HomeMy WebLinkAbout12/05/1995, 3 - POLICY FOR PLACING ITEMS ON THE AGENDA f y REVISED'' PAGE NUMBF -NG: Pages 3-1 through 3
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I city��Ul of san lui s OBISPO - O=:
COUNCIL AGENDA REPORT ITEM .2
FROM: John Dunn, CA
Prepared by: Ken Hampian, ACAO
SUBJECT: POLICY FOR PLACING HEMS ON THE AGENDA
CAO RECOMMENDATION
Review Section 1.2.1 of the Council Policies and Procedures and determine if any modifications
are appropriate.
DISCUSSION
The Issue
1
During the Council meeting of October 17, 1995, the Council asked that a review of Section
1.2.1 of the Council Policies and Procedures be agendized for the November 21st City Council
meeting. Section 1.2.1 deals with procedures for placing items on the Council agenda by
individual Council Members (Attachment 1).
Under current procedures, an individual Council Member may place an item on the agenda
through a two step process. Specifically, the first sentence of Section 1.2.1 of the Council Policy
and Procedures states "any Council Member may request an item be placed on a future agenda
during Communications, and upon consensus of a majority of Council, staff will prepare a staff
report if formal Council action is required".
Since a two-step process presently exists for individual council members to follow if they wish
to agendize a matter before the Council, the two key questions are: Is a one-step process more
desirable than the present two-step process? If so, should there be some limits on the kind of
matters that can be agendized through a one-step process? To assist in considering this matter,
department heads have been consulted and a survey of other cities has been completed
(Attachment 2). Past experience has also been considered.
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COUNCIL AGENDA REPORT
Advantages of a One-Step Process
The obvious advantage to a "pure" one-step process, whereby an individual council member can
place virtually any issue before the Council for action, is time, at least initially. Council
members are elected-to get things done and to pursue the interests of constituents, and "policies
and procedures" like Section 1.2.1 can be perceived as slowing things down. Occasionally, in
fact, requests come to Council Members with time constraints that cannot be accommodated with
a two-step process.
The public also expects its elected officials to be able to accomplish much as individuals, and
explaining things like "two-step" procedures may not be easy. There is also the perception
among some that "staff can do it, so why not the Mayor or Council members?" While staff does
not believe that this is an accurate perception (further discussed later), it is one that Council
Members have to deal with nevertheless.
Related to the advantages outlined above, another benefit of a one-step process might be a greater
feeling of access to government by the public. In other words, an individual constituent with a
request or issue would only need to convince one Council Member in order for his/her concern
to be considered by the full City Council. Similarly, an individual Council Member with an issue
of special concern would be able to more directly pursue the matter with the balance of the City
Council, without having to first acquire the "permission" of a Council majority.
Advantages of the Present Two-Step Process
What the Council has accomplished through its very thorough goal setting process should
primarily determine the organization's priorities and work efforts. This is particularly important
in the aftermath of our "downsizing", since we have fewer resources to accomplish ambitious
goals. Therefore, the key advantage is that the focus and workload of the Council and staff is
determined more by the Council as a whole, instead of by individual members.
Presently, the Council is working extremely well together, which as the survey suggests, is
important if we are to move to a more individual approach. However, guidelines like those set
forth in Council Policies and Procedures are intended to protect the process over the long term,
independent of the "players of the moment". Providing safeguards over the longer term is always
an important principle to consider in government.
The two-step approach is also more consistent with Council policy prohibiting individual Council
Members from directing the work of staff (Attachment 3). However, if staff reports must be
prepared to accompany items agendized at the request of one Council Member, workload can be
significantly influenced by an individual. Preparing even the simplest of agenda reports requires
resources to research background, prepare the report, and route it others for review. Council
Members requesting reports are likely to want them completed by staff sooner rather than later,
which can cause other priorities to be delayed.
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cit' of san SOB]spo
COUNCIL AGENDA REPORT
Why Does Staff Have the Prerogative of Placing Items on the Agenda?
In reviewing the items listed on any given agenda, nearly all can be traced to either an action or
process that has had prior City Council approval. Thus, the regular meeting agenda essentially
implements the approved work program and business of the City, as established by the present
or earlier City Councils.
Agenda items are perhaps most often prepared to implement the approved Financial Plan and
Budget (e.g. capital projects, purchases, bids, studies, etc.), including the objectives established
through Council goal-setting. Items also stem from previously approved work programs (e.g.
annual review of the water projects and development fees), implementation of General Plan
elements, or operational issues (e.g. replacing a broken belt-filter press at the Water Reclamation
Facility). Council agenda items are also prepared to forward advisory body recommendations,
land use and zoning actions or appeals, and mandates from other levels of govemmedt (e.g. trip .
reduction, ADA Transition Plan).
There may be.infrequent circumstances where, under Charter sanctioned instructions for the CAO
to inform and advise the Council of matters essential to the proper operation of the City,
something may be agendized by staff that is considered entirely "new". However, in terms of
1 the usual practice, staff works within the policy context established by the Council, and therefore
does not arbitrarily place matters on the agenda which have no connection to the existing work
programs of the City.
It should also be said that the Mayor and Council do have input in developing the council
meeting agenda. The agenda begins to take shape via the "Preliminary Agenda" about two weeks
before scheduled meetings. On a rotating basis, individual Council Members attend agenda
review meetings and help review those items on the "Preliminary Agenda". Later in the day, the
order of items on the Preliminary Agenda is finalized by the Mayor, City Administrative Officer, .
City Attorney, and City Clerk.
Weren't Individual Council Members Once Able to Place Items on the Agenda in SLO?
Once individual Council Members could place items on the Council agenda at their own
discretion . However, this led to problems like those described earlier which were addressed by
previous councils through the addition Section 1.2.1 in Council Policies and Procedures.
In comparison to many other cities, San Luis Obispo is considered quite progressive in its
approach to goal-setting. However, many years ago the City did not have such a sophisticated
goal setting process, and thus it was less clear(and thus perhaps less troublesome) when priorities
established by the Council majority were altered by individual requests.
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COUNCIL AGENDA REPORT
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Alternative to the Present Approach
Based on information acquired through the survey, the input of department heads, and past
experience, if a one-step process is desired, staff recommends that it include certain parameters
and guidelines. These suggested parameters and guidelines are intended to mitigate, at least in
part, some of potential disadvantages noted above. They are:
1. That a new section be added to the agenda format titled "Mayor/Council Member Action
Items" (or some other heading that indicates that a proposed action item is before the
Council). Consistent with existing Council policy, only matters within the subject matter
jurisdiction of the City should be submitted (thus avoiding getting into issues which have
no relationship to the business of the City);
2. That all items placed under this heading be subject to established agenda deadline
requirements and be accompanied by a written report and recommendation nrenared by .
the requesting Council Member (but not by staff). A format similar to the one used for
staff prepared agenda reports is suggested so that the format at least includes
"Recommendation" and "Discussion" subheadings. The sensitivity to a deadline is
suggested to avoid "last minute" items that deprive other Council Members of adequate
review time. Presently established time requirements are to place a matter on the agenda
two weeks prior to the meeting, and to submit the written report by "Agenda Close
Thursday", a week-and-one-half prior to the meeting.
3. As is the current practice, during a Council meeting an individual Council Member should
still seek a formal consensus of the Council for matters which are of a scope that requires
the preparation of a staff report (e.g. the matter is technically complex, or involves
significant policy or fiscal implications). This would essentially mean that the current
two-step process would be followed for matters that call for a significant investment of
staff time (consistent with policies outlined under Attachment 3). Relatively more simple .
and straightforward matters can be considered for immediate action, per the approach
outlined under #2 above.
4. If a Council Member places an item on the agenda that he/she believes is a relatively
simple matter, but the CAO believes to be more complex and needing further staff
evaluation, then the CAO shall forward a brief memorandum to the City Council
suggesting that the matter be referred to staff for further analysis and a follow-up report.
Such situations can become awkward, and thus the highest possible level of
communication between individual Council Members and the CAO in advance of
agendizing a matter is essential.
5. Council Policies and Procedures Section 1.2.4 provides that while resubmittal of issues .
previously acted upon is discouraged, requests will be considered upon a consensus of the
Council majority (Attachment 1). The Council may wish to retain this requirement for
"reconsiderations" in order to avoid the possibility of repeated deliberations on subjects
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already decided by the Council. In addition, for public hearing matters and certain
administrative decisions involving findings (e.g. variances, some use permits, appeals),
a reconsideration may not be allowed because of due process issues.
Closing Comment
Staff can appreciate the interest in "making the wheels of government" turn faster. However, if
not carefully considered, procedures.which result in a faster start could cause unintended delays
down the road. Staff believes that the current two-step process best protects -- over the long term
-- the priorities set by the City Council collectively. However, if the council desires some
changes, staff suggests consideration of the parameters and guidelines outlined in this report.
Specific language amending Section 1.2.1 of the Council Policies and Procedures will follow
Council direction on this matter. Under either circumstance (retention of the current approach
or some change) staff suggests eliminating the second sentence of Section 1.2.1., since it is out-
of-date. The adoption of our annual Legislative Program now provides guidelines which
supersede this provision.
ATTACHMENTS
1. Sections 1.2.1 & 1.2.4. of Council Policies and Procedures
2. Survey of Other Cities
3. Chapter 5 of Council Policies and Procedures
g:agenda
Council Policies & Procedures Chapter 1• Meeting Guidelines & Procedures
1.1.5.5 Favorable consideration shall be given to other governmental
agencies and non-profit groups. No events of a commercial nature
shall be allowed.
1.1.5.6 No admission shall be charged. No events featuring the service of
food or drink shall be allowed.
1.1.5.7 Regularly scheduled meetings by other agencies and groups shall be
discouraged. (Prior CP&P S 9.08)
1.2 AGENDA
1.2.1 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda during
Communications, and upon consensus of a majority of Council, staff will prepare a staff
report if formal Council action is required. Action in support of, or in opposition to
legislation at another government level, or of a specific cause, shall be considered only
if the subject issue directly affects, or is within the purview or control of, the City of
San Luis Obispo and is consistent with Council policies. (Prior Res. 6505)
1.2.2 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during
Public Comment or via other communication with Council Members, and upon
consensus of a majority of Council, a staff report will be prepared and approved by the
C.A.O. or his designee. (Prior Res. 6505)
1.2.3 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety may be considered
emergency in nature. A four-fifths vote of Council is necessary to add an emergency
item. (Prior Res. 6505)
G
RECONSIDERATION
Reconsideration of an item shall be allowed in accordance with Robert's Rules of
Order and established Council guidelines. Resubmittal of issues previously acted upon
is discouraged, but requests will be considered upon a consensus of a majority of the
Council. (Prior Res. 6505)
page 3
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Council Policies & Procedures Chapter 5• Council/Staff Relationships & Conduct
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
This chapter addresses the relationship and conduct between Council Members and staff
with the intent of the Council to:
5.1.1 CONTROL OF THE COUNCIL
Maintain control and direction of the City by the Council as a whole. (Prior Res. 5369)
5.1.2 INFORMATION
Ensure Council members free access to the flow of any information relative to the
running of the City and to insure that such information is communicated by staff in full
and with candor to those requesting it. (Prior Res. 5369)
5.1.3 INDIVIDUAL COUNCIL MEMBERS
Avoid intrusion by individual Council Members into those areas which should be the
responsibility of staff and to prohibit intervention by individual Council Members in
staff decision-making, the making of staff recommendations, scheduling of work, and
executing department priorities without the prior knowledge and approval of the City
Council as a whole. (Prior Res. 5369)
5.1.4 UNDUE INFLUENCE
Protect staff from undue influence and pressure from individual Council Members, and
to allow staff to execute priorities given by management and the Council as a whole
without fear of reprisal. (Prior Res. 5369)
5.2 COUNCIL AND COUNCIL MEMBERS
5.2.1 COUNCIL POWER
GD
The full City Council retains full power to accept, reject, amend, influence, or otherwise
guide and direct staff actions, decisions, recommendations, work loads and schedules,
departmental priorities, and the conduct of City business. (Prior Res. 5369)
page 23
��D
Council Policies & Procedures Chapter 5: Council/Staff Relationships & Conduct
5.2.2 INDIVIDUAL COUNCIL MEMBERS
Individual members of the Council shall make no attempt to pressure or influence staff
decisions, recommendations, workloads, and schedules, and departmental priorities
without the prior knowledge and approval of the Council as a whole. (Prior Res. 5369)
SZ.3 COUNCIL POLICY
If a Council Member wishes to influence the actions, decisions, recommendations,
workloads, work schedules, and priorities of staff, that member must prevail upon the
Council to do so as a matter of Council policy. (Prior Res. 5369)
5.2.4 INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted
complete freedom of access to any information requested of staff and shall receive the
full cooperation and candor of staff in being provided with any requested information.
(Prior Res. 5369)
53 STAFF
5.3.1 EXECUTION OF COUNCIL DIRECTION
The Council recognizes the primary functions of staff as executing Council policy and
actions taken by the Council and in keeping the Council informed. (Prior Res. 5369)
53.2 UNDUE INFLUENCE
Staff is obligated to take guidance and direction only from the Council as a whole or
from the appropriate management superiors as may be the case. Staff is directed to
reject any attempts by individual members of the Council to unduly influence or
otherwise pressure them into making, changing or otherwise suppressing staff decisions
or recommendations, or changing departmental work schedules and priorities. Staff
shall report such attempts to influence them in confidence to the City Administrative
Officer, who may inform the Council as a whole of such attempts. (Prior Res. 5369)
53.3 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all
requests made by individual Council Members for information or assistance, provided
that, in the judgment of the City Administrative Officer the request is not of a
magnitude, either in terms of workload or policy, which would require that it more
appropriately be assigned to staff through the collective direction of the City Council.
In terms of making this judgment, the following guidelines should be considered: The
request should be specific and limited in scope so that staff can respond without
page 24
Council Policies & Procedures Chapter 5• Council/Staff Relationships & Conduct
altering other priorities and with only minimal delay to other assignments; the request
should only impose a "one time" work requirement, as opposed to an on-going work
requirement; the response to the request should not require a significant allocation of
staff resources (generally defined as consisting of more than one staff person, or a
single staff person working on the issue in excess of 1-2 hours).
5.3.4 COUNCIL MEMBER REPRESENTATION TO OTHER AGENCIES
An exception to the above guidelines may be staff work required in support of a
Council Member designated by the City Council to represent the City in an
intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a
special assignment (e.g., a special task force).
5.3.5 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves
written material which may be of interest to other Council Members, the CAO will
provide copies of the material to all other Council Members. In making this judgment,
the CAO will consider whether the information is significant or new or otherwise not
available to the Council or of interest to the Council.
5.3.6 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary by
individual Council Members which cannot be fulfilled per the above guidelines should
be raised by the individual Council Member under the "Communications" category of
a regularly scheduled City Council meeting. If so directed by the collective action of
the Council, then staff will proceed to complete the work within Council established
deadlines.
5.4 E-MAIL AND REMOTE ACCESS TO COMPUTERS
A pilot program to provide remote access for Council Members who own an IBM-
compatible computer was implemented in August, 1993. Council Members utilize their own
home computers for access; the minimum configuration supported includes 640K RAM and
DOS 3.1. Only one dial-in session can be accommodated at a time, therefore instant access
to the LAN may not be available when another Council Member is utilizing the service.
(Motion adopted 7/20/93)
5.4.1 COUNCIL REMOTE ACCESS
5.4.1.1 . The City will provide an external 9,600 baud modem and software;
this must be returned to the Office of the City Clerk at the end of
a Council Member's term. (Motion adopted 7/20/93)
page 25
MI
DATE ,VG S- AGENDA .3
ITEM #
COUNCIL POLICIES & PROCEDURES-MAYOR'S RECOMMENDATION
1.2 AG_E_
1.2.1 PLACING AN ITEM ON THE AGENDA (COUNCIL
MEMBER)
ANY COUNCIL MEMBER MAY PLACE AN ITEM ON AN
AGENDA WITH A 72 HOUR LEGAL NOTICE AND A
MEMORANDUM TO THE COUNCIL AND STAFF ON THE
SUBSTANTIVE ISSUES SO THAT STAFF OR COUNCIL
CAN PROVIDE AN INITIAL REVIEW OF THE ITEM PRIOR
TO THE MEETING.
SHOULD AN AGENDA ITEM NOT RECEIVE APPROVAL
BY THE COUNCIL MAJORITY AFTER THE HEARING OR
PRESENTATION, A MAJORITY VOTE OF THE COUNCIL
WOULD BE NEEDED TO AGAIN PLACE THE ITEM ON THE
AGENDA.
RECEIVED
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QAW a COUNCIL'
eon n4
(OMIT EXISTING SECOND SENTENCE STATING ACTION
BY THE COUNCIL CAN NOT BE CONSIDERED UNLESS IT
DIRECTLY AFFECTS OR IS CONSISTENT WITH COUNCIL
POLICIES) THIS SECTION IS OVERLY RESTRICTIVE
AND CAN PRECLUDE ACTION ON LEAGUE LEGISLATIVE
RECOMMENDATIONS OR BALLOT MEASURE
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