File #: 24-179    Version: 1 Name: 2024 Councilmembers Handbook
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 5/6/2024 Final action: 5/20/2024
Enactment date: Enactment #: Reso 2024-048
Title: Adopt a Resolution to Approve the 2024 Council Handbook
Sponsors: Fran Robustelli
Attachments: 1. A - Reso 2024 Council Member Handbook Updates, 2. B - Draft Council Member Handbook 2024 May 20 Council, 3. Presentation 520 Council Hanndbook

Title

Adopt a Resolution to Approve the 2024 Council Handbook

Body

SUMMARY AND RECOMMENDATIONS

 

Staff presents for City Council consideration a continuation of the Council Handbook edits that relate to City Council procedures and protocols.

 

BACKGROUND

 

At the City Council Rules Committee meeting on March 28, 2024 Council discussed and considered for approval several discussion items to incorporate into the City Council Handbook, in addition to the edits referenced in the table below.  Direction from Council was a discussion about the Vice Mayor role and title, Tech and Travel Allowance language, and Council adherence to the handbook with measures for enforceability. Additional non-substantive edits not identified below were made for greater clarity and to correct typos and grammar.

 

Previous Actions

The City Council handbook has been edited in the previous years of 2023, 2022, 2021, and 2018.

 

Committee Review and Actions

The recommendation from the City Council Rules Committee is as follows:

P 9 - Vice Mayor rotation based on seniority. Seniority is defined as the date sworn into office, if two councilmembers have equal seniority, then either councilmember may exercise the option to defer their nomination. If more than one member of the same seniority remains nominated, then a random name draw would establish seniority for that year.

The Vice Mayor title can only be used while conducting official City business. The title cannot be used on the ballot or any election materials.

Should the rule be violated then the Council shall consider the removal of the Vice Mayor.

It was the Rules Committee’s recommendation that the Council should discuss and consequences to violations of the Council Handbook.                     

P 12 - New Section Added: Adherence to Council Handbook

The Rules Committee recommended a change to the Handbook that any of the rules and policies may be waived by a super majority 2/3 vote, which is 5 Councilmembers when it is deemed that there is good cause to do so based upon the particular facts and circumstances. This recommendation was made in acknowledgement that portions of the handbook cannot be waived or superseded by a vote of the Council because they are restatements of the City Charter, Municipal Code, Administrative Code or otherwise require a specific legal process for amendment.

In addition, the Rules Committee recommended that policies shall be amended by a majority vote of the City Council or amended administratively by the City Clerk’s Office when the Council has already taken action to remain current with federal, state, and local law.

 

P 14 - REQUESTS FOR FUTURE AGENDA ITEMS AND URGENT REFERRALS

All requests made shall be submitted to the City Manager and City Clerk in writing and in-advance of the City Council meeting, to ensure the correct language for the permanent record.

If an employee elects to travel by personal vehicle and airfare would be less expensive, the lower cost shall be used for reimbursement purposes.

To determine the reimbursement cost, staff will use the price of an economy plane ticket booked 60 days in advance.

At no time shall the expenses exceed the approved budget for travel or training.

 

P 15/16 - REIMBURSEMENT FOR EXPENSES

Adding new language regarding Councilmember travel by personal vehicle:

If a Councilmember elects to travel by personal vehicle and airfare would be less expensive, the lower cost shall be used for reimbursement purposes.

To determine the reimbursement cost, staff will use the price of an economy plane ticket booked 60 days in advance.

At no time shall the expenses exceed the approved budget for Travel.

 

Adding language from the Administrative Code:

Councilmembers and the Mayor will receive a $100 per diem and $50 per one-half day is hereby fixed and determined as reasonable expenses to be allowed each member of the City Council when traveling on official duty for all out-of-pocket expenses other than transportation and hotel expenses. Admin Code 1.3.110

 

P 19 - LEGISLATIVE BREAK

The City Council shall observe an annual recess during the month of August. The duration of the recess shall encompass the entire month unless otherwise determined by a majority vote of the City Council. The August recess shall be applicable to all City Council, Boards and Commissions meetings.

During the August recess, regular City Council meetings shall be suspended. Special meetings may be called if urgent matters arise that require immediate attention. The decision to convene a special meeting during the August recess shall be made by the Mayor or a majority of Council Members.

 

P 25 - Agenda

Changes are recommended to the meeting agenda to make the meeting have a better flow and to combine some sections of the agenda into one. Report on closed session action taken was moved up to item 3, so that it can be heard at the beginning of the meeting before the consent agenda. The consent items 4 through 6 were combined into one item 5. Consent Calendar. Item 11 City Council calendar and announcements will be combined with the item Council Reports. Going from 16 items to 13.

City Council Handbook Enforceability

When the policy restates existing Federal or State Laws, City Charter, Municipal Code or Administrative Code, then enforcement is provided by existing law (fines, report to the Fair Political Practices Commission, District Attorney or grand jury, misdemeanor charge).

When a written Handbook policy memorializes a Council or City custom, practice, norm, or best practice, the Council must develop and pass its own consequences when there are violations. Such consequences may range from written admonishment or reprimand from the Mayor or the City Council, to new or additional training requirements for a Councilmember, to City Council censure of the Councilmember.

 

Handbook Item

Status

Original Page #

New Page #

Discussion Item

Introduction

Added

 

8

 

Selection and Role of the Vice Mayor

New info added

9

9

Yes

Mayor/Council Compensation

Updated to reflect current ordinance

12

12

 

Adherence to Council Handbook

Added

 

12 - 13

Yes

Council Goals and Priorities

Edited

12

12

 

Requests for Future Agenda Items and Urgent Referrals

Added

 

14

 

Reimbursement for Expenses Travel/Training

Added language

15/16

15/16

Yes

Agenda - Order of Business

Edited to move Closed Session Report up and consolidate consent to one item. Combined council reports with calendar and announcements.

25

25

 

Distribution of Agenda

Edited for current practice

24

24

 

Appendix C - Guidelines Regarding Reimbursement for Councilmember Expenses

Moved into the handbook

69

N/A

 

Appendix D - Guidelines for Councilmember Town Hall Meetings

Removed to reflect current practices

71

N/A

 

 

 

Legal Analysis

 

The City Attorney has reviewed the proposed edits.

 

Fiscal Impacts

 

There are no fiscal impacts of the proposed edits as a result of amending the travel and training section, as the Council Travel and Training Budget amount remains the same.

 

ATTACHMENTS

A.                     Draft Reso City Council 2024 Handbook

B.                     City Council 2024 Handbook

 

PREPARED BY:  Kelly B. Clancy, CMC

City Clerk, City Manager’s Office