January 24, 2006
SUBJECT: Earlier Public Release of Certain Types of Reports to Council
REPORT IN BRIEF
On October 4, 2005, Council requested that staff present in January, 2006, a report regarding the specific types of Council reports staff would recommend be distributed to Council and the general public earlier than 5 days in advance of Council taking action on said reports. This report discusses related options and recommends that all “study issues” and all reports taken before the Planning Commission be provided to Council and the general public one week in advance of Council meetings. Staff further recommends that Council identify during each update of its “Tentative Council Meeting Agenda Calendar” any other specific reports it would like to see distributed earlier than 5 days in advance of a Council meeting, along with customized deadlines.
BACKGROUND
On October 4, 2005, staff delivered a Report to Council 05-286 titled “Timelines for Noticing Council Meeting Agendas and the Distribution of Agendized Reports to Council” (please see Attachment A: RTC 05-286). Two concerns brought this issue forward: Council’s interest in receiving reports earlier in order to have sufficient time to review them prior to taking action; and the public’s preference for earlier notice of specific Council business and earlier access to corresponding reports.
Following a public hearing on October 4, 2005, City Council determined that:
1. The public noticing of Council meeting agendas for regularly scheduled meetings should occur five days in advance of the meeting (on Thursday preceding a Tuesday meeting) as opposed to the current four days in advance. Implementation to begin July 1, 2006 for a trial period of six months;
2. The public distribution of hard copies of approved reports to Council should occur five days in advance (on Thursdays preceding Tuesday meetings) as opposed to the current four days in advance. Reports to be available at the Library and the City Clerk’s Office on Friday morning. Implementation to begin July 1, 2006 for a trial period of six months;
3. The online posting to the City’s Web site of approved staff reports for regularly scheduled Council meetings should occur five days in advance (on Thursdays preceding Tuesday meetings). Phased implementation beginning no later than July 1, 2006 for a trial period of six months;
4. Final reports to Council should be distributed earlier than noted in #1 above whenever they are ready and approved in advance of their due date. Staff to develop guidelines for early release of reports. Implementation to begin July 1, 2006 for a trial period of six months;
5. Contact information should be added to the Tentative Council Meeting Agenda Calendar posted on the City Web site so that members of the public can more easily make inquiries regarding pending agenda items; and
6. The distribution of certain types of reports should occur earlier than noted in #1 above. Council requested that staff return to Council in January, 2006 with its recommendation regarding the specific types of reports to be delivered earlier, corresponding timelines, and a proposed implementation schedule.
Staff is currently preparing to implement Council’s policies relative to Numbers 1 through 5 effective July 1, 2006. This report is intended to respond specifically to number 6 (in bold above).
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
Beginning July 1, 2006, and on a six-month trial basis, Council will be provided all Reports to Council, regardless of the subject matter, one day earlier than usual. This will provide Councilmembers and the general public five days with which to review and digest reports, as opposed to the current four days. In addition, any report to Council which is approved and signed by the City Manager even further in advance will be provided to City Council and the general public as soon as it is finalized.
The purpose of this report is to identify specific types of reports which, based on the nature of the subject matter involved, and as a matter of standard practice, staff would recommend be distributed to Council even further in advance. Council has requested that staff identify those types of reports it would recommend be provided earlier, along with its recommendation regarding how far in advance they should be made available. The remainder of this section is devoted to discussing these issues.
Please note that this report does not address draft reports to Council, which typically are distributed well in advance of Council meetings due to the necessity of prior Board and/or Commission review. During the pilot project already approved by Council to commence on July 1, 2006, all draft reports to Council will be made available the same date that they are provided to the Board or Commission, which is generally weeks in advance of scheduled Council action. For many Boards and Commissions, this represents no change. For others, such as the Planning Commission, this will result in earlier distribution of draft reports as well. All of the discussion which follows pertains to final reports to Council.
I. Types of Reports to be Provided Earlier
Staff reports to Council can be categorized a number of ways. Accordingly, Council could opt to use one or more of these categories to distinguish those types of reports it wishes to receive sooner than five days in advance of a public meeting:
Option 1: Require that all final reports with a Board and/or Commission’s recommendation be provided earlier.
PROS, CONS AND CHALLENGES
These reports would be easy to identify. However, not all reports going before a Board or Commission warrant a longer review period by Council. Boards and Commissions review reports covering specific policy subject matter, without regard to whether or not the policy is simple or complex, mundane or controversial.
Option 2: Require that all final reports authored by specific Departments be provided earlier (e.g., Community Development Department, Department of Public Works, etc.).
PROS, CONS AND CHALLENGES
This would be relatively easy to administer, as any report can easily be sorted or categorized by authoring Department. The challenge associated with this option is that it might not be very helpful in terms of separating out those types of reports which would warrant earlier review by Council. Every Department composes simple reports of relatively minor consequence as well as fairly complex reports with significant policy ramifications. Creating different report deadlines based simply on authoring Departments may not result in the type of distinction Council is seeking.
Option 3: Require that all final reports involving a particular subject matter be provided earlier (e.g., land use issues or traffic issues or user fees).
PROS, CONS AND CHALLENGES
Often this will be the same as by Department (i.e., planning issues will be associated with the Community Development Department whereas traffic issues will be authored by the Public Works Department). However, there are any number of subjects which cross departmental boundaries: “Cell Towers in Parks”, for example, is an Information Technology issue, a Community Development issue, and a Parks and Recreation issue.
As with option 1 above, it would be relatively easy to sort reports by this definition. However, the challenge associated with this option is also the same as #1 above: that is, it might not be very helpful in terms of separating out those types of reports which would warrant earlier review by Council. Traffic issues and planning issues can be mundane and ministerial or complex and controversial. Creating different report deadlines based simply on generic subject matter may not result in the type of distinction Council is seeking.
Option 4: Require all final reports affecting community members city-wide vs. those affecting a smaller group of community members be provided earlier.
PROS, CONS AND CHALLENGES
This would sort reports in a way that could help address Council’s desire to have more time to digest issues complex in nature, or which will have significant impact on the community. The challenge associated with this option is that it would require a good deal of subjectivity to employ—determining those issues which have city-wide significance would not be as easy as it sounds, and could clearly be a matter of much debate among members of staff, the Council, and the general public.
Option 5: Require that all final reports that would have a significant as opposed to minor affect on individuals (regardless of how many individuals were affected) be provided earlier.
PROS, CONS AND CHALLENGES
Same as for #4 above. This would require a good deal of subjectivity and would likely result in differences of opinion as to whether or not reports were properly classified as meeting established criteria.
Option 6: Require that all final reports dealing with “complex” as opposed to “simple” issues be provided earlier.
PROS, CONS AND CHALLENGES
Same as for numbers 4 and 5 above. Everyone’s interpretation of what constitutes a “complex” report will likely be different.
Option 7: Require that all “Study Issue” reports be provided earlier. Each year in Sunnyvale, City Council prioritizes for study a number of relatively important policy issues. These are known as “Study Issues”.
PROS, CONS AND CHALLENGES
Like options 1 through 3, these reports would be easy for staff to identify (they either have or have not been identified by Council as a “Study Issue”). Like options 4 through 6, this sorts reports in a manner that could help address Council’s desire to have more time to digest reports which are complex in nature, or which will have significant impact on the community. More often than not, this is the nature of a “Study Issue”.
Option 8: Identify during each update of Council’s “Tentative Council Meeting Agenda Calendar”, those specific reports Council would like to see distributed earlier.
PROS, CONS AND CHALLENGES
This option would not attempt to generically define any particular “type” of report warranting earlier review by Council. Rather, Council would consciously identify each of those reports it wished to see earlier at the time the report was placed on Council’s Tentative Agenda Calendar. That is, as Council reviewed the Tentative Council Meeting Agenda Calendar it would identify any report it wished to see earlier than 5 days in advance. Staff would then determine whether this earlier distribution of the report could be accomplished within the originally scheduled timeframe, or whether the originally scheduled Council action date would need to be moved as well.
Option 9: Any combination of numbers 1 through 8 above.
II. Timing of Distribution
During the pilot project, staff will as a routine practice be distributing final reports to Council one day earlier than usual, allowing Council and the general public 5 days to review them before taking action. Some reports, regardless of the subject matter involved, will come even earlier to Council simply because they have been finalized by staff earlier than anticipated. This represents the basic service level to be provided during the pilot project. Below are three additional timing options which could be implemented based on the specific types of reports involved.
Option 1
Under Option 1, specific types of reports (as determined by Council) would be provided earlier, with different deadlines for different types of subject matter. (e.g., traffic-related reports might be delivered “x” days in advance, while fee-related reports were delivered “y” days in advance and major land use reports were delivered “z” days in advance).
PROS, CONS AND CHALLENGES
This option provides a good deal of flexibility, allowing Council to establish different deadlines for different types of reports. It could, however, be a bit difficult to administer depending on the number of different deadlines requested (for example, a different deadline for each Department or different type of report)).
Option 2
Under Option 2, specific types of reports would be provided earlier, but all would be provided the same number of days in advance (e.g., a full week in advance of the Council meeting) as opposed to being assigned different timelines based on subject matter.
PROS, CONS AND CHALLENGES
This option provides a bit less flexibility, but would be more easily understood by the community and more easily implemented by staff.
Option 3
Under Option 3, Council would customize deadlines for any reports it wished to see earlier than 5 days in advance (i.e., the deadline would vary based on the individual report involved)
PROS, CONS AND CHALLENGES
This option also provides a great deal of flexibility, but would require more on-going effort on the part of both Council and staff to implement.
III. Manner of Distribution
While staff was not asked to explore the manner in which it would distribute earlier reports to Council, staff does want Council to be aware of related impacts. To stay within the existing budget approved by Council, staff intends during the pilot project (unless otherwise directed by Council) to distribute hard copies of final reports due 5 days in advance of a Council meeting in accordance with standard operating procedure (i.e., in weekly Council mail packets, with hard copies distributed to the Library and the City Clerk’s Office. Council packets will simply be distributed one day earlier than usual—on Thursday evening as opposed to Friday); any earlier distribution of specific types of reports (for example, if Council determines it would like to see all planning reports one week prior to a Council meeting) will be performed via email to Council, with an online (Web site) posting for the general public. Hard copies of those reports would then follow in accordance with the standard operating procedure described above. This will prevent the necessity of printing and distributing hard copies twice. Reports which are finalized earlier than anticipated (without regard to subject matter) will be distributed in similar manner (i.e., via email and online posting until hard copies are distributed 5 days in advance of the Council meeting).
FISCAL IMPACT
There is no known fiscal impact associated with the recommendations presented in this report. However, one of the reasons staff initially recommended a six-month pilot program for the earlier posting of agendas and delivery of reports was due to an inability to foresee all the possible ramifications associated with implementation. If during the six-month pilot program staff becomes aware of fiscal impacts, those will be communicated to Council upon completion of the pilot.
Conclusion
Council and the public would like more time to review and consider staff reports. Recent Council action ensures that during a six-month pilot project beginning July 1, 2006, all staff reports to Council will be distributed to Council and the general public one day earlier than usual (5 days in advance of a Council meeting as opposed to the normal 4). In addition, staff reports that are finalized earlier than expected (regardless of subject matter) will be distributed to Council and the general public as soon as they are ready. This report concludes that it would be possible to provide certain reports even sooner than others based on subject matter or content, and provides Council
several related options from which to choose.
PUBLIC CONTACT
Public contact was made through the 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. Copies of this report were also shared with each of the City’s Boards and Commissions.
ALTERNATIVES
(Options 1-8 deal with types of reports to be distributed earlier)
1. Require that all final reports with a Board or Commissions’ recommendation be provided to Council earlier than 5 days in advance of Council meetings.
2. Require that all final reports from one or more operating Departments (e.g., Public Safety, Public Works, etc.) be provided to Council earlier than 5 days in advance of Council meetings.
3. Require that all final reports related to one or more types of subject matter (e.g., planning issues, personnel issues, utility rates, etc) be provided to Council earlier than 5 days in advance of Council meetings.
4. Require that all final reports affecting at least a certain number of people or percent of the community be provided to Council earlier than 5 days in advance of Council meetings.
5. Require that all final reports with a “significant” as opposed to “minor” impact on the public be provided to Council earlier than 5 days in advance of Council meetings.
6. Require that all final reports of a “complex” as opposed to “simple” nature be provided to Council earlier than 5 days in advance of Council meetings.
7. Require that all Study Issue reports be provided to Council earlier than 5 days in advance of Council meetings.
8. Council to identify during each update of Council’s “Tentative Council Meeting Agenda Calendar” any specific reports it would like to see distributed earlier than 5 days in advance of Council meetings;
(Options 9-11 deal with the timing of distribution or release of reports)
9. Require different types of reports identified by Council as needing to be provided earlier than 5 days in advance to be provided different amounts of time in advance (specific amounts of time for specific types of reports to be determined by Council).
10. Require all reports identified by Council as needing to be provided earlier than 5 days in advance to be provided the same amount of time in advance (specific amount of time to be determined by Council).
11. Council to customize deadlines for any reports it wishes to see earlier than 5 days in advance based on the individual report involved.
12. Any combination of numbers 1 through 12 above.
RECOMMENDATION
Staff recommends a combination of Alternatives 1, 3, 7, 8 and 11: that all reports taken before the Planning Commission and that all reports designated as “Study Issues” be provided to Council and the general public one week (7 calendar days) prior to Council taking action. While some planning issues taken before the Commission will be relatively simple and non-controversial, the effort to create two processes for Planning Commission reports, as well as the challenges posed by varying interpretations of what constitutes a “significant” issue, prompt staff to recommend that all reports going before the Planning Commission be provided in accordance with the same timeline. Study Issues by definition more often than not revolve around policy issues of significant interest to at least a portion of the community. To minimize confusion and to streamline the process, staff recommends that the deadline for submitting all these reports be the same (i.e., one week prior to Council’s scheduled action).
Staff further recommends that Council identify during each update of its “Tentative Council Meeting Agenda Calendar” any other reports it would like to see distributed earlier than 5 days in advance of a Council meeting; and when doing so, staff recommends Council customize the deadline for the individual report involved. This option would provide Council any additional flexibility it desired in terms of having reports distributed earlier than normal.
Approved by:
Amy Chan, City Manager
Prepared by: Robert A. Walker, Assistant City Manager
Attachments
A. RTC 05-286: Timelines for Noticing Council Meeting Agendas and the Distribution of Agendized Reports to Council (Study Issue)