Title
Staff Report for the City of San Leandro City Council to Approve an Ordinance Amending the San Leandro Municipal Code and a Resolution to amend the San Leandro Administrative Code and the City Council Handbook to Create Efficiencies at City Council Meetings
Staffreport
SUMMARY AND RECOMMENDATIONS
Pursuant to the City Council’s discussion of City Council meeting efficiencies at its 2021 annual planning retreat on February 6, 2021, staff recommends that the City Council review and approve the following:
1. Approve for first reading an ordinance to amend San Leandro Municipal Code section 1-1-200 to start regular City Council meetings at 6:00 p.m. and end at 10:00 p.m. unless a majority of the City Council votes to continue the meeting past 10:00 p.m.
2. Approve a resolution to amend the San Leandro Administrative Code and the City Council Handbook as follows:
a. Unless otherwise arranged, adjourned meetings shall be to the following day after the original Council meeting, at a specified time and place.
b. City Council policy priorities shall be re-prioritized two times per year.
c. A visual timer shall be posted for all presenters, and all City Council Members during their comments.
d. During initial clarifying questions from City Council Members after the staff report on an agenda item, the Presiding Officer shall enforce a 3-question limit per City Council Member. Once every Council Member has had a chance to ask 3 questions, the Presiding Officer may at their own discretion allow additional questions from the other Council members, if needed.
e. Closed session will begin one hour before the City Council meeting unless otherwise arranged. Action items will be placed first on the agenda.
f. Written Public Comment must be received no later than 11:59 p.m. on the Sunday immediately prior to the upcoming regularly scheduled City Council meeting to provide the community the opportunity to use the weekend for agenda review. All Public comment submitted by the deadline will be distributed to the City Council no later than 3:00 p. m on the day of the meeting and will be made part of the official record. Written public comment will not be verbally read out loud.
ANALYSIS
1. Amendments to the San Leandro Municipal Code
City of San Leandro Charter Section 315 provides that the Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution. San Leandro Municipal Code section 1-1-200 currently provides that regular meetings of the Council shall be held on the first and third Monday of each month at 7:00 p.m. If any such day is a City holiday, the meeting shall be held on the next business day at 7:00 p.m.
Due to increased volume of business and priorities, and the positive and welcomed increase in public participation, City Council meetings have recently been adjourning later in the evening, and in several instances, the morning of the next day. In order to promote robust discussion, thoughtfulness, and respect for community members’ and staff’s time and attention, the City Council proposes to amend Municipal Code section 1-1-200 to change the start time for regular City Council meetings from 7:00 p.m. to 6:00 p.m. In addition, meetings shall end at 10:00 p.m. unless a majority of the City Council votes to continue the meeting past 10:00 p.m. This and other changes described below, are intended to provide enough time for the City Council to complete all of its business and to allow for robust public comment and City Council deliberation.
2. Amendments to the San Leandro Administrative Code
By resolution, the City Council proposes to amend the San Leandro Administrative Code as follows:
a. Adjourned Regular Meetings
San Leandro Administrative Code section 1.1.100 provides as follows:
“An adjourned regular meeting ordinarily will be held at 7:00 p.m. on the Monday following the regular meeting which is adjourned.”
Staff proposes amendments to this Administrative Code section to establish consistency with the proposed change to the City Council regular meeting time from 7:00 p.m. to 6:00 p.m., the Brown Act, and the City Council Handbook.
“An adjourned regular meeting can be adjourned to a stated date, time, and place. If no date, time, and place are stated, then the adjourned regular meeting will be held at 6:00 p.m. on the next day following the regular meeting which is adjourned.”
3. Amendments to the City Council Handbook
In response to the City Council’s comments regarding policy prioritization, staff recommends the following amendments to the City Council Handbook:
Section I., “Mayor and City Council,” Council Goals, p. 8
Rename Section, “Council Goals and Priorities”
Add the following language at the end of the section:
All City Council items brought forward at City Council meetings under Agenda Item 14. subsequent to a City Council planning retreat shall be re-prioritized by the City Council twice a year.
Section II., “Meetings” pgs. 10-15
Add the following language to the beginning of the Section, Closed Sessions (p. 10):
Closed session will begin one hour before the City Council meeting unless otherwise arranged. Action items will be placed first on the closed session agenda. Typically, closed sessions are called to discuss (1) real property negotiations, (2) existing or anticipated litigation, (3) liability claims, (4) labor negotiations, or public employee appointments, (5) evaluations and discipline.
Add the following language to the end of the Section, Motion to Fix Hour of Adjournment (p. 14)
Any regular meeting can be adjourned to a stated date, time, and place. If no date, time, and place are stated, then the adjourned regular meeting will be held at 6:00 p.m. on the next day following the regular meeting which is adjourned.
Section IV., “Conflicts, Liability & Decorum,” Decorum and Order - Council Members, pgs. 21-22.
Revised as follows in italics:
a) Any Council Member who wants to speak shall address the Chair and, upon recognition by the Chair, shall confine himself/herself to the question under debate.
b) A Council Member who wants to question a staff member shall address his/her question to the City Manager, City Attorney, or the City Clerk in appropriate cases, who shall be entitled to answer the inquiry himself/herself or to designate some member of the staff for that purpose. During initial clarifying questions from City Council Members after a staff report, the Presiding Officer shall enforce an initial 3 question limit per City Council Member. Once every Council member has had a chance to ask an initial 3 questions, the Presiding Officer may allow additional questions as needed.
c) A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member.
d) A visual timer shall be posted for all presenters including City Council Members during their comments.
e) Any Council Member challenged while speaking, shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to proceed. If ruled to be not in order, he/she shall remain silent or shall alter his/her remarks to comply with rules of our Council.
f) Council Members shall accord the utmost courtesy to each other, to City employees and the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.
g) Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him/her to so act.
Section VI., “Communications,” Correspondence from the Public, p. 31
Add the following language after the first sentence of the second paragraph:
Written Public Comment must be received no later than 11:59 a.m. the Sunday prior to the Monday City Council meeting, to provide the community the opportunity to use the weekend for agenda review. All written Public Comment submitted by the deadline will be distributed to the City Council no later than 3:00 p.m. on the day of the meeting and will be made part of the official record. Written public comment will not be read aloud.
FINANCIAL IMPACT
There is no anticipated direct fiscal impact to the General Fund associated with adopting these suggested amendments.
ENVIRONMENTAL REVIEW
Adoption of this ordinance is exempt from review under the California Environmental Quality Act: Section 15378 (not a project); and Section 15061(b)(3) (no significant environmental impact).
LEGAL ANALYSIS
The City Attorney drafted the ordinance and resolution to make the amendments to the municipal code, the administrative code and the City Council handbook.
PREPARED BY:
Liz Warmerdam, Assistant City Manager, City Manager’s Office