Agenda packet — Livermore City Council, April 11, 2022 (part 3 of 4)

Chapter 5 – Development Standards - Core
Downtown Specific Plan – Chapter 5
Downtown Core Plan Area
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Development Standards: Downtown Core Plan Area

1. Purpose
The purpose of the Downtown Core is to revitalize the City’s historic core area as the center of the City of Livermore. The primary intent of this Plan Area is to promote the continued development and revitalization of the City’s pedestrian-oriented Downtown district that serves as the center of the Livermore Community, its most unique shopping district, and as a neighborhood hub for the residences within and surrounding it. Its shopping areas will provide high quality specialty sales and services that are in keeping with the distinctive character of Downtown; discount stores are not intended for this district. Development Standards for the Downtown Core are targeted towards re-establishing Downtown's identity as a compelling place for shoppers, investors, residents and visitors, requiring development that is in line with Downtown’s traditions and preserves its historic heritage. They require a mix of stores intended to draw people downtown during the day, evenings, and on weekends, an improved streetscape to provide downtown visitors with a pleasant pedestrian experience, and a series of public spaces to provide places for citizens to come together downtown.

2. Perm
itted Uses
All uses permitted in the Downtown Core shall contribute to the vibrancy of the Plan Area. Restaurants, services and retail uses shall help promote the Core as a “specialty” retail and activity center, providing high-end, unique yet quality goods and services. As a “specialty” retail and activity center, the Core is not appropriate for discount retail uses.

In order
to ensure that Downtown is the most densely developed part of the City, and in order to sustain a high level of pedestrian and retail activity, mixed-use buildings are required for all parcels fronting First Street, and encouraged throughout the Downtown Core. All uses permitted in the Downtown Core shall be required to comply with the City’s Right to Downtown Operations Ordinance (Chapter 10 – Implementation and Livermore Municipal Code Chapter 8.19). In addition, all noise generating uses shall be required to comply with the noise level standards, and all new residential uses shall be required to utilize construction methods necessary to comply with the interior noise thresholds, established for the Downtown in Section 7 of this Chapter.

New sing
le-story buildings shall not be allowed, except within Subarea 4 – Special Condition Sub-district – A, where new buildings may be one story to maintain the scale of the adjacent Blacksmith Square development at 21-29 South Livermore Avenue.
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2.1 Subarea 1

2.1.1 Permitted Ground Floor Uses
Mixed Use Buildings are required on First Street: All buildings fronting First Street in Downtown Core are required to be “mixed-use” (except as provided for in sections 2.1.D, 2.2 and 2.3 below), defined for this Plan Area as the vertical combining of ground-floor retail sales and service uses or eating and drinking establishments, with permitted upper floor uses such as residential or office in the same building.

A. Retail Sales and Services including the following:

1. Specialty Food Retail, including the following and similar specialty foods: Groceries/Specialty Market/Market Hall (separate retail food uses (e.g. meat, fish, bakery, deli, produce, etc.) that combine to create a market)/Drug Stores; Chocolate/candy; General gourmet; Ice cream; Pastry/desserts; Yogurt/dairy; Doughnuts/bakery; Wine Shops and wine tasting; and similar specialty foods.

2. Specialty Goods Retail, including the following and similar specialty goods uses: Cooking supplies/culinary; General house wares; Decorator/arts and design centers (including tile, floor and wall coverings); Specialty hardware; Antique stores selling high-quality used goods (this category excludes thrift and second-hand stores); Party supplies; Lamps/lighting; Household accessories; Books/magazines/stationery; Music/instruments.

3. Quality Goods Retail, including the following, and similar uses: Small crafts; Specialty furniture; Clothing (including consignment stores that sell both gently used and new clothing and accessories)/shoe stores; Stereo/video or computers; Cameras/photography; Sporting goods; Bicycle shops; Outdoor/sports clothing and supplies; Toys/games; Cards/gifts; Jewelry; Watches/clocks; Beauty/cosmetics; Plants/flowers. Thrift stores, donation centers, and similar retail uses are not permitted.

4. Business Services, excluding sales and storage of heavy equipment - businesses that generate a significant amount of foot traffic, such as Computer and Office Supply, Photocopy Shops, Photo Finishers, and Print Shops.

5. State Licensed Banks and Financial Institutions, excluding check cashing stores.

6. Permitted and fully-conforming retail uses that occupy a ground-floor retail storefront may have an outdoor display area within the public right-of-way (sidewalk area only) and upon outdoor private property between a storefront and the public right-of-way consistent with the Master Design Program and Outdoor Display Permit application procedures specific to outdoor merchant display uses contained within Chapters 6 and 10 of the Downtown Specific Plan.
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B. Eating and Drinking Establishments including the following uses:

1. Restaurants, including those serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to
food service.

2. Establishments serving wine and/or beer and providing ancillary food service are permitted. Ancillary entertainment
is also permitted with this type of use.

3. Drive-up or drive-in restaurants are not permitted.

4. Outdoor
dining uses may be permitted within the public right-of-way (sidewalk and/or flexible zone areas) consistent
with the Master Design Program and Outdoor Dining Permit application procedures
specific to outdoor dining uses contained within Chapter 6 and 10 of the Downtown Specific
Plan; however, the number of parking spaces converted to outdoor dining use shall be limited to 25 percent of all parking spaces on First Street between M Street and Maple Street including J
Street, K Street, and McLeod Street between First Street and Second Street. However, parking spaces on L Street and Livermore Avenue shall not be converted to outdoor dining use due to the lack of diagonal parking and higher vehicular speeds. In addition, the City reserves the right to limit the number of parking spaces
that may be converted to outdoor dining use based on the cumulative effect of the loss of p
arking spaces on a block by block basis.

C. Publicly Owned Parking Facilities.

D. Performing Arts,
Civic & Cultural Facilities, including libraries, public recreation facilities, museums, art galleries,
movie theaters and auditoriums (these uses are exempt from the mixed-use requirement for newly constructed buildings on First Street).

E. Accessory Uses and Structures: Including signage, parking facilities, trash and utility enclosures, and enclosed
storage.

F. Public and quasi-public uses and public utilities are permitted within the block bounded by First Street, Second Street, McLeod Street and South Livermore Avenue.

G. Additional
Uses Permitted: Other similar and compatible uses deemed by the Community Development Director
to meet the purpose and intent of the Downtown Specific Plan.

2.1.2 Subarea 1 - Permitted Upper Floor Uses
Upper floor uses are encouraged to provide more residential and small office uses.

A. Multi-Family and Attached Single Family Residential.

B. Retail Sales and Service uses (as defined in Section 2.1.A above) are permitted on upper-floors if internally connected to and operated in conjunction with the ground-floor use. 394

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C. Eating and Drinking Establishments, including those serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service.

D. Business, Professional, and Government Offices.

E. Medical and Dental Offices.

F. Health and Exercise Clubs.

G. Lodging or other establishments engaged in the provision of temporary or travel accommodation on a less than monthly basis, including bed and breakfasts, hostels, hotel, motel and inns, single unit rentals, and temporary housing facilities.

H. Other business services that do not generate significant foot traffic, such as travel agencies, & small appliance repair.

I. Publicly Owned Parking Facilities.

J. Personal Services, including the following uses: Photographer, Hair and Nail Salons, Shoe Repair, Day Spa, and Full Service Salon (Tattoo, Piercing, Psychic, Tarot Card Reading, Palm Reading, and Massage Parlors are prohibited).

K. Instructional facilities, tutoring, learning centers and schools for music, art, cosmetology, dance, and martial arts.

L. Additional Uses Permitted: Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

2.1.3 Subarea 1 – Conditionally Permitted Uses
Findings for Conditional Uses along First Street must document the potential for the use to contribute to pedestrian activity and to provide interesting displays or views into the business. Conditional Uses must also be appropriate to the area and compatible with nearby uses.

The following uses are permitted on the ground level, upon granting of a Conditional Use Permit:

A. Bars and Nightclubs, including establishments providing entertainment or permitting dancing, and establishments serving alcoholic beverages (other than beer and wine) not clearly ancillary to food service.

B. Public Halls , Clubs, Lodges, Community Recreational Centers, and Meeting Facilities.

C. Additional Uses Permitted with a Conditional Use Permit: Other similar and compatible uses deemed by the Planning Commission to meet the purpose and intent of the Downtown Specific Plan.

The f
ollowing uses are permitted on upper stories, upon granting of a Conditional Use Permit:
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D. Stand-alone Retail Sales and Service Uses (as defined in 2.1.A above), that are not associated with and connected to a ground floor use.

E. Bars and Nightclubs, including establishments providing entertainment or permitting dancing, and establishments serving alcoholic beverages not clearly ancillary to food service.

F. Public Halls, Clubs, Lodges, Community Recreational Centers, and Meeting Facilities.

G. Additional Uses Permitted with a Conditional Use Permit: Other and similar compatible uses deemed by the Planning Commission to meet purpose and intent of the Downtown Specific Plan.

2.2 Subarea 2

2.2.1 Permitted Ground Floor and Upper Floor Uses
The following uses are permitted on all floors:

A. Multi-Family and Attached Single Family Residential.

B. Live-Work – residential living spaces may include an integrated work space, provided the work space has a ground-floor storefront expression and upper-floor workspaces are internally connected to and operated in conjunction with the ground-floor, principally used by one or more of the residents. Work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, and sculpture, and other activities compatible with residential use. Activities that require hazardous assembly, including fabrication, manufacturing, repair or processing operations such as welding and woodworking (with more than three fixed pieces of equipment) shall not be permitted. The maximum number of employees not including the owner/occupant is limited to two. Permitted work activities shall be classified as a business and shall be subject to all applicable City, County, and State Regulations.

C. Business, Professional, and Government Offices, provided that ground floor offices have a storefront expression; i.e. with large street-fronting windows permitting visibility into the establishment.

D. Medical and Dental Offices, provided that ground floor offices have a storefront expression; i.e. with large street-fronting windows permitting visibility into the establishment.

E. Health and Exercise Clubs.

F. Lodging or other establishments engaged in the provision of temporary or travel accommodation on a less than monthly basis, including bed and breakfasts, hostels, hotel, motel and inns, single unit rentals, and temporary housing facilities.

G. Other business
services that do not generate significant foot traffic, such as travel agencies, & small appliance repair.

H. Publicly Owned Parking Facilities.

I. Public Utilities, Performing Arts, Civic and Cultural Facilities. 396

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J. Groceries, Specialty Market, Market Halls (separate retail food uses (e.g. meat, fish, bakery, deli, produce, etc.) that combine to create a market) and Drug Stores are permitted on the ground-floor, and are permitted on upper- floors if internally connected to and operated in conjunction with the ground-floor use.

K. Neighborhood Serving Uses – small shops that serve the convenience needs of nearby residential, limited to full service deli, dry cleaner, laundromat, tailoring, watch repair and postal annex are permitted on the ground- floor only (Liquor stores, Cigarette stores, and similar uses are prohibited).

L. Personal Services, including the following uses: Photographer, Hair and Nail Salons, Shoe Repair, Day Spa and Full Service Salon (Tattoo, Piercing, Psychic, Tarot Card Reading, Palm Reading, and Massage Parlors are prohibited).

M. Instructional facilities, tutoring, learning centers and schools for music, art, cosmetology, dance, and martial arts.

N. Additional Uses Permitted: Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

2.2.2 Subarea 2 – Conditionally Permitted Ground Floor and Upper Floor Uses Findings for Conditional Uses must document the potential for the use to contribute to pedestrian activity and to provide interesting displays or views into the business. Conditional Uses must also be appropriate to the area and compatible with nearby uses.

The following uses are permitted upon granting of a Conditional Use Permit:

A. Public and quasi-public buildings, including uses of an educational, religious, or public service nature (i.e. schools, adult training facilities, churches, public and non-profit organizations).

B. Day and Child Care Centers, Day Care Homes, and Residential Care Homes.

C. Additional Uses Permitted with a Conditional Use Permit: Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

2.2.3 Subarea 2 – Special Condition Sub-district (North I Street) (Area encompassing five vacant parcels at the northwest end of North I Street and including the existing parking structure to the east.)
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Following uses are permitted on the ground and upper floor levels:

A. Publicly accessible parking facilities including structured parking.

B. Public and quasi-public buildings including uses of a public service nature such as transportation related facilities including bus and train stations.

C. Open space, pedestrian paths, multi-use trails, plazas, and public recreation facilities.

D. Accessory uses and structures.

E. Additional uses permitted. Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

2.3 Subarea 3

2.3.1 Permitted Ground Floor Uses
A. Retail Sales and Services including the following:

2. Specialty Goods Retail, including the following and similar specialty goods uses: Cooking supplies/culinary; General house wares; Decorator/arts and design centers (including tile, floor and wall coverings); Specialty Hardware; Antique stores selling high-quality used goods (this category excludes thrift and second-hand stores); Party supplies; Lamps/lighting; Household accessories; Books/magazines/stationery; Music/instruments.

3. Quality Goods Retail, including the following, and similar uses: Small crafts; Specialty furniture; Clothing (including consignment stores that sell both gently used and new clothing and accessories)/shoe stores; Stereo/video or computers; Cameras/photography; Sporting goods; Bicycle Shops; Outdoor/sports clothing and supplies; Toys/games; Cards/gifts; Jewelry; Watches/clocks; Beauty/cosmetics; Plants/flowers. Thrift stores, donation centers, and other similar uses are not permitted.

5. Permitted and fully-conforming retail uses that occupy a ground-floor retail storefront may have outdoor 398

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displays within the public right-of-way (sidewalk area only) and upon outdoor private property between a storefront and the public right-of-way consistent with the Master Design Program and Outdoor Display Permit application procedures specific to outdoor merchant display uses contained within Chapters 6 and 10 of the Downtown Specific Plan.

B. Eating and Drinking Establishments including the following uses:

1. Restaurants, including those serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service.

2. Drive-up or drive-in restaurants are not permitted.

3. Outdoor dining uses may be permitted within the public right-of-way (sidewalk area only) consistent with the Master Design Program and Outdoor Dining Permit application procedures specific to outdoor dining uses contained within Chapter 6 and 10 of the Downtown Specific Plan.

C. Publicly Owned Parking Facilities.

D. Cultural Facilities including performing arts theaters, museums and art galleries.

E. Multi-Family and Attached Single Family Residential.

F. Live-Work – residential living spaces may include an integrated work space, provided the work space has a ground-floor storefront expression, principally used by one or more of the residents. Work activity is limited to business (primarily office), the making of arts and crafts, including painting, graphic production, photography, print, ceramics, and sculpture, and other activities compatible with residential use. Activities that require hazardous assembly, including fabrication, manufacturing, repair or processing operations such as welding and woodworking (with more than three fixed pieces of equipment) shall not be permitted. The maximum number of employees not including the owner/occupant is limited to two. Permitted work activities shall be classified as a business and shall be subject to all applicable City, County, and State Regulations.

G. Business, Professional, and Government Offices, provided that ground floor offices have a storefront expression; i.e. with large street-fronting windows permitting visibility into the establishment.

H. Medical and Dental Offices, provided that ground floor offices have a storefront expression; i.e. with large street-fronting windows permitting visibility into the establishment.

I. Health and Exercise Clubs.

J. Lodging or oth
er establishments engaged in the provision of temporary or travel accommodation on a less than monthly basis, including bed and breakfasts, hostels, hotel, motel and inns, single unit rentals, and temporary housing facilities.

K. State licensed Banks and Financial Institutions are permitted on Second Street only.

L. Other business services that do not generate significant foot traffic, such as travel agencies, & small appliance repair.
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M. Neighborhood Serving Uses – small shops that serve the convenience needs of nearby residential, limited to full service deli, dry cleaner, laundromat, tailoring, watch repair and postal annex (Liquor stores, Cigarette stores, and similar uses are prohibited).

N. Personal Services, including the following uses: Photographer, Hair and Nail Salons, Shoe Repair, Day Spa, and Full Service Salon (Tattoo, Piercing, Psychic, Tarot Card Reading, Palm Reading, and Massage Parlors are prohibited).

O. Instructional facilities, tutoring, learning centers and schools for music, art, cosmetology, dance, and martial arts.

P. Accessory Uses and Structures: Including signage, parking facilities, trash and utility enclosures, and enclosed storage.

Q. Additional Uses Permitted: Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

2.3.2 Subarea 3 - Permitted Upper Floor Uses
A. Multi-Family and Attached Single Family Residential.

Permitted work activities shall be classified as a business and shall be subject to all applicable City, County, and State Regulations.

C. Retail Sales and Service uses (as defined in Section 2.6.A above) are permitted on upper-floors if internally connected to and operated in conjunction with the ground-floor use.

D. Eating and Drinking Establishments, including those serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service.

E. Business, Professional, and Government Offices.

F. Medical and Dental Offices.

G. Health and
Exercise Clubs.

H. Lodging or other establishments engaged in the provision of temporary or travel accommodation on a less than monthly basis, including bed and breakfasts, hostels, hotel, motel and inns, single unit rentals, 400

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and temporary housing facilities.

I. Other business services that do not generate significant foot traffic, such as travel agencies, & small appliance repair.

J. Publicly Owned Parking Facilities.

K. Personal Services, including the following uses: Photographer, Hair and Nail Salons, Shoe Repair, Day Spa, and Full Service Salon (Tattoo, Piercing, Psychic, Tarot Card Reading, Palm Reading, and Massage Parlors are prohibited).

L. Instructional facilities, tutoring, learning centers and schools for music, art, cosmetology, dance, and martial arts.

M. Additional Uses Permitted: Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

2.3.3 Subarea 3 – Conditionally Permitted Uses
Findings for Conditional Uses must document the potential for the use to contribute to pedestrian activity and to provide interesting displays or views into the business. Conditional Uses must also be appropriate to the area and compatible with nearby uses.

The following uses are permitted on the ground level, upon granting of a Conditional Use Permit:

A. Bars and Nightclubs, including establishments providing entertainment or permitting dancing, and establishments serving alcoholic beverages not clearly ancillary to food service.

B. Public Halls, Clubs, Lodges, Community Recreational Centers, and Meeting Facilities.

C. Public and quasi-public buildings, including uses of an educational, religious, or public service nature (i.e. schools, adult training facilities, churches, public and non-profit organizations).

D. Day and Child Care Centers, Day Care Homes, and Residential Care Homes.

E. Additional Uses Permitted with a Conditional Use Permit: Other similar and compatible uses deemed by the Planning Commission to meet the purpose and intent of the Downtown Specific Plan.

The following uses are permitted on upper stories, upon granting of a Conditional Use Permit:

A. Bars and Nightclubs, including establishments providing entertainment or permitting dancing, and establishments serving alcoholic beverages not clearly ancillary to food service.

B. Stand-alone Retail Sales and Service Uses (as defined in 2.6.A above), that are not associated with and connected to a ground floor use.
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C. Public Halls, Clubs, Lodges, Community Recreational Centers, and Meeting Facilities.

D. Day and Child Care Centers, Day Care Homes, and Residential Care Homes.

E. Additional Uses Permitted With a Conditional Use Permit: Other similar and compatible uses deemed by the Planning Commission to meet the purpose and intent of the Downtown Specific Plan.

2.3.4 Subarea 3 – Special Condition Sub-district – A (Southeast corner of Railroad and South Livermore Avenue and generally bounded by the Bankhead Theater and plaza to the east and commercial development along First Street to the south):

The following uses are permitted on ground and upper levels:

A. Public owned parking facilities.

B. Cultural facilities including performing arts theaters C. Open space, pedestrian paths, plazas, and public recreation facilities.

D. Boutique hotel, which may include accessory uses such as a spa, restaurant, bar, meeting facilities, and limited retail and personal service uses to serve the needs of guests.

E. Conference and meeting facilities
F. Accessory uses and structures
G. Additional uses permitted. Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

The following uses are permitted on ground and upper levels, upon granting of a Conditional Use Permit:

A. Public halls and community recreation centers.

B. Additional uses permitted. Other similar and compatible uses deemed by the Planning Commission to meet the purpose and intent of the Downtown Specific Plan.

2.3.5 Subarea 3 – Special Condition Sub-district – B (South side of Railroad Avenue including Performing Arts Theatre and Plaza)
The following uses are permitted on ground and upper levels:

A. Cultural facilities including performing arts theaters.

B. Open space, pedestrian paths, plazas, and public recreation facilities.

C. Accessory uses and structures.

C. D. Outdoor dining uses may be permitted within the public right-of-way (plazas) consistent with the Master Design Program and Outdoor Dining Permit application procedures specific to outdoor dining uses 402

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contained within Chapter 6 and 10 of the Downtown Specific Plan D. E. Additional uses permitted. Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

The following uses are permitted on ground and upper levels, upon granting of a Conditional Use Permit:

A. Public halls and community recreation centers;
B. Conference and meeting facilities.

C. Additional uses permitted. Other similar and compatible uses deemed by the Planning Commission to meet the purpose and intent of the Downtown Specific Plan.

2.3 Subarea 4

2.3.1 Subarea 4 – Special Condition Sub-district – A (Commercial and Cultural Sub- District) Permitted Uses. The following uses are permitted:

A. Retail Sales and Services including the following:

2. Specialty Goods Retail, including the following and similar specialty goods uses: Cooking supplies/culinary; General house wares; Decorator/arts and design centers (including tile, floor and wall coverings); Specialty Hardware; Antique stores selling high-quality used goods (this category excludes thrift and second-hand stores); Party supplies; Lamps/lighting; Household accessories; Books/magazines/stationery; Music/instruments.

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Bicycle Shops; Outdoor/sports clothing and supplies; Toys/games; Cards/gifts; Jewelry; Watches/clocks; Beauty/cosmetics; Plants/flowers. Thrift stores, donation centers, and other similar uses are not permitted.

4. Permitted and fully-conforming retail uses that occupy a ground-floor retail storefront may have outdoor displays within the public right-of-way (sidewalk area only) and upon outdoor private property between a storefront and the public right-of-way consistent with the Master Design Program and Outdoor Display Permit application procedures specific to outdoor merchant display uses contained within Chapters 6 and 10 of the Downtown Specific Plan.

B. Eating and Drinking Establishments including the following uses:

1. Restaurants, including those serving alcoholic beverages or providing entertainment, provided this activity is clearly ancillary to food service.

2. Drive-up or drive-in restaurants are not permitted.

C. Accessory Uses and Structures: Including signage, parking facilities, trash and utility enclosures, and enclosed storage.

D. Additional Uses Permitted: Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan Conditional Uses. The following uses are permitted, upon granting of a Conditional Use Permit:

A. Bars and Nightclubs, including establishments providing entertainment or permitting dancing, and establishments serving alcoholic beverages not clearly ancillary to food service.

B. Other similar and compatible uses deemed by the Planning Commission to meet the purpose and intent of the Downtown Specific Plan.

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The following uses are permitted:

A. Public Park, open space, pedestrian paths, plazas, and public recreation facilities.

B. Accessory uses and structures that support the operation of the park and adjoining commercial and cultural uses.

C. Additional uses permitted. Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

2.3.3 Subarea 4 – Special Condition Sub-district – C (Science and Society Center, Black Box Theater) The f
ollowing uses are permitted:

A. Cultural facilities including museums, art galleries, and theaters with a maximum interior seating capacity of 200 seats.

B. Open space, pedestrian paths, plazas, and public recreation facilities.

C. Accessory uses and structures.

D. Additional uses permitted. Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan

2.3.4 Subarea 4 – Special Condition Sub-district – D (Multi-Family Residential) The f
ollowing uses are permitted:

A. Multi-family residential limited to housing affordable to a variety of household income levels not to exceed 120 percent of area median income (AMI) for Alameda County (Oakland-Fremont Metro Region). AMI shall be as determined by California Department of Housing and Community Development (HCD) for Alameda County using income limits published by the U.S. Department of Housing and Urban Development for the Section 8 Program for Alameda Court (Oakland-Fremont Metro Region).

B. Accessory uses and structures
C. Public Park, open space, pedestrian paths, plazas, and public recreation facilities.

D. Additional uses per mitted. Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.
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2.3.5 Subarea 4 – Special Condition Sub-district – E (Public Parking Garage and Public Surface Parking) The f
ollowing uses are permitted:

A. Publicly Owned Parking Facilities
B. Publicly accessible parking facilities including structured parking.

C. Accessory uses and structures, including waste collection facilities.

D. Additional uses permitted. Other similar and compatible uses deemed by the Community Development Director to meet the purpose and intent of the Downtown Specific Plan.

3. Development Intensity
In order to ensure that Downtown is the most urban, densely developed part of the City, development shall be allowed to the highest intensities.

3.1 Residential Density.

A. Minimum density of 30 dwelling units per acre and a maximum density of 55 units per acre. Density shall be calculated on a project-wide basis.

B. Mixed-use developments shall have no minimum density required for residential uses located above the first floor where non-residential uses are located on the ground floor.

C. Where unique site constraints prevent this density, and in locations where the Planning Commission finds that providing residential at a higher density would be incompatible with the scale and character of existing historic buildings or residential uses, residential development may occur at a minimum density of 15 dwelling units per acre, subject to the granting of a Conditional Use Permit.

4. Height
Height requirements are intended to ensure that the heights of new buildings are compatible with the character of the Plan Area.

4.1 H
eight, as measured from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge of gable, hip, or gambrel roofs.

A. Bui
ldings in Subarea 4 – Special Condition Sub-district – A, may range in height from one (1) to two (2) 406

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floors to a maximum height of forty-five (45) feet; and at adjoining property lines, may not be more than twice the height of the closest building on the adjoining property. However, portions of the building façade may exceed twice the height of adjoining buildings if they are set back from the adjoining property line a minimum of twenty (20) feet.

B. Outside Subarea 4 – Special Condition Sub-district – A, and subject to the exceptions established in section 4.1.D, buildings must maintain a minimum height of two (2) floors and twenty (20) feet. Buildings may not exceed a total maximum height of three (3) floors and forty-five (45) feet; and at adjoining property lines, may not be more than twice the height of the closest building on the adjoining property.

However, portions of the building façade may exceed twice the height of adjoining buildings if they are set back from the adjoining property line a minimum of twenty (20) feet. The applicant may reduce or eliminate this additional setback requirement through a Major Conditional Use Permit.

C. Accessory buildings, including non-dwelling units such as freestanding garages for individual residential units, service structures and tool sheds, may be a maximum of fifteen (15) feet.

D. Exceptions:

1. Podium or partially submerged parking levels may project beyond the sidewalk or average finished grade for an average of four (4) feet. On lots that slope, the tallest part of the podium level may not exceed five (5) feet. Podium and partially submerged parking levels shall not count as a floor.

2. Special Architectural Features, such as uninhabited towers (clock, bell, observation) or entry volumes may exceed the maximum height by no more than ten (10) feet, where proportionate and consistent with building design, if approved by the City. Towers or other volumes should not extend for more than twenty (20) feet in any horizontal direction.

3. Rooftop Structures, such as elevator and mechanical equipment enclosures or roof deck trellises and gazebos, may exceed the height limit by ten (10) feet, provided they are set back a minimum of ten (10) feet from building walls and are screened on all sides by a parapet or sloping roof that is architecturally integrated with the building design.

4. Projects proposing height exceptions taller than three (3) floors/forty -five (45) feet are subject to Planning Commission and City Council review in addition to the normally required review process as established in Chapter 10 “Implementation”, under Design and Site Plan Review.

5. The following projects/sites may exceed the maximum height established in 4.1.B above up to the maximum heights indicated subject to Planning Commission and City Council review in addition to the normally required review process as established in Chapter 10 “Implementation”, under Design and Site Plan Review:
a) Local Performing Arts Theater proposed generally south of Railroad Avenue and east of South Livermore Avenue in the Livermore Valley Center (LVC) – may have a maximum height up to seventy- five (75) feet.
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b) Two proposed LVC Retail/Office/Restaurant Developments (Retail East and Retail West) proposed along the north side of First Street east of South Livermore and west of Railroad Avenue/Maple Street may have a maximum height up to three (3) floors/fifty (50) feet. c) The boutique hotel, located in Subarea 3, Sub-district A, may have a maximum height up to four (4) floors/fifty-five (55) feet. In addition, special Architectural Features, such as uninhabited towers (clock, bell, observation), architecturally integrated mechanical equipment screens, or entry volumes may exceed the maximum height by no more than ten (10) feet if approved by the City. Towers or other volumes that exceed the building height limit shall not extend for more than fifty-five (55) feet in any horizontal direction. d) SBC Building on the northwest corner of McLeod and Second Streets (2388 Second Street) – may have a maximum height up to seventy-five (75) feet. e) Residential development on the Downtown Specific Plan Catalyst Project Site (former Lucky’s site) located south of Railroad Avenue between L Street and South Livermore Avenue – may have a maximum height up to four (4) floors/fifty- five (55) feet, provided the fourth floor does not extend for more than 60% of the site frontage along L Street, Railroad Avenue and South Livermore Avenue.
f) The public parking structure in Subarea 4 – Special Condition Sub-district – E may have a height of five (5) parking levels, including ground and roof levels, with a maximum height of forty-five (45) feet. Towers and architectural features may have a maximum height of sixty-five (65) feet.
g) The maximum height standard shall not apply to rooftop finials on the parking structure. f) LVC Cinema Complex proposed for the northwest corner of First Street and Railroad Avenue/Maple Street – architectural features of the proposed project may have a maximum height up to fifty (50) feet.
h) Groth catalyst site located at the northwest corner of First Street and South L Street – may have a maximum height up to four (4) floors/fifty-five (55) feet, provided the fourth floor does not extend for more than 60 percent of the site frontage along L Street, M Street and Railroad Avenue, and adjacent to First Street the maximum height shall be limited to three
(3) floors/forty-five (45) feet. In addition, special Architectural Features, such as uninhabited towers (clock, bell, and observation) or entry volumes may exceed the maximum height by no more than ten (10) feet if approved by the City. Towers or other volumes shall not extend for more than twenty (20) feet in any horizontal direction.

5. Setbacks
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In order to bring storefront activity and window displays up to the public right-of-way, the majority of all building frontages (except residential) are required to be built to the property line.

5.1 Str
eet Frontage Setbacks (excluding alleys)
A. For all uses except residential, a minimum of seventy (70) percent of the building frontage must be built to the property line. A maximum of thirty (30) percent of the building frontage may be recessed to provide for entryways, street-facing courtyards, and similar features.

B. For residential uses, there is no minimum setback (i.e. uses may be built to the property line); maximum setback is twenty (20) feet.

C. At corner parcels, setback/built-to requirements apply to both street frontages.

D. Special Condition: Building Overhangs - Trellises, canopies and awnings may extend horizontally into the public right-of-way, up to six (6) feet. These overhangs must provide a minimum of eight feet (8’) clear height above sidewalk grade.

E. Exemptions:

1. Performing Arts and Civic and Cultural facilities are exempt from the street frontage setback requirements.

2. Buildings with frontage on Veterans Way are exempt from the street frontage setback requirements.

5.2 Side Setbacks
A. For all uses, minimum side setback is zero, and maximum setback is ten (10) feet (except for driveways and pedestrian pathways).

B. Exemptions: Performing Arts, and Civic and Cultural Facilities are exempt from the side setback requirements.

5.3 Rear setback
A. There are no rear s etback requirements in the Downtown Core District

5.4 Setbacks for Parking Lots and Structures
A. At grade parking lots shall be set back a minimum of five (5) feet from all property lines, and landscaped as described in Landscaping & Screening, below.

B. Freestanding parking structures may be built to the property line.

5.5 Setbacks from Railroad Tracks
A. For habitable buildings located within 100-feet from the centerline of railroad tracks, developments shall provide a study demonstrating that ground borne vibration issues associated with rail operations have 409

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been adequately addressed (i.e. by building siting or by construction technique).

6. Site Development
All new development must relate to the existing City structure of streets and blocks. New streets shall conform to the direction and orientation of existing streets.

6.1 Block Pattern
A. New streets shall conform to a pattern of generally rectilinear blocks, with new streets and access drives linking orthogonally to surrounding City streets.

B. For sites having more than 200 feet of street frontage, all new development shall match the typical block increment of three hundred (300) feet in length by two hundred (200) feet in depth, and shall not exceed a block size of four hundred (400) feet in length by three hundred (300) feet in depth, where feasible. Where achievement of this block size is not feasible, blocks should be subdivided with alley streets or pedestrian pathways.

6.2 Driveway Access
A. Driveway access must be from alleys, rear parking areas and streets other than First Street. Curb cuts are not allowed on First Street between M Street and Maple Avenue.

B. The maximum number of curb cuts associated with a single building is one (1) two-way curb cut or two (2) one-way curb cuts. Otherwise, the maximum number of curb cuts is one (1) two-way curb cut or two (2) one-way curb cuts per one hundred fifty (150) feet of street frontage.

C. The minimum width of driveways/ curb cuts is ten (10) feet; the maximum width of driveways/curb cuts is twelve (12) feet for one-way and twenty-four (24) feet for two-way driveways.

D. Driveway setbacks must be a minimum of five (5) feet from adjoining private properties, and a minimum of three (3) feet from adjacent buildings.

E. Service acce ss must be from alleys and rear parking areas wherever possible. Where only curbside service is possible, such service must be located along streets other than First Street.

F. Adequate access for garbage, recycling, food waste collection vehicles, and emergency vehicles must be provided.

6.3 Open Space
Commercial and office developments are required to provide publicly accessible open space in the form of parks, greens, squares, plazas or widened sidewalks for public use. Residential uses are required to provide publicly accessible common outdoor space for the development, as well as private open space (e.g. balconies or patios accessible only to the dwelling/dwellings served) for all residential units. 410

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A. Commercial and Office Development: Developments of greater than 50,000 square feet shall provide a minimum of one hundred (100) square feet of usable publicly accessible open space for every 2,000 square feet of ground floor commercial space constructed, and a minimum of one hundred (100) square feet of usable open space for every 1,000 square feet of office space constructed. Open space may be constructed on-site, or off-site if located within the Downtown Core Plan Area, or through payment of an in- lieu fee.

1. Special Condition: Ground-floor retail establishments located on First Street shall be exempt from this open space requirement.

B. Residential and Mixed Use Developments: Outdoor space shall be provided at a minimum of one hundred fifty (150) square feet of publicly accessible open space and sixty (60) square feet of private open space per residential unit. Private open space shall be provided on-site. Publicly accessible open space shall be provided as described below:

1. Residential Project Site 0.5 Acre or Less: Shall provide required open space on-site, off-site, through payment of an in-lieu fee, or any combination of the above.

2. Residential Project Site Greater Than 0.5 Acre: Shall provide 10 percent of required public open space on-site for every 4,500 square feet of site area (or portion thereof) over 0.5 acre. Remaining required public open space shall be provided on-site, off site, through the payment of an in-lieu fee, or any combination of the above.

3. Mixed-Use Project Site 1 Acre or Less: Shall provide required public open space on-site, off-site, through the payment of an in-lieu fee, or any combination of the above.

4. Mixed-Use Project Site Greater Than 1 Acre: Shall provide 10 percent of required public open space on-site for every 4,500 square feet of site area (or portion thereof) over 1 acre. Remaining required public open space shall be provided on-site, off-site, through the payment of an in-lieu fee, or any combination of the above.

5. Projects at densities higher than 40 du/acre may construct required publicly accessible open space through the payment of an in-lieu fee or off-site, if located within 500 feet of the project.

C. For Mixed-Use Developments, commercial/office and residential open space requirements shall be calculated separately (based on the requirements of sections 6.3.A and 6.3.B above) and then added 411

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together to reach the total square footage of public open space required.

D. Iron Horse Trail: All new developments located on parcels backing onto the Southern Union Pacific right- of- way shall be required to provide a 20-foot dedication south of the existing right-of-way, to be reserved for the Iron Horse Multi-Use Trail. Developments shall be required to provide improvements to the trail. This dedication may count as park dedication credits (if approved by LARPD), or towards the provision of public open space, but not both.

E. For all open spaces, usable open space is defined as an area that is not encumbered with any substantial structure, and is not devoted to use as a street, parking area, sidewalk or waste disposal field. Open space provision shall not include required setback areas. (Please refer to the Design Standards and Guidelines for Site Improvements, Furnishings, Landscape and Lighting for design of open space).

1. Minimum dimension for usable publicly accessible open space in any single direction is twelve (12)feet.

2. For private open space within multi-family structures, open space may be provided through porches, balconies, decks, yard, terraces, and patios. Minimum dimension for private open space in any single direction is six (6) feet if provided as part of a porch or balcony; and eight (8) feet if provided as a deck, yard, terrace or patio.

3. Unless otherwise noted, any open space provided off-site shall be located within the same plan area as

4. the project site (Downtown Core, Downtown Boulevard Gateway, etc.) or within 500 feet of the project site.

5. Any open space provided off-site must be a minimum of 1,000 square feet in size.

6. For projects opting to pay an in-lieu fee to meet all or a portion of their open space requirements, the fees shall be subject to the provisions of the Downtown Specific Plan Open Space Program.

F. All public open spaces provided as part of the minimum requirement shall be publicly accessible during daylight hours, and shall be designed to connect with public rights-of-way and adjacent public open spaces in the vicinity.

G. For any public open space provided on- or of
f-site, the site plan layout shall provide appropriate paths, landscaping, and other amenities (i.e. benches, tables, fountains, shade structures, etc.) for the recreation and enjoyment of on-site users and the public.

H. For all developments, the developer shall prepare binding agreements (“CC&R’s”) addressing issues of common interest in terms of maintenance of public accessibility to open space, tree planter areas, planting strips, and walks.
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6.4 Landscaping & Screening
A. At Service and Parking Areas, where commercial development is sited adjacent to residential buildings, attractive screen fencing or walls must be provided along the property line(s). A five (5) foot planting area must be established adjacent to the screening fence or wall with trees at a maximum spacing of twenty (20) feet on center.

B. Utility, Trash, Recycling, Food Waste and Service Equipment, including satellite receiving dishes, must be located away from streets and enclosed or screened by landscaping, fencing or other architectural means.

C. Rooftop equipment must be screened on all sides and must be integrated architecturally in the building design. Trash facilities and recycling containers must always be within structural enclosures.

6.5 Utility Easement
A. All public utility easements must be provided under or immediately adjacent to new public rights-of-way or within other public easement areas acceptable to the City Engineer.

7. Noise

7.1 Exterior Noise Levels
A. For those permitted land uses in the Downtown generating noise, Exterior Noise Levels may not exceed a maximum exterior decibel rating of 75 dBA from 7:00a.m. to 12:00a.m.

B. For those permitted land uses in the Downtown generating noise, Exterior Noise Levels may not exceed a maximum exterior decibel rating of 65 dBA from 12:00a.m. to 7:00 a.m.

C. Exception: Emergency equipment and emergency generators used for public uses and public utilities may exceed this requirement during testing and emergency operation.

7.2 Interior Noise Levels
A. All Residential – All residential building spaces must be improved or constructed in such a manner that noise levels do not exceed a maximum decibel rating of 45 dBA with windows closed, assuming 85 dBA on the first floor and an exterior noise level of 75 dBA. If noise analysis assumes closed windows 100% of the time, a fresh air ventilation system must be utilized.
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8. Historic Structures

8.1 Conversions of Existing Historic Structures
To encourage appropriate rehabilitation of historical resources, the Livermore Development Code allows for deviations from certain development standards like setbacks and coverage. In accordance with Specific Plan policy, all historical resources within the Specific Plan area may utilize the Historic Preservation Incentives identified in Chapter 9.02 of the Livermore Development Code, or as amended.
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Master Design Program- Outdoor Dining
The intent of the flexible zone is to provide for curbside parking. Alternatively, the flexible zone, along with the adjacent sidewalk area, may be used for outdoor dining uses, subject to City approval. An individual application may be made for the use of a portion of the flexible zone and/or sidewalk area for outdoor dining use by an individual fronting ground floor restaurant use subject to the provisions of the Downtown Specific Plan . Approval of a n application for outdoor dining use shall be granted to the applicant only and shall not be transferable. Beyond the requirements for approval of an individual application, the number of parking spaces converted to outdoor dining use shall be limited to 25 percent of all parking spaces on First Street between M Street and Maple Street including J Street, K Street, and McLeod Street between First and Second Street. However, parking spaces on L Street and on Livermore Avenue shall not be converted to outdoor dining use due to the lack of diagonal parking and higher vehicular speeds. In addition, the City reserves the right to limit the number of parking spaces that may be converted to outdoor dining use based on the cumulative effect of the loss of parking spaces on a block by block basis.

Allocation of the Flexible Zone: Allocation of the flexible zone for outdoor dining use shall be based on frontage between the extended property lines of the building in which the associated fronting ground floor storefront restaurant use is an occupant. Where more than one-half of the total square footage of a parking space is located between the extended property lines, an application for allocation of that parking space may be made by the owner or tenant of such use. Where one-half or less of the total square footage of a parking space is located between the extended property lines, an application for allocation of that parking space may be made by the owner or tenant of such use, but shall require the written agreement of the affected underlying neighboring property owner, to the extent practicable, and neighboring tenant, at no compensation, and shall be conditionally allocated until such time the affected adjacent ground floor storefront restaurant use requests and is approved for allocation of the flexible zone fronting their use. In such circumstance, the extended property line will become the dividing mechanism between the two allocated uses, and 15 days notice shall be given to vacate any previous conditional allocation that is outside a uses property line extensions.

Allocation of the Sidewalk Area: Allocation of the sidewalk area for outdoor dining uses shall be based on frontage between extended property lines (on corner lots this applies to both frontages), and shall meet the following standards:

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Outdoor dining uses shall be limited to an area beginning at the building wall or sidewalk steps and extending into the sidewalk area, provided that a minimum fivesix- foot sidewalk corridor is maintained.

If the fronting ground floor storefront at the southeast corner of First Street and J Street is occupied by a restaurant, use of the paved area that surrounds the specimen tree at the southwest corner of the Plaza may be requested. Outdoor dining uses shall not be permitted directly adjacent to the semi-circular steps providing access from the sidewalk to the turf area of the Plaza.

Where directly adjacent (not separated by structures or landscape features) to a City park or plaza (other than the plaza located at the southwest corner of First Street and Livermore Avenue), outdoor dining uses may request the use of paved areas within the park or plaza that are part of or connected to a sidewalk or pedestrian pathway, provided that a minimum fivesix- foot sidewalk/pathway corridor is maintained.

General Standards:

Outdoor dining uses may request to use the sidewalk area, flexible zone, or both. Outdoor dining uses within the flexible zone shall use the entire area between the lowest face of the bottom riser of the two step curb and the back edge of the valley gutter. In the flexible zone, outdoor dining use operators may propose to use a parking space located completely outside of their extended property lines and in front of an adjacent business with the written agreement of the underlying property owner and adjacent business owner, at no compensation. In the sidewalk area, outdoor dining uses may propose to extend in front of an adjacent business outside of their extended property lines with the written agreement of the underlying property owner and adjacent business owner, at no compensation. In no case, shall such extension be permitted to block the display windows or signage of the adjacent business. In the flexible zone, only one additional parking space may be requested from oneeach side of an applicant's extended property
lines. The maximum number of parking spaces that may be converted to outdoor dining is two per restaurant use.

An outdoor dining use may be located directly adjacent to another outdoor dining use, where the extended property line will become the dividing mechanism between the two allocated uses.

All outdoor dining uses shall meet ADA requirements.

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All outdoor dining uses shall maintain ingress/egress and pedestrian circulation pursuant to Uniform Building Code and Uniform Fire Code; and shall comply with the following minimum requirements (the City reserves the right to require larger clearance, ingress/egress, and pedestrian corridors depending upon the circumstances pertaining to the use area):
• Maintain a minimum five foot wide access in a direct and straight path to the building entrance clear and unimpeded for ingress and egress.
• Maintain a minimum fivesix foot wide sidewalk corridor for general pedestrian circulation adjacent to the use. • Maintain a minimum 15-foot radius from street corner intersections, measured from the back of curb. • Within the sidewalk and flexible zone areas, the City may require a minimum fivesix-foot clearance adjacent to City street trees and furnishings, to allow for use of trash containers and benches by the general public, and to allow access for maintenance of planters, trellis structures, street lights and other street furnishings by City maintenance crews. City staff will review each applicant's site plan to determine if additional access or clearance is required.

Within the flexible zone, planters constructed of sturdy, durable, and attractive materials consistent with this Program shall be placed within the flexible zone adjacent to the valley gutter and along the sides of the use area to define the use area and protect users from vehicular traffic. Planters shall be provided, put in place, planted, maintained, and removed by the City.

Permanent changes to the flexible zone or sidewalk area shall not be permitted. Fencing and furnishings shall not be affixed to the sidewalk, flexible zone or any City street furnishing or improvement. No decking or stages are permitted. Any flexible zone, sidewalk, or City improvements, furnishings, and utilities damaged or destroyed by the outdoor dining use shall be replaced to City standards with the cost borne by the use operator.

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Furnishings and decorations shall not encroach beyond the permitted use area or overhang pedestrian or vehicular circulation paths.

Outdoor dining uses shall comply with all rules and regulations set forth in the Outdoor Dining Guidelines.

Outdoor dining uses within the sidewalk area shall be required to operate for a minimum of 4 hours per day, and outdoor dining use s within the flexible zone shall be required to operate for a minimum of 8 hours per day, 6 days a week as weather permits.

All outdoor dining area furnishings shall be maintained in a safe and clean condition. All sidewalk use furnishings shall be stored indoors nightly. Flexible zone use furnishings may be secured within the flexible zone use area, or stored indoors nightly. Furnishings shall not be stacked outside at any time.

All outdoor dining use areas shall be maintained in an attractive, clean (free from spills, stains, litter and other debris) and safe manner.

Signage shall be subject to the provisions of this Program.

Tablecloths are permitted to be cloth only. Vinyl tablecloths are not permitted. Tablecloths shall be brought indoors nightly and shall be clean when placed outside each day.

To minimize litter and debris, where table wait service is provided, or food is served to the customer on a tray to be taken and eaten on site in the outdoor dining area, plates, glasses, cups, and silverware made of permanent (non disposable) materials such as glass, ceramic, and metal, and cloth napkins shall be required. The use of . disposable food containers, utensils, and napkins is permitted only where food is served to the customer "to go" only. Table linens and tableware shall comply with the Outdoor Dining Guidelines.

Trash receptacles, consistent with this Program, shall be required for all outdoor dining use areas where food is served "to go" with disposable containers, utensils and napkins. The applicant shall be responsible for maintaining the use area and trash receptacles in a clean and tidy manner, including emptying the receptacle daily, or more

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frequently if needed in high use areas, into the primary restaurant trash receptacle serving the business for proper disposal.

If an outdoor dining use offers alcoholic beverage service, such use operator shall be duly licensed by the State Department of Alcoholic Beverage Control and shall conform to the requirements of such license.

Outdoor dining uses shall comply with all applicable laws and regulations regarding the sale and service of food and beverages to the public.

Outdoor dining use area fencing and furnishings shall be removed immediately upon the permanent closure of the associated business.

Furnishing Standards:

All outdoor dining furnishings shall be of commercial grade and designed for outdoor use. All furnishings shall be properly maintained and cleaned regularly. All furnishings shall meet the following standards:

Tables and Chairs for Outdoor Dining
Tables and chairs shall be of the same or a similar and compatible design. Plastic or resin tables and chairs are prohibited.

Materials- Permitted:

Table and Chair Framework: Wrought iron, fabricated steel, cast aluminum, cane or teak.

Chair Seat: Wrought iron, fabricated steel, cast aluminum, cane, teak or rattan.

Table Top: Solid tops of slate, marble, granite, faux stone, wrought iron, embossed aluminum, teak,

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tempered glass, and mesh tops of wrought iron and aluminum are permitted. Plastic, resin, and plain metal table tops are not permitted.

Sizes- Permitted:

Table Dimensions: Smaller tables allow for greater layout flexibility and maximize the number of tables that can be placed in the use area. Maximum permitted table sizes are:

Square: 28"
Rectangular: 36" x 24"
Round: 30"
Table Height: Standard cafe' height (up to 30") tables are permitted. Bar height tables (over 30") are not permitted.

All tables and chairs within a use area shall be of the same or compatible color. Bright, reflective, and fluorescent colors are prohibited.

Umbrellas and Umbrella Stands
Table center and freestanding umbrellas are permitted.

Materials - Permitted:

Umbrellas: Canvas only. Vinyl or plastic umbrellas are prohibited.

Stands: Cast aluminum, wrought iron, fabricated steel, or wood.

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All umbrella panels shall be of the same solid color. A complementary solid color may be used for trim (such as piping). Patterns (floral, stripes, etc.) and fluorescent colors are prohibited.

Lighting
Under umbrella lighting (directional or tube) and table top lighting (candles or other low level light sources) are permitted.

Lighting shall create a soft glow directed at the tabletop or cart surface. Lighting shall not create glare or fall outside of the use area. To provide for a warm glow, lighting sources shall be of warm white light (2700 to 3200 degrees Kelvin). Cool white lighting can create a harsh glare and is prohibited. Bare bulb neon, backlit signage, colored lights, blinking or "chasing" lights are prohibited. Lighting not approved by the City shall be removed immediately.

Portable Heaters
Standing portable propane heaters are permitted, subject to review and approval by the Fire Department.

Electric or fuel heaters other than propane are prohibited.

Trash Receptacles
Trash receptacles shall be of an appropriate size in relation to the use area and of materials and design compatible with other use furnishings.

Planters
Planters are required as a buffer between outdoor dining uses within the flexible zone area. Planters are to be provided and placed by the City of Livermore, however must be shown on the submitted site plan based on the following dimensions:

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Rectangular planters are 24" wide x 36" long.

Round planters are 24" in diameter (to be used at corners and in-between rectangular planters).

Where adjacent to a parking space divider that does not contain a tree or trellis, planter placement shall observe a 1 foot setback from the dividing line between parking spaces. Planters adjacent to a parking space divider that contains a tree or trellis may be placed in-line with such tree or trellis. Planters shall be spaced approximately 6" to 12" apart along the street frontage and sides of the use area.

City maintenance staff shall plant and maintain (including water) the planters provided by the City for outdoor dining uses within the flexible zone.

Fencing
Fencing shall be designed of wrought iron or cast aluminum and shall not exceed 36" in height. If alcoholic beverages are to be served, fencing shall meet the requirements of the use associated license issued by the State Department of Alcoholic Beverage Control.

Other Decorative Items
Padded fabric chair pads are permitted, shall be brought indoors nightly, and shall be clean when placed outside each day.

Tabletop flower arrangements, centerpieces, and candles are permitted and shall be brought in nightly.

Streamers, balloons, banners, and other decorative items not specifically permitted herein are prohibited.

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Signage Standards:

Permitted signage for outdoor dining uses shall not count toward the businesses'- aggregate signage under the provisions of Chapter 6 of the Downtown Specific Plan; however, shall be consistent with the design standards contained therein. All signage shall apply to the associated business only; no generic advertising, such as applying to and/or provided by, for example, beer, soft drink, ice cream or other third party vendor sponsors shall be permitted.

Signage for outdoor dining uses is limited to umbrella signs and menu boards as defined below.

Umbrella Signs: Each umbrella may display the name of the business twice on opposite panels, or may display the name of the business once and the business logo once, each on opposite panels. Lettering shall not exceed 6 inches in height and logos shall not exceed one square foot. Total signage on each umbrella shall not exceed 10 percent of the area of the umbrella.

Menu Boards: Menu boards are limited to no more than 2' by 2' in size. Paper menus shall be mounted behind clear plastic covers. Chalk boards are also permitted. Menu boards may be mounted to the building fac;:ade, or may be placed on a portable support with an overall height not to exceed 4 feet. The design of menu board supports or frames shall utilize decorative metal or other high quality materials that relate to the design of other furnishings within the use area.

Banner signs, electrical signs, illuminated signs, and other signage not specifically permitted herein are prohibited.

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Implementation

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10. Implementation
Havin
g defined the type of development desired in the Downtown and the fundamental urban structure that will condition the shape and form of that development, the community planning process subsequently "worked backwards" from this future vision of Downtown to define the steps necessary to best achieve this vision. This chapter lists the actions that should be taken to attain the Downtown vision, and prioritizes those actions in the sequence in which they should be implemented. It describes the public improvements associated with those actions to be made by the City, especially those that are integral to Downtown's envisioned revitalization.

Whenever possible, it coordinates both private and public sector actions so that efforts are complementary and occur simultaneously. It sets forth the Downtown areas that should be given priority, key steps needed to implement the Specific Plan, and how the Plan will be administered once it is adopted.

It sho
uld be noted that the following implementation sequence is structured to direct short term efforts, over the next three years. At the end of this short-term phase, the City should review and update the implementation sequence to follow, with subsequent actions given priority according to Downtown conditions at that time.

Prio
rities
The Im
plementation Plan provides strategic steps for the near term. In order to prioritize these steps, it is important to establish the key areas where efforts should begin, and where supporting efforts should follow. The Downtown Specific Plan classifies areas into several Strategic Action zones, as are noted below. However, it is important to note that the Specific Plan is a working document, a dynamic tool that should evolve with the Downtown as it revitalizes over the coming years. Therefore, priorities should be allowed to shift, and areas of importance may be refocused, as the Plan is implemented.

Revitalization Zone: The Revitalization Zone demarcates those areas which are the highest priority for Downtown revitalization. It consists of those areas fronting First Street in the Downtown Core. The sites within this zone take priority over other areas in the Downtown, concurrently with the implementation of Catalyst Projects in the Catalyst Zone, described below.
• Implement Capital Improvements immediately to stimulate investment and re-use. 424

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• Develop Incentive Programs to encourage infill and redevelopment in the Core. • Target recruitment and relocation efforts to bring new, vibrant establishments to the Downtown and retain existing thriving businesses.

Catalyst Zone: The Catalyst Zone contains sites which have been designated as locations for immediate investment. These areas are also short-term priorities, and in several instances overlap with the Revitalization Zone above. Redevelopment on these sites will be targeted to meet community objectives, stimulate Downtown targeted redevelopment, and demonstrate to investors the possibilities of Downtown. Specific projects are further defined in Catalyst Projects, below.
• Create public/private partnerships for immediate redevelopment ventures desired by the community, such as a downtown cinema.
• Identify candidate areas for facilities such as new housing, or artist residences and workshops.

Large-Scale Redevelopment Zone: The parcels identified as part of the Redevelopment Zone are intended to provide sites for large-scale redevelopment. Areas are currently underutilized or vacant, and offer potential to be obtained and assembled in the near term, for future redevelopment. • Make efforts to obtain developer interest in large-scale projects, particularly housing redevelopment. • Acquire and assemble parcels where possible, and further facilitate redevelopment through other assistance if city resources allow.

Medium-Scale Infill Zone: The parcels designated for this zone make up most of the commercial area fronting First Street west of Downtown. These sites provide additional area for any of the uses that support the revitalization of the Downtown Core, but do not compete with it, such as housing, office or support commercial development.
• Focus Capital Improvements at frontage to stimulate new investment. • Retain/enhance medium-scale commercial that complements downtown core Retail. 425

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Neighborhood Enhancement Zone: Treatment of development at these infill parcels will be key to maintaining and strengthening the character that already exists in the surrounding existing neighborhoods. • Promote sensitive infill, rehabilitation and re-use, with appropriate redevelopment such as housing, office, and lodging.
• Follow parameters set in design guidelines to ensure a compatible intermixing of residential, office, and/or lodging uses.
• Capital Improvements.

Capital Improvements -Catalyst Projects
Catal
yst Projects are those designed to stimulate near-term private investment by providing a high quality example of successful redevelopment within the Project Area. These Catalyst Projects are directed towards currently underutilized properties, and their redevelopment will act as "armatures of revitalization" that can expand outward and transform the surrounding district. As a result, these catalyst projects will act as vehicles for achieving the goals identified in the community workshop process by strategically focusing investment of public funds and creating immediate and highly visible change. These key projects will serve as an on-the-ground example of Downtown's possibilities, providing a dramatic visual demonstration of possible ways to achieve the goals set forth in the Plan.

In ord
er to make the most of the latent potential of Downtown properties, the first priority is placed on achieving significant transformation in the Downtown Core. Once the revitalization of the Core area is visibly underway, the perceived value and attraction of nearby properties will increase dramatically. To set the stage for the first wave of new investment in the Downtown, the City of Livermore should be an early investor in its own revitalization effort, by participating in key projects or opportunity sites that will make a difference in Downtown. Specifically, these projects include the development of one or several major housing projects in Downtown, in order to demonstrate the possibilities of housing downtown; and the development of a major retail and entertainment anchor, to showcase Downtown's retail potential. Actions to be taken by the City include:

1. Initiate the development of the Livermore Valley Center. As the center of the City, Downtown should provide cultural and entertainment destinations at both the local and regional level. The Livermore Valley Center- 426

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planned to include a parking structure, a performing arts facility, a local theater, a boutique-style hotel, restaurants and retail centered around a park plaza- can act as a grand centerpiece for Livermore's performing arts. The local Performing Arts Theater and adjacent plaza, combined with the Science and Society and Center and Black Box Theater on the former “Lucky’s” site, will serve as local cultural anchors and as attractions for the region at large, bringing more people into the Downtown and more dollars to its businesses.

2. Initiate a high quality mixed-use project on the former "Lucky's" site, in the heart of Downtown. This development should have several components: a retail component to activate the eastern edge of the site; a cultural component that includes a Science and Society Center and a Black Box Theater; a vibrant residential component that provides multifamily workforce housing with substantial public open space; a public green that anchors the development and services the broader community; and a parking structure to serve Downtown retail development. The scale and location of the site enable a mix of uses that are integrated with and connected to the First Street retail area. Residential densities should be appropriate to the site's location in the Core, the City's most intense area. Stockmen’s Park and the adjoining linear open space provide the framework around which private development will occur.

3. Assist in the creation of a vibrant entertainment facility to act as a catalyst for Downtown redevelopment.

Entertainment facilities such as a movie theater would bring more evening activity into the Downtown, and would meet the community's desire for entertainment facilities.

Prov
ision of Public Open Space
In ord
er to create an Open Space strategy that is based on the existing assets of Downtown, the Plan must begin by taking into consideration the character and location of the existing primary public places. The identity of the City of Livermore is strongly tied to its open landscape, its ranging hillsides, its vineyards and its agricultural fields.

Downtown should maintain a sense of this connection, even in its most urban areas. Lizzie Fountain and the historic Carnegie library and park are the most identifiable public places in Downtown. Other existing public places include the public streets_ primarily First Street and its seating areas that were created as a part of its redesign. The Specific Plan requires that these spaces be maintained and enhanced so as to better serve the public. It uses them as building blocks for public space network in the Downtown. The City will make several major contributions to this network, and take actions to create the following spaces:
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Stockmen’s Park. The redevelopment plan for the former “Luckys” site identifies a new public park that connects seamlessly to adjacent residential open space and provides a shaded pedestrian connection between South Livermore Avenue and South L Street. Stockmen’s Park will be approximately 1.5 acres in size and includes walkways, plazas, organizing green spaces, and a relatively flat, half an acre of open grassy area bordered with trees. Overall, the Downtown Core redevelopment plan will provide over 3.5 acres of public open space, including a large linear green space running from South Livermore Avenue to South L Street, creating a safe and comfortable place for events, passive respite, and strolling between downtown destinations.

The Int
ersection Plaza. Historically, the intersection of First Street and Livermore Avenue has been the center of the City. The alignment of the streets meeting at this intersection created an outdoor space at the front of the Masonic Building, which served as a major meeting place for many of the City's early public and civic gatherings. However, as development dispersed to the periphery of the City, the Civic Center moved from Downtown as well. As a result, the special civic connotations once carried by this space were lost.

A pri
mary feature of the Specific Plan is the restoration of this civic gathering place at First Street and Livermore Avenue. The new design for the restored intersection plaza will include two primary elements: an activity-generating kiosk, and a major water feature or civic fountain. The activity-generating element will house a commercial activity such as a coffee stand or other vendor stall. It will be centrally and prominently located in order to encourage movement within the space. The fountain will provide a recreational focal point for the plaza, bringing both a visual and auditory amenity to the urban setting. The plaza will be subdivided into smaller spaces, utilizing a combination of landscape materials. It should alternate between paving and grass in order to create smaller "rooms" to be inhabited by users of the space. It will provide shade and places to sit and its design elements will be carefully chosen to maintain the character of Downtown Livermore while bringing a touch of the City's natural areas to the more urbanized center of Downtown.

First Street as a primary public open space. Through the addition of new public places, new street furnishings and improved materials, First Street will be transformed from its current condition as Downtown's throughway to its centerpiece and focal destination place. Improvements to First Street will establish it as a place for people _a public room where residents meet up with their neighbors, where friends congregate for a bite to eat, and where visitors window-shop on a sunny afternoon. Wide sidewalks, landscape amenities, and a pedestrian scale will shift the 428

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character of the right-of-way, creating walkable spine for the pedestrian-oriented Downtown Core development.

Open Spaces- Places for the Community. Open spaces for gathering and for recreation should be increased and improved throughout the Downtown. The Downtown Core will feature a number of small public spaces distributed along the length of First Street. These will support commercial activities with space in the "flexible zone" for outdoor cafes and outdoor vendors and create pocket plazas to provide casual meeting places. These open spaces will offer both visitors and residents the opportunity to gather and linger throughout Downtown.

Pedestrian R ealm. The pedestrian realm throughout the study area will be enhanced through street improvements along existing streets, the creation of dedicated pedestrian zones along new ones, and a series of paths and greenways that provide connections between major public spaces in the Downtown. As stated in Chapter 7:

Circulation and Transportation, First Street will be recreated as a public thoroughfare with sidewalks ranging from twelve to seventeen feet in width, an expanded pedestrian realm within the "flexible zone", and new site furniture and additional pedestrian scale lighting installed along the public right-of-way, to create a broad public right-of-way that provides a generous pedestrian environment in Downtown's most public areas. Public sidewalks are required along all new streets, providing a minimum walkway width of five (5) feet. New blocks will be required to adhere to a maximum block size (see Development Standards for the appropriate Plan Area) ensuring a fine-grained pedestrian network throughout the Downtown. The overall framework of these pedestrian connections is shown on the Open Space and Access map, page 4-14, provided in Chapter 4: Land Use and Development Policy.

Bicycle Routes. Bicycle lanes will be provided throughout the Downtown where possible. As described in Chapter 7: Circulation and Transportation, striped lanes are recommended for Third, Chestnut, and P Streets, consistent with the 2001 Bikeways and Trails Master Plan (no bicycle lane would be provided along First Street). In addition, route signs to clearly mark to the overall bike network are recommended for First Street, L Street and Railroad Avenue. The Iron Horse Trail, a multi-use trail, will be constructed along the Southern Pacific Railroad right-of-way, from Murrieta Blvd. east to North Livermore Avenue to the ACE station along the southside of the tracks. Bike and pedestrian bridges will be constructed at the crossings of Murrieta Blvd., P Street and North Livermore Avenue, and potentially at the crossing at L Street. Eventually this trail will connect with an existing system that runs between Walnut Creek and Dublin.
·
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Implementation of the Specific Plan
This section shows the approximate sequence of the key implementing steps that should be followed by the City to effectively execute this Specific Plan. This list of steps is preceded by a summary of actions, divided into two parts:
those actions completed during the adoption of the Downtown Specific Plan, and those actions that remain will be implemented after Specific Plan adoption. Implementation Actions Completed as Part of the Specific Plan Adoption. • Certify the City of Livermore General Plan Amendment and Downtown Specific Plan Environmental Impact Report.
• Adopt findings, mitigation measures, and monitoring program as required by the California Environmental Quality Act.
• Adopt the General Plan Amendment to allow for the establishment of the Downtown Specific Plan and adopt the Downtown Specific Plan concurrently.
• Revise the City's Growth Management System to create a Downtown Growth Management Plan to accommodate Downtown Specific Plan development.

Implementation Actions to Be Completed After Specific Plan adoption:
• Adopt Zoning Code amendment to allow for the Downtown Specific Plan to be implemented in conformance with the General Plan Amendment.
• Set up specific financing plans based upon the general financing options in the Specific Plan for major capital • Improvements required to support development in the Downtown planning area. • Specific Plan Administration, which includes review and approval of projects in accordance with the intent and provision of the Downtown Specific Plan, as described in the section which follows.

EIR Ce
rtification
To meet the requirements of the California Environmental Quality Act (CEQA) , a Program Environmental Impact Report (EIR), as authorized by Section 15168 of the CEQA guidelines, was prepared to assess and address the environmental impacts of the General Plan and Downtown Livermore Specific Plan. 430

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The City certified the Final EIR for the General Plan and Specific Plan on February 9, 2004. The City's action to certify the Final EIR did not constitute approval of the Specific Plan. Rather, it indicates that the EIR has been completed in compliance with CEQA and that the EIR was presented to and reviewed by the City's decision-makers and the public prior to Specific Plan approval.

Mitigation Monitoring Program and CEQA Findings
Public Resources Code Section 21081.6 requires that a "reporting or monitoring program shall be designed to ensure compliance during project implementation." The adopted program shall apply to changes made to the project or conditions of project approval in order to mitigate or avoid significant effect on the environment. The monitoring program provides a brief summary of the required mitigation for impacts attributable to the project, identifies the party responsible for monitoring that the project complies with the mitigation measure, and identifies at what point in time or phase of the project the measure is to be completed. The City has prepared a mitigation monitoring program in conjunction with the preparation of the Final EIR.

The EI
R identified several environmental impacts that remained significant after mitigation or significant impacts for which feasible mitigation is not available. The City prepared Findings and a Statement of Overriding Conditions, as required by Sections 15091 and 15093 of the CEQA Guidelines. The Findings explain how the City has addressed each significant adverse environmental impact and the project alternatives presented in the Final EIR.

The Statement of Overriding Considerations identifies the specific reasons for approving a project for which all significant adverse environmental impacts have not been at least substantially mitigated.

General Plan Amendment and Specific Plan Approval
The Ge
neral Plan was amended concurrently with the adoption of the Downtown Specific Plan to ensure the Specific Plan was consistent with the City's General Plan. The General Plan text and land use map were amended to: (1) allow for the establishment and implementation of the Downtown Specific Plan; and (2) accommodate the types and densities of development envisioned in the Downtown Specific Plan land use designations. After consideration of the benefits associated with the proposed Specific Plan and its conformance with the long-term goals of the City, the City Council adopted the General Plan Amendment and the Downtown Specific Plan. 431

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Downtown Growth Management Plan
The Down
town Specific Plan includes its own unique growth management plan separate from the City's established growth management system used for the remainder of the City (the Growth Management Policies of the 2003 General Plan have been previously described in Chapter 4: Land Use and Development Policy). The Downtown Growth Management Plan allows the flexibility for the Downtown to grow commensurate with market conditions while adhering to the goals and objectives of the Specific Plan and within the framework and the City's overall.

Zoning C
ode Amendment
To achieve the Downtown Specific Plan objectives, a Zoning Code amendment will be adopted to allow Specific Plan standards and provisions to be the governing zoning for area. In other words, projects will be consistent with the Zoning Code if they are consistent with the Specific Plan. This zoning will also ensure adequate City review, as required in the Specific Plan, and provide necessary flexibility to achieve Specific Plan objectives.

Financing Plans
Set u
p specific financing plans based upon the general financing options in the Specific Plan for major capital improvements required to support development in the Downtown planning area. Major project responsibilities and possible methods of funding are described in Chapter 11: Financing Strategy (TBD). Detailed financial plans shall be prepared and be made a part of any project approval. The Financing Plans shall identify the necessary capital improvements including public facilities, streets and utilities and assure their timely financing through, for example, assessment districts, impact fees, private financing, bonds, etc. Implementation of the Financing Plans can be assured by inclusion of provisions in development approval that require adherence to the plan.

How to Obt
ain Project Approval
The Liv
ermore Downtown Specific Plan will be used to fully evaluate future development projects or improvement plans within the Specific Plan area. Given the extended timeframe for development and the probability that multiple 432

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developers will be involved in the development of the Downtown, the following responsibilities, mechanisms and procedures will be necessary to administer the Specific Plan. Implementation of the Downtown Specific Plan will be a joint effort of the City of Livermore and any applicant who is proposing to develop in or make improvements in the Specific Plan area.

Development Review Process
The int
ent of this section is to summarize the typical procedural steps needed to review and approve projects in the Specific Plan area to ensure land uses consistent with the Plan objectives and high-quality design that creates a distinctive and cohesive image for Downtown Livermore consistent with the community's goals.

With
in the Downtown Specific Plan Project Ar ea, the City shall review proposed development projects for compliance with the Specific Plan, CEQA requirements and shall approve projects only after one or more of the following findings are made:
• The project is in conformance with the Specific Plan's standards and guidelines; or • Project-specific mitigation measures or conditions of approval have been incorporated into the project. (Note:
the above paragraph/policy needs to be included per LSA as mitigation for EIR impacts).

As out
lined below, the Specific Plan allows for administrative Zoning Clearance, Outdoor Dining Permit, Outdoor Display Permit, Zoning Use Permit and Design Review processes for projects that meet the Specific Plan's purpose and intent and development provisions. In other words, the Specific Plan allows staff to make a final consistency determination on many development or improvement projects in order to streamline and simplify the approval process. This approach is designed to encourage the permitted and conditionally permitted uses to stay in or move into Downtown, as well as high-quality and innovative design that will enhance the residential neighborhoods and commercial core. Similar to the Development Code, the Specific Plan identifies permitted uses, development standards, design guidelines and other supporting regulatory provisions. More detailed information on how a proposed project can be processed should be obtained from the Livermore Planning Division.
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Land Use Consistency- Zoning Clearance
Applicability: As a means for determining compliance with the provisions of the Downtown Specific Plan, the Community Development Director (hereafter "Director") may require an application for a Zoning Clearance if it is unclear that the proposed land use or development is consistent with the provisions of Downtown Specific Plan, or where unique circumstances exist.

Application: An application for a Zoning Clearance shall be accompanied by a written description of the proposed use, a plot plan showing lot lines, dimensions and locations of buildings and improvements, street right-of-way lines, building setback lines, yards, and any other information necessary to demonstrate consistency with the Downtown Specific Plan.

Action - Director.

A. Time Limit. The Director shall act upon an application for a Zoning Clearance within 17 calendar days following the date of filing of the application.

B. Variety of Action. The Director may approve an application and issue the clearance, or disapprove an application.

Effect of Action:

A. Effective Date. Date of approval.

B. Notification of Applicant. The Director shall notify the applicant in writing of the action taken.

Appeal Process: An appeal of the Director's determination may be made to the Planning Commission, consistent wit
h the provisions of Chapter 9 of the Livermore Development Code.

Outdoor Dining Permit
App
licability: Chapter 5, under "Development Standards: Downtown Core Plan Area", outdoor dining uses are permitted within Subarea 1 and 3 within the public right-of-wa y (sidewalk or flexible zone areas), consistent with the Master Design Program for Outdoor Dining Uses
(Downtown Specific Plan Chapter 6 and the Outdoor
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Dining Guidelines), and with the following application procedures set forth in Chapter 5.60 of the Livermore Municipal Code.

Permit
Required: No person shall place tables and chairs for outdoor dining within the public right-of way without first obtaining
a City of Livermore Outdoor Dining Permit pursuant to the provisions of this Chapter. An application
for Outdoor Dining Permits shall be accompanied by an application for an encroachment permit.

Appli
cation: An application for an Outdoor Dining Permit shall include the following:

1. Completed general planning and encroachment permit application forms; associated property and business owner signatures are required.

2. Appropriate application fees and deposits.

3. A dimensional site plan that demonstrates:

A. The underlying right-of-way (and parking spaces if requesting to use the flexible zone) and the location of adjacent City street trees and furnishings, including but not limited to planters, light poles, trellis structures, benches, trash containers, kiosks, etc.

B. An outline of the area proposed for outdoor dining use and the location of any existing and adjacent outdoor dining uses.

C. The proposed layout of all use furnishings including but not limited to tables, chairs, umbrellas, heaters, planters, fencing, signage, etc.

D. The proposed electrical connections to serve the use- if electrical service is requested (electrical service is permitted for lighting only);
E. The proposed circulation to and from the outdoor dining use and the associated business, general 435

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pedestrian circulation, and building ingress/egress.

4. If an outdoor dining use is requesting to expand in front of an adjacent business, a letter of agreement signed by the underlying property owner and adjacent business owner is required. The applicant must demonstrate that the propos
ed use will not block the display windows or signage of the adjacent business.

5. Specifications for the design, colors, and materials of all proposed furnishings including but not limited to tables, chairs, umbrellas, heaters, planters, fencing, trash receptacles, etc., demonstrating that all furnishings are of commercial grade and designed for
outdoor use.

6. Specifications for all proposed signage.

7. A lighting plan, including under umbrella, table lighting, and any other lighting proposed, showing fixture and lamp type
and locations.

8. An operational schedule including hours, days, and months (Outdoor dining uses within the sidewalk area shall be required to operate for a minimum of 4 hours per day, and outdoor dining uses within the flexible zone shall be required to operate for
a minimum of 8 hours per day, 6 days a week as weather permits).

9. Evidence of comprehensive liability insurance, evidence of Workers Compensation Insurance, and a signed , copy of the Outdoor Dining Maintenance and Removal Agreement, that includes a Hold Harmless and Indemnification statement
(that indemnifies and holds harmless the City of Livermore, its officials, employees, agents and
volunteers, and the underlying property owner), in a form approved by the City's Risk Manager, as approved by
City Council Resolution.

10. A copy of
the applicant's City of Livermore business license.

Action - Director. The Director shall have the authority to approve or deny an application for an Outdoor Dining Permit, and shall provide written notification of the action taken to the applicant. The Director may refer the application to the Planning Commission for review and recommendation if the proposed application is inconsistent with the Downtown Specific Plan, or where unique circumstances exist. 436

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Findings: The Director shall only approve or conditionally approve an application for an Outdoor Dining Permit if the following findings can be made:

1. That the design, location, and layout of the proposed outdoor dining use are consistent with the requirements for use, development, design and permitting contained within Downtown Specific Plan Chapters 5, 6 and 10, and all other applicable laws and regulations.

2. That the proposed outdoor dining use will promote the continued development and revitalization of the City's pedestrian-oriented Downtown by assisting in the creation of a lively and inviting streetscape.

3. That the outdoor dining use will not pose a danger to the public health, safety, or welfare, and/or any violations of these standards or the conditions of a previous permit have been abated or corrected prior to the issuance of a subsequent permit.

Subsequent Permits: Permits for subsequent years will be issued on a fi rst come basis, except that the holders of a permit for the prior year will be given priority over new applicants.

Appeal Process: An appeal of the Director's determination may be made to the Planning Commission, consistent with the provisions of
Chapter 9 of the Livermore Development Code.

Annual Permit: An Outdoor Dining Permit shall be valid for a period of one year, beginning on January 1st and ending on December 31st. However, during the year for which the permit is issued, flexible zone use is limited to a period of
eight months, beginning March 15th and ending in November 15th.

Annual Permit Required: Each year, the applicant shall submit a complete application for an Outdoor Dining P
ermit as defined above, including application, service and maintenance charges and deposits. The Director shall approve or deny the permit request, and shall provide written notification of the action taken to the applicant.

Outdoor Dining Permit Not Transferable : Outdoor Dining Permits are not transferable.

Interr
uption of Use: An Outdoor Dining Permit is an interruptible pri vilege. The City may interrupt the operation of an outdoor dining use at any time due to anticipated or actual conflicts. Such conflicts may arise from, but are not 437

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limited to, scheduled festivals and similar events, parades or marches, repairs to the public right of way, or demonstrations or emergencies occurring in the area. Outdoor dining uses shall be permitted to continue during special events unless the City of Livermore specifically requests that the use temporarily discontinue for the duration of the event. Such request may include the removal of all use furnishings.

Violations, Suspension, Enforcement: It shall be unlawful for any person to use or maintain any outdoor dining or seating except as permitted by this Chapter. The violation of any term or condition of, or applicable to, any Outdoor Dining Permit shall constitute a violation of the provisions of this Chapter. The Director may order the immediate suspension of an Outdoor Dining Permit upon a determination that there has been a violation of a provision of this Chapter, until such time as the violation is abated. Each day a violation of this Chapter continues shall constitute a separate offense. The continuing violation of any provision of this Chapter shall constitute a public nuisance which may be redressed by civil or criminal action, abated by mandatory or prohibitory process of a court of competent jurisdiction or pursuant to Chapter 1.20 or 1.24 of the Livermore Municipal Code.

Outdoor Display Permit
App
licability: Chapter 5, under "Development Standards: Downtown Core Plan Area," outdoor merchant display uses are permitted in Subareas 1 and 3 within the public right-of-way (sidewalk area only) and upon outdoor private property between a storefront and the public right-of-way, consistent with the Master Design Program for Outdoor Merchant Display Uses (Downtown Specific Plan Chapter 6), and with the following specific Outdoor Display Permit application procedures:

Permit Required: No person shall display merchandise within the public right-of way or upon outdoor private property between a storefront and the public right-of-way without first obtaining a City of Livermore Outdoor Display Permit.

Appli
cation: An application for an Outdoor Display Permit shall be accompanied by an application for an encroachment permit and shall include the following (as applicable):
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1. Completed general planning and Encroachment Permit Application forms; associated property and business owner signatures are required.

2. Appropriate application fees and deposits.

3. A dimensional site plan that demonstrates:

A. The related private property, the right-of-way, and the location of adjacent City street trees and furnishings, including but not limited to planters, light poles, trellis structures, benches, trash containers, kiosks, etc.

B. An outline of the area proposed for outdoor merchant display use and the location of any existing and adjacent outdoor dining or merchant display uses.

C. The proposed layout of all display use furnishings and merchandise.

D. The proposed circulation to and from the outdoor merchant display use and the associated business, general pedestrian circulation, and building ingress/egress.

5. Specifications for the design, colors, and materials of all proposed display furnishings, demonstrating that all display furnishings are of commercial grade.

6. A written description and photographs of the types of merchandise proposed to be displayed.

7. Evidence of comprehensive liability insurance, evidence of Workers Compensation Insurance, and a signed Hold Harmless and Indemnification statement (that indemnifies and holds harmless the City of Livermore, its officials, employees, agents and volunteers, and the underlying property owner), in a form approved by the City's Risk Manager, as approved by City Council Resolution.

8. A copy of the applicant's City of Livermore Business License. 439

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Action - Director. The Director shall have the authority to approve or deny an application for an Outdoor Display Permit and shall provide written notification of the action taken to the applicant. The Director may refer the application to the Planning Commission for review and recommendation if the proposed application is inconsistent with the Downtown Specific Plan, when the applicant has requested items larger than permitted by the Master Design Program, where violations under previous permits warrant additional review, or where unique circumstances exist.

Findings: The Director shall only approve or conditionally approve an application for an Outdoor Display Permit for outdoor merchant display use if the following findings can be made:

1. That the design, location, layout, furnishings, and merchandise of the proposed outdoor merchant display use are consistent with the requirements for use, development, design, appearance, quality, character, and permitting contained within Downtown Specific Plan Chapters 5, 6 and 10, and all other applicable laws and regulations.

2. That the proposed outdoor merchant display use will promote the continued development and revitalization of the City's pedestrian-oriented Downtown by assisting in the creation of a lively and inviting streetscape.

3. That the proposed outdoor merchant display use will not pose a danger to the public health, safety, or welfare, and/or any violations of these standards or the conditions of a previous permit have been abated or corrected prior to the issuance of a subsequent permit.

Appeal Process: An appeal of the Director's determination may be made to the Planning Commission, consistent with the provisions of Chapter 9 of the Livermore Development Code.

Annual P
ermit: An Outdoor Display Permit shall be valid for a period of one year, beginning on January 1 and ending on December 31.
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Annual Permit Required: Each year, the applicant shall submit a complete application for an Outdoor Display Permit as defined above. The Director shall approve or deny the permit request, and shall provide written notification of the action taken to the applicant.

Outdoor Display Permit Not Transferable: Outdoor Display Permits are not transferable.

Interruption of Use: An Outdoor Display Permit is an interruptible privilege. The City may interrupt the operation of an outdoor merchant display use at any time due to anticipated or actual conflicts. Such conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades or marches, repairs to the public right-of-way, or demonstrations or emergencies occurring in the area. Outdoor merchant display uses shall be permitted to continue during special events unless the City of Livermore specifically requests that the use temporarily discontinue for the duration of the event. Such request may include the removal of all use furnishings.

Viol
ations, Suspension, Enforcement: It shall be unlawful for any person to use or maintain any outdoor display except as permitted by this Chapter. The violation of any term or condition of, or applicable to, any Outdoor Display Permit shall constitute a violation of the provisions of this Chapter. The Director may order the immediate suspension of an Outdoor Display Permit upon a determination that there has been a violation of a provision of this Chapter, until such time as the violation is abated. Each day a violation of this Chapter continues shall constitute a separate offense. The continuing violation of any provision of this Chapter shall constitute a public nuisance which may be redressed by civil or criminal action, abated by mandatory or prohibitory process of a court of competent jurisdiction or pursuant to Chapter 1.20 or 1.24 of the Livermore Municipal Code.

Design and Site Plan Review (Design Review) for Non-Historic Structures Applicability. Any actions proposing physical changes to any parcel of land or existing structure, or the proposed construction of new structures, shall be subject to Design and Site Plan Review (hereinafter "Design Review") and shall be reviewed for consistency with all applicable Downtown Specific Plan and General Plan provisions, and applicable City ordinances and standards. A final Design Review determination shall be made prior to issuance of any building, grading or development permit, final map approval, or other ministerial approval. 441

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Design Review Process: Design Review will be accomplished in one of the following ways:

1. Minor Design Review: Site improvements that are small in magnitude (e.g., minor landscape, hardscape, streetscape, signage, lighting, painting, and fencing improvements, etc.) that are not associated with exterior building modifications, new structures, or additions to existing structures, shall require Minor Design Review and shall be reviewed and approved by staff. Once deemed complete, a no-fee application for Minor Design Review typically requires a processing time of one to two weekdays. Staff may refer a Minor Design Review application to the Planning Commission if staff finds the proposed project is inconsistent with the Downtown Specific Plan, or where unique circumstances or policy implications deem it necessary to do so.

2. Administrative Design Review: Exterior building modifications (including awnings, windows, and similar modifications), Master Sign Programs, additions to existing structures, new commercial, retail or office structures of less than 30,000 square feet, new residential projects providing less than 40 units, and major site improvements shall require an application for Administrative Design Review and shall be approved by staff. Once deemed complete, an application for Administrative Design Review typically requires a processing time of two to four weeks. Staff may refer an Administrative Design Review application to the Planning Commission if staff finds the proposed project is inconsistent with the Downtown Specific Plan, or where unique circumstances or policy implications deem it necessary to do so.

3. Planning Commission Design Review: New commercial, retail or office structures of 30,000 square feet or more, new residential projects providing 40 or more new residential units, and projects associated with another discretionary application (e.g. a Development Agreement, Conditional Use Permit, Tentative Subdivision Map, or Development Disposition Agreement). These projects will be reviewed by the Planning Commission and City Council as required by the City's Development Code. Once deemed complete, an application for Planning Commission Design Review typically requires a processing time of eight to twelve weeks.

If the proposed project entails new commercial, retail or office structures of 30,000 square feet or more, new 442

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residential projects providing 40 or more new residential units, or is associated with another discretionary application, e.g., Conditional Use Permit or Tentative Map, Design Review shall take place concurrently with the processing of the discretionary application and shall be subject to review and approval by the decision making body reviewing the associated application. A review of the regulatory process for Design and Site Plan Review will be held 1 year after adoption of the Downtown Specific Plan.

Projects/sites with height exceptions taller than three (3) floors/forty-five (45) feet (as listed in Section 4..1.C, Height Exceptions, of each Plan area in Chapter 5, Development Standards) are subject to Planning Commission and City Council review in addition to the normally required review process as established above.

Design Review Application Submittal Requirements: Applications for Minor Design Review shall include an Application Form and an Environmental Assessment Form, completed, signed and dated, and shall be accompanied by information defined below as deemed pertinent by staff in order to conduct a thorough and comprehensive review of the project and determine project consistency with the Downtown Specific Plan, City of Livermore General Plan, and all applicable City ordinances and standards.

Appli
cations for Administrative or Planning Commission Design Review shall include at a minimum, but not be limited to, the following information:

1. Application Form -completed, signed and dated.

2. Environmental Assessment Form - completed, signed and dated.

3. Application Fee.

4. Project Proposal - a written detail of the proposal that identifies existing conditions and proposed changes, the purpose of the request and the benefit that will be provided.

5. Site Photographs.

6. 16 copies of the complete plan set, including, but not limited to:

A. Site Plans -showing property lines, dimensions, setbacks, all existing and proposed structures, adjacent structures on neighboring parcels, parking (detail requirement compliance), lighting, utilities (HVAC, transformers, meters, etc.) and landscape and hardscape areas.

B. Floor Plans - all levels/stories.
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C. Roof Plan and Cross Sections - demonstrating how roof mounted equipment will be shielded from view.

D. Elevations_ showing all sides; a perspective elevation is recommended.

E. Signage- including dimensions and overall measurements in compliance with the Downtown Specific Plan.

F. Color and Material Samples for proposed structures and improvements.

G. Landscape and Irrigation Plans and Water Conservation Concept Statement- documenting compliance with the Water Efficient Landscape Ordinance.

H. One 8.5" x 11" reduction of all submittal plans and documents.

Staff may request additional materials and information upon submittal and throughout the Design Review process in order to allow staff to conduct a thorough and comprehensive review of the project and determine project consistency with the Downtown Specific Plan, City of Livermore General Plan, and all applicable City ordinances and standards.

Right to Downtown Operations Ordinance and Deed Notification Requirement Consistent with the Downtown Specific Plan, a new Right to Downtown Operations Chapter (Chapter 8.19) has been added to Title 8, Health and Safety, of the Livermore Municipal Code. The Right to Downtown Operations Ordinance will apply to all land uses operating within the Downtown Specific Plan area. The Ordinance specifies that, as a condition of approval of any discretionary development permit (including, but not limited to, tentative subdivision and parcel maps, conditional use permits and zoning use permits) relating to property within the Downtown Specific Plan area, a Notice of Right to Downtown Operations will be required to be included in all subsequent deeds and leases. This Notice will advise property owners, tenants, and users of property within the Downtown Specific Plan area of the inherent impacts and inconveniences associated with the purchase, tenancy, or use of property in the Downtown Specific Plan area. This notice will help to protect the City and all other property owners and tenants who operate businesses or conduct activities consistent with applicable codes and requirements.

Resi
dential uses are typically the most sensitive uses to noise, light, and other impacts, especially during evening hours. Commercial and office uses may also be sensitive to noise impacts, as well as to downtown activities and events. With an increase in sensitive uses and a range of mixed uses anticipated to occur in the Downtown Specific Plan area, the notification is intended to advise both current and future uses they are located in a vibrant 444

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Downtown area and that their expectations concerning noise and other impacts should be consistent with the Downtown location. Notification of potential impacts is provided to reduce complaints about activities the City will undertake, both related to infrastructure improvements and special events, as well as uses the City would support downtown, such as movie theaters, performing arts uses, coffee shops with live music, and other similar types of vibrant nighttime activities.

Where
new upper-floor uses are permitted in the Downtown Core of the Downtown Specific Plan area, as a condition of approval of any related discretionary development permit, the first paragraph of the Notice of Right to Downtown Operations shall be revised to read:

The Ci
ty of Livermore permits the operation of a variety of residential, business, cultural, civic and other activities within the downtown specific plan area. Certain uses and activities, including retail, restaurants, bars, nightclubs, grocery/drug stores, professional, business and medical offices, instructional facilities, personal services, exercise clubs, public halls, lodges, meeting rooms, day care facilities, community recreational centers and similar uses and activities, may be permitted or conditionally permitted on both lower and upper floors within the downtown core plan area. It is possible that such uses and activities may be directly adjacent to (above, below, or to the side of) a residential or office use within the same or a neighboring building. These uses are included within the range of mixed uses anticipated to occur, and in the inherent impacts and inconveniences associated with the purchase, tenancy, or use of property, in the downtown specific plan area.

Environmental Review
The certified Program EIR for the General Plan Amendment and Specific Plan evaluates and addresses environmental impacts anticipated from Specific Plan implementation in increments over a number of years. The Program EIR for the Specific Plan area would reduce the need for project-specific environmental review in those areas analyzed by the Program EIR subject to findings that there are no substantial changes in conditions.

Howev
er, it is possible that additional specific environmental review, on a project-by-project basis, may be necessary. This could include focused studies on one or more identified environmental concerns. The City will make these determinations, and environmental review may be incorporated into the development approval process.

For projects or actions proposing changes to historic resources, City staff will conduct a California Environmental Quality Act (CEQA) review of the proposed project for compliance with the Secretary of the Interior's Standards for 445

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the Treatment of Historic Properties with Guidelines for the Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Secretary's Standards). Projects that are in compliance (class 1 or 2) are considered mitigated to a less than significant impact by CEQA. Proposed projects that are not in compliance will be offered the opportunity to comply with the Secretary's Standards. If after revisions are made, the proposed project remains noncompliant, City staff will determine the appropriate level of environmental review.

Spe
cific Plan Amendment
The City Council may permit minor deviations from the Specific Plan provisions as part of its approval of a particular development application without requiring an amendment to the Specific Plan, provided that the project is consistent with the stated intent of the Specific Plan and the City's General Plan.

More substantive amendments to Specific Plan provisions may be requested by an applicant or property owner or may be initiated by the City. Major Specific Plan amendments shall be processed in accordance with City ordinances, and all such amendments will be presented for City Council review at a public hearing. Generally, the process for amending the Specific Plan is similar to that for amending the City's General Plan, with the significant difference being that there is no limitation on the number of Specific Plan Amendments that can be approved in any one year. Proposals to exceed existing Specific Plan height regulations in any Plan Area will be considered by the City Council and processed as a Specific Plan amendment as described above.

All Specific Plan changes (both minor deviations and major amendments) must be found consistent with the Livermore General Plan, or a General Plan Amendment and Zoning Code revision may be required.

If any regulation, condition or portion of this Specific Plan is held invalid by a California or Federal court these portions shall be deemed separate, distinct and independent provisions. The invalidity of these provisions shall not affect the validity of the remaining parts of the Specific Plan. Proposals to exceed existing Specific Plan height regulations in any Plan area will be considered by the City Council and processed as a Specific Plan amendment as described above.

Othe
r Discretionary Applications
Any Co
nditional Use Permits, Site Plan Approvals, Zoning Use Permits and other discretionary applications shall be approved in conformance with the Specific Plan. They will be processed in accordance with established City 446

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procedures unless otherwise directed in the Specific Plan.

A Planned Development District would allow deviation from adopted standards to permit more imaginative and flexible designs or to address geologic, topographical or environmental factors. However, it is anticipated that Planned Development permits will not be necessary or encouraged, because the Specific Plan is detailed and flexible enough to provide an adequate regulatory framework to meet the community's objectives. In addition, multiple deviations from Specific Plan standards may diminish the Plan's effectiveness and stated purpose and intent.

Tentative and Final Subdivision Maps
All Tentative and Final Maps shall be approved in conformance with the Specific Plan provisions. The Subdivision Map Act and City Subdivision Ordinance will govern the subdivision process. When all conditions of the Tentative Map are met or bonded for and improvement plans are approved, a Final Map will be approved by the City, in keeping with City standards and procedures, and the Subdivision Map Act. Final Recordation of Final Maps is required prior to the sale of individual lots created by the subdivision process. 447
ORDINANCE NO. ___

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA AN ORDINANCE ADDING LIVERMORE MUNICIPAL CODE TITLE 5 BUSINESS REGULATIONS CHAPTER 5.60 OUTDOOR DINING PERMIT

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. Findings. Municipal Code Amendment (MUNI) 22-001 establishes rules, regulations, and enforcement standards for Outdoor Dining Permits for businesses that seek to provide outdoor dining in the public right-of-way in accordance with the Downtown Specific Plan.

Section 2. Recommendation. The Planning Commission held a duly noticed public hearing on April 5, 2022, to consider the proposed ordinance and recommended that the City Council approve the proposed ordinance in Planning Commission Resolution No. 08-22, attached hereto as Exhibit A.

Section 3. Public Hearing . Prior to taking action on the ordinance, and at a properly noticed public hearing, the City Council of the City of Livermore reviewed written and oral staff reports, conducted a public hearing on the Ordinance and took testimony, and received into the record all pertinent documents related to the (“collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this ordinance by reference.

Section 4. Environmental. The environmental impacts of the ordinance are within the scope of the 2003 General Plan and Downtown Specific Plan Environmental Impact Report (State Clearing House No. 2003032038) and the 2009 Final Subsequent Environmental Impact Report (State Clearing House No. 2008092085) in accordance with the California Environmental Quality Act (“CEQA”).] The ordinance is also exempt from CEQA pursuant to CEQA Guidelines Section 15301, Class 1, Existing Facilities, Section 15304, Class 4, Minor Alterations to Land, and Section 15061(b)(3) Common Sense Exemption.

Section 5. Adoption. The City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 08-22, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them herein, and based upon the City Council’s own independent review of the Record Evidence and considerations, Chapter 5.60 Outdoor Dining Permit to Title 5 Business Regulations of the Livermore Municipal Code is hereby added as set forth in Exhibit B.

Section 6. Consistency. The ordinance is consistent with the Livermore General Plan, the Downtown Specific Plan, and the Livermore Municipal Code.

Section 7. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the city 448
ORDINANCE NO. ___
of Livermore within 15 days after its adoption and shall take effect and be in force 30 days from and after its adoption.

Section 8. Filing. The Planning Manager is directed to file a Notice of Determination and Notice of Exemption with the Alameda County Clerk.

Section 9. Documents. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 10. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on April 11, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on ______________________, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________
Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
/s/ Kimberly D. Cilley
Marie Weber Kimberly D. Cilley
City Clerk Senior Assistant City Attorney
Exhibit A - Planning Commission Resolution No. 08-22
Exhibit B - Outdoor Dining Permit Ordinance
449

EXHIBIT A
450

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451

EXHIBIT B
CHAPTER 5.60

OUTDOOR DINING PERMIT
Sections:

5.60.010 Purpose

5.60.020 Applicability

5.60.030 Administration by Director

5.60.040 Permit Required

5.60.050 Nature of the Permit

5.60.060 Application

5.60.070 Grounds for Approval

5.60.080 Permit Requirements

5.60.090 General Permit Conditions

5.60.100 Alcohol Related Conditions

5.60.110 Special Permit Conditions

5.60.120 Subsequent Conditions

5.60.130 Change in Permit Information

5.60.140 Permit Modification, Suspension, Revocation

5.60.150 Interruption of Use

5.60.160 Notice

5.60.170 Appeals

5.60.180 Enforcement

5.60.190 Administrative Fines

5.60.010 Purpose.

A. The purpose of this chapter is to establish uniform regulations for allowing outdoor dining within the Downtown Core and the public right-of-way. The City’s intent in adopting this chapter is to establish reasonable restrictions on the ability for restaurants to engage in the use of the public rights-of- way to promote the public welfare while still protecting public health and safety.

B. The regulations set forth in this chapter must be used in conjunction with the regulations set forth in the Downtown Specific Plan and the Outdoor Dining Administrative Guidelines for all outdoor dining activities. Nothing in this chapter is intended to supersede the Downtown Specific Plan. The Downtown Specific Plan prevails over any conflicting part of this chapter.

5.60.020 Applicability.

This chapter applies to dining establishments in the downtown core seeking to provide outdoor dining in the public right of way.
452

EXHIBIT B

5.60.030 Administration by Director.

The Community Development Director (“Director”) or his or her designee will receive applications, issue and revoke permits, and implement this chapter according to the procedures set forth herein.

5.60.040 Permit required.

A. No person shall allow, cause, or engage in outdoor dining in the public right of way without a valid Outdoor Dining Permit issued pursuant to this chapter.

B. Possessing a valid Outdoor Dining Permit does not excuse any failure to otherwise comply with this code or other applicable law.

5.60.050 Nature of the Permit.

Outdoor Dining Permits issued pursuant to this chapter are subject to the following limitations:

A. Permits are personal to the applicant, and to the premises upon which outdoor dining is conducted. No other individual may conduct outdoor dining under the authority of a permit issued to another. For purposes of this chapter, a permit is not deemed transferred or assigned if the permittee is a corporation or partnership which remains under the control of the same individual or individuals who controlled it at the time the permit was approved.

B. Permits shall not be transferred or assigned.

C. No property rights are conferred to the applicant/permittee.

D. There is no right of renewal; and
E. Permits are specific to the location identified on the permit application. A new permit shall be required if the permitted outdoor dining use is relocated, or a major alteration is made to the outdoor dining use identified on the permit.

5.60.060 Application.

Any individual seeking to provide outdoor dining in the public right of way shall submit the following:

A. A completed general planning application form with the property and 453

EXHIBIT B
business owner signatures.

B. Appropriate application fees and deposits.

C. A dimensional site plan that demonstrates:

1. The underlying right-of-way (and parking spaces if requesting to use the flexible zone) and the location of adjacent City Street trees and furnishings, including but not limited to planters, light poles, trellis structures, benches, trash containers, kiosks, etc.

2. An outline of the area proposed for outdoor dining use and the location of any existing and adjacent outdoor dining uses.

3. The proposed layout of all use furnishings including but not limited to tables, chairs, umbrellas, heaters, planters, fencing, signage, etc.

4. The proposed electrical connections to serve the use of electrical service is requested. (Electrical service is permitted for lighting only).

5. The proposed circulation to and from the outdoor dining use and the associated business, general pedestrian circulation, and building ingress/ egress.

D. A diagram showing the proposed location of the outdoor dining use with all seating and signage.

E. If an outdoor dining use is requesting to expand in front of an adjacent business, the applicant shall provide a letter of agreement signed by the underlying adjacent property owner, if reasonably practicable, and the adjacent business owner. The applicant must demonstrate that the proposed use will not block the display windows or signage of the adjacent business.

F. Specifications for the design, colors, and materials of all proposed furnishings including but not limited to tables, chairs, umbrellas, heaters, planters, fencing, trash receptacles, etc., demonstrating that all furnishings are of commercial grade and designed for outdoor use.

G. Specifications for all proposed signage.

H. A lighting plan, including under umbrella, table lighting, and any other lighting proposed, including fixture and lamp type and locations. 454

EXHIBIT B
I. An operational schedule including hours, days, and months (Outdoor dining uses within the sidewalk area shall be required to operate for a minimum of 4 hours per day, and outdoor dining uses within the flexible zone shall be required to operate for a minimum of 8 hours per day, 6 days a week as weather permits).

J. A signed copy of the Outdoor Dining Maintenance and Removal Agreement.

K. A copy of the applicant’s City of Livermore business license.

5.60.070 Ground for Approval.

The Director shall only approve or conditionally approve an application for an Outdoor Dining Permit if the following findings can be made:

A. That the design, location, and layout of the proposed outdoor dining use are consistent with the requirements for use, development, design and permitting contained within Downtown Specific Plan Chapters 5, 6 and 10, the Outdoor Dining Administrative Guidelines, and all other applicable laws and regulations.

B. That the proposed outdoor dining use will promote the continued development and revitalization of the City's pedestrian-oriented Downtown by assisting in the creation of a lively and inviting streetscape.

C. That the outdoor dining use will not pose a danger to the public health, safety, or welfare, and/or any violations of these standards or the conditions of a previous permit have been abated or corrected prior to the issuance of a subsequent permit.

5.60.080 Permit Requirements.

Outdoor dining uses shall be subject to all of the following:

A. Outdoor dining uses shall comply with Chapters 5, 6, and 10 of the Downtown Specific Plan, the Outdoor Dining Administrative Guidelines, and this chapter.

B. During the year for which the permit is issued, flexible zone use is limited to a period of eight months, beginning in March, and ending in October.

C. Each year, the applicant shall submit a complete application for an Outdoor Dining Permit as defined above, including application, service and maintenance charges and deposits. The Director shall approve or deny the permit request and provide written notification of the action taken to the 455

EXHIBIT B
applicant.

D. Outdoor dining uses shall provide for adequate pedestrian circulation.

Outdoor dining uses in the public right of way shall maintain a minimum of five feet of clearance between dining furnishings and any curb line or street furniture.

E. Outdoor dining uses shall comply with the Americans with Disabilities Act (ADA).

F. The City may charge a rental fee for use of public property.

5.60.090 General Permit Conditions.

A. Term. Unless suspended or revoked, permits issued pursuant to this chapter shall be valid from March to October. Should a permit expire, the permittee shall comply with this chapter to obtain a new permit.

B. Insurance. Permittees shall obtain liability insurance in the form and amount set by the City’s Risk Manager.

C. Agreement. The permittee shall enter into an Outdoor Dining Maintenance and Removal Agreement with the City, in a form approved by the City Attorney.

D. Responsible person. Responsible person is defined as the permittee, owner, manager or other person exercising control over the operation of an outdoor dining use, whether or not that person is a named permittee. A responsible person shall be present during all hours that the outdoor dining use is being operated.

E. Access. Responsible persons shall allow authorized law enforcement officers to enter onto establishments to ensure compliance with this chapter during business hours.

5.60.100 Alcohol Related Conditions.

Outdoor dining uses that serve alcoholic beverages shall comply with the following:

A. The applicant for an outdoor dining use shall obtain and maintain all licenses required by the Alcohol Beverage Control Act (Business & Professions Code §§ 23300, et seq.).

B. If complaints are received regarding excessive noise, lighting, building 456

EXHIBIT B
access, or other disturbances associated with alcohol service at the restaurant, the Director may, in his or her discretion, take action to review the outdoor dining permit including, without limitation, adding conditions or suspending or revoking the permit.

5.60.110 Special Permit Conditions.

A. Grounds for Special Permit Conditions. The Director may condition a permit with reasonable requirements to protect public health, safety, and welfare. These conditions may include, without limitation, the following:

1. Accommodating pedestrian and vehicular traffic

2. Obtaining any and all business licenses required by this code for the sale of food, beverages, or other goods or services B. An applicant for a permit may request, and the Director may approve, extended operating hours that will be applicable to the permitted establishment. The extended operating hours approved by the Director, and any conditions relating thereto, must be specifically stated in the permit.

5.60.120 Subsequent Conditions.

The Director may condition previously issued permits upon learning or discovering facts not previously disclosed.

5.60.130 Change in Permit Information.

A. Whenever any change occurs in the information contained in the permit, the permittee shall give the Director written notice of the change within 30 days of the date that the change becomes effective.

B. If a permittee fails to give the Director timely written notice of a change in the information contained in the application, the Director may charge the permittee an additional administrative fee.

5.60.140 Permit Modification, Suspension, Revocation.

The Director may modify, suspend, or revoke a permit if any of the following apply:

A. Upon learning or discovering facts requiring permit denial not previously disclosed by the applicant.
457

EXHIBIT B
B. When the permittee violates the permit’s terms and conditions, or when permittee violates applicable laws or regulations; provided, however, that the Director will not revoke a permit without warning the permittee and allowing him/her to correct the violation(s) within 15 days from the date of the notice of the violation.

C. Three violations of any provisions of this chapter, the Downtown Specific Plan, or the Outdoor Dining Administrative Guidelines, or any combination thereof, within one calendar year.

5.60.150 Interruption of Use.

A. The Director or his or her designee may order immediate suspension of a permit whenever there is an emergency that requires such action to protect public safety.

B. An outdoor dining permit is an interruptible privilege. The City may interrupt the operation of an outdoor dining use at any time due to anticipated or actual conflicts. Such conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades or marches, repairs to the public right of way, or demonstrations or emergencies occurring in the area. Outdoor dining uses shall be permitted to continue during special events unless the City of Livermore specifically requests that the use temporarily discontinue for the duration of the event. Such request may include the removal of all use furnishings.

5.60.160 Notice.

A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice may be provided by one of the following methods: personally delivered to the applicant or permittee, mailed via first class U.S. mail to the applicant/permittee’s last known address, or emailed to the applicant/permittee’s email address indicated on his or her application.

5.60.170 Appeals.

An applicant or permittee may appeal any Director decision made pursuant to this chapter in accordance with the provisions set forth in Chapter 1.22 of the LMC.

5.60.180 Enforcement.
458

EXHIBIT B
A violation of this chapter constitutes an infraction. Any violation of this chapter may also be abated as a public nuisance. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies available under the law.

5.60.190 Administrative Fines.

A. In addition to any other enforcement remedy, administrative citations may be issued to any Responsible person for violations of this chapter.

B. An administrative citation issued for a violation of this chapter may be appealed in accordance with Chapter 1.20 LMC.
459

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

April 11, 2022
TO:

Honorable Mayor and City Council
FROM:

Tina Olson, Administrative Services Director
SUBJECT:

Resolution approving the 2022 revised Meeting Rules of Procedure for the City of Livermore Advisory Bodies

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution approving the revised Meeting Rules of Procedure for eleven of the City's advisory bodies to conform them to the City Council Meeting Rules of Procedure, add clarification, streamline administrative processes, extend the term for the Community Asset Management Program Outreach Committee and Climate Action Plan Advisory Committee, and confirm prior direction related to advisory body meetings.

SUMMARY
As instructed by the City Council, the City Clerk has revised the Meeting Rules of Procedure for the City's advisory bodies to conform them to the City Council Meeting Rules of Procedure. The current advisory body Rules of Procedure provided information specific to each advisory body with the intention that each body would refer back to the City Council Rules of Procedure for information that was not provided in their individual documents. This has created some confusion among the advisory bodies.

Expanding each body's Rules of Procedure will provide clarity and consistency.

DISCUSSION
Background
The Livermore Municipal section 2.40.100 requires each advisory body to maintain rules of procedure approved by the City Council. In addition, the City Council Meeting Rules of Procedure directs each advisory body to conform their respective rules of procedure to the City Council’s rules with appropriate modifications to account for their individual structure including the number of members for the advisory body and the titles for their presiding officer and members, as instructed by City Council Meeting Rule

16.2.1. Livermore’s City Council Meeting Rules of Procedure were developed for the orderly, consistent, and fair 460
conduct of its meetings consistent with applicable law. The rules have developed over time and reflect the City’s accepted practices consistent with applicable law. The City's advisory bodies each conform their individual Rules of Procedure to the City Council document. The City Clerk's Office maintains the Rules of Procedure and prepares updates for review by the City Council, as needed.

In 2020, consistent with the Governor’s Executive Orders issued in response to the COVID-19 emergency (N-25-20, and N-29-20), portions of the City Council Meeting Rules of Procedure for teleconferenced meetings and public comment were suspended temporarily by Resolution No. 2020-061 and 2021-139 to ensure the City’s continuity of government during the shelter-in-place orders. During this time staff continued to recruit for advisory body members and hold meetings.

As the State of Emergency comes to an end, and the City Council has requested a return to in-person meetings, staff has revisited the advisory body rules of procedure and notified members of the plan to resume in-person meetings. Also, the termination of the resolution of the temporary suspension of the Meeting Rules is the subject of a separate item on your agenda.

Proposed Updates
The current advisory body Rules of Procedure provide information specific to each advisory body, such as duties and responsibilities, term of office, and members, with the intention that each advisory body would refer back to the City Council Rules of Procedure for additional information not provided in their individual documents. This has led to confusion among advisory bodies. Expanding the Rules of Procedure will provide clarity and ensure meetings are being held in a uniform manner across all bodies.

Staff liaisons and the City Clerk worked together to review the Rules of Procedure and identify areas that need additional information or clarification. As advisory body members were informed of a return to in- person meetings following the pandemic there were many questions and concerns communicated to staff. The proposed updates address some of the policy questions received based on the City Council's existing direction. Advisory Body members have been notified and provided a draft copy of the proposed Rules of Procedure. Modifications to the Livermore Area Youth Advisory Commission and the Housing Authority are limited as those bodies maintain a partnership with other agencies and have different needs.

Information pertaining to topics such as meeting types, the order of business, citizen's rights, motions, and appeals is consistent with the City Council Rules of Procedure and the Livermore Municipal Code.

Changes to the Rules of Procedure that are new practices, or existing practices that staff requests confirmation on, include the following:

Meeting times and locations:

Staff proposes that meeting locations for all advisory bodies be moved to the Mendenhall Room with the exception of Housing Authority, Planning Commission, and Youth Advisory Commission. This will provide added transparency and consistency for the public and ensure meetings occur at times that residents can attend. The Youth Commission will continue to meet at the Robert Livermore Community Center, the Housing Authority will continue to meet at the Housing Authority building and the Planning Commission will meet in the Council Chamber.

Commission Term Extension:

In November 2019 the City Council authorized the Community Asset Management Program (CAMP) Outreach Committee to serve as a limited-duration committee in support of the City’s asset management program. The existing Rules of Procedure authorizes members to serve through December 2022. To meet the current needs of the asset 461
management outreach program and allow for the continuation and expansion of the Committee’s public outreach efforts, the term limit needs to be adjusted. Specifically, section 3 of the Committee’s Rules of Procedure requires a revision to amend the Committee’s term length from ending December 2022 to December 2023.

Commission Term Extension:

In February 2020 the City Council authorized the Climate Action Plan Committee (CAPAC) to serve as a limited-duration committee until the City Council adopted its Climate Action Plan Update. The existing Rules of Procedure authorize members to serve through 2021. To meet the current needs for the Climate Action Plan Update, the term limit needs to be adjusted. Specifically, section 3 of the Committee’s Rules of Procedure requires a revision to amend the Committee’s term length from ending 2021 to 2022.

Format of Meeting Minutes:

Advisory Body meeting minutes currently conform with the City Council Rules of Procedure (action minutes). This provides a significant cost savings to the city in staff resources while providing an accurate reflection of key outcomes for each meeting. Staff has identified that the Planning Commission should return to summary minutes to provide the City Council a reference document as projects move from the Planning Commission to the City Council's decision-making authority. Staff recommends all other advisory bodies continue to develop action minutes. In addition to action minutes, an audio recording of each advisory body meeting is also captured and will be retained in accordance with the City's Records Retention Policy.

Teleconferencing Practices:

Council's existing direction, prior to the COVID-19 emergency, states that members may not participate remotely, via teleconference or videoconference. Staff does not recommend a change to this practice.

Member Attendance:

The City Council's existing direction requires the board or commission to vote and send an item to the City Council requesting the removal of a member when excessive absences occur. City staff identified that this puts a burden on the advisory body as they must vote and continue to hold meetings with the individual in question until the item is heard by the City Council and a decision is made. Staff recommends that each liaison track attendance and alert the City Clerk if absences exceed the allowable limit. The City Clerk would then provide a memo to the City Council and the Mayor could direct staff to add an item to the City Council agenda if appropriate.

Self-initiated Projects:

Existing City Council direction states that when an advisory body would like to start a self-initiated project requiring more than 8 hours of staff time, they must first obtain City Council approval. Staff proposes no changes to this area.

Appeals:

Staff proposes that references to the Livermore Municipal Code and applicable Resolutions be added to assist liaisons with the administration of appeals.

FISCAL AND ADMINISTRATIVE IMPACTS

There are no fiscal or administrative impacts associated with updating the Rules of Procedure.

ATTACHMENTS

1. Airport Commission - Redline Rules of Procedure

2. Beautification Committee - Redline Rules of Procedure

3. Climate Action Plan - Redline Rules of Procedure

4. Community Asset Management Program - Redline Rules of Procedure

5. Commission for the Arts - Redline Rules of Procedure 462

6. General Plan Advisory Committee - Redline Rules of Procedure

7. Historic Preservation Commission - Redline Rules of Procedure

8. Human Services Commission - Redline Rules of Procedure

9. Library Board of Trustees - Redline Rules of Procedure

10. Livermore Housing Authority - Redline Rules of Procedure

11. Planning Commission - Redline Rules of Procedure

12. Resolution - 2022 Revised Meeting Rules of Procedures

Prepared by: Marie Weber
City Clerk

Approved by:
____________________________________
Marc Roberts
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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CITY OF LIVERMORE

AIRPORT COMMISSION

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
February 2013April 2022

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AIRPORT COMMISSION

RULES OF PROCEDURE

1. Duties
and Responsibilities:

The City Council declares that the individuals appointed to the office of Airport Commissioner are intended to represent and further the interest of the aviation industry and that such representation and furtherance will ultimately serve the public interest. Accordingly, the City Council finds that for purposes of persons who hold such office, the aviation industry is tantamount to and constitutes the public generally within the meaning of Section 87103 of the Government Code.

The Airport Commission shall have the following duties and responsibilities:

1. The Commission is advisory to the City Council on:
a. Determinations of demand in sup port of future Airport development pursuant to section 1 of Resolution 2010-058;
b. Rendering a determination whether redevelopment of existing facilities may occur based upon need for significant rehabilitation, improvement or replacement; and
c. Other Airport matters initiated an d referred to the Commission by the City Council.

2. The Commission is advisory to the Planning Commission on:
a. Proposed development within the Cit y’s Airport Protection Area (APA) including proposed changes to the APA or the zoning at the Airport,

3. The Commission supports the goals and priorities adopted by the City Council relative to the Airport’s operations.

4. The Commission promotes the Airpor t as an economic development tool and disaster recovery facility that benefits Livermore residents and the Tri-Valley.

5. The Commission promotes public intere st in the Airport and promotes public participation in its use and operation.

6. The Commission has a regulatory responsibility to:

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a. Make a commercial aeronautical activity appeal determination pursuant to Livermore Municipal Code section 11.08.160;
b. Amend and approve the large hangar waiting list policy pursuant to Livermore Municipal Code section 11.08.180; and
c. Conduct appeal hearings pursuant to Livermore Municipal Code section

11.08.190.

7. The Commission is advisory to staff on:

a. Airport safety and security matters;
b. Operational policies a nd regulations pertaining to tenants and users of the Airport;
c. The Airport noise monitoring and reduction program;
d. Planning for public and private development on the Airport, consistent with adopted City General Plan policies, the adopted Community Development Code (Zoning Code), and the adopted 20 Year Capital Improvement Program Budget;
e. The draft 20-Year Capital Improvement Program Budget; and f. Other matters related to the Airport that are init iated and referred by staff to the Commission.

2. Members – The Airport Commission shall co nsist of five members, all of whom must be residents of the City of Livermore. At least three of the members must be certificated pilots, but no more than two members shall be tenants or subtenants of the Livermore Airport.

3. Term of Office – Airport Commission members shall serve no more than two consecutive four-year terms or a total of eight years unless the member was selected to complete an unexpired term or unless otherwise noted. However, members may be appointed back to the Airport Commission after a break in service of two years.

4. Attendance Policy – Airport Commission members may miss three meetings per calendar year. A member who misses more than three meetings per year may be subject to removal from the Commission. The staff liaison will document all absences and report to the City Clerk when a member of the Commission has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Commission is appropriate. The member will have the opportunity to ATTACHMENT 1
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speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Commission rests solely with the City Council. The Commission may request that the City Council remove from the Commission any members who miss more than three meetings per year. The final decision to remove a member from the Commission rests solely with the City Council.

5. Elections and Officers – The Airport Co mmission shall elect a chairperson and a vice chairperson at the first meeting held after January 1st of each year. Election of the officers shall be by majority vote of the Commission. The role of the officers shall be as follows:

aA. Chairperson – The Chairperson shall preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

bB. Vice Chairperson - The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

cC. Presiding Officer – In the absence of t he Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings – The Airport Commission shall meet on the firstsecond Monday of each month at noon6:30 p.m., unless otherwise specified by posted notice., excepting March, July and November, when it shall meet on the third Monday of the month at 6:30 p.m. The Commission shall adopt an annual meeting calendar listing all regular meetings for the calendar year. The calendar shall be published on the City's website. Meetings shall be held at the Livermore Airport Dan Lee TerminalWilliam H. Mendenhall Community Room at 636 Terminal Circle1016 S.

Livermore Avenue, Livermore, CA. All meetings shall be open to the public. The Commission may not meet in closed session. Commission members may not participate in a meeting remotely, via teleconference or videoconference.

7. Agenda Preparati on and Posting – The staff liaison shall post the notices and agendas for each Airport Commission meeting in the kiosk in front of City Hall, the Kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

a. Regular Meetings

b. Special Meetings and Workshops
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Notice of the call for a special meeting must be delivered and received by each Commission Member and the media at least 24 hours before the special meeting and must be posted at least 24 hours before the special meeting date. The agenda shall specify the time and location of the meeting, contain a brief description of each item of business to be transacted or discussed at the meeting, and state who called the special meeting. [54956]. Agendas for special meetings shall be prepared and posted in accordance with the requirements of the Brown Act.

8. Minutes of Proceedings – An account of all final actions or recommendations of the Airport Commission shall be prepared by the staff liaison and approved by the Commission. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as action minutes.

9. Quorum – Three members constitute a quorum of the Airport Commission. A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next regularly scheduled meeting of the Commission or scheduled for a special meeting if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of a quorum, or if staff determines that there is not current business pending before the Airport Commission. Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

aA. All meetings shall be held in a ccordance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the Airport Commission.

bB. General Conduct of Meetings – Points of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act Rosenberg’s Rules of Order, Revised 2011, Robert’s Rules of Order, Airport Commission Rules of Procedure and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

cC. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order, Revised 2011 Robert’s Rules of Order and ATTACHMENT 1
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Parliamentary Procedures. The Airport Commission shall not take a sealed ballot vote in open session.

d. Call to Order - The C hairperson shall call the meeting to order at the appointed time. If both the Chairpers on and the Vice Chairperson are absent, then the staff liaison shall ca ll the meeting to order, and the Commission Members present shall t hen select a presiding officer for that meeting.

e. Preservation of Order - The Chair person shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Commission Members, staff, and/or ci tizens, but shall not prohi bit criticisms of the policies, procedures, programs, or services of the Cit y, or of the acts or omissions of the Airport Commission or members of the City staff. The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

f. Reordering of Agenda - The Chairperson may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Airport Commission later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

g. Motion to be Stated - The Chairpers on shall state all motions submitted for a vote by the Airport Commission and announce the result of the vote and identify the no votes and any Commission Members that abstained or recused themselves from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record, and report roll call votes. [54953(b)(2) and (c)(2)].

11. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the Airport Commission on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Commission. The Chairperson may establish time limits per individual speaker. The Commission shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Commission, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Commission agenda.

12. Subcommittees

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The Airport Commission may create standing subcommittees (those with ongoing subject matter jurisdiction and regularly scheduled meetings). Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

13. Staff Support and Responsibilities

The head of the department that is responsible for supporting the Airport Commission shall designate the Airport Manager or another employee to serve as staff liaison to the Commission.

The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson, and generally assist the Commission in performing its duties. The Staff Liaison shall have no voting authority.

Staff shall be responsible for recommending to Council approval of Airport rates and charges, operating expenditure and revenue budgets, and operating and replacement reserves.

Commissioners must work with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to complete that year. However, the Commission may pursue self-initiated projects that can be accomplished utilizing the city resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

14. Rules of Parliamentary Procedure

The City Council has adopted Rosenberg’s Rules of Order, Revised 2011, as its rules of parliamentary procedure for the City Council and all Boards and Commissions. In the event of a conflict between Rosenberg’s Rules of Order and these rules of procedure, these rules of procedure shall control.

15. Types of Meetings

15.1 Regular Meetings

The Airport Commission shall meet in the William H. Mendenhall Community Room for all regular Commission meetings. The regular meetings shall begin on the first Monday of each month at 6:30 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Airport Commission shall meet at a date and time designated by the Commission.

15.2 Special Meetings
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Special meetings may be called by the Commission Chair, the Commission liaison or by a majority of Commissioners. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The Airport Commission may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops

The Airport Commission may meet informally in special meetings designated as workshops that are called by the Chairperson, the Commission liaison, or by a majority of Commission Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act. The Airport Commission may provide direction, but unlike other special meetings the Airport Commission may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Airport Commission may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Chairperson, Commission liaison, or majority of Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the Airport Commission’s annual calendar. [54955]

16. Actions Limited to Posted Agendas

The Airport Commission shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Commission Members and staff may briefly respond to statements made or questions posed by the Airport Commission or by members of the public addressing the Airport Commission. Commission Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

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17. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

17.1 Discovery of Good Cause Be fore an Item is Considered

If good cause to continue an item is discovered by City staff after a notice or agenda is posted but before the meeting commences, then after calling the meeting to order the Chair shall identify the item and announce that is has been continued.

17.2 Good Cause to Continue During Consideration

Once an item has been taken up for consideration, City staff, a Commission Member, or a participating party as defined in Section 21.4.4 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Commission Members present.

17.3 Public Comment for a Continued Item

If the opportunity for the public to address the Airport Commission has concluded and the item was returned to the Airport Commission for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Airport Commission. [54955].

18. Consideration of it ems after 11:00 p.m.

18.1 Canvass and Reorder

At 10:30 p.m., or as soon thereafter as practical, the Chairperson shall canvass staff and Commissioners present to identify the remaining agenda items for consideration. The Chairperson will then identify what items will be considered or continued, and in what order. Once the Chairperson outlines the balance of the agenda, it may not be amended absent an appeal by a Commission Member.

18.2. No New Items Considered after 11:00 p.m.

Generally, the Airport Commission will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

18.3 Exceptions

The Airport Commission may commence consideration of an item after 11:00 p.m. under the following circumstances:

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a. An item is subject to a legal deadli ne, such as a project application subject to the Permit Streamlining Act; or,

b. The Airport Commission votes to allow consideration of the item after 11:00 p.m.

19. Points of Order, Privilege, and Personal Privilege

A Commission Member may ask for a point of order, at which time the Chairperson will ask for an explanation. Appropriate points of order relate to matters that a Commission Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure or the rules of parliamentary procedure.

A Commission Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Commission Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Airport Commission’s meeting, such as the inability to hear testimony because of disruption.

A Commission Member may ask for a point of personal privilege when the integrity, character, or motives of the Commission Member are called into question by a speaker; or where the welfare of the Airport Commission is concerned.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

20. Minutes - An account of all final ac tions or recommendations of the Airport Commission shall be prepared by the staff liaison and approved by the Commission. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as action minutes.

20.1 Approval

The minutes for an Airport Commission meeting shall be reviewed and approved as set forth in this section.

a. The Airport Commission shall approve mi nutes for a regular meeting, special meeting, and special meeting workshops.

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b. An Airport Commissioner may not appr ove the minutes for any meeting that the Commissioner did not attend.

Also, an Airport Commissioner may not approve the minutes for a meeting that they were not eligible to attend as a commissioner.

c. If no Commissioners are eligible to approve the minutes for an Airport Commission meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes

Airport Commission liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Airport Commission meetings shall be action minutes that capture the action taken by the Airport Commission and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Staff attendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

21.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Airport Commission on any item of interest to the public that is within the Airport Commission’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the Airport Commission when that item is called for consideration.

Citizen’s forum shall be limited to 30 minutes, usually before the consent calendar. If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the Chair shall reconvene the citizens forum at the conclusion of the matters for consideration portion of the agenda unless the Chair announces that citizens forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

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21.3. Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require Airport Commission discussion. Examples of items for the consent calendar include the approval of minutes. Any Airport Commissioner may pull an item for separate discussion. Members of the public may address the Airport Commission on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the Airport Commission by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Commission Member interests.

21.4. Matters for Consideration

This portion of the agenda is for items of business that require Airport Commission action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Airport Commission’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Airport Commission for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Airport Commission questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Airport Commission.

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e. Make an oral report, unless wa ived by the Airport Commission.

21.4.3 Airport Commission Questions or Comments

Following the staff presentation, the Commission Members may ask questions of City staff and consultants or make comments on the item.

21.4.4 Participating Parties

Following Commission Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Commission. After the Chair determines that no other participating parties wish to address the Airport Commission on the hearing item, the Chairperson will then invite Commission Member questions or comments of the participating parties and staff concerning the item.

Participating parties shall address the Airport Commission following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the Airport Commission concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Airport Commission on the item. Public speakers shall address the Airport Commission following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the Airport Commission on the hearing item, the Chairperson will formally close the public comment period and return the item to the Airport Commission for deliberation.

21.4.6 Deliberation

Once an item of business returns to the Airport Commission for deliberation, the Chairperson will invite the Commission Members to discuss the item to develop concurrence for a motion. Commission Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. Airport Commission Action

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After Airport Commission deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Airport Commission may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Airport Commission has discretion to decide not to hear further comment if they choose. Public speakers shall address the Airport Commission following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Airport Commission shall receive public comment as provided for in Section 23 Citizens’ Rights.

After receiving public comment, the Airport Commission shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

21.5 Reports and Matters Initiated

This portion of the agenda is for:

a. Each member of the Airport Commi ssion to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Commissioner attended at the City’s expense [53232.2(d)].

b. The City staff to provide information of community interest to the Airport Commission and to seek direction from the Airport Commission concerning items to be included on future agendas.

c. The Airport Commission to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum.

d. The Airport Commission to request st aff to provide information, perform studies, or undertake other administrative functions or to develop information for Commission action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Airport Commission during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

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21.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the Airport Commission meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Adjournment at any other point in the meeting requires a formal motion by the Airport Commission.

22. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

22.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

22.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the Airport Commission on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Airport Commission following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the Airport Commission on any item of interest to the public that is within the Airport Commission’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

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Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The Airport Commission may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

23. Citizens’ Rights

An Airport Commission meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the Airport Commission and to attend its meetings.

During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the Airport Commission on any item of interest to the public that is within the Airport Commission’s subject matter jurisdiction.

Members of the public also have the right to address the Airport Commission before the Airport Commission considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Airport Commission Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the Airport Commission concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Airport Commission are as follows:

23.1 Addressing the Airport Commission

Members of the public that want to address the Airport Commission during citizens forum or before the Airport Commission considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Airport Commission will be described at each meeting. The staff liaison will prominently display the methods to address the Airport Commission in the William H. Mendenhall Community Room.

Before an item is considered by the Airport Commission, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the Airport Commission ATTACHMENT 1
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begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Airport Commission’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Airport Commissioner’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit

Each advisory body, with input from the City Clerk and consistent with the uniform format provided by the City Clerk, may establish their own rules to specify the method to request, and the speaker time limits, for citizens addressing the advisory body, but the advisory body must then administer them uniformly.

23.3 Members of the Public Addressing the Airport Commission

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Airport Commission. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the Airport Commission when called.

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Airport Commission. A speaker is not required to provide his or her name or address to address the Airport Commission. However, to the extent such information is relevant to the issues being considered by the Airport Commission, the absence of such information may bear on the speaker’s credibility and the weight the Airport Commission affords the speaker’s comments.

23.3.3 Speakers shall address their comments only to the Airport Commission as a body and not to a particular member.

23.3.4 Members of the public ma y only address the Airport Commission from the lectern. No member of the public, other than the speaker at the lectern, may address the Airport Commission, unless called upon by the Chairperson.

23.3.5 No question shall be asked of Commission Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a Commission Member, except through the Chairperson. Commission Members, ATTACHMENT 1
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the Chairperson, and the speaker are not obligated to answer any questions asked. The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Airport Commission’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

23.3.9 Each speaker shall relinquish t he lectern when his or her time to address the Airport Commission has expired.

23.3.10 A speaker may use his or her allo tted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Airport Commission in a non-disruptive manner, provided those activities are completed within the allotted time. The city will not provide the means for a speaker to play an electronic recording.

23.3.11 When called upon during citizen’ s forum, speakers may address the Airport Commisison on any item of interest to the public within the Airport Commission’s subject matter jurisdiction. [54954.3(a)].

23.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Airport Commission. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties Addr essing the Airport Commission

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Airport Commission, except that the participating parties shall each have up to a maximum of 10 minutes to address the Airport Commission. The Chairperson may set and announce the time limit for each active participant to address the Airport Commission based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Airport Commission, shall not be prohibited. However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

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23.6 Disruptive Speech and Conduct

Any person unduly disrupting an Airport Commission meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Airport Commission, such as applauding or booing.

Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403].

When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the Airport Commission to complete its business.

23.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

23.7.1 Submitted after the hearing notice, but before the Agenda Publication.

Any member of the public may submit written comments and materials to the Airport Commission through the Airport Commission Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The Airport Commission Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Airport Commission using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison.

All comments submitted using the staff liaison’s electronic process will be available to the public and the Airport Commission immediately upon submission.

The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Airport Commission in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Airport Office before 12:00 p.m. noon on the day of the Airport Commission meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Airport Commission meeting, any member of the public that desires to submit materials to the Airport Commission for consideration at that meeting is hereby instructed to present 8 copies of the materials to the staff liaison for distribution to the Airport Commission at its meeting when the item is considered.

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23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the Airport Commission

Once a meeting is called to order, no member of the public shall enter the area between the Commission and public seating without an invitation from the Chairperson. Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual Commission Members and City staff.

24. Airport Commission Deliberation

Airport Commission deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

A motion may be made by the Chairperson or a Commission Member. Once a motion has been made, the Chairperson will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the Chairperson shall then invite debate and discussion on the motion and any amendments.

Any Commission Member who makes a motion may withdraw it during debate and discussion, even to the point of interrupting a speaker to do so. If the motion is withdrawn, the Chairperson may ask the person who seconded the motion if the Commission Member wishes to make the motion, subject to another Commission Member’s second.

25.2 Categories of Motions

There are four categories of motions that the Airport Commission may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

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second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Commission Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Airport Commission. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic motion is to approve a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

A decision whether a motion is one to amend or substitute is left to the Chairperson's sole discretion. A decision whether a motion is hostile is left to the Chairperson in consultation with the Commission’s Attorney.

25.3 Simultaneous Motions

The Airport Commission may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Airport Commission have been resolved. When two or three motions are before the Airport Commission, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Airport Commission should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

However, a hostile motion shall not be on the floor at the same time as the motion it challenges. A hostile motion shall be considered after a vote on the basic motion and its amendments, that it challenges.

25.4 Debatable and Non-debatable Motions

Debatable motions are subject to Commission Member comment and discussion before calling for a vote. Non-debatable motions are not subject to Commission Member comment and discussion and are to be voted on immediately.

25.4.1 Debatable Motions
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Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 25.4.2. Debate on a motion should continue as long as Commission Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

25.4.2 Non-Debatable Motions

Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the Commission’s deliberations and, upon receipt of a second, should be voted on immediately. The Commission’s non-debatable motions are as follows:

a. Motion to Adjourn. If passed, a motion to adjourn requires the Airport Commission to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the Airport Commission to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Airport Commission to adjourn at a specific time set in the motion.

d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain, set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Airport Commission at a future meeting.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table but is generally used when good cause exists or in response to a request by staff, a Commission Member, or a participating party, as set forth in Section 17 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Airport Commission at a future meeting.

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as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Airport as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals

25.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Airport Commission may be made as follows: (1) The motion must be made by a Commission Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Commission Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

25.5.2 Commission Member Appeal

Any Commission Member may appeal any ruling by the Chairperson. If a Commission Member so moves and the motion is seconded, after debate, the ruling of the Chairperson may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the Chair be sustained?”

26. Action and Direction

26.1 Votes, General Rules

Unless otherwise provided, the Airport Commission’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Commission Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

Any Commission Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the Commission. The Chairperson’s name shall be called last with other Commission Members’ names called in alphabetical order by the staff liaison. Commission Members shall not give explanations for their vote during roll call.

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motion receiving a majority vote necessary to pass a motion, the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in section 26.2 Tie Votes, shall control.

If a Commission Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in section 26.3 Abstentions and Silence shall govern how the Commission Member’s silence or abstention is tabulated.

26.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the Chairperson may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Commission Member absence, and the absent Commission Member does not have a conflict of interest related to the item being voted on, the Airport Commission may continue the item to a subsequent meeting when the absent Commission Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the Airport Commission and an appeal could be submitted for final decision by the City Council.

26.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the Airport Commission’s actions, for example by causing a tie vote.

Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Commission Members on items of legitimate concern.

At the same time, it is not the City Council’s intention to impede any individual Commission Member’s right to choose not to speak or vote on an item.

If any Commission Member wishes to abstain from voting on a motion, the Commission Member must announce the abstention when the item of business is first called for consideration and must not participate in the consideration of the item, in which case the minutes will reflect that the Commission Member abstained from the vote.

If the Commission Member does not announce an abstention when the item of business is first called for consideration, or the Commission Member participates in the consideration of the item, and the Commission Member’s abstains during the vote, then that Commission Member’s vote shall be tabulated in favor of the motion.

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Silence of any Commission Member shall be tabulated along with the majority of the votes cast by the Commission Members present and voting on the motion since the silent Commission Member is conceding to the majority’s wishes.

This rule is intended to expressly modify Rosenberg’s Rules of Order , Revised 2011 for counting votes with regard to abstentions and silence by a Commission Member.

26.4 Protests

Any Commission Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

27. Appeals to the Airport Commission

A person found in violation of the rules and regulations contained in Chapter

11.08.190 of the Livermore Municipal Code, Airport Rules and Regulations, or any order or directive of the airport manager related thereto, including a 30-day notice of termination of tenancy, may appeal such finding, order or directive by submitting a written request for appeal to the Airport Commission. A three-day notice to pay rent, cure default or quit is final and not subject to appeal.

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CITY OF LIVERMORE

BEAUTIFICATION COMMITTEE

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
AprilSeptember 202211
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CITY OF LIVERMORE

BEAUTIFICATION COMMITTEE

RULES OF PROCEDURE

1. Duties and Responsibilities – The Beautification Committee shall have the following duties and responsibilities:

A. Designate and plan specific site s and extended areas, primarily under governmental ownership or control, for the beautification of major roadway systems, median islands, and entranceways throughout the city.

B. Review the designs for establishment of small parks or rest areas at street intersections.

C. In cooperation with the City Neigh borhood Preservation Division, analyze and recommend property rehabilitation of singular or group areas under private ownership within the City.

D. Recommend revisions of the street tree ordinance, specifying tree types, installation standards, spacing dimensions, and other related matters for the implantation of decorative trees in all areas to be developed within the city in both residential and commercial areas.

E. Recommend an annual program by the city for the placement of street trees in all areas deficient in such improvements.

F. Recommend landscaping standards for publicly controlled landscaping associated with commercial and industrial development.

G. Recommend replacement land scaping, planting and maintenance standards for all of the landscape maintenance districts within the City of Livermore.

H. Review and comment upon proposals for the installation of street furnishing and accessories, lights, ornamental fixtures, monuments, fountains, or other forms of furnishing of an aesthetic nature as to location, design, and cost.

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I. Analyze and recommend the applicat ion for and utilization of programs wherein financial grants or personal services may be applicable and available to support the beautification effort of the City.

J. As requested by Council, propos e, and recommend a master plan for Livermore beautification with detailed standards for aspects of city beautification.

K. Organize, publicize, and participate in annual city-wide activities and events, such as Earth Day, Make A Difference Day, and Arbor Day, and present beautification awards to enhance city aesthetics.

L. Support the goals and priorities adopted by the City Council.

2. Members – The Beautific ation Committee shall consist of 7 members, all of whom must be residents of the City of Livermore.

3. Term limits – Beautification Committee members shall serve no more than two consecutive four-year terms or a total of eight years unless the member was selected to complete an unexpired term or unless otherwise noted. However, members may be appointed back to the Beautification Committee after a break in service of two years.

Time served in an unexpired term shall not count against the eight-year maximum limit. Committee members who have already completed eight years of service or other specified maximum terms are not eligible for appointment to an unexpired term.

4. Attendance Policy – Beautification Commi ttee members may miss four meetings per calendar year. A member who misses more than four meetings per year may be subject to removal from the Committee. The staff liaison will document all absences and report to the City Clerk when a member of the Committee has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Committee is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The Committee may request that the City Council remove from the Committee any members who miss more than four meetings per year. The member may appeal the request for the removal to the City Council. The final decision to remove a member from the Committee rests solely with the City Council.

5. Elections and Officers – The Beautification Committee shall elect a chairperson and a vice chairperson at the first meeting held after January 1 st of each year.

Election of the officers shall be by majority vote of the Committee. The role of the officers shall be as follows:

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aA. Chairperson – The Chairperson shall preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

bB. Vice Chairperson - The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

cC. Presiding Officer – In the absence of t he Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings – The Beautification Committ ee shall meet on the first Wednesday of each month at 6:00 p.m. at the Maintenance Service CenterWilliam H.

Mendenhall Community Room at 3500 Robertson Park Road 1016 S. Livermore Avenue, Livermore, CA. Meetings shall begin promptly as noticed pursuant to this provision. The Committee shall adopt an annual meeting calendar listing all regular meetings for the calendar year. The calendar shall be published on the City's website. All meetings shall be open to the public. The Committee may not meet in closed session. Committee members may not participate in a meeting remotely, via teleconference or videoconference.

7. Agenda Preparati on and Posting – The staff liaison shall post the notices and agendas for each Beautification Committee meeting in the kiosk in front of City Hall, the kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

a. Regular Meetings

b. Special Meetings and Workshops

Notice of the call for a special meeting must be delivered and received by each Committee Member and the media at least 24 hours before the special meeting and must be posted at least 24 hours before the special meeting date. The agenda shall specify the time and location of the meeting, contain a brief description of each item of business to be transacted or discussed at the meeting, and state who called the special meeting. [54956].Agendas for special meetings shall be prepared and posted in accordance with the requirements of the Brown Act.

8. Minutes of Proceedings – An account of all proceedings of the Beautification Committee shall be prepared by the staff liaison and approved by the Committee.

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The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as action minutes.

9. Quorum – Four members constitute a quorum of the Beautification Committee. A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next regularly scheduled meeting of the Committee or scheduled for a special meeting if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of a quorum. Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

bB. General Conduct of Meetings – Points of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act, Rosenberg’s Rules of Order, Revised 2011Robert’s Rules of Order, Beautification Committee Rules of Procedure and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

cC. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order, Revised 2011 Robert’s Rules of Order and Parliamentary Procedures. The Beautification Committee shall not take a sealed ballot vote in open session.

d. Call to Order - The C hairperson shall call the meeting to order at the appointed time. If both the Chairperson a n d the Vice Chairperson are absent, then the staff liaison shall ca ll the meeting to order and the Committee Members present shall then se lect a presiding officer for that meeting.

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policies, procedures, programs, or services of the Cit y, or of the acts or omissions of the Beautification Committee or members of the City staff. The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

f. Reordering of Agenda - The Chairperson may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Beautification Committee later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

g. Motion to be Stated - The Chairpers on shall state all motions submitted for a vote by the Beautification Committee and announce the result of the vote and identify the no votes and any Committee Members that abstained or recused themselves from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and (c)(2)].

11. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the Beautification Committee on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Committee. The Chairperson may establish time limits per individual speaker. The Committee shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Committee, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Committee agenda.

12. Subcommittees

The Beautification Committee may create standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings). Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

13. Staff Support

The head of the department that is responsible for supporting the Beautification Committee shall designate one or more employees to serve as staff liaison to the Committee. The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee, ATTACHMENT 2
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and generally assist the Committee in performing its duties. The Staff Liaison shall have no voting authority.

Committee Members must work with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to complete that year. However, the Commission may pursue self-initiated projects that can be accomplished utilizing the city resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

14. Rules of Parliamentary Procedure

15. Types of Meetings

15.1 Regular Meetings

The Beautification Committee shall meet in the William H. Mendenhall Community Room for all regular Committee meetings. The regular meetings shall begin on the first Wednesday of each month at 6:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Beautification Committee shall meet at a date and time designated by the Committee.

15.2 Special Meetings

Special meetings may be called by the Committee Chair, the Committee liaison or by a majority of Committee Members. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The Beautification Committee may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops

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intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act. The Beautification Committee may provide direction, but unlike other special meetings the Beautification Committee may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Beautification Committee may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held.

However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Chairperson, Committee liaison, or majority of Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the Beautification Committee’s annual calendar. [54955]

16 Actions Limited to Posted Agendas

The Beautification Committees shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Committee Members and staff may briefly respond to statements made or questions posed by the Beautification Committee or by members of the public addressing the Beautification Committee. Committee Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

17. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

17.1 Discovery of Good Cause Be fore an Item is Considered

17.2 Good Cause to Continue During Consideration

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Once an item has been taken up for consideration, City staff, a Committee Member, or a participating party as defined in Section 21.4.4 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Committee Members present.

17.3 Public Comment for a Continued Item

If the opportunity for the public to address the Beautification Committee has concluded and the item was returned to the Beautification Committee for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Beautification Committee. [54955].

18 Consideration of it ems after 11:00 p.m.

18.1 Canvass and Reorder

At 10:30 p.m., or as soon thereafter as practical, the Chairperson shall canvass staff and Committee Members present to identify the remaining agenda items for consideration. The Chairperson will then identify what items will be considered or continued, and in what order. Once the Chairperson outlines the balance of the agenda, it may not be amended absent an appeal by a Committee Member.

18.2. No New Items Considered after 11:00 p.m.

Generally, the Beautification Committee will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

18.3 Exceptions

The Beautification Committee may commence consideration of an item after 11:00 under the following circumstances:

a. An item is subject to a legal deadline, or,

b. The Beautification Committee votes to allow consideration of the item after 11:00 p.m.

19. Points of Order, Priv ilege, and Personal Privilege

A Committee Member may ask for a point of order, at which time the Chairperson will ask for an explanation. Appropriate points of order relate to matters that a Committee Member considers inappropriate conduct for the meeting, such as the failure to observe these Rules of Procedure or the rules of parliamentary procedure.

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A Committee Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Committee Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Beautification Committee’s meeting, such as the inability to hear testimony because of disruption.

A Committee Member may ask for a point of personal privilege when the integrity, character, or motives of the Committee Member are called into question by a speaker; or where the welfare of the Beautification Committee is concerned.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

20. Minutes - An account of all final acti ons or recommendations of the Beautification Committee shall be prepared by the staff liaison and approved by the Committee.

The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Committee consideration and approval as action minutes..

20.1 Approval

The minutes for a Beautification Committee meeting shall be reviewed and approved as set forth in this section.

a. The Beautification Committee shall appr ove minutes for a regular meeting, special meeting, and special meeting workshops.

b. A Beautification Committee Member may not approve the minutes for any meeting that the Committee Member did not attend.

Also, Beautification Committee Members may not approve the minutes for a meeting that they were not eligible to attend as a Committee Member.

c. If no Committee Members are elig ible to approve the minutes for a Beautification Committee meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes

Beautification Committee liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule.

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capture the action taken by the Beautification Committee and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Sta ff attendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

21.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Beautification Committee on any item of interest to the public that is within the Beautification Committee’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the Beautification Committee when that item is called for consideration.

Citizens forum shall be limited to 30 minutes, usually before the consent calendar. If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the Chair shall reconvene the citizens forum at the conclusion of the matters for consideration portion of the agenda unless the Chair announces that citizens forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

21.3. Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require Beautification Committee discussion. Examples of items for the consent calendar include the approval of minutes. Any Beautification Committee Member may pull an item for separate discussion. Members of the public may address the Beautification Committee on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the Beautification Committee by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Committee Member interests.

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21.4. Matters for Consideration

This portion of the agenda is for items of business that require Beautification Committee action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Beautification Committee’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Beautification Committee for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Beautification Committee’s questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Beautification Committee.

e. Make an oral report, unless waived by the Committee.

21.4.3 Beautification Committee Questions or Comments

Following the staff presentation, the Committee Members may ask questions of City staff and consultants or make comments on the item.

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to address the Beautification Committee on the item, the Chairperson will then invite Committee Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the Beautification Committee following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the Beautification Committee concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Beautification Committee on the item. Public speakers shall address the Beautification Committee following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the Beautification Committee on the hearing item, the Chairperson will formally close the public comment period and return the item to the Beautification Committee for deliberation.

21.4.6 Deliberation

Once an item of business returns to the Beautification Committee for deliberation, the Chairperson will invite the Committee Members to discuss the item to develop concurrence for a motion. Committee Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. Beautification Committee Action

After Beautification Committee deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Beautification Committee may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Beautification Committee has discretion to decide not to hear further comment if they choose. Public speakers shall address the Beautification Committee following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Beautification Committee shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Beautification Committee shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

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21.5 Reports and Matters Initiated

This portion of the agenda is for:

a. Each member of the B eautification Committee to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Committee Member attended at the City’s expense [53232.2(d)].

b. The city staff to provide informa tion of community interest to the Beautification Committee and to seek direction from the Beautification Committee concerning items to be included on future agendas.

c. The Beautification Co mmittee to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum.

d. The Beautification Committee to r equest staff to provide information, perform studies, or undertake other administrative functions or to develop information for Committee action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Beautification Committee during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

21.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the Beautification Committee meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Adjournment at any other point in the meeting requires a formal motion by the Beautification Committee.

22. Order of Business – Special Meetings and Workshops
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No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

22.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

22.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the Beautification Committee on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Beautification Committee following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the Beautification Committee on any item of interest to the public that is within the Committee’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The Beautification Committee may take a final action at a special meeting, but not at a workshop, as set forth in Section

15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

23. Citizens’ Rights

A Beautification Committee meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951].

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agenda, members of the public have a right to address the Beautification Committee on any item of interest to the public that is within the Beautification Committee’s subject matter jurisdiction. Members of the public also have the right to address the Beautification Committee before the Beautification Committee considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Beautification Committee Reports and Matters Initiated, and the Adjournment portions of the agenda.

Members of the public shall be provided an opportunity to address the Beautification Committee concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Beautification Committee are as follows:

23.1 Addressing the Beautification Committee

Members of the public that want to address the Beautification Committee during citizens forum or before the Beautification Committee considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Beautification Committee will be described at each meeting. The staff liaison will prominently display the methods to address the Beautification Committee in the William H. Mendenhall Community Room.

Before an item is considered by the Beautification Committee, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the Beautification Committee begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Beautification Committee’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Beautification Committee’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit

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specify the method to request, and the speaker time limits, for citizens addressing the advisory body, but the advisory body must then administer them uniformly.

23.3 Members of the Public Addressing the Beautification Committee

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Beautification Committee. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the Beautification Committee when called.

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Beautification Committee. A speaker is not required to provide his or her name or address to address the Beautification Committee. However, to the extent such information is relevant to the issues being considered by the Beautification Committee, the absence of such information may bear on the speaker’s credibility and the weight the Beautification Committee affords the speaker’s comments.

23.3.3 Speakers shall address their comments only to the Beautification Committee as a body and not to a particular member.

23.3.4 Members of the public ma y only address the Beautification Committee from the lectern. No member of the public, other than the speaker at the lectern, may address the Beautification Committee, unless called upon by the Chairperson.

23.3.5 No question shall be asked of Committee Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a Committee Member, except through the Chairperson. Committee Members, the Chairperson, and the speaker are not obligated to answer any questions asked.

The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Beautification Committee’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

23.3.9 Each speaker shall relinquish t he lectern when his or her time to address the Beautification Committee has expired.

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present information to the Beautification Committee in a non-disruptive manner, provided those activities are completed within the allotted time. The city will not provide the means for a speaker to play an electronic recording.

23.3.11 When called upon during citizen’ s forum, speakers may address the Beautification Committee on any item of interest to the public within the Beautification Committee’s subject matter jurisdiction. [54954.3(a)].

23.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Beautification Committee. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties Addressing the Beautification Committee

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Beautification Committee, except that the participating parties shall each have up to a maximum of 10 minutes to address the Beautification Committee. The Chairperson may set and announce the time limit for each active participant to address the Beautification Committee based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Beautification Committee, shall not be prohibited.

However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

23.6 Disruptive Speech and Conduct

Any person unduly disrupting a Beautification Committee meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Beautification Committee, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the Beautification Committee to complete its business.

23.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

23.7.1 Submitted after the hearing notice, but before the Agenda Publication.

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Any member of the public may submit written comments and materials to the Beautification Committee through the Beautification Committee Liaison. All written comments and materials must be submitted between by noon on the day before agenda publication (3 days prior to the meeting). The Beautification Committee Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Beautification Committee using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison.

All comments submitted using the staff liaison’s electronic process will be available to the public and the Beautification Committee immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Beautification Committee in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Beautification Committee liaison before 12:00 p.m. noon on the day of the Beautification Committee meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Beautification Committee meeting, any member of the public that desires to submit materials to the Beautification Committee for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the Beautification Committee at its meeting when the item is considered.

23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the B eautification Committee

Once a meeting is called to order, no member of the public shall enter the area between the Committee and public seating without an invitation from the Chairperson. Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual Committee Members and City staff.

24. Beautification Committee Deliberation

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Beautification Committee deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

A motion may be made by the Chairperson or a Committee Member. Once a motion has been made, the Chairperson will solicit a second. A motion shall die unless it receives a second. If a motion receives a second, the Chairperson shall then invite debate and discussion on the motion and any amendments.

Any Committee Member who makes a motion may withdraw it during debate and discussion, even to the point of interrupting a speaker to do so. If the motion is withdrawn, the Chairperson may ask the person who seconded the motion if the Committee Member wishes to make the motion, subject to another Committee Member’s second.

25.2 Categories of Motions

There are four categories of motions that the Beautification Committee may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way but does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Committee Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Beautification Committee. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

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The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic motion is to approve a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

25.3 Simultaneous Motions

The Beautification Committee may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Beautification Committee have been resolved. When two or three motions are before the Beautification Committee, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Beautification Committee should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

However, a hostile motion shall not be in the floor at the same time as the motion it challenges. A hostile motion shall be considered after a vote on the basic motion and its amendments, that it challenges.

25.4 Debatable and Non-debatable Motions

Debatable motions are subject to Committee Member comment and discussion before calling for a vote. Non-debatable motions are not subject to Committee Member comment and discussion and are to be voted on immediately.

25.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 25.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Committee Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

25.4.3 Non-Debatable Motions

Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the Committee’s deliberations and, upon receipt of a second, should be voted on immediately. The Committee’s non-debatable motions are as follows:

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a. Motion to Adjourn. If passed, a motion to adjourn requires the Beautification Committee to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the Beautification Committee to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Beautification Committee to adjourn at a specific time set in the motion.

d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Beautification Committee at a future meeting.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table but is generally used when good cause exists or in response to a request by staff, a Committee Member, or a participating party, as set forth in Section 17 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Beautification Committee at a future meeting.

f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further Beautification Committee deliberation, debate, and discussion on an item.

It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Beautification Committee as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals

25.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Beautification Committee may be made as follows: (1) The motion must be made by a Committee Member that voted along with majority that voted for the original motion that passed, although ATTACHMENT 2
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the motion for reconsideration may be seconded by any Committee Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

25.5.2 Committee Member Appeal

Any Committee Member may appeal any ruling by the Chairperson. If a Committee Member so moves and the motion is seconded, after debate, the ruling of the Chairperson may be reversed by majority vote. If an appeal is taken, the question shall be, “Shall the decision of the Chair be sustained?”

26. Action and Direction

26.1 Votes, General Rules

Unless otherwise provided, the Beautification Committee’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Committee Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

Any Committee Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the Committee. The Chairperson’s name shall be called last with other Committee Members’ names called in alphabetical order by the staff liaison. Committee Members shall not give explanations for their vote during roll call.

If a motion does not receive the necessary majority vote for passage, the Chairperson may solicit additional discussion and another motion for further deliberation and voting. If further discussion and deliberation does not result in a motion receiving a majority vote necessary to pass a motion, the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in section 26.2 Tie Votes, shall control.

If a Committee Member is present at the meeting but abstains from voting on a motion or is silent during the vote on the motion, then the rules in section 26.3 Abstentions and Silence shall govern how the Committee Member’s silence or abstention is tabulated.

26.2 Tie Votes

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Generally, a motion fails if there is a tie vote. After a tie vote, the Chairperson may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Committee Member absence, and the absent Committee Member does not have a conflict of interest related to the item being voted on, the Beautification Committee may continue the item to a subsequent meeting when the absent Committee Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda.

26.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the Beautification Committee’s actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of seven and may diminish accountability of Committee Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Committee Member’s right to choose not to speak or vote on an item.

If any Committee Member wishes to abstain from voting on a motion, the Committee Member must announce the abstention when the item of business is first called for consideration and must not participate in the consideration of the item, in which case the minutes will reflect that the Committee Member abstained from the vote.

If the Committee Member does not announce an abstention when the item of business is first called for consideration, or the Committee Member participates in the consideration of the item, and the Committee Member’s abstains during the vote, then that Committee Member’s vote shall be tabulated in favor of the motion.

Silence of any Committee Member shall be tabulated along with the majority of the votes cast by the Committee Members present and voting on the motion since the silent Committee Member is conceding to the majority’s wishes.

This rule is intended to expressly modify Rosenberg’s Rules of Order, Revised 2011, for counting votes with regard to abstentions and silence by a Committee Member.

26.4 Protests

Any Committee Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

27. Appeals to the Beautification Committee

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In accordance with Livermore Municipal Code section 12.20.250 Aappeals of the director’s decision related tofor tree permit applications processed through the Public Works Department shall be made to the Beautification Committee.

Appeals of the Beautification Committee’s determination shall be made to the City Council. The appeal shall be filed with the Public Works Department within 15 days following the actual date the decision was rendered.

Appeals from decisions of the Beautification Committee shall appear on the City Council agenda for discussion. Council has the options of affirming the action of the Committee, modifying the action of the Committee, referring the matter back to the Committee, or reversing the decision, unless otherwise required or provided by law.

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CITY OF LIVERMORE

CLIMATE ACTION PLAN ADVISORY

COMMITTEE RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022
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CITY OF LIVERMORE

20220 CLIMATE ACTION PLAN ADVISORY

COMMITTEE (CAPAC)

RULES OF PROCEDURE

1. Duties and Responsibilities

The City Council declares that the indivi duals appointed to the office of Climate Action Plan Committee Member are intended to represent and further the interest of climate preservation and that such representation and furtherance will ultimately serve the public interest.

The Climate Action Plan Advisory Committ ee shall have the following duties and responsibilities:

A. Provide input and feedback to City staff at specific intervals throughout the development of the Climate Action Plan;

B. Provide feedback to City staff on existing Climate Action efforts and conditions;

C. Provide feedback to City staff on proposed Climate Action Plan goals and objectives; and

2. Members

The Climate Action Plan Advisory Committee, also known as CAPAC, shall consist of eleven (11) members, all of whom shall reside or work in Livermore. The eleven members could include representatives from all or a co mbination of the following groups:

• Environmental advocacy
• Civic advocacy
• Business community
• Residents
• Underserved communities
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• Youth
• National Laboratories
• Winegrowers

3. Term limits

The Climate Action Plan Advisory Committee is a limited duration committee until the City Council adopts the Climate Action Plan Update. It is anticipated members may serve through 20221.

4. Attendance Policy

The City Clerk will notify the City C ouncil with a memo explaining the circumstances of the abs ences and the City Council will determine if an agenda item is needed to consider whether removal from the Committee is appropriate.

The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Committee rests solely with the City Council.The Committee may request that the City Council remove any members who miss more than three meetings per year.

The member may appeal the request for the removal to the City Council. The final decision to remove a member from t he Committee rests solely with the City Council.

5. Elections and Officers

The Climate Action Plan Advisory Committee shall elect a Chairperson and a Vice Chairperson at the first m eeting; and annually at the la st meeting of the year thereafter. Election of the officers shall be by a majority vote of the Climate Action Plan Advisory Committee. The role of the officers shall be as follows:

A. Chairperson – The Chair person shall preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

B. Vice Chairperson – The Vice Chair person shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

C. Presiding Officer – In the absence of t he Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings
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The Committee will convene beginning in Summer 2020. Meetings shall be held at 7:00pm on the thirdfirst Wednesday of the month at the Civic Center Meeting HallWilliam H. Mendenhall Community Room, at 1016 South Livermore Avenue. , or virtually if Covid-19 restrictions pr ohibit the ability for the public to attend in- person.

Specific dates are to be determined. All meetings shall be open to the public. The Climate Action Plan Advisory Committee may not meet in closed session.

Committee members may not participate in a meeting remotely, via teleconference or videoconference.

7. Agenda Preparation and Posting - The staff liaison shall post the notices and agendas for each Climate Action Plan Advisory Committee meeting in the kiosk in front of City Hall, the Kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

a. Regular Meetings

b. Special Meetings and Workshops

8. Minutes of Proceedings

An account of all proceedings of the Climate Action Plan Advisory Committee shall be prepared by the staff liaison, agendiz ed, and approved by the Climate Action Plan Advisory Committee. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provid ed for Committee consideration and approval as action minutes.

9. Quorum

Six members constitute a quorum of the Climate Action Plan Advisory Committee.

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A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next scheduled meeting of the Climate Action Plan Advisory Committee if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of quorum. Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

A.a. All meetings shall be held in accordance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the Climate Action Plan Advisory Committee.

a.b. General Conduct of Meetings – Points of order shall be settled by the Chairperson. Points of order sha ll comply with the Brown Act, the City Council Rules of Procedure, Rosenberg’s Rules of Order (see Appendix A), Climate Action Plan Advisory Co mmittee Rules of Procedure and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and cont inued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

c. Voting on Items – Voting on items sha ll be in accordance with Rosenberg’s Rules of Order and Par liamentary Procedures. T he Climate Action Plan Advisory Committee shall not take a sealed ballot vote. d. Call to Order ‐ The Chairperson shall call the meeting to order at the appointed time. If both the Chairperson and the Vice Chairperson are absent, then the staff liaison shall call the meeting to order and the Committee Members present shall then select a presiding officer for that meeting.
e. Preservation of Order ‐ The Chairperson shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Committee Members, staff, and/or citizens, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the Climate Action Plan Advisory Committee or members of the City staff. The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].
f. Reordering of Agenda ‐ The Chairperson may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Climate Action Plan Advisory Committee later in the meeting. The ATTACHMENT 3
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Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

B.g. Motion to be Stated ‐ The Chairperson shall state all motions submitted for a vote by the Climate Action Plan Advisory Committee and announce the result of the vote and identify the no votes and any Committee Members that abstained or recused themselves from the vote.

No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and (c)(2)].

11. Citizens’ Forum/Public Comments

Every agenda shall provide t he opportunity for members of the public to address the Climate Action Plan Advisory Committ ee on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Climate Action Plan Advisory Committee. The Chairperson ma y establish time limits per individual speaker. The Climate Action Plan Adviso ry Committee shall not discuss nor take action on subjects raised under Citizens ’ Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Climate Action Plan Advisory Committee, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Climate Action Plan Advisory Committee agenda.

12. Subcommittees

The Climate Action Plan Advisory Committee shall not form standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings) without prior City Council approval. Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

13. Staff Support

The head of the department re sponsible for supporting the Climate Action Plan Advisory Committee shall designate one or more employees to serve as staff liaison to the Climate Action Plan Advisory Committee. The Staff Liaison shall prepare and post the agenda, take and main tain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee, and generally assist the Climate Action Plan Advisory Committee in performing its duties. The Staff Liaison shall have no voting authority.

Committee Members must work with thei r assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self- initiated project that will r equire more than 8 hours of staf f time to co mplete that year. However, the Committee may pursue self-initiated projects that can be accomplished utilizing the city resources currently allocated to the particular advisory body and that do not take res ources away from that advisory body’s ATTACHMENT 3
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anticipated work to fulfill its duties and responsibilities to the City Council.

14. Rules of Parliamentary Procedure

The City Council has adopted Rosenberg’s Rules of Order, Revised 2011, as its rules of parliamentary procedure for the City Council and all Boards and Committees. In the event of a conflict between Rosenberg’s Rules of Order and these rules of procedure, these rules of procedure shall control.

15. Types of Meetings

15.1 Regular Meetings

The Climate Action Plan Advisory Committee shall meet in the William H.

Mendenhall Community Room for all regular Committee meetings. The regular meetings shall begin on the third Wednesday of the month at 7:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Climate Action Plan Advisory Committee shall meet at a date and time designated by the Committee.

15.2 Special Meetings

The Climate Action Plan Advisory Committee may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops

The Climate Action Plan Advisory Committee may meet informally in special meetings designated as workshops that are called by the Chairperson, the Committee liaison, or by a majority of Committee Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act.

The Climate Action Plan Advisory Committee may provide direction, but unlike other special meetings the Climate Action Plan Advisory Committee may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Climate Action Plan Advisory Committee may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within ATTACHMENT 3
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24 hours on or near the door of the place where the adjourned meeting was held.

The Chairperson, Committee liaison, or majority of Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the Climate Action Plan Advisory Committee’s annual calendar. [54955]

16. Actions Limited to Posted Agendas

The Climate Action Plan Advisory Committee shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Committee Members and staff may briefly respond to statements made or questions posed by the Climate Action Plan Advisory Committee or by members of the public addressing the Climate Action Plan Advisory Committee. Committee Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

17. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

17.1 Discovery of Good Cause Be fore an Item is Considered

17.2 Good Cause to Continue During Consideration

Once an item has been taken up for consideration, City staff, a Committee Member, or a participating party as defined in Section 21.4.4 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Committee Members present.

17.3 Public Comment for a Continued Item

If the opportunity for the public to address the Climate Action Plan Advisory Committee has concluded and the item was returned to the Climate Action Plan Advisory Committee for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Climate Action Plan Advisory Committee. [54955].

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18. Consideration of items after 11:00 p.m.

18.1 Canvass and Reorder

At 10:30 p.m., or as soon thereafter as practical, the Chairperson shall canvass staff and Committee members present to identify the remaining agenda items for consideration. The Chairperson will then identify what items will be considered or continued, and in what order. Once the Chairperson outlines the balance of the agenda, it may not be amended absent an appeal by a Committee Member.

18.2 No New Items Considered after 11:00 p.m.

Generally, the Climate Action Plan Advisory Committee will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

18.3 Exceptions

The Climate Action Plan Advisory Committee may commence consideration of an item after 11:00 p.m. under the following circumstances:

a. An item is subject to a legal deadli ne, such as a project application subject to the Permit Streamlining Act; or,

b. The Climate Action Plan Advisory Commi ttee votes to allow consideration of the item after 11:00 p.m.

19. Points of Order, Priv ilege, and Personal Privilege

A Committee Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Committee Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Climate Action Plan Advisory Committee’s meeting, such as the inability to hear testimony because of disruption.

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If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

20. Minutes - An account of all final acti ons or recommendations of the Climate Action Plan Advisory Committee shall be prepared by the staff liaison and approved by the Committee. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Committee consideration and approval as action minutes

20.1 Approval

The minutes for a Climate Action Plan Advisory Committee meeting shall be reviewed and approved as set forth in this section.

a. The Climate Action Plan Advisory Committee shall approve minutes for a regular meeting, special meeting, and special meeting workshops.

b. A Climate Action Plan Advisory Co mmittee member may not approve the minutes for any meeting that the Committee member did not attend.

Also, a Climate Action Plan Advisory Committee member may not approve the minutes for a meeting that they were not eligible to attend as a committee member.

c. If no Committee members are eligible to approve the minutes for a Climate Action Plan Advisory Committee meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes

Climate Action Plan Advisory Committee liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Climate Action Plan Advisory Committee meetings shall be action minutes that capture the action taken by the Climate Action Plan Advisory Committee and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Staff attendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

21.1. Call to Order

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This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Climate Action Plan Advisory Committee on any item of interest to the public that is within the Climate Action Plan Advisory Committee’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the Climate Action Plan Advisory Committee when that item is called for consideration.

Citizen’s forum shall be limited to 30 minutes, usually before the consent calendar.

If there are additional members of the public who wish to speak at the conclusion of the 30-minute time period, then the Chair shall reconvene the citizens forum at the conclusion of the matters for consideration portion of the agenda unless the Chair announces that citizens forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

21.3. Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require Climate Action Plan Advisory Committee discussion. Examples of items for the consent calendar include the approval of minutes. Any Climate Action Plan Advisory Committee member may pull an item for separate discussion.

Members of the public may address the Climate Action Plan Advisory Committee on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the Climate Action Plan Advisory Committee by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Committee Member interests.

21.4. Matters for Consideration

This portion of the agenda is for items of business that require Climate Action Plan Advisory Committee action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction

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The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Climate Action Plan Advisory Committee’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Climate Action Plan Advisory Committee for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Climate Action Plan Advisory Committee questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Climate Action Plan Advisory Committee.

e. Make an oral report, unless waived by the Climate Action Plan Advisory Committee.

21.4.3 Climate Action Plan Advisory Committee Questions or Comments

Following the staff presentation, the Committee Members may ask questions of City staff and consultants or make comments on the item.

21.4.4 Participating Parties

Following Committee Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Committee. After the Chair determines that no other participating parties wish to address the Climate Action Plan Advisory Committee on the hearing item, the Chairperson will then invite Committee Member questions or comments of the participating parties and staff concerning the item.

Participating parties shall address the Climate Action Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

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The purpose of the public hearing is to provide members of the public with an opportunity to address the Climate Action Plan Advisory Committee concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Climate Action Plan Advisory Committee on the item. Public speakers shall address the Climate Action Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the Climate Action Plan Advisory Committee on the hearing item, the Chairperson will formally close the public comment period and return the item to the Climate Action Plan Advisory Committee for deliberation.

21.4.6 Deliberation

Once an item of business returns to the Climate Action Plan Advisory Committee for deliberation, the Chairperson will invite the Committee Members to discuss the item to develop concurrence for a motion. Committee Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. Climate Action Plan Advisory Committee Action

After Climate Action Plan Advisory Committee deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Climate Action Plan Advisory Committee may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Climate Action Plan Advisory Committee has discretion to decide not to hear further comment if they choose. Public speakers shall address the Climate Action Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Climate Action Plan Advisory Committee shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Climate Action Plan Advisory Committee shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

21.5 Reports and Matters Initiated

This portion of the agenda is for:

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a. Each member of the Climate Action Plan Advisory Committee to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Committee member attended at the City’s expense [53232.2(d)].

b. The city staff to provide informati on of community interest to the Climate Action Plan Advisory Committee and to seek direction from the Climate Action Plan Advisory Committee concerning items to be included on future agendas.

c. The Climate Action Plan Advisory Committee to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum.

d. The Climate Action Plan Advisory Co mmittee to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Committee action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Climate Action Plan Advisory Committee during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

21.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the Climate Action Plan Advisory Committee meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Adjournment at any other point in the meeting requires a formal motion by the Climate Action Plan Advisory Committee.

22. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

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The usual order of business for special meetings and workshops shall be as follows:

22.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

22.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the Climate Action Plan Advisory Committee on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Climate Action Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the Climate Action Plan Advisory Committee on any item of interest to the public that is within the Climate Action Plan Advisory Committee’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The Climate Action Plan Advisory Committee may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

23. Citizens’ Rights

A Climate Action Plan Advisory Committee meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951].

Members of the public have the right to address the Climate Action Plan Advisory Committee and to attend its meetings. During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the Climate Action Plan Advisory Committee on any item of interest to the public that is within the Climate Action Plan Advisory Committee’s subject matter jurisdiction. Members of the public also have the right to address the Climate Action Plan Advisory Committee before the Climate Action Plan Advisory Committee considers or takes ATTACHMENT 3
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action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Climate Action Plan Advisory Committee Reports and Matters Initiated, and the Adjournment portions of the agenda.

Members of the public shall be provided an opportunity to address the Climate Action Plan Advisory Committee concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Climate Action Plan Advisory Committee are as follows:

23.1 Addressing the Climate Action Plan Advisory Committee

Members of the public that want to address the Climate Action Plan Advisory Committee during citizens forum or before the Climate Action Plan Advisory Committee considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Climate Action Plan Advisory Committee will be described at each meeting. The staff liaison will prominently display the methods to address the Climate Action Plan Advisory Committee in the William H.

Mendenhall Community Room.

Before an item is considered by the Climate Action Plan Advisory Committee, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the Climate Action Plan Advisory Committee begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Climate Action Plan Advisory Committee’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Climate Action Plan Advisory Committee members successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit

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23.3 Members of the Public Addressing the Climate Action Plan Advisory Committee

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Climate Action Plan Advisory Committee. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the Climate Action Plan Advisory Committee when called.

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Climate Action Plan Advisory Committee. A speaker is not required to provide his or her name or address to address the Climate Action Plan Advisory Committee. However, to the extent such information is relevant to the issues being considered by the Climate Action Plan Advisory Committee, the absence of such information may bear on the speaker’s credibility and the weight the Climate Action Plan Advisory Committee affords the speaker’s comments.

23.3.3 Speakers shall address thei r comments only to the Climate Action Plan Advisory Committee as a body and not to a particular member.

23.3.4 Members of the public may only address the Climate Action Plan Advisory Committee from the lectern. No member of the public, other than the speaker at the lectern, may address the Climate Action Plan Advisory Committee, unless called upon by the Chairperson.

The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Climate Action Plan Advisory Committee’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

23.3.9 Each speaker shall relinquish t he lectern when his or her time to address the Climate Action Plan Advisory Committee has expired.

The city will not provide the means for a speaker to play an electronic recording.

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23.3.11 When called upon during citizen’s forum, speakers may address the Climate Action Plan Advisory Committee on any item of interest to the public within the Climate Action Plan Advisory Committee’s subject matter jurisdiction. [54954.3(a)].

23.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Climate Action Plan Advisory Committee. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties Addressing t he Climate Action Plan Advisory Committee

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Climate Action Plan Advisory Committee, except that the participating parties shall each have up to a maximum of 10 minutes to address the Climate Action Plan Advisory Committee. The Chairperson may set and announce the time limit for each active participant to address the Climate Action Plan Advisory Committee based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Climate Action Plan Advisory Committee, shall not be prohibited. However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

23.6 Disruptive Speech and Conduct

Any person unduly disrupting a Climate Action Plan Advisory Committee meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Climate Action Plan Advisory Committee, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant- at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the Climate Action Plan Advisory Committee to complete its business.

23.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

23.7.1 Submitted after the hearing notice, but before the Agenda Publication.

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Any member of the public may submit written comments and materials to the Climate Action Plan Advisory Committee through the Climate Action Plan Advisory Committee Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The Climate Action Plan Advisory Committee Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Climate Action Plan Advisory Committee using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison. All comments submitted using the staff liaison’s electronic process will be available to the public and the Climate Action Plan Advisory Committee immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Climate Action Plan Advisory Committee in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Climate Action Plan Advisory Committee Liaison before 12:00 p.m. noon on the day of the Climate Action Plan Advisory Committee meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Climate Action Plan Advisory Committee meeting, any member of the public that desires to submit materials to the Climate Action Plan Advisory Committee for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the Climate Action Plan Advisory Committee at its meeting when the item is considered.

23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the Climate Action Plan Advisory Committee

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Climate Action Plan Advisory Committee deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

25.2 Categories of Motions

There are four categories of motions that the Climate Action Plan Advisory Committee may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Climate Action Plan Advisory Committee. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

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The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish the opposite effect of the basic motion. For example, when a basic motion is to approve a project, a hostile motion is one to deny the project. If a hostile motion is made, the process for voting on simultaneous motions is then followed.

25.3 Simultaneous Motions

The Climate Action Plan Advisory Committee may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Climate Action Plan Advisory Committee have been resolved. When two or three motions are before the Climate Action Plan Advisory Committee, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Climate Action Plan Advisory Committee should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

25.4 Debatable and Non-debatable Motions

25.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 25.4.2. Debate on a motion should continue as long as Committee Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

25.4.2 Non-Debatable Motions

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a. Motion to Adjourn. If passed, a motion to adjourn requires the Climate Action Plan Advisory Committee to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the Climate Action Plan Advisory Committee to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Climate Action Plan Advisory Committee to adjourn at a specific time set in the motion.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table but is generally used when good cause exists or in response to a request by staff, a Committee Member, or a participating party, as set forth in Section 17 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Climate Action Plan Advisory Committee at a future meeting.

f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further Climate Action Plan Advisory Committee deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Climate Action Plan Advisory Committee as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals

25.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Climate Action Plan Advisory Committee may be made as follows: (1) The motion must be made by a Committee Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Committee Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating ATTACHMENT 3
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parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

25.5.2 Committee Member Appeal

26. Action and Direction

26.1 Votes, General Rules

Unless otherwise provided, the Climate Action Plan Advisory Committee’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Committee Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

26.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the Chairperson may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Committee Member absence, and the absent Committee Member does not have a conflict of interest related to the item being voted on, the Climate Action Plan Advisory Committee may continue the item to a subsequent ATTACHMENT 3
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meeting when the absent Committee Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the Climate Action Plan Advisory Committee and an appeal could be submitted for final decision by the City Council.

26.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the Climate Action Plan Advisory Committee’s actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of eleven and may diminish accountability of Committee Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Committee Member’s right to choose not to speak or vote on an item.

This rule is intended to expressly modify Rosenberg’s Rules of Order, Revised 2011 for counting votes with regard to abstentions and silence by a Committee Member.

26.4 Protests

Any Committee Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

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CITY OF LIVERMORE

COMMUNITY ASSET MANAGEMENT PROGRAM

OUTREACH COMMITTEE
(CAMP OUTREACH)

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
March 2021 April 2022
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COMMUNITY ASSET MANAGEMENT PROGRAM OUTREACH COMMITTEE
APRIL 2022

CITY OF LIVERMORE

COMMUNITY ASSET MANAGEMENT PROGRAM

OUTREACH COMMITTEE (CAMP OUTREACH)

RULES OF PROCEDURE

1. Mission, Duties, and Responsibilities

The Community Asset Management Program Outreach Committee shall have the following mission, duties, and responsibilities:

Mission

The mission of the Community Asset Management Program Outreach Committee is to provide advice and direction on educating and engaging the community in decisions related to the long-term maintenance of the City’s infrastructure CAMP members will provide input into the development of a communication and outreach campaign; provide input on discussions related to specific priorities and help extend the reach and effectiveness of the City’s efforts. CAMP members serve in an advisory capacity, with their input serving as recommendations that inform strategy, approach and decision making.

Duties and Responsibilities

The Community Asset Management Program Outreach Committee shall have the following duties and responsibilities:

 Help the City understand community member opinions, priorities, and perceptions related to the importance and need for dedicated effort to maintain City infrastructure
 Participate in discussions and provide input into City efforts to identify, create, and/or revise policies to support maintenance of City assets  Provide advice to City staff, consult ants, elected officials, and other key stakeholders on educational efforts to explain how potential asset management decisions, policies, and strategies may impact the economy, environment, and overall quality of life in Livermore
 Serve as an ambassador for the outreac h efforts and support and participate in outreach activities in person, through digital communications, or other activities

2. Members

The Community Asset Management Program Outreach Committee, also known as CAMP Outreach, shall consist of nine (9) members, all of whom shall reside or ATTACHMENT 4
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own/operate/or represent a business or organization in Livermore. To encourage a wide array of perspectives and opinions, and to the extent that su ch individuals are interested and available, the Communi ty Asset Management Program Outreach Committee could include representatives from the following categories:

Large and/or small business, nonprofit organization, co mmunications expertise, education, public health, environm ental, construction, utility, infrastructure, landlord, rental property group, low-income resi dent, resident under 30, retired resident, resident at large.

Some categories may be best served by ha ving more than one representative and some individuals can represent more t han one category. Overall, members shall represent the diversity of Livermo re’s demographics and be geographically distributed.

3. Term limits

The Community Asset Management Progra m Outreach Committee is a limited duration committee. It is anticipated t hat members will serve through December 20232.

4. Attendance Policy

Attendance of committee members is mandator y at all meetings. Members who are unable to attend a meeting must notify the staff lia ison of their absence prior to the meeting. A committee member may be subj ect for removal after two absences. The staff liaison will document all absences and report to the City Clerk when a member of the Committee has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Committee is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Committee rests solely with the City Council.

5. Elections and Officers

The Community Asset Management Progra m Outreach Committee shall elect a chairperson and a vice chairperson at its first meeting. Election of the officers shall be by majority vote of the Community Asset Management Program Outreach Committee.

The role of the officers shall be as follows:

a. Chairperson – The Chairper son shall preside at all regular meetings and may call special meetings. The Chairperson shal l decide upon all poi nts of order and procedure during the meeting.

b. Vice Chairperson – The Vice Chair person shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

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c. Presiding Officer – In the absence of the Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings -

The Community Asset Management Program Outreach Committee will convene beginning in 2020. Meetings shall meetbe held on the fourth Wednesday of the months at 6:00 pm at the William H. Mendenhall Community RoomCivic Center Library , at 1188 1016 South Livermore Avenue. Specific dates are to be determined. All meetings shall be open to the public. The Communi ty Asset Management Program Outreach Committee may not meet in closed session. Committee members may not participate in a meeting remotely, via teleconference or videoconference.

7. Agenda Preparati on and Posting - The staff liaison shall post the notices and agendas for each Community Asset Management Program Outreach Committee meeting in the kiosk in front of City Hall, the Kiosk in fr ont of the Civic Center Meeting Hall, and on the City’s website.

a. Regular Meetings

b. Special Meetings and Workshops

8. Minutes of Proceedings

An account of all proceedings of t he Community Asset Management Program Outreach Committee shall be prepared by the staff liaison, agendized, and approved by the Community Asset Management Program Outreach Committee. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine t he preferred software/record ing device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Committee consideration and approval as action minutes.

9. Quorum

Five members constitute a quorum of the Community Asset Management Program Outreach Committee. A quorum of the members must be present to conduct any ATTACHMENT 4
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business. In the absence of a quorum at a meeting, the meeting must be adjourned.

The matters listed on the agenda shall be tak en up at the next scheduled meeting of the Community Asset Management Progr am Outreach Committee if deemed necessary. A meeting may also be declar ed adjourned in advance, if absence notifications received by staff create a lack of a quorum. Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

a. All meetings shall be held in accordance with City policies and the Brown Act Open Meeting Laws (Government Code sections 54950 and following). Only items listed on the agenda may be considered by the Community Asset Management Program Outreach Committee.

b. General Conduct of Meetings – Points of order shall be settled by the Chairperson.

Points of order shall comply with the Brown Act, Rosenberg’s Rules of Order (see Appendix A), Community Asset Managem ent Program Outreach Committee Rules of Procedure, and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

c. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order. The Community Asset Management Program Outreach Committee shall not take a sealed ballot vote.

d. Call to Order - The Chairperson shall ca ll the meeting to order at the appointed time. If both the Chairperson and the Vice Chairperson are absent, then the staff liaison shall call the meeting to order, and the Committee Mem bers present shall then select a presiding officer for that meeting.

e. Preservation of Order - The Chairperson shall preserve strict order and decorum, and shall discourage personal , verbal attacks on Commi ttee Members, staff, and/or citizens, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the Community Asset Management Program Outreach Commi ttee or members of the City staff.

The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

f. Reordering of Agenda - The Chairpers on may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Community Asset Management Program Outreach Committee later in the meeting. The Chairperson shall announce the reorder prior to callin g members of the public to speak during citizens forum.

g. Motion to be Stated - The Chairperson shall state all motions submitted for a vote by the Community Asset Management Program Outreach Committee and announce the result of the vote and id entify the no votes and any Committee ATTACHMENT 4
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Members that abstained or recused themselv es from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and (c)(2)].

11. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the Community Asset Management Program Outreach Committee on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Community Asset Management Program Outreach Committee. The Chairperson may establish time limits per individual speaker. The Community Asset Management Program Outreach Committee shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Community Asset Management Program Outreach Committee, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Community Asset Management Program Outreach Committee agenda.

12. Subcommittees

The Community Asset Management Program Outreach Committee may create standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings). Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

13. Staff Support

The head of the department responsible for supporting the Community Asset Management Program Outreach Committee s hall designate one or more employees to serve as staff liaison to the Community Asset Management Program Outreach Committee. The Staff Liaison shall pr epare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson, and generally assist the Community Asset Management Program Outreach Committee in performing its duties. The Staff Liaison shall have no voting authority.

However, the Committee may pursue self-initiated projects that can be accomplished utilizing the city resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

14. Rules of Parliamentary Procedure

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15. Types of Meetings

15.1 Regular Meetings

The Community Asset Management Program Outreach Committee shall meet in the William H. Mendenhall Community Room for all regular Committee meetings.

The regular meetings shall begin on the fourth Wednesday of the month at 6:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Community Asset Management Program Outreach Committee shall meet at a date and time designated by the Committee.

15.2 Special Meetings

Special meetings may be called by the Committee Chair, the Committee liaison or by a majority of Committee members. The call and notice for a special meeting must specify the items to be considered and the date, time, and location for the meeting. [36807, 54956(a)].

The Community Asset Management Program Outreach Committee may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops

The Community Asset Management Program Outreach Committee may meet informally in special meetings designated as workshops that are called by the Chairperson, the Committee liaison, or by a majority of Committee Members.

Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act.

The Community Asset Management Program Outreach Committee may provide direction, but unlike other special meetings the Community Asset Management Program Outreach Committee may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Community Asset Management Program Outreach Committee may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Chairperson, Committee liaison, or majority of Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the Community Asset Management Program Outreach Committee’s annual calendar. [54955] ATTACHMENT 4
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16. Actions Limited to Posted Agendas

The Community Asset Management Program Outreach Committee shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Committee Members and staff may briefly respond to statements made or questions posed by the Community Asset Management Program Outreach Committee or by members of the public addressing the Community Asset Management Program Outreach Committee. Committee Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

17. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

17.1 Discovery of Good Cause Be fore an Item is Considered

17.2 Good Cause to Continue During Consideration

17.3 Public Comment for a Continued Item

If the opportunity for the public to address the Community Asset Management Program Outreach Committee has concluded and the item was returned to the Community Asset Management Program Outreach Committee for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Community Asset Management Program Outreach Committee. [54955].

18. Consideration of items after 11:00 p.m.

18.1 Canvass and Reorder

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18.2 No New Items Considered after 11:00 p.m.

Generally, the Community Asset Management Program Outreach Committee will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

18.3 Exceptions

The Community Asset Management Program Outreach Committee may commence consideration of an item after 11:00 p.m. under the following circumstances:

a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,

b. The Community Asset Management Program Outreach Committee votes to allow consideration of the item after 11:00 p.m.

19. Points of Order, Priv ilege, and Personal Privilege

A Committee Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Committee Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Community Asset Management Program Outreach Committee’s meeting, such as the inability to hear testimony because of disruption.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

20. Minutes - An account of all final ac tions or recommendations of the Community Asset Management Program Outreach Committee shall be prepared by the staff liaison and approved by the Committee. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Committee consideration and approval as action minutes

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20.1 Approval

The minutes for an Community Asset Management Program Outreach Committee meeting shall be reviewed and approved as set forth in this section.

a. The Community Asset Management Program Outreach Committee shall approve minutes for a regular meeting, special meeting, and special meeting workshops.

b. A Community Asset Management Program Outreach Committee member may not approve the minutes for any meeting that the Committee members did not attend.

Also, a Community Asset Management Program Outreach Committee member may not approve the minutes for a meeting that they were not eligible to attend as Committee members.

c. If no Committee members are eligible to approve the minutes for a Community Asset Management Program Outreach Committee meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes

Community Asset Management Program Outreach Committee liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Community Asset Management Program Outreach Committee meetings shall be action minutes that capture the action taken by the Community Asset Management Program Outreach Committee and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Sta ff attendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

21.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Community Asset Management Program Outreach Committee on any item of interest to the public that is within the Community Asset Management Program Outreach Committee’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed ATTACHMENT 4
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elsewhere on the agenda should be reserved and addressed to the Community Asset Management Program Outreach Committee when that item is called for consideration.

Citizen’s forum shall be limited to 30 minutes, usually before the consent calendar.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

21.3. Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require Community Asset Management Program Outreach Committee discussion. Examples of items for the consent calendar include the approval of minutes. Any Community Asset Management Program Outreach Committee member may pull an item for separate discussion. Members of the public may address the Community Asset Management Program Outreach Committee on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the Community Asset Management Program Outreach Committee by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Committee Member interests.

21.4. Matters for Consideration

This portion of the agenda is for items of business that require Community Asset Management Program Outreach Committee action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Community Asset Management ATTACHMENT 4
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Program Outreach Committee’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Community Asset Management Program Outreach Committee for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Community Asset Management Program Outreach Committee questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Community Asset Management Program Outreach Committee.

e. Make an oral report, unless waived by the Community Asset Management Program Outreach Committee.

21.4.3 Community Asset Management Program Outreach Committee Questions or Comments

Following the staff presentation, the Committee Members may ask questions of City staff and consultants or make comments on the item.

21.4.4 Participating Parties

Following Committee Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Committee. After the Chair determines that no other participating parties wish to address the Community Asset Management Program Outreach Committee on the hearing item, the Chairperson will then invite Committee Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the Community Asset Management Program Outreach Committee following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the Community Asset Management Program Outreach Committee concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Community Asset Management Program Outreach Committee on the item.

Public speakers shall address the Community Asset Management Program Outreach Committee following the procedures set forth in Section 23 Citizens’ Rights.

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After the Chairperson determines that no other member of the public wishes to address the Community Asset Management Program Outreach Committee on the hearing item, the Chairperson will formally close the public comment period and return the item to the Community Asset Management Program Outreach Committee for deliberation.

21.4.6 Deliberation

Once an item of business returns to the Community Asset Management Program Outreach Committee for deliberation, the Chairperson will invite the Committee Members to discuss the item to develop concurrence for a motion.

Committee Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. Community Asset Management Program Outreach Committee Action

After Community Asset Management Program Outreach Committee deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Community Asset Management Program Outreach Committee may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Community Asset Management Program Outreach Committee has discretion to decide not to hear further comment if they choose. Public speakers shall address the Community Asset Management Program Outreach Committee following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Community Asset Management Program Outreach Committee shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Community Asset Management Program Outreach Committee shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

21.5 Reports and Matters Initiated

This portion of the agenda is for:

a. Each member of the Community Asset Management Program Outreach Committee to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Committee members attended at the City’s expense [53232.2(d)].

b. The city staff to provide information of community interest to the Community Asset Management Program Outreach Committee and to seek direction from ATTACHMENT 4
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the Community Asset Management Program Outreach Committee concerning items to be included on future agendas.

c. The Community Asset Management Program Outreach Committee to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum.

d. The Community Asset Management Program Outreach Committee to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Committee action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Community Asset Management Program Outreach Committee during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

21.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the Community Asset Management Program Outreach Committee meeting to its next meeting.

The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Adjournment at any other point in the meeting requires a formal motion by the Community Asset Management Program Outreach Committee.

22. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

22.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

22.2. Public Comment
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The purpose of this portion of the agenda is to provide the public with the opportunity to address the Community Asset Management Program Outreach Committee on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Community Asset Management Program Outreach Committee following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizen’s forum or opportunity for the public to address the Community Asset Management Program Outreach Committee on any item of interest to the public that is within the Community Asset Management Program Outreach Committee’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The Community Asset Management Program Outreach Committee may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

23. Citizens’ Rights

A Community Asset Management Program Outreach Committee meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the Community Asset Management Program Outreach Committee and to attend its meetings.

During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the Community Asset Management Program Outreach Committee on any item of interest to the public that is within the Community Asset Management Program Outreach Committee’s subject matter jurisdiction. Members of the public also have the right to address the Community Asset Management Program Outreach Committee before the Community Asset Management Program Outreach Committee considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Community Asset Management Program Outreach Committee Reports and Matters Initiated, and the Adjournment portions of the agenda.

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Asset Management Program Outreach Committee concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Community Asset Management Program Outreach Committee are as follows:

23.1 Addressing the Community Asset Management Program Outreach Committee

Members of the public that want to address the Community Asset Management Program Outreach Committee during citizens forum or before the Community Asset Management Program Outreach Committee considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Community Asset Management Program Outreach Committee will be described at each meeting. The staff liaison will prominently display the methods to address the Community Asset Management Program Outreach Committee in the William H.

Mendenhall Community Room.

Before an item is considered by the Community Asset Management Program Outreach Committee, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item.

Generally, once the Community Asset Management Program Outreach Committee begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Community Asset Management Program Outreach Committee’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Community Asset Management Program Outreach Committee members successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit

23.3 Members of the Public Addressing the Community Asset Management Program Outreach Committee
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23.3.1 A list of people who have request ed to speak shall be used to call each speaker to address the Community Asset Management Program Outreach Committee. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the Community Asset Management Program Outreach Committee when called.

23.3.2 The Chairperson may request eac h speaker to state his or her name and city of residence before addressing the Community Asset Management Program Outreach Committee. A speaker is not required to provide his or her name or address to address the Community Asset Management Program Outreach Committee. However, to the extent such information is relevant to the issues being considered by the Community Asset Management Program Outreach Committee, the absence of such information may bear on the speaker’s credibility and the weight the Community Asset Management Program Outreach Committee affords the speaker’s comments.

23.3.3 Speakers shall address their comments only to the Community Asset Management Program Outreach Committee as a body and not to a particular member.

23.3.4 Members of the public ma y only address the Community Asset Management Program Outreach Committee from the lectern. No member of the public, other than the speaker at the lectern, may address the Community Asset Management Program Outreach Committee, unless called upon by the Chairperson.

The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Community Asset Management Program Outreach Committee’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

23.3.9 Each speaker shall relinquish t he lectern when his or her time to address the Community Asset Management Program Outreach Committee has expired.

23.3.10 A speaker may use his or her a llotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Community Asset Management Program Outreach Committee in a non-disruptive manner, provided those activities are completed ATTACHMENT 4
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within the allotted time. The city will not provide the means for a speaker to play an electronic recording.

23.3.11 When called upon during citizen’s forum, speakers may address the Community Asset Management Program Outreach Committee on any item of interest to the public within the Community Asset Management Program Outreach Committee’s subject matter jurisdiction. [54954.3(a)].

23.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Community Asset Management Program Outreach Committee. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties Addressing the Community Asset Management Program Outreach Committee

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Community Asset Management Program Outreach Committee, except that the participating parties shall each have up to a maximum of 10 minutes to address the Community Asset Management Program Outreach Committee. The Chairperson may set and announce the time limit for each active participant to address the Community Asset Management Program Outreach Committee based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Community Asset Management Program Outreach Committee, shall not be prohibited. However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

23.6 Disruptive Speech and Conduct

Any person unduly disrupting a Community Asset Management Program Outreach Committee meeting may be requested by the Chairperson to leave the meeting.

The Chairperson shall discourage demonstrations before the Community Asset Management Program Outreach Committee, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the Community Asset Management Program Outreach Committee to complete its business.

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23.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

23.7.1 Submitted after the hearing notice, but before the Agenda Publication.

Any member of the public may submit written comments and materials to the Community Asset Management Program Outreach Committee through the Community Asset Management Program Outreach Committee Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The Community Asset Management Program Outreach Committee Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Community Asset Management Program Outreach Committee using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison. All comments submitted using the staff liaison’s electronic process will be available to the public and the Community Asset Management Program Outreach Committee immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Community Asset Management Program Outreach Committee in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Committee liaison before 12:00 p.m. noon on the day of the Community Asset Management Program Outreach Committee meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Community Asset Management Program Outreach Committee meeting, any member of the public that desires to submit materials to the Community Asset Management Program Outreach Committee for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the Community Asset Management Program Outreach Committee at its meeting when the item is considered.

23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the Community Asset Management Program Outreach Committee

Once a meeting is called to order, no member of the public shall enter the area between the Committee and public seating without an invitation from the ATTACHMENT 4
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Chairperson. Members of the public may enter the area before and after the meeting, and during a recess, for the purpose of interacting with the individual Committee Members and City staff.

24. Community Asset Management Program Outreach Committee Deliberation

Community Asset Management Program Outreach Committee deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

25.2 Categories of Motions

There are four categories of motions that the Community Asset Management Program Outreach Committee may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Community Asset Management Program Outreach Committee. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial ATTACHMENT 4
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basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

25.3 Simultaneous Motions

The Community Asset Management Program Outreach Committee may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Community Asset Management Program Outreach Committee have been resolved. When two or three motions are before the Community Asset Management Program Outreach Committee, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Community Asset Management Program Outreach Committee should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

25.4 Debatable and Non-debatable Motions

25.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 25.4.2. Debate on a motion should continue as long as Committee Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

25.4.2 Non-Debatable Motions

Non-debatable motions are procedural and terminating motions. Certain motions once made immediately stop the Committee’s deliberations and, upon receipt of a ATTACHMENT 4
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second, should be voted on immediately. The Committee’s non-debatable motions are as follows:

a. Motion to Adjourn. If passed, a motion to adjourn requires the Community Asset Management Program Outreach Committee to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the Community Asset Management Program Outreach Committee to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Community Asset Management Program Outreach Committee to adjourn at a specific time set in the motion.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table but is generally used when good cause exists or in response to a request by staff, a Committee Member, or a participating party, as set forth in Section 17 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Community Asset Management Program Outreach Committee at a future meeting.

f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further Community Asset Management Program Outreach Committee deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Committee as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals

25.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Community Asset Management Program Outreach Committee may be made as follows: (1) The motion must be made by a Committee Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be ATTACHMENT 4
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seconded by any Committee Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

25.5.2 Committee Member Appeal

26. Action and Direction

26.1 Votes, General Rules

Unless otherwise provided, the Community Asset Management Program Outreach Committee’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Committee Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

26.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the Chairperson may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Committee Member absence, and the absent Committee Member does not have a conflict of interest related to the item being voted on, the ATTACHMENT 4
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Community Asset Management Program Outreach Committee may continue the item to a subsequent meeting when the absent Committee Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the Community Asset Management Program Outreach Committee and an appeal could be submitted for final decision by the City Council.

26.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the Community Asset Management Program Outreach Committee’s actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of nine and may diminish accountability of Committee Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Committee Member’s right to choose not to speak or vote on an item.

This rule is intended to expressly modify Rosenberg’s Rules of Order, Revised 2011 for counting votes with regard to abstentions and silence by a Committee Member.

26.4 Protests

Any Committee Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

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CITY OF LIVERMORE

COMMISSION FOR THE ARTS

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
January 2016April 2022
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CITY OF LIVERMORE

COMMISSION FOR THE ARTS

RULES OF PROCEDURE

Revised: January 2016April 2022

1. Duties and Responsibilities – The Co mmission for the Arts shall have the following powers and duties:

a. Encourage programs for the cultural enrichment of the city.

b. Make annual recommendations to the City Council establishing art priorities for the City.

c. Receive input from the community on issues relevant to arts policies.

d. Develop and recommend to the Council a five-to-ten-year cultural arts plan for the city, including goals, implementation strategies and financing methods. The Commission shall review the plan every five years and update it as necessary.

e. Review and approve public art or make recommendations regarding public art, in accordance with established procedures.

f. Review and approve Public Art Fund grant applications.

g. Support the goals and prioriti es adopted by the City Council.

2. Members - The Commission for the Arts shall consist of nine members. Each member shall be appointed by the City Council and must be a Livermore resident.

All Commission members shall have a demonstrated interest in and knowledge of the arts. In making appointments to the Commission, the Council shall also consider members with organizational, business or financial skills and members with an understanding of marketing techniques, as well as members who are representatives of local business or non-arts community groups. Members appointed after January 2016 shall not include persons that are board members or officers of nonprofit or professional organizations that are eligible to apply for public art funding or with a demonstrated conflict of interest.

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3. Term limits – Members of the Commission for the Arts shall serve a maximum of two consecutive four-year terms, for a total of eight consecutive years. Time served in an unexpired term shall not count against the eight-year maximum limit.

Commission for the Arts members who have already completed eight years of service are not eligible for reappointment to an unexpired term. However, members may be appointed back to the Commission for the Arts after a break in service of two years.

4. Attendance Policy – Commission for the Arts members may miss four meetings per calendar year. A member who misses more than four meetings per year may be subject to removal from the Commission for the Arts. The staff liaison will document all absences and report to the City Clerk when a member of the Commission has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Commission is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Commission rests solely with the City Council.The Commissio n for the Arts may request that the City Council remove from the Commission for the Arts any members who miss more than four meetings per year. The member may appeal the request for the removal to the City Council. The final dec ision to remove a member from the Commission for the Arts rests solely with the City Council.

5. Elections and Officers – The Commission for the Arts shall elect a chairperson and a vice chairperson at the first meeting held after January 1st of each year.

Election of the officers shall be by majority vote of the Commission for the Arts.

The role of the officers shall be as follows:

a. Chairperson – The chairperson shal l preside at all regular meetings and may call special meetings. The Chairp erson shall decide upon all points of order and procedure during the meeting.

b. Vice Chairperson - The Vice Chair person shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

c. Presiding Officer – In the absen ce of the Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings – The Commission for the Arts shall meet on the fourth Tuesday of each month at 4:30 p.m. at the Civic Center LibraryWilliam H. Mendenhall Community Room at 1016 S. Livermore Avenue, Livermore, CA. Meetings shall begin promptly as noticed pursuant to this provision. The Commission shall adopt an annual meeting calendar listing all regular meetings for the calendar year. The calendar shall be published on the City's website. All meetings shall be open to the public. The Commission fo r the Arts may not meet in closed session. Commission for the Arts members may not participate in a meeting ATTACHMENT 5
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remotely, via teleconference or videoconference.

7. Agenda Preparation and Posting – The staff liaison shall post the notices and agendas for each Commission for the Arts meeting in the kiosk in front of City Hall, the Kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

a. Regular Meetings

b . b . Special Meetings and Workshops

7.8. Notice of the call for a special meeting must be delivered and received by each Commission Member and the media at least 24 hours before the special meeting and must be posted at least 24 hours before the special meeting date. The agenda shall specify the time and location of the meeting, contain a brief description of each item of business to be transacted or discussed at the meeting, and state who called the special meeting. [54956]. Agenda s for special meetings shall be prepared and posted in accordance with the requirements of the Brown Act.

8.9. Minutes of Proceedings – An account of all proceedings of the Commission for the Arts shall be prepared by the staff liaison and approved by the Commission for the Arts.

9.10. Quorum – Five members constitute a quorum of the Commission for the Arts. A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next regularly scheduled meeting of the Commission for the Arts or scheduled for a special meeting if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of a quorum. Cancellations of meetings must comply with the requirements of the Brown Act.

10.11. Conduct at Meetings

a. All meetings shall be held in accordance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the Commission for the Arts.

b. General Conduct of Meetings – Poin ts of order shall be settled by the Chairperson. Points of order s hall comply with the Brown Act, Rosenberg’s Rules of Order, Revised 2011, Commission for the Arts Rules ATTACHMENT 5
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of Procedure, and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

c. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order, Revised 2011Robert’s Rules of Order and Parliamentary Procedures. The Commission for the Arts shall not take a sealed ballot vote in open session.

d. Call to Order - The Chairperson s hall call the meeting to order at the appointed time. If both the Chairperson and the Vice Chairperson are absent, then the staff liaison shall call the meeting to order, and the Commission Members present shall then select a presiding officer for that meeting.

e. Preservation of Order - The Chairperson shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Commission Members, staff, and/or citizens, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the Commission for the Arts or members of the City staff. The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

f. Reordering of Agenda - The Chairperson may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Commission for the Arts later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

g. Motion to be Stated - The Chairpers on shall state all motions submitted for a vote by the Commission for the Arts and announce the result of the vote and identify the no votes and any Commission Members that abstained or recused themselves from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record, and report roll call votes. [54953(b)(2) and (c)(2)].

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11.12. Citizens’ Forum

Every agenda shall provide the opportunity for members of the public to address the Commission for the Arts on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Commission for the Arts. The Chairperson may establis h time limits per individual speaker.

The Commission for the Arts shall not discuss nor take action on subjects raised under Citizens’ Forum but the Chairperson, with the concurrence of a majority of the Commission for the Arts, may direct staff to place subjects raised under Citizens’ Forum on a future Commission for the Arts agenda.

12.13. Subcommittees

The Commission for the Arts may create standing subcommittees (those with ongoing subject- matter jurisdiction and regularly scheduled meetings). Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

13.14. Staff Support

The head of the department that is responsible for supporting the Commission for the Arts shall designate one or more employees to serve as staff liaison to the Commission for the Arts. The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee and generally assist the Commission for the Arts in performing its duties. The Staff Liai son shall have no voting authority.

Committee Members must work with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to complete that year. However, the Commission may pursue self- initiated projects that can be accomplished utilizing the city resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

14.15. Funding Priorities

At the beginning of each calendar year, the commission shall establish funding priorities for the Public Art Fund including the amount of funding to be made available under each funding category. These priorities shall be used to establish which projects and programs will be funded over the following year.

15.16. Funding Recommendations

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applications for proposed projects and programs on no more than a quarterly basis. Funding recommendations shall be made based on the priorities established by the Commission for the Arts at the start of the year.

Program funding shall be broken down into the following categories:

a. Mini Grants - to be funded up to $1 ,000 per grant. Applications to be received on a quarterly basis. No council approval needed.

b. Program/Project Grants- to be funded from $1,001 to $10,000 per grant.

Applications to be received and reviewed on a biannual basis and shall be brought to Council for final approval.

c. Special Projects Grants - over $10,001. Applications to be received and reviewed on an annual basis and shall be bought to Council for final approval.

Projects and programs may apply and receive funding no more than once each year. No single project or individual performance may receive multiple year funding.

16. Rules of Parliamentary Procedure

17. Types of Meetings

17.1 Regular Meetings

The Commission for the Arts shall meet in the William H. Mendenhall Community Room for all regular Commission meetings. The regular meetings shall begin on the fourth Tuesday of each month at 4:30 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Commission for the Arts shall meet at a date and time designated by the Commission.

17.2 Special Meetings

The Commission for the Arts may take final action at a special meeting that is not a workshop.

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17.3 Special Meeting Workshops

The Commission for the Arts may meet informally in special meetings designated as workshops that are called by the Chairperson, the Commission liaison, or by a majority of Commission Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act.

The Commission for the Arts may provide direction, but unlike other special meetings the Commission for the Arts may not take a final action at a workshop. [54956].

17.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Commission for the Arts may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

18. Actions Limited to Posted Agendas

The Commission for the Arts shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Commission Members and staff may briefly respond to statements made or questions posed by the Commission for the Arts or by members of the public addressing the Commission for the Arts. Commission Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

19. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

19.1 Discovery of Good Cause Be fore an Item is Considered

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19.2 Good Cause to Continue During Consideration

19.3 Public Comment for a Continued Item

If the opportunity for the public to address the Commission for the Arts has concluded and the item was returned to the Commission for the Arts for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Commission for the Arts. [54955].

20. Consideration of it ems after 11:00 p.m.

20.1 Canvass and Reorder

20.2. No New Items Considered after 11:00 p.m.

Generally, the Commission for the Arts will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

20.3 Exceptions

The Commission for the Arts may commence consideration of an item after 11:00 p.m. under the following circumstances:

a. An item is subject to a legal deadli ne, such as a project application subject to the Permit Streamlining Act; or,

b. The Commission for the Arts votes to allow consideration of the item after 11:00 p.m.

21. Points of Order, Privilege, and Personal Privilege

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failure to observe these Rules of Procedure or the rules of parliamentary procedure.

A Commission Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Commission Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Commission for the Arts’ meeting, such as the inability to hear testimony because of disruption.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

22. Minutes - An account of all final ac tions or recommendations of the Commission for the Arts shall be prepared by the staff liaison and approved by the Commission.

The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as action minutes.

22.1 Approval

The minutes for an Commission for the Arts meeting shall be reviewed and approved as set forth in this section.

a. The Commission for the Arts shall appr ove minutes for a regular meeting, special meeting, and special meeting workshops.

b. A Commissioner may not approve the minutes for any meeting that the Commissioner did not attend.

Also, a Commission for the Arts Member may not approve the minutes for a meeting that they were not eligible to attend as a Commissioner.

c. If no Commissioners are eligib le to approve the minutes for a Commission for the Arts meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

22.2 Preferred Method of Recordation and Minutes

Commission for the Arts liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Commission for the Arts meetings shall be action minutes that capture the ATTACHMENT 5
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action taken by the Commission for the Arts and the outcome of each agenda item.

22.3 Staff Attendance & Development of Agenda - Staff attendance and agenda development will be determined by the staff liaison for the advisory body.

23. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

23.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

23.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Commission for the Arts on any item of interest to the public that is within the Commission for the Arts’ subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the Commission for the Arts when that item is called for consideration.

Citizen’s forum shall be limited to 30 minutes, usually before the consent calendar.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

23.3. Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require Commission for the Arts discussion. Examples of items for the consent calendar include the approval of minutes. Any Commission for the Arts Member may pull an item for separate discussion. Members of the public may address the Commission for the Arts on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the Commission for the Arts by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Commission Member interests.

23.4. Matters for Consideration
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This portion of the agenda is for items of business that require Commission for the Arts action, direction, or receipt of reports that do not also require a public hearing.

The procedures for this portion of the agenda follow the following procedure:

23.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

23.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Commission for the Arts’ consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Commission for the Arts for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Commission for the Arts questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Commission for the Arts.

e. Make an oral report, unless waiv ed by the Commission for the Arts.

23.4.3 Commission for the Arts Questions or Comments

Following the staff presentation, the Commission Members may ask questions of City staff and consultants or make comments on the item.

23.4.4 Participating Parties

Following Commission Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Commission. After the Chair determines that no other participating parties wish to address the Commission for the Arts on the item, the Chairperson will then invite Commission Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the Commission for the Arts following the procedures set forth in Section 23 Citizens’ Rights.

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23.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the Commission for the Arts concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Commission for the Arts on the item. Public speakers shall address the Commission for the Arts following the procedures set forth in Section

23.4.6 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the Commission for the Arts on the item, the Chairperson will formally close the public comment period and return the item to the Commission for the Arts for deliberation.

23.4.7 Deliberation

Once an item of business returns to the Commission for the Arts for deliberation, the Chairperson will invite the Commission Members to discuss the item to develop concurrence for a motion. Commission Members may ask questions of staff and the participating parties as part of their deliberations.

23.4.8. Commission for the Arts Action

After Commission for the Arts deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Commission for the Arts may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Commission for the Arts has discretion to decide not to hear further comment if they choose. Public speakers shall address the Commission for the Arts following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Commission for the Arts shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Commission for the Arts shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

23.5 Reports and Matters Initiated

This portion of the agenda is for:

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a. Each member of the Co mmission for the Arts to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Commissioner attended at the City’s expense [53232.2(d)].

b. The city staff to provide informa tion of community interest to the Commission for the Arts and to seek direction from the Commission for the Arts concerning items to be included on future agendas.

c. The Commission for the Arts to prov ide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum;.

d. The Commission for the Arts to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Commission action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Commission for the Arts during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

23.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the Commission for the Arts meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Adjournment at any other point in the meeting requires a formal motion by the Commission for the Arts.

24. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

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24.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

24.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the Commission for the Arts on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Commission for the Arts following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizen’s forum or opportunity for the public to address the Commission for the Arts on any item of interest to the public that is within the Commission for the Arts’ subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

24.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The Commission for the Arts may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

24.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

25. Citizens’ Rights

A Commission for the Arts Meeting meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951].

Members of the public have the right to address the Commission for the Arts and to attend its meetings. During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the Commission for the Arts on any item of interest to the public that is within the Commission for the Arts’ subject matter jurisdiction. Members of the public also have the right to address the Commission for the Arts before the Commission for the Arts considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Commission for the Arts Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the Commission for the Arts concerning any ATTACHMENT 5
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item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Commission for the Arts are as follows:

25.1 Addressing the Commission for the Arts

Members of the public that want to address the Commission for the Arts during citizens forum or before the Commission for the Arts considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Commission for the Arts will be described at each meeting. The staff liaison will prominently display the methods to address the Commission for the Arts in the William H. Mendenhall Community Room.

Before an item is considered by the Commission for the Arts, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the Commission for the Arts begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Commission for the Arts’ meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Commission for the Arts’ successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

25.2 Speaker Time Limit

25.3 Members of the Public Addre ssing the Commission for the Arts

25.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Commission for the Arts. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the Commission for the Arts when called.

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25.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Commission for the Arts. A speaker is not required to provide his or her name or address to address the Commission for the Arts. However, to the extent such information is relevant to the issues being considered by the Commission for the Arts, the absence of such information may bear on the speaker’s credibility and the weight the Commission for the Arts affords the speaker’s comments.

25.3.3 Speakers shall address their comments only to the Commission for the Arts as a body and not to a particular member.

25.3.4 Members of the public may onl y address the Commission for the Arts from the lectern. No member of the public, other than the speaker at the lectern, may address the Commission for the Arts, unless called upon by the Chairperson.

25.3.5 No question shall be asked of Commission Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a Commission Member, except through the Chairperson. Commission Members, the Chairperson, and the speaker are not obligated to answer any questions asked.

The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

25.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Commission for the Arts’ meeting.

25.3.7 Speakers are encouraged to avoid repetition.

25.3.8 Speakers are encouraged to avoid making personal attacks.

25.3.9 Each speaker shall relinquish t he lectern when his or her time to address the Commission for the Arts has expired.

25.3.10 A speaker may use his or her a llotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Commission for the Arts in a non-disruptive manner, provided those activities are completed within the allotted time. The City will not provide the means for a speaker to play an electronic recording.

25.3.11 When called upon during citizen’s forum, speakers may address the Commission for the Arts on any item of interest to the public within the Commission for the Arts’ subject matter jurisdiction. [54954.3(a)].

25.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Commission for the Arts. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

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Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Commission for the Arts, except that the participating parties shall each have up to a maximum of 10 minutes to address the Commission for the Arts. The Chairperson may set and announce the time limit for each active participant to address the Commission for the Arts based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

25.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Commission for the Arts, shall not be prohibited. However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

25.6 Disruptive Speech and Conduct

Any person unduly disrupting a Commission for the Arts meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Commission for the Arts, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the Commission for the Arts to complete its business.

25.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

25.7.1 Submitted after the hearing notice, but before the Agenda Publication.

Any member of the public may submit written comments and materials to the Commission for the Arts through the Commission for the Arts Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The Commission for the Arts Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

25.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Commission for the Arts using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison.

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to the public and the Commission for the Arts immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Commission for the Arts in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Innovation and Economic Development Department before 12:00 p.m. noon on the day of the Commission for the Arts meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Commission for the Arts meeting, any member of the public that desires to submit materials to the Commission for the Arts for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the Commission for the Arts at its meeting when the item is considered.

25.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

25.8 Approaching the Commission for the Arts

26. Commission for the Arts Deliberation

Commission for the Arts deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

27. Motions

27.1 Making a Motion

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Commission Member wishes to make the motion, subject to another Commission Member’s second.

27.2 Categories of Motions

There are four categories of motions that the Commission for the Arts may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way but does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Commission Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Commission for the Arts. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

27.3 Simultaneous Motions

The Commission for the Arts may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Commission for the Arts have been resolved. When two or three motions are before the Commission for the Arts, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Commission for the Arts should focus on the last motion made. Once the vote on ATTACHMENT 5
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the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

27.4 Debatable and Non-debatable Motions

27.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 25.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Commission Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

27.4.2 Non-Debatable Motions

a. Motion to Adjourn. If passed, a motion to adjourn requires the Commission for the Arts to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the Commission for the Arts to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Commission for the Arts to adjourn at a specific time set in the motion.

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f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further Commission for the Arts deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Commission for the Arts as provided for in Section 10(g) Motion to Be Stated.

27.5 Miscellaneous Motions and Appeals

27.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Commission for the Arts may be made as follows: (1) The motion must be made by a Commission Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Commission Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

27.5.2 Commission Member Appeal

28. Action and Direction

28.1 Votes, General Rules

Unless otherwise provided, the Commission for the Arts’ actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Commission Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

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28.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the Chairperson may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Commission Member absence, and the absent Commission Member does not have a conflict of interest related to the item being voted on, the Commission for the Arts may continue the item to a subsequent meeting when the absent Commission Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the Commission for the Arts and an appeal could be submitted for final decision by the City Council.

28.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the Commission for the Arts’ actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of nine and may diminish accountability of Commission Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Commission Member’s right to choose not to speak or vote on an item.

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item, in which case the minutes will reflect that the Commission Member abstained from the vote.

Silence of any Commission Member shall be tabulated along with the majority of the votes cast by the Commission Members present and voting on the motion since the silent Commission Member is conceding to the majority’s wishes.

This rule is intended to expressly modify Rosenberg’s Rules of Order , Revised 2011 for counting votes with regard to abstentions and silence by a Commission Member.

28.4 Protests

Any Commission Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

29. Appeals to the Commission for the Arts

Applicants for Mini Grant awards may appeal a decision by the commission as described in Resolution No. 2016-007, A Resolution to Approve Updates to the Art in Public Places Program Policy and Procedures Manual. Applicants wishing to appeal the Commission’s Mini Grant awards must submit their appeal in written form to the Innovation and Economic Development Department within one business week after notification of application denial has been sent.

A special appeals panel consisting of members of the Commission for the Arts will weigh eligible appeals. The appeals panel will report its findings to the Commission. If an applicant is dissatisfied with the Panel’s resolution of its appeal, the applicant may address its appeal further to the Commission for the Arts.

An applicant who disagrees with the Commission’s recommendation to not fund its Project and Program Grant application may attend the City Council meeting and provide input to the Council regarding the Commission’s recommendation for that Project and Program Grant.

Appeals from decisions of the Commission for the Arts shall appear on the City Council agenda for discussion. Council has the options of affirming the action of the Commission, modifying the action of the Commission, referring the matter back to the Commission, or reversing the decision, unless otherwise required or provided by law.

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CITY OF LIVERMORE

GENERAL PLAN ADVISORY COMMITTEE

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022
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GENERAL PLAN ADVISORY COMMITTEE
APRIL 2022

CITY OF LIVERMORE

GENERAL PLAN ADVISORY COMMITTEE

RULES OF PROCEDURE

1. Duties and Responsibilities

The City Council declares that the individuals appointed to the General Plan Advisory Committee are intended to represent and further the interest of the community and long-term vision of the city and that such representation and furtherance will ultimately serve the public interest.

The General Plan Advisory Committee shall have the following duties and responsibilities:

a. Provide input and feedback to City staff at specific intervals throughout the development of the General Plan update; and

b. Provide information to and serve as liaison to the community and respective groups;and

c. Provide input and feedback to City st aff on General Plan update efforts and conditions; and

d. Provide feedback to City staff on pr oposed General Plan goals, policies, and objectives.

City Staff will share feedback gathered from the Committee with the Planning Commission and City Council as part of those body’s deliberations and decisions.

2. Members

The General Plan Advisory Committee shall consist of nineteen (19) members, all of whom shall reside and/or work in Livermore. The Committee will be comprised of community members who represent a broad spectrum of individuals in the Livermore community.

3. Intentionally Deleted

4. Term Limits

The General Plan Advisory Committee is a limited duration committee that will serve until the City Council adopts the General Plan Update.

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5. Attendance Policy

Attendance of Committee members is mandatory at all meetings. Members who are unable to attend a meeting must notify the staff liaison of their absence prior to the meeting. A Committee member will be subject to removal after three absences. The staff liaison will document all absences and report to the City Clerk when a member of the Committee has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Committee is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Committee rests solely with the City Council.The Committee may request that the City Council remove any members who miss more than three meetings per year. The final decision to remove a member from the Committee rests solely with the City Council.

6. Elections and Officers

The General Plan Advisory Committee shall elect a Chairperson and a Vice Chairperson at the first meeting, and annually at the last meeting of the year thereafter.

Election of the officers shall be by a majority vote of the General Plan Advisory Committee. The role of the officers shall be as follows:

a. Chairperson – The Chairperson shall pr eside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

b. Vice Chairperson – The Vice Chair person shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

c. Presiding Officer – In the absence of the Chairperson and Vice Chairperson, the members present shall select a Presiding Officer.

7. Meetings

The Committee will convene beginning in Fall 2021. Meetings shall be held at 7:00 pm on the second Wednesday of the month at the Civic Center Meeting Hall, Mendenhall Room (unless otherwise posted), or virtually if Covid-19 restrictions prohibit the ability for the public to attend in person. Specific dates are to be determined.William Mendenhall Community Room, at 1016 South Livermore Avenue. All meetings shall be open to the public. The General Plan Advisory Committee may not meet in closed session. Committee members may not participate in a meeting remotely, via teleconference or videoconference.The Committee may cancel or convene special meetings subject to noticing and posting requirements, provided below.

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8. Agenda Preparation and Posting - The staff liaison shall post the notices and agendas for each General Plan Advisory Committee meeting in the kiosk in front of City Hall, the Kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

8. a. Regular Meetings

Agendas shall be prepared in accordance with the requirements of the Brown Act and shall be posted in a location that is freely accessible to members of the public at least 72 hours in advance of a meeting. The agenda shall specify the time and location of the meeting and contain a brief description of each item of business to be transacted or discussed at the meeting. [54954.2]Agendas shall be prepared in accordance with the requirements of the Brown Act. Regular meeting agendas shall be posted in a location that is freely accessible to members of the public at least 72 hours in advance of a meeting.

b. Special Meetings and Workshops

Notice of the call for a special meeting must be delivered and received by each Committee Member and the media at least 24 hours before the special meeting and must be posted at least 24 hours before the special meeting date. The agenda shall specify the time and location of the meeting, contain a brief description of each item of business to be transacted or discussed at the meeting, and state who called the special meeting. [54956].Notice of the call for a special meeting must be provided to the media and posted at least 24 hours before the special meeting date. The agenda shall specify the time and location of the meeting and contain a brief description of each item of business to be transacted or discussed at the meeting.

9. Minutes of Proceedings

An account of all proceedings summary of the General Plan Advisory Committee meetings shall be prepared by the staff liaison, agendized, and approved by the General Plan Advisory Committee. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Committee consideration and approval as action minutes.

10. Quorum

Ten members constitute a quorum of the General Action Plan Advisory Committee. A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next scheduled meeting of the General Plan Advisory Committee if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of quorum.

Cancellations of meetings must comply with the requirements of the Brown Act.

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11. Conduct at Meetings

a. All meetings shall be held in acco rdance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the General Plan Advisory Committee.

b. General Conduct of Meetings – Poin ts of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act, the City Council Rules of Procedure, Rosenberg’s Rules of Order (see Appendix A), General Plan Advisory Committee Rules of Procedure and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

c. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order and Parliamentary Procedures. The General Plan Advisory Committee shall not take a sealed ballot vote.
d. Call to Order - The Chairperson shall call the meeting to order at the appointed time. If both the Chairperson and the Vice Chairperson are absent, then the staff liaison shall call the meeting to order, and the Committee Members present shall then select a presiding officer for that meeting. e. Preservation of Order - The Chairper son shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Committee Members, staff, and/or citizens, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the General Plan Advisory Committee or members of the City staff. The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].
f. Reordering of Agenda - The Chairpers on may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the General Plan Advisory Committee later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

c.g. Motion to be Stated - The Chairperson shall state all motions submitted for a vote by the General Plan Advisory Committee and announce the result of the vote and identify the no votes and any Committee Members that abstained or recused themselves from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record, and report roll call votes. [54953(b)(2) and (c)(2)].

12. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the General Plan Advisory Committee on subjects which are and are not listed on the ATTACHMENT 6
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agenda and are within the subject matter jurisdiction of the General Plan Advisory Committee. The Chairperson may establish time limits per individual speaker. The General Plan Advisory Committee shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the General Plan Advisory Committee, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future General Plan Advisory Committee agenda.

13. Subcommittees

The General Plan Advisory Committee shall not form standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings) without prior City Council approval. Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

14. Staff Support

The head of the department responsible for supporting the General Plan Advisory Committee shall designate one or more employees to serve as staff liaison to the General Plan Advisory Committee. The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee, and generally assist the General Plan Advisory Committee in performing its duties. The Staff Liaison shall have no voting authority.

Committee Members must work with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to co mplete that year. However, the Committee may pursue self-initiated proj ects that can be accomplished utilizing the city resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

14. Rules of Parliamentary Procedure

15. Types of Meetings

15.1 Regular Meetings

The General Plan Advisory Committee shall meet in the William H. Mendenhall Community Room for all regular Committee meetings. The regular meetings shall ATTACHMENT 6
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begin on the second Wednesday of the month at 7:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the General Plan Advisory Committee shall meet at a date and time designated by the Committee.

15.2 Special Meetings

The General Plan Advisory Committee may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops

The General Plan Advisory Committee may meet informally in special meetings designated as workshops that are called by the Chairperson, the Committee liaison, or by a majority of Committee Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act.

The General Plan Advisory Committee may provide direction, but unlike other special meetings the General Plan Advisory Committee may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the General Plan Advisory Committee may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

The Chairperson, Committee liaison, or majority of Members may call for an adjourned regular meeting in consultation with the City Attorney to conduct a regular meeting on a date other than on a regular meeting date on the General Plan Advisory Committee’s annual calendar. [54955]

16. Actions Limited to Posted Agendas

The General Plan Advisory Committee shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Committee Members and staff may briefly respond to statements made or questions posed by the General Plan Advisory Committee or by members of the ATTACHMENT 6
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public addressing the General Plan Advisory Committee. Committee Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

17. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

17.1 Discovery of Good Cause Be fore an Item is Considered

17.2 Good Cause to Continue During Consideration

17.3 Public Comment for a Continued Item

If the opportunity for the public to address the General Plan Advisory Committee has concluded and the item was returned to the General Plan Advisory Committee for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the General Plan Advisory Committee. [54955].

18. Consideration of items after 11:00 p.m.

18.1 Canvass and Reorder

18.2 No New Items Considered after 11:00 p.m.

Generally, the General Plan Advisory Committee will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

18.3 Exceptions
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The General Plan Advisory Committee may commence consideration of an item after 11:00 p.m. under the following circumstances:

a. An item is subject to a legal deadline, such as a project application subject to the Permit Streamlining Act; or,

b. The General Plan Advisory Committee vote s to allow consideration of the item after 11:00 p.m.

19. Points of Order, Priv ilege, and Personal Privilege

A Committee Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Committee Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the General Plan Advisory Committee’s meeting, such as the inability to hear testimony because of disruption.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

20. Minutes - An account of all final actions or recommendations of the General Plan Advisory Committee shall be prepared by the staff liaison and approved by the Committee. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Committee consideration and approval as action minutes

20.1 Approval

The minutes for a General Plan Advisory Committee meeting shall be reviewed and approved as set forth in this section.

a. The General Plan Advisory Committ ee shall approve minutes for a regular meeting, special meeting, and special meeting workshops.

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b. A General Plan Advisory Committee me mber may not approve the minutes for any meeting that the Committee member did not attend.

Also, a General Plan Advisory Committee member may not approve the minutes for a meeting that they were not eligible to attend as a committee member.

c. If no Committee members are eligible to approve the minutes for a General Plan Advisory Committee meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes

General Plan Advisory Committee liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule.

Minutes of General Plan Advisory Committee meetings shall be action minutes that capture the action taken by the General Plan Advisory Committee and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Staff a ttendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

21.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum

This portion of the agenda is for any member of the public to address the General Plan Advisory Committee on any item of interest to the public that is within the General Plan Advisory Committee’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the General Plan Advisory Committee when that item is called for consideration.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

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21.3. Consent Calendar

The consent calendar portion of the agenda is for routine items that are not expected to require General Plan Advisory Committee discussion. Examples of items for the consent calendar include the approval of minutes. Any General Plan Advisory Committee member may pull an item for separate discussion. Members of the public may address the General Plan Advisory Committee on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the General Plan Advisory Committee by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Committee Member interests.

21.4. Matters for Consideration

This portion of the agenda is for items of business that require General Plan Advisory Committee action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the General Plan Advisory Committee’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the General Plan Advisory Committee for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the General Plan Advisory Committee questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the General Plan Advisory Committee.

e. Make an oral report, unless waived by the General Plan Advisory Committee.

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21.4.3 General Plan Advisory Committee Questions or Comments

Following the staff presentation, the Committee Members may ask questions of City staff and consultants or make comments on the item.

21.4.4 Participating Parties

Following Committee Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Committee. After the Chair determines that no other participating parties wish to address the General Plan Advisory Committee on the hearing item, the Chairperson will then invite Committee Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the General Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the General Plan Advisory Committee concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the General Plan Advisory Committee on the item. Public speakers shall address the General Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the General Plan Advisory Committee on the hearing item, the Chairperson will formally close the public comment period and return the item to the General Plan Advisory Committee for deliberation.

21.4.6 Deliberation

Once an item of business returns to the General Plan Advisory Committee for deliberation, the Chairperson will invite the Committee Members to discuss the item to develop concurrence for a motion. Committee Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. General Plan Advisory Committee Action

After General Plan Advisory Committee deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the General Plan Advisory Committee may make such motions as set forth in that section.

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comment on the motion; and the General Plan Advisory Committee has discretion to decide not to hear further comment if they choose. Public speakers shall address the General Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the General Plan Advisory Committee shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the General Plan Advisory Committee shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

21.5 Reports and Matters Initiated

This portion of the agenda is for:

a. Each member of the G eneral Plan Advisory Committee to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Committee member attended at the City’s expense [53232.2(d)].

b. The city staff to provide information of community interest to the General Plan Advisory Committee and to seek direction from the General Plan Advisory Committee concerning items to be included on future agendas.

c. The General Plan Advisory Committee to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum.

d. The General Plan Advisory Committee to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Committee action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the General Plan Advisory Committee during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

21.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the General Plan Advisory Committee meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

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Members of the public do not have the right to address the General Plan Advisory Committee during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

Adjournment at any other point in the meeting requires a formal motion by the General Plan Advisory Committee.

22. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

22.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

22.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the General Plan Advisory Committee on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the General Plan Advisory Committee following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the General Plan Advisory Committee on any item of interest to the public that is within the General Plan Advisory Committee’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

22.3 Special Meeting Item and Workshop Item

Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The General Plan Advisory Committee may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

22.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

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23. Citizens’ Rights

A General Plan Advisory Committee meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v.

Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951]. Members of the public have the right to address the General Plan Advisory Committee and to attend its meetings. During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the General Plan Advisory Committee on any item of interest to the public that is within the General Plan Advisory Committee’s subject matter jurisdiction. Members of the public also have the right to address the General Plan Advisory Committee before the General Plan Advisory Committee considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, General Plan Advisory Committee Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the General Plan Advisory Committee concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the General Plan Advisory Committee are as follows:

23.1 Addressing the General Plan Advisory Committee

Members of the public that want to address the General Plan Advisory Committee during citizens forum or before the General Plan Advisory Committee considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the General Plan Advisory Committee will be described at each meeting. The staff liaison will prominently display the methods to address the General Plan Advisory Committee in the William H. Mendenhall Community Room.

Before an item is considered by the General Plan Advisory Committee, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the General Plan Advisory Committee begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the General Plan Advisory Committee’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

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Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another General Plan Advisory Committee members successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit

23.3 Members of the Public Addressing the General Plan Advisory Committee

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the General Plan Advisory Committee. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the General Plan Advisory Committee when called.

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the General Plan Advisory Committee. A speaker is not required to provide his or her name or address to address the General Plan Advisory Committee. However, to the extent such information is relevant to the issues being considered by the General Plan Advisory Committee, the absence of such information may bear on the speaker’s credibility and the weight the General Plan Advisory Committee affords the speaker’s comments.

23.3.3 Speakers shall address thei r comments only to the General Plan Advisory Committee as a body and not to a particular member.

23.3.4 Members of the public may onl y address the General Plan Advisory Committee from the lectern. No member of the public, other than the speaker at the lectern, may address the General Plan Advisory Committee, unless called upon by the Chairperson.

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the General Plan Advisory Committee’s meeting.

23.3.7 Speakers are encouraged to avoid repetition.

23.3.8 Speakers are encouraged to avoid making personal attacks.

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23.3.9 Each speaker shall relinquish the lectern when his or her time to address the General Plan Advisory Committee has expired.

23.3.10 A speaker may use his or her a llotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the General Plan Advisory Committee in a non-disruptive manner, provided those activities are completed within the allotted time. The city will not provide the means for a speaker to play an electronic recording.

23.3.11 When called upon during citizen’s forum, speakers may address the General Plan Advisory Committee on any item of interest to the public within the General Plan Advisory Committee’s subject matter jurisdiction. [54954.3(a)].

23.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the General Plan Advisory Committee. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

23.4 Participating Parties Addressing the General Plan Advisory Committee

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the General Plan Advisory Committee, except that the participating parties shall each have up to a maximum of 10 minutes to address the General Plan Advisory Committee. The Chairperson may set and announce the time limit for each active participant to address the General Plan Advisory Committee based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

23.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the General Plan Advisory Committee, shall not be prohibited.

23.6 Disruptive Speech and Conduct

Any person unduly disrupting a General Plan Advisory Committee meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the General Plan Advisory Committee, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant-at-Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the General Plan Advisory Committee to complete its business.

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23.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

23.7.1 Submitted after the hearing notice, but before the Agenda Publication.

Any member of the public may submit written comments and materials to the General Plan Advisory Committee through the General Plan Advisory Committee Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The General Plan Advisory Committee Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

23.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the General Plan Advisory Committee using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison. All comments submitted using the staff liaison’s electronic process will be available to the public and the General Plan Advisory Committee immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the meeting to the General Plan Advisory Committee in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the General Plan Advisory Committee Liaison before 12:00 p.m. noon on the day of the General Plan Advisory Committee meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the General Plan Advisory Committee meeting, any member of the public that desires to submit materials to the General Plan Advisory Committee for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the General Plan Advisory Committee at its meeting when the item is considered.

23.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

23.8 Approaching the General Plan Advisory Committee

Once a meeting is called to order, no member of the public shall enter the area between the Committee and public seating without an invitation from the Chairperson.

Members of the public may enter the area before and after the meeting, and during a ATTACHMENT 6
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recess, for the purpose of interacting with the individual Committee Members and City staff.

24. General Plan Advisory Committee Deliberation

General Plan Advisory Committee deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

25. Motions

25.1 Making a Motion

25.2 Categories of Motions

There are four categories of motions that the General Plan Advisory Committee may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the General Plan Advisory Committee. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it ATTACHMENT 6
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was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

25.3 Simultaneous Motions

The General Plan Advisory Committee may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the General Plan Advisory Committee have been resolved. When two or three motions are before the General Plan Advisory Committee, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the General Plan Advisory Committee should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

25.4 Debatable and Non-debatable Motions

25.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 25.4.2. Debate on a motion should continue as long as Committee Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

25.4.2 Non-Debatable Motions

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a. Motion to Adjourn. If passed, a motion to adjourn requires the General Plan Advisory Committee to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the General Plan Advisory Committee to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the General Plan Advisory Committee to adjourn at a specific time set in the motion.

e. Motion to Continue an Item. A motion to continue an item has the same effect as a motion to table but is generally used when good cause exists or in response to a request by staff, a Committee Member, or a participating party, as set forth in Section 17 Continuance of Agenda Items, or a scheduling problem arises. If passed, the motion continues the item indefinitely or to the date and time set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the General Plan Advisory Committee at a future meeting.

f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further General Plan Advisory Committee deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Committee as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals

25.5.1 Motion to Reconsider

A motion to reconsider any action taken by the General Plan Advisory Committee may be made as follows: (1) The motion must be made by a Committee Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Committee Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate ATTACHMENT 6
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due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

25.5.2 Committee Member Appeal

26. Action and Direction

26.1 Votes, General Rules

Unless otherwise provided, the General Plan Advisory Committee’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Committee Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

If a motion does not receive the necessary majority vote for passage, the Chairperson may solicit additional discussion and another motion for further deliberation and voting.

If further discussion and deliberation does not result in a motion receiving a majority vote necessary to pass a motion, the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. In the event of a tie vote, the procedures in section 26.2 Tie Votes, shall control.

26.2 Tie Votes

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Committee Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the General Plan Advisory Committee and an appeal could be submitted for final decision by the City Council.

26.3 Abstentions and Silence

The City Council discourages abstentions since abstentions without legal conflict may impede the General Plan Advisory Committee’s actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of nineteen and may diminish accountability of Committee Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Committee Member’s right to choose not to speak or vote on an item.

This rule is intended to expressly modify Rosenberg’s Rules of Order, Revised 2011 for counting votes with regard to abstentions and silence by a Committee Member.

26.4 Protests

Any Committee Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

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CITY OF LIVERMORE

HISTORIC PRESERVATION COMMISSION

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 202228, 2014
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RULES OF PROCEDURE

1. Duties and Responsibilities – The His toric Preservation Commission shall have the following duties and responsibilities:

A. Maintain a continuing survey of all heritage resources within the city;

B. Recommend action for the preservati on of buildings, structures, sites, natural features, works of art, or similar objects which have a significant historic, cultural, architectural, archaeological, community or aesthetic value;

C. Maintain and publish a regist er of all designated landmarks;

D. Encourage public awareness of invo lvement in the architectural and environmental heritage of the City thorough education and interpretive programs;

E. Explore and recommend means for protection, retention and use of any designated or potential heritage resources through either governmental or private action;

F. Coordinate activities with the Plan ning Commission in order to integrate heritage resource consideration into the planning process;

G. Recommend and encourage the prot ection, appreciation and use of structures of historic, architectural or aesthetic value which have not been officially designated through private efforts;

H. When requested by any heritage re source owner, provide advice and guidance for the preservation of such heritage resource;

I. Encourage and participate in the dev elopment of a cultural heritage element in the general plan; and

J. Cooperate with and encour age the formation of private cultural heritage groups in the city, county, state and federal government.

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2 K. Conduct interviews and provide re commendation to the City Council for the appointment of City Historian (Resolution 2005-233).

L. Support the goals and prioriti es adopted by the City Council.

2. Members – The Historic Preservation Co mmission shall consist of five members, all of whom must be residents of the City of Livermore. Commission members shall be appointed from among professionals in the disciplines of architecture, history, planning, archaeology, or other historic preservation-related disciplines to the extent that such professionals are available in the community. Commission membership shall also include lay members who have demonstrated special interest, competence, experience or knowledge in historic preservation.

3. Term limits – Historic Preservation Commission members shall serve no more than two consecutive four-year terms or a total of eight years unless the member was selected to complete an unexpired term or unless otherwise noted.

Time served in an unexpired term shall not count against the eight-year maximum limit. Commission members who have already completed eight years of service or other specified maximum terms are not eligible for appointment to an unexpired term. However, members may be appointed back to the Historic Preservation Commission after a break in service of two years.

4. Attendance Policy – Historic Preservation Commission members may miss four meetings per calendar year. A member who misses more than four meetings per year may be subject to removal from the Commission. The staff liaison will document all absences and report to the City Clerk when a member of the Commission has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Commission is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration.The Commission may request that the City Council remove from the Commission any members who miss more than four meetings per year. The member may appeal the request for the removal to the City Council. The final decision to remove a member from the Commission rests solely with the City Council.

5. Elections and Officers – T he Historic Preservation Commission shall elect a chairperson and a vice chairperson at the first meeting held after January 1 st of
each year. Election of the officers shall be by majority vote of the Commission.

The role of the officers shall be as follows:

A. Chairperson – The Chairperson sha ll preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

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3 B. Vice Chairperson - The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

C. Presiding Officer – In the absence of the Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings – The Historic Preservati on Commission shall meet on the first Thursday of each month at 7:00 pm in the City Council ChambersWilliam H.

Mendenhall Community Room, 3575 Pacific Avenue1016 S. Livermore Avenue, Livermore, CA. The body shall adopt an annual meeting calendar listing all regular meetings for the calendar year. The calendar shall be published on the City's website. Meetings shall begin promptly as noticed pursuant to this provision. All meetings shall be open to the public. The Commission may not meet in closed session. Commission members may not participate in a meeting remotely, via teleconference or videoconference.

7. Agenda Preparati on and Posting – The staff liaison shall post the notices and agendas for each Historic Preservation Commission meeting in the kiosk in front of City Hall, the Kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

a. Regular Meetings

b. Special Meetings and Workshops

8. Minutes of Proceedings – An account of all final actions or recommendations of the Historic Preservation Commission shall be prepared by the staff liaison and approved by the Commission. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the ATTACHMENT 7
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4 preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as action minutes.An account of all proceedings of the Historic Preservation Commission shall be prepared by the staff liaison and approved by the Commission.

9. Quorum – Three members constitute a quorum of the Historic Preservation Commission. A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next regularly scheduled meeting of the Commission or scheduled for a special meeting if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of a quorum.

Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting.

Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

cC. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order, Revised 2011Robert’s Rules of Order and Parliamentary Procedures. The Historic Preservation Commission shall not take a sealed ballot vote in open session.

d. Call to Order - The Chairperson s hall call the meeting to order at the appointed time. If both the Chairperson and the Vice Chairperson are absent, then the staff liaison shall call the meeting to order and the Commission Members present shall then select a presiding officer for that meeting.

e. Preservation of Order - The Chairperson shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Commission ATTACHMENT 7
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5 Members, staff, and/or citizens, but shall not prohibit criticisms of the policies, procedures, programs, or services of the City, or of the acts or omissions of the Historic Preservation Commission or members of the City staff. The Chairperson shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].

f. Reordering of Agenda - The Chairperson may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Historic Preservation Commission later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

g. Motion to be Stated - The Chairpers on shall state all motions submitted for a vote by the Historic Preservation Commission and announce the result of the vote and identify the no votes and any Commission Members that abstained or recused themselves from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record and report roll call votes. [54953(b)(2) and (c)(2)].

11. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the Historic Preservation Commission on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Commission. The Chairperson may establish time limits per individual speaker. The Commission shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Commission, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Commission agenda.

12. Subcommittees

The Historic Preservation Commission may create standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings). Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

13. City Historian

The City Historian will assist and provide resources as needed by the Historic Preservation Commission as described in Resolution 2005-233. The City Historian shall have no voting authority on the Historic Preservation Commission.

14. Staff Support and Responsibilities

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6 The head of the department that is responsible for supporting the Historic Preservation Commission shall designate one or more employees to serve as staff liaison to the Commission. The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee, and generally assist the Commission in performing its duties and provide oversight of the City Historian. The Staff Liaison shall have no voting authority.

Commissioners must work with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any self-initiated project that will require more than 8 hours of staff time to complete that year. However, the Commission may pursue self-initiated projects that can be accomplished utilizing the City resources currently allocated to the particular advisory body and that do not take resources away from that advisory body’s anticipated work to fulfill its duties and responsibilities to the City Council.

15. Rules of Parliamentary Procedure

16. Types of Meetings

16.1 Regular Meetings

The Historic Preservation Commission shall meet in the William H. Mendenhall Community Room for all regular Commission meetings. The regular meetings shall begin on the first Thursday of each month at 7:00 p.m, unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Historic Preservation Commission shall meet at a date and time designated by the Commission.

16.2 Special Meetings

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7 The Historic Preservation Commission may take final action at a special meeting that is not a workshop.

16.3 Special Meeting Workshops

The Historic Preservation Commission may meet informally in special meetings designated as workshops that are called by the Chairperson, the Commission liaison, or by a majority of Commission Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act. The Historic Preservation Commission may provide direction, but unlike other special meetings the Historic Preservation Commission may not take a final action at a workshop. [54956].

16.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Historic Preservation Commission may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held. However, if the adjourned meeting is to reconvene less than 24 hours after adjournment, then a copy of the order or notice of the continuance shall be posted immediately following the meeting. [36809, 54955].

17. Actions Limited to Posted Agendas

The Historic Preservation Commission shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Commission Members and staff may briefly respond to statements made or questions posed by the Historic Preservation Commission or by members of the public addressing the Historic Preservation Commission.

Commission Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

18. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

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8 18.1 Discovery of Good Cause Before an Item is Considered

18.2 Good Cause to Continue During Consideration

18.3 Public Comment for a Continued Item

If the opportunity for the public to address the Historic Preservation Commission has concluded and the item was returned to the Historic Preservation Commission for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Historic Preservation Commission. [54955].

19. Consideration of it ems after 11:00 p.m.

19.1 Canvass and Reorder

19.2. No New Items Considered after 11:00 p.m.

Generally, the Historic Preservation Commission will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

19.3 Exceptions

The Historic Preservation Commission may commence consideration of an item after 11:00 p.m. under the following circumstances:

a. An item is subject to a legal deadli ne, such as a project application subject to the Permit Streamlining Act; or,

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9 b. The Historic Preservation Commission vo tes to allow consideration of the item after 11:00 p.m.

20. Points of Order, Privilege, and Personal Privilege

A Commission Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Commission Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Historic Preservation Commission’s meeting, such as the inability to hear testimony because of disruption.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

21. Minutes - The staff liaison with input fr om the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as action minutes.

21.1 Approval

The minutes for an Historic Preservation Commission meeting shall be reviewed and approved as set forth in this section.

a. The Historic Preservation Commission shall approve minutes for a regular meeting, special meeting, and special meeting workshops.

b. An Historic Preservation Commissioner may not approve the minutes for any meeting that the Commissioner did not attend.

Also, an Historic Preservation Commissioner may not approve the minutes for a meeting that they were not eligible to attend as a commissioner.

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10 c. If no Commissioners are eligible to approve the minutes for an Historic Preservation Commission meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

21.2 Preferred Method of Recordation and Minutes

Historic Preservation Commission liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Historic Preservation Commission meetings shall be action minutes that capture the action taken by the Historic Preservation Commission and the outcome of each agenda item.

21.3 Staff Attendance & Development of Agenda - Staff attendance and agenda development will be determined by the staff liaison for the advisory body.

22. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

22.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

22.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Historic Preservation Commission on any item of interest to the public that is within the Historic Preservation Commission’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the Historic Preservation Commission when that item is called for consideration.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

22.3. Consent Calendar

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11 The consent calendar portion of the agenda is for routine items that are not expected to require Historic Preservation Commission discussion. Examples of items for the consent calendar include the approval of minutes. Any Historic Preservation Commissioner may pull an item for separate discussion. Members of the public may address the Historic Preservation Commission on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the Historic Preservation Commission by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Commission Member interests.

22.4. Matters for Consideration

This portion of the agenda is for items of business that require Historic Preservation Commission action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

22.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

22.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Historic Preservation Commission’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Historic Preservation Commission for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Historic Preservation Commission questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Historic Preservation Commission.

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12 e. Make an oral report, unless waived by the Historic Preservation Commission.

22.4.3 Historic Preservation Commission Questions or Comments

Following the staff presentation, the Commission Members may ask questions of City staff and consultants or make comments on the item.

22.4.4 Participating Parties

Following Commission Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Commission. After the Chair determines that no other participating parties wish to address the Historic Preservation Commission on the hearing item, the Chairperson will then invite Commission Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the Historic Preservation Commission following the procedures set forth in Section 23 Citizens’ Rights.

22.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the Historic Preservation Commission concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Historic Preservation Commission on the item. Public speakers shall address the Historic Preservation Commission following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the Historic Preservation Commission on the hearing item, the Chairperson will formally close the public comment period and return the item to the Historic Preservation Commission for deliberation.

22.4.6 Deliberation

Once an item of business returns to the Historic Preservation Commission for deliberation, the Chairperson will invite the Commission Members to discuss the item to develop concurrence for a motion. Commission Members may ask questions of staff and the participating parties as part of their deliberations.

22.4.7. Historic Preservation Commission Action

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13 After Historic Preservation Commission deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Historic Preservation Commission may make such motions as set forth in that section.

If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Historic Preservation Commission has discretion to decide not to hear further comment if they choose. Public speakers shall address the Historic Preservation Commission following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Historic Preservation Commission shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Historic Preservation Commission shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

22.5 Reports and Matters Initiated

This portion of the agenda is for:

a. Each member of the Historic Pres ervation Commission to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Commissioner attended at the City’s expense [53232.2(d)].

b. The city staff to provide information of community interest to the Historic Preservation Commission and to seek direction from the Historic Preservation Commission concerning items to be included on future agendas.

c. The Historic Preservation Commission to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum.

d. The Historic Preservation Commission to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Commission action at a future meeting. If the requested action cannot be accomplished within the approved budget or if it will involve substantial staff resources, approval of resources would need to be provided from the City Council prior to staff completing the work.

Members of the public do not have the right to address the Historic Preservation Commission during this portion of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].

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14 22.6 Adjournment

This portion of the agenda is for the Chairperson to adjourn the Historic Preservation Commission meeting to its next meeting. The meeting may be adjourned to a regular meeting, special meeting, special meeting workshop, adjourned regular meeting, or adjourned special meeting.

Adjournment at any other point in the meeting requires a formal motion by the Historic Preservation Commission.

23. Order of Business – Special Meetings and Workshops

No matters except those specified in the notice and agenda for a special meeting or special meeting workshop may be discussed at those meetings.

The usual order of business for special meetings and workshops shall be as follows:

23.1. Call to Order

This portion of the agenda is the same as it is for a regular meeting.

23.2. Public Comment

The purpose of this portion of the agenda is to provide the public with the opportunity to address the Historic Preservation Commission on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Historic Preservation Commission following the procedures set forth in Section 23 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens’ forum or opportunity for the public to address the Historic Preservation Commission on any item of interest to the public that is within the Historic Preservation Commission’s subject matter jurisdiction, unless that opportunity is expressly included in the agenda.

23.3 Special Meeting Item and Workshop Item

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15 Generally, the procedures for this portion of the agenda follow the procedures in Section 21.4.1 Introduction, 21.4.2 Staff Presentation, 21.4.3 Questions and Comments, and 21.4.6 Deliberations. The Historic Preservation Commission may take a final action at a special meeting, but not at a workshop, as set forth in Section 15.2 Special Meetings and Section 15.3 Special Meeting Workshops

23.4 Adjournment

This portion of the agenda is the same as it is for a regular meeting.

24. Citizens’ Rights

An Historic Preservation Commission meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997) 973 F.Supp. 951].

Members of the public have the right to address the Historic Preservation Commission and to attend its meetings. During the citizens forum portion of a regular meeting agenda, members of the public have a right to address the Historic Preservation Commission on any item of interest to the public that is within the Historic Preservation Commission’s subject matter jurisdiction.

Members of the public also have the right to address the Historic Preservation Commission before the Historic Preservation Commission considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Historic Preservation Commission Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the Historic Preservation Commission concerning any item that is described in the notice for special meeting workshops and special meetings. [54954.3].

The procedures for addressing public comments to the Historic Preservation Commission are as follows:

24.1 Addressing the Historic Preservation Commission

Members of the public that want to address the Historic Preservation Commission during citizens forum or before the Historic Preservation Commission considers or takes action on an item must indicate their desire by personally submitting a request to speak to the staff liaison, or his or her designee, using the methods specified by the staff liaison in the agenda for that meeting. A member of the public may not submit a request to speak on behalf of any other person. The methods for addressing the Historic Preservation Commission will be described at each meeting. The staff liaison will prominently display the methods to address the Historic Preservation Commission in the William H. Mendenhall Community Room.

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16 Before an item is considered by the Historic Preservation Commission, the staff liaison shall identify or provide a list of the speakers to the presiding officer in the order that they are received for each agenda item. Generally, once the Historic Preservation Commission begins its consideration of an item, no additional requests to speak will be accepted absent invitation by the presiding officer.

The purpose of submitting a request to speak is to help the presiding officer conduct the Historic Preservation Commission’s meetings and to complete its business in an orderly fashion. The intent is not to limit testimony. Therefore, a member of the public will not be denied an opportunity to speak if a request to speak lacks information or because a speaker wants to remain anonymous.

Speakers who have not submitted a request to speak on time may be heard by the presiding officer’s recognition or by another Historic Preservation Commissioner’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

24.2 Speaker Time Limit

24.3 Members of the Public Addressing the Historic Preservation Commission

24.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Historic Preservation Commission. When calling a speaker to the lectern the next two speakers will also be identified so they are prepared to address the Historic Preservation Commission when called.

24.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Historic Preservation Commission. A speaker is not required to provide his or her name or address to address the Historic Preservation Commission. However, to the extent such information is relevant to the issues being considered by the Historic Preservation Commission, the absence of such information may bear on the speaker’s credibility and the weight the Historic Preservation Commission affords the speaker’s comments.

24.3.3 Speakers shall address their comments only to the Historic Preservation Commission as a body and not to a particular member.

24.3.4 Members of the public may onl y address the Historic Preservation Commission from the lectern. No member of the public, other than the speaker at ATTACHMENT 7
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17 the lectern, may address the Historic Preservation Commission, unless called upon by the Chairperson.

24.3.5 No question shall be asked of Commission Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a Commission Member, except through the Chairperson. Commission Members, the Chairperson, and the speaker are not obligated to answer any questions asked. The Chairperson may refer questions to staff for a brief answer while the speaker is at the lectern.

24.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Historic Preservation Commission’s meeting.

24.3.7 Speakers are encouraged to avoid repetition.

24.3.8 Speakers are encouraged to avoid making personal attacks.

24.3.9 Each speaker shall relinquish the lectern when his or her time to address the Historic Preservation Commission has expired.

24.3.10 A speaker may use his or her allo tted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Historic Preservation Commission in a non-disruptive manner, provided those activities are completed within the allotted time. The city will not provide the means for a speaker to play an electronic recording.

24.3.11 When called upon during citizen’ s forum, speakers may address the Historic Preservation Commission on any item of interest to the public within the Historic Preservation Commission’s subject matter jurisdiction. [54954.3(a)].

24.3.12 When called upon to provide public comment on a specific item of business on the agenda, speakers shall focus their comments on that specific item of business before the Historic Preservation Commission. [54954.3(a); White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224 (1995)].

24.4 Participating Parties Addressing the Historic Preservation Commission

Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Historic Preservation Commission, except that the participating parties shall each have up to a maximum of 10 minutes to address the Historic Preservation Commission. The Chairperson may set and announce the time limit for each active participant to address the Historic Preservation Commission based upon the same criteria set forth in Section 23.2 Speaker Time Limit.

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18 24.5 Public Criticism

Public criticism of the City’s policies, procedures, programs, or services, or of the acts or omissions of the Historic Preservation Commission, shall not be prohibited. However, the rights of each speaker to express his or her views is not absolute and nothing in these rules of procedure are intended to confer any privilege or protection for expression beyond that otherwise provided by law. [54954.3].

24.6 Disruptive Speech and Conduct

Any person unduly disrupting an Historic Preservation Commission meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Historic Preservation Commission, such as applauding or booing. Upon instructions by the Chairperson, a Sergeant-at- Arms may be called for the purpose of removing any person who, in the Chairperson’s judgment, has disrupted the meeting. [36813, 38638, 54954.3, 54957.9, Penal Code 403]. When possible, the Chairperson is encouraged to use alternative means, such as direction to speakers to avoid disruption or by taking a recess to review these rules with the speaker, to avoid disruptions to allow the Historic Preservation Commission to complete its business.

24.7 Written Communications – Post Hear ing Notice, and Post Agenda Publication

24.7.1 Submitted after the hearing notice, but before the Agenda Publication.

Any member of the public may submit written comments and materials to the Historic Preservation Commission through the Historic Preservation Commission Liaison. All written comments and materials must be submitted between the date public hearing notices are published (10 days prior to the meeting) and noon on the day before agenda publication (3 days prior to the meeting). The Historic Preservation Commission Liaison shall deliver all written comments and materials received by 12:00 p.m. the day before agenda publication as part of the agenda packet for the posted agenda.

24.7.2 Submitted Post Agenda Publication.

Any member of the public may submit electronic comments to the Historic Preservation Commission using the electronic submission process the staff liaison specifies and makes available on the City’s website within the timeframe provided on the agenda. Any additional attachments can be submitted directly to the staff liaison. All comments submitted using the staff liaison’s electronic process will be available to the public and the Historic Preservation Commission immediately upon submission. The staff liaison shall post on the City’s website and deliver any additional materials received by 12:00 p.m. the day of the ATTACHMENT 7
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19 meeting to the Historic Preservation Commission in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Historic Preservation Commission Liaison before 12:00 p.m. noon on the day of the Historic Preservation Commission meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Historic Preservation Commission meeting, any member of the public that desires to submit materials to the Historic Preservation Commission for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the Historic Preservation Commission at its meeting when the item is considered.

24.7.3 Special Meetings and Workshops.

For special meetings and workshops, the staff liaison shall specify the instructions and timeframes for the public to submit comments and materials in the agenda for those meetings.

24.8 Approaching the Historic Preservation Commission

25. Historic Preservation Commission Deliberation

Historic Preservation Commission deliberations shall be orderly and guided by the Chairperson to reach a decision on the item before them or to provide the direction sought by staff.

26. Motions

26.1 Making a Motion

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20 the Commission Member wishes to make the motion, subject to another Commission Member’s second.

26.2 Categories of Motions

There are four categories of motions that the Historic Preservation Commission may consider.

The first category is a basic motion, which is one that puts forward a decision for consideration. For example, a motion to approve City staff’s recommendation.

The second category is a motion to amend an earlier motion. Such an amending motion changes a basic motion under discussion in a minor way but does not supersede it. For example, adding a condition to a basic motion to approve staff’s recommendation. If the maker of the basic motion, and the second, accept the amendment, then the amendment shall be incorporated into the original motion without the need for a second on the amending motion. If an amendment is not accepted into the basic motion by the moving Commission Members, the process for voting on simultaneous motions is then followed.

The third category is a substitute motion. Such a motion completely does away with the basic motion under discussion and puts a new motion before the Historic Preservation Commission. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s recommendation or assembles multiple amending motions into a single motion. If a substitute motion is approved, the initial basic motion does not require action since it was substituted. If a substitute motion fails, the process for voting on simultaneous motions is then followed.

26.3 Simultaneous Motions

The Historic Preservation Commission may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Historic Preservation Commission have been resolved. When two or three motions are before the Historic Preservation Commission, after motions and seconds, the first vote will be on the last motion made. Generally, the ATTACHMENT 7
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21 discussion when a motion is before the Historic Preservation Commission should focus on the last motion made. Once the vote on the last motion takes place, if necessary, discussion and decision on additional motions will take place in order.

26.4 Debatable and Non-debatable Motions

26.4.1 Debatable Motions

Debatable motions are motions to take action on agenda items and other items of City business. For the purpose of these rules of procedure, all motions are debatable except those expressly identified in subsection 26.4.2 Non-Debatable Motions. Debate on a motion should continue as long as Commission Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

26.4.2 Non-Debatable Motions

a. Motion to Adjourn. If passed, a motion to adjourn requires the Historic Preservation Commission to immediately adjourn to its next regularly scheduled meeting.

b. Motion to Recess. If passed, a motion to recess requires the Historic Preservation Commission to immediately take a recess, the length of which the Chairperson will determine. The Chairperson may order a recess without a motion, and without adjourning the meeting, as the Chairperson determines necessary to maintain decorum and conduct the meeting in an orderly fashion.

c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to adjourn the meeting requires the Historic Preservation Commission to adjourn at a specific time set in the motion.

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22 d. Motion to Table an Item. If passed, a motion to table an item postpones an item indefinitely or to a date and time certain set in the motion. If the motion does not contain a specific time, an additional motion is required to bring the item back to the Historic Preservation Commission at a future meeting.

f. Motion to Call the Question. A motion to call the question, also known as moving the previous question or limiting debate, stops further Historic Preservation Commission deliberation, debate, and discussion on an item. It can be stated as stopping debate or discussion within a certain period of time, such as 15 minutes. If seconded, the Chairperson shall then call for a vote on the motion or motions pending before the Commission as provided for in Section 10(g) Motion to Be Stated.

26.5 Miscellaneous Motions and Appeals

26.5.1 Motion to Reconsider

A motion to reconsider any action taken by the Historic Preservation Commission may be made as follows: (1) The motion must be made by a Commission Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Commission Member; (2) The motion must be made either at the meeting at which the action to be reconsidered was taken, or, at the next regular meeting, provided appropriate due process is afforded to any participating parties; (3) The motion is debatable; and (4) If any participating party has left the meeting, or if the motion comes at a subsequent meeting, the ultimate decision to be reconsidered must take place at a subsequent meeting.

26.5.2 Commission Member Appeal

27. Action and Direction
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Unless otherwise provided, the Historic Preservation Commission’s actions must be passed pursuant to a majority vote on a motion, and the motion may not be considered unless it is seconded. A simple majority vote by those Commission Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

27.2 Tie Votes

Generally, a motion fails if there is a tie vote. After a tie vote, the Chairperson may solicit additional discussion and another motion in an attempt to break the tie. If the tie vote occurs during a Commission Member absence, and the absent Commission Member does not have a conflict of interest related to the item being voted on, the Historic Preservation Commission may continue the item to a subsequent meeting when the absent Commission Member is expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the motion shall fail, and the Chairperson may declare that “no action has been taken” and proceed with the remainder of the agenda. However, if a decision is legally compelled under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial of the application, project before the Historic Preservation Commission and an appeal could be submitted for final decision by the City Council.

27.3 Abstentions and Silence

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24 The City Council discourages abstentions since abstentions without legal conflict may impede the Historic Preservation Commission’s actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Commission Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Commission Member’s right to choose not to speak or vote on an item.

This rule is intended to expressly modify Rosenberg’s Rules of Order , Revised 2011 for counting votes with regard to abstentions and silence by a Commission Member.

27.4 Protests

Any Commission Member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

28. Appeals

Any decision of the Community Development Director, Department staff, and Historic Preservation Commission regarding eligibility of planning permit decisions may be appealed to the Planning Commission and then to the City Council, as outlined in Chapter 9.15 Appeals of the Livermore Development Code..

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CITY OF LIVERMORE

HUMAN SERVICES COMMISSION

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022September 2010
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HUMAN SERVICES COMMISSION

RULES OF PROCEDURE

1. Duties and Responsibilities – The Human Services Commission shall have the following duties and responsibilities:

a. A. Provide advice to the City Council regarding community needs that the Multi-Service Center should address, the types of services the Multi- Service Center should or should not provide, and tenant agencies that might be allocated space in the Multi-Service Center.

b. B. Advise the City Council and/or the director of the Multi-Service Center regarding building policies, including but not limited to priorities of needs to be served and activities to be instituted or terminated.

Recommend to the City Council policies governing the Multi-Service Center consistent with City policies. Assist in informing the citizenry of the Multi-Service Center’s existence and the services it provides.

c. C. Assure compliance with the Citizen Participation requirements of the Housing and Community Development Act of 1974 and with Title II of the Cranston-Gonzales National Affordable Housing Act of 1990. This includes providing opportunities to the public to comment on all documentation relating to the implementation of these acts; informing the citizens of the amount of funds available for disbursement, eligible activities that may be financed by these acts, appropriate regulations under which funds can be disbursed, and procedures and criteria to apply for and potentially receive funding from the City; reviewing and commenting on activities funded under these acts; articulating the needs of the low income community; and acting as the vehicle for citizen input in the development of the application or any major amendments.

d. D. Serve as the primary advisory body to the City Council on social conditions in the community, particularly for those residents who are of low and moderate income, communicating community reactions to proposed Council actions, making recommendations to the City Council on legislation perceived to affect human needs and social conditions and, to the degree possible, achieving consensus within the community regarding goals and priorities.

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e. E. Promote and provide a forum for citizens to discuss social conditions and human needs within the community, including airing concerns, collecting pertinent information, evaluating appropriate action steps, and furnishing the City Council with appropriate reports and recommendations.

f. F. Support the City and non-profit agencies in their efforts to procure grants from public and private sources for meeting social needs in the community.

g. G. Advise the City Council of social needs within the community that will affect the delivery of human services and unaddressed needs.

h. H. Advise the City Council regarding expenditure of funding from the US Department of Housing and Community and Urban Development.

This will include but is not limited to entitlements received within the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Program (HOME).

i. I. Support the goals and priorities adopted by the City Council.

2. Members – The Human Services Commission shall consist of nine members, all of whom shall be residents of the City of Livermore.

3. Term limits – Human Services Commission members shall serve no more than two consecutive four-year terms or a total of eight years, unless the member was selected to complete an unexpired term or unless otherwise noted.

Time served in an unexpired term shall not count against the eight-year maximum limit. Advisory body members who have already completed eight years of service or other specified maximum terms are not eligible for appointment to an unexpired term. However, members may be appointed back to the Human Services Commission after a break in service of two years.

4. Attendance Policy – Human Services Commission members may miss four meetings per calendar year. A member who misses more than four meetings per year may be subject to removal from the Commission. The staff liaison will document all absences and report to the City Clerk when a member of the Commission has exceeded the allowed number of absences. The City Clerk will notify the City Council with a memo explaining the circumstances of the absences and the City Council will determine if an agenda item is needed to consider whether removal from the Commission is appropriate. The member will have the opportunity to speak at a City Council meeting when removal is under consideration. The final decision to remove a member from the Commission rests solely with the City Council. The Commission may request that the City Council remove from the Commission any members who miss more than four meetings ATTACHMENT 8
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per year. The member may appeal the request for the removal to the City Council. The final decision to remove a member from the Commission rests solely with the City Council.

5. Elections and Officers – The Human Services Commission shall elect a chairperson and a vice chairperson at the first meeting held after January 1st of each year. Election of the officers shall be by majority vote of the Commission.

The role of the officers shall be as follows:

a. A. Chairperson – The Chairperson shall preside at all regular meetings and may call special meetings. The Chairperson shall decide upon all points of order and procedure during the meeting.

b. B. Vice Chairperson - The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson.

c. C. Presiding Officer – In the absence of the Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings – The Human Services Commission shall meet on the second Tuesday of each month at 7:00 p.m. at the Multi-Service CenterWilliam H. Mendenhall Community Room, 3311 Pacific Avenue1016 S. Livermore Avenue, Livermore, CA. The body shall adopt an annual meeting calendar listing all regular meetings for the calendar year. The calendar shall be published on the City's website.

Meetings shall begin promptly as noticed pursuant to this provision. All meetings shall be open to the public. The Commission may not meet in closed session.

Commission members may not participate in a meeting remotely, via teleconference or videoconference.

7. Agenda Preparati on and Posting – The staff liaison shall post the notices and agendas for each Human Services Commission meeting in the kiosk in front of City Hall, the Kiosk in front of the Civic Center Meeting Hall, and on the City’s website.

a. Regular Meetings

b. Special Meetings and Workshops

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and must be posted at least 24 hours before the special meeting date. The agenda shall specify the time and location of the meeting, contain a brief description of each item of business to be transacted or discussed at the meeting, and state who called the special meeting. [54956]. Agendas for special meetings shall be prepared and posted in accordance with the requirements of the Brown Act.

8. Minutes of Proceedings – An account of all proceedings of the Human Services Commission shall be prepared by the staff liaison and approved by the Commission. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as action minutes.

9. Quorum – Five members constitu te a quorum of the Human Services Commission. A quorum of the members must be present to conduct any business. In the absence of a quorum at a meeting, the meeting must be adjourned. The matters listed on the agenda shall be taken up at the next regularly scheduled meeting of the Commission or scheduled for a special meeting if deemed necessary. A meeting may also be declared adjourned in advance, if absence notifications received by staff create a lack of a quorum.

Cancellations of meetings must comply with the requirements of the Brown Act.

10. Conduct at Meetings

a. A. All meetings shall be held in accordance with City policies and the Brown Act Open Meeting Laws (Government Code, Sections 54950 and following). Only items listed on the agenda may be considered by the Human Services Commission.

b. B. General Conduct of Meetings – Points of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act, Rosenberg’s Rules of Order, Revised 2011Robert’s Rules of Order, Human Services Commission Rules of Procedure and City policies. The Chairperson will consult with staff as necessary. Unresolved issues shall be referred to the City Attorney and continued to a future meeting. Any member desiring to speak must first be recognized by the Chairperson and shall confine any remarks to the subject under consideration.

c. C. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order, Revised 2011Robert’s Rules of Order and Parliamentary Procedures. The Human Services Commission shall not take a sealed ballot vote in open session.

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d. Call to Order - The C hairperson shall call the meeting to order at the appointed time. If both the Chairpers on and the Vice Chairperson are absent, then the staff liaison shall ca ll the meeting to order and the Commission Members present shall t hen select a presiding officer for that meeting.

e. Preservation of Order - The Chair person shall preserve strict order and decorum, and shall discourage personal, verbal attacks on Commission Members, staff, and/or ci tizens, but shall not prohi bit criticisms of the policies, procedures, programs, or services of the Cit y, or of the acts or omissions of the Human Services Commission or members of the City staff.

The Chairperson shall confine debat e to the item under discussion. [36813, 38638, 54954.3, 54957.9].

f. Reordering of Agenda - The Chairperson may reorder the items on the agenda for a noticed meeting to accommodate members of the public who wish to speak on an agenda item that would otherwise be considered by the Human Services Commission later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens forum.

g. Motion to be Stated - The Chairpers on shall state all motions submitted for a vote by the Human Services Commission and announce the result of the vote and identify the no votes and any Commission Members that abstained or recused themselves from the vote. No action shall be taken by secret ballot, but electronic tabulation may be used to record, and report roll call votes. [54953(b)(2) and (c)(2)].

11. Citizens’ Forum/Public Comments

Every agenda shall provide the opportunity for members of the public to address the Human Services Commission on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Commission. The Chairperson may establish time limits per individual speaker. The Commission shall not discuss nor take action on subjects raised under Citizens’ Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Commission, may direct staff to place subjects raised under Citizens’ Forum/Public Comments on a future Commission agenda.

12. Subcommittees

The Human Services Commission may create standing subcommittees (those with ongoing subject-matter jurisdiction and regularly scheduled meetings). Such subcommittees shall be subject to all City policies and the requirements of the Brown Act.

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13. Staff Support

The head of the department that is responsible for supporting the Human Services Commission shall designate one or more employees to serve as staff liaison to the Commission. The Staff Liaison shall prepare and post the agenda, take and maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities or in accordance with direction from the City Manager or City Manager’s designee, and generally assist the Commission in performing its duties. The Staff Liaison shall have no voting authority.

14. Rules of Parliamentary Procedure

15. Types of Meetings

15.1 Regular Meetings

The Human Services Commission shall meet in the William H. Mendenhall Community Room for all regular Commission meetings. The regular meetings shall begin on the second Tuesday of each month at 7:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Human Services Commission shall meet at a date and time designated by the Commission.

15.2 Special Meetings

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The Human Services Commission may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops

The Human Services Commission may meet informally in special meetings designated as workshops that are called by the Chairperson, the Commission liaison, or by a majority of Commission Members. Workshops are special meetings intended for training purposes such as ethics training, sexual harassment prevention and education, and specific technical subjects.

Workshops are open to the public and are meetings for purposes of the Brown Act. The Human Services Commission may provide direction, but unlike other special meetings the Human Services Commission may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Ad journed Regular Meetings

Any meeting of the Human Services Commission may be adjourned to a later date, time, and location, and the notice of adjournment shall be posted within 24 hours on or near the door of the place where the adjourned meeting was held.

16. Actions Limited to Posted Agendas

The Human Services Commission shall not discuss or take action on any item not appearing on the posted notice or agenda for that meeting. However, as permitted by the Brown Act, Commission Members and staff may briefly respond to statements made or questions posed by the Human Services Commission or by members of the public addressing the Human Services Commission.

Commission Members may ask a question of City staff or a speaker for clarification, make a brief announcement, or make a brief report on their own activities.

17. Continuance of Agenda Items

Items listed on a posted agenda should not be continued or postponed absent good cause.

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17.1 Discovery of Good Cause Be fore an Item is Considered

17.2 Good Cause to Continue During Consideration

17.3 Public Comment for a Continued Item

If the opportunity for the public to address the Human Services Commission has concluded and the item was returned to the Human Services Commission for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Human Services Commission. [54955].

18. Consideration of it ems after 11:00 p.m.

18.1 Canvass and Reorder

18.2. No New Items Considered after 11:00 p.m.

Generally, the Human Services Commission will not begin consideration of any items on an agenda after 11:00 p.m., but may complete their consideration of an item that was commenced prior to 11:00 p.m.

18.3 Exceptions

The Human Services Commission may commence consideration of an item after 11:00 p.m. under the following circumstances:

a. An item is subject to a legal deadli ne, such as a project application subject to the Permit Streamlining Act; or,

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b. The Human Services Commission votes to allow consideration of the item after 11:00 p.m.

19 Points of Order, Privilege, and Personal Privilege

A Commission Member may seek a point of privilege. If so, the Chairperson shall ask for an explanation of the Commission Member’s point. Points of privilege generally relate to matters that interfere with a normal flow or comfort of the Human Services Commission’s meeting, such as the inability to hear testimony because of disruption.

If a speaker is interrupted by a point of order, privilege, or personal privilege, the remainder of a speaker’s time will be preserved by the staff liaison until the point is resolved.

20. Minutes - An account of all final actions or recommendations of the Human Services Commission shall be prepared by the staff liaison and approved by the Commission. The staff liaison with input from the City Clerk, and consistent with the uniform format provided by the City Clerk, shall determine the preferred software/recording device used to capture the minutes for their advisory body meetings. Minutes shall be provided for Commission consideration and approval as action minutes.

20.1 Approval

The minutes for a Human Services Commission meeting shall be reviewed and approved as set forth in this section.

a. The Human Services Commission s hall approve minutes for a regular meeting, special meeting, and special meeting workshops.

b. A Human Services Commissioner may not approve the minutes for any meeting that the Commissioner did not attend.

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Also, a Human Services Commissioner may not approve the minutes for a meeting that they were not eligible to attend as a Commissioner.

c. If no Commissioners are eligib le to approve the minutes for a Human Services Commission meeting, then the staff liaison shall attest to the accuracy of the meeting minutes and enter them into official minute books.

20.2 Preferred Method of Recordation and Minutes

Human Services Commission liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Human Services Commission meetings shall be action minutes that capture the action taken by the Human Services Commission and the outcome of each agenda item.

20.3 Staff Attendance & Development of Agenda - Sta ff attendance and agenda development will be determined by the staff liaison for the advisory body.

21. Order of Business – Regular Meetings

The usual order of business for regular meetings shall be as follows:

21.1. Call to Order

This portion of the agenda is for roll call and the pledge of allegiance.

21.2. Citizens Forum

This portion of the agenda is for any member of the public to address the Human Services Commission on any item of interest to the public that is within the Human Services Commission’s subject matter jurisdiction. However, to prepare and preserve a proper administrative record, public comments concerning an item listed elsewhere on the agenda should be reserved and addressed to the Human Services Commission when that item is called for consideration.

The procedures for public comments during the citizens forum are set forth in Section 23 Citizens’ Rights.

21.3. Consent Calendar
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The consent calendar portion of the agenda is for routine items that are not expected to require Human Services Commission discussion. Examples of items for the consent calendar include the approval of minutes. Any Human Services Commissioner may pull an item for separate discussion. Members of the public may address the Human Services Commission on consent calendar items by following the procedures set forth in Section 23 Citizens’ Rights.

The items on the consent calendar are generally approved by the Human Services Commission by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Commission Member interests.

21.4. Matters for Consideration

This portion of the agenda is for items of business that require Human Services Commission action, direction, or receipt of reports that do not also require a public hearing. The procedures for this portion of the agenda follow the following procedure:

21.4.1 Introduction

The Chairperson shall call each item for hearing and consideration. If there are public hearing items, the Chairperson has the discretion to concurrently call the items for hearing and consideration.

21.4.2 Staff Presentation

A member of City staff will then:

a. Introduce themselves and the item by identifying the report and other written material included in the agenda packet for the Human Services Commission’s consideration, as well as any written comments received from the public.

b. Identify any supplemental written ma terials that have been provided to the Human Services Commission for consideration, which were received or prepared for the item after the meeting agenda was published.

c. Identify any other staff members or consultants that will be part of the staff presentation or are otherwise present and available for the Human Services Commission questions.

d. State whether the applic ant is present and whether the applicant intends to make a presentation to the Human Services Commission.

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e. Make an oral report, unless waived by the Human Services Commission.

21.4.3 Human Services Commission Questions or Comments

Following the staff presentation, the Commission Members may ask questions of City staff and consultants or make comments on the item.

21.4.4 Participating Parties

Following Commission Member questions and comments after the staff presentation, the applicant, appellant, and other named participant in the item that is party to an agenda item (collectively “participating parties”) may address the Commission. After the Chair determines that no other participating parties wish to address the Human Services Commission on the hearing item, the Chairperson will then invite Commission Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the Human Services Commission following the procedures set forth in Section 23 Citizens’ Rights.

21.4.5 Opportunity for Public Comment

The purpose of the public hearing is to provide members of the public with an opportunity to address the Human Services Commission concerning the item, as well as to express their support or opposition of the item. The Chairperson will formally announce the opening of the public comment period and invite members of the public to address the Human Services Commission on the item. Public speakers shall address the Human Services Commission following the procedures set forth in Section 23 Citizens’ Rights.

After the Chairperson determines that no other member of the public wishes to address the Human Services Commission on the hearing item, the Chairperson will formally close the public comment period and return the item to the Human Services Commission for deliberation.

21.4.6 Deliberation

Once an item of business returns to the Human Services Commission for deliberation, the Chairperson will invite the Commission Members to discuss the item to develop concurrence for a motion. Commission Members may ask questions of staff and the participating parties as part of their deliberations.

21.4.7. Human Services Commission Action

After Human Services Commission deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Human Services Commission may make such motions as set forth in that section.

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If the motion seconded for consideration is substantially different than the recommended action in the published staff report, the Chairperson may invite public comments on the motion. Each speaker will be limited to one minute to comment on the motion; and the Human Services Commission has discretion to decide not to hear further comment if they choose. Public speakers shall address the Human Services Commission following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Human Services Commission shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Human Services Commission shall deliberate and shall receive the report, take action, or provide direction as set forth in Section 25 Motions.

21.5 Reports and Matters Initiated

This portion of the agenda is for:

a. Each member of the Human Servic es Commission to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Commissioner attended at the City’s expense [53232.2(d)].

b. The city staff to provide informati on of community interest to the Human Services Commission and to seek direction from the Human Services Commission concerning items to be included on future agendas.

c. The Human Services Commission to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during citizens forum.

Livermore City CouncilApril 11, 2022

Livermore City Council
April 11, 2022