REPORT TO COUNCIL
SUBJECT
Title
Approve Updates to Council Policy 7.2.19 (Boards and Commissions) to Allow Board/Commission Members to Respond to Requests to Meet with Members of the Public
Report
BACKGROUND
On November 14, 2023, the City Council held a joint study session with Board and Commission (B/C) Chairs and Vice Chairs. The purpose of the study session was to convene an annual discussion regarding B/C effectiveness, and to invite input from B/C members to the City Council.
The input during this annual round of discussion was substantial. The November meeting resulted in over a dozen suggested improvements or modifications for consideration. Seven items were policy-based and were referred to the Council Subcommittee on Boards and Commissions (Subcommittee) for consideration.
On February 14, 2024, the Subcommittee discussed the seven policy items as well as additional items introduced by the Subcommittee. At that meeting, the Subcommittee proposed increasing the size of the Human Relations Commission from five members to seven members. The Subcommittee requested staff follow up after its February meeting and met again on June 26, 2024 to further refine its recommendations to the full Council.
On September 24, 2024, the City Council considered the recommendations from the Subcommittee and provided direction on several of the Subcommittee recommendations. This included directing staff to return with required policy documentation to allow Board/Commission Members to respond to requests to meet with members of the public received by the respective Board/Commission AnswerPoint.
This report implements Council’s direction to allow Board/Commission Members to respond to requests to meet with members of the public.
EXISTING POLICY
Council Policy 7.2.19 (Boards and Commissions)
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" with the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The existing prohibition on Board and Commission Members responding to emails from the public comes from Council Policy 7.2.19 (Boards and Commissions), Section 2.I.(III) Board and Commission Role Outside of Meetings. This section does not permit Board and Commission Members to represent their respective Board or Commission outside of public meetings of their Board/Commission.
The attached updates to this Council Policy would permit Board and Commission Members to respond to requests to meet with members of the public in order to schedule such meetings.
FISCAL IMPACT
Allowing Board/Commission Members to respond to requests to meet with members of the public is not anticipated to have a fiscal impact.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Approve updates to Council Policy 7.2.19 (Boards and Commissions) (Attachment 1) to allow Board/Commission Members to respond to requests to meet with members of the public received by the respective Board/Commission AnswerPoint.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: David Carnahan, City Clerk
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Reviewed by: Rebecca Moon, City Attorney
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Updates to Council Policy 7.2.19 on Boards and Commissions-redlines
2. Draft Updates to Council Policy 7.2.19 on Boards and Commissions-clean