Agenda packet — Livermore City Council, December 11, 2023 (part 3 of 4)

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 open 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].

Members of the public have the right to address the Beautification Committee and to attend its meetings. During the citizens open forum portion of a regular ATTACHMENT 2
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meeting 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 open 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
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 ATTACHMENT 2
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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 may 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 the lectern when his or her time to address the Beautification Committee has expired.

23.3.10 A speaker may use his or her allotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise ATTACHMENT 2
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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 citizens open 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 Hearing 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 Beautification 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.

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 Committee’s Attorney.

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.

25.4.2 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 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
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In accordance with Livermore Municipal Code section 12.20.250 appeals of the director’s decision related to 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

COMMISSION FOR THE ARTS

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022 December 2023 DRAFT
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CITY OF LIVERMORE

COMMISSION FOR THE ARTS

RULES OF PROCEDURE
Revised: April 2022

1. Duties and Responsibilities – The Commission 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 priorities 5-Year Strategic Plan adopted by the City Council.
h. Create an annual workplan at the first meeting in January.

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.

5. Elections and Officers – The Commission for the Arts 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 for the Arts.

The role of the officers shall be as follows:
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. 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 Commission for the Arts shall meet on the fourth Tuesday of each month at 4:30 p.m. at the William 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 for the Arts may not meet in closed session. Commission for the Arts 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 Commission for the Arts meeting in the kiosk in front of the Civic Center Meeting Hall, the Civic Center Library and on the City’s website.

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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 regular 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] b. Special Meetings and Workshops
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].

8. 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. 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.

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session.
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 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 open forum.
g. Motion to be Stated - The Chairperson 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)]. Citizens Open 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 establish 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’ Open Forum on a future Commission for the Arts agenda.

11. 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.

12. Staff Support
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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 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 selfinitiated 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.

13. 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.

14. Funding Recommendations
The Commission for the Arts shall review and recommend funding 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.

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16. 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.

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
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 Commission for the Arts may take final action at a special meeting that is not a workshop.

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 Adjourned 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].

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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 Commission for the Arts’ annual calendar. [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 Before 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.

19.2 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.

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 items after 11:00 p.m.

20.1 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 ATTACHMENT 3
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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.

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 deadline, 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
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 Commission for the Arts’ 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 Commission for the Arts 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.

22. Minutes - An account of all final actions 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.

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22.1 Approval
The minutes for a Commission for the Arts meeting shall be reviewed and approved as set forth in this section.
a. The Commission for the Arts shall approve 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 eligible 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 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 Open 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 Open 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 ATTACHMENT 3
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citizens open forum at the conclusion of the matters for consideration portion of the agenda unless the Chair announces that citizens open forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens open forum are set forth in Section 25 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 25 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
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 materials 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.

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d. State whether the applicant is present and whether the applicant intends to make a presentation to the Commission for the Arts.
e. Make an oral report, unless waived 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 25 Citizens’ Rights.

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 25 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 27 Motions, and the Commission for the Arts 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 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 25 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Commission for the Arts shall receive public comment as provided for in Section 25 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 27 Motions.

23.5 Reports and Matters Initiated
This portion of the agenda is for:
a. Each member of the Commission 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 information 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 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 open 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.

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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].

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:

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 25 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens open 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
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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 open 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 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 open 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].

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25.2 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.

25.3 Members of the Public Addressing 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.

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 only 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 the 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 allotted 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, ATTACHMENT 3
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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 citizens open 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)].

25.4 Participating Parties Addressing the Commission for the Arts Participating parties shall comply with the procedures set forth in Section 25 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 25.2 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 Hearing 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 ATTACHMENT 3
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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.

All comments submitted using the staff liaison’s electronic process will be available 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
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.

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
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27.1 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.

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.

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.

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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 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.

27.4 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.

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 27.4.2 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
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 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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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 Commission for the Arts 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 19 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 Commission for the Arts 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 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
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?”

28. Action and Direction

28.1 Votes, General Rules
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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.

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.

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 28.3 Abstentions and Silence shall govern how the Commission Member’s silence or abstention is tabulated.

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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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.

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
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

HISTORIC PRESERVATION COMMISSION

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022 December 2023 - DRAFT
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1 HISTORIC PRESERVATION COMMISSION

RULES OF PROCEDURE

RECOMMENDED TO BE SUNSET

1. Duties and Responsibilities – The Historic 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 preservation 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 register of all designated landmarks; D. Encourage public awareness of involvement in the architectural and environmental heritage of the City through 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 Planning Commission in order to integrate heritage resource consideration into the planning process; G. Recommend and encourage the protection, 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 resource owner, provide advice and guidance for the preservation of such heritage resource; I. Encourage and participate in the development of a cultural heritage element in the general plan;
J. Cooperate with and encourage the formation of private cultural heritage groups in the city, and county, state and federal government; ATTACHMENT 4
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2 K. Conduct interviews and provide recommendation to the City Council for the appointment of City Historian (Resolution 2005-233); and.

L. Support the goals and priorities 5-Year Strategic Plan adopted by the City Council.

M. Create an annual workplan at the first meeting in January.

2. Members – The Historic Preservation Commission 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 final decision to remove a member from the Commission rests solely with the City Council.

5. Elections and Officers – The Historic Preservation 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. 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.

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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 Preservation Commission shall meet on the first Thursday of each month at 7:00 pm in the William H. Mendenhall Community Room, 1016 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 Preparation and Posting – The staff liaison shall post the notices and agendas for each Historic Preservation Commission meeting in the kiosk in front of the Civic Center Meeting Hall, the Civic Center Library and on the City’s website.
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 regular 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] b. Special Meetings and Workshops
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].

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 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.

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4 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
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 Historic Preservation Commission.
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 2011, Historic Preservation 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. Voting on Items – Voting on items shall be in accordance with Rosenberg’s Rules of Order, Revised 2011 and Parliamentary Procedures. The Historic Preservation Commission shall not take a sealed ballot vote in open session.
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 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 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 ATTACHMENT 4
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5 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 open forum.
g. Motion to be Stated - The Chairperson 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’ Open 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’ Open Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Commission, may direct staff to place subjects raised under Citizens’ Open’ 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
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 ATTACHMENT 4
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6 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 selfinitiated 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
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

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
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 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.

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7 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 Adjourned 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].

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 Historic Preservation Commission’s annual calendar. [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.

18.1 Discovery of Good Cause Before 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.

18.2 Good Cause to Continue During Consideration
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8 Once an item has been taken up for consideration, City staff, a Commission Member, or a participating party as defined in Section 22.4.4 Participating Parties may request a continuance of the item. The item may only be continued following a majority vote of the Commission Members present.

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 items after 11:00 p.m.

19.1 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.

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 deadline, such as a project application subject to the Permit Streamlining Act; or,

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

20. 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 ATTACHMENT 4
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9 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 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 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.

21.1 Approval
The minutes for a 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. A Historic Preservation Commissioner may not approve the minutes for any meeting that the Commissioner did not attend.

Also, a Historic Preservation 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 a 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 ATTACHMENT 4
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10 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’ Open 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.

Citizens’ Open 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 open forum at the conclusion of the matters for consideration portion of the agenda unless the Chair announces that citizens open forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens open forum are set forth in Section 24 Citizens’ Rights.

22.3. Consent Calendar
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 24 Citizens’ Rights.

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11 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 materials 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 applicant is present and whether the applicant intends to make a presentation to the Historic Preservation Commission. 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.

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12 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 24 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 24 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
After Historic Preservation Commission deliberation, the Chairperson shall call for a motion and a second as set forth in Section 26 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 ATTACHMENT 4
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13 shall address the Historic Preservation Commission following the procedures set forth in Section 24 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Historic Preservation Commission shall receive public comment as provided for in Section 24 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 26 Motions.

22.5 Reports and Matters Initiated
This portion of the agenda is for:
a. Each member of the Historic Preservation 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 open 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].

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.

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14 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].

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 24 Citizens’ Rights.

However, unlike a regular meeting, the agenda for a special meeting will not include a citizens open 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
Generally, the procedures for this portion of the agenda follow the procedures in Section 22.4.1 Introduction, 22.4.2 Staff Presentation, 22.4.3 Questions and Comments, and 22.4.6 Deliberations. The Historic Preservation Commission may take a final action at a special meeting, but not at a workshop, as set forth in Section 16.2 Special Meetings and Section 16.3 Special Meeting Workshops.

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

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15 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 open 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 open 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.

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 ATTACHMENT 4
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16 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
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.

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 only address the Historic Preservation Commission from the lectern. No member of the public, other than the speaker at 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.

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17 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 allotted 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 citizens open 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 24 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 24.2 Speaker Time Limit.

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].

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18 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-atArms 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 Hearing 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 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 ATTACHMENT 4
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19 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
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.

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
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.

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.

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20 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 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
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21 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.

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
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 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.
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. 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 18 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 ATTACHMENT 4
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22 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
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?”

27. Action and Direction

27.1 Votes, General Rules
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.

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 ATTACHMENT 4
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23 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.

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 27.3 Abstentions and Silence shall govern how the Commission Member’s silence or abstention is tabulated.

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
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.

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 ATTACHMENT 4
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24 item, in which case the minutes will reflect that the Commission Member abstained from the vote.

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 2022 December 2023 DRAFT
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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. Provide advice to the City Council regarding community needs that the Multi-Service Center should address, the types of services the MultiService Center should or should not provide, and tenant agencies that might be allocated space in the Multi-Service Center.
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. 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. (This section moved under h. below.)
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. 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. 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. Advise the City Council of social needs within the community that will affect the delivery of human services and unaddressed needs. 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. 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. (this was item c. above)
j. Support the goals and priorities 5-Year Strategic Plan adopted by the City Council.
k. The Commission will create an annual workplan at the first meeting in January.

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.

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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.

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. 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. 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 Human Services Commission shall meet on the second Tuesday of each month at 7:00 p.m. at the William H. Mendenhall Community Room, 1016 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 Preparation and Posting – The staff liaison shall post the notices and agendas for each Human Services Commission meeting in the kiosk in front of the Civic Center Meeting Hall, the Civic Center Library and on the City’s website. a. Regular Meetings
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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 regular 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] b. Special Meetings and Workshops
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].

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 constitute 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.

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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 2011 and Parliamentary Procedures. The Human Services Commission shall not take a sealed ballot vote in open session.
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 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 Human Services 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 Human Services Commission later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens open forum.
g. Motion to be Stated - The Chairperson 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’ Open 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’ Open Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Commission, may direct staff to place subjects raised under Citizens’ Open Forum/Public Comments on a future Commission agenda.

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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.

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.

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 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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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 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 Adjourned 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.

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 Human Services Commission’s annual calendar. [54955]

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.

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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 Before 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 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 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 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 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
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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 deadline, such as a project application subject to the Permit Streamlining Act; or,
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 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 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.

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a. The Human Services Commission shall 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.

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 eligible 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 - 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 Open 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.

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the agenda unless the Chair announces that citizens open forum is reordered to a different place on the agenda.

The procedures for public comments during the citizens open 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 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.

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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 applicant is present and whether the applicant intends to make a presentation to the Human Services Commission. 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
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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.

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 Services 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 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 open forum. d. The Human Services 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.

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Members of the public do not have the right to address the Human Services 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].

21.6 Adjournment
This portion of the agenda is for the Chairperson to adjourn the Human Services 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.

Members of the public do not have the right to address the Human Services 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].

Adjournment at any other point in the meeting requires a formal motion by the Human Services 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 Human Services Commission on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Human Services 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 open forum or opportunity for the public to address the Human Services Commission on any item of interest to the public that is within the ATTACHMENT 5
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Human Services Commission’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 Human Services 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 Human Services 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 Human Services Commission and to attend its meetings. During the citizens open forum portion of a regular meeting agenda, members of the public have a right 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. Members of the public also have the right to address the Human Services Commission before the Human Services 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, Human Services Commission Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the Human Services 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 Human Services Commission are as follows:

23.1 Addressing the Human Services Commission
Members of the public that want to address the Human Services Commission during citizens open forum or before the Human Services 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 ATTACHMENT 5
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methods for addressing the Human Services Commission will be described at each meeting. The staff liaison will prominently display the methods to address the Human Services Commission in the William H. Mendenhall Community Room.

Before an item is considered by the Human Services 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 Human Services 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 Human Services 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 Human Services 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 Human Services Commission

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

A speaker is not required to provide his or her name or address to address the Human Services Commission. However, to the extent such information is relevant to the issues being considered by the Human Services Commission, the absence of such information may bear on the speaker’s credibility and the weight the Human Services Commission affords the speaker’s comments.

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

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23.3.4 Members of the public may only address the Human Services Commission from the lectern. No member of the public, other than the speaker at the lectern, may address the Human Services 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, 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 Human Services 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 the lectern when his or her time to address the Human Services Commission has expired.

23.3.10 A speaker may use his or her allotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Human Services 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 citizens open forum, speakers may address the Human Services Commission on any item of interest to the public within the Human Services 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 Human Services 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 Addressing the Human Services Commission Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Human Services Commission, except that the participating parties shall each have up to a maximum of 10 minutes to address the Human Services Commission. The Chairperson may set and announce the time limit for each active participant to address the Human ATTACHMENT 5
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Services 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 Human Services Commission, shall not be prohibited.

23.6 Disruptive Speech and Conduct
Any person unduly disrupting a Human Services Commission meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Human Services 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 Human Services Commission to complete its business.

23.7 Written Communications – Post Hearing 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 Human Services Commission through the Human Services 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 Human Services 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 Human Services 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 Human Services Commission immediately upon submission. The staff liaison shall post on the City’s website ATTACHMENT 5
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and deliver any additional materials received by 12:00 p.m. the day of the meeting to the Human Services Commission in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Human Services Office before 12:00 p.m. noon on the day of the Human Services Commission meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Human Services Commission meeting, any member of the public that desires to submit materials to the Human Services Commission for consideration at that meeting is hereby instructed to present 9 copies of the materials to the staff liaison for distribution to the Human Services Commission 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 Human Services 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. Human Services Commission Deliberation
Human Services 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.

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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 Human Services 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 Human Services 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.

25.3 Simultaneous Motions
The Human Services 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 Human Services Commission have been resolved. When two or three motions are before the Human Services Commission, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is ATTACHMENT 5
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before the Human Services 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.

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
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.

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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 Human Services 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 Human Services 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 Human Services 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 Human Services 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 Human Services 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
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26.1 Votes, General Rules
Unless otherwise provided, the Human Services 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.

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 Human Services 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 Human Services Commission and an appeal could be submitted for final decision by the City Council.

26.3 Abstentions and Silence
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The City Council discourages abstentions since abstentions without legal conflict may impede the Human Services Commission’s 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.

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.

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CITY OF LIVERMORE

LIVERMORE AREA YOUTH ADVISORY

COMMISSION

RULES OF PROCEDURE
Prepared by the City Clerk's Office
July 2014 December 2023 - DRAFT
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LIVERMORE AREA YOUTH ADVISORY COMMISSION

RULES OF PROCEDURE

RECOMMENDED TO BE CONVERTED TO A LIBRARY ACTIVITY

1. Mission, Duties and Responsibilities - The Livermore Area Youth Advisory Commission shall have the following mission, duties and responsibilities:

Mission
The Livermore Area Youth Advisory Commission promotes youth involvement in the Livermore community and supports communication between the elected leaders and the young people in the area. The Commission creates a forum for ideas and concerns and provides a vehicle for the interests and needs of youth to be communicated to the City Council and to the Livermore Area Recreation and Park District.

Duties and Responsibilities - The Livermore Area Youth Advisory Commission shall have the following duties and responsibilities:

A. Promote youth involvement in the Livermore community and support communication between the elected officials and the young people in the area.

B. Create a forum for ideas and concerns and provide a vehicle for the interests and needs of youth, to be communicated to the City Council and to the Livermore Area Recreation and Park District.

C. Establish a forum for the youth of Livermore to participate in alerting the community to the needs of youth in Livermore and in finding solutions to address those needs.

D. Establish a clearinghouse of information regarding resources for youth by collecting such information, keeping it up-to-date, and publicizing it in the various media (flyers, newspapers, community television, radio, the Internet, etc.).

E. Promote tolerance and appreciation of diversity in Livermore youth through organizing and supporting events.

F. Support the goals and priorities 5-Year Strategic Plan adopted by the City Council.

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G. Create an annual workplan at the first meeting in January.

2. Members, Recruitment and Application
A. Members
i. The Livermore Area Youth Advisory Commission shall consist of eighteen members. Fifteen members shall be youths, ages 12 through 20, preferably attending Livermore schools. Youth members who attend Livermore schools are not required to be residents of the City of Livermore. Three members shall be nonvoting adult members; adult members shall be residents of the City of Livermore.
ii. Youth members shall consist, to the degree possible, of equal representation from Livermore's middle and high schools. Five atlarge youth members shall also be appointed. iii. Adult members shall be non-voting and preferably represent different sectors in the community (business, school and at large). iv. Overall, members shall represent the diversity of the population of Livermore.

B. Recruitment
i. Commission members shall be recruited through media, schools, presentations and flyers.

C. Application
i. Application forms shall be available from and may be submitted through the city advisory body application portal. any of the following places: Livermore Area Recreation and Park District office, Horizons Family Counseling, and the Livermore City Clerk's office.
ii. All applications shall be forwarded to the City Clerk for processing and to set up applicant interviews.

3. Term limits - Livermore Area Youth Advisory Commission members shall serve no more than four consecutive two-year terms or a total of eight years, unless the member was selected to complete an unexpired term or unless otherwise noted.

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4. Attendance Policy- Livermore Area Youth Advisory Commission members may miss two unexcused consecutive regular meetings and no more than three meetings total in a calendar year. A member who misses more than the specified number of meetings may be subject to removal from the Commission.

The Commission may request that the City Council remove from the Commission any members who miss more than the specified number of meetings. 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 - At the first meeting of September of each year, the Livermore Area Youth Advisory Commission will elect from the youth members the following officers:

A. Chairperson - The Chairperson shall preside at all regular meetings and may call special meetings. The Chairperson shall appoint subcommittees and Chairpersons of subcommittees as necessary. The Chairperson shall · sign all official correspondence on behalf of the Commission. The Chairperson shall represent the Commission before the Livermore City Council and before the Livermore Area Recreation and Park District Board of Directors. The Chairperson shall decide upon all points of order and procedure during the meeting.

B. Vice Chairperson - The Vice Chairperson shall assume all duties of the Chairperson in the absence or disability of the Chairperson. The Vice Chairperson shall assist the Chairperson and perform those duties delegated by the Chairperson. The Vice Chairperson shall take minutes in the absence of the Secretary.

C. Secretary- The Secretary shall record the minutes of all regular meetings of the Commission. The Secretary shall prepare all correspondence for the signature of the Chairperson.

D. Communications Chairperson - The Communications Chairperson shall contact the news media for publicity in connection with an event organized by the Commission, contact the news media if a meeting agenda is of special interest to the public, and contact newspapers with information of interest to the public.

E. Presiding Officer - In the absence of the Chairperson or Vice Chairperson, the members present shall select a Presiding Officer.

6. Meetings - The Livermore Area Youth Advisory Commission shall meet on the first Monday of each month at 7:00 p.m. in the Robert Livermore Community Center, 4444 East Avenue, Livermore, CA. Meetings shall begin promptly as ATTACHMENT 6
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noted pursuant to this provision. All meetings shall be open to the public. The Commission may not meet in closed session. The Commission may not participate in meetings by teleconference.

7. Agenda Preparation and Posting - 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 regular 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. 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 Livermore Area Youth Advisory Commission shall be prepared by the Commission Secretary and approved by the Commission. Once approved, minutes shall be promptly forwarded to the City Clerk's Office.

9. Quorum - One-half of the current membership plus one member will constitute a quorum of the Livermore Area Youth Advisory Commission. Non-voting adult members shall not be counted in constituting a quorum. 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. 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 Livermore Area Youth Advisory Commission.

B. General Conduct of Meetings - Points of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act, Robert's Rules of Order, Livermore Area Youth Advisory 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.

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C. Voting on Items - Voting on items shall be in accordance with Robert's Rules of Order and Parliamentary Procedures. The Livermore Area Youth Advisory Commission shall not take a sealed ballot vote in open session.

11. Citizens' Open Forum/Public Comments
Every agenda shall provide the opportunity for members of the public to address the Livermore Area Youth Advisory 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' Open 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 Youth Advisory 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.

The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum of the Commission, as subcommittees. The Commission may appoint non-Commission members to the Subcommittee in an effort to obtain additional public involvement, as needed.

Subcommittees make recommendations directly to the Commission. A subcommittee may not represent the Commission before the Livermore City Council or before the Livermore Area Recreation and Park District or other bodies unless the subcommittee has first received authorization of the Commission to do so.

13. Staff Support
The head of the City of Livermore department that is responsible for supporting the Youth Advisory Commission shall designate one or more employees to serve as staff liaison to the Youth Advisory Commission. The Livermore Area Recreation and Park District shall also appoint an employee to serve as a staff liaison. The Staff Liaisons shall prepare and post the agenda, maintain meeting minutes, prepare other documents as directed by the Chairperson in accordance with City Council Goals and Priorities 5-Year Strategic Plan or in accordance with direction from the City Manager or City Manager's designee, and generally assist the Youth ,Advisory Commission in performing its duties. The Staff Liaisons shall have no voting authority.

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14. Special Events
A. The Commission may hold a Youth Town Meeting or conduct a survey in the Livermore area each. The purpose of the meetings or survey shall be to:
i. Create a forum for ideas and concerns from Livermore's youth. ii. Inform the youth in Livermore of activities regarding the Commission and other activities and policies of interest. iii. Provide the opportunity for the youth of Livermore to communicate their concerns and interests to the City Council and to the Livermore Area Recreation and Park District Board of Directors through the Commission.
iv. Recruit new members.

B. Commission member participation and duties:
i. All members of the Commission are expected to attend at least two community events per year.
ii. The Commission shall include an annual summary report of these meetings to the City Council and to the Livermore Area Recreation and Park District Board of Directors.

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CITY OF LIVERMORE

LIBRARY BOARD OF TRUSTEES

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022 December 2023 DRAFT
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LIBRARY BOARD OF TRUSTEES

RULES OF PROCEDURE

1. Duties and Responsibilities – The Library Board of Trustees shall have the following duties and responsibilities:
a. Carry out all duties, including preparation of an annual report update and report, as required by section 18927 of the California Education Code. b. Serve as advocates for the library, within the local community and the state.
c. Know the programs and needs of the library in relation to the community and keep abreast of standards and library trends, and assist the Library librarian in planning the library programs through review, discussion, and feedback on items on the meeting agenda. and support the librarian and staff in carrying out said programs.
d. Assist in establishing financial support for library programs. e. Assist in the preparation of the annual budget.
f. e. Know local and state laws and actively support library legislation in the state and nation.
g. f. Assist in establishing library policies. dealing with the library collection. h. g. Support the goals and priorities 5-Year Strategic Plan adopted by the City Council.
i. h. The Commission will create an annual workplan at the first meeting in January.

2. Members – The Library Board of Trustees shall consist of five members, all of whom shall be residents of the City of Livermore.

3. Term limits – Library Board of Trustees members shall serve no more than three consecutive three-year terms or a total of nine years unless the member was selected to complete an unexpired term or unless otherwise noted.

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specified maximum terms are not eligible for appointment to an unexpired term.

However, members may be appointed back to the Library Board of Trustees after a break in service of two years.

4. Attendance Policy – Library Board of Trustees 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 Board. The staff liaison will document all absences and report to the City Clerk when a member of the Board 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 Board 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 Board rests solely with the City Council.

5. Elections and Officers – The Library Board of Trustees 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 Board. The role of the officers shall be as follows:
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. 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 Library Board of Trustees shall meet on the fourth Thursday of each month at 7:00 p.m. in the William H. Mendenhall Community Room, 1016 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 to this provision. All meetings shall be open to the public. The Board may not meet in closed session. Board 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 Library Board of Trustees meeting in the kiosk in front of the Civic Center Meeting Hall, the Civic Center Library and on the City’s website. a. Regular Meetings
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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] b. Special Meetings and Workshops
Notice of the call for a special meeting must be delivered and received by each Board 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].

8. Minutes of Proceedings – An account of all proceedings of the Library Board of Trustees shall be prepared by the staff liaison and approved by the Board. 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 Board consideration and approval as action minutes.

9. Quorum – Three members constitute a quorum of the Library Board of Trustees.

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 Board 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.

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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 orderand the Board 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 Board 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 Library Board of Trustees 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 Library Board of Trustees later in the meeting. The Chairperson shall announce the reorder prior to calling members of the public to speak during citizens open forum.
g. Motion to be Stated - The Chairperson shall state all motions submitted for a vote by the Library Board of Trustees and announce the result of the vote and identify the no votes and any Board 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’ Open Forum/Public Comments
Every agenda shall provide the opportunity for members of the public to address the Library Board of Trustees on subjects which are not listed on the agenda and are within the subject matter jurisdiction of the Board. The Chairperson may establish time limits per individual speaker. The Board shall not discuss nor take action on subjects raised under Citizens’ Open Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Board, may direct staff to place subjects raised under Citizens’ Open Forum/Public Comments on a future Board agenda.

12. Subcommittees
The Library Board of Trustees 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 Library Board of Trustees shall designate one or more employees to serve as staff liaison to the Board. 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 Board in performing its duties. The Staff Liaison shall have no voting authority.

Board Members must work with their assigned staff liaison and the liaison’s Department Head to obtain the City Council’s approval before beginning any selfinitiated project that will require more than 8 hours of staff time to complete that year. However, the Board 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. Types of Meetings

15.1 Regular Meetings
The Library Board of Trustees shall meet in the William H. Mendenhall Community Room for all regular Board meetings. The regular meetings shall begin on the fourth 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 Library Board of Trustees shall meet at a date and time designated by the Board.

15.2 Special Meetings
Special meetings may be called by the Board Chair, the Board liaison or by a majority of Board 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 Library Board of Trustees may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops
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The Library Board of Trustees may meet informally in special meetings designated as workshops that are called by the Chairperson, the Board liaison, or by a majority of Board 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 Library Board of Trustees may provide direction, but unlike other special meetings the Library Board may not take a final action at a workshop. [54956].

15.4 Adjourned Meetings, and Adjourned Regular Meetings Any meeting of the Library Board of Trustees 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.

The Chairperson, Board liaison, or majority of Board 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 Library Board of Trustees’ annual calendar. [54955]

16. Actions Limited to Posted Agendas
The Library Board of Trustees 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, Board Members and staff may briefly respond to statements made or questions posed by the Library Board of Trustees or by members of the public addressing the Library Board of Trustees. Board 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.

17.2 Good Cause to Continue During Consideration
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Once an item has been taken up for consideration, City staff, a Board 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 Board Members present.

17.3 Public Comment for a Continued Item
If the opportunity for the public to address the Library Board of Trustees has concluded and the item was returned to the Library Board of Trustees for deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Library Board of Trustees. [54955].

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 Board 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 Board Member.

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

Generally, the Library Board of Trustees 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 Library Board of Trustees 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 Library Board of Trustees votes to allow consideration of the item after 11:00 p.m.

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

A Board Member may ask for a point of personal privilege when the integrity, character, or motives of the Board Member are called into question by a speaker; or where the welfare of the Library Board of Trustees 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 actions or recommendations of the Library Board of Trustees shall be prepared by the staff liaison and approved by the Board. 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 Board consideration and approval as action minutes.

20.1 Approval
The minutes for a Library Board of Trustees meeting shall be reviewed and approved as set forth in this section.
a. The Library Board of Trustees shall approve minutes for a regular meeting, special meeting, and special meeting workshops. b. A Library Board Member may not approve the minutes for any meeting that the Board Member did not attend.

Also, a Library Board of Trustees Member may not approve the minutes for a meeting that they were not eligible to attend as a Board Member. c. If no Board Members are eligible to approve the minutes for a Library Board of Trustees 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
Library Board of Trustees liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule.

Minutes of Library Board of Trustees meetings shall be action minutes that capture the action taken by the Library Board of Trustees and the outcome of each agenda item.

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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’ Open Forum
This portion of the agenda is for any member of the public to address the Library Board of Trustees on any item of interest to the public that is within the Library Board of Trustees’ 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 Library Board of Trustees when that item is called for consideration.

The procedures for public comments during the citizens open 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 Library Board of Trustees discussion. Examples of items for the consent calendar include the approval of minutes. Any Library Board Member may pull an item for separate discussion. Members of the public may address the Library Board of Trustees 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 Library Board of Trustees by a single motion, but separate motions may be appropriate to accommodate a conflict of interest, an absence, or other Board Member interests.

21.4. Matters for Consideration
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hearing. The procedures for this portion of the agenda follow the following procedure:

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 Library Board of Trustees’ consideration, as well as any written comments received from the public. b. Identify any supplemental written materials that have been provided to the Library Board of Trustees 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 Library Board of Trustees questions.
d. State whether the applicant is present and whether the applicant intends to make a presentation to the Library Board of Trustees. e. Make an oral report, unless waived by the Library Board of Trustees.

21.4.3 Library Board of Trustees Questions or Comments
Following the staff presentation, the Board Members may ask questions of City staff and consultants or make comments on the item.

21.4.4 Participating Parties
Following Board 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 Board. After the Chair determines that no other participating parties wish to address the Library Board of Trustees on the hearing item, the Chairperson will then invite Board Member questions or comments of the participating parties and staff concerning the item. Participating parties shall address the Library Board of Trustees 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 Library Board of Trustees 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 Library Board of Trustees on the item. Public speakers shall address the Library Board of Trustees 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 Library Board of Trustees on the hearing item, the Chairperson will formally close the public comment period and return the item to the Library Board of Trustees for deliberation.

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

21.4.7. Library Board of Trustees Action
After Library Board of Trustees’ deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Library Board of Trustees 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 Library Board of Trustees has discretion to decide not to hear further comment if they choose. Public speakers shall address the Library Board of Trustees following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Library Board of Trustees shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Library Board of Trustees 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 Library Board of Trustees to provide brief reports on any conferences, training, community meetings, or other events of interest to the community that the Board Member attended at the City’s expense [53232.2(d)].

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b. The city staff to provide information of community interest to the Library Board and to seek direction from the Library Board of Trustees concerning items to be included on future agendas.
c. The Library Board of Trustees 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 c citizens open forum. d. The Library Board of Trustees to request staff to provide information, perform studies, or undertake other administrative functions or to develop information for Board 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 Library Board of Trustees 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 Library Board of Trustees 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 Library Board.

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 Library Board of Trustees on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Library Board of Trustees 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 open forum or opportunity for the public to address the Library Board of Trustees on any item of interest to the public that is within the Library Board of Trustees’ 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 Library Board 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 Library Board of Trustees 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 Library Board of Trustees and to attend its meetings. During the citizens open forum portion of a regular meeting agenda, members of the public have a right to address the Library Board of Trustees on any item of interest to the public that is within the Library Board of Trustees’ subject matter jurisdiction. Members of the public also have the right to address the Library Board of Trustees before the Library Board of Trustees considers or takes action on an item on any regular meeting agenda, except for items properly listed or considered in the Call to Order, Library Board of Trustees Reports and Matters Initiated, and the Adjournment portions of the agenda.

Members of the public shall be provided an opportunity to address the Library Board of Trustees 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 Library Board of Trustees are as follows:

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23.1 Addressing the Library Board of Trustees
Members of the public that want to address the Library Board of Trustees during citizens open forum or before the Library Board of Trustees 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 Library Board of Trustees will be described at each meeting. The staff liaison will prominently display the methods to address the Library Board of Trustees in the William H. Mendenhall Community Room.

Before an item is considered by the Library Board of Trustees, 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 Library Board of Trustees 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 Library Board of Trustees’ 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 Library Board Member’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.3 Members of the Public Addressing the Library Board of Trustees

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

23.3.2 The Chairperson may request each speaker to state his or her name and city of residence before addressing the Library Board of Trustees. A speaker is not required to provide his or her name or address to address the Library Board of Trustees. However, to the extent such information is relevant to the issues being considered by the Library Board of Trustees, the absence of ATTACHMENT 7
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such information may bear on the speaker’s credibility and the weight the Library Board of Trustees affords the speaker’s comments.

23.3.3 Speakers shall address their comments only to the Library Board of Trustees as a body and not to a particular member.

23.3.4 Members of the public may only address the Library Board of Trustees from the lectern. No member of the public, other than the speaker at the lectern, may address the Library Board of Trustees, unless called upon by the Chairperson.

23.3.5 No question shall be asked of Board Members by a speaker, except through the Chairperson. No question shall be asked of a speaker by a Board Member, except through the Chairperson. Board 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 Library Board of Trustees’ 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 the lectern when his or her time to address the Library Board of Trustees has expired.

23.3.10 A speaker may use his or her allotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Library Board of Trustees 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 citizens open forum, speakers may address the Library Board of Trustees on any item of interest to the public within the Library Board of Trustee’ 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 Library Board of Trustees. [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 Library Board of Trustees Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Library Board, except that the participating parties shall each have up to a maximum of 10 minutes to address the Library ATTACHMENT 7
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Board of Trustees. The Chairperson may set and announce the time limit for each active participant to address the Library Board of Trustees 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 Library Board of Trustees, shall not be prohibited.

23.6 Disruptive Speech and Conduct
Any person unduly disrupting a Library Board of Trustees meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Library Board of Trustees, 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 Library Board of Trustees to complete its business.

23.7 Written Communications – Post Hearing 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 Library Board of Trustees through the Library Board of Trustees 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 Library Board of Trustees 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 Library Board of Trustees 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 Library Board of Trustees immediately upon submission. The staff liaison shall post on the City’s website and deliver any ATTACHMENT 7
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additional materials received by 12:00 p.m. the day of the meeting to the Library Board of Trustees in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Library Board of Trustees before 12:00 p.m. noon on the day of the Library Board of Trustees’ meeting, will be included in the supplemental packet. After 12:00 p.m. noon on the day of the Library Board of Trustees’ meeting, any member of the public that desires to submit materials to the Library Board of Trustees for consideration at that meeting is hereby instructed to present 8 copies of the materials to the staff liaison for distribution to the Library Board of Trustees 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 Library Board of Trustees
Once a meeting is called to order, no member of the public shall enter the area between the Board 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 Board Members and City staff.

24. Library Board of Trustees Deliberation
Library Board of Trustees 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 Board 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 Board 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 Board Member wishes to make the motion, subject to another Board Member’s second.

25.2 Categories of Motions
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There are four categories of motions that the Library Board of Trustees 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 Board 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 Library Board of Trustees. 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.

25.3 Simultaneous Motions
The Library Board of Trustees may consider up to three motions on the floor at one time. The Chairperson may reject a fourth motion until the three before the Library Board of Trustees have been resolved. When two or three motions are before the Library Board of Trustees, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Library Board 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.

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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 Board Member comment and discussion before calling for a vote. Non-debatable motions are not subject to Board 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 Board 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 Board’s deliberations and, upon receipt of a second, should be voted on immediately. The Board’s non-debatable motions are as follows:
a. Motion to Adjourn. If passed, a motion to adjourn requires the Library Board of Trustees to immediately adjourn to its next regularly scheduled meeting. b. Motion to Recess. If passed, a motion to recess requires the Library Board of Trustees 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 Library Board of Trustees 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 Library Board of Trustees 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 Board Member, or a participating party, as set forth in Section 17 Continuance of Agenda Items, or a scheduling problem ATTACHMENT 7
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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 Library Board of Trustees 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 Library Board of Trustees 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 Library Board of Trustees 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 Library Board of Trustees may be made as follows: (1) The motion must be made by a Board Member that voted along with majority that voted for the original motion that passed, although the motion for reconsideration may be seconded by any Board 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 Board Member Appeal
Any Board Member may appeal any ruling by the Chairperson. If a Board 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 Library Board of Trustees’ 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 Board Members present is necessary to pass a motion providing direction to staff or establishing administrative policy.

Any Board Member may, before the “Nays” are called for, demand that a roll call vote be taken on the motion before the Board. The Chairperson’s name shall be called last with other Board Members’ names called in alphabetical order by the ATTACHMENT 7
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staff liaison. Board Members shall not give explanations for their vote during roll call.

If a Board 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 Board 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 Board Member absence, and the absent Board Member does not have a conflict of interest related to the item being voted on, the Library Board may continue the item to a subsequent meeting when the absent Board 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 Library Board 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 Library Board of Trustees’ actions, for example by causing a tie vote. Abstentions also deprive Livermore residents of one vote of five and may diminish accountability of Board Members on items of legitimate concern. At the same time, it is not the City Council’s intention to impede any individual Board Member’s right to choose not to speak or vote on an item.

If any Board Member wishes to abstain from voting on a motion, the Board 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 Board Member abstained from the vote.

If the Board Member does not announce an abstention when the item of business is first called for consideration, or the Board Member participates in the ATTACHMENT 7
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consideration of the item, and the Board Member’s abstains during the vote, then that Board Member’s vote shall be tabulated in favor of the motion.

Silence of any Board Member shall be tabulated along with the majority of the votes cast by the Board Members present and voting on the motion since the silent Board 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 Board Member.

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

ATTACHMENT 7
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CITY OF LIVERMORE

LIVERMORE HOUSING AUTHORITY

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022 December 2023 DRAFT
ATTACHMENT 8
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LIVERMORE HOUSING AUTHORITY
APRIL 2022
1 LIVERMORE HOUSING AUTHORITY

RULES OF PROCEDURE

1. Duties and Responsibilities – The Livermore Housing Authority shall have the following duties and responsibilities:

A. The Livermore Housing Authority administers and oversees the low-income housing units at Leahy Square. Additionally, the Authority oversees the Section Eight Voucher Program for subsidized housing. The Authority may also contract with the City of Livermore and other governmental agencies to oversee transitional housing or affordable housing programs.

B. Support the goals and priorities 5-Year Strategic Plan adopted by the City Council.

2. Members – The Livermore Housing Authority shall consist of seven members, all of whom must be residents of the City of Livermore. Two of the members must be current Housing Authority tenants. (Health & Safety Code 34270)

3. Term limits – 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. Authority 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 Housing Authority after a break in service of two years.

4. Attendance Policy – Livermore Housing Authority 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 Authority. 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 ATTACHMENT 8
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2 consideration. The final decision to remove a member from the Commission rests solely with the City Council.

5. Elections and Officers – The Livermore Housing Authority 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 Authority. The role of the officers shall be as follows:

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. 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.

D. Secretary – the Secretary shall be the Executive Director of the Livermore Housing Authority and, as Executive Director, shall have general supervision over the administration of its business and affairs, subject to the direction of the Authority. The Secretary shall be charged with the management of the housing projects of the Authority.

The Secretary shall keep the records of the Livermore Housing Authority, shall act as secretary of the meetings of the Authority and record all votes, keep a record of the proceedings of the Authority, and perform all duties incident to the office. The Secretary shall keep in a safe custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority.

The Secretary shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Secretary shall normally sign all orders and checks for the payment of money and shall pay out and disburse such money under the direction of the Authority. The Secretary shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or oftener when requested), an account of his/her transactions and also of the financial condition of the Authority. The Secretary shall give such bond for the faithful performance of his/her duties as the Authority may determine.

The compensation of the Secretary shall be determined by the Authority, provided that a temporary appointee selected from among the members of the Authority shall serve without compensation (other than the payment of necessary expenses).

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3 6. Meetings – The Livermore Housing Authority shall meet on the second Wednesday of each month at 5:30 p.m. at 3203 Leahy Way, Livermore, CA.

Meetings shall begin promptly as noticed pursuant to this provision. All meetings shall be open to the public.

7. Agenda Preparation and Posting – 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 regular 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. 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 Livermore Housing Authority shall be prepared by the staff liaison and approved by the Authority.

9. Quorum – Four members constitute a quorum of the Livermore Housing Authority. 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 Authority 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.

B. General Conduct of Meetings – Points of order shall be settled by the Chairperson. Points of order shall comply with the Brown Act, Robert’s Rules of Order, Livermore Housing Authority Rules of Procedure and City policies. The Chairperson will consult with staff as necessary.

Unresolved issues shall be referred to legal counsel 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 Robert’s Rules of Order and Parliamentary Procedures. The Livermore Housing Authority shall not take a sealed ballot vote in open session.

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

12. Subcommittees
The Chairperson may establish an Executive Committee composed of the Chairperson, Vice Chairperson and one other Commissioner and an alternate.

The Executive Committee may take action for the Livermore Housing Authority between regular meetings if such action cannot await action of the full Authority.

However, such actions must be submitted for approval to the full Authority at its next regular business meeting. The Executive Committee may also review business items prior to any meeting for recommendations to the full Authority.

The Chairperson shall appoint a Finance Committee which shall make budget and investment recommendations to the full Authority and shall review Authority financial transactions on a quarterly basis.

13. Staff Support
The Secretary shall be appointed by the Livermore Housing Authority. Any person appointed to fill the office of Secretary, or any vacancy therein, shall have such term as the Authority fixes, but no member of the Authority shall be eligible to this office except as a temporary appointee.

The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Housing Authorities Law, as amended, of California and all other laws of the State of California applicable thereto. The selection and compensation of such personnel (including the Secretary) shall be determined by the Authority subject to the laws of the State of California.

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690

CITY OF LIVERMORE

PLANNING COMMISSION

RULES OF PROCEDURE
Prepared by the City Clerk’s Office
April 2022 December 2023 DRAFT
ATTACHMENT 9
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PLANNING COMMISSION
April 2022

CITY OF LIVERMORE

PLANNING COMMISSION

RULES OF PROCEDURE

1. Duties and Responsibilities – The Planning Commission shall have the following duties and responsibilities:

The Planning Commission shall have the powers imposed upon city planning commissions by Government Code section 65000 et. seq., incorporated by reference. In addition, the Planning Commission shall have the following duties and responsibilities:

A. Advise the City Council in the adoption and maintenance of a comprehensive General Plan for the physical growth and development of the city. Such plan shall reflect the future goals of the City and, after its adoption by the City Council, shall represent the City’s policy on matters of physical growth. It shall also serve to guide the general location of future public facilities and improvements and to aid in the encouragement and regulation of private development;
B. Serve as an advisory body to the City Council on matters related to City growth and development and on such matters as may be requested by the Council;
C. Promote public interest in planning and encourage citizen participation in the formulation of land use policies;
D. Engage in a program of acquainting the public with the problems and alternate solutions relating to the local physical environment:

E. Make recommendations to the City Council on final legislative decisions such as amendments to the General Plan, Development Code or Zoning Map;
F. Make recommendations and take final actions on development projects regarding conformance with codes, land use compatibility and design review;
G. Interpret and implement the City’s Development Code; ATTACHMENT 9
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H. Interpret and implement the City’s Design Standards and Guidelines; I. Support the goals and priorities 5-Year Strategic Plan adopted by the City Council.

2. Members – The Planning Commission shall consist of five members, all of whom shall be residents of the City of Livermore.

3. Term limits – Planning 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 an advisory body after a break in service from that body of two years.

4. Attendance Policy – Planning Commission members may miss six meetings per calendar year. A member who misses more than six 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.

5. Elections and Officers – The Planning 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. 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. 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.

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6. Meetings – The Planning Commission shall meet on the first and third Tuesday of each month at 7:00 p.m. at the Civic Center Meeting Hall at 1016 S. Livermore Avenue, Livermore, California and occasional special meetings as required to fulfill the Commission’s duties and responsibilities. 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. The Commission 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 Planning Commission meeting in the kiosk in front of the Civic Center Meeting Hall, the Civic Center Library and on the City’s website. 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 regular 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] b. Special Meetings and Workshops
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].

8. Minutes of Proceedings – An account of all final actions or recommendations of the Planning 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 summary minutes.

9. Quorum – Three members constitute a quorum of the Planning 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 ATTACHMENT 9
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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.

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 2011 and Parliamentary Procedures. The Planning Commission shall not take a sealed ballot vote in open session.
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 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 Planning Commission or members of the City staff. The Chairperson shallconfine 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 Planning Commission later in the meeting. The Chairperson shall ATTACHMENT 9
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announce the reorder prior to calling members of the public to speak during citizens open forum.
g. Motion to be Stated - The Chairperson shall state all motions submitted for a vote by the Planning 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’ Open Forum/Public Comments
Every agenda shall provide the opportunity for members of the public to address the Planning 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’ Open Forum/Public Comments; but the Chairperson, with the concurrence of a majority of the Commission, may direct staff to place subjects raised under Citizens’ Open Forum/Public Comments on a future Commission agenda.

12. Subcommittees
The Planning 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
The head of the department that is responsible for supporting the Planning 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.

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 andthat do not take resources away from that advisory body’s ATTACHMENT 9
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anticipated work to fulfill its duties and responsibilities to the City Council.

15. Types of Meetings

15.1 Regular Meetings
The Planning Commission shall meet in the Civic Center Meeting Hall for all regular Commission meetings. The regular meetings shall begin on the first and third Tuesdays of each month at 7:00 p.m., unless otherwise specified by posted notice. If the meeting date falls on a legal holiday, the Planning Commission shall meet at a date and time designated by the Commission.

15.2 Special Meetings
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 Planning Commission may take final action at a special meeting that is not a workshop.

15.3 Special Meeting Workshops
The Planning 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 Planning Commission may provide direction, but unlike other special meetings the Planning Commission may not take a final action at a workshop. [54956].

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Any meeting of the Planning 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].

16. Actions Limited to Posted Agendas
The Planning 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 Planning Commission or by members of the public addressing the Planning 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.

17.3 Public Comment for a Continued Item
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deliberation before it was continued, then the opportunity for public comment on the item will not be reopened absent a motion by the Planning Commission. [54955].

18. Consideration of items after 11:00 p.m.

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

Generally, the Planning 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 Planning Commission 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 Planning 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 Planning Commission’s meeting, such as the inability to hear testimony because of disruption.

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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 Planning 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 actions or recommendations of the Planning 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 summary minutes

20.1 Approval
The minutes for a Planning Commission meeting shall be reviewed and approved as set forth in this section.
a. The Planning Commission shall approve minutes for a regular meeting, special meeting, and special meeting workshops.
b. A Planning Commissioner may not approve the minutes for any meeting that the Commissioner did not attend.

Also, a Planning 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 a Planning 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
Planning Commission liaisons shall take an audio recording of each meeting and keep them in accordance with the City’s Records Retention Schedule. Minutes of Planning Commission meetings shall be summary minutes that capture the action taken by the Planning 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.

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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’ Open Forum
This portion of the agenda is for any member of the public to address the Planning Commission on any item of interest to the public that is within the Planning 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 Planning Commission when that item is called for consideration.

The procedures for public comments during the citizens open 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 Planning Commission discussion. Examples of items for the consent calendar include the approval of minutes. Any Planning Commissioner may pull an item for separate discussion. Members of the public may address the Planning 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 Planning 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 Planning Commission action, direction, or receipt of reports that do not also require a ATTACHMENT 9
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public hearing. The procedures for this portion of the agenda follow the following procedure:

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 Planning Commission’s consideration, as well as any written comments received from the public. b. Identify any supplemental written materials that have been provided to the Planning 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 Planning Commission questions.
d. State whether the applicant is present and whether the applicant intends to make a presentation to the Planning Commission.
e. Make an oral report, unless waived by the Planning Commission.

21.4.3 Planning 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 Planning 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 ATTACHMENT 9
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Planning 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 Planning 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 Planning Commission on the item. Public speakers shall address the Planning 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 Planning Commission on the hearing item, the Chairperson will formally close the public comment period and return the item to the Planning Commission for deliberation.

21.4.6 Deliberation
Once an item of business returns to the Planning 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. Planning Commission Action
After Planning Commission deliberation, the Chairperson shall call for a motion and a second as set forth in Section 25 Motions, and the Planning 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 Planning Commission has discretion to decide not to hear further comment if they choose. Public speakers shall address the Planning Commission following the procedures set forth in Section 23 Citizens’ Rights.

Prior to deliberating on matters for consideration, the Planning Commission shall receive public comment as provided for in Section 23 Citizens’ Rights. After receiving public comment, the Planning Commission 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 Planning 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 Planning Commission and to seek direction from the Planning Commission concerning items to be included on future agendas.
c. The Planning 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 open forum; d. The Planning 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 Planning 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].

21.6 Adjournment
This portion of the agenda is for the Chairperson to adjourn the Planning 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 Planning Commission.

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 Planning Commission on only those items listed in the posted notice and agenda for the special meeting or workshop.

Public speakers shall address the Planning 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 open forum or opportunity for the public to address the Planning Commission on any item of interest to the public that is within the Planning Commission’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 Planning 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
A Planning 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 Planning Commission and to attend its meetings.

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During the citizens open forum portion of a regular meeting agenda, members of the public have a right to address the Planning Commission on any item of interest to the public that is within the Planning Commission’s subject matter jurisdiction. Members of the public also have the right to address the Planning Commission before the Planning 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, Planning Commission Reports and Matters Initiated, and the Adjournment portions of the agenda. Members of the public shall be provided an opportunity to address the Planning 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 Planning Commission are as follows:

23.1 Addressing the Planning Commission
Members of the public that want to address the Planning Commission during citizens open forum or before the Planning 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 Planning Commission will be described at each meeting. The staff liaison will prominently display the methods to address the Planning Commission in the William H. Mendenhall Community Room.

Before an item is considered by the Planning 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 Planning 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 Planning 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 Planning Commissioner’s successful appeal. [White v. City of Norwalk, (9th Cir. 1990) 900 F.2d 1421].

23.2 Speaker Time Limit
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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 Planning Commission

23.3.1 A list of people who have requested to speak shall be used to call each speaker to address the Planning Commission. When calling a speaker to the lectern the next two speakers will also be identified so, they are prepared to address the Planning 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 Planning Commission. A speaker is not required to provide his or her name or address to address the Planning Commission. However, to the extent such information is relevant to the issues being considered by the Planning Commission, the absence of such information may bear on the speaker’s credibility and the weight the Planning Commission affords the speaker’s comments.

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

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

23.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of the Planning 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 the lectern when his or her time to address the Planning Commission has expired.

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23.3.10 A speaker may use his or her allotted time to read letters or other documents, play electronic recordings at a non-amplified volume, or otherwise present information to the Planning 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 citizens open forum, speakers may address the Planning Commission on any item of interest to the public within the Planning 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 Planning 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 Addressing the Planning Commission Participating parties shall comply with the procedures set forth in Section 23 Citizens’ Rights when addressing the Planning Commission, except that the participating parties shall each have up to a maximum of 10 minutes to address the Planning Commission. The Chairperson may set and announce the time limit for each active participant to address the Planning 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 Planning 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].

23.6 Disruptive Speech and Conduct
Any person unduly disrupting a Planning Commission meeting may be requested by the Chairperson to leave the meeting. The Chairperson shall discourage demonstrations before the Planning 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 Planning Commission to complete its business.

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23.7 Written Communications – Post Hearing 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 Planning Commission through the Planning 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 Planning 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 Planning 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 Planning 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 Planning Commission in a supplemental packet prior to the meeting.

Physical copies of written comments and materials, and electronic and physical materials submitted to the Planning Office before 12:00 p.m. noon on the day of the Planning Commission meeting, will be included in the supplemental packet.

After 12:00 p.m. noon on the day of the Planning Commission meeting, any member of the public that desires to submit materials to the Planning Commission for consideration at that meeting is hereby instructed to present 8 copies of the materials to the staff liaison for distribution to the Planning Commission 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 Planning 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 ATTACHMENT 9
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meeting, and during a recess, for the purpose of interacting with the individual Commission Members and City staff.

24. Planning Commission Deliberation
Planning 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

25.2 Categories of Motions
There are four categories of motions that the Planning 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 Planning Commission. For example, if the basic motion is to approve staff’s recommendation, a substitute motion would propose numerous changes to staff’s ATTACHMENT 9
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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.

25.3 Simultaneous Motions
The Planning 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 Planning Commission have been resolved. When two or three motions are before the Planning Commission, after motions and seconds, the first vote will be on the last motion made. Generally, the discussion when a motion is before the Planning 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.

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 Commission Members wish to discuss an item, subject to the Chairperson’s decision that it is time to move on and take action.

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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 Planning Commission to immediately adjourn to its next regularly scheduled meeting. b. Motion to Recess. If passed, a motion to recess requires the Planning 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 Planning 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 Planning 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 Planning 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 Planning 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 Planning Commission as provided for in Section 10(g) Motion to Be Stated.

25.5 Miscellaneous Motions and Appeals
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25.5.1 Motion to Reconsider
A motion to reconsider any action taken by the Planning 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. Action and Direction

26.1 Votes, General Rules
Unless otherwise provided, the Planning 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.

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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 Planning 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 Planning 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 Planning 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.

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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
Development Code:

Any decision of the Community Development Director or Historic Preservation Commission regarding eligibility or planning permit decisions may be appealed to the Planning Commission, as outlined in Chapter 9.15 Appeals of the Livermore Development Code (LDC).

Municipal Code:

The Planning Commission hears appeals, outlined in the Livermore Municipal Code (LMC), for suspension or revocation of live adult entertainment (LMC

5.08.500), tree permit processed through Community Development Department (LMC 12.20.250), small residential rooftop solar system expedited permitting (LMC 15.36.060), and flood control boundaries (LMC 16.12.040), Appeals from decisions of the Commission shall appear on the City Council agenda for discussion. Council has the options of affirming the action of the body, modifying the action of the body, referring the matter back to the Commission, or reversing the decision, unless otherwise required or provided by law.

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CITY COUNCIL STAFF REPORT ITEM NO. 7.3
DATE: December 11, 2023
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Appointment of Vice Mayor for the period of 2023-2024.

RECOMMENDED ACTION
Staff recommends the City Council appoint a Vice Mayor for the period of 2023-2024.

SUMMARY
The City Council has the statutory power to appoint a Council Member as mayor pro tempore, which is the position titled Vice Mayor in Livermore. Staff recommends the City Council appoint a Vice Mayor for the period of 2023-2024.

DISCUSSION
In accordance with the Rules of Procedure, the City Council must deliberate and vote on the selection of a Vice Mayor. In the absence of the Mayor, the Vice Mayor assumes the Mayor’s duties and responsibilities for conducting City Council meetings.

In even-numbered years, the Vice Mayor is selected at the City Council meeting where election results are certified. In odd-numbered years, the Vice Mayor is selected in December.

Listed below are the Vice Mayor appointments for the last four years:
2022-2023 Brittni Kiick
2021-2022 Regina Bonanno
2020-2021 Trish Munro
2019-2020 Bob Woerner

FISCAL AND ADMINISTRATIVE IMPACTS
None.
716

COMMUNITY PILLAR
5: A City That Works.

GOAL
1: Engage effectively with the Mayor and City Council

ATTACHMENTS
Prepared by: Marie Weber
Deputy City Manager/City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
717
CITY COUNCIL STAFF REPORT ITEM NO. 7.4
DATE: December 11, 2023
TO: Honorable Mayor and City Council
FROM: Marianna Marysheva, City Manager
SUBJECT: Council Members Appointments to Intergovernmental Agencies.

RECOMMENDED ACTION
Staff recommends the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.

SUMMARY
Each year the Mayor appoints Council Members to serve on the various regional boards, commissions, and committees that require City Council representatives. Staff recommends the Mayor appoint Council Members to Intergovernmental Agencies, with the City Council's approval.

DISCUSSION
Each year the Mayor appoints Council Members to serve on the various regional boards, commissions, and committees that require City Council representatives. The City Council's 2022 amendments to its Meeting Rules of Procedure incorporate the statutory requirement that the City Council approve the Mayor's appointments. The attached roster shows existing appointments to intergovernmental agencies.

FISCAL AND ADMINISTRATIVE IMPACTS
No material fiscal or administrative impact results from appointing Council Members to serve on various regional boards, commissions or committees.

COMMUNITY PILLAR
5: A City That Works.

GOAL
1: Engage effectively with the Mayor and City Council
718

ATTACHMENTS

1. Current Intergovernmental Agencies Appointments
Prepared by: Marie Weber
Deputy City Manager/City Clerk
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
719
City Council Appointments to Intergovernmental Agencies Appointments as of December 4, 2023 Intergovernmental
Agency Delegate Alternate
Appointing
Agency/Authority
Meeting
Day/Month Meeting Time Staff Liaison
Meeting Location
Alameda County
Transportation
Commission (ACTC)
John Marchand Evan Branning Mayor of Livermore 4th Thursday of the month 2:00 PM Mallika Ramachandran or Joanna Liu ACTC Office, 111 Broadway, Suite 800, Oakland CA Altamont Landfill
Community Monitor
Committee
Ben Barrientos
Member Mayor of Livermore
Quarterly, 2nd
Wednesday
(Jan, Apr, July,
Oct)
4:00 PM Judy Erlandson
Altamont Landfill Open
Space Account Advisory
Committee
Robert Carling
Member
Mayor of Livermore appoints
1 member.
1 member each appointed by
Board of Supervisors,
Pleasanton City Council &
Sierra Club. City of Dublin as
non-voting member.

Bi-monthly
(Jan, March,
May, July,
Sept, Nov) –
3rd Friday of
the month,
12:30 pm to
2:30 p.m.
12:30 pm. to
2:30 pm
Steve Riley and
Jennifer
Ackerman
Altamont Regional Traffic
Authority John Marchand Brittni Kiick Mayor of Livermore At least one
regular
meeting each
year, date and
time per
resolution.

Mallika
Ramachandran
or Joanna Liu
Association of Bay Area
Governments (ABAG)
General Assembly
Evan Branning Ben Barrientos Mayor of Livermore
3rd Tuesday of
every month.

General
Conference, as
announced, 1 day
program
(Additional
meetings, as
announced)
7:00 p.m. Steve Stewart
Bay Area Metro Center, 375 Beale Street, San Francisco, CA

Page 1 of 6 ends

Livermore City CouncilDecember 11, 2023

Livermore City Council
December 11, 2023