COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 5 of 10
3.3 Duties of Vice Mayor. The Vice Mayor has the power and authority to:
a. Exercise the duties and powers of the Mayor, in the Mayor’s absence. b. Serve with the Mayor as spokesperson and representative for the Council. c. Assist the Mayor in anticipating an issue that may warrant a special meeting.
3.4 Duties of all Council Members. It is the duty of each Council Member to attend Council meetings, adhere to these Rules, and to cast votes as outlined below. a. Abstention from voting. A Council Member must abstain from voting if:
1) the Council Member has a personal or financial interest in the matter as defined in the California Political Reform Act (Government Code §§ 81000 et seq.) 2 ; or
2) the law otherwise declares the Council Member's participation to be a conflict of interest (e.g., Government Code §§ 1090, 1126, 81000 et seq.; or case law); or 3) the member is disqualified as to a particular matter because of his or her absence from a prior public hearing and inability or failure to review the prior testimony and evidence presented.
If a Council Member is disqualified, he or she shall declare this fact and the reason for it on the record, and shall leave the room until the matter is concluded. However, if the matter on which the Council Member is disqualified is on the Consent Calendar, and is not pulled from the Consent Calendar, the Council member does not need to step down from the dais during the vote. Rather, before the Consent Calendar vote, he or she should declare this fact and the reason for it on the record and state that he or she is not voting on that item. b. Committees and Boards. The business of the City Council will from time to time require work in Council committees (either a standing committee or ad hoc committee), and through Council Member participation on boards of other governmental agencies.
The Mayor, a majority of the Council, or staff may recommend formation of a committee. A committee assists in the resolution or study of issues arising from a specific area of Council concern. All communications and advice from a committee shall be made to the Council. A committee serves until discharged by a majority of the Council.
It is the duty of any Council Member sitting on such a committee, or outside board, to make periodic reports to the City Council as a whole and to the general public at regular City Council meetings. It is also the duty of a Council Member to timely advise his or her alternate, if any, if the Council Member will be absent from any committee or board meeting.
3.5 Absences. A Council Member should endeavor to give notice to the Mayor, City Manager, or City Clerk in advance if he or she will be absent or late to a Council meeting. If a Council Member is absent without permission from all regular city council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office becomes vacant and shall be filled as any other vacancy. (Gov’t. Code §36513.)
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 6 of 10
4 MEETING AGENDA: PREPARATION AND CONTENTS
4.1 General. The City Council will not discuss any item of business not appearing on the written agenda, except as provided in Government Code section 54954.2.
If other matters (not on the agenda) are raised by the public, the City Council or staff may refer the matter to staff or to a subsequent meeting.3 (Gov’t. Code §54954.2.)
4.2 Agenda Preparation; Distribution. There shall be a written agenda for each City Council meeting. The agenda shall contain a brief general description of each item of business to be transacted or discussed and shall include other matters as set forth in this Section 4. The City Clerk shall prepare the agenda in conjunction with the City Manager’s office. Anonymous communications will not be considered nor placed on the agenda. Only the City Manager, City Attorney, the Mayor and Council Members may add items to a Council agenda. If a member of the public wishes an item to be added, he or she must have a Council Member sponsor the item. The agenda will be posted and distributed as required by the Brown Act. (Gov’t. Code §§54954.2, 54954.1.)
4.3. Agenda Contents; Order of Business. The agenda shall include general information, a brief description of items of business, and the order of business (See Government Code § 54954.2).
The order of business is as follows, subject to change by the Mayor, Vice-Mayor (in the Mayor’s absence), City Manager or a majority vote of the City Council:
Call to Order and Roll Call
Pledge of Allegiance
Presentations (and Proclamations) (these may also be included on the Consent Calendar.) Public Comments (for items not on the public hearings or business items portions of the agenda, or requests for future agenda items)
Informational Reports from Council Members, committees, liaisons, and staff Consent Calendar
Public Hearings4
Business Items
Request for Future Agenda Items (by Council Members)
Adjournment
2 A Council Member may not make, participate in making, or in any way attempt to use their official position to influence a governmental decision in which they know (or have reason to know) they have a financial interest. (Gov’t. Code § 81000.) 3 No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights, ask a question for clarification, or provide a reference to staff or other resource for factual information. (Gov’t. Code §54954.2) 4 Public Hearings. Public hearings are those having specific notice requirements by state law or City ordinance. At the hearing, the Council shall afford any interested person (and his or her representative) the opportunity to speak, present witnesses and evidence, subject to these Rules. Public hearings will be conducted in the following order: (1) Staff Reports and Council Member questions to staff; (2) Public hearing opened by Mayor; (3) Public testimony; (4) Mayor closes the public hearing, by majority vote; (5) Discussion among Council Members; and (6) Action by majority vote
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 7 of 10
4.4 Adding Future Agenda Items.
An item may be added to a future agenda, and staff time authorized, in either of the following ways:
a. Standard agenda process for agenda preparation, under Rule Section 4.2 above, including:
1) by the City Manager, City Attorney, or staff; or
2) by written request to the City Manager by the Mayor or two Council Members at least one week before the publication of the next agenda (Thursday by 5:00 p.m.) and the City Manager determines that there is adequate staff time to prepare discussion and recommendation materials; or
b. By an individual Council Member making:
1) a written request to the City Manager at least one week before the publication of the next agenda to place the item under Request for Future Agenda Items on the next agenda; or
2) a verbal request at a Council meeting to have an item placed on the next agenda under Request for Future Agenda Items.
In either case (b.1 or b.2), the listed item will identify the Council Member making the request and briefly describe the nature of the request. Council discussion will be limited to whether staff time and City resources should be spent on the item and the time period for scheduling. Staff will not spend time on the requested item unless and until the Council wishes additional information, except that if staff has already worked on a matter or the City Manager deems an item to be urgent, he or she may place it on the next agenda as an action item.
5 DECORUM
5.1 Decorum Generally - City Council Members. The Mayor and Council Members shall preserve order and decorum at City Council meetings. Council Members shall confine their remarks to the agenda item under consideration and speak only when recognized by the Mayor, except as otherwise provided in these Rules. Once a Council Member is recognized, he or she will not be interrupted unless called to order by the Mayor. A Council Member may not, by conversation or otherwise, disturb or disrupt the proceedings or the peace of the City Council in any way, nor disturb any other Council Member or member of the public while speaking, nor refuse to obey the instruction of the Mayor or City Council.
During a quasi-judicial hearing5
, an applicant or appellant is entitled to due process of law, including a meaningful opportunity to be heard. Council Members should not receive information outside of the hearing on the matter unless they disclose the nature of the communications. Council Members will give full attention to speakers at the hearing. 5 A quasi-judicial hearing is one that involves the application of rules to a specific project or set of existing circumstances.
Examples include land use matters (but not legislative decisions such as General Plan or zoning amendments, or development agreements), employee disciplinary proceedings, and proceedings for the revocation, suspension, or reinstatement of permits, licenses, and franchises.
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 8 of 10
Council meetings will be governed by common sense and good taste. In case of a dispute concerning a procedural matter not specifically covered in these Rules, the majority vote of the Council will control.
5.2 Decorum Generally - Public.
Members of the public wishing to speak during the public discussion are requested to fill out the speaker form provided and hand the card to the City Clerk at the beginning of (or during) the meeting. Comments by members of the public are generally limited to five minutes, or less time if a large number of speakers is anticipated, or if approved by the Mayor. A speaker may not allocate his or her time to another speaker. The Mayor will invite public testimony on each item at the appropriate time. Written documents or messages to the City Council or any Council Member while the City Council is in session, which pertain to the Council’s business, shall be made only through the City Clerk.
A member of the audience must come forward to the lectern so that their remarks may be accurately recorded. All remarks shall be addressed to the Mayor, except that answers to questions posed by a City Council Member recognized by the Mayor may be addressed to the questioner. No person other than a member of the City Council and the person having the floor shall enter into any discussion, either directly or through a Council Member, without the permission of the Mayor. The comments must be pertinent to the agenda item under discussion. A member of the public may not ask a question of a Council Member or staff member, except through the Mayor. Speakers are urged to avoid unnecessary repetition in their remarks and instead simply indicate agreement with previous speakers.
If a meeting is willfully interrupted by any individual, group or groups of people so as to render the orderly conduct of the meeting unfeasible, the Mayor may recess the meeting and require the removal of individuals who are interrupting the meeting, or clear the room and continue the meeting allowing only members of the press to remain. (Gov’t. Code §§ 54957.9.)”
6 VOTING AND DECISION; RECONSIDERATION
6.1 Voting and Decision. Ordinances, resolutions and other matters submitted to the Council must be adopted by a majority vote of the total membership of the Council unless a greater number of votes is required by law. A majority means three votes for the City Council (and for each City commission with a total of five members). If one or more Council Members is absent and a majority vote cannot be obtained, and no additional action is taken, the matter shall automatically be added to a future agenda, to be considered at least once with all Council Members present.
If a member (qualified to vote) does not vote in the affirmative or negative, the member shall be deemed to have voted in the affirmative.
A tie vote means the motion is not approved.
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 9 of 10
After a vote is taken on a matter, if an appropriate resolution is not already prepared, the Council may direct the staff to prepare a resolution reflecting the City Council’s findings and decision. A resolution brought back to the Council may be placed on the Consent Calendar. (No public comments can be received or considered unless a public hearing is re-noticed.) The vote is not considered final until the City Council reviews and approves the resolution at a later meeting.
6.2 Reconsideration. This section 6.2 does not apply to City Commissions. a. Reconsideration of Quasi-Judicial Actions. (See footnote 5.) A motion to reconsider any quasi-judicial action taken by the City Council may be made by any Council Member who voted with the majority on a question, and may be seconded by any Council Member. The motion must be approved by a majority vote of the entire City Council. The City Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.
1) Timing. The motion must be made at the same meeting at which the action was taken (including an adjourned or continued meeting), at the next regular meeting, or at any intervening special meeting. If a request for reconsideration is communicated to the City Manager by any Council Member who voted in the majority, at least 24 hours before the state law deadline for posting the City Council meeting agenda, then the request shall appear on the posted agenda for the next regular meeting or intervening special meeting. Otherwise, no City Council discussion or action on reconsideration may occur unless the item is appropriately added to the agenda under Government Code section 54954.2(b) which addresses adding items that are not listed on a posted agenda, when immediate action is necessary. (See Rule Section 4.1b.) 2) Effect of Approval of Motion; Notice. If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters, and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.
If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with state law and the Municipal Code. In certain circumstances, a right may have vested after the initial decision, precluding reconsideration.
b. Reconsideration of Legislative or Other Non-Quasi-Judicial Actions. The City Council may rescind, repeal or amend its prior legislative or other non-quasi-judicial actions (unless precluded from doing so under applicable laws) at any regular or special meeting of the City Council. Noticing and scheduling of such actions shall be consistent with Rule Section 4 (Meeting Agenda: Preparation and Contents) and any required notice provisions.
COUNCIL/ADMINISTRATIVE POLICY
CITY OF BRENTWOOD
Subject:
Meeting Rules and Procedures
Policy No: 110-1 Date: 10/10/2023
Resolution No: 2023-123 Page 10 of 10
Revision History
Date Resolution
11/13/2001 2399 adopted policy
04/27/2004 2004-97 amended Rules 1-27 added rules 28-36 05/25/2005 2005-260 deleted Rule 8
04/11/2006 2006-73 deleted Rule 36
01/23/2007 2007-15 added Rule 13A
10/09/2007 2007-225 amended Rule 13A
05/24/2011 2011-67 deleted a portion of Rule 32 & amended Rule 28H 01/22/2013 2013-11 amended Rule 26 Priority of Business 12/10/2013 2013-174 amended Rule 35 in its entirety
12/09/2014 2014-182 amended Rule 13 A
6/14/2016 2016-74 Re-adopting new Meeting Rules and Procedures 12/12/2017 2017-162 Quorums and reconsideration of matters by City commissions 10/10/2023 2023-123 – Amended Rule 3.2 and 5.2
CITY COUNCIL AGENDA ITEM NO. I.3
04/09/2024
SUBJECT: Consider a request from Council Member Pierson related to the annual preparation of a recorded briefing for residents on recent legislative housing laws that are ministerial approvals affecting Brentwood.
DEPARTMENT: City Manager’s Office
STAFF: Tim Ogden, City Manager
Margaret Wimberly, City Clerk
TITLE/RECOMMENDATION
That the City Council consider and discuss the request from Council Member Pierson from the March 26, 2024, City Council meeting related to the annual preparation of a recorded briefing for residents on recent legislative housing laws that are ministerial approvals affecting Brentwood.
FISCAL IMPACT
There is no fiscal impact associated with this action other than staff time and any resulting reprioritization of workload priorities.
BACKGROUND
Pursuant to Council Policy 110-1 Rule 4.4 (b)(2), this item has been placed on the agenda so that Council may discuss it and provide further direction to staff. Pursuant to Section 4.4, Council discussion is limited to whether staff time and City resources should be spent on the item and the time period for scheduling.
Staff has posted information regarding 2022 and 2023 general land use and legislation information on the City’s website at the following link:
https://www.brentwoodca.gov/government/community-development/general-landuse-and-legislation-information
CITY COUNCIL STRATEGIC INITIATIVE
Not Applicable.
CITY COUNCIL AGENDA ITEM NO. I.3
04/09/2024
PREVIOUS ACTION
Previous Action by the City Council is included on Attachment 1.
DATE OF NOTICE
Not Applicable.
ENVIRONMENTAL DETERMINATION
Not Applicable.
ALTERNATIVE OPTION(S)
Not Applicable
ATTACHMENT(S)
1. Previous Action
ATTACHMENT “1”
Previous actions related to this agenda item that were taken by the Council are listed below. To view prior actions and materials, and Brentwood Municipal Code references in the staff report, as applicable:
Visit www.brentwoodca.gov/meetings, and select the meeting date(s) desired to see the reference materials and videos.
Visit www.brentwoodca.gov/municipalcode to research references to the Brentwood Municipal Code and search by the code section(s) cited.
On May 10, 2022, the City Council, by motion, accepted a summary and overview of recent statewide housing legislation and potential applicability to the City of Brentwood.
On July 25, 2023, Vice Mayor Meyer requested a summary of significant housing legislation adopted in 2022 and 2023 and pending and its impact on the City of Brentwood.
On August 8, 2023, the City Council, by motion, approved the expenditure of staff time and resources on the preparation of a summary of significant housing legislation adopted in 2022 and 2023, returning sometime after the legislative session ends.
On March 26, 2024, Council Member Pierson requested a future agenda item related to the annual preparation of a recorded briefing for residents on recent legislative housing laws that are ministerial approvals affecting Brentwood.