LODI CITY COUNCIL -
SPECIAL
Hutchins Street Square - Kirst Hall
125 S. Hutchins Street, Lodi
AGENDA - Special Meeting
Date: January 28, 2026
Time: 9:00 a.m.
Mayor Ramon Yepez
Mayor Pro Tempore Mikey Hothi
Councilmember Cameron Bregman
Councilmember Lisa Craig-Hensley
Councilmember Alan Nakanishi
Notice Regarding Public Comments
Public Comment may be submitted in the following ways:
• In-person
• Zoom Webinar
> Meeting ID: 89032008788
> Passcode: 353428
> Phone number: 1 253 215 8782 or 1 346 248 7799
> Link:
https://us06web.zoom.us/j/89032008788?pwd=l1j9FjgLGe2zGQwHVr0M3JGeig9ttQ.1 • Email – [email protected]
> Received no later than two hours prior to the meeting • Mail – City Clerk’s Office, P.O. Box 3006, Lodi, CA 95241 • Hand delivered to: City Clerk’s Office, 221 W. Pine Street, Lodi, CA 95240 > Received no later than two hours prior to the meeting Public comment received via email, mail, or hand delivery will be provided to the City Council and included in the official minutes of the meeting, but will not be read aloud at the meeting.
A. Call to Order / Roll Call
B. Regular Calendar
B.1 Review and Update the City Council Strategic Vision and Protocol Manual (CM) Attachment 1 - Resolution No. 2023-98
Attachment 2 - Strategic Vision Final Report
Attachment 3 - Protocol Manual
Attachments:
1 City Council - Special AGENDA January 28, 2026
C. Adjournment
Pursuant to Section 54954.2 (a) of the Government Code of the State of California, this agenda was posted at least 24 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day.
______________________________
Olivia Nashed
City Clerk
----------------------------------------------------------------------------------------------------------------------------------------------------- All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection .
Agendas and staff reports are also posted on the City’s website at www.lodi.gov. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerk’s Office as soon as possible and at least 24 hours prior to the meeting date. Language interpreter requests must be received at least 24 hours in advance of the meeting to help ensure availability. Contact Olivia Nashed at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 24 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a Olivia Nashed (209) 333-6702. ----------------------------------------------------------------------------------------------------------------------------------------------------- Meetings of the Lodi City Council are telecast on SJTV, Channel 26. The City of Lodi provides live and archived webcasts of regular City Council meetings. The webcasts can be found on the City's website at www .lodi.gov by clicking the meeting webcasts link. Members of the public may view and listen to the open session of this meeting at www.facebook.com/CityofLodi/.
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2 AGENDA ITEM B.1
COUNCIL COMMUNICATION
AGENDA TITLE:
Review and Update the City Council Strategic Vision and Protocol Manual (CM) MEETING DATE:
January 28, 2026
PREPARED BY:
James Lindsay, Interim City Manager
RECOMMENDED ACTION:
Provide direction to staff on updates to the City Council Strategic Vision and Protocol Manual BACKGROUND INFORMATION:
On May 17, 2023, the City Council adopted Resolution No. 2023-98 (Attachment 1), adopting the current Strategic Vision. The Strategic Vision is comprised of eight (8) areas, listed in alphabetical order:
1. Downtown
2. Economic Development
3. Fiscal Health
4. Housing
5. Infrastructure
6. Parks
7. Public Safety
8. Public Well-Being
At a Special meeting on December 16, 2025, the City Council provided direction to hold a 2026-27 strategic planning meeting for the purposes of reviewing the Strategic Vision. City Council provided direction to include the following topics within that review.
1. Opportunities to increase revenue
2. Opportunities for service improvements
3. Public Safety Enhancements
4. Parks Master Plan
Additionally, the City Council provided direction to review the City Council Protocol Manual (Attachment 2).
The Protocol Manual is a comprehensive manual of standard operating procedures of the City Council.
STRATEGIC VISION:
All.
FISCAL IMPACT:
Not applicable.
City of Lodi Printed on 1/22/2026Page 1 of 2
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3 COUNCIL COMMUNICATION
FUNDING AVAILABLE:
Not applicable.
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4 RESOLUTION NO. 2023- 98
A RESOLUTION OF THE LODI CITY COUNCIL ADOPTING CITY COUNCIL
STRATEGIC PRIORITIES AND MILESTONES TO BE COLLECTIVELY KNOWN
AS THE CITY' S STRATEGIC VISION
WHEREAS, the Lodi City Council held a Council Retreat at Hutchins Street Square on April 11- 12, 2023; and
WHEREAS, these professionally - facilitated public meetings included robust discussion amongst Council with input from Department Directors, the City Manager, Deputy City Manager, and appointed staff; and
WHEREAS, by adopting these goals, the City Council acknowledges its primary responsibility to create a Strategic Vision about the future direction and priorities for the City and it is the responsibility of City Staff ( led by the City Manager) to develop a strategic workplan in alignment with and supportive of the Strategic Vision; and WHEREAS, the City Council recognizes the importance of a unified Strategic Vision coming from the entire Council; and
WHEREAS, the eight strategic priorities contained within the Strategic Vision collectively represent the priorities of the City Council and should be utilized by staff as the foundation upon which future workplans are based and resource allocation decisions are made; and WHEREAS, the City Council recognizes that all eight priorities are equally important and the strategic priorities have been assigned a number by their alphabetical order for reference only without regard to weight or importance; and
WHEREAS, the City Manager is directed to report not less than quarterly on the progress towards achievement of the milestones within the Strategic Vision.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby adopt the City Council Strategic Vision and the Strategic Priorities and Milestones therein. The Strategic Priorities and Milestones are:
1. Downtown
Stretch Goal: Realize a lively mixed use, walkable commercial downtown district.
A. Expand opportunities for downtown living.
B. Preserve downtown historic character.
C. Ensure accessibility for multi -modal transportation and public safety.
D. Protect and promote the use of public facilities including the library, public safety building, and the city administration building.
E. Expand the perimeter of downtown mixed- use zoning.
F. Adopt policies that incentivize the revitalization of buildings and infrastructure. 5 2. Economic Development
Stretch Goal: Raise the median income of Lodi residents to the top 25% of the State of California.
A. Develop a long- term economic development strategy.
B. Expand and diversify economic opportunities.
C. Continue to support Hydrogen Hub Project.
D. Complete development of White Slough Public Safety Training Facility.
E. Grow the City through East Side annexation.
F. Repurpose and revitalize existing assets.
G. Attract tech and non - agriculture jobs.
3. Fiscal Health
Stretch Goal: Create a fiscal structure to accomplish City Council Strategic Priorities.
A. Promote City' s fiscal transparency and citizen' s fiscal fluency.
B. Position Lodi to maintain a diversified revenue mix that reflects the economic prosperity of the community.
C. Ensure elected leaders and staff retain focus on fiscal priorities.
D. Anticipate and advocate against unfunded mandates, while ensuring the City has funding amounts equal to annual depreciation levels to maintain assets.
E. Improve pension funding as against average cities by 25%.
4. Housing
Stretch Goal: Ensure every socio- economic demographic and family structure can secure quality housing within the community.
A. Develop new housing opportunities with market values aligned with current Area Median Income ( AMI) and standard housing/ income ratios.
B. Create more residential opportunities downtown.
C. Ensure continued progress towards Regional Housing Needs Assessment ( RHNA) Goals.
D. Require a percentage of housing in new developments to be workforce housing.
E. Adopt standards and policies to promote housing for all economic levels.
F. Develop policies that will promote affordable housing by design; generational housing by design; and diverse housing by design.
G. Consider ways to support the existence of an adequate number of rental properties.
5. Infrastructure
Stretch Goal: Develop and maintain a robust infrastructure to support a world- class city.
A. Invest in innovative infrastructure with a high Return on Investment ( ROI).
B. Promote adaptive reuse of existing properties.
C. Address deferred maintenance.
D. Ensure capacity for future growth.
E. Proactive infrastructure development for Sphere of Influence ( SOI) and growth areas.
F. Ensure that funding for maintenance of future development projects is sustainable and self- supporting.
6 6. Parks
Stretch Goal: Develop a world- class revenue generating Parks System.
A. Fully staffed to annual benchmarks.
B. Expand, develop and maintain Lodi Lake to meet or exceed industry standards.
C. Develop and maintain sports/recreation facilities for City and public use, including an indoor sports facility.
D. Expand, develop and maintain Hutchins Street Square Facilities to meet or exceed industry standards.
E. Create a dedicated fund to improve event -based facilities to meet or exceed industry standards.
7. Public Safety
Stretch Goal: Create the best trained police and fire departments in the State of California.
A. Reach and maintain full staffing.
B. Create an outdoor training facility.
C. Institute the Advanced Life Support ( ALS) program.
D. Build strategic regional partnerships with surrounding agencies to enhance fire and emergency response services.
E. Research, develop and/ or promote advanced training programs for police and fire personnel based on or exceeding best practices for service delivery and effecting public safety outcomes.
F. Meet International Organization for Standardization ( IOS) Measurements in response time.
G. Ensure high levels of community involvement by public safety employees.
H. Enhance programs to address strategic safety problem areas in the community, such as the unsheltered population, Fentanyl crisis, and animal services.
8. Public Well- being
Stretch Goal: Be a recognized leader in generating a happy, healthy, high quality of life for all.
A. Increase opportunities for physical, recreational, and cultural activities.
B. Partner with other public/ private entities to provide outreach, education, and activities to engage diverse cultures and communities.
C. Provide opportunities for access to mental health and substance abuse treatment.
D. Focus on youth education and mentorship to foster positive life -choices.
Dated: May 17, 2023
I hereby certify that Resolution No. 2023- 98 as passed and adopted by the City Council of the City of Lodi in a regular meeting held May 17, 2023, by the following votes:
AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and Mayor Hothi NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2023- 98 7
1 Exhibit A
City of Lodi Council Retreat
Final Report
April 21, 2023
Introduction
The City Council of the City of Lodi held a Council Retreat on April 11-12, 2023, to develop the City’s Strategic Vision for the future. All of the Council Members and the Mayor were in attendance. The City Manager, the Assistant City Manager, and the Department Directors for the City were also in attendance.
The retreat was facilitated by Strategic Government Resources (SGR.) The facilitator for SGR was Dr.
Mike Mowery, SGR’s President of Leadership Development and Strategic Foresight.
SGR’s approach is built around the tenet that in the Council/Manager form of government, it is the responsibility of the Council to create a strategic vision, which is about direction and priorities, and that it is the responsibility of the staff to create a strategic workplan that is in alignment with and supportive of the Council’s strategic vision. Because of that, SGR facilitates a process that enables the Council to set strategic priorities and milestones and relies upon the staff to create initiatives that will be executed to move the organization forward in alignment with the Council’s vision.
This process includes having discussions about strategic questions to help the Council clarify what is important to them and develop a cohesive and coherent unified vision for the future. Below is a summary of these discussions as well as the strategic priorities and milestones developed during the retreat.
8 2
Reputational Drivers
Participants discussed the question, “What do we want to be known for in the future?” After discussing this question in small groups, each group shared their ideas with the larger group. The ideas that were shared fall roughly into two main categories.
1. Lodi will have a reputation for being a great place to live and do business. • Safe city that is a great place to live.
• Inclusive and welcoming of people and new ideas.
• High quality of life with great amenities and educational programs. • Engaged citizens and high levels of civic pride.
• Good for business.
• Strategic development and growth.
2. Lodi will have a reputation for being a well-run city. • Fiscally responsible, providing excellent municipal services. • High level of customer service.
• Trusted and Trustworthy.
• Visionary.
• Transparent.
• Data driven government.
• Excelling in communication and outreach to citizens.
• Well-trained staff and Council.
• Innovative with private/public partnerships.
Pressing Needs
The participants were asked to discuss what they perceived to be the pressing needs of residents both now and as the city moves into the future. They discussed this question in small groups. Below are the things that they identified.
• Homelessness.
• Affordable places to live.
• Comprehensive plan for downtown revitalization.
• Plan for economic development.
• Easier for businesses to renovate their properties.
• Infrastructure maintenance and development capacity.
• High quality of life.
• Not having to leave the city for amenities.
• Traffic enforcement.
• Literacy needs.
• Advance life support needs, especially for the elderly, children, and the homeless. • Generational housing.
• Dealing successfully with technological advancements, such as the digitalization of city services. • Fentanyl crisis.
9 3
SWOT Analysis
Participants were asked to conduct a modified version of a SWOT Analysis. They did not address the Strengths and Weaknesses of the organization, but instead, focused their attention on the future by discussing great opportunities on the horizon, as well as some of the threats to those opportunities as they perceive them. Below is a summary of the lists that the groups developed.
Opportunities
• Hydrolyzer.
• Tourism.
• City Size.
• Housing and Business Development.
• Water Supply.
• Green Power.
• Workforce development.
• Wine/Ag.
• Quality of life.
• Assets such as Lodi Lake.
• Drawing people to Lodi with quality amenities.
• Generate revenue through some city services.
• Strengthening the City’s relationship with the County. • Expanding and developing assets.
Threats
• Limited funding for the Hydrolyzer.
• Limited services for tourism.
• Limited infrastructure to accommodate development needs. • State Legislature response to the drought could affect water supply. • Generational brain-drain.
• Revenue constraints.
• Limited amount of staff time to invest in projects.
• Skeleton crew staffing.
• Community pushback on fees.
Strategic Priorities
The Council was asked to identify their top priorities as a governing board. This was done through having a series of discussions between the Council members so that the list of priorities was a unified, collective list of priorities that the whole council agreed upon. The Council identified 8 Strategic Priorities. They are listed in alphabetical order below.
1. Downtown
2. Economic Development
10 4
3. Fiscal Health
4. Housing
5. Infrastructure
6. Parks
7. Public Safety
8. Public Well-being
Strategic Priorities and Milestones
Participants were asked to identify Milestones for each of the Strategic Priorities. Milestones help answer the question, “What do you mean by that?” They help clarify the Council’s intention and help the Staff to know that they are moving in the right direction to fulfill the Council’s priorities in a timely fashion. Neither Priorities, nor Milestones, are typically items that can be completed in the short-term.
These are long-term priorities and “objectives” that can take years and decades to accomplish.
Below is the list of Milestones for each of the Strategic Priorities that the Council developed. Also, included below is one Stretch Goal developed for each Strategic Priority. A Stretch Goal is one which the Council would consider the ideal long-term result of their efforts.
1. Downtown
Stretch Goal: Realize a lively mixed use, walkable commercial downtown district.
A. Expand opportunities for downtown living.
B. Preserve downtown historic character.
C. Ensure accessibility for multi-modal transportation and public safety.
D. Protect and promote the use of public facilities including the library, public safety building, and the city administration building.
E. Expand the perimeter of downtown mixed-use zoning.
F. Adopt policies that incentivize the revitalization of buildings and infrastructure.
2. Economic Development
Stretch Goal: Raise the median income of Lodi residents to the top 25% of the State of California.
A. Develop a long-term economic development strategy.
B. Expand and diversify economic opportunities.
C. Implement Hydrogen training facilities.
D. White Slough Public Safety Training Facility.
E. City growth through East Side annexation.
F. Repurposing existing assets.
G. Attracting tech and non-ag jobs.
3. Fiscal Health
11 5
Stretch Goal: Create a fiscal structure to accomplish City Council Strategic Priorities.
A. Promote city’s fiscal transparency and citizen’s fiscal fluency.
B. Position Lodi to maintain a diversified revenue mix that reflects the economic prosperity of the community.
C. Ensure elected leaders and staff retain focus on fiscal priorities.
D. Anticipate and advocate against unfunded mandates, while ensuring the city has funding amounts equal to annual depreciation levels to maintain assets.
E. Improve pension as against average cities by 25%.
4. Housing
Stretch Goal: Ensure every socio-economic demographic and family structure can secure quality housing within the community.
A. Develop new housing opportunities with market values aligned with current AMI and standard housing/income ratios.
B. Create more residential opportunities downtown.
C. Ensure continued progress towards RHNA Goals.
D. Require a percentage of housing in new developments to be workforce housing.
E. Adopt standards and policies to promote housing for all economic levels.
F. Develop policies that will promote affordable housing by design; generational housing by design; and diverse housing by design.
G. Consider ways to support the existence of an adequate number of rental properties.
5. Infrastructure
Stretch Goal: Develop and maintain a robust infrastructure to support a world-class city.
A. Invest in innovative infrastructure with a high ROI.
B. Adaptive reuse of existing properties.
C. Address deferred maintenance.
D. Ensure capacity for future growth.
E. Proactive infrastructure development for SOI and growth areas.
F. Ensure that funding for maintenance of future development projects is sustainable and self- supporting.
6. Parks
Stretch Goal: Develop a world-class revenue generating Parks System. 12 6
A. Fully staffed to annual benchmarks.
B. Acquire Mokelumne River Nature Area to expand Lodi Lake.
C. Build an indoor sports facility.
D. Expand HSS Facilities.
E. Create a dedicated fund to improve event-based facilities.
7. Public Safety
Stretch Goal: Create the best trained police and fire departments in the State of California.
A. Reach and maintain full staffing.
B. Create an outdoor training facility.
C. Institute the ALS Program.
D. Combine fire base workforces in North County.
E. Create Revenue generating services in public safety.
F. Meeting ISO Measurements in response time.
G. High levels of community involvement by public safety employees.
8. Public Well-being
Stretch Goal: Be a recognized leader in generating a happy, healthy, high quality of life for all.
A. Increase opportunities for physical, recreational, and cultural activities.
B. Partner with other public/private entities to provide outreach, education, and activities to engage diverse cultures and communities.
C. Provide opportunities for access to mental health and substance abuse treatment.
D. Focus on youth education and mentorship to foster positive life-choices.
SGR Recommendations
1. SGR recommends that the City Council formally adopt these Strategic Priorities and Milestones as their Strategic Vision at an upcoming regular City Council Meeting, and that the staff develop a workplan or strategic plan that is in alignment with the Council’s Strategic Vision.
2. SGR recommends that the City hold an annual Council Retreat with the Department Directors to review the progress that is being made on the Strategic Vision and to address any adjustments that need to be made to the Strategic Vision and Milestones.
13 City Council Protocol Manual
Prepared by: Office of the City Clerk City of Lodi 221 W. Pine Street P.O. Box 3006 Lodi, CA 95241-1910 [email protected] 14 i
TABLE OF CONTENTS 1. PURPOSE 2. STATUTORY REQUIREMENTS/REGULATIONS 2.1 The Brown Act 2.2 Political Reform Act 2.3 Lodi Municipal Code (LMC) 2.4 LMC Chapter 2.04 Relating to Council Meetings 2.5 Rules of Conduct of Meetings, Proceedings, and Business (Res. 2006-31) 2.6 City of Lodi Administrative Policy Manual 2.7 Code of Ethics & Values (Res. 2019-278) 2.8 AB1234 Mandatory Ethics Training 2.9 AB1661 Sexual Harassment Prevention Training and Education 3. COUNCIL ORGANIZATION 3.1 Newly-Elected Members 3.2 Reorganization 3.3 Selection of Mayor and Mayor Pro Tempore 3.4 Duties of Mayor and Mayor Pro Tempore 3.5 Seating Order 3.6 Representation at Ceremonial Functions 3.6a Issuance of Proclamations and Certificates, Presentation of Gifts, and Public Recognition 4. COUNCIL ADMINISTRATION 4.1 Salaries and Benefits 4.2 Travel and Expense Reimbursements 4.2a City of Lodi Travel Policy (Res. 2019-172) 4.2b Appointment of Delegate/Alternate to National League of Cities and League of California Cities Annual Conferences (Res. 2015-184) 4.3 Protocol Account Policy (Res. 2000-126) 4.4 Appointment of City Council Appointees (LMC Title 2) 4.5 Evaluation of City Council Appointees (Res. 2002-224) 5. COMMISSIONS 5.1 Commissions 5.2 Board, Committee, and Commission Appointment and Removal 5.3 Commission Responsibility 5.4 Council Contact with Commissions 5.5 Ad Hoc Committees and Task Forces 5.6 Annual Recognition 5.7 Council Service on Commissions 5.8 Regional Boards 15 ii
6. MEETING GUIDELINES & PROCEDURES 6.1 Attendance / Quorum 6.2 Meeting Dates and Location 6.2a Regular Meetings & Informal Informational (Shirtsleeve) Sessions 6.2b Special/Joint/Adjourned/Emergency Meetings 6.3 Agenda / Council Meeting 6.3a Agenda Packet Preparation 6.3b Placing Items on the Agenda 6.3c Order of Agenda Items 6.3d Agenda Posting 6.3e Americans with Disabilities Act Statement and Language Interpreter 6.3f Limitation to Act Only on Items on the Agenda 6.3g Supplemental Information (Blue Sheet Items) 6.3h Closed Session 6.3i Invocations/Calls to Civic Responsibility 6.3j Presentations 6.3k Consent Calendar 6.3l Public Comments 6.3m Council Comments on Non-Agenda Items 6.3n Public Hearings 6.3o Regular Calendar 6.3p Ordinances 6.3q Resolutions 6.3r Minute Motion 6.3s Agency Meetings (LPIC, IDA, LFC, LPFA) 6.3t Council Communications / Staff Reports 6.3u Submitted Materials at or Before Meetings are Public Records 6.3v Electronic Mail Communications, Prohibited during Meetings 6.3w Minutes 6.4 Rules of Conduct 6.4a Discussion Rules 6.4b Council Comments (Related to Items on the Agenda) 6.4c Speaker Time Limits 6.4d Council Questions of Speakers 6.5 Decorum 6.5a Council Members / Council Appointees 6.5b City Employees 6.5c Public 6.5d Noise in the Chambers 6.6 Use of Council Chambers 16 iii
7. COMMUNICATIONS 7.1 Processing and Delivering of City Council Mail by City Clerks Office 7.2 Council Calendar 7.3 Citizen Complaint Process 7.4 Use of City Letterhead or City Seal 7.5 Communications with Staff 7.6 Complaints Regarding Performance of Staff 7.7 Handling of Litigation / Confidential Information 7.8 Representing Majority vs. Individual Opinion 7.9. Legislative Communications at the Request of City-Affiliated Organizations 8. CONFLICT OF INTEREST / ECONOMIC DISCLOSURE REQUIREMENTS FOR PUBLIC OFFICIALS 8.1 Conflict of Interest 8.2 Statements of Economic Interest 8.3 Make and Participate in Making a Decision 8.4 Advice from City Attorney Regarding Conflict of Interest 8.5 Using Official Position to Influence APPENDIX: Reference Table of Amendments EXHIBIT A: Chapter 2.04, City Council Meetings EXHIBIT B: Resolution 2006-31 Establishing Rules for the Conduct of Meetings, Proceedings and Business EXHIBIT C: Resolution 2004-115 Adopting City of Lodi Code of Ethics and Values EXHIBIT D: Resolution 2009-146 Adopting Policy Regarding Legislative Invocations Before Meetings of the Lodi City Council 17 City Council Protocol Manual Page 1 of 29 CITY COUNCIL PROTOCOL MANUAL 1. PURPOSE The purpose of establishing the City Council Protocol Manual is to provide guidelines for the City Council to conduct its business in an orderly, consistent, and fair manner. The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances. The protocols shall be amended by a majority vote of the Council Members and may be amended administratively by the City Clerks Office in order to remain current with federal, state, and local law. 2. STATUTORY REQUIREMENTS/REGULATIONS Certain state laws and other established regulations exist, which govern various responsibilities of the City Council. This protocol manual is not intended to duplicate, fully articulate all requirements, or repeal any existing statutes or regulations. City Council Members are responsible for becoming familiar with these statutes and regulations. 2.1 The Brown Act The Ralph M. Brown Act provides that all meetings of a legislative body, whether meetings of the City Council or its appointed commissions and committees, shall be open and public and all persons shall be permitted to attend. Notices of such meetings must be made 72 hours prior to the meeting (or 24 hours in the case of a special meeting). A meeting takes place whenever a quorum is present and subject matter related to the City business is heard, discussed, or deliberated upon. Laws and regulations also exist to prevent efforts to thwart these requirements by using intermediaries or multiple conversations to achieve collective concurrence. 2.2 Political Reform Act The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of persons who have supported them. The Political Reform Act establishes regulations regarding conflicts of interests and campaign receipts and expenditures. 18 City Council Protocol Manual Page 2 of 29 2.3 Lodi Municipal Code (LMC) The Lodi Municipal Code consists of those codified ordinances of general municipal regulations and laws of the City of Lodi. 2.4 LMC Chapter 2.04 Relating to Council Meetings LMC Chapter 2.04, City Council Meetings (Exhibit A), sets forth the Regular Meeting and Shirtsleeve Session dates, times, and location and further establishes rules for the conduct of City Council meetings. 2.5 Rules of Conduct of Meetings, Proceedings, and Business (Res. 2006-31) Resolution No. 2006-31 (Exhibit B), adopted by the Lodi City Council on February 15, 2006, establishes rules for the conduct of City Council meetings, proceedings, and business. 2.6 City of Lodi Administrative Policy Manual The Administrative Policy Manual consolidates all administrative policies and procedures of a general or inter-departmental nature into one document. Administrative regulations meet the following criteria: 1) are directed toward an ongoing City process or procedure; 2) are limited to one major subject area; and 3) are applicable to more than one City department. Administrative regulations are issued from the City Managers Office. 2.7 Code of Ethics & Values (Res. 2019-278) Resolution No. 2019-278 (Exhibit C), adopted by the Lodi City Council on December 18, 2019, sets forth the code of ethics and values for Lodi City Council Members and City Council appointees. The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of Lodi has adopted this code of ethics and values to promote and maintain the highest standards of personal professional conduct in the Citys government. 2.8 AB1234 Mandatory Ethics Training Government Code sections 53235 and 53235.1 state that, if a local agency provides compensation, salary, or a stipend to a member of a legislative body or reimbursement for expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive two-hour training in ethics. The City of Lodi provides a training opportunity in December of even-numbered years; the League of California Cities and other agencies offer training opportunities through conferences; and on-line training is available through sources such as the Fair Political Practices Commission and Institute of Local Government. 19 City Council Protocol Manual Page 3 of 29 The City Council mandates that the following positions, commissions, and/or individuals are required to receive ethics training upon being hired or appointed and by December 31 of even-numbered years thereafter: City Council Members; City Council Appointees (i.e. City Manager, City Attorney, City Clerk); Executive Managers; and members of all boards and commissions (EXCEPTION: Greater Lodi Area Youth Commissioners ~ Student Appointees). 2.9 AB1661 Sexual Harassment Prevention Training and Education AB1661 (Government Code sections 53237-53237.5) requires local agency officials, including Council Members, to receive two hours of sexual harassment prevention training and education within the first six months of taking office and every two years thereafter if the agency provides any type of compensation, salary, or stipend to those officials. The City of Lodi may provide training opportunities periodically and the League of California Cities and other agencies offer training opportunities through conferences. 3. COUNCIL ORGANIZATION 3.1 Newly-Elected Members Newly-elected Council Members are sworn into office generally at the first regular Council meeting in December following certification of the general municipal election by the San Joaquin County Registrar of Voters. Immediately upon election (even before being sworn into office), newly-elected Council Members are subject to the provisions of the Brown Act. Newly-elected Council Members shall not be allowed to attend closed sessions before being sworn into office. 3.2 Reorganization Pursuant to Lodi Municipal Code Section 2.04.070, Presiding officerMayorMayor Pro Tempore, the reorganization of the Council shall occur annually at the first regular Council meeting in December by electing a Mayor and Mayor Pro Tempore. In election years, the reorganization will occur at the regular Council meeting in December at which the San Joaquin County Registrar of Voters certification of the general municipal election is presented. A community reception honoring the incoming Mayor, outgoing Mayor, and Council Members is traditionally held immediately following the reorganization meeting. 3.3 Selection of Mayor and Mayor Pro Tempore The term of office for the Mayor and Mayor Pro Tempore shall be one year. A majority vote of the Council is necessary to designate a Mayor and Mayor Pro Tempore. The election of the Mayor and Mayor Pro Tempore will take place as follows: City Clerk will conduct the election for the office of Mayor. Following the election, the City Clerk will turn over the gavel to the newly-elected Mayor, who will then conduct the election for the office of Mayor Pro Tempore. 20 City Council Protocol Manual Page 4 of 29 The vote is taken in the order the nominations are made with the first individual receiving a majority vote being elected to the office of Mayor or Mayor Pro Tempore. 3.4 Duties of Mayor and Mayor Pro Tempore The Mayor shall preside at the meetings of the Council. If he/she is absent or unable to act, the Mayor Pro Tempore shall serve until the Mayor returns or is able to act. In the absence of the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Chairperson shall be elected by the members of the Council present. The Mayor meets with the City Manager, Deputy City Manager, City Attorney, and City Clerk one week prior to Council meetings to review the draft agenda. (Refer to LMC Section 2.04.070, Presiding officerMayorMayor Pro Tempore, LMC Section 2.04.080, Call to orderTemporary chairman, and Res. 2006-31 for additional duties of Mayor and Mayor Pro Tempore.) 3.5 Seating Order Following the Council reorganization, the City Clerk shall designate the seating order for the Council dais. 3.6 Representation at Ceremonial Functions The Mayor shall represent the Council at ceremonial functions. The Mayor may, at his/her own discretion, ask another Council Member to represent the Council at any function. Council Members shall be reimbursed for admission, meal expenses, and mileage to attend ceremonial functions, for which the Council Member was invited to represent the City, pursuant to the City of Lodi Travel Policy. 3.6a Issuance of Proclamations and Certificates, Presentation of Gifts, and Public Recognition PROCLAMATIONS AND CERTIFICATES OF RECOGNITION OR APPRECIATION: All requests for proclamations and certificates are subject to approval by and prepared on behalf of the Mayor. Proclamations and certificates are signed by the Mayor, and are prepared in response to the type of recognition requested (which may include recognition of individuals, groups, and events of significance to the Lodi community). Proclamations and certificates may be presented at a City Council meeting or at an outside event or meeting. Typically, requests are honored for presentation at a Council meeting only if a local representative from the requesting agency can appear to accept the certificate. 21 City Council Protocol Manual Page 5 of 29 PRESENTATION OF GIFTS: Requests for plaques, gifts, awards, or other Protocol Account expenses shall be approved by the Mayor, or by the City Council should the amount be over $1,000 (refer to Res. 2000-126, Protocol Account Policy). IN MEMORY OF: A meeting may be adjourned in memory of an individual at the direction of the Mayor or Member of the City Council. The individuals family will be mailed a letter by the City Clerks Office acknowledging the adjournment. 4. COUNCIL ADMINISTRATION 4.1 Salaries and Benefits Council salaries are established by LMC Chapter 2.08, City Council Salaries. Government Code section 36516 provides specific restrictions for adjusting Council salaries. Council Members shall be entitled to certain benefits, as outlined in Resolution No. 2018-254, which was adopted on December 19, 2018. 4.2 Travel and Expense Reimbursements The Council shall establish an annual budget for conferences, meetings, training, and representation at ceremonial functions. Council Members shall attend these functions at his/her own discretion for purposes of improving comprehension of and proficiency in municipal affairs and/or legislative operations. The Mayor will be allocated an additional $500 per year for representation expenses. The expenses of spouses who accompany public officials in the conduct of their public duties cannot be reimbursed (75 Cal. Op. Atty. Gen. 20 (1992)). 4.2a City of Lodi Travel Policy (Res. 2019-172) Council Members shall be subject to the City of Lodi Travel Policy as adopted by the Lodi City Council on August 21, 2019. 4.2b Appointment of Delegate/Alternate to National League of Cities and League of California Cities Annual Conferences (Res. 2015-184) Pursuant to Resolution No. 2015-184, adopted by the Lodi City Council on October 21, 2015, the Mayor shall serve as the voting delegate and the Mayor Pro Tempore shall serve as the voting alternate for all National League of Cities and League of California Cities annual business meetings. If a Council Member, however, serves on the League of California Cities (LCC) Executive Board of Directors, the LCC Central Valley Division Board of Directors, or in any other League capacity, priority shall be given to that individual to be designated as the Voting Delegate. In the event that the Mayor, Mayor Pro Tempore, and/or a Council Member serving on an LCC Board does not attend, the Mayor shall make the selection of the Voting Delegate and/or Voting Alternate. 22 City Council Protocol Manual Page 6 of 29 4.3 Protocol Account Policy (Res. 2000-126) Pursuant to Resolution No. 2000-126, adopted by the Lodi City Council on July 19, 2000, expenses used for such occasions as Council receptions and business luncheons, joint dinner meetings with various agencies and organizations, and supplies associated with Mayoral duties (e.g. plaques and awards, sympathy and congratulation tokens, etc.) require specific City Council approval, if over $1,000. A monthly itemized report of the Protocol Account shall be provided to the City Council by the City Clerk. 4.4 Appointment of City Council Appointees (LMC Title 2) Pursuant to LMC Section 2.12.010, Office establishedAppointmentQualifications, the office of City Manager is established, which shall be appointed by the City Council solely on the basis of his/her executive and administrative qualifications. The powers and duties of the City Manager are set forth in LMC Section 2.12.060, Powers and duties generally. Pursuant to LMC Chapter 2.13, City Clerk, the City Clerk shall be appointed by the City Council, which shall prescribe the qualifications, additional duties, and compensation of the City Clerk. The powers and duties of the City Clerk are further set forth in LMC Chapter 2.13, as well as those specified in California Government Code §40801 et seq. and other state and local statutes. Pursuant to LMC Chapter 2.14, City Attorney, the City Attorney shall be appointed by the City Council and shall serve as legal counsel to the City government and all officers, departments, boards, commissions, and agencies thereof. The powers and duties of the City Attorney are further set forth in LMC Chapter 2.14, as well as those prescribed by state law and by ordinance or resolution of the City Council. 4.5 Evaluation of City Council Appointees (Res. 2002-224) Pursuant to Resolution No. 2002-224, adopted by the Lodi City Council on November 6, 2002, the City Council shall conduct Council Appointees evaluations annually over the course of two City Council closed session meetings. The purpose of Council Appointee evaluations is to: 1) motivate Appointees to work at their highest capacity by jointly establishing job standards and objectives, review progress toward achieving those results, and subsequently plan the Appointees future development; 2) determine an Appointees performance level to assist in making appraisals for merit pay increases and disciplinary actions; and 3) serve as a means of communication between City Council and the Appointee. 23 City Council Protocol Manual Page 7 of 29 5. COMMISSIONS 5.1 Commissions City commissions (which hereinafter include standing Council-appointed boards, commissions, and committees) serve as advisory bodies to facilitate public input and citizen participation in the determination of public policies. This is accomplished by formulating recommended courses of action and policy to the City Council with whom final determination rests. The Planning Commission (LMC Chapter 2.16, Planning Commission) has authority to make final determination in applicable circumstances (see LMC Title 17, Development Code). 5.2 Board, Committee, and Commission Appointment and Removal Appointment Resolution No. 2003-156, adopted by the Lodi City Council on August 20, 2003, establishes the policy regarding appointment of persons to membership on a City board, committee, and commission (hereinafter Commission). Commission applicants, with the exception of the Greater Lodi Area Youth Commission, must be registered voters of San Joaquin County; Lodi Arts Commission applicants must be registered voters of the City of Lodi (Res. 2017-208); Parks and Recreation Commission applicants must be residents of the City of Lodi (Res. 2019-222); and Site Plan and Architectural Review Committee applicants must be registered voters of the City of Lodi. Pursuant to LMC Section 2.16.010, EstablishedAppointment, Planning Commission applicants must be registered voters of the City of Lodi. Those applicants not meeting these requirements will be notified by the City Clerks Office that their application does not meet specifications and cannot be considered for appointment. Applications are to be accepted by the City Clerk for 30 days and shall remain valid and on file for one year. Exception: Full-time and part-time City employees are prohibited from serving on a commission. Those seeking appointment to a commission must submit an application to the City Clerks Office. Those commissioners whose terms have expired must submit a new application (terms are not automatically renewed), and the City Clerk will notify said commissioners with a letter and new application form. Following the close of the 30-day application period, copies of all applications will be provided to Council Members for informational purposes, as well as to the appropriate staff liaisons, who will be asked to provide feedback on each candidate, including those seeking reappointment. The Mayor shall conduct interviews and submit recommendation(s) for appointment to the City Clerks Office for placement on the City Council agenda for motion action. Exception: The Greater Lodi Area Youth Commission may conduct independent interviews of all applicants, providing the Mayor with a ranking of the top ten, which he/she shall use in selecting qualified candidates. 24 City Council Protocol Manual Page 8 of 29 Following Council appointment, the successful candidate(s) will be notified by the City Clerks Office via letter of the appointment, Conflict of Interest ~ Form 700 filing obligation (if required), mandatory AB1234 ethics training and compliance, AB 1661 sexual harassment training and education (if required), Oath of Office form, and Commissioners Handbook. Copies of the letter and completed application form(s) will be forwarded to the appropriate staff liaison, who will contact the successful candidate(s) regarding meeting dates and times and responsibilities. The City Clerks Office will notify the unsuccessful candidates of the outcome and confirm the status of their application (i.e. currently valid; has or about to expire; etc.). The appointed commissioners assume office at the time the Oath of Office form is completed and submitted to the City Clerks Office. Newly-appointed commissioners are not permitted to participate in commission meetings or activities until the Oath is filed. Failure to comply with this requirement within 30 days of appointment or reappointment will cause the seat to be unfilled, and the City Clerk shall post for the vacancy at the next regularly-scheduled Council meeting pursuant to these guidelines. Appointed commissioners serve without compensation except as Council may prescribe from time to time by resolution or ordinance. (EXCEPTION: Planning Commissioners receive compensation pursuant to LMC Section 2.16.020 Compensation.) Appointees to all City boards and commissions are required to receive mandatory AB1234 ethics training within 30 days of appointment (and by December 31 of even-numbered years thereafter) and submit a completed Proof of Participation Certificate to the City Clerk (EXCEPTION: Greater Lodi Area Youth Commissioners ~ Student Appointees). The City Clerk shall notify appointed commissioners via letter of available training opportunities. Appointees cannot receive compensation, stipend, or training reimbursement until AB1234 ethics training is completed. Failure to comply with the mandatory ethics training will result in the appointees removal from the commission. Some appointees will be required to complete a Conflict of Interest ~ Form 700 ~ Assuming Office Statement within 30 days of taking office. The City Clerk shall notify appointees of this filing requirement and provide the necessary forms. Those who do not comply with the Form 700 obligation will be subject to applicable rules, penalties, and fines as set forth by the Fair Political Practices Commission. Filers have the option to file electronically through the Citys electronic filing system, NetFile; however, to ensure reporting continuity, once a statement, report, or other document is filed electronically on behalf of any filer, all future reports and other documents filed on behalf of that filer must be filed electronically. Commissioners appointed to a vacated seat or unexpired term shall serve out the remainder of the term, unless said term is due to expire within six months of the appointment date. In that case, the term shall automatically be extended by the commissions stated term limit. 25 City Council Protocol Manual Page 9 of 29 Removal An individual appointed by the City Council to a commission shall continue to serve as a member thereof except when: 1. The individuals term of office expires and a different individual has been appointed. If the incumbent individual applied for reappointment, he/she may continue to serve in the office until appointment of a different individual is made, even after the term expires. If not, the incumbent may only serve until the expiration date of the term of office. 2. The individual voluntarily resigns from the commission. 3. The individual no longer resides and/or is a registered voter within the required jurisdiction. 4. The individual fails to attend three (3) consecutive meetings of the commission and does not have prior approval for said absences by way of a majority action of the commission. In such case, the commission shall vote to recommend that Council remove the member and post for the vacancy, which the City Clerk will submit to Council at its next regularly-scheduled meeting. 5. The individual fails to comply with the mandatory AB1234 ethics training by December 31 of even-numbered years. In such case, a non-compliance letter will be mailed the first week of January by the City Clerk to the individual providing 30 days to conform and submit the certification. At the conclusion of the 30-day period, the City Clerk will notify the individual that if the required training and certification is not completed within 10 days, the seat will be vacated and the City Clerk will place an item on the next regularly-scheduled City Council agenda to declare the position vacant and post for the open seat. A majority vote of the City Council may remove any member of a commission for any reason including, but not limited to, incompetence, inability to work productively with fellow commissioners, conduct unbecoming a public official, violating the City's Conflict of Interest Code, failing to comply with statutory requirements, or failing to attend fifty percent (50%) of commission meetings in a calendar year. Conduct unbecoming a public official includes the conduct that any reasonable commissioner would know is incompatible to public service, would indicate a lack of fitness to perform the functions of a commissioner, or would discredit or cause embarrassment to the City. Any member of the City Council may initiate an individuals removal from a commission by requesting that consideration of the individuals removal be placed on the Council's agenda at a regular or special meeting for discussion and potential action. The City Clerk shall notify the person affected of the time and place of the meeting. When the item is on the City Council agenda, the City Council may, by majority vote, remove the individual from a commission. 26 City Council Protocol Manual Page 10 of 29 At the beginning of each year, the City Clerk will place an item on the Councils agenda to report on attendance, AB1234 ethics training and compliance, AB1661 sexual harassment training and education (if required), and Statement of Economic Interest ~ Form 700 compliance for each commissioner. 5.3 Commission Responsibility Commissioners should respect their fellow commissioners, the public, and staff and shall take seriously their responsibility for reporting to the City Council. Positions taken by appointed representatives should be in alignment with the positions that the Council has taken on issues that directly impact the City of Lodi. Commissioners shall make a good faith effort to attend all scheduled meetings and will notify the City liaison if they will be absent. Each Council-appointed commission shall be designated a staff liaison who shall make certain that the commission is properly instructed on its responsibilities and performance expectations. This may include the issuance of the commissions bylaws or guidelines and Commissioners Handbook, as well as copies of The Brown Act and Resolution No. 2006-31, Rules of Conduct of Meetings, Proceedings, and Business. The City Attorney may from time to time conduct Brown Act workshops for new commissioners. Commissioners shall also comply with the City of Lodi Code of Ethics and Values (Res.2004-115). Commissioners may address the Council on items discussed by their respective bodies but should be limited to the chair or a representative that has been appointed by the commission. This will not take precedence over any individuals first amendment right to address the Council as an individual. All commissioners must file the Oath of Office form with the City Clerks Office within 30 days of appointment or reappointment and prior to participating in any commission meetings or activities. All commissioners must comply with AB1234 ethics training specified by Government Code section 53235 within 30 days of assuming office and thereafter by December 31 of even-numbered years. Commissioners must comply with Fair Political Practices Commission regulations pertaining to Conflict of Interest ~ Form 700s and are required to file an Assuming and Leaving Office Statement within 30 days of assuming or leaving office and annually thereafter by April 1. Filers have the option to file electronically through the Citys electronic filing system, NetFile; however, to ensure reporting continuity, once a statement, report, or other document is filed electronically on behalf of any filer, all future reports and other documents filed on behalf of that filer must be filed electronically. 27 City Council Protocol Manual Page 11 of 29 5.4 Council Contact with Commissions Members of the City Council should not attempt to influence or publicly criticize commission recommendations, or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them. An exception to the Brown Act allows a legislative body majority to attend an open and noticed meeting of a standing committee of the legislative body provided that the legislative body members who are not members of the standing committee attend only as observers, meaning that they cannot speak or otherwise participate in the meeting. 5.5 Ad Hoc Committees and Task Forces The City Council, through the City Manager, shall make certain that all Council-appointed ad hoc committees and task forces are properly instructed in their assigned scope of work and responsibility. The expected output of their effort shall be clearly defined. Ad hoc committees and task forces are responsible for keeping the Council informed about issues being considered and their progress. This is to be accomplished by meeting minutes distributed to the Council via the City Clerks Office. Council Members may also view minutes for all ad hoc committees and task forces at any time via the Agenda Center on the Citys website. Ad hoc committees and task forces are responsible for advising the Council of any need for information or more specific instructions. Ad hoc committees and task forces shall obtain Council concurrence before they proceed in any direction different from the original instructions of the Council. 5.6 Annual Recognition Each year, the City Council will recognize the efforts of outgoing members of Council-appointed boards, commissions, committees, and task force groups with Certificates of Recognition at the City Council meeting and reorganization in December. 5.7 Council Service on Commissions Council Members are requested to serve on various commissions for outside agencies. Following a City election, at which new Council Members are elected, the Council shall review the list of current assignments and make recommendations for appointments of new Council Members. Any Council Member desiring to serve on a certain commission should inform the Mayor. A Council Member resigning from his/her position on a certain commission should inform the Mayor (via the City Clerks Office). Thereafter on an annual basis, the City Clerk will place an item on the Councils agenda to confirm the appointment of City Council Members on various boards, committees, and commissions and notify Council of any changes. Appointments are subject to approval by a majority of Council. 28 City Council Protocol Manual Page 12 of 29 Council representatives to such commissions shall keep the Council informed of ongoing business through periodic updates under the Comments by Council segment of the regular City Council meeting agenda or other means as appropriate. In addition, any Council Member who receives a stipend for service on an outside commission will notify the City Clerk of the details, and any changes thereafter, in order to comply with Fair Political Practices Commission reporting requirements. 5.8 Regional Boards The role of the Council on regional boards will vary depending on the nature of the appointment. Representing interests of Lodi is appropriate on some boards; this is generally the case when other local governments have its own representation. Examples might be serving on the Northern California Power Agency and Northern San Joaquin County Groundwater Banking Authority. Other appointments, such as San Joaquin Council of Governments, are broader in nature; these boards depend on its members taking a more regional approach. The positions taken by the appointed representative are to be in alignment with the positions that the Council has taken on issues that directly impact the City of Lodi. If an issue should arise that is specific to Lodi and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board to assure that it is in alignment with the Councils position. 6. MEETING GUIDELINES & PROCEDURES 6.1 Attendance / Quorum Council Members acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Council Members shall make a good faith effort to attend all such meetings unless unable. Council Members will notify the City Clerk if they will be absent from a meeting. The City Clerk will then notify the City Manager, City Attorney, and all other Council Members. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three appear at a regular meeting, the Mayor, Mayor Pro Tempore in the absence of the Mayor, any Council Member in the absence of the Mayor and Mayor Pro Tempore, or in the absence of all Council Members, the City Clerk, or his/her designee, shall adjourn the meeting to a stated day and hour or cancel the meeting due to the lack of a quorum. Rule of Necessity: If enough Council Members are disqualified (e.g. conflict of interest) such that a quorum cannot be met, the disqualified Members shall draw lots to rehabilitate a sufficient number of Council members to permit Council action. Direction from the City Attorney should be sought to determine that real conflict exists to necessitate the need to use the Rule of Necessity. 29 City Council Protocol Manual Page 13 of 29 6.2 Meeting Dates and Location Whenever possible, taking into consideration the number of participants and room availability, all Council meetings noticed for action shall be scheduled in the Council Chambers at the Carnegie Forum to allow for a live cable-cast of the meeting. 6.2a Regular Meetings & Informal Informational (Shirtsleeve) Sessions Pursuant to LMC Chapter 2.04, City Council Meetings, regular meeting dates are the first and third Wednesday of each month commencing at 7:00 p.m. Informal Informational (Shirtsleeve) Sessions are held every Tuesday morning at 7:00 a.m. 6.2b Special/Joint/Adjourned/Emergency Meetings The Brown Act sets forth specific requirements for holding adjourned, special, and emergency meetings. The City Council may from time to time hold special joint meetings with boards and commissions or outside agencies or groups. 6.3 Agenda / Council Meeting 6.3a Agenda Packet Preparation The City Manager reviews and approves all items for the Council agenda. Agenda packets are compiled, photocopied, converted electronically, posted to the Web, and distributed through the City Clerks Office, pursuant to the City Council Agendas, Council Communications, and Packet Policy/ Procedure. Agendas shall be delivered to Council Members on the Thursday prior to the Council meeting and a link to the electronic agenda packet on the Webpage will be e-mailed to Council. 6.3b Placing Items on the Agenda Pursuant to LMC Section 2.04.180 Preparation of agendas, matters may be placed on the agenda for consideration by request of 1) any member of the City Council, 2) the City Manager, 3) the City Clerk, and 4) the City Attorney. Any reasonable request by any person named in this section shall be honored, subject to the City Manager's discretion as to the preparation of accompanying staff reports. Requests from the public to place an item on the agenda are to be directed to the City Clerks Office and shall be handled in the following manner: Proclamation/Certificate All requests for proclamations and certificates are subject to approval of the Mayor and are typically honored only if a local representative from the requesting agency can appear to accept the certificate. 30 City Council Protocol Manual Page 14 of 29 Presentations Most requests for presentation by civic groups and local organizations and requests for recognition of Eagle Scouts or for excellence in academics, athletics, etc. shall be honored and placed appropriately under the Presentations segment of the agenda. Item for Discussion/Action Requests by members of the public to place an item for discussion or action on the agenda shall be directed to the appropriate City department for proper handling. In the event it cannot be handled in this manner, the individual requesting the action should submit in writing his/her specific request either directly to the City Council or to the City Clerk who will then forward to the City Council, City Manager, City Attorney, and appropriate Department. Members from the public are also encouraged to attend a City Council meeting to make their request for an agenda item under the Comments by Public on Non-Agenda Items segment of the agenda. 6.3c Order of Agenda Items Resolution No. 2018-16, adopted by the Lodi City Council on February 7, 2018, establishes the order of business for City Council meetings. Topics anticipated to be of greatest interest to the public will be placed at the beginning of the Regular Calendar. 6.3d Agenda Posting The agenda for any Regular, Special, or Shirtsleeve Session meeting shall be made available to the general public. For every Regular, Special, or Shirtsleeve Session meeting, the City Clerk, or other authorized person, shall post the agenda, specifying the time and place at which the meeting will be held and a brief description of all items of business to be discussed at the meeting. The agenda shall be posted according to law at the following locations: Lodi City Hall 221 W. Pine Street City Clerks Office 221 W. Pine Street, 2nd Floor Lodi Carnegie Forum* 305 W. Pine Street On the Internet (Agenda Center) www.lodi.gov Office of California Human Development / Worknet 631 E. Oak Street *NOTE: This is the official City of Lodi posting location freely accessible to the public 24 hours a day. 6.3e Americans with Disabilities Act Statement and Language Interpreter Agendas for all City Council meetings will contain a statement regarding the Americans with Disabilities Act and language interpreter requests in substantially the following language, making the City Clerk the contact for inquiries. 31 City Council Protocol Manual Page 15 of 29 All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, located at 221 W. Pine Street, Lodi, and are available for public inspection. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation contact the City Clerks Office as soon as possible and at least 72 hours prior to the meeting date. Language interpreter requests must be received at least 72 hours in advance of the meeting to help ensure availability. Contact [name of City Clerk] at (209) 333-6702. Solicitudes de interpretación de idiomas deben ser recibidas por lo menos con 72 horas de anticipación a la reunión para ayudar a asegurar la disponibilidad. Llame a (nombre de el Secretario de la Ciudad] (209) 333-6702. 6.3f Limitation to Act Only on Items on the Agenda No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below: Upon a majority determination that an emergency situation (as defined by state law) exists; and Upon determination by a 4/5 vote of the full City Council, or a unanimous vote if less than a full Council, that there is a need to take immediate action and that the need to take the action came to the attention of the City Council subsequent to posting of the agenda. 6.3g Supplemental Information (Blue Sheet Items) At times, it may be necessary to amend or provide new information to Council following the publication of the City Council packet. Supplemental material that revises a previously submitted item shall show new information in bold and deleted information in strikethrough. Supplemental material that adds further information to a previously submitted item (e.g. a new Council Communication or attachment) shall contain the statement SUPPLEMENTAL INFORMATION on the top, right-hand side of the new material. All supplemental material shall be copied on blue paper and distributed to Council Members and key staff members, in addition to the public information table, prior to the start of the meeting. 6.3h Closed Session Closed sessions are regulated pursuant to the Brown Act. All written materials and verbal information regarding closed session items shall remain confidential. No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any 32 City Council Protocol Manual Page 16 of 29 discussion that takes place in a closed session, unless authorized by a majority of Council. The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect, and tolerance for all viewpoints and for the right of Council Members to disagree. In accordance with Resolution No. 80-101, adopted by the Lodi City Council on August 6, 1980, the City Clerk is authorized to attend all closed session meetings to record motions and actions taken by the City Council. The City Attorney, following the adjournment of a closed session, shall disclose all reportable action taken in the closed session, which shall be recorded into the record by the City Clerk. 6.3i Invocations/Calls to Civic Responsibility (Res. 2009-146) In accordance with Resolution No. 2009-146 (Exhibit D), adopted by the Lodi City Council on October 21, 2009, invocations/calls to civic responsibility shall follow the policy regarding legislative invocations/calls to civic responsibility before meetings of the Lodi City Council. 6.3j Presentations Special presentations shall be scheduled as necessary in recognition of persons or groups, or for the promotion of an event or service. Requests for special presentations must be submitted to the City Clerk in advance of the agenda deadline. 6.3k Consent Calendar Those items on the Council agenda that are considered to be of a routine and non-controversial nature by the City Manager shall be listed on the Consent Calendar. These items so listed shall be approved, adopted, accepted, etc. by one motion of the Council. Council Members may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration. 6.3l Public Comments Pursuant to the Brown Act, public comment is allowed on specific items of business on the Council agenda before or during the Councils consideration of the matter. Members of the public wishing to address Council on a closed session topic will be allowed an opportunity to do so prior to Council adjourning to closed session. Speakers are limited to five minutes. On scheduled items where the Council determines that 33 City Council Protocol Manual Page 17 of 29 the existence of unusual or controversial issues exists, that the large number of speakers wishing to address the Council so justifies, or that other considerations make modification appropriate, the Mayor may limit the amount of time to be afforded each speaker and/or prohibit ceding or yielding speaking time to others. Public comments will also be allowed on any item not on the agenda but within the jurisdiction of the City Council. Public comments on non-agenda items are limited to five minutes each. Individuals desiring to speak are encouraged, but not required, to submit a request to speak card to the City Clerk listing their name and address. Use of City computer and/or video equipment to broadcast materials containing visual images during City Council meetings is limited to scheduled/agendized items, and such computer and/or video equipment is not for use during public comment at such meetings. During, before, or after public comment at a City Council meeting, members of the public may distribute hard copies of any document and other records to the City Council through the City Clerk, and those documents and records will be made a part of the record and made available to any member of the public upon request. All comments and testimony shall be made from the podium through the Mayor; no comment or testimony shall be shouted from the audience. Comment and testimony are to be directed to the City Council. Dialogue between and inquiries from citizens at the podium and members of staff or the seated audience is not permitted. Inquiries which require staff response shall be referred to staff for response at a later time. The City Council cannot prohibit public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the City Council itself; however, the Brown Act provides no immunity for defamatory statements. Any person who addresses the City Council in a manner which disrupts, disturbs, or impedes the orderly conduct of the meeting may be asked to terminate his/her comment period. Continued inappropriate behavior or comments, after having been directed to discontinue, may be grounds for removal from the meeting. 6.3m Council Comments on Non-Agenda Items Council Members may make comments on non-agenda items. Comments are generally for informational purposes or to request a future report on a matter; it is not intended for detailed discussion of an item or for action (Gov. Code section 54954.2(a)(2)). 6.3n Public Hearings Public hearings may be required on certain items as prescribed by the Lodi Municipal Code or by state or federal law. In addition to the public hearing procedures set forth in Resolution 34 City Council Protocol Manual Page 18 of 29 2006-31, adopted by the Lodi City Council on February 15, 2006, the general procedure for public hearings is as follows: 1. Staff presents its report. Council Members may ask questions of staff. 2. The Mayor opens the public hearing. 3. The applicant or appellant has the opportunity to present his/her comments, testimony, or arguments. Adequate time must be allotted for the applicant or appellant to present his/her case subject to the time limits established by the Mayor. 4. Members of the public may present their comments subject to time limits established by the Mayor. 5. The Mayor closes the public hearing after everyone wishing to speak has had the opportunity to do so. 6. Council deliberates and takes action. When the City Council acts in an adjudicatory or quasi-judicial capacity, each member must (1) disclose on the record the nature and substance of any ex parte communications relating to the matter; and (2) provide interested parties full and fair opportunity to rebut or explain the information obtained from those communications. The City Clerk, with consultation from the City Attorney, will designate all quasi-judicial public hearings on the City Councils agenda. 6.3o Regular Calendar Those items on the Council agenda that are considered to require Council discussion or public input shall be listed on the Regular Calendar. These items so listed shall be approved, adopted, accepted, etc. separately by the Council. 6.3p Ordinances Ordinances involve a command or prohibition and have the force of law in the city for which an ordinance is adopted. An ordinance generally prescribes some permanent rule of conduct or government that remains in force until the ordinance is repealed. With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore requiredone to introduce (under Public Hearings or on the Regular Calendar) and a second to adopt the ordinance (under Ordinances). Ordinances may only be passed at a Regular meeting or at an Adjourned (i.e. continued) Regular meeting; except for urgency ordinances, ordinances may not be passed at a Special meeting. Unless otherwise stated, an ordinance shall take effect 30 days following the date of adoption. 35 City Council Protocol Manual Page 19 of 29 6.3q Resolutions A resolution expresses City Council policy or directs certain types of administrative action and may be changed by a subsequent resolution. Resolutions are effective on the date of adoption. In general and without explicitly calling it out in all resolutions, the City Attorney has authority to correct administrative, typographical, or clerical errors for all resolutions that do not alter Council direction/intent in any way. Resolutions approving contracts, Professional Services Agreements, Memorandums of Understanding, grant agreements and the like, shall include language authorizing the City Attorney to make minor revisions to the agreement that do not alter the compensation or term and to make clerical corrections as necessary. 6.3r Minute Motion A minute motion is the most informal official action taken by the City Council. It ordinarily is used to indicate majority approval of a procedural action, such as accepting grant deeds, approving plans and specifications and agreements, or otherwise authorizing disposition of an agenda item. 6.3s Agency Meetings (LPIC, IDA, LFC, LPFA) The City Council, which also sits as members of the Lodi Public Improvement Committee (LPIC), Industrial Development Authority (IDA), Lodi Financing Committee (LFC), and the Lodi Public Financing Authority (LPFA) shall meet annually at the regularly-scheduled meeting following the Council reorganization to elect new officers. Typically, the Mayor shall serve as Chairperson or President and the Mayor Pro Tempore shall serve as the Vice Chairperson or Vice President. 6.3t Council Communications / Staff Reports Each City Council agenda item shall have a coordinating staff report (Council Communication) prepared by the originating department. Council Communications are written specifically for the purpose of communicating information necessary for policy and decision-making and shall include an abbreviated history, the overall intent and need for the requested action, and its impact or affect on the community, services, and programs of the City. 36 City Council Protocol Manual Page 20 of 29 6.3u Submitted Materials at or Before Meetings are Public Records Any written correspondence or other materials, when distributed to all, or a majority of all, of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk. Communications sent to the City Council related to an item on an agenda received in the City Clerks Office by 4:00 p.m. on the date of the meeting will be provided to Council Members as a Blue Sheet item. Such communications will be handled in accordance with California Government Code section 54957.5. 6.3v Electronic Mail Communications, Prohibited during Meetings Use of the Internet, e-mail, texting, and social media is prohibited by Council Members during City Council meetings, with the exception of accessing the agenda packet via City-provided iPads. The purpose of this is: 1) to ensure that no violations of the Brown Act occur and 2) to allow for proper management of communications during meetings so that City business can be conducted in an efficient and orderly manner. 6.3w Minutes The City Clerk, or his/her designee, shall attend and prepare action minutes (pursuant to Res. 2017-230) of all public meetings of the City Council. Minutes ready for Council approval shall be placed on the regular City Council meeting agenda and included in the Council packet. Pursuant to LMC Section 2.04.110, Reading and approval of minutes, any Council Member can request a correction or amendment to the minutes, subject to verification by the City Clerk. It is suggested that Council Members contact the City Clerk no later than Tuesday before the regular meeting, which will allow the Clerk time to review the recording to ensure that the requested amendment was verbalized at the meeting, and if so, make the change to the minutes and present the amended minutes to Council as a Blue Sheet item on the day of the meeting for approval. 37 City Council Protocol Manual Page 21 of 29 6.4 Rules of Conduct 6.4a Discussion Rules The Mayor or presiding officer has the responsibility to control the debate and the order of speakers pursuant to the rules for conduct of meetings, proceedings, and business as set forth in Resolution No. 2006-31 (Exhibit B). 6.4b Council Comments (Related to Items on the Agenda) Council Members shall limit their comments to the subject matter, item, or motion being currently considered by the Council. 6.4c Speaker Time Limits Members of the public speaking on non-agenda items shall be limited to five minutes. On scheduled items where the Council determines that the existence of unusual or controversial issues exists, that the large number of speakers wishing to address the Council so justifies, or that other considerations make modification appropriate, the Mayor may limit the amount of time to be afforded each speaker and/or prohibit ceding or yielding speaking time to others. 6.4d Council Questions of Speakers Council Members who wish to ask questions of speakers may do so, but only after being recognized by the Mayor. Members of Council shall not engage in debate with a member of the public at Council meetings. 6.5 Decorum 6.5a Council Members / Council Appointees Resolution No. 2004-115 (Exhibit C), adopted by the Lodi City Council on June 2, 2004, establishes the code of ethics and values to be followed by City Council Members and City Council Appointees (i.e. City Manager, City Attorney, and City Clerk). Members of the City Council and Council Appointees value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Council Members and Appointees shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the City Council. At all times, Council Members in the minority on an issue shall respect the decision and authority of the majority. 6.5b City employees Members of the City staff are expected to observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business professional manner toward Council Members and members of the public. 38 City Council Protocol Manual Page 22 of 29 6.5c Public Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. 6.5d Noise in the Chambers Noise emanating from the audience within the Council Chambers or lobby area, which disrupts City Council meetings, shall not be permitted. 6.6 Use of Council Chambers As set forth in the City of Lodi Administrative Policy and Procedure Manual, the following are authorized uses of the spaces in the Carnegie Forum. 1. All meetings of the City Council. 2. All meetings of City boards and commissions when such boards and commissions are staffed by a City liaison person. 3. Meetings called by a Council Member(s) to discuss City business with constituents and others. 4. Department Head and other City staff meetings. 5. City employee training sessions. 6. General meetings of City employees for the purpose of disseminating job-related information. 7. Professional meetings hosted/conducted by City staff. 8. City-sponsored community awareness programs. 9. One non-partisan Town Hall meeting per year of elected San Joaquin County Supervisors and State and federal Legislators at which the City Manager is present. Exceptions to this policy may be made only on the authority of the City Council. The Council Chamber cannot be used as a location for taking campaign photos. All requests for use of Carnegie Forum spaces shall be made through the City Managers Office. 7. COMMUNICATIONS 7.1 Processing and Delivering of City Council Mail by City Clerks Office Upon authorization of the City Council Member, the City Clerk shall open all mail addressed to the Mayor and City Council Members, with the exception of those marked Personal or Confidential. Communication Addressed to the City Council All correspondence addressed to the City Council is treated as public information. A copy is given to each member of the City Council, City Manager, City Attorney, and all other affected departments for information, referral, or handling. The original document is retained in the City Clerks Office file. 39 City Council Protocol Manual Page 23 of 29 Communication Addressed to the Mayor Commonly, the senders intent when addressing communication to the Mayor is merely to forward it to the head of the city governing body, and consequently, this type of correspondence is often handled in the same manner as communication addressed to the City Council. Handling of the Mayors mail is, however, at the discretion of the individual serving in this capacity, which is ascertained each year following the reorganization of the City Council. Communication Addressed to Individual Council Members Communication addressed specifically to individual City Council Members is treated as personal mail and is only opened by the City Clerks Office if express authorization to do so was given by the Council Member. No copies are made or distributed. Should a response be needed, it is up to the individual Council Member to whom the correspondence was addressed, as is forwarding the information to affected departments if appropriate. With limited exception, all communications directed to the Mayor or City Council Members, including e-mail or other types of electronic correspondence, are public records subject to disclosure under the California Public Records Act. 7.2 Council Calendar A weekly calendar is prepared by the City Clerk and distributed to each Council Member, Administrative staff, and the press for informational purposes. It shall be the responsibility of Council Members to notify the City Clerk of their attendance at any event, for which the City Clerk will handle the arrangements. 7.3 Citizen Complaint Process All complaints directed to the City Council through the City Clerks Office will be copied to the City Managers Office and other affected departments. A reply, confirming receipt and notifying the sender who the communication was forwarded to, will be sent by the City Clerks Office. 7.4 Use of City Letterhead or City Seal All Council Member correspondence written on City resources, i.e. letterhead, staff support, postage, etc., will reflect a majority position of the Council, not individual Council Members positions. All Council Member correspondence using City resources shall be copied to the full Council. The City Clerk is the custodian of the Official City Seal pursuant to Lodi Municipal Code 2.13.010. The City Seal shall not be altered and is to be used only on official City documents. 40 City Council Protocol Manual Page 24 of 29 7.5 Communications with Staff Pursuant to LMC Section 2.12.070, Council to Deal Exclusively through City Manager, the City Council and its members, except for the purpose of inquiry, shall deal with administrative services solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any of the subordinates of the City Manager. A Council Member shall not direct staff to initiate any action, change a course of action, or prepare any report that is significant in nature, nor shall a Council Member initiate any project or study without the approval of a majority of Council. Exception: Pursuant to LMC Title 2.13 and 2.14, the City Attorney and City Clerk are appointed by the City Council and shall report his/her advice, recommendations, and requests directly to the City Council. In regard to an agenda item question, Council Members are encouraged to contact staff members to ask questions for clarification prior to the meeting, at which the subject will be discussed. 7.6 Complaints Regarding Performance of Staff Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved. Council Members shall not reprimand employees directly, nor shall they communicate their concerns to anyone other than the City Manager. 7.7 Handling of Litigation / Confidential Information Council Members shall keep all written materials and verbal information provided to them on matters that are confidential under state law in complete confidence to ensure that the Citys position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Council Members, the City Attorney, or City Manager. 7.8 Representing Majority vs. Individual Opinion A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Council Member retains the right to speak as an individual, not as a member of the City Council, but must make it very clear that he/she speaks on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Council Member should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. 41 City Council Protocol Manual Page 25 of 29 7.9. Legislative Communications at the Request of City-Affiliated Organizations From time to time, the City is asked by the League of California Cities and other City-affiliated organizations to support and/or oppose a position on a particular piece of legislation and/or proposal. When such a request is received, the matter shall be agendized and acted upon at the next regularly scheduled City Council meeting. When a request is received necessitating a more timely response in that action is required prior to the next regularly scheduled City Council meeting, the Mayor, or his/her designee, on behalf of the City, may sign and submit the requested communication so long as the position is consistent with the position taken by the League and/or other City-affiliated organizations and previous positions, if any, taken by the City. A copy of the communication shall be presented as an informational item on the Consent Calendar at the next regularly scheduled City Council meeting. 8. CONFLICT OF INTEREST / ECONOMIC DISCLOSURE REQUIREMENTS FOR PUBLIC OFFICIALS 8.1 Conflict of Interest The Political Reform Act (Government Code, Title 9, sections 81000-91015) controls conflict of interest through disclosure and prohibition of participation in decisions, which are actual conflicts of interest. Specifically, it requires City Council Members and other public officials to annually disclose all financial interests that may be affected by decisions made in their official capacity; this includes interests such as investments, real property, and income. Council Members must also disqualify themselves from making or participating in making or influencing any governmental decision that will have a foreseeable material financial affect on any economic interest of the Council Member or certain family members. The Political Reform Act requires state and local government agencies to adopt and promulgate conflict of interest codes, which shall be reviewed bi-annually on even-numbered years. On November 7, 2018, the Lodi City Council adopted Resolution No. 2018-211 amending the City of Lodis Conflict of Interest Code. 8.2 Statements of Economic Interest A financial disclosure form (Statement of Economic Interest ~ Form 700) must be filed with the City Clerk no later than April 1 of each year for financial interests pertaining to the preceding calendar year. Council Members must file a statement within 30 days of officially assuming office or leaving office. Certain commission members and City employees are also subject to this disclosure requirement. Filers have the option to file electronically through the Citys electronic filing system, NetFile; however, to ensure reporting continuity, once a statement, report, or other document is filed electronically on behalf of any filer, all future reports and other documents filed on behalf of that filer must also be filed electronically. 42 City Council Protocol Manual Page 26 of 29 8.3 Make and Participate in Making a Decision An official makes a decision when the official votes on a matter, appoints a person, obligates or commits the City to any course of action, or enters into any contract on behalf of the City. Pursuant to LMC 2.04.140, Voting, all members of the Council, when present, must vote. If a member of the Council states that he/she is not voting, his/her silence shall be recorded as an affirmative vote unless, however, the Council Member abstains from voting by reason of his/her interest in the matter before the Council and that reason is stated at the meeting. If, however, a Council Member abstains from voting without stating his/her interest in the matter, his/her abstention shall be recorded as an affirmative vote. An official participates in making a decision when the official negotiates on behalf of the City without significant substantive review, or advises or makes recommendations to the decision maker, either directly or without significant intervening substantive review. Exceptions: Making or participating in the making of a decision does not include ministerial, secretarial, manual or clerical actions, appearances by the official as a member of the general public before any body of the City in the course of its prescribed governmental function to represent himself/herself on matters related solely to his/her personal interest. 8.4 Advice from City Attorney regarding Conflict of Interest Any official who is uncertain as to whether he/she may have a conflict of interest shall seek clarification from the City Attorney; however, the official must understand that the City Attorney may not keep the consultation confidential from the full Council, and the City Attorneys opinion is not a defense to a Fair Political Practices Commission (FPPC) enforcement action. When in doubt, the City Attorney or the official can request a formal opinion from the FPPC if the request is made at least four weeks in advance. 8.5 Using Official Position to Influence Council Members shall not attempt to coerce or influence any member, officer, official, consultant, or commission member of the City in the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. The Council shall not attempt to change or interfere with the operating policies and practices of any City department. 43 City Council Protocol Manual Page 27 of 29 APPENDIXReference Table of Amendments DATE DESCRIPTION ACTION 3/15/06 City Council adopted City Council Protocol Manual Res. 2006-45 1/2/07 Amended Manual to update resolution number relating to the AB1234 Expense Reimbursement Policy (Section 4.2a) Administratively 10/8/09 Amended Manual to add Appendix: Reference Table of Amendments for tracking purpose and added Exhibits A, B, and C to the Table of Contents page Administratively 10/21/09 Amended Manual to update policy regarding invocations, referencing the Council-adopted resolution (Section 6.3i), and added Exhibit D to the Table of Contents page and attached it to the Manual Res. 2009-146 2/2/11 Amended Manual to revise the boards, committees, and commissions appointment policy to include the specific follow-up process and indicate that the applicants shall be interviewed by the Mayor Council action (motion/action) 5/18/11 Amended Manual to add Section 7.9 regarding communications at the request of the League of California Cities Council action (motion/action) 10/5/11 Amended Manual, Sections 7.4 and 7.9, to further clarify use of City letterhead and expand the definition of legislative communications (i.e. not only League requests) Council action (motion/action) 10/19/11 Amended Section 5.6, Annual Recognition Reception, to reflect that the reception is held annually in December rather than August Administratively 11/2/11 Amended Section 5.2 (Commission Appointments) to add language regarding removal process Council action (motion/action) 7/23/13 Amended Section 6.3l (Public Comments) to update language re: public comments (i.e. public encouraged, but not required, to give name/address) Administratively 9/2/15 Amended Manual to update resolution numbers, as well as any amendments in federal, state, and local laws Administratively 44 City Council Protocol Manual Page 28 of 29 DATE DESCRIPTION ACTION 10/21/15 Amended Section 4.2b re: future Voting Delegate and Alternate for League and National Conferences Res. 2015-184 8/1/18 Allow Use of Carnegie Forum for Town Hall Meetings by Members of the San Joaquin County Board of Supervisors and State and Local Legislators Council action (motion/action) 4/9/19 & 8/28/19 Amended Manual to update resolution numbers, as well as any amendments in federal, state, and local laws (and changed Travel Policy Resolution No.) Administratively 11/6/19 Amended Manual to update residency requirement for applicants of the Parks and Recreation Commission Res. 2019-222 11/6/19 City Council adopted Amended City Council Protocol Manual Res. 2019-223 12/18/19 Updated Manual to reflect new Code of Ethics and Values Res. 2019-278 45 City Council Protocol Manual Page 29 of 29
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RESOLUTIONNO. 2006-31ARESOLUTIONOFTHE
COUNCIL ADOPTING AND ESTABLISHING RULES FOR THE CONDUCTOFITSMEETINGS, PROCEEDINGS, AND BUSINESS ANDTHEREBY RESCINDING RESOLUTION WHEREAS, the Lodi City Council, pursuant to Chapter 2.04 of the Lodi MunicipalCode, is empowered and required to adopt by resolution, rules of conduct for CityCouncil meetings; andWHEREAS,itis desirable to make such procedural rules applicabletoall otherboards, commissions, and committees of the City.NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows :SECTION
RULES OF CONDUCT AND DEBATE FOR THE
COUNCIL,BOARDS, COMMISSIONS. AND COMMITTEESA. Presidina Officer Mav DebateThe Mayor or presiding officer may move, second, and debate from the chair,subject only to such limitationsof debate as are by these rules established. The chair shall not be deprived of any of the rights and privileges of a Council or board member by reason of being the presiding officer.B.
The Floor.Any member of the Council or board wishing to speak must first obtain the floorby being recognized by the chair. The chair must recognize any member whoseeks the floor when appropriately entitled to doso.C. Motions.The chair or any member of the Council or board may bring any matter ofbusiness appearing on the agenda before the body by making a motion. Thechair shall open the matter for debate, offering the first opportunity to debate tothe moving party and, thereafter, to any other member properly recognized by the chair. Once the matter has been fully debated and seconded and the chaircalls for a vote, no further debate will be allowed; provided, however, Council or board members may be allowedtoexplain their vote. The person making themotion shall have the privilegeofclosing debate.D.
All members present at a meeting shall vote when the question is called, subject to the provisions of Lodi Municipal Code Section 2.04.140.
EXHIBIT B
52 E .Procedural Rules of Order.Once the main motion is properly placed on the floor, several related motionsmay be employed in addressing the main motion. These motions takeprecedence over the main motion and,ifproperly made and seconded, must bedisposedofbefore the main motion can be acted upon. The following motions are appropriate and may be made by the chair or any Council or board memberat any appropriate time during the discussionof the main motion. They are listed in order of precedence. The first three subsidiary motions are non-debatable; thelast four are debatable.SUBSIDIARY MOTIONS:
on the Table. Any member may move to lay the matter underdiscussion on the table. The motion temporarily suspends any further discussion or the pending motion without setting a time certain to resumedebate.Itmust be moved and seconded and passed by a majority vote.Tobring the matter back before the body, a member must move that the matter be taken from the table, seconded, and passed by a majority.A motion to take from the table must be made at the same meeting atwhich it was placed on the table or at the next regular meeting of thebody; otherwise, the motion that was tabled dies, although, it can beraised later as a new motion.Move Previous Question. Any member may move to immediately bringthe question being debated to a vote, suspending any further debate. The motion must be made and seconded without interrupting one whoalready has the floor.Atwo-thirds vote isrequiredfor passage.Limit or Extend Limits of Debate. Any member may move to put limits on or extend the length of debate. The motion must be made and secondedand requires a two-thirds vote to pass.Postoone to a Time Certain. Any member may move to postpone thepending motion toatimecertain. This motion continues the pendingmain motion to a future date as determined by the Council or board at thetime the motion is passed. The motion must be seconded and requires amajorityvote for passage.Commit or Refer. Any member may move that the matter beingdiscussed should be referred to a committee, commission, or staff for further study. The motion must be seconded and requires a majority vote for passage. The motion may contain directions for the committee orcommission, as well as a date upon which the matter will be returnedtothe Council or board's agenda. Ifno date is set for returning the item tothe Council or board's agenda, any member may move, at any time, torequire the item be returned to the agenda. The motion must beseconded and a majority vote is required for passage if the item is to come back at a future date certain, or a two-thirds vote if the item is to beimmediately discussed by the Council or board at the time the motion toreturn is made.
2.3 .4.5.2 53
6. Any member may amend the main motion or any amendmentmade to the main motion. Before the main motion may be acted upon, allamendments and amendments to amendments must first be acted upon.Amotion to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main motion oramendmenttowhich it is directed. Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may besodeclared by the chair.7.Postpone Indefinitely. Any member may move to postpone indefinitely the motion on the floor, thus avoiding a direct vote on the pending motionand suspending any further action on the matter. The motion must beseconded and requires a majority vote for passage.F.Motionsof Privileae. Order. and Convenience.The following actions by the Council or board are to insure orderly conduct ofmeetings and for the convenience of the members. These motions takeprecedence over any pending main or subsidiary motion and may or may not bedebated as noted.
Call for Orders of the
Any member may demand that the agenda be followed in the order stated therein.Nosecond is required and the chairmust comply unless the Council or board, by majority vote, sets aside the orders of the day.Question of Privileae. Any member, at any time during the meeting, maymake a request of the chair to accommodate the needs of the body or personal needs for such things as reducing noise, adjusting airconditioning, ventilation, lighting, etc. Admissibility of question is ruled onby the chair.3.Recess. Any member may move for a recess. The motion must be seconded and a majority vote is required for passage. The motion isdebatable.
Any member may move to adjourn at any time, even
there isbusiness pending. The motion must be seconded and a majority vote isrequired for passage. The motion is not debatable.Point of Order. Any member may require the chair to enforce the rules ofthe Council or board by raising a point of order. The point of order shall be ruled upon by the chair.
Should any member be dissatisfied with a ruling from the chair, may move to appeal the ruling to the full Council or board. The motion must be seconded to putitbefore the Council or board. A majority vote in the negative or a tie vote sustains the ruling of the chair. The motion is debatable and the chair may participate in the debate. 2 .4.5.6.3 54
7 .
the Rules. Any member may
to suspend the rulesifnecessary to accomplish a matter that would otherwise violate the rules.The motion requires a second and a two-thirds vote is required forpassage.Division of Question. Any member may move to divide the subject matterof a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances orresolutions.9.Reconsider. Except for votes regarding matters which are quasi-judicialin nature or matters which require a noticed public hearing, the Council orboard may reconsider any vote taken at the same session, but no laterthan the same or next regular meeting, to correct inadvertent orprecipitant errors, or consider new information not available at the time ofthe vote. The motion to reconsider must be made by a member whovoted on the prevailing side, must be seconded, and requires a majority vote for passage, regardless of the vote required to adopt the motionbeing reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pendingmatters and any special voting requirements related thereto still apply.Except pursuant to a motion to reconsider, once a matter has beendetermined and voted upon, the same matter cannot be brought up againat the same meeting.Rescind, orAnnul. The Council or board may rescind, repeal, orannul any prior action taken with reference to any legislative matter solong as the action to rescind, repeal, or annul complies withallthe rulesapplicable to the initial adoption, including any special voting or noticerequirements or unless otherwise specified by law.
8. 10.G.Authoritv of the Chair.Subjecttoappeal,thechairshallbethe chiefparliamentarian,ruleonpointsoforder,and shall have the authority to prevent themisuseofthe legitimate form ofmotions,orthe abuse of privilegeofrenewing certain motions, to obstruct thebusiness of the Council or board by ruling such motions out of order. Insoruling,the chair shall be courteous and fair and should presume that the moving party ismakingthe motion in good faith.H. Public Hearinas.Matters which are required to be heard at anoticed public hearing shall beconducted in the following manner.
Time for Consideration. Matters noticed to be heard by the Council orboard shall commence at the time specified in the notice hearing, or assoon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.4 55
2.Continuance of Hearinas. Any hearing being held or noticed or orderedto be held by the Council or board at any meeting may, by order or noticeof continuance, be continued or re-continued to any subsequent meeting inthe manner provided herein for adjourned meetings; provided, thatifthe hearing is continued to a time less than 24hours after the timespecified in the order or notice of hearing, a copy of the order or notice ofcontinuance of hearing shall be posted following the meetingat which the order or notice of continuance was adopted or made.Public Discussion at Hearinas. When a matter for public hearing comes before the body, the chair shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the chair shall inquire if there are any personspresent who desire to speak on the matter which isto be heard or topresent evidence respecting the matter. Any person desiring to speak orpresent evidence shall make presence known to the chair and upon being recognized by the chair, the person may speak or presentevidence relevant to the matter being heard. No person may speak without first being recognized by the chair. Members who wish to askquestions of the speakers or each other during the public hearing portion, may dosobut only after first being recognized by the chair. The chair shall conduct the meeting in such a manner as to afford due process. Time limits may be established by the chair, limiting the duration ofpresentations as set forth in these rules.All persons interested in the matter being heard shall be entitled to submitwritten evidence or remarks, as well as other graphic evidence. All suchevidence presented shall be retained by the City Clerk or secretary of theboard as part of the record.Noperson shall be permitted during thehearing to speak about matters or present evidence which are notgermane to the matter being considered.Adetermination of relevanceshall be made by the chair, but may be appealed as set forth in these rules.Consideration of Question bv Council or Board. After all members of thepublicdesiringtospeak upont h esubjectofthe hearing have been givenan opportunity to doso,the public hearing shall be closed by the chair,and the body may consider what disposition they wish to make of thequestion or questions presented at the hearing.Nomember of the publicshall be allowed, without consent of the chair, to speak further on the question during this period ofdeliberation: although, the members mayask questions of the speakersifsodesired. At the conclusion ofdiscussion and appropriate motion having been made and seconded, thebody shall vote on the matter. 3 .
4. New Business: Introduction.During Council meetings, no new business on the agenda (except closed sessions) shall be considered after 11:00 without two-thirds vote of theCouncil. Any new business remaining on the agenda shall be carried over to the next regular Council meeting.5 56 57 58
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J.Quorum:
Two-Thirds Vote: Determination. As used in this resolution or in the application of Lodi Municipal Code Chapter2.04,the following definitions shall apply:
"Quorum"shall mean a simple majority ofthe total number of all personson such body. "Majority"shall mean the majorityofmembers actually present at ameeting."Two-thirds vote"shall mean two-thirds vote of the members actually present, rounded up or to the next numberifless than a whole person.Two-thirdsoffourmembers shall be three members: two-thirds of fivemembers shall be four members: etc. 2 .3.K.The City Attorney shall review the City Council Agenda priortoits distributiontoCouncil and note all Quasi Judicial items thereon. When the City Council orcommission acts in an adjudicatory or quasi-judicial capacity, each member must disclose on the record the nature and substance of any ex partecommunications relating to the matter; and(2)provide interested parties full andfair opportunity to rebut or explain the information obtained from thosecommunications.SECTION2.This Resolution shall become effective immediately.Dated: February15,2006 Ihereby certify that Resolution No.2006-31was passed and adopted by the City Council of the City of Lodiina regular meeting held February15,2006,by the following vote:AYES:COUNCIL MEMBERS -Beckman, Hansen, Johnson, Mounce, and Mayor BeckmanNOES: COUNCIL MEMBERS -NoneABSENT: COUNCIL MEMBERS -NoneABSTAIN: COUNCIL MEMBERS -None SUSANJ.BLACKSTONCity Clerk 2 0 0 6-3 16 61
RESOLUTION NO. 2009-146The Lodi City Council (“the Council”) is an elected legislative and deliberativepublic body, serving the citizens of Lodi, California, and after hearing makes thefollowing findings:WHEREAS, the Council wishes to maintain a tradition of solemnizing itsproceedings by allowing for a pluralistic call to civic responsibility according to the faiths or beliefs of Lodi’s citizens (the “Invocation”) before each meeting, for the benefit of theCouncil; and WHEREAS, the Council now desires to adopt this formal, written policy to clarifyand codify its Invocation practices and amend the Council Protocol Manual adopted byResolution No. 2006-45 accordingly; and WHEREAS, in Marshv.Chambers, 463 U.S. 783 the United StatesSupreme Court rejected a challenge to the Nebraska Legislature’s practice of openingeach day of its sessions with aprayer by a chaplain paid with taxpayer dollars, andspecifically concluded, “The opening sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country. From colonial times through the founding of the Republic and ever since, the practice o flegislative prayer has coexisted with the principles of disestablishment and religiousfreedom.” Id., at 786; andWHEREAS, the United States Supreme Court has determined, “The content of[such] prayer is not of concern to judges where...there is no indication that the prayeropportunity has been exploited to proselytize or advance any one, or to disparage anyother, faith or belief.” Marsh, 463 U.S.at 794-795. Thus, Marshfocuses on exploitationof the prayer opportunity and efforts, direct or not, to proselytize; to promote or sell a particular religion; and WHEREAS, in Simpson ChesterfieldCounty
o fSupervisors, 404
276
Cir.
denied, the United States Court of Appeals for the Fourth Circuit reviewed and specifically approved as constitutional the prayer policy ofa county board,and made a number of findings about the policy; andWHEREAS, the Council acknowledges the general guidance provided by theFourth Circuit‘s findingsinSimpson,includingthe fact that the policy there: (1)Allowed for invocations for the benefit of the legislative body itself “ratherthan for the individual leading the invocation or for those who might also be present,” Id.,at 284; and (2)Established a practice in which various clergy in the county’s religious community were invited on a rotating basis to present invocations before meetings of theboard; at 279; and
EXHIBIT D
62 (3)Thus, “made plain that [the county board] was not affiliated with any one specific faith” by allowing different persons from different religious convictions and backgroundsto offer the invocations. at 286; andWHEREAS, inPelphreyv.Cobb County, Georgia,547 1263, 1271
Cir.
the Eleventh Circuit embarked on a thorough and scholarly examination of theMarshtest for invocations when it affirmed as constitutional the invocation policy of a county commission. Insodoing, the Eleventh Circuit reached very similar findings as tothose of the Fourth Circuit in and the Council finds its findings also provide useful guidance:(I)TheMarshCourt considered several factors to determine whether thelegislative prayers at issue had been exploited to advance one faith in violation of the Establishment Clause-the Court weighed the chaplain’s religious affiliation, his tenure before the legislative body, and the overall nature of his prayers.Marsh,463U.S.at792-95. The “nonsectarian” nature of a chaplain’s prayers is but one factor in this fact-intensive analysis and it does not form the basis for a bright-line rule.Pelphrey,547 at 1271; and(2)An invocation policy which results in prayers from speakers from a widecross section of a municipality’s religious leaders leaders of Christian, Jewish,Muslim and Unitarian faiths), and which allows prayers that include specific references from each of the various faiths, does not advance, proselytize or disparage anyparticular religious faith. at 1277-1 278; andWHEREAS, the Council notes that the Ninth Circuit, in an unpublished decision, has also acknowledged that a policy for invocations that, “as is traditional in Congress, among leaders of different faiths, sects, and denominations” may passconstitutional muster due to the fact that such a policy does not proselytize or disparageany particular religious belief.Bacus Verde Unified School District Boardo fEducation,52
355, 356 (9th Cir.2002); andWHEREAS, the Council acknowledges the decision of California Second District Court of Appeal inRubinv.Cityo fBurbank, 1194
which foundillegal an invocation policy that allowed references to particular faiths. However, theCouncil believes theRubinholding does not apply to the policy set forth herein because:(1)TheRubinpolicy was not open to all religious groups within the City ofBurbank; and(2)TheRubinpolicy was not open to groups; and (3)association; andAppearances under the Rubinpolicy were controlled by a pastoral (4)TheRubinInvocationwas given during the Council meeting; WHEREAS, invocations consistent with the policy adopted herein are currentlyoffered before the United States House of Representatives, United States Senate, andthe California Senate; and WHEREAS, the Council intends and has intended in past practice, to adopt apolicy that does not proselytize, advance or disparage any particular faith or religious 63 belief or show any purposeful preferenceofone religious view to the exclusion of others;andWHEREAS, the Council recognizes its constitutional duty to interpret, construe,and amend its policies and ordinances to comply with constitutional requirements asthey are announced; and WHEREAS, the Council accepts as binding the applicability ofgeneral principles of law and all the rights and obligations afforded under the United State Constitution andthe Constitution of the State of California.NOW,THEREFORE, BEIT by the Lodi City Council that the Councilhereby adopts the following written policy regarding legislative invocations beforemeetingsofthe Council, to wit:1. order to solemnize proceedings of the Council, it is the policy of theCouncil to allow for a legislative invocation (the “Invocation”) to be offered before its meetings for the benefit of the Council. The Invocation shall be given in the mannerofa“Call to Civic Responsibility” encouraging the Council to consider the City’s business with open minds and make just, wise and compassionate decisions. 2.The Invocation shall occur at prior to the opening and noticed start timeofthe Council’s meeting and shall be listed on the agenda. 3.Nomember or employeeofthe Council or any other person in attendanceat the meeting shall be required to participateinany Invocation that is offered.4 .The Invocation shall be voluntarily delivered by an eligible person asdetailed below. To ensure that such person (the “Invocation Speaker”) is selected from among a wide pool on a rotating basis, the Invocation Speaker shall be selectedaccording to the following procedure:a.The City Clerk (the “Clerk”) shall compile and maintain a database(the “Invocation List”) of the religious congregations and seculargroups with an established presence within and around the City ofLodi.b.The Invocation List shall be compiled by referencing the listing for“churches,” “congregations,” or other religious assemblies andnonprofit civic groups in the annual Yellow Page phone published for the City of Lodi, research from the Internet, and consultation with local ChambersofCommerce.Allreligious andsecular groups with an established presence in the localcommunity of Lodi including Lodi citizens who must leave Lodi toattend a house of worship are eligible to be included in theInvocation List.Any such group not otherwise identified forparticipation may request its inclusion by specific writtencommunication to the Clerk.c.This policy is intended to be and shall be applied in a way that isall-inclusive of every diverse religious and secular group withinand around the CityofLodi. The Invocation List is to be compiledand used for purposes of logistics, efficiency and equal opportunity for all who may choose to participate in the Invocation. 64 5 .6 .7.8 .9 .10.
d. The Invocation List shall also include the name and contactinformation of any chaplain who may serve one or more of the firedepartments or law enforcement agencies of the City of Lodi.e. The Invocation List shall be updated annually, by reasonableefforts of the Clerk.f. Within thirty (30)days of the effective dateofthis policy, and annually each calendar year thereafter, the Clerk shall mail aninvitation addressed to each group listed on the Invocation List, aswell as to the individual chaplains included on the Invocation List. g.Respondents to the invitation letter shall be scheduled on a come, first-serve basis to deliver the Invocation.No Invocation Speaker shall receive compensation for his or her service. The Clerk shall make every reasonable effort to ensure that the eligibleInvocation Speakers that are scheduled to give the Invocation before the Council meetings represent a variety of view points from within andaround the City of Lodi. In any event, no Invocation Speaker shall be scheduled to offer an Invocation at consecutive meetings of the Council,or at more thantwo(2)Council meetings in any calendar year. Neither the Council nor the Clerk shall engage in any prior inquiry, reviewof, or involvement-in, the content of any Invocation. Moreover, theInvocation may be given in a manner that respectfully references the faithor beliefs of the Invocation Speaker. However, no Invocation Speakershall give an Invocation that seeks to:
convert those present to aparticular religious belief or seeks to demean a particular religious belief or lack thereof;2)advocates a political agenda; or3)asserts the accuracy, inaccuracy, or primacy of any religious belief or lack thereof. InvocationSpeakers who violate this policy shall be permanently removedfrom the Invocation List and their Invocation may be interrupted andterminated by the Mayor.Shortly before the opening gavel that officially begins the meeting and the of the public, the Mayor shall introduce the Invocation Speaker, and invite only those who wish to dosoto stand for thoseobservances given for the benefit of the Council. the event that the Invocation Speaker does not or cannot appear asscheduled, or in the event that no Invocation Speaker has volunteered orbeen scheduled for a particular Council meeting, shortly before the opening gavel that officially begins the meeting and the of the public, the Mayor shall announce a moment of silence for individualreflection; and invite only those who wish to dosoto stand for thoseobservances given for the benefit of the Council.This policy is not intended, and shall not be implemented or construed inany way, to affiliate the Council with, nor express the Council’s preferencefor or against, any faith or religious denomination, belief, affiliation or lackthereof. Rather, this policy is intended to acknowledge and express the, 65 Council’s respect for the diversity of religious and non-religious thoughtrepresented and practiced among the citizens within and around the Cityof Lodi.1I.To clarify the Council’s intentions, as stated herein above, the followingdisclaimer shall be included in at least point font under the InvocationAgenda Item:“Invocations may be offered by any of the various religious and non-religious organizations within and around the City of Lodi. Invocations are voluntary offerings of private citizens, to and for the benefit of the Council.The views or beliefs expressed by the Invocation Speaker have not beenpreviously reviewed or approved by the Council, and the Council does notendorse the beliefs or views of any Invocation Speaker or religiousorganization.”NOW,THEREFORE, BEITFURTHER RESOLVED that this policy shall becomeeffective immediately. Ihereby certify that Resolution No. 2009-146was passed and adopted by the City Council of the City of Lodi in a regular meeting held October21, 2009,by thefollowing vote: AYES:COUNCIL MEMBERS -Hitchcock, Johnson, Katzakian, Mounce,and Mayor HansenNOES: COUNCIL MEMBERS-NoneABSENT: COUNCIL MEMBERS-NoneABSTAIN: COUNCIL MEMBERS -None MayorCity Clerk 2009-146
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