LIVE OAK CITY COUNCIL AGENDA – MAY 17, 2023
The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on this agenda. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection at City Hall, 9955 Live Oak Boulevard, Live Oak, during normal business hours.
Such documents are also available on the City of Live Oak’s website at www.liveoakcity.org, subject to staff’s availability to post the documents before the meeting.
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s office at (530) 695-2112 x107. Requests must be made at least 24 hours in advance.
• Remote Viewing:
o Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. o Members of the public can access the Zoom webinar as follows:
▪ Join by Electronic Device:
https://us02web.zoom.us/j/85633952850
▪ Join by Phone:
1-669-900-6833 or 1-833-548-0282 (Toll Free)
Webinar ID: 856 3395 2850
• Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways:
o Public Attendance: Members of the public who attend in person may make comments from the Council Chamber podium.
LIVE OAK
CITY COUNCIL
REGULAR MEETING AGENDA
MAY 17, 2023
6:00 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
BOB WOTEN, MAYOR
JERAMY CHAPDELAINE, VICE MAYOR
LAKHVIR GHAG, COUNCILMEMBER
ASHLEY HERNANDEZ, COUNCILMEMBER
NANCY SANTANA, COUNCILMEMBER
AARON PALMER,
CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
1 LIVE OAK CITY COUNCIL AGENDA – MAY 17, 2023
o Live Remote Public Comment: Members of the public can submit a live remote public comment by:
▪ Joining the virtual Council meeting via the link below. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes. https://us02web.zoom.us/j/85633952850
▪ Joining the virtual Council meeting by calling the phone number below. When public comment is opened, dial *9 to raise your hand and be called upon to speak for up to 3 minutes. 1-669-900-6833 or 1-833-548-0282 (Toll Free)
Webinar ID: 856 3395 2850
o Email Public Comment: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via email to the City Clerk at [email protected]. Comments will be distributed to Council prior to the meeting and attached to the minutes. Please note that emailed comments will NOT be read aloud by staff during the meeting. o eComment Feature: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via the eComment feature at
https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. Comments will be distributed to Council prior to the meeting and attached to the minutes. Please note that eComments will NOT be read aloud by staff during the meeting.
2 LIVE OAK CITY COUNCIL AGENDA – MAY 17, 2023
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE AND INVOCATION
CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY
PRESENTATIONS AND RECOGNITIONS
PUBLIC COMMENT
Any person wishing to address the City Council on general jurisdictional matters or consent calendar items may do so at this time. If you are commenting on an agenda item, your comments will be heard at the time that item is scheduled for discussion. The City Council adopted a time limit of three minutes per person. The Brown Act does not allow for Council discussion of items not on the agenda.
Councilmembers may only a) refer the matter to staff; b) ask for additional information; c) request a report back; or d) provide a limited factual response for items not listed on the agenda.
CONSENT ITEMS
Consent Calendar is passed by one motion with exceptions and separate votes as noted.
1. City Council Meeting Minutes
Recommendation: Approve the May 3, 2023, City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk)
2. City Projects Update
Recommendation: Receive and file.
(Ron Walker, Public Works Director)
3. Second Reading and Adoption of an Ordinance Amending Section 2.04.050 "Rules of Decorum" and Adding Section 2.04.070 "Ethics" to Chapter 2.04 "Rules and Regulations Governing the Conduct of Council Meetings, Proceedings and Business" of the Live Oak Municipal Code Recommendation: 1) Waive the second reading of the ordinance amending Section 2.04.050 "Rules of Decorum" and Adding Section 2.04.070 "Ethics" to Chapter 2.04 "Rules and Regulations Governing the Conduct of Council Meetings, Proceedings and Business" of the Live Oak Municipal Code; and 2) Adopt ordinance.
(Nicole Rosser, City Attorney)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION
UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER
COUNCILMEMBER COMMENTS
3 LIVE OAK CITY COUNCIL AGENDA – MAY 17, 2023
CLOSED SESSION
After the Closed Session the City Council will leave the Council Chambers and the meeting will be adjourned by operation of law due to lack of a quorum. If there is any reportable Closed Session Action, a report will be made at the beginning of the next regular Council meeting. After the Closed Session Item descriptions are read by the City Attorney, all members of Council, applicable Consultants and Staff are asked to join the Closed Session meeting.
4. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8:
Property Description: APNs 06-350-002, 06-350-001, 06-640-015 City Negotiator: Aaron Palmer
Negotiating Parties: Sutter Buttes Nursery
Negotiations: Price and terms
5. Pursuant to Government Code Section 54957.6: Conference with Labor Negotiator Aaron Palmer Regarding the Following Bargaining Unit: Sutter County Sheriff’s Office
6. Pursuant to Government Code Section 54957.6: Conference with Labor Negotiator Aaron Palmer Regarding the Following Bargaining Unit: Sutter County Fire Department
ADJOURNMENT
4 City of Live Oak
Report to City Council
Meeting Date: May 17, 2023
Title: City Council Meeting Minutes
Contact Information: Clarissa Menchaca, City Clerk
Recommendation: Approve the May 3, 2023, City Council Regular Meeting minutes.
Attachments:
Minutes
5 LIVE OAK CITY COUNCIL MINUTES – MAY 3, 2023
CALL TO ORDER
Meeting called to order by Mayor Woten at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:06 pm.
ROLL CALL
Present: Councilmembers Hernandez, Santana, Ghag, Vice Mayor Chapdelaine, and Mayor Woten
PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Hernandez led the Pledge of Allegiance. Vice Mayor Chapdelaine delivered the invocation.
CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY There were no corrections and/or changes to the agenda.
PRESENTATIONS AND RECOGNITIONS
A. Anti Vaping Presentation
Kary Hauck, Sapphire Marketing Group; Ivan Ramirez, 6th grade; and Esme Diaz, 8th grade, provided a presentation to the Council.
B. Small Business Week and Small Business Month Proclamation Mayor Woten presented the proclamation. Jacki Lee and Kristen Perry with the Yuba Sutter Chamber of Commerce accepted the proclamation.
PUBLIC COMMENT
Public Comment was opened and closed without any speakers.
LIVE OAK
CITY COUNCIL
MINUTES
MAY 3, 2023
6:00 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
BOB WOTEN, MAYOR
JERAMY CHAPDELAINE, VICE MAYOR
LAKHVIR GHAG, COUNCILMEMBER
ASHLEY HERNANDEZ, COUNCILMEMBER
NANCY SANTANA, COUNCILMEMBER
AARON PALMER,
CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
6 LIVE OAK CITY COUNCIL MINUTES – MAY 3, 2023
CONSENT ITEMS
Consent Calendar is passed by one motion with exceptions and separate votes as noted.
MOTION: APPROVE THE CONSENT AGENDA.
(MOTION: GHAG; SECOND: SANTANA)
VOTE: MOTION PASSED UNANIMOUSLY
1. City Council Meeting Minutes
Clarissa Menchaca, City Clerk
Council action: April 5, 2023, City Council Regular Meeting minutes approved.
2. City Council Meeting Minutes
Clarissa Menchaca, City Clerk
Council action: April 19, 2023, City Council Regular Meeting minutes approved.
3. Public Works Projects Update
Ron Walker, Public Works Director
Council action: Received and filed.
DISCUSSION ITEMS
4. Preliminary Budget Workshop
James Ramsey, Finance Director
James Ramsey, Finance Director, provided a report for the Council.
Scott Rolls, City Engineer; Ron Walker, Public Works Director; and Luis Cibrian, Parks and Recreation Director, addressed questions from the Council.
Public Comment was opened and closed without any speakers.
Council action: Direction provided to staff.
7 LIVE OAK CITY COUNCIL MINUTES – MAY 3, 2023
BUSINESS ITEMS
5. Introduction of an Ordinance Amending Section 2.04.050 "Rules of Decorum" and Adding Section
2.04.070 "Ethics" to Chapter 2.04 "Rules and Regulations Governing the Conduct of Council Meetings, Proceedings and Business" of the Live Oak Municipal Code Nicole Rosser, City Attorney
Nicole Rosser, City Attorney, provided a report for the Council.
Public Comment was opened and closed without any speakers.
MOTION: WAIVE THE FIRST READING OF THE ORDINANCE AMENDING SECTION 2.04.050 “RULES OF DECORUM” AND ADDING SECTION 2.04.070 “ETHICS” TO CHAPTER 2.04 “RULES AND REGULATIONS GOVERNING THE CONDUCT OF COUNCIL MEETINGS, PROCEEDINGS AND BUSINESS” OF THE LIVE OAK MUNICIPAL CODE.
(MOTION: SANTANA; SECOND: WOTEN)
VOTE: MOTION PASSED 3-2
AYES: COUNCILMEMBERS HERNANDEZ, SANTANA, AND MAYOR WOTEN NOES: COUNCILMEMBER GHAG AND VICE MAYOR CHAPDELAINE
ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION There were no items removed from the Consent Agenda for Council consideration and action.
UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER Aaron Palmer, City Manager, highlighted the following events: Annual Clean Up Day, swim lessons, tennis camp, and football camp.
COUNCILMEMBER COMMENTS
Councilmember Hernandez touched on the Business Connection Breakfast State of Live Oak scheduled for Friday, May 19, 2023, and the SayLOVE events schedule.
Councilmember Santana discussed her attendance at the Live Oak High School Senior Sober Grad Night event.
Councilmember Ghag highlighted his attendance at the Sutter Animal Services Authority meeting and his volunteer service at the Yuba Sutter Food distribution event.
Vice Mayor Chapdelaine recognized staff for their hard work with regards to the Annual Clean Up Day and recreation events. Vice Mayor Chapdelaine highlighted his attendance at the Live Oak High School Senior Sober Grad Night.
Mayor Woten touched on the Live Oak High School Senior Sober Grad Night and thanked staff for the Parks and Recreation events calendar.
ADJOURNMENT
Mayor Woten adjourned the meeting at 8:15 pm.
8 LIVE OAK CITY COUNCIL MINUTES – MAY 3, 2023
Bob Woten, Mayor
ATTEST:
Clarissa Menchaca, City Clerk
9 City of Live Oak
Report to City Council
Meeting Date: May 17, 2023
Title: City Projects Update
Contact Information: Ron Walker, Director of Public Works Background: 1. Pennington Road - Franklin Construction has submitted a Water Pollution Control Program, Injury and Illness Prevention Plan (IIPP), Aggregate Base, and Concrete Mix submittals to Unico for approval.
2. Pennington East - East Project: Topo drafting complete. Right-of-way and preliminary design are underway.
3. P Street Lift Station Improvement project: Neal Cowell with KSN Inc.
Engineering has submitted an audited financial statement into the grant system as requested by Kevin Warring from the Water Board.
4. Wastewater Treatment Plant Solar Project: The grant is still in the extension review process, and has a high probability of being extended.
5. Wastewater Treatment Plant Headworks Rehabilitation Project: The State has not evaluated this grant application yet, because of a backlog of grant applications.
6. Well 7 & Well 4 Generator Grant Project: This grant application received a Priority 2 ranking according to the California Public Utility Commission's High Fire Threat District Map. If there is any funding left after all Priority 1 applications have been addressed, the State Water Resource Control Board will start on Priority 2 ranked applications.
7. Customer Complaint Project: City Clerk Clarissa Menchaca is looking into a customer complaint system offered by Granicus.
8. Welcome to Live Oak Signs. City Engineering staff is performing research for the original documents to gather information to formulate a plan to install the signs.
9. Streets Master Plan. Staff will update as funds become available.
10. Dog Park: Parks and Engineering staff have walked the site and the project engineering is in the preliminary design stage for the site. Parks staff will mark out the site and make arrangements for council members to walk the site.
Analysis: This report provides the status of city projects.
Fiscal Impacts: None.
Recommendation: Receive and file.
10 Attachments:
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Report to City Council
Meeting Date: May 17, 2023
Title: Second Reading and Adoption of an Ordinance Amending Section 2.04.050 "Rules of Decorum" and Adding Section 2.04.070 "Ethics" to Chapter 2.04 "Rules and Regulations Governing the Conduct of Council Meetings, Proceedings and Business" of the Live Oak Municipal Code Contact Information: Nicole Rosser, City Attorney
Background: This agenda item previously came before Council on whether or not the Council would like a more formal Council Member Code of Conduct. At said meeting, the Councilmembers were in agreement that they would like a more formal Code of Conduct for Councilmembers and provided direction to the City Attorney. As a result, the Municipal Code was reviewed and Chapter
2.04 "RULES AND REGULATIONS GOVERNING THE CONDUCT OF
COUNCIL MEETINGS, PROCEEDINGS AND BUSINESS" was identified as the portion of the Municipal Code wherein provisions related to Council Decorum and a Code of Conduct should be included. Therefore, it is now being brought forward for the Introduction and First Reading of the Ordinance.
At the May 3, 2023 meeting, the First Reading and Introduction of the Ordinance came before Council. The Second Reading and Adoption needs to be passed by Council before the ordinance can be published and take effect.
Fiscal Impacts: None.
Recommendation: 1) Waive the second reading of the ordinance amending Section 2.04.050 "Rules of Decorum" and Adding Section 2.04.070 "Ethics" to Chapter 2.04 "Rules and Regulations Governing the Conduct of Council Meetings, Proceedings and Business" of the Live Oak Municipal Code; and 2) Adopt ordinance.
Attachments:
Rules of Decorum Redline
Rules of Decorum and Ethics Final
14 The City Council of the City of Live Oak does ordain as follows:
2.04.050 Rules of decorum.
A. Preservation of Order. While the Council is in session, the chair shall preserve order and decorum.
No person in attendance shall either by conversation or otherwise delay or interrupt the proceedings or the peace of the Council or disturb either any Council member or any member of the public while speaking nor refuse to obey the orders of the Council or the presiding officer except as otherwise provided. Any persons making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall be handled in accordance with 2.04.050(B)forthwith by the presiding officer barred from further audience before the Council unless permission to continue shall be granted by a majority vote of the Council. All persons addressing the Council shall step to the designated podium and shall give his or her name and address in an audible tone of voice for the record. All remarks shall be addressed to the Council as a body and not to any member thereof. No person other than the Council and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the Council without the permission of the chair. No question shall be asked a Council member except through the chair. Every person in attendance desiring to speak shall address the chair and, upon recognition by the chair, shall confine him or herself to the question under debate avoiding all personalities and indecorous language. Any person in attendance, once recognized by the chair, shall not be interrupted when speaking unless it shall be to call him or her to order or as otherwise here and before provided. If a person, while speaking, shall be called to order he or she shall cease speaking until the question of order shall be determined and if in order he or she shall be permitted to proceed. A Council member may request, through the chair, the privilege of having a written abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (Ord. 414 § 2, 1995) B. Decorum. Consistent with Senate Bill 1100 passed by the State Legislature in 2022, starting on January 1, 2023, the Brown Act is amended to address disruptions at public local government meetings.
Moving forward, consistent with SB 1100, the City of Live Oak adopts the following policy:
The Mayor and/or any Councilmember shall:
(1) Warn the individual that their behavior is disrupting the meeting and their failure to cease their behavior may result in removal.
(2) Order the removal of the individual if they do not “promptly” cease their disruptive behavior.
Consistent with SB 1100, the remainder of policies related to decorum at Council meetings shall also be in effect.
C. Civility. City of Live Oak elected officials and staff, will treat members of the public with respect and expect the same in return. The City is committed to maintaining orderly administrative processes in keeping City Council meetings and City operations in general free from disruptions. This section of the policy is intended to promote mutual respect, civility, and orderly conduct among City staff, elected officials, and the public.
Formatted: Indent: Left: 1", First line: 0"
15 D. Interactions. All interactions between City staff, elected officials, and members of the public shall be conducted in a respectful manner. With that in mind, the following rules shall govern interaction between the groups noted above while at City Council meetings:
1. Threats, including threats of violence, shall not be tolerated;
2. All City Council meeting attendees shall refrain from behavior that disrupts or threatens to disrupt City government operations. This includes, but is not limited to harassment and/or intimidation of City staff, elected officials, or members of the public; the willful destruction of public property; and conduct that threatens to provoke a violent reaction or disrupts the Council meeting;
3. If a sign, placard, banner, and/or other similar item disturbs, disrupts, or other otherwise impedes the orderly conduct of a City Council meeting, it shall not be permitted; and
4. No person attending the meeting shall engage in disorderly or boisterous conduct, including, but not limited to applause, whistling, stamping of feet, booing, or other loud noises. . . .
2.04.070 Ethics.
A. Purpose. The citizens and businesses of Live Oak are entitled to fair, ethical and accountable local government, which will instill public confidence in the fair operation and integrity of Live Oak’s City government. To this end, the Live Oak City Council has adopted a Code of Ethics and Conduct for members of the City Council and of the City’s boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation.
B. Conduct. Members of the City Council shall conduct themselves in accordance with the following ethical standards:
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, City Officials will work for the common good of the people of Live Oak and not for any private or personal interest, promoting the interests of the public and putting service to the public above service to oneself.
2. Comply with the Law. City Officials shall comply with the Constitution, Laws and Ordinances of the United States, the State of California and the City of Live Oak in the performance of their public duties.
3. Conduct of City Officials. The Professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. City Officials shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards and Commissions, staff, or the public.
4. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, City Officials shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, 16 members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist.
5. Gifts and Favors. City Officials shall not take any special advantages of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
6. Proper Efficient Use of Public Resources. City Officials shall not use public resources which are not available to the public in general for private gain or for personal purposes not otherwise authorized by law.
7. Promote Democratic Participation. Inform the public and encourage active engagement in governance. Be open, transparent and responsive, and respect and assist all persons in their dealings with public organizations.
8. Conduct of Public Meetings. City Officials shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.
They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings.
9. Advocacy. City Officials shall represent the official policies or positions of the City Council, Board, or Commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, City Officials shall explicitly state they do not represent their body or the City of Live Oak, nor will they allow the inference that they do. Council, Board, and Commission decisions shall receive the support of all City Officials.
10. Decisions. City Officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
11. Confidential Information. City Officials shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
12. Strengthen Social Equality. Treat all persons with fairness, justice, equality, and respect individual differences, rights, and freedoms.
13. Demonstrate Personal Integrity. Adhere to the highest standards of conduct to inspire public confidence and trust in public service.
14. Policy Role of City Officials. City Officials shall respect and adhere to the council-manager structure of Live Oak City government as outlined by the Live Oak Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards and commissions, and City staff resulting in the City Manager implementing those polices.
Except as provided by the City of Live Oak Municipal Code, City Officials shall not interfere with the administrative functions of the City or the professional duties of City staff nor shall they impair the ability of staff to implement Council policy decisions.
17 15. Independence of Boards and Commissions. Because of the value of the independent advice of boards and commissions to the public decision-making process, City Officials shall refrain from using their position to unduly influence the deliberations or outcomes of boards and commission proceedings.
16. Positive Work Place Environment. City Officials shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. City Officials shall recognize their special role in dealing with City employees to in no way create the perception of inappropriate direction to staff.
Introduced and the first reading waived at a regular meeting of the City Council of the City of Live Oak on the 3rd day of May, 2023, and passed and adopted after waiving the second reading at a regular meeting thereafter on the __ day of____, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
APPROVED: ____________________________
Bob Woten, Mayor
ATTEST:
_________________________
Clarissa Menchaca, City Clerk
APPROVED AS TO FORM:
_________________________
Nicole Rosser, City Attorney Formatted: Justified
18 The City Council of the City of Live Oak does ordain as follows:
2.04.050 Rules of decorum.
A. Preservation of Order. While the Council is in session, the chair shall preserve order and decorum.
No person in attendance shall either by conversation or otherwise delay or interrupt the proceedings or the peace of the Council or disturb either any Council member or any member of the public while speaking nor refuse to obey the orders of the Council or the presiding officer except as otherwise provided. Any persons making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall be handled in accordance with 2.04.050(B). All persons addressing the Council shall step to the designated podium and shall give his or her name and address in an audible tone of voice for the record. All remarks shall be addressed to the Council as a body and not to any member thereof.
No person other than the Council and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the Council without the permission of the chair. No question shall be asked a Council member except through the chair. Every person in attendance desiring to speak shall address the chair and, upon recognition by the chair, shall confine him or herself to the question under debate avoiding all personalities and indecorous language. Any person in attendance, once recognized by the chair, shall not be interrupted when speaking unless it shall be to call him or her to order or as otherwise here and before provided. If a person, while speaking, shall be called to order he or she shall cease speaking until the question of order shall be determined and if in order he or she shall be permitted to proceed. A Council member may request, through the chair, the privilege of having a written abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (Ord. 414 § 2, 1995)
B. Decorum. Consistent with Senate Bill 1100 passed by the State Legislature in 2022, starting on January 1, 2023, the Brown Act is amended to address disruptions at public local government meetings.
Moving forward, consistent with SB 1100, the City of Live Oak adopts the following policy:
The Mayor and/or any Councilmember shall:
(1) Warn the individual that their behavior is disrupting the meeting and their failure to cease their behavior may result in removal.
(2) Order the removal of the individual if they do not “promptly” cease their disruptive behavior.
Consistent with SB 1100, the remainder of policies related to decorum at Council meetings shall also be in effect.
C. Civility. City of Live Oak elected officials and staff, will treat members of the public with respect and expect the same in return. The City is committed to maintaining orderly administrative processes in keeping City Council meetings and City operations in general free from disruptions. This section of the policy is intended to promote mutual respect, civility, and orderly conduct among City staff, elected officials, and the public.
19 D. Interactions. All interactions between City staff, elected officials, and members of the public shall be conducted in a respectful manner. With that in mind, the following rules shall govern interaction between the groups noted above while at City Council meetings:
1. Threats, including threats of violence, shall not be tolerated;
2. All City Council meeting attendees shall refrain from behavior that disrupts or threatens to disrupt City government operations. This includes, but is not limited to harassment and/or intimidation of City staff, elected officials, or members of the public; the willful destruction of public property; and conduct that threatens to provoke a violent reaction or disrupts the Council meeting;
3. If a sign, placard, banner, and/or other similar item disturbs, disrupts, or other otherwise impedes the orderly conduct of a City Council meeting, it shall not be permitted; and
4. No person attending the meeting shall engage in disorderly or boisterous conduct, including, but not limited to applause, whistling, stamping of feet, booing, or other loud noises. . . .
2.04.070 Ethics.
A. Purpose. The citizens and businesses of Live Oak are entitled to fair, ethical and accountable local government, which will instill public confidence in the fair operation and integrity of Live Oak’s City government. To this end, the Live Oak City Council has adopted a Code of Ethics and Conduct for members of the City Council and of the City’s boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation.
B. Conduct. Members of the City Council shall conduct themselves in accordance with the following ethical standards:
1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, City Officials will work for the common good of the people of Live Oak and not for any private or personal interest, promoting the interests of the public and putting service to the public above service to oneself.
2. Comply with the Law. City Officials shall comply with the Constitution, Laws and Ordinances of the United States, the State of California and the City of Live Oak in the performance of their public duties.
3. Conduct of City Officials. The Professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. City Officials shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards and Commissions, staff, or the public.
4. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, City Officials shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. In accordance with the law, 20 members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist.
5. Gifts and Favors. City Officials shall not take any special advantages of services or opportunities for personal gain, by virtue of their public office, that are not available to the public in general. They shall refrain from accepting any gifts, favors, or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
6. Proper Efficient Use of Public Resources. City Officials shall not use public resources which are not available to the public in general for private gain or for personal purposes not otherwise authorized by law.
7. Promote Democratic Participation. Inform the public and encourage active engagement in governance. Be open, transparent and responsive, and respect and assist all persons in their dealings with public organizations.
8. Conduct of Public Meetings. City Officials shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.
They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings.
9. Advocacy. City Officials shall represent the official policies or positions of the City Council, Board, or Commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, City Officials shall explicitly state they do not represent their body or the City of Live Oak, nor will they allow the inference that they do. Council, Board, and Commission decisions shall receive the support of all City Officials.
10. Decisions. City Officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
11. Confidential Information. City Officials shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
12. Strengthen Social Equality. Treat all persons with fairness, justice, equality, and respect individual differences, rights, and freedoms.
13. Demonstrate Personal Integrity. Adhere to the highest standards of conduct to inspire public confidence and trust in public service.
14. Policy Role of City Officials. City Officials shall respect and adhere to the council-manager structure of Live Oak City government as outlined by the Live Oak Municipal Code. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards and commissions, and City staff resulting in the City Manager implementing those polices.
Except as provided by the City of Live Oak Municipal Code, City Officials shall not interfere with the administrative functions of the City or the professional duties of City staff nor shall they impair the ability of staff to implement Council policy decisions.
21 15. Independence of Boards and Commissions. Because of the value of the independent advice of boards and commissions to the public decision-making process, City Officials shall refrain from using their position to unduly influence the deliberations or outcomes of boards and commission proceedings.
16. Positive Work Place Environment. City Officials shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. City Officials shall recognize their special role in dealing with City employees to in no way create the perception of inappropriate direction to staff.
Introduced and the first reading waived at a regular meeting of the City Council of the City of Live Oak on the 3rd day of May, 2023, and passed and adopted after waiving the second reading at a regular meeting thereafter on the __ day of____, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
APPROVED: ____________________________
Bob Woten, Mayor
ATTEST:
_________________________
Clarissa Menchaca, City Clerk
APPROVED AS TO FORM:
_________________________
Nicole Rosser, City Attorney
22 City of Live Oak
Report to City Council
Meeting Date: May 17, 2023
Title: Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8:
Property Description: APNs 06-350-002, 06-350-001, 06-640-015 City Negotiator: Aaron Palmer
Negotiating Parties: Sutter Buttes Nursery
Negotiations: Price and terms
23 City of Live Oak
Report to City Council
Meeting Date: May 17, 2023
Title: Pursuant to Government Code Section 54957.6: Conference with Labor Negotiator Aaron Palmer Regarding the Following Bargaining Unit: Sutter County Sheriff's Office
24 City of Live Oak
Report to City Council
Meeting Date: May 17, 2023
Title: Pursuant to Government Code Section 54957.6: Conference with Labor Negotiator Aaron Palmer Regarding the Following Bargaining Unit: Sutter County Fire Department
25