SunnyvaleRTC

October 4, 2005

SUBJECT: Timelines for Noticing Council Meeting Agendas and the Distribution of Agendized Reports to Council (Study Issue)

REPORT IN BRIEF

The purpose of this study issue is to review the City’s current timelines for noticing City Council agendas and distributing agendized reports both to Council and to the City’s established distribution points (the City Clerk’s Office, the Sunnyvale Library, and the City’s web site).

Two concerns brought this issue forward: Council’s interest in receiving reports earlier in order to have sufficient time to review them; and the public’s preference for earlier notice regarding when specific Council business will be conducted and access to the corresponding reports in order to have sufficient time to provide feedback to Council.

This report:

reviews the City’s current public noticing timelines for Council meeting agendas and the distribution of agendized reports;
discusses Council’s preferences regarding noticing timelines;
summarizes other cities’ practices;
provides options for altering the timelines for noticing both Council meeting agendas and the distribution of agendized reports.

Staff is recommending moving the agenda and report distribution process forward by one day, distributing final reports earlier if they are ready and approved in advance of their due date, and adding staff contact information to the Tentative Council Agenda Calendar posted on the City’s Web site. These recommendations are consistent with the City’s continuous improvement commitment, and increase the amount of time that Council and the public will have to review agendas and reports while requiring only a small amount of additional resources. Additionally, staff projects that while there may be some delays in addressing City business, those delays will be quite limited.

Historically, the Council agenda and report preparation processes have been adjusted as needed to continue Sunnyvale’s reputation as a City that provides excellent customer service while conducting its business efficiently and effectively. Staff is further recommending that the new processes and timelines be implemented in phases, and evaluated six months from the date of full implementation.

BACKGROUND

At the December 2004 City Council Workshop this study issue was ranked fourth out of five study issues assigned to the Office of the City Manager (see Attachment A, Study Issue Paper: RTC Posting and/or Agenda Noticing Timelines for City Council Agenda Items).

Two concerns brought this issue forward. The first was raised at the April 20, 2004 Council meeting, when the City’s Finance Department presented RTC 04-137, Proposed Fiscal Year 2004/2005 Utility Rates. During the public hearing, a representative of the Chamber of Commerce requested that Council postpone making a decision because the individual believed that there was not enough time after the final RTC was disclosed to the public to notify their membership of the issue, gather members’ feedback, and provide that feedback to City Council.

The second is that City Council has (informally and by survey) indicated a preference for having earlier access to staff reports before Council meetings. Councilmembers typically receive a voluminous binder on Fridays before the Tuesday Council meeting full of complex and often lengthy staff reports. Council needs to have read each report and be prepared to publicly discuss the issues at the Tuesday meeting, which is often a challenge for Councilmembers given the City’s current report distribution timelines.

For purposes of this report, the following definitions will be used:

Agenda Noticing: The formal disclosure to the public of the items which will be discussed at an upcoming, regularly scheduled City Council meeting.

Report Distribution: The distribution of final staff reports on Council meeting agenda items to the City Council and to the City’s established public distribution points (the City Clerk’s Office, the Sunnyvale Library, and the City’s web site).

The portion of this report referring to meeting agenda notification pertains only to Council agendas for regularly scheduled Council meetings. This report does not address “special” Council meeting agendas (as these meetings are often necessarily conducted on “short notice”). This report also does not address the informal public notification of agenda items, the informal noticing to stakeholders of issues coming before Council, the distribution of “draft” staff reports to stakeholders, boards and commissions, and Council, or the outreach done by staff to keep stakeholders apprised of relevant upcoming Council business. It should be noted, however, that these informal notification systems are important aspects of the City’s community outreach processes regarding City business. In accordance with the City’s administrative policies, staff is required to informally notify stakeholders of the tentative date Council is expected to act on a specific item, and apprise them of the issues at hand. Additionally, “draft” staff reports to Council, approved by the City Manager, are often made available for public review well in advance of Council action to accommodate prior Board or Commission review.

EXISTING POLICY

Planning and Management Element, Community Participation Sub-Element:

Goal 7.2A: Achieve a community in which citizens and businesses are informed about local issues and City programs and services.

Policy 7.2A.2: Publish and distribute information regarding City programs and services, City Council actions, and policy issues.

Policy 7.2C.2 Ensure that appropriate and effective public notification and access, in accordance with City Council policies, are provided to enhance meaningful community participation in the policy-making process.

Goal 7.2D: Assure that all citizens have reasonable access to City information, services, programs, policy makers and staff.

DISCUSSION

This section is in four parts. The first part is a summary of the City’s current practices, including public meeting noticing and report distribution timelines. The second part reviews the results of a survey of Council’s preferences. Third is a summary of the meeting noticing and report distribution practices of neighboring cities as listed in Attachment B, RTC and Agenda Noticing Timelines: Comparisons of Local Cities. The fourth part discusses several options for altering noticing timelines for Council meeting agendas and report distribution.

Part I. Summary of Current Practices

As identified in Table 1, during each of the past three years the City has held 30-40 regular Council meetings (excludes special meetings, closed sessions, study sessions, etc.), which have been supported by 450-500 staff reports pertaining to agenda items.

Table 1: Number of Council meetings and Reports by Fiscal Year

Fiscal Year

# of Council Meetings

# of Staff Reports to Council (RTCs)

2002/03

32

510

2003/04

38

451

2004/05

36

457

Approximately five to eight percent of these reports are “study issues,” which are issues identified by Council in December for in-depth research by staff during the upcoming calendar year. The remaining reports address ongoing City business on issues as various as contract or payment approval, Planning Commission appeals, updates to the City’s legislative policy, etc.

The City’s business is conducted at these Council meetings, and proper preparation is critical to effective City management. Because of the high volume of both meetings and reports, and limited staff resources, the City relies on a finely-tuned formal process for preparing Council agendas and developing and distributing the staff reports. Anecdotally, the City enjoys a reputation for effectively conducting its business in a timely way, and ensuring high quality service to the public. While improvements are always possible and sought after, the Council agenda and report preparation processes have been carefully managed and adjusted over time to sustain that reputation.

Council Meeting Agendas

The City Council meeting agenda serves the following purposes:

informs City Council, the public, the media, and staff, about upcoming City business;
provides a formal review of the City’s business, since all agenda items must be approved by the appropriate department directors and City Manager in order to be presented to the City Council;
ensures conformance with legal requirements including the City Charter;
brings business to the City Council in a timely way, providing Council (and the public) with formal notice of the issues, including staff’s recommendation, for decision and action.

Current Agenda Noticing Practices

The Brown Act requires agendas for regularly scheduled City Council meetings to be posted at City Hall at least 72 hours (three days) prior to the meeting. The City Charter and state law require the public hearing portion of the agenda to be published in a local newspaper (no timeline).

Currently, agendas for regularly scheduled Council meetings are noticed four days in advance (Friday prior to a Tuesday meeting, 24 hours earlier than required by law) in the following manner:

Council agendas are posted at City Hall,
Council agendas are available on KSUN-15, and
Council agendas are posted on the City’s website.

Additionally,

all agendized public hearing items are published in the San Jose Mercury News on Monday before the next day’s scheduled Council meeting;
agenda items concerning land use issues are subject to a host of legally mandated early noticing requirements (see Attachment C, Current Noticing Practices for Private Development Projects). These early noticing practices are executed by the Community Development Department outside of (and in addition to) the City’s regular noticing process.

In addition to this required noticing, a Tentative Council Meeting Agenda Calendar is posted on the City’s website (from a link on the homepage) and is updated weekly. This calendar provides a preview of anticipated Council business items, showing planned dates of upcoming Council meetings and corresponding agenda items for the full calendar year.

Current Agenda Setting and Noticing Process

The current agenda setting and noticing process and timeline strives to provide Council and the public with timely and complete review of City business items given available City resources. The current process also strives to meet the needs of affected community members for timely Council review of issues raised at recent Board or Commission meetings, and Sunnyvale benefits from a very positive reputation in this regard, especially concerning planning and development items.

A summary of the process is as follows: the agenda is set by end of day on Thursday, in advance of the upcoming Council meeting. Items coming to staff or Council’s attention after Wednesday at noon are generally deferred to a later Council meeting. The Mayor and City Manager develop the proposed agenda, followed by review by the department directors at the Wednesday morning Executive Leadership Team (ELT) meeting. The ELT meeting serves two primary purposes regarding the Council meeting: the City Manager assigns staff follow-up as needed from the previous evening’s Council meeting, and directors review the upcoming Council meeting agenda to provide any relevant information from their respective departments. This ensures that both recent Council action and upcoming Council business are communicated City-wide, ensuring that City staff are prepared and able to assist Council in both areas.

Staff Reports to Council

Staff reports to Council are formal attachments to the agenda that provide Council with the information they need in order to have a full understanding of an issue, make an informed decision, and provide direction to staff. The reports are drafted by department staff as appropriate to the subject matter, and approved by the City Manager. The current process protects the integrity of the agenda and its attachments, and ensures that items are addressed in as timely a way as possible.

Current Report Distribution Practices

When reports are distributed to Council, they become subject to disclosure under the Public Records Act. However, there is no legal requirement for “noticing” reports. In other words, the City is not legally required to post reports online or distribute them at public access points. As a general practice, and in accordance with the goals of the General Plan’s Community Participation Sub-Element, the City distributes approved reports to the public four days in advance (on Friday at approximately 7:00 p.m. prior to a Tuesday meeting) in the following manner:

electronic copies of reports are posted on the City’s website, and
hardcopy reports are delivered to Councilmembers.

In addition, hardcopy reports are available at the Library on Saturday and at the City Clerk’s office on Monday before the Tuesday Council meeting.

Currently, the City’s practice is that all reports for the upcoming Council meeting are distributed to Council and the public at the same time: Friday afternoon preceding the Council meeting at approximately 6:00 p.m. This applies to all reports, including those that are completed and approved significantly in advance of deadlines.

Part II. Councilmember Preferences Regarding Timelines for Noticing Agendas and Distributing Reports

Staff conducted an informal survey of Councilmembers to determine their preferences regarding timelines for noticing Council meeting agendas and distributing staff reports.

Survey results found that six out of seven Councilmembers would prefer that reports be made available to the Council and the public earlier than the Friday evening before a regularly scheduled Council meeting (one Councilmember was “neutral” on this issue). All Councilmembers would prefer that Council agendas be noticed earlier (on City bulletin boards and on the City website), and that public hearing items be published in the newspaper earlier.

Based on the survey, Councilmembers felt that certain types of staff reports are more important to make available earlier including: major land use reports, large planning projects, General Plan amendments, major policy issues, and reports involving fee increases or service reductions. A majority of Councilmembers indicated a preference that staff reports be made available to the Council and public one week in advance of a Council meeting, and that Council agendas be noticed at least six days in advance of a meeting. For complete results of the Councilmember survey, see Attachment D, Councilmember Survey Results: RTC and Agenda Noticing.

Part III. Summary of Other Cities’ Practices with Regard to Timelines for Noticing Agendas and Distributing Staff Reports

Staff conducted a survey of the timelines for public noticing for Council meeting agendas and report distribution of neighboring cities. Of the seven cities surveyed, the two with Council meeting schedules similar to Sunnyvale’s (weekly meetings) also noticed their Council meeting agendas and corresponding reports four days in advance of meetings. Cities that hold Council meetings every other week (or twice a month) notice agendas and distribute reports five or six days in advance of meetings. For more information on the survey results, see Attachment B, RTC and Agenda Noticing Timelines: Comparisons of Local Cities. None of the Cities surveyed has a special public noticing timeline for certain types of reports or Council agenda items.

Part IV. Options for Altering Timelines for Noticing Council Agendas and Report Distribution

Below are several options for Council’s consideration for altering timelines for noticing Council agendas and staff report distribution. The advantages, disadvantages, and staff analyses for each option are noted.

Table 2: Options for Altering Timelines for Noticing Council Meeting Agendas for Regularly Scheduled Council Meetings

Options

Advantages

Disadvantages

Staff Analysis

1) Notice agendas five days in advance of meeting

- on Thursday (by 5 p.m.) preceding the Tuesday meeting

The public would have earlier knowledge of the confirmed items Council will be discussing

Time-sensitive issues that develop or are confirmed after the agenda has been set will need to be deferred to a later Council meeting.

This option is feasible but would require significant changes in the City’s internal agenda process

2) Notice agendas six days in advance of meeting

- on Wednesday (by 5 p.m.) preceding the Tuesday meeting

The public would have earlier knowledge of the confirmed items Council will be discussing.

Time-sensitive issues that develop or are confirmed after the agenda has been set will need to be deferred to a later Council meeting.

Because the agenda would need to be set by end of day Tuesday, Council and staff would need to simultaneously focus on two separate Council meeting agendas, adding another layer of complexity to an already complex process.

This option would delay the timeliness of some items brought to Council meetings, prohibit adding agenda items after noon on Tuesday to the following week’s agenda, and would require significant changes in the City’s internal agenda development process.

3) Notice agendas seven days (or more) in advance of meeting

- on Tuesday (by 5 p.m.) preceding the next Tuesday’s meeting

The public would have earlier knowledge of the confirmed items Council will be discussing.

Time-sensitive issues that develop or are confirmed after the agenda has been set will need to be deferred to a later Council meeting.

Because the agenda would need to be set by end of day Monday, Council and staff would need to simultaneously focus on two separate Council meeting agendas, adding another layer of complexity to an already complex process.

This option would delay the timeliness of some items brought to Council meetings, prohibit adding agenda items after noon on Monday to the following week’s agenda, and would require significant changes in the City’s internal agenda development process.

Table 3: Altering Public and Council Distribution Timelines for Staff Reports on Agenda Items

Options

Advantages

Disadvantages

Staff Analysis

1. Distribute hard copies five days in advance of a Tuesday Council meeting.

- hard copies distributed on Thursday at 6 p.m

Distributing reports five days in advance of a Council meeting would provide more time for the Council and the public to read and analyze staff reports.

Departments that carry a large report preparation and/or processing workload would need to adjust their processes, will also require adjustments to the Citywide internal report preparation process.

Would require time for staff to plan and implement new report preparation process and timelines.

2. Post reports online five days in advance of a Tuesday Council meeting

- electronic copies posted on the City’s Web site on Thursday at 7 p.m.

Earlier posting of reports would provide more time for the Council and public to read and analyze staff reports.

Departments that carry a large report preparation and/or processing workload would need to adjust their processes, will also require adjustments to the Citywide internal report preparation process.

For this option to be feasible, staff would need to post RTCs online in PDF format.

Would require time for staff to plan and implement new report preparation and posting process and timelines.

3. Distribute hard copies of reports, and post electronic copies, six days in advance of a Tuesday Council meeting.

- distribute hard copies of reports and post reports to the City’s Web site on Wednesday at 7 p.m.

Distributing reports six days in advance of a Council meeting would provide more time for the Council and public to read and analyze staff reports.

Time-sensitive issues that develop or are confirmed after the agenda has been set will need to be deferred to a later Council meeting.

Because the agenda would need to be set by end of day Monday, Council and staff would need to simultaneously focus on two separate Council meeting agendas, adding another layer of complexity to an already complex process.

In order for this option to be feasible, staff would need to post RTCs online in PDF format.

Would require time for staff to plan and implement new report preparation process and timelines.

Table 3: Altering Public and Council Distribution Timelines for Staff Reports on Agenda Items (Cont’d)

Options	Advantages	Disadvantages	Staff Analysis
4) Distribute reports on certain types of issues earlier. For example: reports involving major land use issues, general plan amendments, fee increases, or service reductions. Staff to develop a list of specific types of reports or issues and corresponding distribution timelines for Council for approval.	Earlier distribution of certain types of reports (for example, one week before a Council meeting) would provide the Council and public more time to read significant or complex reports.	Would require a significant adjustment to the City’s report preparation process and timelines. This option could be difficult to administer without clear criteria detailing which reports require earlier distribution, and will add delay Council review of some reports, it will also add another level of complexity to an already complex report and agenda preparation process.	Would require significant adjustments to the City’s report preparation process. Would require time for staff to plan and implement new report preparation process and timelines. Would require time for staff to develop a list of specific issues or reports, and corresponding timelines, for Council review and approval.
5) Develop draft “Reports to Council” on certain types of issues, and distribute them in the same way that final reports are distributed. Staff to develop a list of specific types of reports or issues that will require draft reports, and corresponding distribution timelines, for Council review and approval.	Broader distribution of draft reports would provide the Council and public more time to become familiar with and provide input to staff and Council.	This option could be difficult to administer without clear criteria detailing which issues would require draft “Reports to Council” and may delay Council review of some reports. The draft report may be different that the City’s final report to Council.	Would require adjustments to the City’s current draft report process which generally provides draft “Reports to Council” only for some issues requiring board and commission review. Draft reports are distributed to Councilmembers at the same time they are distributed to boards and commissions. Would require time for staff to develop a list of specific types of issues or reports and corresponding distribution timelines, for Council review and approval.
6. Release final reports earlier if they are ready and approved in advance of their due date. Staff to develop guidelines for early release of reports.	Would provide more time for the Council and the public to read and analyze some reports early, and may thereby result in having fewer reports to review for any one Council meeting.	None	It is unclear how much impact it will have, since staff has not tracked how many reports are completed and approved significantly in advance of due dates. Would require time for staff to develop guidelines for early release of reports.

Additional Recommendations Re: Noticing of Council Meeting Agendas

To augment the public’s awareness of Sunnyvale Council business, staff is also recommending that the City:

Add contact information to the Council Tentative Agenda Calendar so that members of the public can more easily make inquiries regarding pending agenda items.

FISCAL IMPACT

The fiscal impact of the staff recommendations below would be:

The cost of posting staff reports on the City’s website in PDF format. This would require the City to purchase approximately eleven (this represents the eleven City departments) additional licenses for the PDF software at $237 per license (for a total of $2,607). This cost would be absorbed in departments’ FY2005/06 operating budgets.

Conclusion

The purpose of this study issue is to review the City’s current timelines for noticing Council meeting agendas and distributing corresponding staff reports to Council, and explore whether the City should alter existing timelines. In conclusion, both Councilmembers and the public have indicated a preference for earlier timelines for each. This report presents several options for Council’s consideration.

Some options could result in an additional cost to the City, increased burden on staff, or a delay in the timeliness of items being brought to a Council meeting. Other options are feasible if significant changes in the City’s internal report and agenda processes were implemented.

PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk’s Office. Additionally, the City’s Boards and Commissions were with an opportunity to be briefed on the report. The Neighborhood and Community Resources Manager made a brief presentation to the following boards and commissions: Housing and Human Services, the Personnel Board, and the Bicycle and Pedestrian Advisory Commission. Input was varied and included the following general perspectives:

It would be helpful to notice reports earlier (suggested timeframes varied from one day to one week earlier);
Notice certain types of reports earlier, on a case by case basis;
It would be helpful to notice agendas earlier (suggested time frames varied from one to two days);
No change is necessary, the current system works well; and,
The City should balance earlier notification with expediting City business.

ALTERNATIVES

A. Council directs the public noticing of Council meeting agendas for regularly scheduled meetings five days in advance (on Thursday preceding a Tuesday meeting). Implementation beginning July 1, 2006 for a trial period of six months.

B. Council directs the distribution of hard copies of approved reports to Council five days in advance (on Thursday preceding a Tuesday Council meeting). Reports to be available at established City public access sites on Friday morning. Implementation beginning July 1, 2006 for a trial period of six months.

C. Council directs the online posting to the City’s web site of approved staff reports for regularly scheduled Council meetings five days in advance (on Thursday preceding a Tuesday meeting). Phased implementation beginning no later than July 1, 2006 for a trial period of six months.

D. Council directs distributing hard copies of reports to Council and posting electronic copies six days in advance of a Tuesday Council meeting (on Wednesday preceding a Tuesday Council meeting). Implementation beginning July 1, 2006 for a trial period of six months.

E. Council directs distributing reports on certain types of issues earlier. For example: reports involving major land use issues, general plan amendments, fee increases, or service reductions. Staff to develop a list of specific types of reports or issues, corresponding distribution timelines, and an implementation schedule, for Council approval in January 2006.

F. Council directs developing draft “Reports to Council” on certain types of issues, and distributing them in the same way that final reports are distributed. Staff to develop a list of specific types of reports or issues that will require draft reports, corresponding distribution timelines, and an implementation schedule, for Council approval in January 2006.

G. Council directs noticing agendas six days in advance of meeting (on Wednesday preceding the Tuesday meeting). Staff to return to Council in three months with proposed implementation date for trial period.

H. Council directs noticing agendas seven days (or more as determined by Council) in advance of meeting (on Tuesday preceding the Tuesday meeting). Staff to return to Council in three months with proposed implementation date for trial period.

I. Council directs distributing final reports earlier if they are ready and approved in advance of their due date. Staff to develop guidelines for early release of reports. Implementation beginning July 1, 2006 for a trial period of six months.

J. Council directs adding contact information to the Council Tentative Agenda Calendar so that members of the public can more easily make inquiries regarding pending agenda items.

K. Continue current practices.

L. Other direction as provided by Council.

RECOMMENDATIONS

Staff recommends Alternatives A, B, C, I and J:

J. Council directs adding contact information to the Council Tentative Agenda Calendar posted on the City Web site so that members of the public can more easily make inquiries regarding pending agenda items.

These recommendations address the desire for the Council and public to have more time to review agendas and reports with only limited impacts to existing City resources, and timelines for addressing City business. Since some reports are quite complex, distributing them one day earlier may still be insufficient to meet the public’s and Council’s preference for an increased review period. However, several of the recommendations work to mitigate this issue. The report distribution recommendations enable reports to be processed without the significant delays (inherent in the report generation and review process) that may result from earlier deadlines for distribution.

Reviewed by:

Robert Walker, Assistant City Manager

Prepared by: Coryn Campbell, Manager

Neighborhood and Community Resources

Approved by:

Amy Chan

City Manager

Attachments

A. Study Issue Paper: RTC Posting and/or Agenda Noticing Timelines for City Council Agenda Items

B. RTC and Agenda Noticing Timelines: Comparisons of Local Cities (.pdf file)

C. Current Noticing Practices for Private Development Projects

D. Councilmember Survey Results: RTC and Agenda Noticing (.pdf file)