HomeMy WebLinkAbout09-19-2023 Youth Commission Meeting Agenda
Saratoga Youth Commission Agenda – September 19, 2023 – Page 1 of 3
SARATOGA YOUTH COMMISSION
SPECIAL MEETING
SEPTEMBER 19, 2023
AMENDED AGENDA
• REMOTE LOCATION ADDED
6:30 P.M. SPECIAL MEETING
Saratoga City Hall, Linda Callon Conference Room · 13777 Fruitvale Avenue, Saratoga CA 95070
Public Participation Information
In accordance with Saratoga City Council’s Remote Public Participation Policy, the public may
participate in person at the location listed above on the agenda or via the Zoom platform
using the information below.
• Webinar URL: https://us02web.zoom.us/j/87118134329
• Webinar ID: 871 1813 4329
• Call In: 1.408.638.0968 or 1.669.900.6833 (enter the Webinar ID provided above when
prompted)
In Person:
• Saratoga City Hall, Linda Callon Conference Room, 13777 Fruitvale Avenue, Saratoga,
CA, 95070
• 7350 Johnson Dr Pleasanton, CA 94588 United States
Written Communications
Comments can be submitted in writing at www.saratoga.ca.us/yc. Written communications
received prior to the end of the comment period will be provided to the members of the
commission and included in the agenda packet and/or supplemental meeting materials.
Public Comment
Members of the public may comment on any item for up to three (3) minutes. The amount
of time for public comment may be reduced by the Chair or by action of the Commission.
Public Comment will begin with speakers attending in person first followed by those
attending via Zoom.
ROLL CALL
Saratoga Youth Commission Agenda – September 19, 2023 – Page 2 of 3
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on September 14, 2023.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the Youth Commission for up to three (3) minutes on
matters not on the Agenda. The law generally prohibits the Youth Commission from discussing or
taking action on such items. However, the Youth Commission can schedule the item for discussion
at a future meeting.
AGENDA ITEMS:
1. Tour of City Hall
Recommended Action:
Take a tour of the Saratoga City Hall campus and facility spaces that have been commonly
used for Youth Commission efforts in previous years.
2. Commissioner Handbook
Recommended Action:
Receive presentation on handbook, roles, and expectations of a Youth Commissioner.
Commissioner Handbook
Rules of Parliamentary
3. Brown Act & Communications
Recommended Action:
Receive presentation from staff about the Brown Act and communications.
Brown Act FAQ
5. Review of 2022-2023 Youth Commission Work Plan
Recommended Action:
Review previous year’s workplan and calendar of events.
Work Plan
22-23 Schedule
6. Subcommittee Execution
Recommended Action:
Receive presentation on the role of subcommittees and how to execute them.
Process Guide
7. Youth Commission Apparel
Recommended Action:
Select a piece of apparel for the Youth Commission 2023-2024 year. Share input on
designs and color if decided.
Saratoga Youth Commission Agenda – September 19, 2023 – Page 3 of 3
8. Agenda Planner 2023-2024
Recommended Action:
Discuss agenda items for 2023-2024.
22-23 Agenda Planner
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET,
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Ramona McGary, Administrative Analyst for the City of Saratoga, declare that the foregoing agenda for the meeting of
the Youth Commission was posted and available for review on September 14, 2023, at the City of Saratoga, 13777
Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us.
Signed this 14h day of September 2023 at Saratoga, California.
Ramona McGary, Administrative Analyst
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Youth
Commission by City staff in connection with this agenda, copies of materials distributed to the Youth Commission
concurrently with the posting of the agenda, and materials distributed to the Youth Commission by staff after the posting
of the agenda are available on the City Website at www.saratoga.ca.us. Following removal of State and local shelter in
place orders these materials will be available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga,
California.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please
contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City
will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety. [28 CFR 35.102-35.104 ADA title II]
CIT Y o f S ARATO
G
A
CALIF O R N I A1956
sara toga Britt Avrit, Saratoga City Clerk
13777 Fruitvale Avenue, Saratoga CA 95070
408.868.1294 • bavrit@saratoga.ca.us
Commission
Handbook
Revised March 2023
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Table of Contents
The City of Saratoga Welcomes You ............................................................................................ 3
About Saratoga’s Commissions .................................................................................................... 4
Heritage Preservation Commission ...................................................................................... 4
Library & Community Engagement Commission ................................................................ 4
Parks and Recreation Commission ....................................................................................... 4
Planning Commission ............................................................................................................ 5
Public Art Commission ........................................................................................................... 5
Traffic Safety Commission ..................................................................................................... 5
Youth Commission ................................................................................................................. 5
Commission Administration & City Policies ................................................................................ 6
Eligibility .................................................................................................................................. 6
Application and Selection Process ........................................................................................ 6
Terms ...................................................................................................................................... 7
Oath of Office ......................................................................................................................... 7
Form 700 Statement of Economic Interests ........................................................................ 7
Saratoga Code of Ethics and Values ..................................................................................... 7
Attendance Requirements ..................................................................................................... 8
Resignation ............................................................................................................................. 8
Removal .................................................................................................................................. 8
Use of Title or City Resources for Non-City Business .......................................................... 8
Participation in Political Activities ......................................................................................... 8
Expression of Opinions by Commissioners ......................................................................... 9
Compensation ........................................................................................................................ 9
Commission Budget ............................................................................................................... 9
Reimbursement .................................................................................................................... 10
E-Communications ............................................................................................................... 10
Regular Meetings .................................................................................................................. 10
Special Meetings ................................................................................................................... 11
Agenda .................................................................................................................................. 11
Agenda Packets .................................................................................................................... 11
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Quorum ................................................................................................................................. 11
Minutes ................................................................................................................................. 11
Meeting Recordings ............................................................................................................. 12
Saratoga Rules of Parliamentary Procedure ...................................................................... 12
Public Hearings ..................................................................................................................... 12
Public Comment ................................................................................................................... 13
Length of Meetings .............................................................................................................. 13
Meeting Decorum ................................................................................................................ 13
Effective Meetings ................................................................................................................ 14
Role of the Chair ................................................................................................................... 15
Working Relationships ................................................................................................................ 17
Working with Other Commission Members ...................................................................... 17
Working with City Staff ......................................................................................................... 17
Working with the City Council ............................................................................................. 17
Commission Work Plans ...................................................................................................... 18
Working with the Public ....................................................................................................... 18
Effective Conflict Management ........................................................................................... 18
Ethics, Public Records, and Open Meeting Laws....................................................................... 20
Political Reform Act and Conflicts of Interest .................................................................... 20
California Public Records Act............................................................................................... 22
The Brown Act ...................................................................................................................... 22
Government in Saratoga ............................................................................................................. 24
Role of the City Council ........................................................................................................ 24
Council-Manager Form of Government ............................................................................. 24
Appendix ...................................................................................................................................... 28
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The City of Saratoga Welcomes You
Congratulations on your recent appointment to one of Saratoga’s Commissions. Your
appointment is an honor, reflecting the City Council’s confidence in your ability and
judgment. The City Council and staff look forward to working with you and receiving the
benefit of your insight and guidance.
As a Commissioner you will serve in an advisory capacity to the City Council and will be
helping to address community needs. In this role, you can share your vision and to help mold
Saratoga’s future.
This handbook has been prepared to provide information about the functions and
responsibilities of a Commissioner. The handbook is designed to contribute to your general
knowledge and understanding of public affairs and to aid in identifying the scope and
parameters of your role as a Commissioner.
Service to the City provides an opportunity to gain a greater understanding of the issues
facing municipal government and to become actively involved in resolving those concerns in
a manner that reflects the best interests of the community. The City hopes that you will enjoy
your tenure as a vital part of the City’s team and sincerely thanks you for your willingness to
serve your community.
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About Saratoga’s Commissions
The City Council is assisted by seven Commissions: Heritage Preservation Commission,
Library & Community Engagement Commission, Parks & Recreation Commission, Planning
Commission, Public Art Commission, Traffic Safety Commission, and Youth Commission.
Created by Council legislation, all of Saratoga’s Commissions were established to provide
citizen input and advice in specific areas.
The primary purpose of a Commission is to gather information, weigh public opinion, and
carefully examine issues to make recommendations to the Council. The City’s Commissions
play an essential component in the decision-making process. Each Commission studies
issues within its area of specialization, expands the opportunity for citizen input and
participation, and ultimately provides valued recommendations to the Council. As advisory
bodies, the Commissions are not authorized to set City policy. However, the Planning and
Heritage Preservation Commissions are authorized to make decisions on certain types of
development applications. These decisions may be appealed to the City Council.
The City’s Commissions are comprised of five or seven members. The Library, Heritage
Preservation, Parks & Recreation, Public Art Commission, and Traffic Safety Commission
each have five members. The Planning Commission has seven members. The Youth
Commission has eleven members, who are Saratoga residents in school grades seven
through twelve.
Heritage Preservation Commission
The Heritage Preservation Commission is responsible for considering proposed
modifications to designated historic landmarks, lanes and districts, advising the Community
Development Department in connection with projects that may affect heritage resources,
conducting property surveys to establish an official inventory of heritage resources within
the City of Saratoga, and for recommending proposals for historic landmarks, lanes, district
designations, and heritage trees to the City Council.
Library & Community Engagement Commission
The Library & Community Engagement Commission serves as an advisory body on library
policies, budgets, plans, and procedures to the City Council, City staff, and the Santa Clara
County Library staff. The Commission also provides counsel and recommendations to the
Saratoga City Council on increasing public engagement in City government, supporting
cultural and artistic programs in the community, and fostering a stronger, more inclusive
community. One member is nominated by the City of Monte Sereno.
Parks and Recreation Commission
The Parks and Recreation Commission advises the Council on a variety of matters as they
relate to parks and recreation. Principally, the Commission serves as a conduit between the
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public and the Council, assesses public input, collects information, and makes
recommendations to the Saratoga City Council.
Planning Commission
The Planning Commission works to maintain the unique character of Saratoga by ensuring
that the physical development of the City is consistent with the environmental, social, and
economic goals set forth in the City’s General Plan. The Planning Commission is also
responsible for considering appeals of decisions made by the Community Development
Department and acting on applications for use permits, major design reviews, and other
planning approvals.
Public Art Commission
The Public Art Commission serves in an advisory capacity to the Council on public art policies,
budgets, plans, and procedures to the Saratoga City Council. As directed by the City Council,
the Commission will evaluate and assess public art projects or programs and perform such
other activities as may be directed by the Saratoga City Council.
Traffic Safety Commission
The Traffic Safety Commission investigates, reviews, and analyzes traffic safety issues raised
by the residents and public safety agencies. This Commission provides a venue for the public
to express concerns regarding traffic safety issues. The Traffic Safety Commission makes
recommendations to the City regarding traffic safety.
Youth Commission
The Youth Commission works to enhance the wellbeing of local youth, offer positive
influences on teens, and provide opportunities for youth involvement in the community.
Youth Commissioners serve as teen leaders, communicate with the City Council regarding
current youth issues, plan, promote, and participate in community events, fundraisers, and
social and educational activities.
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Commission Administration & City Policies
This section of the handbook describes the process of being selected for a Commission and
includes information on a range of issues that typically arise while serving on a Commission.
Eligibility
All applicants must be residents of the City of Saratoga. However, there are exceptions to
this requirement. One member of the Library Commission may be a Monte Sereno resident
nominated by the Monte Sereno City Council.
For the Heritage Preservation Commission, one member is nominated by the Saratoga
Historical Foundation and a minimum of two members shall be appointed from among the
disciplines of architecture, history, architectural history, planning, archeology, or other
historic preservation related disciplines such as urban planning, architecture/construction,
American studies, American civilization, cultural geography or cultural anthropology, to the
extent that such professionals are available in the community. The candidate nominated by
the Saratoga Historical Foundation can qualify as this professional member.
Youth Commissioners must be residents of Saratoga in grades 7 through 12. To be
considered for appointment, applicants must be eligible to serve a full 2-year term.
Consequently, Saratoga residents that will be in the 12th grade during their first year on the
Commission are not eligible to apply.
Elected officials and City employees may not serve on any City Commission. Membership on
City Commissions is also limited to service on one Commission at any one time.
Prior to their interview with the City Council, applicants must first attend a meeting of the
Commission for which they are applying.
Application and Selection Process
When a vacancy occurs on a Commission, information about the recruitment is posted on
the City’s website to solicit applications. Applicants are required to complete the application
and supplemental questionnaire and submit both forms to the City Clerk’s Office by the given
deadline.
A separate application is required for each Commission to which the applicant wishes to
apply.
The City Council conducts interviews of Commission applicants as part of a City Council
meeting. Interviews are typically held at City Hall in the Linda Callon Conference room prior
to the 7:00 p.m. Council Meeting. The Mayor or City Clerk will notify the applicants of the
results after the interviews.
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Terms
The regular term length of most Commissions is 4 years. Members of the Youth Commission
are appointed to 2-year terms. Additionally, Youth Commissioners may not serve
consecutive terms. All other Commissioners may serve two consecutive four-year terms and
may only be appointed again to that Commission after at least one year following the
expiration of his or her term. A partial term served because of an appointment to fill a
vacancy or realign term staggering, is not considered a full term.
For each Commission, the terms of the Commissioners are staggered such that each year
the four-year terms of approximately an equal number of the Commissioners will expire. For
example, a seven-member Commission would have two terms ending each year and one
term ending on the fourth year. Staggering of terms does not apply to the Youth
Commission.
Staff notifies Commissioners when they approach the end of their term. For those interested
in and eligible for reappointment, an updated application is required.
Oath of Office
Commissioners are required to take an Oath of Office prior to assuming their duties.
Commissioners are usually scheduled to take the Oath of Office at the beginning of a City
Council Meeting, which are held on the first and third Wednesday of the month at 7:00 p.m.
Commissioners can also take the Oath of Office with the City Clerk during regular office
hours.
Form 700 Statement of Economic Interests
All Commissioners, except members of the Youth Commission, must file the Fair Political
Practices Commission’s (FPPC) Form 700 Statement of Economic Interests within 30 days of
taking the oath of office. Additionally, all Commissioners are required to file the Form 700
annually (usually due the first week of April) and within 30 days of leaving office. The City
Clerk provides each new Commissioner with the necessary information to file the Form 700
electronically. Additional information about the Form 700 is provided later in the handbook.
Saratoga Code of Ethics and Values
The City Council has adopted a Code of Ethics and Values stating the proper operation of
democratic government requires decision-makers to be independent, impartial, and
accountable to the people they serve. The Code of Ethics and Values promotes and maintains
the highest standards of personal and professional conduct in the City’s government. All
elected and appointed officials, City employees, volunteers, and others who participate in
the City’s government are required to subscribe to this Code, understand how it applies to
their specific responsibilities, and practice its nine core values in their work. The Code applies
to all Commissioners. A copy of the Code of Ethics and Values is included in the appendix.
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Attendance Requirements
If a Commissioner is absent without permission of the Chair (or in the case of the Chair,
permission from the Mayor) from three regular Commission meetings within a 12-month
period, the Commissioner’s position becomes vacant and is filled as any other vacancy. A
Commissioner removed from his or her position in this manner may request that the
vacancy be excused by filing a letter with the City Clerk within 30 days of the effective date
of the vacancy. It should be noted in the minutes if a Commissioner’s absence is excused.
Resignation
Members wishing to resign from their Commission prior to the expiration of their term
should submit a letter to the City Council and City Clerk stating their intention and the
effective date of the resignation.
Removal
All Commissioners serve at the pleasure of the City Council. The City Council may remove
any Commissioner from office prior to the expiration of the Commissioner’s term by a
majority vote.
Use of Title or City Resources for Non-City Business
Like all City officials, Commissioners may not use their official title or City equipment for non-
City business.
Participation in Political Activities
Acceptance of an appointment to a Commission does not generally restrict individual citizen
participation in political activities of the individual’s choosing at any level of government, be
it local, state, or federal. Commission members may not, however, use their appointed office,
title, or City resources in the conduct of such activity. State law provides that City Council
Members, Commissioners, and employees may not:
Use their office, authority or influence to obtain a change in position or compensation in
exchange for a particular vote or political action by the official or employee. This includes
urging or discouraging an individual employee to engage in or refrain from specific action.
(Government Code 3204)
Directly or indirectly solicit political funds or contributions from other officers or employees
of the local agency unless the communication is made to a significant segment of the public,
which may include officers and employees of the local agency. (Government Code 3205)
Directly or indirectly offer to increase the compensation or salary of another in exchange for
a contribution or loan to any committee controlled directly or indirectly by the person who
holds or is seeking election to an office. (Government Code 3205.5)
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Accept, solicit, or direct a campaign contribution of more than $250 from any applicant or
others with a financial interest participating in a proceeding on a license, permit, or other
entitlement before the Commission while the proceeding is under consideration or within 3
months following the date of the final decision. If a Commissioner receives a contribution of
more than $250 from an applicant or others with a financial interest in a proceeding on a
license, permit, or other entitlement in the 12 months before the proceeding, then the
candidate must disclose the contribution and cannot participate or in any way influence the
decision on the proceeding. (Government Code 84308)
Expression of Opinions by Commissioners
In accordance with the City Council Norms of Operation, when a Commission member
addresses the City Council, another Commission, or the public, the Commissioner should
make it clear whether he or she is speaking on behalf of the Commission or as an individual.
Individual members of Commissions may not represent their personal opinions or
recommendations as those of the Commission unless the Commission has voted to approve
such views and authorized the individual to speak on the Commission’s behalf.
Commissioners should clearly state that their opinions are being expressed as their personal
views. The Chair is welcome to attend Council meetings and may make a report about the
Commission but should note that the report is being made in his or her personal capacity
and not as a Commission member unless the Commission has specifically authorized the
report.
In addition, when a Commissioner makes a public statement on behalf of his or her
Commission it should not include promises that may be construed to be binding on the City.
Because Commissions are advisory to the City Council, when making a public statement,
members should indicate that Commission actions are recommendations only and that final
action will be taken by the City Council. This does not apply to matters that the Heritage
Preservation Commission and Planning Commission are authorized to decide without
further action by the City Council.
Compensation
Commissioners do not receive compensation or benefits of any kind, except for Planning
Commissioners who receive a stipend of $150.00 per month.
Commission Budget
All Commission operational expenses and revenues (including donations) must be approved
in advance by the City Council. Appropriations and revenue sources for the City Council and
other City programs, including Commissions, are shown in the City’s budget. City staff
oversees the Commission’s budget. A copy of the City’s Donation Policy is included in the
appendix.
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Reimbursement
In March 2015, the City Council adopted the Council and Commission Expense Policy. This
policy describes how City funds can be used by Commissioners for training and travel
purposes. A copy of the policy is included in the appendix.
Commissioners who receive stipends or reimbursements are required to participate in
Assembly Bill (AB) 1234 ethics training described in the following section on ethics, public
records, and open meeting laws. Commissioners should work with their staff liaison to
process reimbursements.
E-Communications
All Commissioners use their personal email for City business and must include their staff
liaison on all City business emails. Each Commission has a web page link for the public to use
to contact Commissioners. The Commission staff liaison must be copied or provided a copy
of all E-Communications concerning City business.
State law prohibits discussion or exchange of facts among Commissioners about
Commission issues via e-communications. This may include email, online forums, social
media, or blogs. This ensures that the public and all Commissioners have an equal
opportunity to express and hear all views.
Additionally, use of e-communications (for example, use of a phone, sending emails, or text
messaging) is prohibited during meetings. This does not include telephone calls or other
messages sent in the event of an urgent family matter.
The E-Communications Policy was amended in 2021 to reflect changes in the Brown Act
related to use of social media platforms, such as Twitter, Facebook, and Instagram.
Commissioners may engage in separate conversations with members of the public on Social
Media Platforms to answer questions, provide information, and request information from
the public on a matter of City business. Commissioners may not respond directly to any
communication on a social media platform post made or shared by another member of the
Commission. This prohibition applies to commenting and posting emojis or other images,
including clicking on a reactive symbol.
Regular Meetings
Each Commission holds regularly scheduled meetings on days, times, and at places
established by City Council Resolution. All meetings are open to the public. Each regular
meeting is noticed by posting an agenda that includes a brief general description of each
item to be discussed. The agenda must be posted at least 72 hours before a regular meeting.
The Council adopted a Remote Public Participation Policy on June 16, 2021. This Policy states
that City Council, Council Committee, and Commission meetings held in the Civic Theater
and Linda Callon Conference Room will include an option for the public to participate
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remotely as well as in person. To the greatest extent possible, all City Council, Council
Committee, and Commission meetings will be scheduled in either the Civic Theater or Linda
Callon Conference Room to provide the public with the opportunity to participate in
meetings from remote locations.
Special Meetings
A Commission may call a special meeting by providing notice 24 hours in advance of the
meeting and informing media outlets which have requested notices of such meetings. The
notice states the time, place, and business to be transacted at the meeting. No other
business may be considered at the special meeting. Notice is required even if no action is
taken.
Agenda
Commission meetings are governed by an agenda. The agenda for the meetings is prepared
by the Chair and the staff person supporting the Commission. Commissioners may propose
additions to a future agenda at the end of a Commission meeting. A second Commissioner
must concur with the request. A Commissioner may also request an item be placed on a
future agenda by speaking with the Chair.
Commission members may only discuss or take action on items that are listed on that
meeting’s agenda. If a topic is raised during the public comment period or during the meeting
which is not on the agenda, a Commissioner may make only a brief response and may
request that the item be placed on the agenda for a future meeting.
Agenda Packets
Agenda packets typically contain the agenda for the upcoming meeting, supplemental
materials describing the agenda items, and any communications to be presented at the
meeting. This packet will be delivered to the members of the Commission and interested
members of the public at least 72 hours prior to each regular meeting. Commissioners
should review these packets prior to each meeting and contact staff with questions.
Quorum
A majority of the members of the Commission constitutes a quorum for the conduct of
business. When less than a quorum appears at a noticed meeting, the Commission may not
take any action. The City Code requires most actions to be approved by the majority of the
total Commission to pass (as opposed to majority of members present), even if not all
members of the Commission are present.
Minutes
Action minutes of all Commission meetings are prepared by City staff. Minutes are presented
at a subsequent Commission meeting for approval by the Commissioners. A Commissioner’s
absence from the meeting for which the minutes are being approved does not prevent the
member from participating in their correction or approval. Written minutes approved by the
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Commission constitute the official record of its actions. Additions and corrections to the
minutes may be made only in public meetings, with the approval of a majority of the
Commissioners, and not by the private request of individual members.
Meeting Recordings
The City Council adopted a Meeting Recording Policy on June 16, 2021 and further amended
the policy in 2022 to memorialize the City’s meeting recording practices. City Council Regular
Meetings in the Civic Theater, Study Sessions, Joint Sessions, Commission Interviews,
Retreats, and meetings with the Planning Commission are recorded. Additionally, Planning
Commission Regular Meetings and Study Sessions and Finance Committee meetings are
recorded. Meeting recordings are also posted on the City website.
Saratoga Rules of Parliamentary Procedure
The City Council and Commissions follow the Saratoga Rules of Parliamentary Procedure.
The City’s rules are based on Rosenberg’s Rules of Order, a simplified version of rules of
parliamentary procedure. The rules were adopted as part of the City Council Norms of
Operation. A copy of the rules of order is included at the end of the Norms (which is included
in the appendix).
Public Hearings
State Law requires that certain items of business be advertised for a formal public hearing
before being considered by a public body. Additionally, a public hearing may be called by the
City to maximize public input on a topic even if not legally required. The City Council and
Planning Commission are the City bodies that typically hold public hearings.
Public Hearings must be conducted in a fair and impartial manner, and the public must be
given an opportunity to be heard. The Chair or Mayor may limit or extend the time each
member of the public may testify; however, the time limitations must apply to all speakers,
regardless of the position they represent.
The general format for a public hearing is as follows:
1. Staff provides an overview of the proposal and responds to any questions raised by
the Commission
2. Commissioners ask questions of staff and note any relevant facts not included in the
staff report or other written materials provided to the Commission
3. The Chair opens the Public Hearing
4. If the matter is an appeal, the appellant and/or representative gives opening remarks
for up to 10 minutes; if the appellant is not the applicant then the applicant and/or
representative gives opening remarks for up to 10 minutes
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5. Members of the public are each allowed up to 3 minutes to express their opinions
If the matter is an appeal, the appellant and/or representative gives closing remarks
for up to 5 minutes (if the appellant is not the applicant, the applicant and/or
representative gives closing remarks before the appellant’s closing remarks).
6. The Chair closes the Public Hearing, if the Commission has additional questions for
the appellant or applicant after closing the public hearing then the other party must
be given the opportunity to respond
7. Commissioners discuss and deliberate on item
8. Commission takes action
Public Comment
Any member of the public may comment on any item on the agenda. At every regular
meeting, members of the public may address the Commission regarding items within the
Commission’s jurisdiction that are not on the agenda under the “Oral Communications”
portion of the meeting agenda. A time limitation for each speaker, typically three minutes,
may be imposed.
While Commissioners or staff are permitted to respond to any questions or to seek
clarification concerning a point raised, it is imperative to note that the Brown Act specifically
prohibits any public body from discussing or taking action on an item that is not listed on the
agenda. If the Commission wishes to discuss an item raised during public comment, the topic
should be agendized for a future meeting.
Length of Meetings
In 2013, the City Council adopted a resolution (included in the appendix) establishing
guidelines for the length of City Council and Commission meetings. The goal of the guidelines
is to prevent meetings from extending beyond midnight. If a meeting runs until 10:00 p.m.,
the presiding officer should determine if the meeting will continue past midnight if all items
on the agenda are heard. If the presiding officer believes that the meeting will not adjourn
by midnight, then the presiding officer should request a motion to continue a sufficient
number of agenda items to the next regular meeting to allow the meeting to conclude by
midnight.
Meeting Decorum
The City Council Norms of Operation (included in the appendix) provide some standards for
meeting decorum that minimize disruptions and maintain a respectful environment. A
summary of some of the meeting decorum standards is below:
• Persons in the audience shall be respectful of others and will refrain from behavior
which will disrupt the public meeting. This includes refraining from:
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o Using electronic devices except in connection with the meeting;
o Making loud noises, clapping, shouting, booing, hissing during public
testimony and Council consideration of policy matters;
o Engaging in any activity in a manner that disturbs, disrupts or impedes the
orderly conduct of the meeting; and
o Creating, provoking or participating in any type of disturbance involving
unwelcome physical contact.
• Interactions between the public and the Commission shall be courteous and
respectful.
o The public may not make any belligerent, personal, impertinent, irrelevant,
redundant, slanderous, loud, threatening, abusive or disparaging remark,
statement or commentary toward the Commission, staff or other individuals
in a manner which disrupts, disturbs or otherwise impedes the orderly
conduct of the meeting.
o Any violation of this rule shall be grounds for terminating the person’s
comment period. If a member of the public fails to follow these rules after
being warned once, the Commission may bar that individual from further
testimony for the evening or remove the person from the meeting.
o The Commission shall not be belligerent or make disparaging commentary
toward any speaker.
o Nothing in this section shall prohibit or discourage orderly criticism of any City
decision or policy within the limits of these rules.
• During meetings, Commissioners should limit their use of computers or electronic
devices to matters pertaining to the meeting and comply with the City’s Electronic
Communications Policy (for example, no e-mailing or other communication during
the meeting except in cases of family emergencies). Commissioners should not base
decisions on information acquired through the internet during a meeting unless the
information and its source is shared with the entire Commission and the public as
part of the meeting before the decision is made.
• All materials presented to the Commission, including written materials are public
records subject to inspection in accordance with applicable laws.
Effective Meetings
Commission meetings are the time and place for discussion, deliberation, decision, and
action. Each Commissioner has an obligation to prepare, discuss, evaluate, review, and select
15 16
the best possible alternatives. The following guidelines will help ensure meetings are
constructive:
• Review the meeting agenda and informational packet prior to each meeting
• Commissioners may speak with staff in advance of the meeting to request additional
information or seek clarification
• Prepare to handle sensitive matters in a positive way
• Stick to the agenda
• Define issues and tasks clearly
• Observe the rules of order
• Encourage participation
• Discourage disruption
• Try to resolve differences
• Summarize progress from time to time
• Put items on the agenda and assign tasks to Commission members (if necessary) for
the next meeting
Role of the Chair
Each Commission elects a Chair to serve a twelve-month term. No person may serve as Chair
or Vice Chair of the same Commission more than once during a single term on the
Commission. The Chair acts as the presiding officer at all meetings. In the absence of the
Chair, the Vice Chair presides for that meeting. In the absence of both, the members elect a
temporary presiding officer for that meeting until the Chair arrives. The following is a list of
the Chair’s responsibilities:
• Call meeting to order
• Call for the vote, restate all motions submitted for vote, and announce decision
• Decide questions of order (pursuant to the City of Saratoga’s Rules of Parliamentary
Procedure)
• Declare opening and closing of public hearings
• Lead meeting and preserve order
16 17
• Execute documents that have been approved by the Commission
• Represent the Commission at meetings when authorized by a majority of the
Commission (or when requested by the City Council as long as the Chair notes that
the views expressed are personal)
• Work with staff assigned to the Commission to create meeting agendas
• Determine whether Commissioner absences are excused or unexcused
The Chair and staff should be in contact prior to each regularly scheduled meeting to review
and discuss the agenda. If a personality conflict arises between individual Commissioners, it
is the Chair’s responsibility to try to mediate and resolve the problem. If the conflict cannot
be resolved, the Chair should approach the Director of the City Department staffing the
Commission to discuss possible strategies to address the issue.
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Working Relationships
Working with Other Commission Members
Commissions achieve optimum participation when members strive to establish effective
working relationships with each other by showing respect for each other’s viewpoints and
allowing others to fully present their views. Supportive relationships with fellow Commission
members, based upon mutual respect, are essential to a Commission’s success.
Working with City Staff
City staff serve Commissions in an advisory capacity, just as Commissions serve the Council.
Staff members are selected based on their technical and professional abilities and are
expected to provide Commissions with recommendations based upon their professional
analysis of the situation, regardless of personal opinion or consideration of political
consequence. It is not expected that every staff recommendation will be followed; however,
because of staff’s technical expertise, full consideration should be given to their
recommendation.
The staff assigned to a Commission also handle administrative duties, such as preparing
meeting agendas, staff reports, and meeting minutes. Staff members are not considered
members of a Commission and have no power to vote on Commission matters. Because of
their support position, staff does not respond to questions from the public at a meeting
unless requested to do so by the Chair. Commission members may not direct staff to initiate
programs, conduct major studies, or establish official policy without the approval of the City
Council.
If a conflict or concern with the staff assigned to the Commission develops, Commissioners
may speak with the staff member’s department director and/or the City Manager.
Working with the City Council
The primary goal of all City Commissions is to serve the City Council in an advisory capacity
on specific topics or functions. The Council possesses the ultimate political and legal
responsibility for the conduct of local government and the overall welfare of the community.
Given the advisory nature of the City’s Commissions, Commissions may not take positions
on legislation, measures, or political matters. However, for matters within a Commission’s
jurisdiction and to the extent consistent with the Commission’s work plan, a Commission
may make a recommendation to the City Council by majority vote on a formal agenda item
at a properly noticed meeting. The City Council Norms of Operation provide that resolutions
of support or in opposition to a legislative action or special issue shall only be brought before
the City Council for consideration if the topic of the resolution has a specific and identifiable
impact or connection to the City of Saratoga.
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There are times when the City Council may not choose to accept recommendations made by
a Commission. When Commission recommendations are not accepted, it does not imply a
lack of confidence or disinterest in the Commission’s advice. Council Members must weigh
the guidance provided by Commissions and other advisory bodies against a broader scope
of considerations in their decision-making process.
Although a Commission may disagree with the decision of the Council, the Commission
should not act in any manner contrary to the established policy adopted by the Council.
Commission Work Plans
Generally, the City Council will review and provide authorization for Commission work plans
once a year. The City’s Commissioners serve under the direction of the City Council and
therefore must be authorized by the City Council to initiate new efforts or assignments
outside of Commission’s assigned role and responsibilities.
Working with the Public
Commissions, as well as individual Commission members, serve as liaisons between the City
and the public. Thus, each member functions as a communication link between the
community and the City, explaining City programs and recommendations, as well as
providing a channel for citizen expression.
Creating a non-threatening atmosphere where members of the public are free to express
their views without fear of ridicule or belittlement can help make Commission meetings a
place where residents feel comfortable sharing their thoughts. Additionally, Commission
members that demonstrates fairness and professionalism to the public, staff, and their
colleagues contribute to an open exchange of thoughts.
Members of the public are also expected to conform to an acceptable standard of conduct.
Any person who willfully interrupts a public meeting or acts in a manner that disrupts the
orderly conduct of the meeting may be barred from further attendance at the meeting by
the Commission or by the Chair. An individual that has been barred may not return for the
remainder of the meeting unless permission is granted by a majority vote of the
Commission.
Effective Conflict Management
Commission meetings are sometimes difficult to manage. On occasion, meeting attendees
may be highly emotional, have a strong interest in an item or issue, or may be nervous. There
may be residents with strongly differing views. As a Commissioner, it is important to guide
the discussion so that all viewpoints are presented and not eliminated.
The following suggestions should help manage conflict and confrontation effectively:
• Anticipate differences by learning about the topic beforehand, so you can concentrate
on the meeting’s purpose
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• Administer the meeting rules fairly, set the rules early, and make sure everyone
abides by those rules without exception
• Explain the purpose of the meeting
• Ask speakers to clearly identify themselves for the record (although the speaker
cannot be legally required to provide this information, it helps improve dialog at the
meeting and facilitates follow-up by staff or Commissioners)
• Set an acceptable time limit for testimony (generally 3 minutes per speaker, though
this may be reduced by a vote of the Commission if there is a large number of people
wishing to speak on the matter) and maintain that time limit for all speakers
• Try not to overreact to inflammatory comments or expressions of frustration, instead
try to redirect frustration into constructive discussion by asking questions, reinforcing
areas where you agree, and seeking to bridge differences
• Avoid speaker-to-audience conversation—the purpose of meetings is to help make
the Commission aware of considerations relating to an issue at hand, not to engage
members of the public in conversation or debate
• Focus comments and questions during the public testimony period on gaining
relevant information to decide on the issue
• Once testimony has ended, invite Commissioners to discuss their views
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Ethics, Public Records, and Open Meeting Laws
Once appointed, there are several State laws that Commissioners must comply with. Some
of the most significant State laws include the Political Reform Act, Public Records Act, and
the Brown Act. The following is a summary of their key requirements. Additional information
is included in the appendix.
Political Reform Act and Conflicts of Interest
The Political Reform Act is intended to prevent potential economic conflicts of interest. The
law requires most state and local government officials to disclose their personal income and
assets, as well as disqualify themselves from participating in decisions that may impact their
personal economic interests. The law requires that local elected officials, key staff, and
Commissioners (except Youth Commissioners) in Saratoga must annually disclose their
economic interests through the Form 700 – Statement of Economic Interests.
Using the Form 700, public officials disclose all financial interests, such as investments,
interests in real estate (real property), or sources of income, which may possibly affect the
official’s judgment. The Form 700 is public record. Any member of the public is permitted to
inspect and copy any statement during normal business hours.
Commissioners must return a completed Form 700 - Statement of Economic Interests to the
City Clerk at the following times:
• Assuming office statements must be filed within 30 days after assuming office.
• Annual statements must be filed no later than 5:00 p.m. typically due the first week
of April each year. Such statements shall cover the period of the preceding calendar
year.
• Leaving office statements must be filed within 30 days of leaving office.
• A penalty of $10 per day, up to a maximum of $100, may be imposed for late filings.
If a public official has a conflict of interest, the Political Reform Act may require the official to
disqualify himself or herself from making or participating in a governmental decision or using
his or her official position to influence a governmental decision. In general, the Political
Reform Act provides that a conflict of interest exists where:
• An official makes, participates in, or uses his or her official position to influence
governmental decisions;
• It is foreseeable the decision will affect the official’s financial interest;
• The effect of the decisions on the official’s financial interest will be material; and
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• The effect of the decision on the official’s financial interest will be distinguishable from
its effect on the public generally.
In some circumstances, a conflict may arise from an economic interest that was not required
to be listed on the official’s Form 700. Commissioners should consider all their economic
interests in deciding whether a decision presents a conflict of interest.
This is a summary of a complicated set of rules. For more information, see the website of the
Fair Political Practices Commission at www.fppc.ca.gov. A conflict of interest may exist under
other rules as well. Commissioners are encouraged to consult with the City Clerk whenever
they believe they may have a conflict.
If a Commission member has a conflict of interest, the Commissioner must not make or
participate in making, or in any way attempt to use their official position to influence, a
governmental decision relating to the matter in which the Commissioner, or a member of
the Commissioner’s immediate family, possess a financial interest.
The safest way to address a conflict of interest that arises in a public meeting is for the
Commissioner to state the basis for the conflict of interest immediately after the Chair
announces the item for consideration. The member must then refrain from participating in
the deliberations, abstain from voting, and generally must leave the room in which the
meeting is being held.
The minutes will reflect the Commissioner’s stated conflict and recusal.
Commissioners and other public officials are barred from attempting to influence
government decisions in which they have conflict outside of public meetings as well. For
example, a Commissioner with a conflict of interest generally may not discuss the matter
creating the conflict with a member of the City staff, other Commissioners involved in the
decision, or the City Council.
Penalties for violating the conflict of interest laws are serious and may include fines and a
prohibition against serving in public office. Questions regarding a potential conflict of
interest should be directed to the City Clerk. The Fair Political Practice Commission’s website
at www.fppc.ca.gov and the hotline number 1-866-ASK-FPPC (1-866-275-3772) are additional
sources of information.
Additionally, State law also requires members of local legislative bodies that receive any type
of compensation, salary, stipend, or reimbursement for expenses from the local agency, to
participate in a minimum of 2 hours of ethics training every two years. Because Planning
Commissioners receive a stipend, they are required to participate in ethics training every two
years. Commissioners who wish to receive reimbursement for reimbursable expenses must
also complete the training. Commissioners should not be making purchases and instead
shall work with staff if items need to be purchased or funds are needed for activities related
22 23
to the Commission. The City Clerk is responsible for maintaining ethics training records and
notifying individuals subject to ethics training when their certification expires.
California Public Records Act
The California Public Records Act was adopted in 1968 and allows any member of the public
to inspect local government records. While there are a few exceptions to the law, the public
may generally request any public record. Government Code Section 7920.530 defines public
records as “any writing containing information relating to the conduct of the public’s
business prepared, owned, used, or retained by any state or local agency regardless of
physical form or characteristics.”
All records pertaining to the Commission’s business are public records. This includes
agendas, minutes, staff reports, emails, and other letters to or from Commissioners on
issues within the jurisdiction of the Commission, and reports from City consultants that are
distributed to the Commission. Commissioners should be aware that all their
correspondence concerning Commission business is a matter of public record. Additional
information about the Public Records Act is available in the appendix.
The Brown Act
Passed in the 1950s, the Brown Act guarantees the public’s right to attend and participate in
the meetings of local legislative bodies. The State law requires that:
• Meetings of a legislative body, including City Commissions, are properly noticed and
open to the public;
• Members of the public can comment on all agenda items and at all regular meetings
on items not on the agenda; and
• The legislative body conducts votes (except those permitted to take place in closed
session) in a public meeting.
Essentially, the Brown Act requires that Commission meetings must be noticed and open to
the public. There generally may be no action or discussion by Commissioners on any item
not appearing on the posted agenda. Commissioners may only briefly respond to statements
made or questions posed about items not on the agenda; they may request that the topic
be agendized for a future meeting. The Brown Act also requires that Commission meetings
be held in a facility that is accessible to handicapped individuals.
The definition of “meeting” includes any action among a majority of the Commission
members to hear, discuss, or deliberate upon an item that is within the subject matter
jurisdiction of the Commission. The Brown Act specifically prohibits the use of any series of
communications of any kind (e.g., telephone, fax or email) directly or through intermediaries,
to discuss, deliberate, or take action on any item of business that is within the Commission’s
subject matter jurisdiction.
23 24
A Commission majority may attend the following gatherings without following the notice and
other rules pertaining to regular meetings (provided Commission business is not discussed
as part of the meeting or in breaks): (1) meetings or conferences on general issues that are
not City specific; (2) meetings organized by others to address topic(s) of local community
concern; and (3) social or ceremonial functions.
Regular agendas must include opportunities for public input. A public comment period is
allowed at the beginning portion of each regular meeting when members of the public may
speak to any relevant topic that is not on the agenda for that meeting. The public is also
allowed to speak to each item on the agenda as it is being discussed in the meeting. Public
testimony in both portions of the meeting is limited, typically to three minutes.
Although the City encourages individuals testifying before City Commissions and the City
Council to identify themselves to facilitate staff follow-up where needed, the Brown Act
makes clear the City may not require that disclosure or require any other information.
Additionally, the Commission may not prohibit public criticism of the policies, procedures,
programs, or services of the Commission or of the acts or omissions of the Commission.
Any person attending an open and public meeting of a Commission has the right to record
the proceedings with an audio or video tape recorder or a still or motion picture camera
unless it disrupts the proceedings.
Recently the Brown Act was updated with rules about social media platforms, such as Twitter,
Facebook, and Instagram. Commissioners may engage in separate conversations with
members of the public on Social Media Platforms to answer questions, provide information,
and request information from the public on a matter of City business. Commissioners may
not respond directly to any communication on a social media platform post made or shared
by another member of the Commission. This prohibition applies to commenting and posting
emojis or other images, including clicking on a reactive symbol.
In addition to the above provisions, the Brown Act includes rules for proper noticing of
various types of public meetings, regulations relating to the conduct of closed sessions, and
penalties for the conduct of an unlawful meeting. The Brown Act is complex. Questions
concerning the Act should be directed to the staff person assigned to the Commission.
Additional information is also available at in the Appendix.
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Government in Saratoga
The City of Saratoga was incorporated on October 22, 1956 as a General Law City. General
Law cities are organized and operated in accordance with provisions set forth in State law. A
Charter City, on the other hand, is governed by a local charter. The charter establishes the
basis for city actions. About 80 percent of the cities in California are classified as General Law
cities.
Role of the City Council
The City Council is the legislative body of the City, and it establishes City policy, adopts and
monitors the annual operating and capital improvement budgets, makes appointments to
various advisory committees and Commissions, and provides input on regional, state, and
federal matters affecting Saratoga. The City Council consists of five members who are elected
at-large to four-year overlapping terms, with elections occurring in November of even
numbered years.
The Council selects one of its members to serve as Mayor for a one-year term. The Mayor
acts as the primary spokesperson and official representative of the Council. Additionally, the
Mayor is the presiding officer at Council Meetings and executes official City documents
approved by the Council. The Mayor does not possess special powers or authority; rather,
the person serving as Mayor is recognized as the leader of the Council, or first among equals.
Council-Manager Form of Government
The City of Saratoga operates under the Council-Manager form of government. This form of
government was established around the principals of business and was intended to make
local government more efficient and more economical. The Council-Manager form of
government is commonly used throughout the U.S. and by over 90% of California cities.
In this form of government, the Council serves as the decision-making body of the City and
develops policy that reflects public interests. The City Manager oversees implementation of
Council policy and supervises City operations. City staff then carries out direction from the
City Manager.
City Manager: The City Manager oversees the general operations of the City. In addition to
supporting the City Council and Commissions, the City Manager’s Department manages the
contracts for law enforcement and legal services. This department is also responsible for
coordinating intergovernmental relations, various community engagement efforts, and
communications.
City Clerk: The City Clerk is part of the City Manager’s Department. The Clerk creates the City
Council agendas, minutes, and attests to the Resolutions and ordinances. The Clerk is also
the elections official for the City of Saratoga. The Clerk oversees Commission recruitments.
25 26
City Attorney: The City of Saratoga contracts with the firm Shute, Mihaly & Weinberger LLP
for legal services. The City Attorney’s office acts as legal advisor to the City Council,
Commissions, and City staff. Specifically, the City Attorney’s duties include:
• Attending City Council meetings
• Preparing ordinances, resolutions, contracts, leases, and other legal documents
• Representing the City in legal proceedings
• Preparing legal opinions for the City
Finance & Administrative Services Department: The Finance and Administrative Services
Department manages the financial affairs of the City. The department oversees budget
development and implementation; prepares financial reports; coordinates the annual audit;
manages cash, investments, and long-term debt; administers payroll and accounts
receivable; provides human resources services to the City; and oversees information
technology responsibilities.
Community Development Department: The Community Development Department advises
the City Council, Planning Commission, Heritage Preservation Commission, and other City
Departments regarding the physical development of the City including the day-to-day
implementation of the City’s land use policies. The Community Development Department
consists of the Planning Division, Building Division, and Code Compliance.
The Planning Division oversees all aspects of zoning administration, which includes
preparing and updating the City’s General Plan, keeping the City’s zoning ordinances current
and effective, reviewing development proposals for consistency with the City’s plans and
ordinances, processing permit and development applications, and forwarding land use
recommendations to the Planning Commission and City Council.
The Building Division is responsible for issuing building permits and conducting construction
inspections, as well as overseeing enforcement of the City Code and processing business
licenses.
The Facilities Division manages City owned facilities including: the Civic Theater, the
Community Center, the Senior Center, the Warner Hutton House, and Saratoga Prospect
Center. The Facilities Maintenance Division also provides custodial service and maintenance
for all City owned buildings.
Public Works Department: The Public Works Department is responsible for overseeing street
repair, traffic control, capital improvement project administration, parks and open space
maintenance, flood control, and storm water management. The Engineering Division of the
Department provides engineering advice and analysis for capital improvements, constructs
public facilities, and manages traffic engineering and related contracts. The Department’s
26 27
Maintenance Division repairs and maintains City streets, parks, storm drains, medians,
sidewalks, traffic control systems, and equipment.
Other Local Services: Many of the City’s services are provided through other local agencies
and special districts and agencies. For example, there are 2 fire protection districts in the City
of Saratoga that are responsible for fire protection services. Santa Clara County Fire
Department oversees implementation of these services. Law enforcement services are
provided by contract by the Santa Clara County Sheriff’s Office. The City has contracted out
law enforcement services to the Sheriff’s Office since the City’s incorporation.
Below is a list of some of the service providers in Saratoga.
• State of California
• County of Santa Clara
• PG&E
• San Jose Water Company
• West Valley Solid Waste Management Authority
• West Valley Clean Water Program Authority
• Valley Transit Authority
• Silicon Valley Clean Energy Authority
• Fire Districts (Santa Clara County and Saratoga Fire Protection)
• Santa Clara County Library District
• Sanitation Districts (West Valley and Cupertino)
• School Districts
• Santa Clara Valley Water District
• Madronia Cemetery District
• Midpeninsula Open Space District
City Organization: Below is a visualization of the City of Saratoga’s structure.
27 28
Electorate
City Council
City
Commissions City Manager
City Manager's
Department
Finance &
Administrative
Services
Community
Development Public Works Law
Enforcement
City Attorney
28 29
Appendix
1. Council Norms of Operation (includes Saratoga Rules of Order)
2. Saratoga Rules of Parliamentary Procedure Quick Reference Guide
3. Meeting Length Guidelines
4. Action Minutes
5. Remote Public Participation Policy
6. Meeting Recording Policy
7. City of Saratoga Conflict of Interest Code
8. City of Saratoga Code of Ethics and Values
9. Council E-Communications Policy
10. Council and Commission Expense Policy
11. Donation Policy
12. An Overview of Conflicts of Interest Under the Political Reform Act
13. The People’s Business: A Guide to the California Public Records Act
14. Open & Public V: A Guide to the Ralph M. Brown Act
1103458.1
29 30
RESOLUTION NO. 18-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY COUNCIL NORMS OF OPERATION
WHEREAS, the City Council adopted a policy establishing Norms of Operation for City
Council ("Council Norms") in 2004 through City Council Resolution 04-007 and has updated the
Council Norms at various times since then; and
WHEREAS, during two study sessions on the City Council Norms of Operation on
February 7, 2018 and February 21, 2018 the City Council directed staffto prepare an
amendment to the City Council Norms .
NOW, THEREFORE BE IT RESOLVED, that the City Council ofthe City of Saratoga
hereby amends the City Council Norms of Operation as shown in Attachment A to this
resolution and further resolves that the attached document shall supersede prior resolutions,
guidelines and understandings relating to the City Council Norms of Operation.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7th day of March, 2018 by the following vote:
AYES: Mayor Mary-Lynne Bernald, Vice Mayor E. Manny Cappello, Council Members
Howard A. Miller, Emily Lo, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
Afi):;:uJ
Nora Pimentel, MMC
City Clerk
~~~&~ Mary yn Bernald, Mayor
DATE: 3/f j;gl
~ I
30 31
CITY OF SARA TOGA
CITY COUNCIL NORMS OF OPERATION
(Updated via Resolution 18-005, March 7, 2018)
Section 1. OPERATION OF CITY COUNCIL MEETINGS
A. City Council Meetings shall be conducted following the outline listed in Section 7 .B. of
these Norms. Each item shall be introduced by the Mayor and heard in accordance with the
Rules of Parliamentary Procedure attached hereto as Exhibit A. The Mayor may place an
item anywhere on the agenda. During Council Items at a Regular Meeting, two City
Council Members may request an item be placed on a future agenda.
B. In order to ensure that all members of the public have an opportunity to speak and that the
Council is able to complete its business, there will be a three-minute limitation on
comments by the public except for applicants and appellants at public hearings or as
otherwise provided by law. In order to effectively enforce this rule, the City Clerk will
monitor the time for each speaker with an electronic timer. If there are more than twenty
(20) identified speakers for one item at the beginning of the public comment period or
public hearing, the Mayor may adjust the three-minute time down to two minutes per
speaker or less if approved by the City Council.
C. Closed Sessions of the City Council shall generally be conducted prior to the 7:00p.m.
business portion of regular meetings . If necessary, Closed Sessions not completed prior to
the 7:00p.m. business portion will be considered at the conclusion of the business portion
of the meeting, or as approved by the City Council.
D. A Special Council Meeting may be called by the Mayor with proper public notice.
E. Members of Council should not engage in debate with a member of the public or staff at
Council Meetings since these debates seldom resolve concerns and many times inflame
feelings at a public meeting . Any concerns by a member of Council over the behavior or
work of a City employee during a Council meeting should be directed to the City Manager
privately to ensure the concern is resolved.
F. Prior to the close of the public hearing or comment period Council Members may ask
questions of anyone in the audience. The public hearing and comment period are the
times for Council to receive evidence. Once the hearing or comment period is closed, the
Council deliberates based on that evidence. While Council may elect to re-open a
hearing or comment period (assume no prejudice to the rights of an applicant or
appellant), it should make every effort to get all the information it needs while the
hearing or comment period is still open. If the Council asks questions after the final
presentation of the applicant/appellant in a permit-related hearing, the Council would
need to provide the applicant/appellant with an opportunity to rebut the answers to the
questions. While these rules need not apply as strictly to hearings where due process is
less of an issue (i.e., an ordinance amendment), a uniform set of rules for all public
hearings and comment periods is desirable.
31 32
G. The Mayor may, with Council concurrence , call for Council consideration of agenda items
out of their prescribed order on the printed agenda.
Section 2. MEETING DECORUM
A. Appropriate attire, including shoes and shirts, are required in the Council Chambers and
other Council meeting rooms at all times. Persons in the audience will not place their feet
on the seats in front of them. No food , drink (other than bottled water with a cap), or
chewing gum is allowed in the Council Chambers and other Council meeting rooms, except
as otherwise pre-approved by City staff. All persons entering the Council Chambers and
other Council meeting rooms, including their bags , purses, briefcases and similar
belongings , may be subject to search for weapons and other dangerous materials.
B. Persons in the audience shall be respectful of others and will refrain from behavior which
will disrupt the public meeting. This includes refraining from:
Using electronic devices except in connection with the meeting;
Making loud noises, clapping, shouting, booing, hissing during public testimony
and Council consideration of policy matters;
Engaging in any activity in a manner that disturbs, disrupts or impedes the orderly
conduct of the meeting; and
Creating, provoking or participating in any type of disturbance involving
unwelcome physical contact.
C. Interactions between the public and the Council shall be courteous and respectful. No
person who addresses the Council shall make any belligerent, personal, impertinent,
irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark,
statement or commentary toward the Council, staff or other individuals in a manner which
disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting. Any
violation of this rule shall be grounds for terminating the person's comment period.
Council shall not be belligerent or make disparaging commentary toward the speaker.
Nothing in this section shall prohibit or discourage orderly criticism of any City decision or
policy within the limits of these rules. If a member of the public fails to follow these rules
after being warned once, the Council may bar that individual from further testimony for the
evening or remove the person from the meeting.
D. The City Council uses computers at the dais for agenda materials. Council Members
should limit their use of computers to matters pertaining to the meeting and comply with
the City's Electronic Communications Policy (for example, no e-mailing or other
communication during the meeting except in cases of family emergencies). In using
computers at the dais Council Members should be respectful of their fellow Council
members , staff, and the public. Council Members should not base decisions on information
acquired through the internet during a Council meeting unless the information and its
source is shared with the entire Council and the public as part of the meeting before the
decision is made.
32 33
E. Members of the public wishing to make a slide presentation as part of their comments to
the City Council must provide the file to the City Clerk's office at least 24 hours prior to
the meeting in a format compatible with the City's projection system (details on these
requirements are available from the City Clerk's office). Failure to comply will result in
the presentation being rejected. All presentations must comply with the time limits
applicable to the agenda item.
F. All materials presented to the City Council, including written materials are public records
subject to inspection in accordance with applicable laws.
Section 3. CITY COUNCIL RELATIONS WITH CITY STAFF
A. There shall be mutual respect from both staff and Council Members of their respective
roles and responsibilities when and if expressing criticism in public session.
B. City staff shall acknowledge the Council as policy makers and the City Council shall
acknowledge staff as administering the Council's policies.
C. All written requests for information or questions by City Council Members to staff shall be
directed to the City Manager, City Attorney, City Clerk, or Department Managers (with a
copy to the City Manager). All complaints should be submitted to the City Manager or, if a
complaint concerns the City Manager, to the City Attorney.
D. All written informational material requested by individual Council Members shall be
submitted by staff to all Council Members with the notation indicating which Council
Member requested the information.
E. Council shall not attempt to coerce staff in the making of appointments, the awarding of
contracts, the selection of consultants, the processing of development applications, the
granting of City licenses or permits. The Council shall not attempt to change or interfere
with the operating policies and practices of any City department.
F. Mail, including email, that is addressed to the Mayor and City Council shall be circulated
by the City Clerk to the City Council. If the communication warrants a response, the
Mayor's response, in addition to the original communication, will be submitted to the City
Council for their information.
G. The City Clerk shall open mail addressed to all Council Members unless requested not to
do so.
H. Individual Council Members shall not direct staff to initiate any action or prepare any
report that is significant in nature or initiate any project or study. All such direction shall
be provided by the City Manager or by action of a majority of the City Council at a City
Council meeting. Council Members may ask for limited resources and information for
items that are on an agenda as long as any information is distributed to all City Council
Members.
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Section 4. CITY COUNCIL AND COMMISSION RELATIONSHIP, INTERACTIONS WITH
OTHER CITY OF SARA TOGA BODIES, AND RELATIONSHIPS WITH OTHER
BODIES OUTSIDE OF SARA TOGA
A. Members of the City Council should not attempt to influence or publicly criticize Saratoga
Commission recommendations, or to influence or lobby individual Commission Members
on any item under their consideration. It is important for Commissions to be able to make
objective recommendations to the City Council on items before them. Members of Council
that attempt to strongly influence Commission positions on an item may prejudice or hinder
their role in reviewing the commission's recommendation as a member of the City Council.
B. Individual Council Members and Commissioners shall have the right to attend meetings of
other Saratoga governmental bodies but shall refrain from speaking or becoming involved
in the meeting's discussions. If asked a question, the Council Member or Commissioner
should indicate that he/she can only provide a personal opinion and does not speak for the
Council or Commission as a whole.
C. If a member of the City Council or a Commission appears before a non-City of Saratoga
governmental agency or organization except as a member of outside agency appointed by
the City Council to give a statement on an issue affecting the City, the Council Member or
Commissioner should first indicate the majority position and opinion of the Council or
Commission (if any). Personal opinions and comments may be expressed only if the
Council Member or Commissioner clarifies that these statements do not represent the
position of the City Council or Commission.
D. Both Council Members and Commissioners shall at all times strive to be attentive, maintain
respectful discourse in regards to one another and focus comments on the policy matters
under consideration while refraining from expressing criticism of members of the Council
or a Commission or engaging in side discussions with others.
Section 5. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL
OR SENSITIVE INFORMATION
A. City Council Members shall keep all written materials and verbal information provided to
them on matters that are confidential in complete confidence to ensure that the City's
position is not compromised. No disclosure or mention of information in these materials
shall be made to anyone other than Council Members, the City Attorney or City Manager.
All negotiations and other contacts concerning matters that have come before the City
Council in closed session (including, but not limited to, property acquisition or disposal , a
pending claims or litigation, and/or employee negotiations) with the other party and/or
party's agents or other representatives shall be limited to, and made by, the designated
City staff representative handling the negotiations, claim or litigation unless the City
Council has directed that a specific Council member to assist staff in negotiations. Except
as authorized above, no Council Member who has participated in any closed session shall
have any contact
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or discussion with the other party or its agents or representatives concerning the matter
under consideration except during public meetings of the City Council. All public
statements, information and press releases shall be handled exclusively by the City's
designated spokesperson.
B. The personal contact information of members of the public included as part of reports and
attachments to agenda items shall only be used in relation to that agenda item. To the
greatest extent possible, staff will work to minimize the amount of personal contact
information for members of the public published in agenda materials posted on the City
website.
Section 6. BUSINESS OF THE CITY COUNCIL
A. Seating Arrangement of the City Council-At regular City Council Meetings held in the
Civic Theater, the City Council shall be seated based on the order of the Mayoral rotation,
as set forth by the Mayoral Rotation Policy, with the Mayor seated on the left of the five
members of the City Council. The Vice Mayor shall be seated to the right of the Mayor. It
shall be at the Mayor's discretion to determine the final seating arrangement of the City
Council.
B. City Council Reorganization -The City Council Reorganization shall be held at the
beginning of the first regular meeting of December unless the City Council calls and holds
a special meeting on the Tuesday immediately preceding the first regular meeting of
December. The floor shall be open to nominations for the purpose of electing a Mayor and
Vice Mayor to serve for the following year. Such elections shall be made by majority vote
of the Council members present at the meeting. The Mayor and Vice Mayor shall assume
the duties of their respective offices immediately upon election. The Mayor and Vice
Mayor shall serve a one-year term at the pleasure of the Council. In election years the date
of the special meeting referenced above may be changed by the City Clerk as necessary to
ensure compliance with State election laws.
C. Mayor and Council Roles -The Mayor shall act as the primary spokesperson and official
representative of the City Council, unless such responsibility is delegated by the Mayor, or
otherwise assigned by a majority vote of the City Council. The Mayor shall preside at all
meetings of the City Council. The Mayor shall execute all official City documents,
warrants and correspondence approved by City Council. The Mayor shall serve as the
primary contact for the City Manager to provide direction and advice regarding routine
planning and operational issues (i.e. meeting schedules, event dates, dispositions of
correspondences, etc.). In scheduling events, the Mayor shall give due consideration to
availability of other Council Members, the timing of the event relevant to formal City
action in connection with the event (e.g., coordinating a groundbreaking with the start of
actual construction), and past practices. Nothing in this section is intended to suggest that
the position of Mayor wields formal power or authority in excess of the other members of
the City Council. Rather, the person serving as Mayor is to be recognized as the leader of
the Council, or first among equals. The Vice Mayor shall serve and perform the functions
as Mayor in the absence of the duly elected Mayor.
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D. Council Committee/ Agency Assignments
During the first meeting in December, the Mayor shall announce that new appointments for
Committee/ Agency Assignments are necessary. A list of committee/agency assignments
shall be given to each Council Member. Following the meeting, each Council Member
shall provide the Mayor with a list of the Committee/ Agency Assignments in which the
Council Member is interested. The Mayor shall propose appointments for Council
approval at the second City Council meeting in December.
E. Ex Parte Communications
An Ex Parte Communication occurs when a Council member receives information from a
member of the public outside of a public meeting concerning a matter to be heard by the
City Council. Ex Parte communications are an inherent part of the City of Saratoga's
commitment to allowing City residents ample opportunity to consult with elected
officials both inside and outside of public meetings. At the same time , the City is
committed to the principle that the business of the public should be conducted in public,
to ensure that citizens are afforded the opportunity to participate in the making of
decisions that affect their lives, and the means to evaluate choices made by the City and
its officers.
Where a City Council Member has received information outside of a public meeting that
the Council Member believes has a bearing on the decision and that is not reflected in the
staff report presented to the Council and the public, the Council Member should provide
that information to the rest of the Council and the public following the staff report and
prior to beginning of public testimony on the matter. This will allow the public and other
members of the Council to consider the information in forming their views on the
decision at hand.
In addition, persons affected by the decision will also have the opportunity to know the
evidence on which the decision is to be based and have an opportunity to comment on it
and, if need be, to rebut it. This approach allows all members of the public access to
elected officials and to the rationale for decisions made by those officials.
F. Issuing Proclamations, Commendations and Certificates
A proclamation is prepared at the discretion of the Mayor to proclaim a specific date or
event. Proclamations are prepared for signature by the Mayor. They may be presented at
a City Council meeting or at an event or meeting outside the City Council meeting.
A commendation is prepared at the discretion of the Mayor. A commendation may be
issued for accomplishments, such as:
• Athletic/academic accomplishments
• Act ofheroism
• Youth Accomplishments
• A Community Organization's Citizen of the Year
• A Community Organization's Business Person of the year
• Outgoing elected officials
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• Outgoing City Commissioners
Commendations are prepared for signature by the Mayor. They may be presented at a
City Council meeting or at an event or meeting outside the City Council meeting.
Certificates of recognition are prepared for signature by the Mayor. They may be
presented at a City Council meeting or at an event or meeting outside the City Council
meeting.
G. Event Scheduling
The Mayor shall work with City staff to schedule the dates of City organized events. Due
consideration will be given to the availability of other Council Members and community
organizations involved in the event.
H. Resolutions of Support or Opposition
Resolutions of support or in opposition to a legislative action or special issue shall only
be brought before the City Council for consideration if the topic of the resolution has a
specific and identifiable impact or connection to the City of Saratoga.
Section 7. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS
A. Time of Meetings
Regular meetings of the City Council shall be held on the first and third Wednesday of
each month in the Civic Theater per City Code 2-10.010. Special meetings shall be held
as needed based on availability of the City Council.
B. Order of Agenda
The following is the usual order of agenda items for regular Council meetings. The
Mayor with the concurrence of Council can change the order in which items on the
agenda are heard.
• Joint Meetings, Study Sessions, Commission Interviews, and Closed Session-Prior
to the start of the Regular Session at 7:00p.m. in the Civic Theater, the City Council
may hold Joint Meetings with various Community organizations and Commissions,
conduct study sessions, hold Commission applicant interviews, or conduct Closed
Sessions. These meetings typically take place in the Administrative Conference
Room at City Hall. Location and start times may vary.
• Regular Session -The City Council, unless otherwise specified on the agenda, shall
conduct the Regular Session at 7:00p.m. in the Civic Theater.
• Call to Order -The Mayor calls the regular meeting to order.
• Pledge of Allegiance -The Mayor may lead or call upon a member of the public or
staff to lead the pledge.
• Roll Call - A quorum constituting 3 of the 5 members of the Council is required to
conduct any Council meeting. The City Clerk calls the roll.
• Report of Posting of the Agenda -The City Clerk reports on the posting of the
agenda as required by law.
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• Report From Closed Session-The Mayor is required to announce any action taken
during closed session before reconvening to the open session of the regular meeting.
• Report from Joint Meeting/Study Session-The Mayor, or the Mayor's designee,
provides a summary of the Joint Meeting or Study Session held prior to the Regular
Session.
• Oral Communications -During this portion, any persons who wish to address the
City Council on a subject not on the agenda may do so. Oral communications are not
intended as the means for debate or decision-making, but only for making a
presentation in person. Comment shall be limited to three minutes for members of the
public who wish to speak. The City Council may request follow up on matters raised
during Oral Communications.
• Announcements -Reserved time for the Mayor to make special announcements.
Announcements should be related to City or City-sponsored events and/or activities.
Council Members may submit announcement recommendations to the Mayor; the
Mayor has full discretion in selecting which announcements to share.
• Ceremonial Items -These items include presentation of proclamations,
commendations, certificates, appointments, administration of Oath of Office and
special introductions.
• Special Presentations to Council-This portion of the meeting is for groups, agencies,
and persons to speak to the Council on special items placed on the agenda according
to the City's standard procedures. Presenters will be given 10 minutes to make their
presentation; the Mayor may adjust the time if approved by the City Council.
• Consent Calendar-These items are routine and non-controversial items of business.
Items in this section will be acted in one motion, unless removed by the Mayor or a
Council Member. Any member of the public may speak to an item on the Consent
Calendar, or request the Mayor remove an item for discussion.
• Public Hearings -There are two kinds of public hearings, those required by law and
those called by the City Council of its own volition. In either event, the purpose is to
provide an opportunity for all interested persons to be heard. During appeal hearings
before the City Council, Applicants/ Appellants and their representatives have a total
of ten minutes maximum for opening statements. Members of the public may
comment on any item for up to three minutes. Applicant/ Appellants and their
representatives have a total of five minutes maximum for closing statements. Unless
otherwise directed by the Mayor or City Council, appeal hearings shall generally
proceed as follows:
• Mayor introduces item
• Staff report
• Council questions for staff
• Appellant's opening remarks-10 minutes
• Applicant's opening remarks (if applicant is not appellant) -10 minutes
• Public comment
• Applicant closing remarks -5 minutes
• Appellant closing remarks (if applicant is not appellant) -5 minutes
• Mayor closes the public hearing
• Council discussion
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• Council decision
• General Business -These are general items , that may or may not been previously
considered by the Council.
• Council Assignments-Provides members of the Council an opportunity to report on
matters being considered by committees , boards, and other bodies to which the
Council Member has been appointed by the Council or the Mayor. Council Members
may also report from regional committees , boards and other bodies on which the
Council Member serves in his /her capacity as a City Council Member and that have
been approved by the Mayor.
• City Council Items -Provides members of the Council an opportunity to introduce
discussion/action on items not currently before the Council for consideration.
• Council Communications -During this portion, Council Members may address the
City Council on subjects not on the agenda. Council communications are not intended
as the means for debate or decision-making , but only for making a presentation in
person. Comment shall be limited to two minutes per Council Member and shall not
include references to campaign activities by or in support of any Council Member. In
introducing this item the Mayor shall note the purpose of the item and explain that the
comments made are the comments of the individual Council Member speaking and
not necessarily the views of the City Council as a whole .
• City Manager Items -City Manager or City Attorney may bring up other items of
interest or make announcements under this section.
• Adjournment -The Mayor may adjourn the meeting or the City Council may vote to
adjourn the meeting.
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CITY COUNCIL NORMS EXHIBIT A
CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE1
Saratoga's rules of parliamentary procedure are supported by the following four principles:
1. Rules should establish order. The first purpose of the rules of parliamentary
procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation.
Complex rules create two classes: those who understand and participate and those
who do not fully understand and do not fully participate.
3. Rules should be user-friendly. That is, the rules must be simple enough that citizens
feel they have been able to participate in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority.
The ultimate purpose of the rules of procedure is to encourage discussion and to
facilitate decision-making by the body. In a democracy, the majority rules. The
rules must enable the majority to express itself and fashion a result, while
permitting the minority to also express itself (but not dominate) and fully
participate in the process.
The Chairperson Should Take a Back Seat During Discussions
While all members of the governing body should know and understand the rules of parliamentary
procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The
chair should be well versed in those rules, because the chair, for all intents and purposes, makes
the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the
governing body itself.
Because the chair conducts the meeting, it is common courtesy for the chair to take a less active
role than other members of the body in debates and discussions. This does not mean that the
chair should not participate in the debate or discussion. On the contrary, as a member of the
body, the chair has full rights to participate in debates, discussions and decision-making. The
chair should, however, strive to be the last to speak at the discussion and debate stage, and
should not make or second a motion unless he or she is convinced that no other member of the
body will do so.
1 These rules of parliamentary procedure are based on "Rosenberg 's Rules of Order : Simple Parliamentary
Procedures for the 21st Century" written by Dave Rosenberg and published by the League of California Cities in
2003. The procedures set forth in Rosenberg 's have been modified slightly to reflect custom, practice, and specific
code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the
Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern.
40 41
The Basic Format for an Agenda Item Discussion
All City Council and Commission meetings have a written , published agenda. The meeting is
governed by the agenda and the agenda constitutes the agreed-upon road map for the meeting.
Each agenda item should be handled by the chair in the following basic format.
First, the chair should clearly announce the agenda item number and should clearly state
what the subject is. The chair should then announce the format that will be followed. If
any member of the body has a conflict of interest, that member announces the conflict
and need for recusal and leaves the dais at this time.
Second , following that agenda format, the chair should invite the appropriate people to
report on the item, including any recommendation they might have. The appropriate
person may be the chair, a member of the governing body, a staff person, or a committee
chair charged with providing information about the agenda item.
Third, the chair should ask members of the body if they have any technical questions for
clarification. At this point, members of the governing body may ask clarifying questions
to the people who reported on the item, and they should be given time to respond .
Fourth, the chair should invite public comments or, if appropriate at a formal public
hearing, open the hearing. Speakers are typically limited to 3 minutes ; shorter time limits
may be imposed if numerous members of the public indicate a desire to speak to the
subject. At the conclusion of the public comments, the chair should announce that public
input has concluded (or that the public hearing , as the case may be, is closed).
Fifth, the chair should invite members of the body to make remarks on the matter. This
is an opportunity for members of the body to state their views on the subject before any
formal motions are made.
Sixth, the chair should invite a motion from the governing body members. The chair
should announce the name of the member who makes the motion.
Seventh, the chair should determine if any member of the body wishes to second the
motion . The chair should announce the name of the member who seconds the motion . It
is normally good practice for a motion to require a second before proceeding with it , to
ensure that it is not just one member of the body who is interested in a particular
approach.
Eighth , if the motion is made and seconded , the chair should make sure everyone
understands the motion. This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it ;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the
motion.
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Ninth, the chair should now invite discussion of the motion by the members of the
governing body. If there is no desired discussion or the discussion has ended, the chair
should announce that the body will vote on the motion. If there has been no discussion or
a very brief discussion, the vote should proceed immediately, and there is no need to
repeat the motion. If there has been substantial discussion, it is normally best to make
sure everyone understands the motion by repeating it.
Tenth, the chair takes a vote. Simply asking for the "ayes" and then the "nays" is
normally sufficient. If members of the body do not vote, then they "abstain." Unless
specific laws or procedures provide otherwise, a simple majority determines whether the
motion passes or is defeated.
Eleventh, the chair should announce the result of the vote and should announce what
action (if any) the body has taken. In announcing the result, the chair should indicate the
names of the members, if any, who voted in the minority on the motion. This
announcement might take the following form: "The motion passes by a vote of 3-2, with
Smith and Jones dissenting. We have passed the motion requiring 10 days' notice for all
future meetings of this governing body."
Motions in General
Motions are the vehicles for decision making. It is usually best to have a motion before the
governing body prior to discussing an agenda item, to help everyone focus on the motion before
them.
The chair usually initiates the motion by:
1. Inviting the members to make a motion: "A motion at this time would be
in order."
2. Suggesting a motion to the members, for example: "A motion would be in
order that we give 10-days' notice in the future for all our meetings."
3. Making the motion.
As noted , the chair has every right as a member of the body to make a motion, but normally
should do so only if he or she wishes a motion to be made but no other member seems willing to
do so.
The Three Basic Motions
Three motions are the most common:
1. The basic motion. The basic motion is the one that puts forward a
decision for consideration. A basic motion might be: "I move that we create a
five-member committee to plan and put on our annual fundraiser."
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2. The motion to amend. If a member wants to change a basic motion that
is under discussion, he or she would move to amend it. A motion to amend might
be: "I move that we amend the motion to have a 1 0-member committee." A
motion to amend takes the basic motion that is before the body and seeks to
change it in some way.
3. The substitute motion. If a member wants to completely do away with
the basic motion under discussion and put a new motion before the governing
body, he or she would "move a substitute motion." A substitute motion might be:
"I move a substitute motion that we cancel the annual fundraiser this year."
Motions to amend and substitute motions are often confused. But they are quite different, and so
is their effect, if passed.
A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way.
A substitute motion seeks to throw out the basic motion on the floor and substitute a new and
different motion for it.
The decision as to whether a motion is really a motion to amend or a substitute motion is left to
the chair. So that if a member makes what that member calls a motion to amend, but the chair
determines it is really a substitute motion, the chair's designation governs.
When Multiple Motions Are Before The Governing Body
Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion
until the three that are on the floor have been resolved.
When two or three motions are on the floor (after motions and seconds) at the same time, the
first vote should be on the last motion made. So, for example, assume the first motion is a basic
"motion to have a five-member committee to plan and put on our annual fundraiser." During the
discussion of this motion, a member might make a second motion to "amend the main motion to
have a 1 0-member committee, not a five-member committee, to plan and put on our annual
fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a
"substitute motion that we not have an annual fundraiser this year." The proper procedure would
be as follows.
First, the chair would deal with the third (the last) motion on the floor, the substitute motion.
After discussion and debate, a vote would be taken first on the third motion. If the substitute
motion passes, it would be a substitute for the basic motion and would eliminate it. The first
motion would be moot, as would the second motion (which sought to amend the first motion),
and the action on the agenda item would be complete. No vote would be taken on the first or
second motions. On the other hand, if the substitute motion (the third motion) failed, the chair
would proceed to consideration of the second (now the last) motion on the floor , the motion to
amend.
If the substitute motion failed, the chair would then deal with the second (now the last) motion
on the floor, the motion to amend. The discussion and debate would focus strictly on the
43 44
amendment (should the committee be five or 10 members). If the motion to amend passed , the
chair would now move to consider the main motion (the first motion) as amended. If the motion
to amend failed, the chair would now move to consider the main motion (the first motion) in its
original format , not amended.
Third , the chair would now deal with the first motion that was placed on the floor. The original
motion would either be in its original format (five-member committee) or, if amended , would be
in its amended format (1 0-member committee). And the question on the floor for discussion and
decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic
motions, motions to amend, and substitute motions are all eligible, each in their tum, for full
discussion before and by the body. The debate can continue as long as members of the body
wish to discuss an item , subject to the decision of the chair that it is time to move on and take
action. There are exceptions to the general rule of free and open debate on motions. The
exceptions all apply when there is a desire of the body to move on. The following motions are
not debatable (that is, when the following motions are made and seconded, the chair must
immediately call for a vote of the body without debate on the motion):
A motion to adjourn. This motion, if passed, requires the body to immediately adjourn
to its next regularly scheduled meeting. This motion requires a simple majority vote .
A motion to recess. This motion , if passed, requires the body to immediately take a
recess. Normally, the chair determines the length of the recess, which may range from a
few minutes to an hour. It requires a simple majority vote.
A motion to fix the time to adjourn. This motion, if passed, requires the body to
adjourn the meeting at the specific time set in the motion. For example, the motion might
be: "I move we adjourn this meeting at midnight." It requires a simple majority vote.
A motion to table. This motion, if passed, requires discussion of the agenda item to be
halted and the agenda item to be placed on "hold." The motion may contain a specific
time in which the item can come back to the body: "I move we table this item until our
regular meeting in October." Or the motion may contain no specific time for the return
of the item, in which case a motion to take the item off the table and bring it back to the
body will have to be taken at a future meeting. A motion to table an item (or to bring it
back to the body) requires a simple majority vote.
A motion to limit debate. The most common form of this motion is to say: "I move the
previous question" or "I move the question" or "I call for the question." When a member
of the body makes such a motion, the member is really saying: "I've had enough debate.
Let's get on with the vote." When such a motion is made , the chair should ask for a
second to the motion , stop debate , and vote on the motion to limit debate. The motion to
limit debate requires a two-thirds vote of the body. Note that a motion to limit debate
could include a time limit. For example : "I move we limit debate on this agenda item to
15 minutes." Even in this format , the motion to limit debate requires a two-thirds vote of
44 45
the body. A similar motion is a motion to object to consideration of an item. This
motion is not debatable, and if passed, precludes the body from even considering an item
on the agenda. It also requires a two-thirds vote.
Majority and Super-Majority Votes
In a democracy, decisions are made with a simple majority vote. A tie vote means the motion
fails. So in a five-member body, a vote of 3-2 passes the motion. A vote of 2-2 with one
abstention means the motion fails. If one member is absent or recused and the vote is 2-2 , the
motion still fails.
All motions require a simple majority, but there are a few exceptions. The exceptions occur
when the body is taking an action that effectively cuts off the ability of a minority of the body to
take an action or discuss an item. These extraordinary motions require a two-thirds majority (a
super-majority) to pass:
Motion to limit debate. Whether a member says, "I move the previous question," "I
move the question," "I call for the question" or "I move to limit debate," it all amounts to
an attempt to cut off the ability of the minority to discuss an item, and it requires a two-
thirds vote to pass.
Motion to close nominations. When choosing officers of the body, such as the chair,
nominations are in order either from a nominating committee or from the floor of the
body. A motion to close nominations effectively cuts off the right of the minority to
nominate officers, and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is
unnecessary, because the objectionable item can be tabled or defeated straight up.
However, when members of a body do not even want an item on the agenda to be
considered, then such a motion is in order. It is not debatable, and it requires a two-thirds
vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to
pass. If the body has its own rules of order, conduct or procedure, this motion allows the
body to suspend the rules for a particular purpose. For example, the body (a private club)
might have a rule prohibiting the attendance at meetings by non-club members. A
motion to suspend the rules would be in order to allow a non-club member to attend a
meeting of the club on a particular date or on a particular agenda item.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself: the motion to
reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and
a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is
deemed closed, subject only to reopening if a proper motion to reconsider is made. The
standards for reconsideration are set forth in the City Code.
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Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the
members of the public can attend to business efficiently, fairly and with full participation. And
at the same time, it is up to the chair and the members of the body to maintain common courtesy
and decorum. Unless the setting is very informal, it is always best for only one person at a time
to have the floor, and it is always best for every speaker to be first recognized by the chair before
proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focus on the item
and the policy in question, not on the personalities of the members of the body. Debate on policy
is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too
personal, too loud or too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair
may, however, limit the time allotted to speakers, including members of the body. Can a
member of the body interrupt the speaker? The general rule is no. There are, however,
exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be: "Point of privilege." The chair would then
ask the interrupter to "state your point." Appropriate points of privilege relate to
anything that would interfere with the normal comfort of the meeting. For example, the
room may be too hot or too cold, or a blowing fan might interfere with a person's ability
to hear.
Order. The proper interruption would be: "Point of order." Again, the chair would ask
the interrupter to "state your point." Appropriate points of order relate to anything that
would not be considered appropriate conduct of the meeting; for example, if the chair
moved on to a vote on a motion that permits debate without allowing that discussion or
debate.
Appeal. If the chair makes a ruling that a member of the body disagrees with, that
member may appeal the ruling of the chair. If the motion is seconded and after debate, if
it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, "Let's return to the
agenda." If a member believes that the body has drifted from the agreed-upon agenda,
such a call may be made. It does not require a vote, and when the chair discovers that the
agenda has not been followed, the chair simply reminds the body to return to the agenda
item properly before them. If the chair fails to do so, the chair's determination may be
appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion
on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the
floor. The motion is immediately deemed withdrawn, although the chair may ask the
person who seconded the motion if he or she wishes to make the motion, and any other
member may make the motion if properly recognized.
46 47
Special Notes About Public Input
The rules outlined here help make meetings very public-friendly. But in addition , and
particularly for the chair, it is wise to remember three special rules that apply to each agenda
item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did .
Public input is essential to a healthy democracy, and community participation in public meetings
is an important element of that input. The challenge for anyone chairing a public meeting is to
accommodate public input in a timely and time-sensitive way, while maintaining steady progress
through the agenda items . The rules presented here for conducting a meeting are offered as tools
for effective leadership and as a means of developing sound public policy.
965350.1
47 48
MOTIONS
The table below includes some of the more common motions, including a sample script, whether debate is allowed, and the type of vote
needed to pass the motion. All these motions require a second to be considered. Motions that fail to receive a second are considered a failed
motion.
Desired Action Script Debate Allowed Vote Needed
Take an Action “I move that/to [state desired action, such as accept staff
recommendation, direct staff to perform an action, or refer the
matter to a Commission or Committee for further study].”
Yes Majority
Amend a Motion “I move that this motion be amended by [state desired changes to
motion].”
Yes Majority
Substitute a Motion “I move a substitute motion [state new desired action that
replaces previous motion entirely].”
Yes Majority
Adjourn the Meeting “I move that we adjourn.”
“I move that we adjourn at [state time of adjournment].”
No Majority
Take a Recess “I move that we take a recess until [state when the recess will
end].”
No Majority
Suspend or Postpone Consideration of Item “I move that we table [state item to be tabled].”
“I move that we table this matter until [state when you wish the
item to be considered].”
No Majority
End Debate “I move that we call the question at this time.”
“I move that we call the question [state time you wish debate to
end, such as in 15 minutes].”
“I move that we do not consider this item.”
No Super Majority
Reconsider an Action “I move we reconsider [specify when reconsideration will happen,
such as now or at a later meeting] our action on [state action
previously taken].”
Yes Majority
Friendly Amendments to Motions: Though not addressed in the Rules, a member may informally offer a friendly amendment to a
motion. If the maker of the motion and the person who seconded the motion accept, that now becomes the motion.
48 49
Withdrawing a Motion: A motion may be withdrawn by the person who made the motion (this is the only person that may withdraw a
motion). The motion is immediately deemed withdrawn. No second or vote on the withdrawal is required. Another member may offer
the withdrawn motion as their own.
Reconsidering an Action: A motion to reconsider an action that has passed can only be made by a member of the prevailing side of the
original vote and is subject to additional rules set forth in the City Code.
Multiple Motions: There can be up to 3 motions on the floor at the same time. The first motion to be voted on will be the last motion
made (motion #3 is voted on first). The Chair is responsible for deciding if a motion is a “motion to amend” or a “substitute motion.” If a
motion is a substitute motion and is approved there is no further consideration of the other motions on the floor. Similarly, if a motion to
amend an earlier motion is approved then there is no further consideration of the original motion that was amended and only the
amended motion will be discussed.
MEETING ORDER AND DECORUM
Generally, a speaker should not be interrupted. The table below describes some exceptions to this rule to ensure order and decorum.
Desired Action Script
Second
Needed
Debate
Allowed Vote Needed
Address Disruptions & Discomforts
(noise, temperature, etc.)
“Point of privilege, can [state the disruption or
issue to be addressed]?
No No No vote needed; Chair
decides on issue.
Object to Procedures or Personal
Affronts
“Point of order, [state procedural or personal
affront to be addressed].”
No No No vote needed; Chair
decides on issue.
Request Information “Point of information, [state the desired
information].”
No No No vote needed; Chair
decides on issue.
Object to Decision of Chair “I appeal the Chair’s decision on [state subject
of appeal].”
Yes Yes Majority
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DISCUSSION FLOW
Chair Announces Item Report on Item Questions from
Members Public Comment Member Remarks
Motion and Second (if
action needed)
Confirm Understanding
of Motion Discussion of Motion Vote on Motion Announces Results of
Motion
50 51
RESOLUTION 13-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING GUIDELINES FOR THE LENGTH OF CITY COUNCIL AND
COMMISSION MEETINGS
WHEREAS, in order to promote opportunities for public participation and transparency
of City business, the City Council at its October 2, 2013 Council Meeting directed staff to
prepare this resolution establishing guidelines for the length of City Council and Commission
meetings; and
WHEREAS, opportunities for public participation in City Council or Commission
meetings are greatly reduced when meetings continue past midnight; and
WHEREAS, to ensure that the public can participate in the decision making process and
City business is done in a transparent manner, both City Council and Commission meetings
should conclude by midnight except in extraordinary circumstances; and
WHEREAS, if a meeting runs until 10:00 p.m., the presiding officer should determine if
the meeting will continue past midnight if all the items on the agenda are heard; and
WHEREAS, if the presiding officer believes that the meeting will not adjourn by
midnight if all the items on the agenda are heard, the presiding officer should request a motion to
continue a sufficient number of agenda items to the next regular meeting to allow the current
meeting to end by midnight.
NOW, THEREFORE, be it resolved that the City Council hereby approves the above
guidelines for the length of City Council and Commission meetings.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the
16t' day of October 2013 by the following vote:
AYES: Council Member Chuck Page, Manny Cappello, Howard Miller, Vice Mayor
Emily Lo, Mayor Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
V L
Jill Hunter, Mayor
v
ATTEST:
iC c J1'C C{b DATE: f.`1 (
Crys l Bothelio, City Clerk
189512
51 52
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 09 -052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING "ACTION" MINUTES FORMAT FOR
COUNCIL AND PLANNING COMMISSION MEETINGS
WHEREAS, it is the responsibility of the City Clerk to keep an accurate legal record of the
actions and proceedings of the legislative body. The record of proceedings used is referred to as
Minutes and
WHEREAS, the record of "Minutes" are not transcriptions, nor an exact record of discussions
and conversations; and
WHEREAS, in 2007, the City of Saratoga implemented the paperless agenda/packet and began
video streaming City Council and Planning Commission meetings; and
WHEREAS, the video archive on the City's website and the DVD recordings are a true record
of City Council and Planning Commission meetings and are available to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby
approve the implementation of "Action" minutes format for creating the record of actions and
proceedings of the legislative body (City Council and Planning Commission).
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a
regular meeting of the Saratoga City Council held on the 16 day of September 2009 by the following
vote:
AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King,
Mayor Chuck Page
NOES: None
Chuc Page, Mayo
52 53
RESOLUTION NO.21-045
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SARATOGA ESTABLISHING A
REMOTE PUBLIC PARTICIPATION POLICY
WHEREAS, during the novel coronavirus pandemic, the City used a virtual meeting tool that
allowed the City Council, Council Committees, Commissions to continue holding meetings and provided
a way for the public to participate in meetings; and
WHEREAS, the City Council recognizes that public participation is a critical component of the
civic process and values the input it receives from members of the public during meetings; and
WHEREAS, the City Council wishes to make it easier for the public to comment during meetings
by providing the public with a way to participate remotely in most public meetings of the City Council,
Council Committees, and Commissions in addition to attending meetings in person or submitting written
comments in advance of the meeting; and
WHEREAS, the City Council recognizes that it may not be feasible to provide the public with the
option to participate remotely in every City Council, Council Committee, and Commission meeting, such
as site visits;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
establishes the attached policy for remote public participation in City Council, Council Committee, and
Commission Meetings.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 16"' day of June 2021 by the following vote:
AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Mary -Lynne Bernald,
Kookie Fitzsimmons, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
Yan o, Mayor
A
DATE:
e e Bretschneider, CMC
City Clerk
53 54
CITY OF SARATOGA REMOTE PUBLIC PARTICIPATION POLICY
Adopted June 16, 2021 via Resolution 21-045
The City Council of the City of Saratoga has approved this policy concerning remote public
participation in City Council, Council Committee, and Commission Meetings.
1. City Council, Council Committee, and Commission Meetings held in the Civic Theater or
Linda Callon Conference Room must include an option for the public to participate
remotely once these rooms are equipped to allow remote participation. This requirement
does not apply in the event that remote participation technology is unexpectedly not
available (such as an internet service outage).
2. To the greatest extent possible, City Council, Council Committee, and Commission
Meetings should be scheduled to occur in either the Civic Theater or Linda Callon
Conference Room. However, the City Council recognizes that not all meetings can occur
in these two locations. For example, site visits and meetings with many attendees.
3. Council Committee and Commission regular meeting schedules and locations shall be
established to allow use of the Civic Theater or Linda Callon Conference Room to provide
the public with the option to participate in meetings remotely.
City of Saratoga Remote Public Participation Policy
Adopted June 16, 2021 via Resolution 21-045)
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RESOLUTION NO.21-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE CITY COUNCIL AND COMMISSIONS ELECTRONIC
COMMUNICATIONS POLICY
WHEREAS, the City of Saratoga seeks to promote effective use of electronic communications by
City Council members and Commissioners in conducting City business and to create a system that allows
compliance with state and federal laws governing electronic communications including the Brown Act, the
Public Records Act, records retention laws, and state and federal rules of evidence; and
WHEREAS, the City Council approved Resolution No.10-026 on May 19, 2010 adopting the City
Council and Commission Electronic Communications Policy; and
WHEREAS, the City Council wishes to update that policy to reflect changes in the law and City
practices and to promote clarity.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby
adopt the attached amended City Council and Commission Electronic Communications Policy and declares
that this Resolution shall supersede all prior resolutions, policies, and understandings relating to the City
Council and Commission Electronic Communications Policy.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 21"day of July 2021 by the following vote:
AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Mary -Lynne Bernald,
Kookie Fitzsimmons, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
AT f)ST:
DATE:
D to Bretschneider, CMC, City Clerk
65 66
CITY OF SARATOGA
City Council and Commissions
Electronic Communications Policy
Updated July 21, 2021
I. Purpose: Use of electronic media is necessary and useful for City Council and Commission
members in order to improve communication and efficiently perform their City duties. The
purpose of this policy is to ensure the proper use of the City's electronic media and to set out the
policy the City Council and Commission members will follow when using electronic media and
the City's electronic communication system. This policy will also insure that use of City
electronic media complies with applicable law, including the Public Records Act and Brown Act.
This policy is applicable to all City Council members and Commissioners.
II. Definitions
A. City's Electronic Communication System — City -owned devices or products designed
to electronically process, transmit, or store information such as computers, phones, cell
and smart phones, printers, modems, data files, and e-mail.
B. E-Communication — electronic text or visual communication and attachments
distributed via e-mail, websites, instant messaging, text messaging, social media platform
such as Twitter, Facebook, and Instagram), or comparable services.
C. Electronic Media — a method for processing or transmitting information in electronic
form, including E-Communication, software programs and the Internet.
D. Social Media Platform - an online service that members of the general public have the
ability to access and participate, free of charge, without the approval by the social media
platform or a person or entity other than the social media platform, including any forum
and chatroom, and cannot be blocked from doing so, except when the social media
platform determines that an individual violated its protocols or rules.
III. General Procedures
A. Procedures for Electronic Communications. E-Communication by nature represents
and reflects upon the City's public image and integrity. Council members and
Commissioners should ensure that their messages are respectful, professional, and are
consistent with City policies. E-Communication should be written or otherwise presented
in the same professional and respectful manner as paper communications. The City's
Electronic Communication System shall be used only for City business.
B. City Council E-mail Accounts and E-Communications. All Council members will be
issued accounts for use of City electronic media for e-mail on City business. Council
members shall not use their personal or business e-mail accounts or addresses for any
66 67
communication pertaining to City business. When using e-mail, users should
communicate with the public and staff solely via their designated City e-mail addresses.
Council members shall not commingle E-Communication pertaining to City business
with E-Communication pertaining to their personal life or business. If a personal or
business e-mail addresses is inadvertently used for City business the Councilmember
shall forward that communication to the City Clerk and notify the other party to the
communication that future communication on that matter should occur through the City
issued e-mail address. Council members shall keep a record of all E-Communications
other than e-mail communications (such as social media or text conversations) and
provide a copy to the City Clerk upon request in the event of a Public Records Act
request.
C. Commissioner E-Communications. Commissioners use their personal E-
Communications accounts for City business. All E-Communications concerning
Commission business must include a copy to the Commission staff liaison; this ensures
that the City has a record of all E-Communications concerning City business. Members
of the public may contact Commissioners through the City website; these
communications are forwarded to each Commissioner. Commissioners shall keep a
record of all E-Communications other than e-mail communications (such as social media
or text conversations) and provide a copy to the Commission liaison upon request in the
event of a Public Records Act request.
D. Electronic Communications between Council members or Commissioners
Concerning City Business. Communications from (1) a Council member to another
Council member or members concerning City business, and (2) a Commissioner to
another Commissioner or Commissioners concerning Commission business should be
one way" and marked "For Information Only —Do Not Reply."
E. E-Communications with the Public. In accordance with the Brown Act, Council
members and Commissioners may engage in separate conversations with members of the
public on Social Media Platforms to answer questions, provide information, and request
information from the public on a matter of City business. Council members and
Commissioners may not respond directly to any communication on a Social Media
Platform posted, made, or shared by another member of the body on which they serve if it
concerns a matter of that body's business. This prohibition applies to commenting,
posting emojis or other images, and other digital icons (including clicking on a reactive
symbol, such as "thumbs up," "like," or "heart").
F. Electronic Communication by a Quorum of the Council and Commission or a
Council and Commission Standing Committee. A majority of the members of the
Council or a Commission shall not send or exchange facts about or engage in discussions
including commenting, replying, sharing, reacting or using digital icons), regarding
matters of the Council's (for Council members) or their Commission's (for
Commissioners) business via E-Communication, including e-mail, Social Media
Council and Commission Electronic Communications Policy — Updated July 21, 2021
Page 3 of 567 68
Platforms or chat rooms, news groups, on-line forums, weblogs, or list -serves
collectively referred to as "Internet forums").
G. Electronic Communications from the Public. The public may electronically
communicate with the Council and Commissions through the City's Website at:
www.sarato agca.us.
1) E-Communication from the public addressed to the City Council will be
distributed promptly to each Council member and E-Communication addressed to
a Commission will be distributed promptly to each member of the Commission.
E-Communication addressed to the Council or a Commission also will be
forwarded to the City Clerk. To avoid inadvertent violations of the Brown Act
the Mayor, or Mayor's designated representative, in consultation with staff if
necessary, will respond on behalf of the Council to E-Communication addressed
to the Council with a copy to the City Council. The Commission chair or
Commission staff liaison will respond on behalf of the Commission to E-
Communication addressed to the Commission with a copy to the Commission.
2) E-Communication from the public addressed to more than a quorum of the City
Council or Commission shall be forwarded by the recipients to the City Clerk (for
the City Council) or staff liaison for the Commission. These E-Communications
will be distributed and responded to in accordance with paragraph G. 1, above.
3) Upon receipt of an E-Communication addressed to less than a quorum of the City
Council or Commission, the recipient may: 1) treat it as an individual
communication to which he or she may or may not respond; 2) inform the Council
or Commission of the communication at a properly noticed meeting; or 3) ask that
it be forwarded to the full Council or Commission as part of its information
packet for the next available Council or Commission meeting. Such E-
Communication may also be forwarded to staff for response as set out in Section
G, below. When a Council member or Commissioner responds to individual E-
Communication from the public, and desires to forward the response to the
Council or Commission, he or she shall forward his or her response and the
individual E-Communication to the City Clerk or Commission liaison for
inclusion in the Council or Commission's informational packet at the next
available Council or Commission meeting.
H. City Electronic Communications with the Public.
1) City staff will post official information on upcoming and prior City Council and
Commission meetings on the City website in accordance with requirements of the Brown
Act. Council and Commission agendas and minutes will be available on the City website.
2) Additionally, the City will share information about City hosted activities and topics of
community interest through City communication channels, such as the City website and
social media accounts. Information about community events hosted by other
Council and Commission Electronic Communications Policy — Updated July 21, 2021
Page 4 of 568 69
organizations will be shared in accordance with the Community Event Promotion and
Sponsorship Policy. Additional information or materials may be posted at the discretion
of the City Manager or Manager's designee.
I. Use of E-Communication During Meetings. City Council members shall not use E-
Communication at any time during a meeting of the City Council at which he or she is in
attendance. No Commissioner may use E-Communication at any time during a meeting
of the Commission of which he or she is a member at which he or she is in attendance.
The foregoing limitation shall not apply to receipt of telephone calls or text messages
from family members in the event of an urgent family matter; a Council member or
Commissioner wishing to respond to such a message during the meeting shall do so
during a recess or shall excuse him or herself from the meeting to place the return call or
text in a manner that does not disrupt the meeting.
J. City Participation in Internet Forums. The City will not generally answer questions or
respond to comments made in Internet forums other than those shared through the City's
own accounts. The Mayor or City Council may ask staff to conduct outreach on common
topics or questions. If a Council member desires staff to prepare a response to a question
or comment received by E-Communication or made in an Internet forum, the Council and
Commission member may forward the question or comment to the City Manager and
request that staff prepare an appropriate response in a reasonable period of time. If
preparation of a response will require significant staff time to research or draft the
response, an interim response to the questioner or commenter will be sent as soon as
possible acknowledging receipt of the inquiry and informing the sender that a response is
being prepared.
IV. Specific Procedures
A. Retention of E-Mail. The City electronically archives E-communications in accordance
with the City's Records Retention schedule. E-communications that constitute
preliminary drafts, notes, or intra-agency or interagency memoranda that are not retained
by the City in the ordinary course of business are not required to be archived and should
be deleted prior to regularly scheduled archiving. The City Clerk and City Attorney are
available to assist Council members and Commissioners in determining how to address
questions concerning the application of these procedures.
B. Public Records Act. City records, whether paper or electronic, are governed by the
public disclosure requirements of the Public Records Act. Disclosure may be required
regardless of who sends or receives a communication or document. In the event that the
City receives a request for disclosure of City records that includes E-Communication, the
person responsible for the requested records must use his or her best efforts to preserve
all City E-Communication covered by the request until the responsive E-
Communications have been identified. Requests for disclosure of any City records
applicable to E-Communication or other electronic records of any Council member or
Commissioner shall be submitted to the City Clerk.
Council and Commission Electronic Communications Policy — Updated July 21, 2021
Page 5 of 5
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C. Confidentiality.
1) California law requires that certain information be treated as confidential and not be
distributed to others inside or outside the City who do not have authorization to view
such information. Council members or Commissioners may occasionally receive
confidential electronic information. Some examples of confidential information are:
personnel records, internal investigations, information relating to litigation or
potential litigation, attorney -client communication, information relating to labor
negotiations, or information relating to confidential real estate negotiations. When
Council and Commission members receive confidential information, it should be
marked "Confidential Information" so that Council and Commission members are
alerted to the nature of the information.
2) Confidential information should not be sent or forwarded to individuals or entities not
authorized to receive that information and should not be sent or forwarded to City
employees not authorized to view such information.
3) Council and Commission members shall exercise caution in sending confidential
information by E-Communication as compared to written memoranda, letters or
phone calls; because of the ease with which such information can lose confidentiality
by inadvertent or intentional diversion or re -transmission by others.
4) The City Attorney should be contacted concerning any questions about whether a
communication is confidential.
V. Compliance with this Policy: It is the responsibility of every Council member and
Commissioner to ensure that he or she is in compliance with this Electronic Communications
Policy.
Council and Commission Electronic Communications Policy — Updated July 21, 2021
Page 6 of 5
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City of Saratoga Council and Commission Expense Policy
Approved December 16. 2015
I. Purpose
The City of Saratoga takes its stewardship over the use of its limited public resources
seriously. This policy provides direction to City Council members and City
Commissioners, on the use and expenditure of City resources, as well as the standards
against which those expenditures will be measured.
II. General
A. City resources should be used only when there is a benefit to the City, including:
The opportunity to discuss the community's concerns with state and federal
officials and representatives of other local governments in the region;
Participating in regional, state, and national organizations whose activities affect
the City;
Educational expenses related to improving the City Officials' skill and knowledge.
III. Authorized Expenses
A. City funds, equipment, supplies (including letterhead), and staff time must only be
used for authorized City business and may not exceed the adopted budget
appropriation.
1. The adopted budget appropriation for City Council’s annual training and travel
budget shall be allocated as follows, unless otherwise approved by the Mayor:
a. 30% to the Mayor
b. 70% divided equally among the four City Council members
2. The Council’s training and travel budget shall include a separate appropriation
for new Council members and Mayors to attend the League of California Cities
New Mayors & Council Members Academy. This appropriation is in addition to
the normal training allocation referenced above.
3. The adopted budget appropriation for a Commission’s annual training and travel
budget shall be allocated by the staff liaison in cooperation with the
Chairperson.
B. Expenses incurred in connection with the following types of activities generally
constitute authorized expenses, as long as the other requirements of this policy are
met:
72 73
1. Communicating with representatives of regional, state, and national
government on City-adopted policy positions;
2. Attending educational seminars or procurement of educational materials
designed to improve officials' skill and information levels;
3. Participating in regional, state, and national organizations whose activities affect
the City's interests;
4. Attending City and City-related events.
IV. Expenditure Approval Requirements
A. For Mayor and Council Members: Pre-approval of expenses to be incurred is not
required, except that the following expenses require prior approval from the City
Council at a regular or special City Council meeting:
1. International and out-of-state travel;
2. Expenses (other than related to conferences sponsored by the League of
California Cities) exceeding $500 per trip; and
3. Expenses not related to Section III. B.1 through B.4, but which nonetheless will
offer substantial benefit to the City.
B. For Commissioners, expenditures require pre-approval by the Commission’s staff
liaison and out-of-state travel requires pre-approval of the City Council.
V. Non-authorized Expenses
A. Examples of personal expenses that the City will not reimburse include, but are not
limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying official on
agency-related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either in-room or at the
theater), sporting events (including gym, massage and/or golf related expenses),
or other cultural events;
5. Alcoholic beverages, either as a portion of a meal expense or as a separate
charge;
6. Non-mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline; and
7. Any additional costs related to the extension of travel beyond what is required
73 74
for business-related purposes (except due to travel restrictions caused by
inclement weather); and
8. Personal losses incurred while on City business.
B. Any questions regarding authorization of a particular type of expense should be
resolved by the approving authority before the expense is incurred.
VI. Cost Control
A. To conserve City resources and keep expenses within community standards for
public officials, expenditures should adhere to the following guidelines. In the event
that expenses are incurred which exceed these guidelines, the cost borne or
reimbursed by the City will be limited to the costs that fall within the guidelines.
1. Transportation
a. The most economical mode and class of transportation reasonably consistent
with scheduling needs and cargo space requirements must be used, using the
most direct and time-efficient route.
b. Charges for rental vehicles may be reimbursed under this provision if it is
determined that using a rental vehicle is more economical than other forms
of transportation. In making such determination, the cost of the rental
vehicle, parking and gasoline will be compared to the combined cost of other
forms of transportation. Government and group rates must be used when
available.
2. Airfare
a. Airfares shall be booked through the City Manager’s Office for the lowest
available cost that meets business travel needs.
b. Luggage Fees from airlines will be reimbursed for one checked bag that
weighs 50 pounds or under.
3. Automobile
a. Automobile mileage is reimbursed at Internal Revenue Service rates
presently in effect (see http://www.irs.gov). These rates are designed to
compensate the driver for gasoline, insurance, maintenance, and other
expenses associated with operating the vehicle. This amount does not
include bridge and road tolls, which are also reimbursable. Forms for this
reimbursement are available.
b. Automobile rental expenses, including insurance coverage recommended by
the City’s Risk Manager, will be reimbursed at rates not to exceed business
class auto rentals. Fuel expenses for business related usage will also be
74 75
reimbursed, however repairs or citations resulting from the use of the rental
vehicle will not be reimbursed.
4. Taxis/Shuttles
a. Taxis or shuttles fares may be reimbursed, including a fifteen (15%) percent
gratuity per fare. Taxis or shuttles may be utilized when the cost of such fares
is equal to or less than the cost of car rentals, gasoline and parking
combined, or when such transportation is necessary for time-efficiency.
5. Lodging
a. Lodging expenses will be paid or reimbursed when official City business
requires an overnight stay that exceeds 50 miles from Saratoga City Hall,
unless otherwise approved by the Mayor.
6. Conferences/Meetings
a. If lodging is in connection with a conference, expenses must not exceed
the group rate published by the conference sponsor, if such rates are
available at the time of booking. If the group rate is not available, the
policy in the following section "Other Lodging" shall apply.
7. Other Lodging
a. Travelers must request government rates, when available. A listing of
hotels offering government rates in different areas is available at
www.dgs.ca.gov/travel. Lodging rates that are equal to or less than
government rates are presumed to be reasonable and hence
reimbursable for purposes of this policy.
b. In the event that government rates are not available at a given time or in
a given area, lodging rates that do not exceed the IRS per diem rates for a
given area are presumed reasonable and hence reimbursable. See Form
2106 -EZ at www.irs.gov . The site provides references to hotels that have
government rates at or below Internal Revenue Service per diem limits.
Per Diem rates vary by location and can be found at
www.gsa.gov/perdiem.
8. Meals
a. Meal expenses (breakfast, lunch, dinner) and associated gratuities are
limited to a total of $100/day with receipts. Partial conference and travel
days are pro-rated. The City does not reimburse for snacks and drinks
between meals.
b. If meals are included in the cost of the business-related activity
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registration fee, but Council or Commissioner elects to purchase the meal
from another source, the cost of that meal will not be paid by the City.
c. If receipts are not available, a per diem reimbursement will be provided
in the following amounts:
Breakfast: $15
Lunch: $15
Dinner: $30
9. Laundry service
a. Laundry services are generally not eligible for reimbursement. On a case-
by-case basis, when an extended business trip extends over seven (7) or
more calendar days, reasonable laundry expenses may be reimbursed for
necessary business clothing.
10. Internet
a. If Internet access is necessary for City-related business and is not
provided free of charge at the conference or hotel site, officials will be
reimbursed for Internet access connection and/or usage fees, not to
exceed $20.00 per day.
11. Airport Parking
a. Officials will be reimbursed for airport parking related to City business-
related travel.
b. Long-term parking must be used for travel exceeding 24-hours. Where
practical, an airport shuttle should be used if the cost of the shuttle to
and from the airport would be less than the anticipated cost of long term
parking.
12. 0ther
a. Expenses for which City officials receive reimbursement from another
agency are not reimbursable.
VII. Expense Report Content and Submission Deadline
A. All expenditure reports and expense reimbursement requests must be submitted on
the City’s current "Expense Report" form within thirty (30) days of an expense being
incurred. The form must be accompanied by receipts documenting each expense or
supporting documentation if requesting a per-diem meal reimbursement.
Reimbursement is permitted only for meals that are not provided by the
conference/meeting/seminar.
B. Expense reports must document that the expense in question met the requirements
76 77
of this policy. For example, if the meeting is with a legislator, the local agency official
should explain whose meals were purchased, what issues were discussed and how
those relate to the City's adopted legislative positions and priorities.
C. Inability to provide such documentation in a timely fashion may result in the
expense being borne by the official.
VIII. Audits of Expense Reports
A. All expenses are subject to verification that they comply with this policy.
IX. Reports to City Council or Commission
A. Following an event for which a reimbursement claim has or will be submitted, the
official seeking reimbursement shall, at the next regular City Council or Commission
meeting (or at an earlier special meeting if practical), briefly report on the event. If
multiple officials attended, a joint report may be made.
X. Compliance with Laws
A. City officials should keep in mind that some expenditures may be subject to
reporting under the Political Reform Act and other laws. All agency expenditures are
public records subject to disclosure under the Public Records Act.
B. This policy supplements the definition of actual and necessary expenses for
purposes of state laws relating to permissible uses of public resources.
C. This policy also supplements the definition of necessary and reasonable expenses for
purposes of federal and state income tax laws.
XI. Violation of This Policy
A. Use of public resources or falsifying expense reports in violation of this policy may
result in any or all of the following:
1. Loss of reimbursement privileges;
2. A demand for restitution to the City;
3. The City reporting to state and federal tax authorities that the official's expenses
are income;
4. Civil penalties of up to $1,000 per day and three times the value of the resources
used; and
5. Prosecution for misuse of public resources.
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Page 1 of 8
City of Saratoga
Donation Policy
I. Purpose
Members and supporters of the Saratoga community from time to time wish to support
the community by making donations to the City of Saratoga. The City Council
appreciates this generosity and has adopted this policy regarding donations to the City of
Saratoga, including City departments and City sponsored programs, activities, and events.
(This policy is distinct from the Employee Gifts Policy, which provides City of Saratoga
employees with a clear standard about when it is acceptable and prohibited to accept gifts
from a member of the public, a business, an organization, or other entity.)
II. Definitions
1. Donation: a contribution made to the City without expectation of goods, services, or
significant benefit or recognition in return. Donations may be in the form of money or
in-kind contributions of products, services, investment securities, real property (land),
or any combination thereof. A donation may be unrestricted, where the donor has
placed no limitation on its use, or restricted, where the donor has restricted its use to a
specified purpose. Donations that, if accepted, would obligate the City to enter into a
service, procurement, or other agreement shall not be considered a donation. Grants
to the City from a local, state, or federal agency are not subject to this policy.
2. Donor: Any organization or individual who provides the City with a donation.
3. Donation Agreement: An agreement between the City and the donor that details any
restrictions on a donation as well as the respective obligations of the donor and the
City.
4. Fundraising: Any activity conducted with the intent of generating donations to the
City. Fundraising activities may include, but are not limited to, promoting endowment
programs, program adoption or pledge drives, and contacting individuals, companies,
foundations, or other entities with a request for a donation to the City.
III. General Provisions
1. The City welcomes unrestricted donations as well as restricted donations that enhance
City services, reduce costs that the City would incur in the absence of the donation, or
that otherwise provide a benefit to the City. The City may decline any donation
without comment or cause.
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Page 2 of 8
2. Donors shall not expect, nor shall the City grant, any extra consideration to the donor
in relation to City procurement, regulatory matters, or any other business, services, or
operations of the City. To avoid the possible appearance of extra considerations,
members of the Planning and Heritage Preservation Commissions and staff of the
Community Development Department are not authorized to solicit donations to the
City.
3. No City Council member, Commissioner, employee, or volunteer shall solicit
donations in excess of $500 in money or in-kind services for any City project,
program, activity, or event (“supported activity”) unless the City Council has
approved a fundraising plan for the supported activity. A recommended form for a
fundraising plan is attached as Exhibit A to be revised as appropriate for the
fundraising goal and type of supported activity in question.
4. Donations must be directly related to providing goods or services to the public or for
another valid public purpose. Donations may not be used for personal financial gain
of any City elected or appointed official or employee.
5. The net benefit of a donation should be considered when determining whether to
accept a donation. Net benefit includes all lifecycle costs of ownership, including
maintenance, repair, clean-up, administrative, and any potential liability or expenses
that may be associated with the donation.
a. Donations may not be used to implement new on-going programs or services
unless a permanent source of revenue is identified to support the program or
service.
b. Potential costs and liabilities should be considered if a donation of personal
property or of a service does not include the same indemnification, insurance,
bonding, or warranties that the City would normally receive through procurement
of personal property or services.
c. Real property may be donated to the City provided that it will not expose the City
to an unreasonable risk of litigation or liability, because of the physical condition
of the property or existence of claims, liens, and encumbrances against the
property.
6. Council members and other City officials are responsible for reporting fundraising
activities and donations as required by applicable laws and regulations.
IV. Procedures
1. Unrestricted donations of $5,000 or less may be accepted or declined by the City
Manager. Restricted donations of $500 or less may be accepted or declined by the
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Adopted Via City Council Resolution 15-017 (April 1, 2015)
Page 3 of 8
City Manager. Unrestricted donations of more than $5,000 and restricted donations of
more than $500 must be brought to the City Council for consideration.
2. The City Manager may choose to request City Council consideration of any donation,
regardless of value.
3. The City Council shall consider proposed donations beyond the authority of the City
Manager set forth above and proposed donations referred to it by the City Manager.
The City Council may accept or decline any donation at its sole discretion.
4. All donations will receive appropriate recognition as determined by the City Manager
or City Council at the time the donation is accepted, taking into consideration the
nature and level of the donation. Upon request of the donor or if specified in a City-
initiated request for donors, limited forms of promotional activity (such as logo or
name placement on signs, flyers, and other materials related to a program or activity
supported by the donation) are permitted. The appearance of traditional commercial
advertising should be avoided and the size of donor recognition should be in keeping
with the size of non-recognition information used in the materials. The agreed upon
form of recognition should be identified in the donor receipt or a donation agreement.
Any naming of City parks, property, or facilities shall follow the guidelines set forth
in the City’s Policy Pertaining to Naming City-Owned Land and Facilities.
5. When donations with a value in excess of $100 are accepted or upon the request of
the donor, the City will issue the donor a receipt indicating the amount of the
donation or describing the goods or services donated within 30 days of receiving the
donation. (In accordance with the Internal Revenue Code the City does not provide
an estimated value of in-kind donations; donors may refer to IRS Publication 561 for
more information on valuing donated property.) The donation receipt shall also
include the date of the donation, the name of the donor, the purpose of the donation
(if a restricted donation), a brief description of any public recognition that will be
made by the City, and note that the donor received no goods or services in exchange.
The original receipt shall be submitted to the donor and the City shall retain a copy.
A sample donation receipt is attached as Exhibit B.
6. Before acceptance of a restricted donation valued at more than $500 or an
unrestricted donation valued at more than $5,000, the respective obligations of the
donor and the City shall be set forth in a donation agreement. A sample donation
agreement is attached as Exhibit C. The City Manager or City Council may require
donation agreements for donations valued at any amount.
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Page 4 of 8
7. The City shall maintain records for the receipt of all donations and shall comply with
all reporting requirements and regulations including, but not limited to, FPPC
Regulation 18944.2 Gifts to an Agency. For donations that were made at the behest
of a City Council member that person shall determine whether a Form 803 (Behested
Payments Report) is required pursuant to the Political Reform Act.
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Page 5 of 8
EXHIBIT A – FUNDRAISING PLAN FORM
City of Saratoga Fundraising Plan
Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising
project.
Fundraising Participants: Please list the names for all groups and individuals that will be
conducting fundraising.
Donation Type/Amount: Please describe the types and amount of donations that will be
sought.
Anticipated Donors: Please describe who will be approached for donations.
Donor Recognition Plan: Please describe how donors will be recognized.
Fundraising Timeline:
Council Review of Fundraising Plan:
Fundraising Start:
Fundraising Completion:
Council Review of Donations:
Donor Recognition Complete:
Restrictions/Reporting: Please identify any restrictions or reporting requirements
associated with this fundraising plan.
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Page 6 of 8
EXHIBIT B – SAMPLE DONATION RECEIPT
City of Saratoga Donation Receipt
This is to confirm that on __________________ [insert date] the City of Saratoga received from
__________________________________________________ [insert donor name and address]:
a monetary contribution of $_________________
a non‐monetary contribution consisting of [describe goods, services, property,
securities, etc.]:
No goods or services were provided by the City of Saratoga in return for the contribution.
The City sincerely appreciates your donation.
_______________________
Mary Furey
Administrative Services Director
City of Saratoga
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EXHIBIT C – SAMPLE DONATION AGREEMENT
City of Saratoga
Standard Donation Agreement
The undersigned Donor wishes to make a donation to the City of Saratoga as described in more
detail below.
Donor is (check and complete all that apply):
donating $_________________________ in a lump sum
donating $_________________________ in __________________ (monthly, quarterly,
etc.) payments of $_________________________ in __________________ installments.
donating the following (describe products, services, investment securities, real property,
etc.):
If this box is checked the City’s acceptance of the donation described above is subject to the
conditions specified on Attachment 1.
If this box is checked this donation is restricted to the following uses:
City will publicly recognize donor by (describe recognition):
If this box is checked this donation is being made at the behest of Council
Member/Commissioner/City Staff Member __________________________.
In connection with administering this agreement, Donor and City shall work through the
following primary representatives:
City of Saratoga Donor
Primary Representative:
Address:
Telephone:
Fax:
Cell Phone:
E-mail:
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Page 8 of 8
In addition to the foregoing, Donor and City understand and agree that:
1. The City will provide Donor with a donation receipt indicating the amount of the
donation or estimated value of goods or services donated within 30 days of receiving the
donation.
2. Donor’s contribution to the City will be recognized publicly as described above.
3. Except as provided above, the City may use the donation in any manner at its sole
discretion and Donor has no right or obligation to control City’s use of the donation.
4. Donor has not and will not receive any goods or services in exchange for the donation
and the City will not grant any extra consideration to the donor in relation to City
procurement, regulatory matters, or any other business, services, or operations of the
City.
5. Donor confirms that unless indicated otherwise above this donation is not made at the
behest of a City Council Member or of any member of the Planning or Heritage
Preservation Commissions or staff of the Community Development Department.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Donor City of Saratoga
James Lindsay, City Manager
Name Title
Date: Date:
ATTEST:
Crystal Bothelio, City Clerk
Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
663906.5
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Page 1
Saratoga Rules of Parliamentary
Procedure Quick Reference Guide
MOTIONS
The table below includes some of the more common motions, including a sample script, whether debate is allowed, and the type of vote
needed to pass the motion. All these motions require a second to be considered. Motions that fail to receive a second are considered a failed
motion.
Desired Action Script Debate Allowed Vote Needed
Take an Action “I move that/to [state desired action, such as accept staff
recommendation, direct staff to perform an action, or refer the
matter to a Commission or Committee for further study].”
Yes Majority
Amend a Motion “I move that this motion be amended by [state desired changes to
motion].”
Yes Majority
Substitute a Motion “I move a substitute motion [state new desired action that
replaces previous motion entirely].”
Yes Majority
Adjourn the Meeting “I move that we adjourn.”
“I move that we adjourn at [state time of adjournment].”
No Majority
Take a Recess “I move that we take a recess until [state when the recess will
end].”
No Majority
Suspend or Postpone Consideration of Item “I move that we table [state item to be tabled].”
“I move that we table this matter until [state when you wish the
item to be considered].”
No Majority
End Debate “I move that we call the question at this time.”
“I move that we call the question [state time you wish debate to
end, such as in 15 minutes].”
“I move that we do not consider this item.”
No Super Majority
Reconsider an Action “I move we reconsider [specify when reconsideration will happen,
such as now or at a later meeting] our action on [state action
previously taken].”
Yes Majority
Friendly Amendments to Motions: Though not addressed in the Rules, a member may informally offer a friendly amendment to a
motion. If the maker of the motion and the person who seconded the motion accept, that now becomes the motion.
88
Page 2
Withdrawing a Motion: A motion may be withdrawn by the person who made the motion (this is the only person that may withdraw a
motion). The motion is immediately deemed withdrawn. No second or vote on the withdrawal is required. Another member may offer
the withdrawn motion as their own.
Reconsidering an Action: A motion to reconsider an action that has passed can only be made by a member of the prevailing side of the
original vote and is subject to additional rules set forth in the City Code.
Multiple Motions: There can be up to 3 motions on the floor at the same time. The first motion to be voted on will be the last motion
made (motion #3 is voted on first). The Chair is responsible for deciding if a motion is a “motion to amend” or a “substitute motion.” If a
motion is a substitute motion and is approved there is no further consideration of the other motions on the floor. Similarly, if a motion to
amend an earlier motion is approved then there is no further consideration of the original motion that was amended and only the
amended motion will be discussed.
MEETING ORDER AND DECORUM
Generally, a speaker should not be interrupted. The table below describes some exceptions to this rule to ensure order and decorum.
Desired Action Script
Second
Needed
Debate
Allowed Vote Needed
Address Disruptions & Discomforts
(noise, temperature, etc.)
“Point of privilege, can [state the disruption or
issue to be addressed]?
No No No vote needed; Chair
decides on issue.
Object to Procedures or Personal
Affronts
“Point of order, [state procedural or personal
affront to be addressed].”
No No No vote needed; Chair
decides on issue.
Request Information “Point of information, [state the desired
information].”
No No No vote needed; Chair
decides on issue.
Object to Decision of Chair “I appeal the Chair’s decision on [state subject
of appeal].”
Yes Yes Majority
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Page 3
DISCUSSION FLOW
Chair Announces Item Report on Item Questions from
Members Public Comment Member Remarks
Motion and Second (if
action needed)
Confirm Understanding
of Motion Discussion of Motion Vote on Motion Announces Results of
Motion
90
Brown Act Information
and FAQ’s
BROWN ACT INFORMATION
Beginning with meetings on March 1, 2023, members of the City of Saratoga City Council and City
Commissions return to in-person meetings. Pursuant to the City’s Remote Public Participation Policy,
members of the public may participate in meetings either virtually or in person.
If a member of the City Council or a City Commission chooses to attend a public meeting via
teleconference, Brown Act rules must be followed. These include:
• The agenda must list the location of all teleconference locations and the agenda must be posted
at all teleconference locations 72 hours before the meeting.
• All teleconference locations must be accessible to the public.
• Members of the public at each teleconference location and City Hall must be given the
opportunity to address the legislative body.
• Votes must be taken by roll call when using teleconferencing during a meeting.
• A quorum of the body must be located within the boundaries of the jurisdiction (either at City
Hall or at remote locations within the City).
FREQUENTLY ASKED QUESTIONS
1. What if, on the day of the meeting, I am sick and unable to attend in person? Can I attend the meeting
via teleconference and participate as a member of the legislative body?
a. You may attend the meeting - as a member of the public via Zoom using the public link on
the agenda and you may provide comments during Public Comment only.
b. You may not participate as a member of the body; you may not participate in discussions
during questions of staff or during deliberations and you may not vote on items being
discussed.
2. What if I have a City related conference and will be out of town to attend the conference? Can I attend
the meeting via teleconference and participate as a member of the body?
a. If you have listed on the agenda the location you will be teleconferencing from and have
ensured the agenda is posted at that location, yes. You will also be required to provide access
to members of the public at that location and must allow the public the opportunity to
address the body from that location. Staff will ask you to confirm certain matters for the
record when the meeting begins.
3. What if I find out after the agenda has been posted that I will be out of town for the meeting?
a. All teleconference locations must be listed on the agenda 72 hours before the meeting. You
may participate as a member of the public as described in the answer to Question 1.
4. If my legislative body is established as consisting of only two voting members and I am one of those
members and will be out of town for the meeting, can I participate via teleconference if I follow the
posting requirements and provide access to the public at the out of town location?
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Brown Act Information and FAQ’s - Page 2
a. No, a quorum of the body must be located within the boundaries of the jurisdiction. In this
case, the meeting would not be held if a quorum is not located within the City’s boundaries.
CONFIRMING MATTERS FOR THE RECORD
To document the City’s compliance with the relevant Brown Act requirements, confirm the following
matters and have them reflected in the minutes for the meeting.
The City Clerk/Staff Liaison states “I would like to make clear for the record, Council
Member/Commissioner X is participating from XX pursuant to California Government Code 54953 (b).
and the location has been identified in the agenda for this meeting.” then proceeds with the following -
Questions for staff to ask those participating via teleconference:
1. Council Member/Commissioner X will you please respond to the following questions:
2. Can you hear me well?
3. Were you able to hear our proceedings up until now?
4. Do you have a copy of the agenda for this meeting?
5. Have you ensured the agenda for this meeting was posted at your location within 72 hours of
the meeting?
6. Is your location accessible to the public, such that any member of the public can participate from
your location if they wish to do so?
7. Is there any member of the public there with you who would like to participate in the public
comment portion of the meeting or otherwise address any agenda item for this meeting?
“Thank you, Council Member/Commissioner X.”
Questions/script for staff to confirm with those participating in-person:
1. Is there any member of the City Council/Commission who has not been able to clearly hear
Council Member/Commissioner X?
2. Hearing none, let the record show all members of the City Council/Commission have indicated
they are able to clearly hear Council Member/Commissioner X.
3. Is there any member of the City Council/Commission who has reason to believe, based on voice
recognition or otherwise, that the person representing themselves to be Council
Member/Commissioner X is not truly so?
4. Hearing none, let the record show that no Council Member/Commissioner has expressed doubt
that Council Member/Commissioner X is the party participating by teleconference with the City
Council/Commission present in person.
5. Please be advised all votes taken during this meeting shall be taken by roll call.
6. I will now conduct Roll Call.
1622777.1
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PROPOSED FISCAL YEAR 2022/2023
YOUTH COMMISSION WORK PLAN
1. Build Connection
• Raise Youth Commission’s presence in the community by supporting local community-based
events such as the Tree Lighting Ceremony and State of the City.
• Offer engaging opportunities to promote physical fitness for youth in Saratoga.
• Provide mental health resources and opportunities to unplug by sharing ways for youth to relieve
stress.
• Advocate and emphasize the intersection of youth mental and physical health.
• Promote health and wellness by hosting a community-wide fitness challenge. The Commission
will identify alternative ways to hold the event if large outdoor gatherings are not permitted due
to COVID-19 such as Toga Trails.
2. Sustainability
• Raise awareness about ways the community can be proactive in decreasing pollution and to help
protect our environment.
• Share information about various areas of interest for the youth in the community to explore
through platforms such as videos posted on YouTube.
• Collaborate with the Saratoga Library’s Teen Advisory Board to facilitate SED Talks to provide
opportunities for youth in the community to explore areas of interest.
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CITY OF SARATOGA
Memorandum
To: Youth Commission
From: Kayla Nakamoto, Administrative Analyst
Date: December 6, 2022
Subject:
Schedule Outline of Work Plan 2022/23
At the November 22, 2022 Youth Commission meeting, the Commission agreed to
have a schedule outline for implementing its ambitious Fiscal Year 2022/23 Work
Plan. One of the key elements of the implementation process included formation of
subcommittees that would meet outside of the Commission’s regular meetings to
develop a recommended plan or program to be presented to the Commission prior
to implementation. Additionally, the Commission should consider prioritizing their
efforts for the remainder of the school year to create a balanced schedule that will
be feasible to accomplish.
PROPOSED SCHEDULE OF REMAINING 2022/23 YOUTH COMMISSION EFFORTS
January 2023
• Special Youth Commission Meeting
• Hakone Lunar New Year Celebration
• Regular Youth Commission Meeting
February 2023
• SED Talks Event
• Regular Youth Commission Meeting
March 2023
• Special Youth Commission Meeting (tentative)
• St. Paddy’s Day Celebration
• Sports Competition (tentative)
• Regular Youth Commission Meeting
94
April 2023
• Fitness Challenge (April or May)
• SED Talks Event
• Regular Youth Commission Meeting
May 2023
• Fitness Challenge (April or May)
• Prepare Special Presentation & Presentation Slides
• Regular Youth Commission Meeting
• Mental Health Awareness Month
June 2023
• Presentation to City Council: Overview of the 2022/23 School Year
• Special Youth Commission Meeting
• End of the Year Celebration
Unscheduled (tentative) Items to Consider
• Arbor Day
• Blossom Festival
• Youth Commission Day at Beauchamps Park
• Commissioner Recognition Dinner
95
CITY OF SARATOGA
Memorandum
To: Youth Commission
From: Ramona McGary
Date: September 19, 2023
Subject: Youth Commission Subcommittee Workflow Process
Following the 2023 February Youth Commission meeting, City staff supporting the
Youth Commission for the remainder of the 2022/23 school year discussed ways in
which staff can work most effectively with Youth Commission and support the efforts
of the Commission. One of the biggest concerns is the ability to provide sound
guidance to the Commission as it implements its work plan. While a seasoned liaison
can offer advice on the spot during a meeting, the interim staff providing support
lack the necessary background and familiarity to do this effectively.
Consequently, staff is introducing a change to the Youth Commission’s workflow
process for subcommittees. For a committee work plan item to be discussed at a
Commission meeting, the committee will need to submit a written memo to the staff
liaison at least seven days prior to the Commission meeting. A template of the memo,
including a summary of the type of information to be included in each section of the
memo, is attached. This process change provides the staff liaison with time to review
recommendations and updates in advance, identify any potential concerns, and
advise the committee if there are any red flags or gaps that may require further
clarification before items are brought to the Commission.
In addition to providing interim staff with the time needed to evaluate committee
recommendations and updates in order to offer meaningful guidance, this process
will result in historical documentation of Commission work efforts. Not only will this
help the new staff liaison transition into their role, but it will also serve as a resource
for future Commissions. Staff also hopes that the process change will help promote
96
development of comprehensive recommendations in advance of meetings and
productive discussions at the Commission level.
Attachments:
- Committee Memo Template
97
CITY OF SARATOGA
Memorandum
To: Youth Commission
From: [Committee Name]
Date: [Commission Meeting Date]
Subject: [Work Plan Item]
Recommended Action:
[This should be short statement describing the action the committee is
recommending that the Commission take. If the committee is simply sharing new
information and is not seeking a specific action from the Commission, the committee
can use the statement “Informational only, no action needed.” in this part of the
memo.]
Work Plan Item Summary:
[Include a copy of the City Council approved work plan item description in this section
of the memo.]
Background:
[This section of the memo should be a detailed description of the committee’s
recommendation or update. If the committee is recommending something, be sure
to note important details that will help the Commission make a decision, such as: the
proposed date, time, and location of an event or program; a description of the
proposal; a summary of the target audience; a statement describing what goals will
be achieved by the proposed action and how it will achieve the objective of the work
plan as well as support the mission of the Youth Commission; a summary of how the
Commission developed its recommendation, including alternative options that were
considered and they were dismissed.
98
If this work plan item has been previously discussed by the Commission and
recommendations for implementation have been approved, include any
Commission actions on the work plan item that were previously approved and efforts
to date.]
Resource Needs:
[Any resources needed to implement the proposal from the committee should be
identified in this section of the memo. This could include purchases (including
estimated costs) that need to be made or non-monetary needs, such as volunteers.
Estimates for resource needs are just fine and City staff can help committees identify
potential resource needs. The goal in identifying resources needs in the memo is to
give the Commission a sense of whether the recommendation can be achieved with
resources at the Commissions’ disposal.
If the purpose of the memo is an informational update and resource needs have
been previously approved, just copy and paste the previously approved resource
needs.]
Collaborators:
[If the committee is proposing that the Commission work with other organizations or
groups, this should be noted in this section of the memo. For example, partnering
with the Saratoga Library Teen Advisory Board on implementation of SED Talks.
Committees should not engage with potential collaborators before the Commission
has approved the committee’s recommendation.
If the purpose of the memo is an informational update and collaborators have been
previously approved, just copy and paste the previously approved list of
collaborators.]
Implementation Plan & Schedule:
[This section of the memo should provide a detailed outline and schedule of all steps
needed for the Youth Commission to implement the recommended action. This
should include any event day, setup, and cleanup needs and Youth Commission
roles. The implementation plan and schedule in the memo isn’t set it stone. The goal
of providing a proposed implementation plan and schedule is to help the
Commission gauge whether the recommendation can be achieved within the context
of the Commission’s other work efforts.
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If the purpose of the memo is an informational update and an implementation plan
and schedule have been previously approved, just copy and paste the previously
approved plan/schedule.]
Outreach:
[If outreach is warranted, this section should describe how the Youth Commission
will get the work out about the work effort. Committees should not conduct outreach
efforts before the Commission has approved the committee’s recommendation.
If the purpose of the memo is an informational update and an outreach plan has
been previously approved, just copy and paste the previously approved outreach
plan.]
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City of Saratoga
Youth Commission
MEMBERSHIP
FIRST NAME LAST NAME TERM END SCHOOL GRADE
Justin Chao June 30, 2024 The Harker School 11
Ovee Dhardwadkar June 30, 2024 Redwood Middle School 8
Lisa Jing June 30, 2024 Lynbrook High School 9
Arjun Krishna June 30, 2024 Bellarmine College Prep 11
Maggie McCormick June 30, 2024 Prospect High School 9
Bryan Zhao June 30, 2024 Saratoga High School 9
Julie Chen June 30, 2025 Saint Andrews Episcopal School 8
Sia Chowdhri June 30, 2025 Saratoga High School 9
Hillary Gonzalez June 30, 2025 Saratoga High School 11
Sriya Mukund June 30, 2025 Redwood Middle School 7
Bianca Sutioso June 30, 2025 Archbishop Mitty High School 11
Staff Liaison:
Ramona McGary | 408.868.1208 | rmcgary@saratoga.ca.us
ROLE & RESPONSIBILITIES – RESOLUTION 21-058
The powers of the Youth Commission are advisory only, and it shall render all reports and
recommendations directly to the City of Council, unless otherwise directed by the Council.
The Commissioners' powers and duties, in such advisory capacity to the City Council, shall
include the following:
A. To develop and recommend guidelines involving the concerns of youth and the
programming and implementation thereof, to the Council;
B. Advise the Council generally on matters which concern youth and specifically on the
various aspects of the city matters related to youth as may be requested by Council.
AGENDA PLANNER
The Youth Commission holds regular meetings on the 4th Tuesday of each month
during the school year (September – May) at 7:00 p.m. in the City Hall, Linda Callon
Conference Room and may schedule special meetings as needed.
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YOUTH COMMISSION AGENDA PLANNER
Page 2 of 3
MEETING DATE AGENDA ITEMS
September 19, 2023 • Youth Commission Orientation
• Selection of Secretary, Treasurer, and Marketing Chair
September 26, 2023 • Review/Approval of Draft Minutes
• Approve Recommended 2023/24 Work Plan
• Discuss Subcommittees and Work Plan
• 2023/2024 Meeting Schedule
• Future Agenda Items
October 18, 2023 Joint Session with City Council
• Present Proposed Work Plan to City Council
October 24, 2023
• Review/Approval of Draft Minutes
• Approve Subcommittees and Work Plan Implementation
Schedule
• Work Plan 2023/24
• Overview of Tree Lighting (Nov. 24) & Candy Cane Village
• Committee Reports
• Treasurer & Marketing Chair Report
• Future Agenda Items
November 24, 2023 • Saratoga Tree Lighting & Candy Cane Village (Blaney
Plaza/Behind Chamber of Commerce)
• 2:45pm-6:30pm
November 28, 2023 • Review/Approval of Draft Minutes
• Recap Tree Lighting & Candy Cane Village
• Committee Reports
• Treasurer & Marketing Chair Report
• Future Agenda Items
December _____, 2023
(Re-scheduled from
December 26, 2023)
• Review/Approval of Draft Minutes
• Committee Reports
• Treasurer & Marketing Chair Report
• Future Agenda Items
January 23, 2024 • Review/Approval of Draft Minutes
• Committee Reports
• Treasurer & Marketing Chair Report
• Future Agenda Items
February 27, 2024 • Review/Approval of Draft Minutes
• Committee Reports
• Treasurer & Marketing Chair Report
• Future Agenda Items
March 26, 2024 • Review/Approval of Draft Minutes
• Committee Reports
• Treasurer & Marketing Chair Report
• Future Agenda Items
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YOUTH COMMISSION AGENDA PLANNER
Page 3 of 3
April 23, 2024 • Review/Approval of Draft Minutes
• Committee Reports
• Treasurer & Marketing Chair Report
• Future Agenda Items
May 28, 2024 • Review/Approval of Draft Minutes
• Finalize City Council Year-End Presentation
• Committee Reports
• Treasurer & Marketing Chair Report
• Future Agenda Items
June --, 2024 • City Council Year End Presentation to City Council
June --, 2024 • Year End Party
KEY
Past Meeting
Upcoming Meeting
Special Event, City Council Meeting, etc.
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