. Restrictions on Council Communications Outside of Quasi-Judicial Hearings It is the policy of the Council to discourage the gathering and submission of information by Council mMembers outside of any noticed public meeting, prior to final recommendations by the Architectural Review Board or Planning & Transportation Commission. The following procedural guidelines are intended to implement this policy but shall not be construed to create any remedy or right of action.
iii. Identification of Quasi-Judicial Matters
The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial decisionsmatters on both the tentative and regular Council agendas. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the itemmatter. iv. Council to Track Contacts
Council mMembers will use their best efforts toshould track contacts with any person or entity pertaining to such identified quasi-judicial/planned community decision items matters.

Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member.
v. Disclosure
When the itemmatter is presentedagendized to theat Council for hearing, Council mMembers will disclose any contacts which have significantly influenced their preliminary views or opinions about the item. The disclosure may be oral or written and should explain the substance of the contact so that the project applicant, other Council mMembers, interested parties, and the public will have an opportunity to become apprisedlearn of the factors influencing the Council's decision and to attempt to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Member from participation in a quasi-judicial/planned community decision matter unless the Council Member, in consultation with the City Attorney, determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item. vi. No Contacts after Hearings
Following closure of thea quasi-judicial hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff.
vii. Written Findings Required
On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed b
Packet Pg. 435
baa21 Late Packet
City Council Protocols and Procedures Handbook
32 findings mu st include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated.
viii. Rules of Evidence
Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council.
ix. Burden of Proof
The applicant and appellant shall bear the burden of proof on all aspects of the action or relief they seek. The person with the burden of proof must offer evidence to th e Council to support his or her position.
x.ix. Council Members Who are Absent During Part of a Hearing A Council Mmember who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched or listened to athe video or radio broadcast, or video or audio recording, of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent. andCouncil members who were absent should states for the record that they have reviewed the proceedings and materials. before voting that the Council M member deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as he or she would have been had he or she personally attended the entire hearing. xi. Appeals
Appeals to the Council shall be conducted de novo , meaning that new evidence and arguments may be presented and considered. All matters in the record before any other City board, commission or official shall be part of the record before the Council.

B. Presenting at Quasi-Judicial / Planned Community Hearings In the case of a quasi-judicial hearing, single applicants and appellants shall be given 10ten minutes for their opening presentation and 3three minutes for rebuttal before the hearing is closed. In the case of a quasi-judicial hearing for which there are two or more appellants, the time allowed for presentation and rebuttal shall be divided among all appellants, and the total time allowed for all a
ppellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, under no circumstances shall aneach individual appellant shall be given a minimum ofless than 5five minutes for presentation and three3 minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the Presiding Officer shall independently, or may upon advice of the City Attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant. b
Packet Pg. 436
baa21 Late Packet
City Council Protocols and Procedures Handbook
33 C. S
ubmittal of Materials Directly to Council
If Council receives planning application materials related to agenda item matters they willshould notify the City Clerk and the City Manager as soon as possible so that the materials can be placed in the official record and distributed to all Council members , parties to the proceeding, staff and the public.
*
* *
SECTION 5 - HOW THE PUBLIC ENGAGES WITH THE CITY COUNCIL

5.1. Public Participation During City Council Meetings [UPDATED to reduce duplicate info] PolicyOverview
The Council welcomes members of the public to participate in meetings through public comment opportunities. It is the policy of the City Council to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. These rules establish the rights and obligations of persons who wish to speak during City Council meetings. These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for Palo Alto. Palo Alto has a long and proud tradition of open government and civil, intelligent public discourse. Open government meetings must allow everyone to be heard without fear of cheers or jeers. For these reasons, the Council takes these rules seriously. Disruptive or unruly behavior in violation of the law can result in removal from the Council meeting and/or arrest and prosecution.

A. Access to Meetings
In-Person and Remote Participa tion. Council meetings are available in person in the Council Chambers and through an online meeting platfor m. Members of the public are welcome to attend the meeting in person or to join the online meeting platform.

Translators: Speakers may bring a translator as needed and will be allotted additional time, as appropriate.

ADA Access. Palo Alto makes every reasonable effort to accommodate the needs of the disabled consistent with law. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: the City Clerk, City of Palo Alto, 650 - 329-2571 (voice) or email at [email protected]@cityofpaloalto.org.

A.B. Summary of Rules for Public Participation
Every regular Council agenda has two different kinds of opportunities for the public to speak. The first is during Oral CommunicationsGeneral Public Comment. The second is during the public comment or public hearing portion of each agenda item.

General Public Comment. This part of the meeting is provided so that the public can speak to anythingany subject that is in the Council’s jurisdiction, when there is no item listed on the agenda on that topic. The Council limits the total time to up to 30 minutes per meeting for General Public Comment. State law does not permit the Council to act on or discuss an item raised at that meeting in oral communicationsGeneral Public Comment, and Council members shall not enter b
Packet Pg. 437
baa21 Late Packet
City Council Protocols and Procedures Handbook
34 into debate with speakers, but Council members may ask brief clarifying questions and may ask City staff to follow up on any concerns that are raised.

Public comment or public hearing portion of each agenda Item. The Brown Act requires the opportunity for public comment on all listed agenda items, except ceremonial items, procedural items (Agenda Changes and Deletions) and brief announcements (City Manager Comments and Council Member Questions, Comments and Announcements). Public comments or testimony must be related to the matter under consideration.

B.C. Time Limits (updated after Dec. 13 P&S discussion) Individual Speakers. The presiding officer will announce the time that each speaker may use. The Council generally allows 3 minutes per speaker but a shorter time may be designated when there are many speakers or items on the agenda (Ffor example, if there are fewer than 10 speakers, the speakers would usually get 3 minutes to speak. If there are more than 10 speakers, then the presiding officer may choose to reduce the time for each speaker).

Spokesperson for a Group. When a group of people wishes to address the Council on the same subject matter, they may designate a spokesperson to address the Council. Spokespersons are subject to the same time limits as other speakers, except that spokespersons who are representing a group of five or more people who have requested to speak and are verified as present in the Council cChambers or online will be allowed 10 minutes and will, to the extent practical, be called upon ahead of individual speakers. If the presiding officer reduces the speaking time for individual speakers, the total speaking time for a spokesperson will also be reduced as determined by the presiding officer.

C.D. Gaining Permission to Speak
Any person who wants to speak tmake a spoken public comment on an item on the Council agenda can do so if they are attending either in person or virtually. If attending in person, members of the public o the Council should fill out a speaker card and hand it in to the City Clerk prior to the end of the staff presentation . Speakers are not required to provide a name or address.Members of the public participating virtually should use the “raise hand” function in the zoom online meeting platform, or if participating via phone, hit *9 to notify the Clerk that you they wish to speak. The Clerk will provide the names of the speakers to the Mayor or Vice Mayor so that the speakers can be identified and organized in an orderly way.

D.E. Public Decorum During Meeting
The presiding officer at Council meetings (usually the Mayor or Vice-Mayor) is authorized and required to “preserve strict order and decorum.” (PAMC section 2.04.080(b).) This is important in order to assure a fair opportunity for everyone to participate in an open and civil setting. a) Any person desiring to address the Council must first get the permission of the Presiding Officer by completing a speaker card and handing the card to the City Clerk. b) The Presiding Officer shall recognize any person who has given a completed card to the City Clerk, subject to limitations on the time for public participation described in these Procedures.
b
Packet Pg. 438
baa21 Late Packet
City Council Protocols and Procedures Handbook
35 a) No person, other than a Council Mmember and the person having the floor, shall be permitted to enter into any discussionspeak without the permission of the Pp residing Oofficer.
b) All remarks should be addressed to the Council as a body and not to any individu al member or staff person.
c) No person, besides staff or the Council, shall enter the staff area of the Council dais without the permission of the Ppresiding Oofficer or appropriate Council Appointed Officer. d) Decorum The Palo Alto Municipal Code makes it unlawful for any person to: (1) Disrupt the conduct of a meeting; (2) Make threats against any person or against public order and security while in the Council C hambers; (3) Use the Council Chambers during meetings for any purpose other than participation in or observation of City Co uncil Meetings.

F.G. End of Public Comment After a Council Motion
Following the time for public input and once the matter is returned to the Council no person shall address the Council without first securing the permission of the presiding officer to do so, subject to approval of the City Attorney with respect to any hearing required by law. * * *
SECTION 6 - CITY COUNCIL QUESTIONS ON AGENDA-RELATED ITEMS In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items (i.e., items on the tentative agenda or in a Council Committee). The Council adopted protocols provide a framework for the policy on e-mail communications between Council members and staff on agenda-related items, including the following:
b
Packet Pg. 439
baa21 Late Packet
City Council Protocols and Procedures Handbook
36 6.1.

Submit Questions on Council Agenda Items Ahead of the Meeting In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council members are encouraged to submit their questions on agenda items to the appropriate Council Appointed Officer or City Manager by 5:00 p.m. the Wednesday prior to the meeting so staff can be prepared to respond before or at the Council meeting. More detailed procedures relating to agenda questions can be found in the addendum to these protocols titled “Policy and Procedures for Council E-mails for Agenda Related Items.”

6.2. City Council emails for Agenda-Related Items Policy (exist. Protocol 6.1; highlighted for Committee review)
In its settlement agreement with the San Jose Mercury News of February 2003, the City Council agreed to consider a policy under which the Council w ould waive any deliberative or other privilege, other than attorney -client privilege, that it might assert with regards to e-mails on agendized items.

This policy and procedure implements that agreement. The Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Brown Act.

6.23. City Council emails for Agenda-Related Items Procedure (exist. Protocol 6.1) • Council mMembers should direct any questions on staff re ports and agenda items only to the City Manager or designee. Questions on reports from the City Auditor, City Attorney, or City Clerk should be directed to the appropriate Council Appointed Officer. Council • Council mMembers should submit questions on agenda items no later than 5 :00 p.m. on the Wednesday prior to the Council meeting at which the item will be discussed. Staff will make best reasonable efforts to post written responses to timely -submitted questions by Thursday 5:00 p.m. Any questions receiv ed after 5:00 p.m. on the Wednesday before the meeting may be responded to via e- mail, or alternatively, will be responded to at the Council meeting.
• Staff will not engage in “dialogues” with individual Council members regarding questions ; however,, i.e. follow-up questions to initia l questions will be responded to at the Council meeting.
• Staff will give highest priority to responding prior to the Council meeting via e-mail only on items on the Consent AgendaCalendar. Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the meeting, although Staff welcomes such questions in advance of the meeting in order to prepare for the Council and public discussion. Technical and clarifying questions on non -Consent Calendar items will be responded to as time permits.
b
Packet Pg. 440
baa21 Late Packet
City Council Protocols and Procedures Handbook
37 • If the Sstaff will be responding to a Council mMembers Consent AgendaCalendar question at the meeting rather responding to the question via e-mail, Staff will inform the Counc il mMe
mber as early as possible after receipt of the question(s). • Questions and all staff-prepared responses will be forwarded to all Council members as well as post put up on the special web page created online for public review of Council agenda questions and staff responses. Staff will include the name of the Council member posing the q
uestions in the “subject” field of the e-mail response. • Written cCopies of all Council member agenda questions and staff responses will be emailed to the at Council places at p the meeting; ad ditionally copies will be made available in the Council Chambers for members of the public. a nd posted publicly on the meeting agenda. If staff responses are not released until the meeting date, they will be provided in printed form at the dais.
*
* *
SECTION 7 – ANNUAL COUNCIL PRIORITY SETTING GUIDELINES
New Language: Annual Council Priority Setting Guidelines (New Language in strikethrough or brackets [ ])
The following language is from the City Council Priority Setting Guidelines” document adopted by the City Council on October 1, 2012.

Priorities Background and Definition:

The City Council adopted its first Council priorities in 1986. Each year the City Council reviews it’s priorities at its Annual Council Retreat. On October 1, 2012 the City Council formally adopted the definition of a Council priority, and the Council’s process and guidelines for selection of priorities.

A Council priority is defined as a topic that will receive particular, unusual and significant attention during the year. [This varies from a Council value which is defined as an enduring goal and intention to guide the work of the City Council. The values allow the City Council to maintain these enduring intentions while also selecting annual priorities that reflect shorter-term projects and goals. The City Council Values are listed below.]
Purpose
The establishment of Council priorities will assist the Council and staff to better allot and utilize time for discussion and decision making.

Process
Three months iIn advance of the annual Council Retreat, staff will solicit input from the City Council on the priorities to be reviewed and considered for the following year. • Council members may submit up to three priorities.
b
Packet Pg. 441
baa21 Late Packet
City Council Protocols and Procedures Handbook
38 • Priorities should be submitted no later than December 1. • As applicable, the City Manager will contact newly elected officials for their input by December 1.

T he City Clerk will provide timely notice to the public to submit proposed priorities by December 1. The City Manager and the City Clerk will solicit for the public to share proposed priorities prior to the Council retreat. The Policy and Services Committee shall recommend to the Council which suggestions if any shall be considered at the City Council retreat.
5) Staff will collect and organize the recommended priorities into a list for Council consideration, and provide to Council no less than two weeks in advance of the retreat [in the packet for the City Council retreat].
6) If needed, the] Policy and Services Committee, each year at its December meeting, shall make recommendations about the process that will be used at the Annual Retreat paying particular attention to the number of priorities suggested by Council members. The recommended process is to be forwarded to Council for adoption in advance of the Council retreat.

Guidelines for Selection of Priorities

1. There is a goal of no more than three priorities per year.

2. Priorities generally have a three- year time limit.

In November 2022, the Council adopted a set of values as described here:

The Palo Alto City Council has universally shared values that help guide our decisions and the work we do. These values include:

1. We will make decisions that balance revenues and expenses, now and in the future.

2. We will make decisions that are environmentally sustainable, now and in the future.

3. We will integrate equity into our decisions, considering how decisions affect people differently based on their identity or circumstances.

4. We will make decisions that create a healthy, safe and welcoming commu nity for all.

5. We will safeguard public trust through transparent practices and open communication.

6. We embrace innova tion.
*
* *
SECTION 8 - PROCEDURES AND PROTOCOLS REVIEW AND ENFORCEMENT

8.2. Don’t Politicize Procedural Issues (e.g., Minutes Approval or Agenda Order for Strategic Purposes

8.2. Enforcement (exist. Protocol Section 5)
b
Packet Pg. 442
baa21 Late Packet
City Council Protocols and Procedures Handbook
39 Council mMembers have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council mMembers, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council mMembers entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. [Language below updated after Dec. 13 P&S meeting]
Under circumstances where Council members believe that actions by another Council member are inconsistent with this Handbook and require formal review and potentially action, a public discussion and censure isare an available steps for review and enforcement.

Should two or more Council members believe that actions by a Council member are inconsistent with this Handbook, a Colleagues Memo may be used as a method to schedule public discussion of the matter at an upcoming City Council meeting. Based on the Council discussion, the matter may then be closed or proceed to consideration of further steps including censure.

Censure is an official reprimand or condemnation made by Council in response to specified conduct by one of its own members. Censure is disciplinary in nature, and requires the formal adoption of a resolution setting forth the Council member’s alleged violations of law and/or policies. Censure may require an investigation, and must protect the due process rights of the Council member. Censure carries no fine or suspension of the rights of the Council member as an elected official but a censure is a punitive action that serves as a punishment for wrongdoing.

Through a Colleagues Memo, Council members may request a formal censure action be placed on a Council agenda. The City Clerk shall provide notice of the possible censure to the Council member who is the subject of the action. The notice shall contain the specific charges on which the proposed censure is based and the date and time that the matter will be heard. Upon hearing the testimony, the Council may take action by resolution setting forth its findings and stating the terms of the censure. b
Packet Pg. 443
baa21 Late Packet
City Council Protocols and Procedures Handbook
40 PART II: CITY COUNCIL PROTOCOLS
The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation.

Section 1 – City Council Conduct (exist. Protocol Section 2)

A. R
espect for Process
Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful i
nvolvement of the public and implementation of policy decisions of the City Council by City staff.

All Co
uncil Members:

A. Demonstrate honesty and integrity in every action and statement B. Comply with both the letter and spirit of the laws and policies affecting the operation o
perations of government.

C. Serve as a model of leadership and civility to the community D. Inspire public confidence in Palo Alto government
E. Work for the common good, not personal interest
F. Prepare in advance of Council meetings and be familiar with issues on the agenda G. Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others H. D o not politicize pro cedural matters such as minutes approval or agenda order for strategic purposes
b
Packet Pg. 444
baa21 Late Packet
City Council Protocols and Procedures Handbook
41 HI. Participate in scheduled activities to increase Council effectiveness IJ. Review Council procedures, such as these Council Protocols, at least annually JK. Represent the City at ceremonial functions at the request of the Mayor KL. Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations
LM. Respect the proper roles of elected officials and City staff in ensuring open and effective go vernment
MN. Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out o f town

Council mMembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

Council mMembers are role models for residents, business people and other stakeholders involved in public debate.
5) Be Respectful of Other People's Time.

Stay focused and act efficiently during public meetings. b
Packet Pg. 445
baa21 Late Packet
City Council Protocols and Procedures Handbook
42 C. I
n Private Encounters
Treat Others as You Would Like to be Treated.

Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way.

1.5. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

C. Council Voting Delegate Authority at Conferences / Annual Meetings The Council may authorize a Council member to act as the voting delegate at conferences or meetings of other bodies, including, but not limited to, the League of California Cities annual conference, National League of Cities conference, and the Association of Bay Area Governments (ABAG) annual meeting. Prior to the conference / meeting, the Council may provide the voting delegate with specific direction on proposed resolutions and other matters. When provided specific direction, the voting delegate’s authority is limited to matters on which the Council has directed the delegate to vote.

1.7. C
ouncil Conduct with City Staff
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City sStaff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

B. C hannel Communications through the Appropriate Senior City Staff b
Packet Pg. 446
baa21 Late Packet
City Council Protocols and Procedures Handbook
43 Questions of City staff should be directed only to the City Manager, Assistant City Manager, City Attorney, City Clerk, Assistant City Clerk, City Auditor, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on any request to Department Heads. Council mMembers should not set up meetings with department staff directly, but work through Department Heads, who will attend any meetings with Council mM embers. When in doubt about what staff contact i s appropriate, Council mMembers should ask the City Manager for direction. However, nothing in these protocols is intended to hinder the access Council-appointed liaisons (e.g. to the San Francisquito JPA or NCPA) may require in order to fulfill their unique responsibilities.

D. In order to Facilitate Open Government, All Council Members Should Make Decisions with the Same information from Staff on Agendized or Soon- to be- Agendized Items (Items on the Tentative A
genda or in a Council Committee)
E. Never Publicly Criticize an Individual Employee, Including Council Appointed Officers. Criticism is dDifferentiated from qQuestioning Facts or the oOpinion of sStaff.

F
. Be Cautious in Representing City Positions on Issues
Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents remember to indicate if appropriate that the views you state are your own and may not represent those of the full Council. [updated after Dec. 13 P&S meeting]
As a Council member, it is important to remember to indicate when the views you state are your own versus views which represent those of the full Council. This is relevant whether sending correspondence related to a legislative position or corresponding with constituents or representatives of other governmental agencies or organizations.

In the case where the Council has appointed a Council member to serve on a regional governing body to represent the interests of the entire region, the Council member serving on that regional body should clearly state if they are representing the City or the regional board or commission in their positions.

G. Do
Not Attend Staff Meetings Unless Requested by Staff
Even if the Council Mm ember does not say anything, the Council Mm ember’s presence may imply support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively.

H. D
epend upon the Staff to Respond to Citizen Concerns and Complaints It is the role of Council mMembers to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol b
Packet Pg. 447
baa21 Late Packet
City Council Protocols and Procedures Handbook
44 on channeling communications. The senior staff member should respond according to the Policy and Procedure for Responding to Customer Complaints. Senior staff is responsible for making sure the Council Member knows how the complaint was resolved.

I. Do
not Solicit Political Support from Staff
The City Charter states that “Neither the city manager or any other person in the employ of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Council members should Aavoid any staff interactions that may be construed as trying to shape staff recommendations to be presented to the Council as a whole. Council Members shall refrain from coercing staff in making recommendations to the Council as a whole.

J. U
se of Public Resources
Members shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.

Once notified that a request for information or staff support would require more than one hour, b
Packet Pg. 448
baa21 Late Packet
City Council Protocols and Procedures Handbook
45 the Council Member may request that the City Manager place the request on an upcoming Council agenda. The 1-hour rule applies to all Council members equally. *
* *
SECTION 2 - City Council Conduct with Palo Alto Boards and Commissions The City has established several Boards and Commissions as a means of gathering more community input.

Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treate d with appreciation and respect. Council mMembers serve as liaisons to Boards and Commissions, according to appointments made by the Mayor, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the full Council on matters for which the full council has not yet taken a policy position. In other instances, Council mMembers may at tend Board or Commission meetings as individuals, and should follow these protocols:

2.1. If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions.

Council mMembers may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission should make a point to clearly state it is an individual opinion and not a representation of the feelings of the entire City Council.

2.2. Refrain from Lobbying Board and Commission Members.

It is i nappropriate for a Council Mmember to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council mM embers to contact Board or Commission members in order to clarify a position taken by the Board or Commission.

2.3. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Memb ers.

The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council mMembers should not feel they have the power or right to unduly in fluence Board and Commission members. A Board and Commission appointment should not be used as a political reward.

2.4. Concerns about an Individual Board or Commission Member Should be Pursued with T act.

If a Council Mmember has concerns with a particular Board or Commission member fulfilling his or her roles and responsibilities and is comfortable in talking with that individual privately, the Council Mmember should do so. Alternatively, or if the problem is b
Packet Pg. 449
baa21 Late Packet
City Council Protocols and Procedures Handbook
46 notresolved, th e Council Member should consult with the Mayor, who may address the issue to the Council as appropriate.

2.5. Be Respectful of Diverse Opinions.

A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council mMembers may have a closer working relationship with some individuals serving on Boards and Commissions but must be fair to and respectful of all citizens serving on Boards and Commissions.

2.6. Keep Political Support Away from Public Forums.

Board and Commission members may offer political support to a Council Mmember, but not in a public forum while conducting official duties. Conversely, Council mM embers may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council Mmember.

2.7. Maintain an Active Liaison Relationship.

Appointed Council liaisons or alternates are encouraged to attend all regularly scheduled meetings of their assigned Board or Commission.

2.8 Role of Council Liaison to Board or Commission [updated after Dec. 13 P&S Discussion] The role of Council liaison to a Board or Commission is to share prior Council discussions and actions on issues as applicable, and assist the Board or Commission in understanding likely Council perspectives on issues as well as how the Board o r Commission might support Council decision-making.
*
* *
SECTION 3 - STAFF CONDUCT WITH CITY COUNCIL (exist. Protocol 2.5 A-D)

3.3. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings
b
Packet Pg. 450
baa21 Late Packet
City Council Protocols and Procedures Handbook
47 3.4. It is Important for the Staff to Demonstrate Respect for the Council at all Times. All Council mMembers Should be Treated Equally
*
* *
THIS SECTION UNDER REVIEW To be
reviewed in 2023
S
ECTION 4 - CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND

MISCELLANEOUS EXPENSE REIMBURSEMENT
This policy is set by the City Council and applies to Council Mm embers and to Board and Commissions members, who will be referred to as “Officials” in the policy. In reimbursing travel and miscellaneous expenses, a municipal purpose requiri ng the expenditure of public funds must be in evidence; also, in accord with the Charter and Municipal Code, such expenditures must be from authorized appropriations.

A
. Communicating with representatives of regional, state and national government on adopted city policy positions;
B
. Attending educational seminars designed to improve officials’ skill and information levels; C. P
articipating in regional, state and national organizations whose activities affect the City’s interest;
D. In
collaboration with City staff, implementing a city-approved strategy for attracting or retaining b
usinesses to the City.

All o
ther expenditures require prior approval by the City Council at a regular or special meeting.

Th
e total reimbursement shall not exceed the budget adopted by the Council for this purpose.

All r
eimbursements shall comply with the limits of Policy and Procedures 1 -02 (City wide Travel Policy).

E
xpense reports should be submitted within 30 days of end of trip. Inability to provide such documentation in a timely fashion may result in expense being borne by the Council Member or Official.
• Mea
ls
The City will provide a per diem (“per day”) allowance for meals and incidentals to Council Mmembers or Officials who are approved to travel overnight for official City business. Council Mmembers or Officials will receive a flat rate for meals and will not be required to submit receipts.

C. L
odging Expense
Council Mmembers or Officials shall select single occupancy, standard, non-deluxe accommodations and should stay at hotels offering economical lodging rates. When possible, travelers attending a conference or seminar should stay at conference hotels, which offer a negotiated rate.

W
ithin California and adjoining states, an extra night’s hotel stay should not be necessary if flight arrangements can be made the same day.

The use of hotels is restricted to cities located beyond 50 miles (one-way) from the City of Palo alto or the traveler’s residence (whichever is shortest). For example, if the destination is Sacramento and you live in Palo Alto (118 miles) or Oakland (81 miles), you would qualify for a hotel (and per diem for meals). However, if you live in Vacaville (35 miles) or Lodi (36 miles) you would not qualify for a hotel.
b
Packet Pg. 452
baa21 Late Packet
City Council Protocols and Procedures Handbook
49 E
xpenses incurred for guests of the traveler and the like are not reimbursable.

Incidental expenses related to City business shall be reimbursed at cost as supported by submitted receipts. Incidental expenses may include hotel parking charges, Internet connection services, and telephone charges.

The actual costs for pa rking will be reimbursed when approval to use a personal vehicle or rental car is obtained in advance. Council Mm embers or Officials should use the lowest cost alternative for parking within a reasonable area from the destination. Internet connection services purchased to conduct City business are reimbursable. Other charges on the hotel bill, such as pay-TV movies, cleaning, laundry, room service charges or charges for additional guests are not reimbursable.

D. T
ransportation
1) Air Transportation
Council Mmembers or Officials shall fly economy class on the lowest flight available for the most direct route to the final destination, which could reasonably include scheduled layovers. Council Members or Officials are encouraged to make air reservations as early as feasible to obtain the greatest discount and to consider the use of alternate but nearby airports to take advantage of the lowest fares. Extension of the trip to cover a weekend stay to obtain a lower airfare does not entitle the Council Member or Official to be reimbursed for the extra day’s hotel.

Council mMembers or Officials may use City travel to qualify for frequent flyer credits, but the selection of an airline for a given trip shall not be made for the purpose of accumulating such credits. Council mMembers or Officials that choose to use their personal frequent flyer miles for City business shall not be reimbursed for the value of the tickets. If the airline charges for all checked baggage, the City will cover the cost for one checked bag only. Excess baggage charges are not reimbursable.

2. R ental Cars
Rental cars shall be approved if other ground transportation, such as shuttles or taxis, is more expensive during the stay at the destination. Only economy or compact car models may be rented unless an upgrade is provided by the rental agency at no additional cost. Because the City is self -insured, Council mM embers or Officials should decline any additional insurance offered by the rental company. Council mMembers or Officials must also decline the Fuel Purchase Options (which allows for prepayment of a gas tank refill) and shall refuel prior to returning the rental car. Rental car options such as GPS devices and any other extra optional charges are not reimbursable.

The use of a rental car, in lieu of a private auto, to travel to and from an out-of-town b
Packet Pg. 453
baa21 Late Packet
City Council Protocols and Procedures Handbook
50 event will be reimbursed either at the current IRS mileage rate or the car rental cost apportioned for the number of days used for City business, whichever is less.

3. P rivate Automobiles
Private automobiles may be used for personal or group transportation on extended trips.

Reimbursement shall be made at the current IRS mileage rate. The distance to be reimbursed shall be measured from the place of work and from the employee’s home, and the calculated mileage reimbursement shall be based upon which of the two distances is shorter. Mileage reimbursement for private automobiles shall not exceed the cost of round trip air transportation (economy class) for a reservation made at least seven days in advance of the trip.

4.32. Local or Bay Area Activities
Council mMembers or Officials who have been requested or designated to represent the City may receive the actual cost of:

A. Meals, if they are a scheduled feature of the activity, e.g., SCCCA dinner meetings.

B. Re
gistration fees where applicable.

D. Council mMembers and Officials may be reimbursed by the City for use of a private bicycle to attend local or Bay Area activities outside the City of Palo Alto consistent with City Policy and Procedures 2-9.

4.43. Other Expenses
Ethics Training Expenses – AB1234 requires ethics training every two years and such fee and related expenses are eligible for reimbursement.

4.44. Activities Not Considered Reimbursable
A. Vo luntary attendance at any conference or meeting, not representing the City.

Meetings of social or service organizations.

4.56. Reports to Council
Council mMembers and oOfficials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials b
Packet Pg. 454
baa21 Late Packet
City Council Protocols and Procedures Handbook
51 attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors.

4.76. Violation of This Policy
Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following:
- L
oss of reimbursement privileges
- A demand for restitution to the City
- The City reporting the expenses as income to the elected or appointed Official to state a nd f
ederal tax authorities
- Civil penalties of up to $1000 per day and three times the value of the resources used - Prosecution for misuse of public resources

4.87. Mayor and Vice Mayor Additional Compensation
The Mayor shall receive $150 monthly and the Vice Mayor $100 monthly to defray additional expenses of these offices.

4.98. Support Services
The City Clerk’s Office makes travel arrangements for Council Mm embers. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials.

4.10.9. Miscellaneous Expenditures
New Language: Miscellaneous Expenditures
Existing Language
None
Proposed New Language (updated after Dec. 13 P&S Discussion) X.1 Expenditure of City Council Contingency Funds
Expenditures from the City Council Contingency budget must be directed by Council motion, either via a colleagues memo or as part of an agendized item.

1. where the event serves a City educational purpose,

2. recognition for work done by staff (not including elected or appointed officials), or

3. ex
pending budget allocations specifically intended for event attendance. x.3
Expenditure for Annual Holiday Event
Expenditures from the Council special event budget may be directed to be expended for an annual holiday celebration, subject to budget availability for attendance by Council members, executive leadership staff and community leaders. Event details will be coordinated by the Mayor and facilitated by staff.
b
Packet Pg. 455
baa21 Late Packet
City Council Protocols and Procedures Handbook
52 *
* *
S
ECTION 5 - Confidentiality, Conflicts of Interest, Gifts And Favors [UPDATED to just reference existing State law]
Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. There are many State laws regarding confidentiality, conflicts of Interest, and gifts and favors. Council members should stay apprised of and comply with State law on these topics.

5.1. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship, which may give the appearance of a conflict of interest.

5.2. Gifts and Favors
It is contrary to the city of Palo Alto’s ethical standards for any council member to accept gifts or gratuities from an individual, business, or organization doing business, or seeking to do business, with the City or who is seeking permits or other entitlements from the City.

The acceptance of gifts can convey an appearance of favoritism and conflict of interest. Gifts can be perceived as attempts to influence City operations or as compensation for services rendered and can erode the public confidence in the impartiality of decisions made by Council mMembers.

Council mMembers exercise good faith in carrying out this Protocol. It is impossible to list every situation and fact pattern, so it anticipates that Council M members will exercise their good judgment in determining whether the item is a gift or not.

This policy is supplemental to the gift limitations of the Fair Political Practices Commission’s Limitations and Restrictions on Gifts, Honoraria, Travel and Loans.

The following are not considered gifts under this Protocol:

A. Gifts which the Council member returns (unused) to the donor, or for which the Council Member reimburses the donor, within 30 days of receipt.

B. Gifts from a Council Member’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother -in-law, sister-in- law, aunt, uncle, n iece, nephew, or first cousin or the spouse of any such person, unless he or she is acting as an agent or intermediary for another person who is the true source of the gift.

C. Minor gifts of hospitality involving food or drink, that the Council Member recei ves in an individual’s home or at another location of business.
b
Packet Pg. 456
baa21 Late Packet
City Council Protocols and Procedures Handbook
53 D. Gifts approximately equal in value exchanged between the Council Member and another individual on holidays, birthdays, or similar occasions.

E. Informational material provided to assist the Cou ncil member in the performance of their official duties, including books, reports, pamphlets, calendars, periodicals, videotapes, or free or discounted admission to informational conferences or seminars.

F. A bequest or inheritance.

G. Campaign contributions.

H. Personalized plaques and trophies with an individual value of less than $250.

I. Tickets to attend fundraisers for campaign committees or other candidates, and tickets to fundraisers for organizations exempt from taxation under Section 501(c)(3) of the Inte rnal Revenue Code.

J. Free admission, refreshments, and similar non - cash nominal benefits provided to the Council Member at an event at which the Council Member gives a speech, participates in a panel or seminar, or provides a similar service. Transportation within California, and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or similar service, are also not considered gifts.

K. Passes or Tickets which provide admission or access to facilities, goods, ser vices, or other benefits (either on onetime or repeat basis) that the Council Member does not use and does not give to another person.

L. Wedding gifts
M. A prize or award receive d in a bona fide competition not related to official status. (Thes e exceptions are paraphrased from FPPC publications.)
N. Gifts from Sister Cities or other entities, other municipalities, if forwarded to the City.

5.3. Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
b
Packet Pg. 457
baa21 Late Packetbaa21 Late Packet

Palo Alto City CouncilDecember 19, 2022

Palo Alto City Council
December 19, 2022