RESOLUTION NO. 23-60
Resolution Of The City Council Of The City Of Emeryville Amending The Local Boards, Commissions, And Committees Rules of Procedure For Teleconferencing And Public Comment Procedures During Hybrid Meetings
WHEREAS, at the March 7, 2023, City Council meeting, the Council reviewed the new teleconferencing rules allowed under AB 2449 and directed staff to incorporate procedures for use in the City Council Rules of Procedure and the Local Boards, Commissions, and Committees Rules of Procedure (ROP); and WHEREAS, most Advisory Bodies began meeting in a hybrid (in-person/Zoom) format in April and May of 2023; and
WHEREAS, the ROP only addressed in-person public comment procedures, so sections on public comment were revised to include procedures for virtual participants; and WHEREAS, section 3.13 of the Local Boards, Commissions, and Committees Rules of Procedure now includes Brown Act teleconferencing guidelines authorized under AB 2449; and
WHEREAS, section 3.13 of the Local Boards, Commissions, and Committees Rules of Procedure now includes Brown Act teleconferencing guidelines authorized under AB 2449; and
WHEREAS, in December of 2022, the City Council removed the Council Liaison role to Advisory Bodies, so all references were removed from the ROP; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville that the Local Boards, Commissions, and Committees Rules of Procedure are amended to remove the Council Liaison role and include procedures for teleconferencing and public comment procedures during hybrid meetings.
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 Resolution No. 23-60
Advisory Body Rules of Procedure Amendment
City Council Meeting | June 6, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, June 6, 2023, by the following vote:
AYES: 5
Mayor Bauters, Vice Mayor Welch and Council Members Kaur, Mourra and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1
CALIFORNIA
Rules of Procedure for
Local Boards, Commissions and Committees
TABLE OF CONTENTS
1. DEFINITION OF CITY COUNCIL COMMITTEES & COMMUNITY ADVISORY BODIES ..................................................................................................................... 3
1.1 City Council Committees................................................................................. 3
1.2 Planning Commission & Housing Advisory and Appeals Board...................... 3
1.3 Community Advisory Committees ................................................................... 3
1.4 Ad Hoc Committees ........................................................................................ 4
2. AUTHORITY AND APPLICABILITY........................................................................... 4
2.1 Authority.......................................................................................................... 4
3. GENERAL RULES..................................................................................................... 4
3.1 Public Meetings............................................................................................... 4
3.2 Meeting Dates and Times ............................................................................... 4
3.3 Quorum ........................................................................................................... 5
3.3.1 City Council Committee............................................................................ 5
3.3.2 Community Advisory Committee .............................................................. 5
3.4 Right of the Floor............................................................................................. 5
3.5 Rules of Order................................................................................................. 5
3.6 City Manager................................................................................................... 5
3.7 Presiding Officer.............................................................................................. 6
3.7.1 City Council Committees .......................................................................... 6
3.7.2 Community Advisory Committees ............................................................ 6
3.8 Call to Order.................................................................................................... 6
3.9 Preservation of Order...................................................................................... 6
3.10 Point of Order.................................................................................................. 6
3.11 Authority to Clear Room Where Meeting Willfully Interrupted ......................... 6
3.12 Attendance...................................................................................................... 7
3.13 Teleconferencing............................................................................................. 7
4. TYPES OF MEETINGS ........................................................................................... 10
4.1 Regular Meetings .......................................................................................... 10
4.2 Adjourned Meetings ...................................................................................... 10
4.3 Special Meetings........................................................................................... 10 DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1
EXHIBIT A
City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
4.4 Closed Session Meetings.............................................................................. 10
4.5 Media Attendance ......................................................................................... 11
5. TRAINING / ORIENTATION .................................................................................... 11
6. GOAL/PRINCIPLE SETTING AND ANNUAL REPORTING .................................... 11
7. ORDER & PREPARATION OF AGENDA................................................................ 11
7.1 Purpose of Agenda ....................................................................................... 11
7.2 Agenda Order of Business ............................................................................ 11
7.3 Agenda Preparation ...................................................................................... 12
7.4 Hearing Items Out of Order........................................................................... 12
7.5 Audio Recordings.......................................................................................... 12
7.6 Action Minutes............................................................................................... 13
8. CITIZENS’ RIGHTS ................................................................................................. 13
8.1 Addressing the Advisory Body ...................................................................... 13
8.2 Written Communications ............................................................................... 15
9. SUSPENSION AND AMENDMENTS OF RULES.................................................... 15
9.1 Suspension ................................................................................................... 15
9.2 Amendment................................................................................................... 15
10.MISCELLANEOUS RULES ..................................................................................... 15
10.1 Chairperson................................................................................................... 15
10.2 Roll Call Votes............................................................................................... 15
10.3 Personal Privilege ......................................................................................... 15
10.4 Protests......................................................................................................... 16
10.5 Motion to Reconsider .................................................................................... 16 DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
1. DEFINITION OF CITY COUNCIL COMMITTEES & COMMUNITY ADVISORY BODIES
All boards, commissions and committees referenced herein will be designated with the generic term “Advisory Body/Bodies”, unless otherwise named by their actual title, as outlined below, due to specificity of content. The Advisory Bodies defined below are Standing Committees, which are considered “permanent” unless formal action is taken by City Council resolution to abolish them or otherwise amend their constitution or purpose.
1.1 City Council Committees
City Council Committees are designed as a forum for more detailed reporting or discussion on specific areas of City responsibility regarding policy direction, program and budget priorities, and oversight, than can be accomplished, at regular City Council meetings due to time constraints. Only City Council members serve as voting members on City Council Committees, with membership limited to less than a quorum of the full City Council (up to two members). City Council Committee meeting agendas are publicly noticed and the public is welcome to attend the meetings. Recommendations from City Council Committees must be reviewed and considered by the full City Council for final consideration and/or action. City Council Committee member terms are aligned with the calendar year (January through December) in order to coincide with Council Member terms, and new members are appointed by City Council vote at a City Council meeting each December.
1.2 Planning Commission & Housing Advisory and Appeals Board The Planning Commission and the Housing Advisory and Appeals Board (which consists solely of Planning Commissioners) are community advisory bodies that have been established by City ordinance and also have some independent regulatory powers. Some, but not all, of their decisions are subject to City Council review or appeal. These bodies are listed in the City’s Local Roster of Boards, Commissions and Committees, but have separate rules and procedures/by-laws than those of the Community Advisory Bodies described in these Rules.
1.3 Community Advisory Committees
Community Advisory Committees are a structured way for community members to share their opinions and perspectives, study issues, develop policy and/or program recommendations, and provide feedback regarding City initiatives in a focused, small group structure, and are thus an integral part of furthering public participation in government. Community Advisory Committees have up to nine community members as voting members. All meetings are publicly noticed and the public is welcome to attend the meetings. City Council Members may attend advisory body meetings to observe, but do not participate in the discussion, deliberation, or vote on any item within the subject matter jurisdiction of such bodies. Recommendations made by Community Advisory Committees are forwarded to the City Council. Community Advisory Committee recommendations may only be approved by a majority of the full City Council. Community Advisory Committee member terms align with the fiscal year (July 1 through June 30), with new members appointed by City Council vote each June.
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
Community Advisory Committee members shall receive no compensation. However, members may receive reimbursement for actual expenses incidental to carrying out the duties of the office, provided that they have first received specific City Council authorization for, and can verify, the expenditure and its purpose.
City of Emeryville elected officials may not serve on these Committees. The City of Emeryville does not specifically prohibit concurrent service by qualified applicants on more than one committee, provided, however, that the Government Code prohibition against incompatible offices shall apply. If a request were made to serve on more than one committee, a determination would be made as to whether that service would be allowable.
1.4 Ad Hoc Committees
Ad Hoc Committees are temporary committees designed for consideration and research on a focused issue within a limited timeframe. Ad Hoc Committees, if formed by an Advisory Body, must be comprised of less than a quorum of that Body’s total number of members as designated on the official roster.
2. AUTHORITY AND APPLICABILITY
2.1 Authority
The City Council of the City of Emeryville hereby establishes these “Rules of Procedure” for the conduct of meetings of its Advisory Bodies created by action of the City Council.
These Rules shall apply to all meetings of Advisory Bodies, except for the Planning Commission and Housing Advisory and Appeals Board, and shall be in effect upon their adoption by the City Council of the City of Emeryville, and until such time as they are amended or new rules are adopted.
3. GENERAL RULES
3.1 Public Meetings
All meetings of Advisory Bodies shall be open to the public. Advisory Bodies shall not meet in Closed Session. No animals shall be allowed at or brought in to a public meeting by any person except (i) as to members of the public or City staff utilizing the assistance of a service animal, which is defined as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability; or (ii) as to police officers utilizing the assistance of a dog(s) in law enforcement duties.
3.2 Meeting Dates and Times
Regular meetings will be held and convened on days and times established by the action of the City Council creating the individual Advisory Body, or by amendment of the City’s Local Roster of Boards, Commissions and Committees. Adjourned regular or special meetings may be called by the Presiding Officer (see Section 3.7) of the Advisory Body.
All regular and special meetings of Advisory Bodies will adjourn no later than two hours DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
after the meeting is convened, unless a majority of the Advisory Body votes to proceed with business beyond that time.
3.3 Quorum
3.3.1 City Council Committee
At any meeting of a City Council Committee, which is composed of two City Council Members, a quorum is constituted by no less than both members of the Committee. As a City Council Committee consists of only two voting members, the absence of one member of a City Council Committee means there is no quorum and requires the cancellation or adjournment of that meeting.
3.3.2 Community Advisory Committee
At any meeting of a standing Community Advisory Committee, a quorum shall consist of no less than a majority of the total number of established members of the Advisory Body.
If there is a vacancy on the Advisory Body, this quorum requirement still applies. A quorum is achieved by a majority of the number of members designated to be on the Advisory Body being present, not the number of seats minus any vacancies. For example, if the established number of members on a Committee is seven, and there are two vacancies, a quorum is still four members, not three.
Advisory Bodies shall not take any action in the absence of a quorum, except to adjourn the meeting. If a quorum is established but then is lost due to the withdrawal of one or more of the members, the meeting must adjourn or recess, depending on whether the quorum can be re-established. If a quorum is not re-established, the Committee may not continue with the meeting and must adjourn.
3.4 Right of the Floor
Any member of an Advisory Body or person in attendance desiring to speak shall first be recognized by the Presiding Officer and shall, with the exception of open Public Comment, confine any remarks to the subject under consideration.
3.5 Rules of Order
Except in cases of conflict with these Rules, "Robert's Rules of Order" shall govern the proceedings of Advisory Bodies.
3.6 City Manager
The Emeryville City Manager or their designee shall attend all meetings of Advisory Bodies unless excused. The City Manager or their designee shall have the right to make recommendations and to take part in all discussions of Advisory Bodies but shall have no vote.
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
3.7 Presiding Officer
3.7.1 City Council Committees
The members of City Council Committees shall appoint one City Council Member to be the Presiding Officer (“Chairperson”) at the first regular meeting of each calendar year.
The Chairperson shall serve for one year from appointment.
3.7.2 Community Advisory Committees
The members of Community Advisory Committees shall appoint one of their members to be the Chairperson (“Chair”) and shall also elect a Vice Chairperson (“Vice Chair”). This election is to occur at the first regular meeting of each fiscal year by a majority vote. The Chair and Vice Chair shall serve for one year from appointment. In the absence of the Chair at any particular meeting, the Vice Chair shall serve as the Presiding Officer of the meeting. In the absence of both the Chair and Vice Chair, the Committee will elect an alternate Presiding Officer for that meeting.
3.8 Call to Order
The Presiding Officer shall call the meeting to order at the time appointed.
3.9 Preservation of Order
The Presiding Officer shall preserve strict order and decorum; shall prevent threatening, bullying, or disruptive verbal attacks on Advisory Body members, staff, and/or citizens; and shall confine debate to the item under discussion; and discourage demonstrations before the Advisory Body, such as applauding or “booing”.
3.10 Point of Order
The Presiding Officer shall determine all points of order subject to the right of any member to appeal. If an appeal is taken, the question shall be, "shall the Presiding Officer’s decision be sustained?".
3.11 Authority to Clear Room Where Meeting Willfully Interrupted Upon instructions by the Presiding Officer, the Chief of Police or a designee may be called for the purpose of removing any person who, in the Presiding Officer’s judgment, has violated the rules of conduct and has disrupted the meeting. In the event that any meeting is willfully interrupted by an individual, group or groups of persons, so as to render the orderly conduct of such meeting infeasible and order cannot be restored by removal of the individual or individuals who are willfully interrupting the meeting, the Presiding Officer may order the meeting room cleared and continue in session. Only matters appearing on the Agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Presiding Officer from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
3.12 Attendance
Each member of an Advisory Body shall attend every regular or special meeting, calculated on a term year basis (July 1 through June 30). If the member will be absent, they shall notify the Chairperson, Vice Chairperson, or the City Manager or designee, at least 24 hours in advance of the meeting start time.
Any member who is absent from more than 33% of the total meetings scheduled to be held in a term year will be subject to automatic termination of membership from the committee. Upon receiving notice from the Committee Secretary that the member will exceed the allowable number of absences should one more absence occur, the City Manager or their designee shall notify the member that they are in danger of being automatically terminated from their seat on the Committee. Should a subsequent absence then be recorded before the end of the term year, the member will receive notice of termination, which will also be provided to the subject Advisory Body, and the City Council. Where applying a 33% calculation creates other than a whole number, normal number rounding to the nearest whole number will be used.
3.13 Teleconferencing
Pursuant to Government Code 54953 (the Brown Act), teleconferencing may be used for all purposes during any Advisory Body meeting by members for their participation in regular and special meetings, either for entire meetings or a specific agenda item.
Traditional Teleconferencing Procedures
If a member requests the use of teleconferencing for their participation in a meeting that they are unable to attend, the following requirements must be met in order to be in compliance with the regulations stipulated in the Brown Act:
• At least a quorum of the Advisory Body must participate from a location within the city’s jurisdiction.
• Each teleconference location must be identified in the notice and agenda of the meeting. When notifying the Secretary that they will participate in a meeting via teleconferencing, the member will provide the address of the publicly accessible location from which they will teleconference, and the telephone number from which they will be participating, which shall be a land line, if available. This information will be included on the published meeting agenda.
• Agendas must be posted at each teleconference location. Where practical, the agendas should be posted both outside the main facility of a teleconference location at a main entrance (e.g., outside an office building or hotel) and also outside the specific teleconference location (e.g., outside the particular room or office door).
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
• Each location must be accessible to the public. This requirement precludes some locations, such as via cell phone while driving or in offices not accessible to the public. All telephones used for teleconferencing must have a functioning speaker to enable public access, even if there are no members of the public present at a particular location.
• The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location. • All votes taken must be by roll call.
At a meeting where teleconferencing will be used, the Presiding Officer will call the meeting to order and then, prior to the roll call, will ask that it be reflected in the minutes that, pursuant to California Government Code Section 54953, a member will be participating via teleconference and will announce that the teleconference location has been identified in the notice and agenda for this meeting. Following the roll call by the Secretary, the Presiding Officer will confirm with the teleconferencing party that they can hear the proceedings well, have a copy of the agenda, have posted the agenda properly at their location, that their location is publicly accessible, and ask them to report whether or not there is a member or members of the public at their location.
The Presiding Officer will further confirm that the members present at the meeting can hear the teleconferencing party well, and then may commence with the meeting business.
In the event that the Presiding Officer is not able to establish that all of the requirements as set forth in Brown Act regulations for teleconferencing have been met, the member wishing to participate via teleconference would not be able to do so.
Teleconferencing Provisions Under AB 2449 (sunsets January 1, 2026) AB 2449 authorizes Advisory Body members to use teleconferencing without complying with traditional teleconference requirements under the following conditions:
Under AB 2449, members may participate remotely a limited number of times per year. The maximum for each member is calculated based on the number of meetings held by their legislative body in a year.
A member may participate in meetings by teleconference for no more than three consecutive months, and no more than 20% of the regular meetings for the Advisory Body within a calendar year.
A member of an Advisory Body wishing to participate remotely under AB 2449 may do so either for “just cause” or under “emergency circumstances,” as those exceptions are defined under state law. The individual legislative body member must choose which exception to pursue.
Under either exception, at least a quorum of the members of the legislative body must participate at a single physical meeting location identified on the agenda, situated DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
within the local agency’s jurisdiction, and open to the public. Members participating remotely must have both audio and video capabilities.
Use of the “just cause” exception is capped at 2 meetings per year regardless of the meeting schedule.
Exception #1: “Just Cause”
Circumstances permitting use of “just cause” exception are limited to:
• Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely. • A contagious illness that prevents the member from attending in person. • A need related to a physical or mental disability.
• Travel while on business of the legislative body or another state or local agency.
• In order to participate remotely under the “just cause” exception, the member must notify the Secretary at the earliest possible opportunity of their need to participate remotely. The notification must include a description of the circumstances relating to the member’s need to appear remotely. Under state law, the description does not have to be more than 20 words and the member does not have to disclose any personal medical information.
• The member must disclose at the meeting, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. The Presiding Officer will ask the virtual participant to disclose this information following roll call.
Exception #2: Emergency Circumstances
Circumstances permitting use of “emergency circumstances” exception are limited to: A physical or family medical emergency that prevents a member from attending in person. • The member’s ability to participate remotely under the “emergency circumstances” exception is contingent upon making a request to the Advisory Body, which must take action by majority vote to approve the request. The member must notify the Secretary at the earliest possible opportunity of their need to participate remotely. The notification must include a description of the circumstances relating to the member’s need to appear remotely. Under state law, the description does not have to be more than 20 words and the member does not have to disclose any personal medical information.
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
• This item will be added as an urgency Item by the Presiding Officer or Secretary at the beginning of the meeting and action taken following roll call. The member must disclose at the meeting, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. The Presiding Officer will ask the virtual participant to disclose this information following roll call.
Members are responsible for their own conduct in terms of complying with AB 2449, but failure to comply with state law constitutes a violation of the Brown Act, potentially jeopardizing the validity of these meetings. The Secretary will advise the Advisory Body of the number of times the member has utilized teleconferencing under these rules. Any member who attempts to join a meeting virtually in excess of the number of meetings allowed per year, or whose request to virtually attend a meeting under the “Emergency Circumstances” exception is not approved, will be marked as absent. They will be able to join the meeting as a member of the public.
4. TYPES OF MEETINGS
4.1 Regular Meetings
Unless otherwise noted on the published agenda, all Advisory Bodies shall meet at their designated locations as established by City Council resolution for all regular and special meetings. If a regular meeting date falls on an observed holiday, the Advisory Body shall meet at a time and date so designated by the Advisory Body. In this instance, the departure from the established time and/or date will cause the meeting to become a Special Meeting.
4.2 Adjourned Meetings
Any meeting of the Advisory Body may be adjourned to a later date, place, and time, provided no adjournment is for a period longer than the next regularly scheduled meeting.
4.3 Special Meetings
Special meetings may be called by the Presiding Officer or by a majority of the Advisory Body Members during a regularly scheduled meeting. The call for a special meeting must specify the day, hour, and place, and shall specify the subject(s) to be considered.
Special Meetings shall be noticed and conducted in accordance with the Ralph M. Brown Act, as it may be amended from time to time.
4.4 Closed Session Meetings
Advisory Bodies shall not conduct closed session meetings.
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
4.5 Media Attendance
All meetings of Advisory Bodies shall be open to the media, and may be recorded by tape, radio, television, and/or photography, provided such recordings do not interfere with the orderly conduct of the meetings.
5. TRAINING / ORIENTATION
Advisory Body Members are required to attend an Advisory Body training/orientation workshop conducted by the City Clerk’s Office each year following the recruitment and appointment of members to scheduled vacancies. Members appointed to fill an unscheduled vacancy shall receive orientation from the Committee’s staff liaison upon assuming office, and thereafter attend the next City Clerk’s orientation workshop.
6. GOAL/PRINCIPLE SETTING AND ANNUAL REPORTING
Each Advisory Body shall work with Committee Staff to establish goals and principles to guide its work, and shall prepare an annual report that will be presented at a Council meeting by the Chair or a designee. The report will outline the Committee’s past year’s accomplishments and highlight its top two proposed priorities for the coming year. The presentation of the annual reports will be timed to align with Council’s consideration of goals, priorities and the budget and will occur each year at a noticed meeting of the Council.
7. ORDER & PREPARATION OF AGENDA
7.1 Purpose of Agenda
The purpose of Advisory Body agendas is to comply with provisions of the Brown Act.
Only items listed on the agenda may be considered. The agenda also facilitates the Advisory Body’s work in making recommendations on setting City policy direction, and program and budget priorities, and providing oversight of City programs and initiatives within the Advisory Body’s scope of responsibility.
7.2 Agenda Order of Business
All agendas of Advisory Bodies shall adhere to the following format:
1. Call to Order
2. Roll Call
3. Public Comment
4. Approval of [Previous Meeting Date] Action Minutes
5. Action Items
5.1. Description of Item to be Discussed/Acted Upon
5.2. Description of Item to be Discussed/Acted Upon
6. Information Items
6.1. Description of Item to be Discussed
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
6.2. Description of Item to be Discussed7. Future Agenda Items
7.1. Description of Item
7.2. Description of Item
8. Announcements / Member Comments
8.1. City Staff Announcements
8.2. Committee Member Announcements
9. Adjournment
7.3 Agenda Preparation
Agenda Items may be placed on the agenda by 1) a majority of the City Council; 2) a majority of the Advisory Body; 3) the City Manager; or 4) the City Attorney.
Future Agenda Items may be placed on the agenda by any Advisory Body Member, but are not placed on the agenda unless approved as stated above. Advisory Bodies shall have no authority to direct staff; to approve or authorize any contracts; or to approve the payment of money. Any such action must be conducted as part of a regular or special meeting of the City Council of the City of Emeryville, and approved by a majority of the City Council.
Agenda Items are to be delivered to the City Manager, or their designee, by 5:00 PM, seven days preceding the meeting date or as soon thereafter as is reasonable practicable. Each item shall contain a brief description of the matter to be discussed and shall include any reports or other written material as is relevant. The City Manager, or their designee, shall review and approve the final agenda prior to its publication.
The agenda for a regular meeting shall be made available to the public as soon as it is made available to the Members, and in no event later than 72 hours before the regular meeting. The agenda for a special meeting shall be made available to the public as soon as it is made available to the Members, and in no event later than 24 hours before the special meeting.
7.4 Hearing Items Out of Order
The Presiding Officer may move an item from the agenda for consideration out of the order shown on the agenda; unless, by a majority vote, the Members vote against considering and acting on the item out of order.
7.5 Audio Recordings
The Committee Secretary shall audio record all regular and special Advisory Body meetings and is responsible for posting all audio recordings on the City’s website so that they are available to the public in a timely manner following the regular or special meeting.
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
7.6 Action Minutes
The Advisory Body Secretary shall have exclusive responsibility for preparation of the Action Minutes of Advisory Body meetings and any corrections of the Action Minutes shall be made only by action of the Advisory Body. The Action Minutes shall be an accurate, clear and concise statement of every Advisory Body action, including the motions made and the vote thereon.
8. CITIZENS’ RIGHTS
8.1 Addressing the Advisory Body
Any person may address the Advisory Body on the following Order of Business portions of the Agenda as identified in Section 7.2:
• Public Comment
• Action Items
• Information Items
The following shall apply for commenting on agenda items:
• At each meeting of an Advisory Body, staff shall provide a seating area for the public.
• Each person desiring to address the Advisory Body on an Agenda Item shall signal their desire to address the Presiding Officer (e.g. by raising their hand) or using the “raise hand” feature in Zoom after the matter has been presented to and discussed by the members of the Advisory Body and public comment called for.
• Before the Advisory Body can take action on the item, if any action is contemplated, the Presiding Officer shall recognize those members of the public who have signaled their desire to address the Advisory Body. Each person, once recognized by the Presiding Officer, is requested but not required to state their name and city of residence for the record. • Each individual speaker is limited to three minutes for any comment on an Agenda Item. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.
• At the discretion of the Presiding Officer, the total amount of time allotted to comments from members of the public on an individual Agenda Item may be limited if deemed necessary in order to complete the business of the Advisory Body as listed on the Agenda.
• All remarks on an Agenda Item shall be directed to the Advisory Body as a whole and not to any particular member of the Advisory Body, staff or member of the public.
DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
• No person, other than members of the Advisory Body, the City Manager or their designee, and the person recognized by the Chairperson shall be permitted to enter into the discussion.
• No question shall be asked of the Advisory Body Members, the City Manager, or staff except through the Presiding Officer.
The following shall apply for open Public Comments:
• At each meeting of an Advisory Body, staff shall provide a seating area for the public.
• Any person who desires to address the Advisory Body on any item not on the Agenda, which item is within the subject matter jurisdiction of the Advisory Body, may do so during that portion of the Agenda called Public Comment.
• The Advisory Body Members and City staff may only respond to public comments in accordance with California Government Code Section 54952.2. Accordingly, the Advisory Body Members and City staff, upon recognition of the Presiding Officer, may only briefly respond to statements made or questions posed, ask a question for clarification, refer the person to City staff or others for information, request staff to report back at a future meeting, or direct staff to place a matter of business on the agenda for a future meeting. Notwithstanding California Government Code Section 54952.2(b), no discussion or action shall take place on any item not listed on the published agenda.
• Each speaker is limited to three minutes for any comment during “Public Comments”. At the discretion of the Presiding Officer, the time allotted to an individual speaker may be further adjusted.
• At the discretion of the Presiding Officer, the total amount of time allotted to “Public Comments” may be limited if deemed necessary in order to complete the business of the Advisory Body as listed on the Agenda.
The following shall apply for any other portion of the Agenda:
• At the discretion of the Presiding Officer, members of the public may be allowed to address the Advisory Body on any other portion of the Agenda, if the member of the public is recognized by the Presiding Officer. • Each speaker is limited to three minutes for any comment on any other portion of the Agenda.
• At the discretion of the Chairperson, the total amount of time allotted to comments from members of the public on any other portion of the Agenda may be limited if deemed necessary in order to complete the business of the Advisory Body as listed on the Agenda.
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8.2 Written Communications
Any person may submit written comments to the Advisory Body through the office of the City Manager/City Clerk, and request that the Advisory Body receive copies in their Agenda Packets, provided such written comments are relevant to matters within the subject matter jurisdiction of the Advisory Body and are received in sufficient time to include in the Agenda Packet. Communications received subsequent to the publishing/posting of the Agenda Packet may be included as late correspondence and provided separately to the members either in advance of or at the meeting, with copies provided at the meeting for the public. Written comments can also be submitted using the online speaker card. Online speaker cards received prior to the meeting will be read into the record at the time called by the Presiding Officer.
9. SUSPENSION AND AMENDMENTS OF RULES
9.1 Suspension
Any provision of these Rules not already governed by State law may be temporarily suspended by a majority vote of the Advisory Body.
9.2 Amendment
These Rules may only be amended or new rules adopted by a majority vote of the City Council of the City of Emeryville.
10. MISCELLANEOUS RULES
10.1 Chairperson
The Chairperson may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Member.
10.2 Roll Call Votes
In compliance with California Senate Bill 751, enacted in 2013, to amend Section 54953 of the California Government Code, the legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each Member present for the action. To accomplish this, the Committee Secretary shall take a verbal roll call vote on any and all motions before the Committee. The Chair's name shall be called last and the Vice-Chair next to last with the other members' names called in alphabetical order by the Committee Secretary.
Each member present at a meeting of the Advisory Body and duly appointed to serve on the Advisory Body shall be entitled to cast one vote.The adoption of any motion shall require the vote of the majority of the Members present.
10.3 Personal Privilege
The right of an Advisory Body Member to address the Advisory Body on a question of personal privilege shall be limited to cases in which the integrity, character, or motives of the Advisory Body Member are called into question, or to where the welfare of the DocuSign Envelope ID: 6122E748-7427-4A5A-ACA8-A5F3922A48B1 City of Emeryville | Rules of Procedures for Local Boards, Commissions and Committees Amended: June 6, 2023
Advisory Body is concerned. The Advisory Body Member may not interrupt the speaker, however, until recognized by the Presiding Officer.
10.4 Protests
Any Advisory Body Member shall have the right to enter into the public record reasons for dissent or protests against any action carried by the majority, after the vote has been taken.
10.5 Motion to Reconsider
A motion to reconsider any action taken by the Advisory Body may be made in accordance with the following:
• The motion must be made by a member of the prevailing side, although it may be seconded by any Advisory Body Member.
• The motion is debatable and has precedence over a pending motion. • The motion must be made before the adjournment of the next regular meeting.
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