Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: CONSIDERATION OF UPDATES TO THE CITY COUNCIL
RULES OF CONDUCT
Date: April 8, 2025
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution to approve revisions to the City Council Rules of Conduct to remove various ceremonial duties from the agenda and clarify the process to add new projects or programs to the annual workplan.
Background
In accordance with Government Code 36813 the City Council can ”...establish rules for the conduct of its proceedings”. Additionally, the Cotati Municipal Code, Section 2.04.040 states that, ”The council may, by resolution, provide for rules and regulations governing the procedures to be followed in any regular or special meeting of the council”. The City Council has adopted various versions of the City Council Rules of Conduct (City Council Rules) through the years to document the processes and procedures necessary to ensure that City Council meetings are orderly and can efficiently conduct the City’s business. The current version of the City Council Rules was most recently amended in 2023, as City Council Policy 2023-01. To encourage the orderly conduct of business, under Section IV. Addressing the City Council, under “Time Allocation for Public Comment and Presentations”, the City Council has designated Action and Non-Action agenda items. Action items, where the City Council will consider or take action on an item, are indicated on every City Council agenda with (ACTION) following the item heading. For the other ceremonial, procedural, or informational items where no item is being considered, the public has the ability to speak during Citizen‘s Business, as well as during Public Comment on Non-Action Agenda Items.
Analysis/Discussion
Recently, there have been disruptions of several public meetings that have significantly delayed the continuation of the meetings. The disruptions and delays were due to an individual who disrupts the proceedings, insisting that the Mayor open public comment and asking to speak during the non-action procedural and ceremonial items at the start of City Council meetings (Roll Call, reading the Land Acknowledgment statement and reciting the Pledge of Allegiance), verbally citing California Government Code 54954.3. This is a part of the Government Code more commonly known as the Brown Act.
During the disruptions, the Mayor has repeatedly stated from the dais that the Citizen’s Business agenda item is the appropriate place on the agenda to comment on anything that the public wishes to comment on. Additionally, Public Comment on Non-Action Agenda Items is an alternate place on the agenda where people can comment on non-action items that the City Council is not considering.
If the public wishes to comment on non-action agenda items when the City Council is considering these non-action items, the proper time is when the City Council Rules are agendized for discussion. All items in the City Council Rules, including the non-action agenda items, are under consideration at that time and are subject to discussion and potential revision by the City Council.
Proposed City Council Rules Changes
To reduce the continued disruptions of the public meetings, the proposed City Council Rules changes incorporate the Roll Call, Land Acknowledgment and Pledge of Allegiance into the meetings by City Council policy rather than as standing agenda items.
Additionally, rather than having a separate stand-alone policy about Future Agenda Items, the existing procedure to bring new items to the agenda is incorporated into the City Council Rules so that it is consolidated and more readily available in the future.
If the proposed changes are approved, staff will finalize the rules and correct the document formatting.
Financial Considerations
The proposed change in the City Council Rules will not result in any new expenditure.
Environmental Issues
Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.
This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.