Agenda — Marina City Council, July 7, 2026 (part 3 of 4)

At this time, County staff cannot support the replacement signage project as proposed unless such modifications are made to the plans.

Revised Proposal

Following outreach from City staff, the sign permit applicant revised the proposed signage design, then presenting two potential designs, as follows:

Option 1
3 Option 2

Preliminary Approval by County

Coordination with County staff has determined that the proposed scope of work included in Option 1 would conform to applicable County regulations, and County staff have preliminarily approved the applicant’s most recent Planning permit application, pending authorization by the City.

Proposed Change in Signage

In conjunction with new signage proposed , the City Attorney has confirmed that the lease in place mandates that tenant AJ Petroleum obtain approval from the City for the new signage from Shell Oil to Gulf Oil, which approval shall not be unreasonably withheld. As set forth above, the lease authorizes the City Manager to consent to the changes in proposed signage . However, in the interest of transparency and the interest in the property at issue, staff has brought this matter for City Council for review and decision. Staff recommend that the City Council authorize such approval.

ENVIROMENTAL REVIEW
None of the following, includin g 1) authorization of application for submittal of new signage at an extraterritorial City-owned site, or 2) approval of new signage for an existing store subject to a lease held by an existing tenant at a City -owned property does not constitute a project subject to provisions of the California Environmental Quality Act and further subject to the commonsense exemption found in section 15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT
None.

CONCLUSION
City staff recommend that the City Council grant auth orization for submittal of the application for new signage to the County of Monterey and approve the change in signage of the existing fueling station from Shell Oil to Gulf Oil as presented in Option 1 , fostering enhancement in utility and aesthetics of the City-owned site.

Respectfully submitted

Tim Maier, AICP
Planning Services Manager
City of Marina

REVIEWED/CONCUR:

_______________________________
Layne Long
City Manager
City of Marina

4 RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AUTHORIZING 1) SUBMITTAL OF AN APPLICATION FOR INSTALLATION OF NEW SIGNAGE, 2) APPROVAL OF CHANGE IN SIGNAGE AT THE EXISTING CITY-OWNED SITE AT 2700 IMJIN PARKWAY AND FIND UING THAT THIS ACTION IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B(3) OF THE CEQA GUIDELINES.

WHEREAS, on June 2, 2026, applicant Maria Valenzuela of AA Signs, Inc. submitted to the County of Monterey an application for proposed installation of new signage at the extraterritorial City-owned lot leased by AJ Petroleum located at 2700 Imjin Parkway; and

WHEREAS, the subject application requires review by the County of Monterey as responsible jurisdictional authority for review of said sign permit application; and

WHEREAS, the proposed signage design as submitted, based on feedback from County of Monterey staff, conforms to relevant regulations of the County of Monterey allowing for application approval; and

WHEREAS, in conjunction with new signage proposed, t the existing lease in force requires that AJ Petroleum , tenant of the subject City -owned site, must obtain approval from the City to install new signage (from Shell Oil to Gulf Oil), which approval must not be unreasonably withheld; and

WHEREAS, Section 20.6 of the Lease authorizes the City Manager to give such consent on behalf of the Lessor, but out of an abundance of caution and in the interest of transparency, staff has brought the matter to the City Council for review, and approval of, proposed signage design and application submittal.

NOW THEREFORE BE IS RESOLVED that the City Council of the City of Marina does hereby:

1. Authorize submittal of an application to the County of Monterey for installation of new signage at the subject site; and

2. Approve proposed new signage of the subject site , subject to meeting the County of Monterey’s applicable requirements.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7h day of July 2026, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_____________________________
Bruce Delgado, Mayor

ATTEST:

_________________________________
Anita Sharp, Deputy City Clerk
5 April 30, 2026 Item No. 13c
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of July 1, 2026
CITY COUNCIL CONDISER RECIEVING A PRESENTATION ON (1) PAST AMENDMENTS TO THE COUNCIL RULES, (2) POTENTIAL FURTHER
AMENDMENTS AND REFINEMENTS TO SUCH RULES, AND (3)

PROVIDING DIRECTION ON OTHER REFINEMENTS OR
AMENDMENTS TO SUCH RULES.

REQUEST:

It is recommended that the City Council consider (1) receiving a presentation on past amendments to the Council Rules, (2) further amendments and refinements to such Rules; and (3) providing direction to City Attorney and Staff on other refinements or amendments to such Rules.

BACKGROUND
The City Council’s Rules and Procedures for the Conduct of Meetings were originally established by Resolution No. 80 -71 on December 12, 1980, and ha ve been amended multiple times over the decades to address meeting times and agenda ordering, among other issues. Beginning in 2022, the Council undertook a more substantive effort focused on two overarching goals: increasing public engagement and improving meeting efficiency. Council Resolution No. 2023 -68 established the Council’s current Rules and Procedures for the Conduct of the Meetings of the Marina City Council.

See Exhibit A.

Chronology of Amendments
August 16, 2022 — Initial Amendments Presented
At its August 16, 2022 regular meeting, the Council considered a staff report prepared by Interim City Attorney proposing targeted amendments to Resolution No. 80 -71 focused on public engagement and meeting efficiency. The proposed changes addressed Paragraphs 8, 9, 13, and 27 and included a redlined draft agenda as Exhibit B. In summary, the proposals restructured the per- item agenda sequence to place public comment before Council motion and discussion; reframed the minutes function as preparation of “action minutes”; allowed Councilmembers to speak twice on any subject; reduced public comment time from four to three minutes and eliminated the requirement that speakers state their name and address; and updated the agenda template to clarify public hearing procedures and Consent Agenda handling. The item was continued to September 20, 2022, but was not agendized until November 1, 2022. See Exhibit B.

November 1, 2022 — Direction to Staff; Integrated Resolution Ordered At its November 1, 2022 regular meeting, the Council directed staff to prepare an integrated resolution incorporating the following: encouraging written email comments as an alternative to verbal comment; capping general public comment at thirty minutes at the start of meetings with overflow deferred to the end; establishing a one-minute limit for Council comments after a motion; clarifying the scope of permissible technical or clarifying questions prior to public comment; establishing a five -minute per -member speaking limit with no cap on the number of rounds; preserving the per -item agenda sequence for public hearings; prohibiting further comment or discussion after a vote; directing staff to review more efficient use of the Consent Agenda; refining quasi-judicial disclosure language; making AB 1234 reporting more publicly understandable; restricting Consent Agenda pulls to Councilmembers only; directing staff to return with a two-step process for Council for placing items on the agenda; and adding a Land Acknowledgement to all future agendas. See Exhibit C.
1 November 15, 2022 — Resolution 2022-138 Adopted; 5-0
At its November 15, 2022 regular council meeting, the Council considered the integrated rules resolution and adopted Resolution No. 2022-138, which repealed and replaced Resolution No. 80-71 and all prior amendments in their entirety. The resolution incorporated the changes directed on November1: separating Council and Staff Announcements from Public Comment, restructuring the per-item sequence to ensure public comment precedes Council discussion and motions, converting to action minutes, establishing per -member speaking time limits, prohibiting post -vote comment, reducing general public comment to three minutes at the Mayor ’s discretion with a thirty-minute overall cap, and adopting a new agenda template. See Exhibit D.

June 20, 2023 — Resolution 2023-68; Further Amendments Adopted; 5-0 At its June 20, 2023 regular council meeting , the Council considered further amendments to the Council rules and adopted the Resolution No. 2023-6 amending the Rules and Procedures by a unanimous vote, with the following modifications to the staff proposal: the proposed Paragraph 7 amendment addressing Council correspondence was deferred for future consideration; staff was directed to develop a video records retention policy; the public com ment section was revised to clarify that public comment is welcomed by any means not disruptive to the meeting; the adjournment extension mechanism was changed from time-based to item-based; action minutes were required to include the name and topic of discussion; and the Council speaking limit was set at five minutes per member with a non-interruptive timekeeping method to be determined. See Exhibit E.

ANALYSIS:

Based on a review of Council meetings, including application of the Rules as well as specific feedback during such meetings, certain refinements would be helpful to clarify the Rules and formalize such procedures as Council’s two-step process for Council-initiated agenda items. Below is a list of suggested new rules, refinements, and amendments, including to the Agenda Template:

I. Proposed New Rule: Two-Step Council-Initiated Agenda Items

Background
The current Rules and Procedures do not establish a formal process by which individual Councilmembers may place new items on a future agenda. In practice, this gap can result in items being agendized without adequate staff preparation, without a clear statement of purpose, or without the Council as a body having had an opportunity to weigh in on whether the item merits further attention. At the November 1, 2022 meeting, the Council recognized these concerns and directed staff to return with a proposed two-step process for Council-initiated agenda items, with reference to how other cities handle similar requests. A structured two -step process addresses the identified concerns while preserving each Councilmember’s ability to bring matters forward for consideration.

This proposed rule serves three objectives. First, it ensures that staff has adequate notice and context to prepare even a brief summary before an item reaches the Council, avoiding uninformed deliberation. Second, it gives the full Council, rather than a single member, the opportunity to assess whether an item warrants the investment of staff time and resources required for a complete action item report. Third, it creates a consistent, transparent record of how items originate and progress to the agenda, which supports public understanding of the Council’s legislative process.

Proposed Rule Language

Rule 36. Council-Initiated Agenda Items — Two-Step Process.

(a) Step One — Introduction and Direction. A Councilmember who wishes to place a new item on a future agenda shall first submit a written request to the City Manager describing the subject matter, the Councilmember’s proposed objective, and any background information 2 relevant to the request. The City Manager shall place the item on the next available regular meeting agenda under a designated section titled “Council-Initiated Items.” At that meeting, the Councilmember shall briefly introduce the item in no more than three (3) minutes. Staff shall provide a short summary of any known operational, fiscal, or legal considerations. The Council shall then have an opportunity to discuss the item and provide direction to City staff. No final action shall be taken at Step One.

(b) Step Two — Action Item. If the Council, by majority vote, directs staff to return with a full report, staff shall prepare a staff report and place the item on a future agenda as a regular action item in accordance with Paragraph 6 of these Rules. The staff report shall address the Council’s stated objectives, relevant background, options for Council consideration, fiscal impact, and a staff recommendation.

(c) Exceptions. A Councilmember may request that a matter bypass Step One and be placed directly on the agenda as a full action item if: (i) the matter involves a time-sensitive issue that cannot reasonably await the two -step process; (ii) staff has already prepared or possesses sufficient background to support a full report; or (iii) the subject matter has previously been considered by the Council within the prior twelve months. Any such exception shall require the concurrence of the Mayor or, in the Mayor’s absence, the Mayor Pro Tempore.

(d) Written Request Deadline. Written requests under subdivision (a) shall be submitted to the City Manager no later than 12:00 noon on the Wednesday preceding the meeting at which the Councilmember wishes the item to be introduced, consistent with the general agenda submission deadline established in Paragraph 6.

II. Proposed Rule Clarification: Public Comment on Pulled Consent Agenda Items Proposed addition to Rule 8 (Order of Business and Consideration and Sequence of Agenda Items) (Exhibit A):

(d) Public Comment on Consent Agenda Items Pulled for Separate Consideration. Public comment on all Consent Agenda items shall be heard during the general Public Comment period at the outset of the meeting. Any member of the public wishing to comment on a Consent Agenda item must do so at that time. If a Consent Agenda item is subsequently pulled by the Council for separate discussion and consideration, no additional public comment period shall be provided on that item, and Council deliberation shall procee d based upon the public input already received during general Public Comment. Notwithstanding the foregoing, the Council may, by majority vote, allow further public comment on a pulled item where the Council determines that additional input would materially assist its deliberation.

III. Proposed Agenda Template Revision: Standing Item 1.a: Councilmember Remote Attendance Announcements

It is recommended that the agenda template be revised to include a standing agenda item immediately following the Call to Order, designated as Item 1.a, with the following title and form:

1.a. Remote Attendance Announcement(s) by Councilmember(s) — Just Cause or Disability Accommodation (Gov. Code §§ 54953(c), 54953.8.3) Any Councilmember participating in this meeting remotely shall at this time announce the basis for remote attendance. A Councilmember attending remotely for just cause shall briefly identify the applicable just cause ground. A Councilmember attending remotely as a disability accommodation shall confirm participation under Government Code section 54953(c). The Council shall take no vote on remote attendance under either provision. The City Clerk shall record the member’s remote attendance and the stated basis in the minutes. 3 Statutory Background; Effect of SB 707: The prior authority for just cause remote attendance by individual Councilmembers, Assembly Bill 2449, was codified at Government Code section 54953(f) and sunsetted on January 1, 2026. Senate Bill 707, effective January 1, 2026, comprehensively reorganized and expanded the Brown Act’s teleconferencing framework. The just cause and emergency circumstances provisions formerly in section 54953(f) have been relocated and amended in new Government Code section 54953.8.3, and extended through December 31, 2029.

Just Cause Remote Attendance ; Gov. Code § 54953.8.3 : Under the successor provision, a Councilmember may attend a meeting remotely for just cause without triggering the traditional teleconferencing requirements, provided a quorum of the Council is physically present at the meeting location. SB 707 expanded the categories of qualifying just cause to include:

• Childcare or caregiving obligations for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner;
• A contagious illness that prevents in-person attendance; • A physical or mental health condition not separately covered by the disability accommodation provision;
• Travel on official business of the legislative body or another public agency; • The presence of an immunocompromised household or family member; • A physical or family medical emergency; and
• Military service under official written orders for active duty or drill.

Notably, under SB 707 a member invoking just cause is not required to disclose any medical diagnosis or personal medical information beyond identifying the applicable ground.

Unlike the AB 2449 framework, SB 707 does not require a majority vote of the Council to approve a just cause remote attendance request. Instead, the statute requires only that the member ’s remote attendance and the specific just cause basis be recorded in the minutes of the meeting. No advance agenda notice of the remote attendance is required, though the Council may, in its discretion, adopt a practice of requesting advance notice to facilitate orderly meeting management.

Frequency limits apply: a Councilmember may not attend remotely for just cause more than five times per year if the Council meets twice per month.

Disability Accommodation ; Gov. Code § 54953(c) : SB 707 also permanently amended Government Code section 54953 to expressly authorize members of a legislative body with a disability to participate in meetings remotely as a reasonable accommodation under applicable law, including the Americans with Disabilities Act. Remote participation under this provision is treated as in-person attendance for all purposes, including quorum. The member must participate using both audio and video technology unless their disa bility requires an exception. The member must also disclose whether any other adult is present at their remote location and the general nature of that person’s relationship to the member. Because th e basis of this statutory provision is grounded in disability accommodation law rather than the just cause framework, it is not subject to the frequency limits applicable under section 54953.8.3.

Staff and City Attorney can prepare a brief reference sheet for Councilmembers summarizing the qualifying just cause grounds, frequency limits, disclosure requirements, and the distinction between just cause and disability accommodation under SB 707, to accompany adoption of this template change.

4 IV. Proposed Agenda Template Revision: Remote Participation Notice It is recommended that the agenda template also be revised to include the following notice in a prominent location, such as immediately following the meeting access and participation information currently appearing at the top of each agenda:

PLEASE NOTE: IF ALL COUNCILMEMBERS ARE PRESENT IN PERSON,

PUBLIC PARTICIPATION BY ZOOM IS FOR CONVENIENCE ONLY AND IS NOT REQUIRED BY LAW. IF THE ZOOM FEED IS LOST FOR ANY REASON, THE

MEETING MAY BE PAUSED WHILE A FIX IS ATTEMPTED BUT THE MEETING MAY CONTINUE AT THE DISCRETION OF THE PRESIDING OFFICER.

This notice serves to clearly communicate to the public the legal status of remote participation access when all Councilmembers are physically present in Council chambers. Under the Brown Act, the City of Marina is not required to provide teleconference access to the public when members are present in person; remote access, when offered, is a courtesy.1 The notice addresses potential public confusion due to a disruption when technical difficulties interrupt the Zoom feed during an otherwise properly convened in-person meeting. By setting expectations in advance and on the face of the agenda itself, the notice allows the Presiding Member to exercise discretion to continue the meeting without the appearance of disenfranchising the public or acting inconsistently with prior practice. It also reduces pressure on staff to indefinitely delay or adjourn a meeting due to a technical failure that has no legal bearing on the validity of the proceedings.

V. Suggested Refinements Based on Rosenberg’s Rules of Order The City ’s Rules and Procedures reference Robert ’s Rules of Order as the default governing authority ( Exhibit A , Rule 24), but staff reports from the 2022 amendment process cited Rosenberg’s Rules of Order, Exhibit F, as a potential model for structured deliberation. Robert’s Rules of Order is a 714 page manual of parliamentary procedure originally published in the 19 th Century by Henry Robert III. Rosenberg’s Rules, published by the League of California Cities and designed specifically for small deliberative bodies like city councils, offer several refinements worth considering for further improving meeting efficiency. A simple comparison of the two sets rules is attached as Exhibit G.

1. Motion Before Discussion. Rosenberg’s Rules recommend that a motion be placed before the body prior to opening general discussion/deliberations on an agenda item, on the theory that having a concrete motion on the floor helps focus deliberation on a specific proposed action.

The City’s current sequence ( Exhibit A, Rule 8c) places the motion after public comment and Council discussion. The Council could consider clarifying that the Chair may invite a motion immediately after public comment closes and before Council discussion begins, consistent with Rosenberg’s recommended format. Rule 8c can be amended to incorporate this change.

2. Limiting Motions on the Floor. Rosenberg’s Rules establish a practical ceiling of three motions on the floor at any one time, with votes proceeding in reverse order of introduction.

The City’s current Rules ( Rule 14) address motions and precedence but do not set an explicit numerical limit. Adding such a limit would give the Chair clearer authority to manage complex or contentious items and reduce procedural confusion.

1 SB 707: Eligible Legislative Body Requirements Not Applicable: SB 707 introduced new Government Code section 54953.4, which imposes certain mandatory public remote access requirements, including provision of a two -way audiovisual platform and adoption of a written meeting disruption policy, on legislative bodies that qualify as an “eligible legislative body.” Eligibility is determined by population thresholds based on the most recent applicable federal decennial census or qualifying estimate. Based on Marina’s current population, the City does not meet the threshold required to qualify as an eligible legislative body under section 54953.4, and the mandatory public remote access requirements of that provision are therefore not applicable to the City Council. Accordingly, the provision of Zoom access to the public remains a discretionary courtesy rather than a statutory obligation. 5 3. Friendly Amendments. Rosenberg’s Rules recognize the “friendly amendment” as a practical, informal tool that allows motions to be refined during discussion without requiring a formal separate motion to amend — provided both the maker and the seconder of the original motion agree. Council currently uses this tool, but it is not expressly permitted in the Rules and Procedures, Exhibit A. Expressly permitting this practice in the Rules would streamline deliberation on items where minor wording adjustments emerge naturally during Council discussion.

4. Motion to Limit Debate. Rosenberg’s Rules provide for a formal “motion to limit debate” that, if seconded and passed by a two-thirds vote, cuts off further discussion and moves directly to a vote. Adding this mechanism would give the Council a formal parliamentary tool to manage unusually prolonged deliberation on any single item, beyond the existing per-speaker time caps.

If Council desi res, Staff and City Attorn ey can pre pare a brief referenc e sheet for handling of motions, including descriptions of motions not subject to debate.

FISCAL IMPACT
None.

CONCLUSION:

This request is submitted for City Council consideration.

Respectfully submitted,
____________________________
René Alejandro Ortega
City Attorney
City of Marina
REVIEWED/CONUR:
____________________________
Layne Long
City Manager
City of Marina
Attachments:

Exhibit A
– Resolution No. 2023-68, Rules and Procedure s for the Conduct of Meetings of the Marina City Council
Exhibit B
– Staff Report and Resolution No. 2023-, June 20, 2023
Exhibit C – Staff Report, November 15, 2022
Exhibit D – Staff Report and Resolution No. 2022-, November 1, 2022 Exhibit E – Staff Report, August 16, 2022
Exhibit F – Rosenberg’s Rules of Order
Exhibit G – Comparison of Rosenberg’s Rules to Robert’s Rules 2059382.1
6 RESOLUTION NO. 2023-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AMENDING THE RULES AND PROCEDURES FOR THE CONDUCT OF

MEETINGS
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80 -71 Establishing th e Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”);
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90 -09, 91 -17, 92 -30, 94 -15, 98 -03, 99 -01, 2001 -106, 2009-41, 2011 -32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”); WHEREAS, at its meeting on November 15, 2022, the Council approved Resolution 2022-138 authorizing revisions to the Rules and Procedures;
WHEREAS, staff proposes further modifications to Rules and Procedures, as provided in Exhibit A attached hereto, specifically to Paragraph 7 regarding Council Correspondence, Paragraph 8 regarding the Consideration and Sequence of Agenda Items, Paragraph 13 regarding Debate, and new Paragraph 21 regarding Ex Parte Disclosures; and
WHEREAS, amendment of the Rules and Procedures is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit A, RULES AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.

Section 3. Effective Date of Resolution. This Resolution shall take e ffect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 20th day of June 2023, by the following vote:

AYES, COUNCIL MEMBERS: Visscher, McCarthy, Biala, Medina Dirksen, Delgado NOES, COUNCIL MEMBERS: None
ABSENT, COUNCIL MEMBERS: None
ABSTAIN, COUNCIL MEMBERS: None
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk

EXHIBIT A
7 Adopted by Resolution No. 2023-68
~ 1 ~

RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of these Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public involvement in the deliberations of the council be encouraged.

2. Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at such other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

3. Study Sessions. The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at such other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.

4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.

5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be public; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, 8 Adopted by Resolution No. 2023-68
~ 2 ~

for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote.

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 herein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members then present at a meeting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or other necessity for bringing it up stated in open council meeting, may be placed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.

Authority of City Manager. The City Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

8. Order of Business and Consideration and Sequence of Agenda Items. 9 Adopted by Resolution No. 2023-68
~ 3 ~

a) The business of the Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Council and Staff Announcements

8. Public Comment – up to a maximum of three (3) minutes

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports

13. Adjournment

b) The Mayor, at their discretion and subject to majority vote overruling them, may re-arrange agenda items, provided that any items `pulled’ from Item 9, `Consent Agenda’ shall be considered following the last item of Item 11, `Other Council Action Items’.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Council Member with a copy.

10 Adopted by Resolution No. 2023-68
~ 4 ~

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in these Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as they may designate shall verbally restate each question immediately prior to calling for the vote.

Following the vote the City Clerk shall announce whether the question carried or was defeated.

The Presiding Officer in their discretion may publicly explain the effect of a vote for the audience, or may direct a member of the City staff to do so, before proceeding to the next item of business.

c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating their signature which were adopted in their presence, unless they are unavailable, in which case the signature of an alternate Presiding Officer may be used.

d) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council.

13. Rules of Debate.

a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine themselves to the question under debate, avoiding personalities and indecorous language.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member while speaking is called to order, they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, 11 Adopted by Resolution No. 2023-68
~ 5 ~

shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the Council. The Presiding Officer may consult with the City Manager or the City Attorney in connection with determining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate. The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During each round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

14. Ordinances, Resolution and Motions--Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.

Any of the foregoing motions shall be in order at any time the speaker is duly recognized, except when repeated without intervening business or discussion, or if made when the motion to close debate has been adopted or while a vote is being taken.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put pending amendment to a vote, without debate, in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the council
12 Adopted by Resolution No. 2023-68
~ 6 ~

c) Reconsideration. Providing that no intervening rights will be prejudiced, any Council Member who voted with the majority on a question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been acted upon, no other similar motion shall be made without unanimous consent.

15. Voting. Three affirmative votes are required to enact an ordinance or to adopt a resolution or motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt. The majority of a quorum is required to adopt other resolutions or motions.

A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?” If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

16. Failure to Vote. Every Council Member should vote unless disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that they are not voting, their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

19. Changing Vote. A member may change their vote only if they make a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that they are abstaining from voting on a particular matter shall not subsequently be allowed to withdraw their abstention.

20. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any matter shall not remain in their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member 13 Adopted by Resolution No. 2023-68
~ 7 ~

stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

Written ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public.

22. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

23. Protest against Council Action. Any Council Member shall have the right to have the reasons for their dissent from, or protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

24. Rules of Order. Except as otherwise provided in these Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

25. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

26. Ordinances, Resolutions and Contracts.

a) All ordinances Shall be Prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on their own initiative.

b) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager or their authorized representative.

27. Reading of Ordinances and Resolutions. At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further 14 Adopted by Resolution No. 2023-68
~ 8 ~

reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

28. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall, unless time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, limit their remarks to three (3) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof.

b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

29. Rules of Decorum.

a) Council Members. While the Council is in session, the Members must preserve order and decorum, and a Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Member while speaking or refuse to obey the orders of the Presiding Officer.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

c) Persons Addressing the Council. Any person making impertinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.

d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presiding Officer, it shall be the duty of the Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.

15 Adopted by Resolution No. 2023-68
~ 9 ~

30. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.

31. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which require different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard or other matters which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) Council Members shall disclose any ex parte communications.

d) The proponents shall be heard. (Written correspondence shall be summarized by the Clerk.)

e) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

f) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

g) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.

h) The public hearing shall be declared closed.

i) The Council shall discuss and determine the matter.

j) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present facts in rebuttal of the answer given.

a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

33. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, their office becomes vacant and shall be filled by the Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excused for good cause) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

34. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment for completion of a particular item or items, as specified in the motion to extend the time of adjournment.

35. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.

17 May 31, 2023 Item No. 13c
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of June 20, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2023- ,
AMENDING THE CITY’S RULES AND PROCEDURES FOR THE

CONDUCT OF MEETINGS
REQUEST:

It is requested the City Council consider:

1. Adopting Resolution No. 2023- , which further amends the Rules and Procedures for the Conduct of Meetings (EXHIBIT 1).

BACKGROUND:

On December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for setting meetings, order of the agendas, Council debate, and conflicts of interest. Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. At its meeting on November 15, 2022, the Council approved Resolution 2022-138, authorizing revisions to the Rules and Procedures. A link to the staff report can be found at: https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_11152022-377.

DISCUSSION:

The City Council has been successfully implementing the new Rules and Procedures, and some additional changes have been proposed to increase meeting efficiency, and address new concerns.

A. Paragraph 7 – Council Correspondence
From time to time, Council Members have prepared written comments or presentations in regard to meeting agenda items. Providing materials in advance of the meeting would allow City staff the opportunity to make copies, review and/or respond if needed, and ensure any technical difficulties are addressed. Proposed language regarding such a policy is shown in italicized text as follows:

7. Council Correspondence.
c) Council members providing written comments or materials regarding agenda items must provide such materials to the City Clerk no later than 10:00 a.m. the day of the Council meeting.

Council Members must keep in mind that their written comments should not be distributed to other Council Members outside of the public meeting.
1 EXHIBIT B
18 Paragraph 8 - Consideration and Sequence of Agenda Items In November, Council also approved changes to 8 c) regarding the sequence of an agenda item.

Once the agenda item is presented by staff and the applicant/proponent, if any, the matter should be referred to the public for comment. Prior to public comment, the Council agreed that the only questions from Council would be “technical questions” that are imperative to understanding of the presentation and matter before Council, e.g., “Is the contract for two or three years?” or “Is the not-to-exceed amount of $50,000 correct?” All other questions (and discussion) by Council should be deferred until after the public has had the opportunity to provide input. In practice, the questions typically segue into extended discussion prior to soliciting the public comment.

Proposed modifications to the sequence are shown in strike-out text below:
c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote
B. Paragraph 9 – Preparation of the Minutes
Council approved “action” minutes, which is recommended by Robert’s Rules of Order. Action minutes will reduce staff time and effort required to prepare detailed minutes, which are no longer needed given current Council meetings are recorded and available through AMP and YouTube. Paragraph 9 of the Rules was modified accordingly. Council directed staff to come back with guidelines and samples for action minutes. A sample is attached as EXHIBIT 2.

Guidelines can be developed as experience is gained in creating action minutes.

C. Paragraph 13 – Debate
To enhance equitable debate, and manage time more efficiently, Council approved a modification to the Rules to limit the initial comment period by Councilmembers to five (5) minutes. However, Council may have intended the five (5)-minute limit to apply to those Councilmembers participating in additional rounds of discussion. Proposed deletions are noted in strikeout font; proposed additions are in italicized, underlined text:

13. Rules of Debate.
g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During each the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes. 2 19
D. New Rule – Ex Parte Disclosure
Rules regulating disclosure of ex parte communications to decision makers have arisen from concerns regarding fairness and due process rights. An ex parte communication is any material or substantive oral or written communication with a Council Member that is relevant to an adjudicatory or quasi-judicial proceeding (such as a public hearing) that takes place outside of a noticed proceeding open to all parties. The same concerns do not apply with purely legislative proceedings such as adopting an ordinance.

Generally, quasi-judicial proceedings are identified by whether a) the matter requires advance notice and hearing; b) the decision must be based upon specific findings of fact; and c) the decision applies law to specific facts to make a determination of a specific person’s rights or interests.

Ex parte communications include oral and written information, but can also include other input, such as information obtained during a site visit. Non-substantive communications that do not include factual information to influence a Council Member do not violate due process.

Case law makes clear that pre-hearing disclosure of ex parte communications protects the due process rights of the non-present parties to the matter. The disclosure should be complete and detailed. Ex parte communications between the Council’s closure of public hearing and decision should be prohibited, i.e., the decision is delayed to a future meeting for example.

Language could be added to the Rules as a stand-alone rule, following conflicts of interest, and in regards to public hearings.

Proposed additions are shown in italicized text:

21. Ex Parte Communications for Quasi-Judicial Matters. On quasi-judicial matters, Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before Council consideration of the matter. Disclosure shall include the identity of an individual(s) with whom the Council Member had contact, and the nature of the contact. Written ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public. 301. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California that require different procedures
a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard, or other matters which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.
b) The City Manager or appropriate staff member shall give a factual summary of the matter.
c) Council Members shall disclose any ex parte communications. . . .
3 20
CEQA:

Adoption of Resolution 2023- , which amends the City’s Rules and is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

This request is submitted for City Council consideration and potential action.

Respectfully submitted,
Heidi A. Quinn
___________________________
Heidi Quinn
Interim City Attorney
City of Marina
4 21
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AMENDING THE RULES AND PROCEDURES FOR THE CONDUCT OF

MEETINGS
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”);
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107 (collectively, “Amendments”);
WHEREAS, at its meeting on November 15, 2022, the Council approved Resolution 2022-138 authorizing revisions to the Rules and Procedures;
WHEREAS, staff proposes further modifications to Rules and Procedures, as provided in Exhibit A attached hereto, specifically to Paragraph 7 regarding Council Correspondence, Paragra ph 8 regarding the Consideration and Sequence of Agenda Items, Paragraph 13 regarding Debate, and new Paragraph 21 regarding Ex Parte Disclosures; and
WHEREAS, amendment of the Rules and Procedures is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 20th day of June 2023, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk
Exhibit 1
5 22
Adopted by Resolution No. 2023-
~ 1 ~

PROPOSED RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of these Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public invo lvement in the deliberations of the council be encouraged.

2. Regular Meetings. The City Cou ncil shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at su ch other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council.

When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

3. Study Sessions . The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at su ch other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.

4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty -four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the s pecial meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.

5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be publ ic; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

Exhibit A to Resolution
6 23
Adopted by Resolution No. 2023-
~ 2 ~

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o ’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 herein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o ’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members th en present at a mee ting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or o ther necessity for bringing it up state d in open council meeting, may be plac ed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk ’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next r egular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.

b) Authority of City Manager. The City Manager is authorize d to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

c) Council members providing written comments or materials regarding agenda items must provide such materials to the City Clerk no later than 10:0 0 a.m. the day of the Council meeting.

Exhibit A to Resolution
7 24
Adopted by Resolution No. 2023-
~ 3 ~

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Council and Staff Announcements

8. Public Comment – up to a maximum of three (3) minutes

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports

13. Adjournment

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote

10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council , such minutes may be approved w ithout reading if the City Clerk has previously furnished each Council Member with a copy.

Exhibit A to Resolution
8 25
Adopted by Resolution No. 2023-
~ 4 ~

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meeti ngs of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in these Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

Following the vote the City Clerk shall announce whether the question carried or was defeated.

13. Rules of Debate.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, a ddress their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to or der by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member while speaking is called to order, they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

the City Manager or the Ci ty Attorney in connection with deter mining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where th e welfare of the Coun cil is con cerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate . The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate . No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Mem ber desiring to do so shall have spoken. During each round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

14. Ordinances, Resolution and Motions --Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put pending amendment to a vote, without debate, in the inverse order of their introduction before put ting the main question. If the question is decided negatively, the main question and its amendments remain before the council

Exhibit A to Resolution
10 27
Adopted by Resolution No. 2023-
~ 6 ~

After a vote has been announced , and except for comments purs uant to Rule 22, no Council member shall comment or continue to debate the vote.

16. Failure to Vote . Every Council Member should vote unles s disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that they are not voting, their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

20. Disqualification for Conflict of Interest . Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any mat ter shall not remain in their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public.

22. Remarks of Council Member and Synopsis of Debate . A Council Member may request through the Presiding Officer the privilege of having an abstract of their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

23. Protest a gainst Council Action . Any Council Member shall have the right to have the reasons for their dissent from, or protest against, any action of the Council entered in the minutes.

Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

24. Rules of Order . Except as otherwise provided in these Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

25. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to str ictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

26. Ordinances, Resolutions and Contracts.

a) All ordinances Shall be P repared by the City Attor ney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on their own initiative.

b) Prior Approval by Administrative St aff. All ordinances, resolutions and contract documents shall, before presentation to th e Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administra tion by the City Manager or their authorized representative.

27. Reading of Ordinances and Resolutions . At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

28. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall, unless time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, limit their remarks to three (3) minutes, which may be limited at the discretion Exhibit A to Resolution
12 29
Adopted by Resolution No. 2023-
~ 8 ~

of the Mayor depending on time available and the number of speakers . All remarks shall be addressed to the Council as a whole and not to any member thereof.

b) Spokesman for Group of Persons . In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

29. Rules of Decorum.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

c) Persons Addressing the Council . Any person making impe rtinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.

d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of th e Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presi ding Officer, it shall be the duty of th e Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.

Exhibit A to Resolution
13 30
Adopted by Resolution No. 2023-
~ 9 ~

31. Public Hearings . The foll owing rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which req uire different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are pr oponents or opponents who wish to make presentations, how many persons wish to be heard or other matter s which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) Council Members shall disclose any ex parte communications.

d) The proponents shall be h eard. (Written correspondence shall be summarized by the Clerk.)

e) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

f) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

h) The public hearing shall be declared closed.

i) The Council shall discuss and determine the matter.

32. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excuse d for good cause) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

34. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.

35. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a maj ority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.

Exhibit A to Resolution
15 32
Exhibit 2 - Proposed Guidelines for Action Minutes
Action minutes record what is done, not what is said. Detailed minutes of discussion can be subjective and aren’t necessary given meetings are recorded.

Public hearings, Council study sessions and committee meeting minutes may include more detail.

What to Include:
▪ Each main motion and its disposition (passed, failed, referred, postponed, etc.). ▪ Include all points of order, appeals, and the result. If a motion does not receive a second, it need not be noted.
▪ Reasons for the decision can be included in the “whereas” clauses of Resolutions and Ordinances rather than stated on the record.
▪ Amendments to a motion must be tracked but each amendment does not need to be included; rather the final text of the motion can provide, “After discussion and amendment, the following motion was approved . . .”
▪ The final vote must be recorded and indicate how each Council Member voted.

What Doesn’t Need to be Included:
▪ Minor procedural motions such as approving the agenda or calling the question ▪ Withdrawn motions
▪ Written summaries of oral reports.
▪ Detailed public comment. It is sufficient to say that “public comment was provided.” Notes:

A person does not have to have been present at a meeting in participate in approval of the minutes
Minutes should not be approved at a special meeting but held until the next regular meeting.

Approved minutes may be changed at any time using the motion “to amend something previously adopted.” The changes are noted on the minutes being changed, and signed. 16 33
November 9, 2022 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of November 15, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, WHICH
REPEALS AND REPLACES RESOLUTION NO. 80-71, AS AMENDED,

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested the City Council consider:

1. Adopting Resolution No. 2022-, which appeals and replaces Resolution No. 80-71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings (Exhibit 1); and

2. Approving an Agenda format in substantially the same form as Exhibit 2.

BACKGROUND:

On December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures have been amended over the years,1 and govern Council conduct, and include provisions for setting meetings, order of the agendas, Council debate, and conflicts of interest. Council recently directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency.

At its meeting on November 1, 2022, Council approved revisions to the Rules and Procedures and the meeting agenda template, as detailed below, and directed staff to prepare an integrated resolution and agenda template. A link to the November 1, 2022 staff report can be found at:
https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_11012022-374.

DISCUSSION:

Changes to the Rules and Procedures
A. Paragraph 8 - Order of Business and Consideration and Sequence of Agenda Items Council approved changes to the Rules and Procedures, Paragraph 8 a) pertaining to the order of business. “Council and Staff Announcements” have been separated from “Public Comment.” Changes were also made to adjust the numbering, and update the provisions with gender-neutral language (8 b)).

Council also approved changes to 8 c) regarding the sequence of an agenda item. Once the agenda item is presented by staff and the applicant/proponent, if any, the matter should be referred to the public for comment. The only questions posed by Council at this time should be “technical questions” that are imperative to understanding of the presentation and matter before Council, e.g., “Is the contract for two or three years?” or “Is the not-to-exceed amount of $50,000 correct?” All other questions (and discussion) by Council should be deferred until after the public has had the opportunity to provide input.
1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”).
1 EXHIBIT C
34 Once public comment is closed, Council will have “2 bites of the apple” during the “Council Discussion” and “Council Motion and Brief Comment” periods. Council approved a five-minute limitation during the initial round of discussion, which is addressed in Rule 13g). Council also approved a one-minute limitation on a Councilmember’s comment after a motion is made, which is addressed in the Agenda. Modifications are set forth in italicized font; deletions are noted in strikeout font:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of three (3) minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, ‘Consent Agenda’ shall be considered following the last item of ltem 1110, “Other Council Action Items.”

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Discussion

8. Council Motion and Brief Comment (1 minute each)

9. Council Vote

2 35

B. Paragraph 9 - Preparation of the Minutes:

Council approved “action” minutes, which is the guideline of Robert’s Rules of Order.

This will reduce staff time and effort required to prepare detailed minutes, which are no longer needed given current Council meetings are recorded and available through AMP and YouTube.

The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

Council directed staff to come back with guidelines and samples for action minutes.

C. Paragraphs 13 and 15 - Debate:

To enhance equitable debate, and manage time more efficiently, Council approved a modification to limit the initial comment period by Councilmembers to five (5) minutes. Additions are shown in italicized font:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

Council also recommended that after a vote and majority approval on an agenda item, there shall not be continued comment or debate by Council.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

D. Paragraph 27 - Manner of Addressing Council

Paragraph 27 sets forth the allotted time for public comments. Council approved modifications to eliminate the requirement that members of the public provide their names as prerequisite to speaking, and limit public comment to up to three (3) minutes, at the discretion of the Mayor.

Proposed additions are shown in italicized font; deletions are in strikeout font:
3 36

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

Further, as Council re-ordered consideration of agenda items to entertain public comment prior to Council discussion and a motion, the following subsection has also been modified (additions shown in italicized text):

c) After Motion or Close of Public Hearing. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

The Rules and Procedures contain additional non-substantive revisions regarding incorporation of gender neutral language and correction of typographical errors.

Changes to the Agenda

A. Public Comment

Council approved proposed amendments to the current Agenda template in terms of public comments. While public comment is an essential part of local government meetings, the purpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council, or to have general public comment take precedence over items scheduled for action on the agenda. Council approved the following modifications to the Agenda template as shown in Exhibit 2:

▪ Language added to encourage written communications from the public.

▪ Limitation of general public comment at the meeting’s outset to thirty (30) minutes. The Mayor can assess the number of speakers and may continue additional public comment to the end of the meeting.

▪ Limitation of public comment to up to three (3) minutes, at the Mayor’s discretion.

▪ Public comment on the Consent Agenda will be heard under general public comment. In this way, the Consent Agenda may be called, and if no items are pulled by Council, adopted in one motion without additional public comment. Because of the 30-minute limitation, however, members of the public wishing to comment on the Consent Agenda must be given priority during general public comment as their input must be heard prior to Council action on the Consent Agenda items.
▪ The Agenda has been clarified to specify that only Council has discretion to pull a Consent agenda item for discussion.
4 37

B. Other Changes

▪ Added Land Acknowledgement (from Proclamation).

▪ Added notation that Council Member comments after a motion shall be limited to one (1) minute.

▪ Public hearing section clarified to specify a ten (10) minute speaking period for applicants/proponents, if any, and a three (3) minute public comment period.

▪ Clarification of Council Informational Reports to specify reports of attendance at meetings and conferences at City expense, as required by the Brown Act.

FUTURE ITEMS:

Council directed staff to return with a policy for agenda-setting, guidance and samples for Action Minutes, and additional efficiencies for utilization of the Consent Agenda.

CEQA:

Adoption of Resolution 2022- , which repeals and replaces Resolution 80-71 and its Amendments, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

This request is submitted for City Council consideration and potential action.

Respectfully submitted,

Heidi A. Quinn
___________________________
Heidi Quinn
Interim City Attorney
City of Marina

5 38

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA REPEALING AND REPLACING RESOLUTION 80-71, AS AMENDED, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND MEETING EFFICIENCY.

WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90- 09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”); and

WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed changes to the Rules and Procedures regarding public engagement and meeting efficiency; and

WHEREAS, staff proposes modifications to Rules and Procedures Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation of Minutes, Paragraph 13 and 15 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and

WHEREAS, the prior resolution of this Council relating to Council meeting procedures, being Resolution No. 80-71, and its Amendments, are hereby repealed and replaced; and

WHEREAS, amendment of Resolution 80-71 and its Amendments, are not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit 1, RULES

AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.

Section 3. Agenda Template. The Agenda format shall be in substantially the same form as Exhibit 2 attached hereto and incorporated by reference.

Section 4. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 15th day of November 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

_____________________
Anita Sharp, Deputy City Clerk
6 39
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 1 ~

RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of this resolutionthese Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public involvement in the deliberations of the council be encouraged.

for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 hereinbelowherein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members then present at a meeting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or other necessity for bringing it up stated in open council meeting, may be placed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

b) Authority of City Manager. The City Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

8. Order of Business and Consideration and Sequence of Agenda Items.

8 41
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 3 ~

a) The business of the Council shall be taken up for consideration and disposition in the following order (Resolution Nos. 94-15, 99-01, 2011-65 and 2019-107):

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Special Council and Staff Announcements

7.8.and Communications from the Floor -4 Minutes Each Person pursuant to Paragraph 27 a)Public Comment – up to a maximum of three (3) minutes

8.9.Consent Agenda

9.10. Public Hearings

10.11. Other Council Action Items

11.12. Council & Staff Informational Reports

12.13. Adjournment

b) The Mayor, at his/hertheir discretion and subject to majority vote overruling him/herthem, may re-arrange agenda items, provided that any items `pulled’ from Item 89, `Consent Agenda’ shall be considered following the last item of Item 1011, `Other Council Action Items’.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Questions of Staff and Applicant/Proponent*

5. Brief Council Comments and Motion

6.5.Public Comments —4 Minutes Each Person pursuant to Paragraph 27 a)

7.6.Mayor Closes Public Hearing/Public Comments

7. Council Discussion

8. Council Motion and Brief Comment (1 minute each)

8. 9. Council Vote

9 42
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 4 ~

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in this resolutionthese Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as he they may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote the City Clerk shall announce whether the question carried or was defeated. The Presiding Officer in his their discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the City staff to do so, before proceeding to the next item of business.

c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his their signature which were adopted in his their presence, unless he isthey are unavailable, in which case the signature of an alternate Presiding Officer may be used.

13. Rules of Debate.

a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself themselves to the question under debate, avoiding personalities and indecorous language.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address his their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

question by another Council Member. If a Council Member while speaking is called to order, he they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilman Council Member to appeal to the Council. The Presiding Officer may consult with the City Manager or the City Attorney in connection with determining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which his their integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate. The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put 11 44
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 6 ~

pending amendment to a vote, without debate, in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the council

A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?”. If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he they is are not voting, his their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

19. Changing Vote. A member may change his their vote only if he they makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he they are is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his their abstention.

remain in his their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

21. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of his their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

22. Protest against Council Action. Any Council Member shall have the right to have the reasons for his their dissent from, or protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

23. Rules of Order. Except as otherwise provided in this resolutionthese Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

24. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

25. Ordinances, Resolutions and Contracts.

26. Reading of Ordinances and Resolutions. At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

13 46
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 8 ~

27. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his their remarks to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the city staff without the permission of the Presiding Officer.

b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

28. Rules of Decorum.

a) Council Members. While the Council is in session, the members Members must preserve order and decorum, and a member Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member Member while speaking or refuse to obey the orders of the Presiding Officer.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

29. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as he they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.

30. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which require different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, he they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard or other matters which may affect the conduct of the proceedings. He The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) The proponents shall be heard. (Written correspondence shall be summarized by the Clerk.)

d) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

e) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

f) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.

g) The public hearing shall be declared closed.

h) The Council shall discuss and determine the matter.

i) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present facts in rebuttal of the answer given.

31. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine 15 48
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 10 ~

whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

32. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, his their office becomes vacant and shall be filled by the Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excused for good cause by) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

33. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.”

34. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.”

35. Prior Resolution Repealed. The prior resolution of this Council relating to Council meeting procedures, being Resolution No. 76-1, is hereby repealed.

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AGENDA TEMPLATE
DATE 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in a ccordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/

The most effective method of communication with the City Council is by sending an email to If you are unable to participate in real -time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.

EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 2

30919\001\1677819.1: 11922

AGENDA MATERIALS
Agenda materials, staff reports and background information r elated to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet wil l be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

VISION STATEMENT
Marina will grow and mature from a small town bedro om community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self -sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built upon the traditional homelands and villages first inhabited by the Indigenous Peoples of this region - the Esselen and Ohlone/Costanoan, their ancestors and allies - and honors these members of the community, both past and present.

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT:

4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit C orporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property neg otiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand) EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 3

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6. SPECIAL PRESENTATIONS:
a. Presentation #1

7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND

8. COMMUNICATIONS FROM THE FLOORPUBLIC COMMENT: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which that is not on the agenda. Please state your name for the record. This is the appropriate place to comment on items on the Consent Age nda. Action will not be taken on an items that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as perm itted by Government Code Section 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a Comments are limited to a maximum of four three (43) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council .

Whenever possible, written correspondence should be submitted to the Coun cil in advance of the meeting, to provide adequate time for its consideration.

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non-controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, the Council may that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agencyremove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it and will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 4

30919\001\1677819.1: 11922
g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes t o speak on the matter.
a. City Council open a public hearing and consider adopting Resolution No, 2022 -, approving . . .

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that whic h is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four Members of the public may be give n up to three (43) minutes of public commentto speak.

13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.Members of the public may be given up to three (3) minutes to speak.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a question for clarification or make a brief report on his or her own Council reports on meetings and conferences attended ( activities as permitted by Government Gov’t Code Section 54954.253232).

ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Cha mbers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.

___________________________________
EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 5

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ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the fo rmal approval of MINUTES.

City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items and staff reports are public record and are available for pub lic review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during reg ular office hours and in a ‘Supplemental Binder’ at the meeting.

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self -addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at [email protected]
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES N OT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. Rrequests must be made at least 48 hours in advance of the meeting.

EXHIBIT 2
21 54
November 1, 2022 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of November 1, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, AMENDING RESOLUTION NO. 80-71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, amending Resolution No. 80-71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings (Exhibit A);

2. Amending Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items;

3. Amending Paragraph 9 regarding Preparation of the Minutes;

4. Amending Paragraph 13 regarding Debate;

5. Amending Paragraph 27 regarding Manner of Addressing Council; and

6. Approving a new Agenda format in substantially the same form as Exhibit B.

BACKGROUND:

At the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for the setting meetings, order of the agendas, Council debate, and conflicts of interest.

The Rules and Procedures have been amended multiple times over the years – primarily in regard to the order of the agenda and meeting times.1 (Exhibit C.) More recently, the City Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. While this is the present direction, a more comprehensive update can be brought forward to align the Rules and Procedures with the Marina Municipal Code, and incorporate all amendments into one document.

This agenda item was brought to Council for consideration in early August, and continued several times due to more pressing matters. Since August, members of the public and Council have suggested additional areas of potential revision to streamline public meetings.

ANALYSIS:

Elected officials have a large body of work to get through, and it must be accomplished in a reasonable amount of time. A well-organized agenda, appropriate opportunities for public comment and following protocol are all essential to running an effective meeting. 1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107.
1 EXHIIBIT D
55 Public Engagement

Public comment is an essential part of local government meetings. Hearing from the public is a critical part of the Council’s role. Council members need to be in touch with the public and be responsive. That said, the purpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council, or to have general public comment take precedence over items scheduled for action on the agenda.

Time limits on public comment are an important tool for running a meeting of reasonable length, and prioritizing the important discourse while participants are available. General public comment at the meeting’s outset provides an opportunity for members of the public to share their viewpoints with Council on matters of concern. However, extensive general comment, prior to the Council’s deliberation of the agendized action items, can fatigue all participants and diminish the quality of the discourse and decision-making.

It is recommended that the Mayor and Council provide brief factual information to public comment, if necessary and appropriate, but should not enter into a back and forth exchange or call on staff to provide answers on the spot. As a caution, once a third comment or participant is involved, the question/answer can quickly turn into an unagendized discussion. A best practice is for staff to note input or questions and provide responses at a later date, or to place the item on a future agenda.

The City may adopt reasonable regulations for public comment, including time limits. Many public agencies allow up to three minutes, which can be limited if there are many participants or to accommodate a lengthy agenda. The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the Council at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substantially changed. In addition, the City may provide multiple ways for residents to express their views, which can further reduce pressure on meeting time, i.e., by encouraging letters and other written communication.

Staff proposes amendments to the current Agenda template in terms of public comments. (Exhibit B.) It is recommended that public input on the Consent Agenda be heard under general Public Comment. In this way, the Consent Agenda may be called, and if no items are pulled, adopted in one motion. The agenda, in its current form, provides

“. . . any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items.”

The Agenda can be clarified to specify that while members of the public may comment on Consent items before action is taken, it remains within the Council’s discretion as to whether to pull an item. Further, it is also within Council’s discretion as to whether the public comment or question is to be answered by staff or referred to a later date. Additionally, staff proposes to make the Agenda more user-friendly by including only those items brought forward for Council action.

Staff recommends changes to the Rules and Procedures, Paragraph 8 a), to separate Council and Staff Announcements from Public Comment. Subsection b) modifications reflect the new numbering, and update the Rules with gender-neutral language. Proposed additions are set forth in italicized font; deletions are noted in strikeout font:

2 56

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

Paragraph 27 a) of the Rules and Procedures, entitled “Manner of Addressing Council,” sets forth the allotted time for public comments. Proposed modifications consider that members of the public cannot be required to provide their names or other information as prerequisite to speaking, and that the Council has the ability to limit public comment where necessary for meeting efficiency.

Proposed additions are shown in italicized font; deletions are in strikeout font:

27. Addressing the Council

c) After Motion Close of Public Hearing. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

3 57

Structured Discussion

Motion after public comment and prior to Council discussion can help focus Council discourse by identifying the issue to be decided, and make it easier for members of the public to follow the discussion. Accordingly, staff recommends the Council first solicit public input, and then make a motion, followed by Council discussion and a vote. This is the recommended process set forth in Rosenberg’s Rules of Order, which is a simplified version of Robert’s Rules of Order. Not only does this help identify the issue before the Council, but it ensures compliance with the Brown Act, which requires the public be provided an opportunity to speak prior to action being taken.

Paragraph 8 c) of the Rules and Procedures sets forth the procedure for consideration of Agenda Items. The proposed modifications are set forth below (additions shown in italicized font; deletions in strikeout font):

8. Order of Business and Consideration and Sequence of Agenda Items.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Motion and Discussion

8. Council Vote

Paragraph 30 also sets forth rules that apply to Public Hearings, which should be eventually be aligned or consolidated with Paragraph 8. A summary of the public hearing process is included on the draft Agenda.

Paragraph 13 g), “Limitation of Debate” provides, “No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken.” To enhance debate, and manage time more efficiently, some councils have adopted the rule that each person may speak twice on a given subject. This proposed modification is set forth below (additions shown in italicized font):

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

Meeting Preparation

To aid in meeting efficiency, questions of staff should be asked in advance. This saves Council time during the meeting, and for those questions that Council would like to be addressed at the meeting, enables staff to prepare to answer the questions accurately and succinctly. As a result, meetings run more smoothly, Council is provided the information needed for decision-making, and the need to continue items to the next agenda is minimized. 4 58

Minutes

Many public agencies have adopted action minutes, which record what is done at a meeting and not what is said. This is also the guideline of Robert’s Rules of Order, which governs Council conduct. The time and effort required to prepare detailed minutes summarizing what was said, and their subjective nature, are time-consuming and resource intensive and the effort often exceeds the value to the City and to the public. This is not necessary given that Council meetings are recorded and available through AMP and YouTube. The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

Future Topics
Future topics to improve meeting efficiency may include additional training on Council, Commission and staff roles and responsibilities, Robert’s and Rosenberg’s Rules of Order, the Brown Act, and consideration of a Code of Conduct.

CEQA:

Amendment of Resolution 80-71 is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

This request is submitted for City Council consideration and potential action.

Respectfully submitted,

___________________________
Heidi Quinn
Interim City Attorney
City of Marina

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION 80-71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND
MEETING EFFICIENCY.

WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107; and
WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed c hanges to the Rules and Procedures regarding public engagement and meeting efficiency; and
WHEREAS, staff proposes modifications to Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation o f Minutes, Paragraph 13 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and
WHEREAS, amendment of Resolution 80 -71, as amended, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as follows (new language in italics and deleted language in strike-out text):

1. Paragraph 8 of the Rules and Regulations shall be modified as follows:

8. Order of Business and Consideration and Sequence of Agenda Items. a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

EXHIBIT A
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7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, “Consent Agenda” shall be considered following the last item of Item 1110, “Other Council Action Items.”

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Motion and Discussion

8. Council Vote

2. Paragraph 9 of the Rules and Regulations shall be modified as follows:

3. Paragraph 13 of the Rules and Regulations shall be modified as follows:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

4. Paragraph 27 of the Rules and Regulations shall be modified as follows:

27. Addressing the Council

EXHIBIT A
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provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

5. The Agenda format shall be in substantially the same form as Attachment 1 hereto.

Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this ____day of ____________ 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________
Anita Sharp, Deputy City Clerk

EXHIBIT A
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AGENDA TEMPLATE
DATE 5:00
P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Counci
l Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.

AGENDA MATERIALS
Agenda materials, staff reports and background information related to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the

EXHIBIT B
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Agenda for City Council Meeting of DATE Page 2

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City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self-sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable qu ality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

1. CALL TO ORDER

2. ROLL CALL & ESTAB LISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro- Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT:

4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Com missioners, Marina Abrams B Non-Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

6. SPECIAL PRESENTATIONS:
a. Presentation #1

7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND

In order that all interested parties have an opportunity to speak, please limit comments to

EXHIBIT B
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Agenda for City Council Meeting of DATE Page 3

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aComments are limited to a maximum of four three (43) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non-controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, the Council may that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agencyremove an item from the Consent Agend a for individual consideration. If an item is pulled for discussion , it and will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, Council may that item will be remove the itemd from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers XXX– ______, totaling $ b. MINUTES:
(1) DATE, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-, regarding . . . g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None

EXHIBIT B
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11. PUBLIC HEARINGS: For public hearings involving a quasi -judicial determination by the Council, in the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes to speak. In public hearings not involving a quasi -judicial determination by the Council, all persons may be given up to three (3) minutes to speak on the matter.
a. City Council open a public hearing and consider adopting Resolution No, 2022-, approving . . .

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to fourMembers of the public may be give n up to three (43) minutes of public commentto speak.

13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. AB1234 Reports Council and staff opportunity to ask a question for clarification or make a brief report on his or her own activities as permitted by Government Code Section 54954.2.

ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.

___________________________________

EXHIBIT B
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Agenda for City Council Meeting of DATE Page 5

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of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.

ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail:
[email protected]. Rrequests must be made at least 48 hours in advance of the meeting.

EXHIBIT B
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August 12, 2022 Item No. 11d
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 16, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, AMENDING RESOLUTION NO. 80 -71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27 ,

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 202 2-, amending Resolution No. 80 -71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings;

2. Amending Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items;

3. Amending Paragraph 9 regarding Preparation of the Minutes;

4. Amending Paragraph 13 regarding Debate;

5. Amending Paragraph 27 regarding Manner of Addressing Council; and

6. Approving a new Agenda format in substantially the same form as Exhibit B.

BACKGROUND:

At the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80 -71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for the setting meetings, order of the agendas, Council debate, and conflicts of interest.

The Rules and Procedures have been amended multiple times over the years – primarily in regard to the order of the agenda and meeting times .1 (EXHIBIT A.) More recently, the City Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. While this is the present direction, a more comprehensive update can be brought forward to align the Rules and Procedures with the Marina Municipal Code, and incorporate all amendments into one document.

ANALYSIS:

Public Engagement
Public comment is an essential part of local government meetings. Hearing from the public is a critical part o f the Council’s role. Council members need to be in touch with t he public and be responsive. That said, the p urpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council. 1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107.
1 EXHIBIT E
68 Time limits on public comment are an important tool for running a meeting of reasonable length, and prioritizing the important discourse while participants are available. General public comment at the meeting’s outset must be balanced against those members of the public that have come to speak on particular agenda items. Extensive general comment, prior to the Council’s deliberation of agendized action items, can fatigue all participants and diminish the quality of the discourse and decision-making.

It is recommended that the Mayor and Council do not respond to general public comments. The Mayor may provide brief factual information, if appropriate, but should not enter into a back and forth exchange or call on staff to provide answers on the spot. A best practice is for staff to note input or questions and provide responses at a later date, or to place the item on a future agenda.

The City may adopt reasonable regulations for public comment, including time limits. Many public agencies allow up to three minutes, which can be limited if there are many participants or to accommodate a lengthy agenda. The public does not need to be given an opportunity to speak on an item that has alrea dy been considered by a committee made up exclusively of members of the Council at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substanti ally changed. In addition, the City may provide multiple ways for residents to express their views, which can further reduce pressure on meeting time , i.e., by encouraging letters and other written communication.

Staff proposes amendments to the current Agenda template in terms of public comments. (EXHIBIT B.) It is recommended that public input on the Consent Agenda be heard under general Public Comment. In this way, the Consent Agenda may be called, and if no items are pulled, adopted in one motion. Additionally, staff proposes to make the Agenda more user -friendly by including only those items brought forward for Council action.

Staff recommends changes to the Rules and Procedures, Paragraph 8 a), to separate Council and Staff Announcements from Public Comment . Subsection b) modifications reflect the new numbering, and update the Rules with gender -neutral language. Proposed additions are set forth in italicized font; deletions are noted in strikeout font:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Public Comments

4. Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda for Successor Agency (If any)

10. Consent Agenda

11. Public Hearings

12. Other Council Action Items of the Successor Agency

13. Other Action Items:

14. Council & Staff Informational Reports – no action taken, no public comment

15. Adjournment
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b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, ‘Consent Agenda’ shall be considered following the last item of ltem 1110, “Other Council Action Items.”

Proposed additions are shown in italicized font; deletions are in strikeout font:

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organizat ion or other persons, and, unless further time is otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

c) After Motion Close of Public Hearing . After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

Structured Discussion

Motion after public comment and prior to Council discussion can help focus Council discourse by identifying the issue to be decided. Accordingly, staff recommends the Council first solicit public input, and then make a motion , followed by Council discussion and a vote . This is the recommended process set forth in Rosenberg’s Rules of Order, which is a simplified version of Robert’s Rules of Order. Not only does this help identify the issue before the Council, but it ensures compliance with the Brown Act, which requires the public be provided an opportunity to speak prior to action being taken.

Paragraph 8 c) of the Rules and Procedures sets forth the procedure for consideration of Agenda Items. The proposed modifications are set forth below ( additions shown in italicized font; deletions in strikeout font):

8. Order of Business and Consideration and Sequence of Agenda Items.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments
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7. Council Motion and Discussion

8. Council Vote

A summary of the public hearing process is also included on the draft Agenda.

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

Meeting Preparation

To aid in meeting efficiency, questions of staff should be asked in advance. This saves Council time during the meeting, and for those questions that must be addressed at the meeting, enables staff to prepare to answer the questions accurately and succinctly. As a result, meetings run more smoothly, Council is p rovided the information needed for decision -making, and the need to continue items to the next agenda is minimized.

Minutes

Many public agencies have adopted action minutes, which record what is done at a meeting and not what is said. This is also the g uideline of Robert’s Rules of Order, which governs Council conduct. The time and effort required to prepare detailed minutes summarizing what was said , and their subjective nature, are time-consuming and the effort often exceeds the value to the City and to the public. This is not necessary given that Council meetings are recorded and available through AMP and YouTube. The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

9. Preparation of Minutes . The City Cl erk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

CEQA:

Amendment of Resolution 80-71 is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

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CONCLUSION:

This request is submitted for City Council consideration and potential action.

Respectfully submitted,

___________________________
Heidi Quinn
Interim City Attorney
City of Marina

Attachments:

Exhibit A: Rules and Procedures, and Amendments
Exhibit B: Redlined and Integrated draft Agendas

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING RESOLUTION 80-71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND MEETING EFFICIENCY.

WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107; and

WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed c hanges to the Rules and Procedures regarding public engagement and meeting efficiency; and

WHEREAS, staff proposes modifications to Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation o f Minutes, Paragraph 13 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and

WHEREAS, amendment of Resolution 80-71, as amended, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as follows (new language in italics and deleted language in strike-out text):

1. Paragraph 8 of the Rules and Regulations shall be modified as follows:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Public Comments

4. Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda for Successor Agency (If any)

10. Consent Agenda

11. Public Hearings

12. Other Council Action Items of the Successor Agency

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Resolution No. 2022-
Page Two

13. Other Action Items:

14. Council & Staff Informational Reports – no action taken, no public comment

15. Adjournment

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Motion and Discussion

8. Council Vote

2. Paragraph 9 of the Rules and Regulations shall be modified as follows:

3. Paragraph 13 of the Rules and Regulations shall be modified as follows:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

4. Paragraph 27 of the Rules and Regulations shall be modified as follows:

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is otherwise specifically p rovided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be a sked a Council Member or a member of the City staff without the permission of the Presiding Officer.

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Resolution No. 2022-
Page Three

c) After Motion Close of Public Hearing . After a motion has been made or a public hearing has been closed, no member of the public shall address the Counc il from the audience on the matter under consideration without first securing permission to do so by the City Council.

5. The Agenda format shall be in substantially the same form as Attachment 1 hereto.

Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 16th day of August 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________
Anita Sharp, Deputy City Clerk

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1 RESOLUTION NO. 80- 71
A 'RESOLUTION ESTABLISHING RULES AND PROCEDURES FOR2
3 THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL 4 -oOo-
5 WHEREAS, in order to provide for continuity of responsibility 6 and to provide sufficient time and opportunity for full cons id er a" 7 8
orderly and expeditious conduct of council meetings, it is necessary9 10 and appropriate to adopt the following rules and procedures relat- 11 ing to the conduct of such meetings.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 13 of Marina, as follows:

The purpose of this resolution is to establish14 1. Purpose. s
the procedure for the presentation and determination of matters15 16 coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the17 public is fully informed of the matters coming before the City18 - Council and has an opportunity to witness the deliberations of the19 members thereof in the conduct of public business, and that proper20 public involvement in the deliberations of -the council be encourage!.21 The City Council shall hold regular22 2.
23 of 7:30 o’clock p.m. in the Council Chamber of the City Hall, 21124 Hillcrest Avenue in the City, or in such other place within the25 city limits to which said meeting may be adjourned.26 If by reason flood or other emergency it shall be unsafe to meet inxthe27 of fire, City Hall, the meetings may be held for the duration of the emer-28 tion and public discussion of important issues which the City Council must review and decide, and in order to provide for the I
I
1 Regular Meetings .
meetings on the first and third Tuesdays of each month at the hour

EXHIBIT A
9 76
1 2
When the3
4 5 at the same hour on the following business day.
6 3. Study Sessions.
7 8 of 7:00 -o’clock p.m. in the Council Chamber of the City Hall, or at 9 such other place as may be determined by the Council , for the pur- 10 pose of hearing reports from the staff and reviewing, discussing 11 Such sessions shall
12 be
13 14 shall be deemed to prevent the taking of an informal vote on any 15 matter under discussion. The participation of the public in such i
16 sessions shall be subject to the discretion of the presiding office 17 Special Meetings.4.
18 19 delivering personally or by mail written notice to each Council 20 Member and to each local newspaper of general circulation, radio or 21 television station requesting notice in writing. Such notice must 22 be delivered personally or by mail at least twenty -four hours before 23 specified in the notice. The call and
24 notice shall specify the time and place of the speical meeting and 25 the business to be transacted. No other business shall be consider 26 ed at such meetings. Such written notice may be dispensed with as 27 28
Such
-2-
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i
to any Council Member who at or prior to the time the meeting con venes files with the City Clerk a written waiver of notice. gency at such other place as is designated by the Mayor should fail to act, by three members of the City Council, day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held Special, meetings may be called at any
time by the Mayor, or by three members of the City Council, by open to the public and press.
taken at a. study session; provided, however, that nothing herein and debating matters of interest to the City.

No official action shall be
the time of such meeting as
The City Council shall meet in a study
session on the first and. third Tuesdays, of each month at the hour or, if he

EXHIBIT A
10 77
waiver may be given by telegram.1
2 the meeting at the time it convenes.3

5. Meetings to be Public - Exception for Executive Sessions.4 All regular and special meetings of the City Council shall be public5 6 7
8 9
10 11
12 cussion which took place during said executive session unless the i 13 City Council shall authorize the disclosure of such information by14 majority vote.15
All reports, communications, ordinances, resolu-Agenda.16 6. tions, contract documents or other matters to be submitted to the 17 Council at a regular meeting shall be delivered to the City Clerk18 19 not later than 12:00 o'clock noon on the Wednesday preceding the meeting . The City Clerk shall prepare an agenda of all such20 matters according to the order of business (paragraph 8 hereinbelow) . 21 The agenda shall be delivered or otherwise made available to the22 Council Members on the Friday preceding the Tuesday Council meeting 23 24
later than 10:00 o'clock a.m. on the Monday preceding the meeting.25 All matters shall be considered by the Council in the order listed 26 on the agenda, to the extent of time available; provided, however,27 that the order of the agenda may be changed at -any time by the28 -3-
I
Such written notice may also be
dispensed with as to any Council Member who is actually present at provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in §§54 957-54957.6 of the Government Code of the State of California.

No member of the City Council, employee of the City, or any to which it pertains, and shall be made available to the public no other person present during an executive session of the Council shall disclose to any person the content or substance of any dis-

EXHIBIT A
11 78
unanimous consent of all Council Members -then present at 1 2
3 foregoing policies. No matters other than those on the agenda 4 shall be finally acted upon by the Council; provided, however, that 5 6
7 if not acted upon at the Council meeting at which it is brought up, 8 with an explanation of the emergency other necessity for bring - 9 or
ing it up stated In open council meeting, may be placed upon the 10 agenda by a motion, seconded and carried, and then may be considered 11 and acted upon by the Council.12
Council Correspondence.7.13
Correspondence addressed to
Availability to the Public.a)14
the City Council which is received by the City Clerk or any other 15 officer or employee of the City shall not become a public record 16 until received and filed by the Council at regular, special or 17 a
adjourned meeting of the Council. Correspondence received in the 18 City Clerk's office or other offices after 12:00 o'clock noon on 19 the Wednesday preceding a regular Council meeting shall not be 20 placed on the agenda unless it concerns a matter to be considered 21 by the Council at the next regular meeting or is determined by the 22 Mayor or the City Manager to be an urgent matter which should be 23 Correspondence
24 25
majority vote of the Council.26
Authority of City Manager. The City Manager is authorized b}27
to open and examine all mail or other written communications 28 -4-
i
I
t
brought to the immediate attention of the Council.
shall not be read aloud at a Council meeting unless requested by a a matter deemed to be an emergency by any Council Member, the City a matter which would become moot
a meeting,
completed for lack of time shall
become agenda items at the following meeting in accordance with the Agenda ’items not considered or
Manager or the City Attorney, or

EXHIBIT A
12 79
addressed to the city Council and to give it immediate attention1 to the end that all administrative business referred to in said2 communications and not necessarily requiring Council action may3 be acted upon between Council meetings.4

8. order of Business The business of the Council shall5 0 be taken up for consideration and disposition in the following6 order s7
8 9
10 11
12 13
14 The order of business shall not be changed except by majority15 vote of the City Council .16
The City Clerk shall havePreparation of Minutes.9.17
exclusive responsibility for preparation of the minutes, and any18 directions for changes in the minutes shall be made only by19 majority action of the City Council.20
21 Reading of Minutes. Unless the reading of the minutes10. 22 of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has23 24 previously furnished each Council Member with a copy.

The Mayor shall be the PresidingPresiding Officer.25 11. 26 Officer at all meetings of the City Council. In the absence of 27 In the absencethe Mayor, the Mayor Pro Tempore shall preside. 28 of both the Mayor and Mayor Pro Tempore, the City Clerk shall call -5-
i
j
J

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

Call to Order
Pledge of Allegiance and Invocation.

Roll Call.

Approval of the Minutes.

Communications from Floor Not on Agenda.

Special Presentations (if any) .

Consent Calendar Items „
Public Hearings.

Other Agenda Items - Consideration of
Ordinances and Resolutions
Council and Staff Reports.

Executive Sessions (if any) .

Adj ournment .

EXHIBIT A
13 80
1 2
3 4
5 6 12.
7 Participation-.a)
second (
8 debate and vote from the Chair.

Question to be Stated.b)9 The Presiding Officer or such 10 Follow-
11 12
carried or was defeated.13
may publicly explain the effect of a vote for the audience, or he 14 may direct a member of the City staff to do so, before. proceeding 15 16 to the next item of business
The Presiding Officer shall signS igning of Documents17 c) all ordinances, resolutions, contracts, and other documents neces- 18 sitating his signature which were adopted in his presence, unless 19 he is unavailable, in which case the signature of an alternate 20 Presiding Officer may be used.21
The Presiding Officer may require anySworn Testimony.22 d) person addressing the City Council to be sworn as a witness and to 23 testify under oath, and the Presiding Officer shall so require if 24 directed to do so by a majority vote of the Council.25 Rules’ of Debate.26 13.
a) Every Council Member desiring to
27 28
-6-
I
the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the Powers and Duties of Presiding Officer.

The Presiding Officer may move,
arrival of the Mayor or Mayor Pro Tempore or until adjournment.

Wherever in this resolution the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section. member of the City staff as he may designate shall verbally restate each question immediately prior to calling for the vote. ing the vote the City Clerk shall announce whether the question The Presiding Officer in his discretion
Getting' the Floor.
speak shall first address the Chair, gain recognition by the

EXHIBIT A
14 81
*• . »**£» w* 4%
Presiding Officer, and shall confine himself to the question under1 debate, avoiding personalities and indecorous language.2 b) Questions to staff Every council Member de siring', to3 question the City staff shall f after recognition by the Presiding4 5 6 Attorney, or to such other department head or member 7 Interruptions > A Council Member, once recognized, shall8 not be interrupted when speaking unless called to order by the9 Presiding Officer, unless a point of order or personal privilege10 is raised by another Council Member, or unless the speaker chooses11 If a Council12
13 until the question of order is determined and, if determined to14 Members of the City staff, after15 be in order, may then proceed. recognition by the Presiding Officer, shall hold the floor until16 completion of their remarks or until recognition is withdrawn by17 18 the Presiding Officer.
19 The Presiding Officer shall determined) Points of Order. 20 all points of order subject to the right of any Councilman to 21 The Presiding Officer may consult withappeal to the Council. 22 the City Manager or the City Attorney in connection with deter - 23 24
25 26 sustained? ° A majority vote shall conclusively determine such 27 question of order.
28 Point of Personal Privilege. The right of a Councile) -7-
If an appeal is taken, the ques
tion shall be, "Shall the decision of the Presiding Officer be to yield to a question by another Council Member.

Member while speaking, is called to order, he shall cease speaking staff as may be appropriate,
c)
mining a point of order, or may refer the question involved to either one for determination.

Officer, address his questions to the City Manager, the City of the City

EXHIBIT A
15 82
1 2
motives are questioned or where the welfare of the Council is con- 3 corned. A Council Member raising a point of personal privilege 4 may interrupt another Council Member who has the floor only if the 5 Presiding Officer recognizes the privilege.6
f) Privilege of Closing Debate . The Council Member moving 7 the adoption of an ordinance, resolution or motion shall have the 8 privilege of closing debate.9
Limitation of Debate. Mo Council Member shall be allowedg)10 11 to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. 12 Ordinances, Resolution and Motions — Precedents ,

14.13 When any
ordinance, resolution or motion is properly brought before the 14 Council and seconded by another Council Member, no other action 15 shall be considered except a point of order, or a motion to adjourn 16 to table,17
Such items shall have precedence in the order stated in to amend.18
Points of order shall be ruled upon by the
the preceding sentence.19
Presiding Officer, provided that such ruling may be overridden by 20 a majority of the Council. All of such motions, except motions to 21 amend,22
majority.23
Any of the foregoing motions shall be in order at any time the 24 speaker is duly recognized, except when repeated without interven - 25 ing business or discussion, or if made when the motion to close 26 debate has been adopted or while a vote is being taken.27 If a motion to table (without timeMotion to Table »28 a) -8-
I
i
to table to a certain time, to close debate, to refer or Member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character or shall be put to a vote without debate and decided by a

EXHIBIT A
16 83
1 certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion2 3 to table.

Motion to Close Debate.b)4 When a motion to close debate is duly made and seconded, there shall be no further debate.5 If the 6 question carries, the Presiding Officer shall put pending amendments 7 to a vote, without debate, in the inverse order of their introduce 8 tion before putting the main, question. If the question is decided 9 negatively, the main question and its amendments remain before the 10 council .
11 Providing that no intervening rightsc) Reconsideration . 12 will be prejudiced, any council Member who voted with the majority 13 on a question may move the reconsideration of that question at the 14 same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been actc d15 16 upon, no other similar motion shall be made without unanimous consert. 17 15 . Voting .
18 ordinance or to adopt a resolution or motion granting a franchise oi authorizing the payment or expenditure of money or incurring of a19 i
debt. The majority of a quorum is required to adopt other resolu-20 21 tions or motions . A "majority” refers to a majority of the quorum 22 present.
23 Every ordinance shall be adopted by a roll call vote. All 24 other matters may be referred to a vote unless a roll call is On all matters for which a voice25 requested by any Council Member. ! 26 Objectionsvote is authorized, the Presiding Officer may ask for. 27 to the question?” . If no objection is expressed, the Presiding 28 Officer shall.
i
~9~
Three affirmative votes are required to enact an
"so order," and the minutes shall record a unanimous

EXHIBIT A
17 84
vote in favor.1
roll call vote shall be called in the normal manner.2

16. Failure to Vote. Every Council Member should vote unless3 disqualified by reason of a conflict of interest. A Council Mem-4 ber who abstains from voting in effect consents that a majority of5 the quorum may decide the question voted upon.6

17. Silerice Constitutes Af f irnlative Vo t e . Unless a member7 of the Council states that he is not voting r his silence shall be8 recorded as an affirmative vote.9
Tie Vote.18. Tie votes shall be lost motions and may be10 5reconsidered.11
i
Changing Vote.19. A member may change his vote only if he12 makes a timely request to do so immediately following the announce-13 ment of the vote by the City Clerk and prior to the time that the14 A Council Membernext item in the order of business is taken up-15 16 i
particular matter shall not subsequently be allowed to withdraw17 his abstention.18
Disqualification for Conflict of Interest.20. Any Council19 20 21 reason
Presiding Officer state the nature of such disqualification in22 Where no clearly disqualifying conflict of interestopen meeting.23 • appears, the matter of disqualification may, at the request of the24 Council Member affected, be decided by the other Council Members25 A Council Member who is disqualified byor the City Attorney.36 reason of a conflict in interest in any matter shall not remain in27 his seat during the debate and vote on such matter, but shall28 -10-
Member who is disqualified from voting on a particular matter by of a conflict of interest shall publicly state or have the who publicly announces that he is abstaining from voting on a Xf any Council Member objects to the procedure, a

EXHIBIT A
18 85
* . WTe. K V.*.. -A J ,,.«i.n„‘A*K>V<
1 request and be given the permission of the Presiding Officer to i
2 step down from the Council table. A Council Member stating such 3 disqualification shall not be counted as a part of a quorum and 4 shall be considered absent for the purpose of determining the 5 outcome of any vote on such matter.
6 21. Remarks of Council Member and Synopsis of Debate. A 7 Council Member may request through the Presiding Officer the privilege of having an abstract of his statement on any subject8 under consideration by the Council entered in the minutes.9 If the 10 11 minutes .
12 Any Council Member shall22. Protest Against Cou n c i 1 Action . 13 have the right to have the reasons for his dissent from, or protesi 14 against, any action of the Council entered in the minutes. Such 15 dissent or protest to be entered in the minutes shall be made in 16 the following manner: "I would like the minutes to show that I am 17 Except as otherwise provided in this18 Rules of Order.23. 19 resolution, other rules adopted by the City Council or applicable 20 provisions of State law, the procedures of the Council shall be 21 governed, to the extent applicable, by the latest revised edition 22 of Robert 1s Rules of Order .
23 24. Failure to Observe Rules of Order. Rules adopted to ‘ expedite the transaction of the business of the Council in an24 25 orderly fashion are deemed to be procedural only and the failure 26 to strictly observe 'such rules shall not affect the jurisdiction 27 28 otherwise held in conformity with law.
-11-
i
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I
i
ot the Council or invalidate any action taken at a meeting that is Council consents thereto, such statement shall be entered in the opposed to this action, for the following reasons..."

EXHIBIT A
19 86
»w.

25. Ordinances/ Resolutions and Contracts .1
All ordinances shall be prepared by the City Attorney.a)2 i
No ordinance shall be prepared for presentation to the Council3 unless ordered by4
the Mayor T or city Manager, or prepared by the city Attorney on5 his own initiative. •6
b) All ordinances.7
8 Council, have been approved as to form and legality by the City9 Attorney and shall have been examined and approved for administrate tion by the City Manager or his authorized representative.11 Reading of Ordinances and Resolutions. At the time of26.12 13 t
unless, after the reading of the title thereof, the further reading14 thereof is waived by unanimous consent of the Council Members15 16 present . statement by the
Presiding Officer that "if there is no objection, the further17 reading of the ordinance or resolution shall be waived".18 If any Council Member so requests. the ordinance ox resolution shall be19 read in full.• 20

27. Addressing' the Council.21
a) Manner of Addressing Council. Rach person desiring to22 address the Council shall step up to the speaker’s rostrum, state23 his name and address for the record, state the subject he wishes to24 discuss, state whom he is representing if he represents an organize- -25 26 tion or other persons, and, unless further time is otherwise speci fically provided for in these rules or is granted by majority vote27 of the Council, shall limit his remarks to three (3) minutes.28 All -12-
A
Prior Approval by Administrative Staff.
resolutions and contract documents shall, before presentation to thk a majority vote of the Council, or requested by
Such consent may be expressed by a
adoption of an ordinance or a resolution, it shall be read in full

EXHIBIT A
20 87
1 remarks shall be addressed to the Council as a whole and not to 2 No question shall be asked a Council Memberany member thereof. 3 member of the City staff without the permission of the Presid- 4 ing Officer.

In order to expedite5 Spokesman for Group of persons-b) matters and to avoid repetitious presentations, whenever any group6 7 of persons wishes to address the Council on the same subject 8 Presiding Officer to requestmatter, -it shall be proper for the that a spokesman be chosen by the group to address the Council and,9 in case additional information or matters are to be presented by10 the number of suchany other member of said group, to limit11 12 persons addressing the Council.

After a motion has been made or a publicAfter Motion.13 c} 14 15
out first securing permission to do so by the City Council :16 17 Rules of Decorum.28.

While the Council is in session, the18 a) Council Members. members must preserve order and decorum, and a member shall neithea19 20 21
refuse to obey the orders of the Presiding Officer.22 or Members of the City staff and employees23 Employees .b) shall observe the same rules of order and decorum as are applicable24 25 to the City Council.

Any person making irnper -26 Persons Addressing the Council.c) tinent, slanderous or profane remarks, or who becomes boisterous27 while addressing the Council, shall be called to order by the28 -13-
f
i
I
by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or a
hearing has been closed,
Council from the audience on the matter under consideration with- no member of the public shall address the

EXHIBIT A
21 88
Presiding Officer and, if such conduct continues, may at the dis-1 cretion of the Presiding Officer be barred from further audience2 before the Council during that meeting, unless permission to con-3 4 tinue be granted by
Any person in the audience whod) Members of the Audience.5 engages in disorderly conduct such as hand clapping, stamping of6 feet, whistling, using profane language, yelling, and similar7 demonstrations, which conduct disturbs the peace and good order of8 the meeting, or who refuses to comply with the lawful orders of the9 Presiding Officer, shall be guilty of an infraction, and upon10 instructions from the Presiding Officer, it shall be the duty of the11 Sergeant at Arms to remove any -such person from the Council Chamber12 and to place him under arrest or otherwise cause him to be prosecuted13 under the law.14
The Director of Public Safety29. Enforcement of Decorum.15 16 or such member or members of the Public Safety Department as he may designate, shall be Sergeant at Arms of the City Council and17 I shall carry out all orders given by the Presiding Officer for the18 purpose of maintaining order and decorum at the Council meetings.19 Any Council Member may. move to require the Presiding Officer to20 enforce the rules, and the affirmative vote of a majority of the21 22 Public Hearings. The following rules shall apply to all30.23 •public hearings, except when proceedings are held under general24 laws of the State of California which require different procedures.25 26 a) The Mayor shall state the subject matter of the hearing 27 Before doing so, he mayand declare the public hearing open. 28 determine whether or not there are proponents or opponents who wish -14-
a majority of the Council.

Council shall require him to do so.

EXHIBIT A
22 89
to make presentations, how many persons wish to be heard, or other1 matters which may affect the conduct of the proceedings.2 He may impose and announce reasonable time limits on presentations or oral3 arguments by the public -4
b) The City Manager or appropriate5 staff member shall give a factual summary of the matter.6
c) The proponents shall be heard. (Written correspondence7 shall be summarized by the Clerk. )8
d) The (Written correspondenceopponents shall be heard.9 shall be summarized by the Clerk.)10
reasonable time for rebuttal.e) Each side shall be given11 a Additional speakers must limit their remarks to providing new infox12 mation that was not already covered by other speakers.13 f) Prior to the close of the public heaaring, the Mayor shall14 give those persons wishing to place their names on the record as15 i being for or against, without presenting an oral argument,16 an opportunity to do so.17
g) The public hearing shall be declared closed -18
The Council shall discuss and determine the matter.h)19 After the public hearing is closed, the public shall noti)20 be recognized to speak except to answer any question not covered21 in the public hearing, and provided that whenever any such answer22 is given, the opposing side shall be given23
24 31.25
the 'City Council that any member of the public wishing to be heard26 matter under consideration by the City Council shall be given27 on a Prior to the vote on any issue28
-15-
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i
a reasonable opportunity to do so.
an opportunity to
- present facts in rebuttal of the answer given.

Policy on Public Input. It is the declared policy of

EXHIBIT A
23 90
I
1 the Mayor shall determine whether or not anyone present wishes to 2 be heard. The Mayor may establish reasonable time limits for oral 3 presentations and shall limit the presentation to the matter before 4 the City Council at that time.
5 32. Absences from Council Meetings. Pursuant to Government 6 Code §36513, if a City Council Member is absent without permission 7 from all regular Council meetings for 60 days consecutively from 8 the last regular meeting he attended, his office becomes vacant anc shall be filled by the Council as any other vacancy. In addition,9 should any Council Member be absent from two (2)10 consecutive 11 regular Council meetings, or from three (3) regular Council meetinc s 12 in any six -mon th period, without permission from (i.e., not excusec the Council, the Council may determine that the13 for good cause by) 14 15
I
16 zed by vote of the Council.

Unless otherwise adjourned, all17 Automatic Ad j ournmen t .33. meetings of the City Council shall automatically be adjourned at18 10:00 o’clock p.m. , except that a majority may extend the automa-19 tic adjournment to 10:30 o'clock p.m., and adjournment may be20 further postponed only by unanimous consent to adjourn not later21 than a specified time.22
These rules may be amended by theAmendment of Rules.34.23 • Council by an affirmative vote of a majority of a quorum; provided24 however , that where a provision of these rules require action by25 26 quorum, then an amendment to that rule requires the same vote re-27 quired for the rule proposed, to be amended.28
-16-
resignation, and may request such resignation in a
a specific affirmative vote which is greater than a majority of a best interests of the City would be served by said Council Member's letter author i-

EXHIBIT A
24 91
1 The prior resolution ofPrior Resolution Repealed.35.
2 this Council relating to Council meeting procedures,, being Resolu tion No. 76-1, is hereby repealed.3
4 PASSED AND ADOPTED by the City Council of the City of Marina 5 at a regular council meeting duly held on December 2r 1980, by 6 the following vote:
7 AYES; COUNCIL MEMBERS:
8 9 NOES: COUNCIL MEMBERS: None
10 11 NoneABSENT : COUNCIL MEMBERS:
12 13
Robert T. Ouye, Mayor
14 15
16 17 . Flautt, City Clerk
18 19
20 21
22 23
24 25
26 27
28 -17-
Davis, Bird, Laden, Takahashi and
Mayor Ouye
-7 I
4/
ATTEST :/)

EXHIBIT A
25 92
RESOLUTION NO. 85-1
1 2 -oOo-
3 4
5 i
6 December ’2, 1980, is hereby amended as follows:
i7 8.
8 9
10 11
12 13
14 ! O .• ••li&r-
15 16
17 18
Counci Imembers :AYES,
19 20 Councilmembers: NoneNOES,
21 i
Councilmembers : NoneABSENT,
22 23
/ / /MAYOR
24 25
26 27
28 i
!
I
I
BE IT RESOLVED by the City. Council of the City of Marina, as follows:

A RESOLUTION AMENDING RESOLUTION 80-71 ESTABLISHING RULES

AND PROCEDURES FOR THE CONDUCT OF THE MEETING OF THE

MARINA CITY COUNCIL

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. i o
Call to Order
Pledge of Allegiance and Invocation
Roll Call
Approval of the Minutes
Presentations
Communications from the Floor (Not on the Agenda)
Council and Staff Reports
Correspondence
Consent Calendar
Publid Hearings
Other Agenda Items
Executive Session
Adjournment
Ayers , Blake , Ouye , Kosorek
and Mayor Takahashi

ORDER OF BUSINESS
The business of the Council shall be taken up for
consideration and dispostion in the following order:

ATTEST:
^CITY CLE^K/

1. That Resolution No. .80-71 entitled "A Resolution
Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City. Council",’ passed and adopted on PASSED AND ADOPTED at a. regular meeting of the City Council of the City of Marina duly held on January 8, 1985, by the following vote:

EXHIBIT A
26 93
RESOLUTION NO. 91-09
RESOLVED by the City Council of the City of Marina,IT as That Resolution No.
is hereby amended as

8. ORDER OF BUSINESS
for
J
Perrine andCOUNCIL MEMBERS:AYES,
COUNCIL MEMBERS: NoneNOES,
COUNCIL MEMBERS: NoneABSENT,
EDITH JOHNSEN, Mayor
ATTEST ;
(Merk
BE
follows :

5. 6.

7. 8.

9. 10.

11. 12.

1. 2.

3. 4.

A RESOLUTION AMENDING RESOLUTION 85-1 ESTABLISHING RULES AND

PROCEDURES FOR THE CONDUCT OF THE MEETING OF THE

MARINA CITY COUNCIL
Takali, Yates, Horning,
Mayor Johnsen
Call to order
Roll Call & Establishment of Quorum
Closed Session
Pledge of Allegiance & Words of Inspiration/Moments of
Silence
Communications From The Floor
Special Presentations
Consent Agenda (includes Approval of Minutes)
Public Hearings
Other Council Action Items
Council & Staff Informational Reports
Correspondence
Adjournment

1. That Resolution No. 85-1 entitled "A Resolution Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council:, passed and adopted on January 8, 1985,
follows:

The business of the Council shall be taken up
consideration and disposition in the following order:

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 5th day of February, 1991, by the following vote:

EXHIBIT A
27 94
RESOLUTION NO. 91-17
1 v.-’J 2
3 as4
5 6
7 8. ORDER OF BUSINESS8
9 10
11 12
!13
14 15
ft
*
16 17
18 19 AYES,
20 NOES, NoneCOUNCIL MEMBERS:21
ABSENT , COUNCIL MEMBERS: None22
23 EDITH JOHNSEN, Mayor24 ATTEST :
25 UNSg£/ City OlerkJ P,26
27 28
COUNCIL MEMBERS:
and Mayor Johnsen
i

1. 2.

3. 4.

Cl-

7. 8.
.— 9.

10. 11.

12. Call to order
Roll Call & Establishment of Quorum
Closed Session
Pledge of Allegiance & Words of Inspiration/Moments
of Silence
Special Presentations
Communications From The Floor
Public Hearings
Other Council Action Items
Consent Agenda (includes Approval of Minutes)
Council & Staff Informational Reports
Correspondence
Adjournment
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 19th day of March, 1991, by the following vote:

A RESOLUTION AMENDING RESOLUTION 91-09 ESTABLISHING RULES AND

PROCEDURES FOR THE CONDUCT OF THE MEETING OF THE
>'• MARINA CITY COUNCIL
BE IT RESOLVED by the City Council of the City of Marina, follows :

The business of the Council shall be taken up for
consideration and disposition in the following order:

1. That Resolution No. 91-09 entitled "A Resolution
Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council:, passed and adopted on February 5, 1991, is hereby amended as follows:

Takali, Yates, Horning, Perrine

EXHIBIT A
28 95
1 2
RESOLUTION NO. 92-30
3 4
5 6
7 That Resolution No. 91-17 entitled ”A Resolution Amending 8 9
ORDER OF BUSINESS8.
10 f
11 12
13 14
15 16
17 18
19 20
1992, by the
21 AYES, COUNCIL MEMBERS:22
23 24
25 EDITH JOI
ATTEST :26
27 28
I1.

2. 3.

4. i
>
JUNSAY^/city (fclerk
NOES,

ABSENT,
Call to order
Roll Call & Establishment of Quorum
Closed Session
Pledge of Allegiance & Words of Inspiration/Moments
of Silence
Special Presentations
Communications From The Floor
Special Announcements
Public Hearings
Other Council Action Items
Consent Agenda (includes Approval of Minutes)
Council & Staff Informational Reports
Correspondence
Adj ournment
COUNCIL MEMBERS:

COUNCIL MEMBERS:

Takali, Yates, Horning, Perrine
and Mayor Johnsen.

None
None
I

5. 6.

7. 8.

9. 10.

11. 12.

13. IN, Mayor
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 3rd day of June,
following vote:

A RESOLUTION AMENDING RESOLUTION 91-17 ESTABLISHING RULES AND

PROCEDURES FOR THE CONDUCT OF THE MEETING OF THE

MARINA CITY COUNCIL

1. Resolution 91-09 Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council”, passed and adopted on March 19, 1991, is hereby amended as follows:

The business of the Council shall be taken up for
consideration and disposition in the following order:

Q
BE IT RESOLVED by the City Council of the City of Marina, as follows :

EXHIBIT A
29 96
RESOLUTION NO. 94-15
1980,

2. shall
each month at the hour of
i

8. ORDER OF BUSINESS.

REPORT ON ANY ACTION

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

1. 2.

3. 4.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 80-71 AND 92-30

RELATING TO THE HOURS OF REGULAR MEETINGS AND

THE ORDER OF BUSINESS
on
on
emergency at such other place as is
the Mayor or,
members of the City Council,
regular meeting falls
meeting shall be held
regular meeting shall be held at the same hour
the following business day.

Section 2, entitled “Regular
2, 1980, is hereby
BE IT RESOLVED by the City Council of the city of Marina, as follows :

The business of the council shall be taken up for
consideration and disposition in the following
order :

CALL TO ORDER 6:00 P.M.

ROLL CALL & ESTABLISHMENT OF QUORUM

CLOSED SESSION

OPEN REGULAR SESSION -

TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE

SPECIAL PRESENTATIONS

SPECIAL ANNOUNCEMENTS

COMMUNICATIONS FROM THE FLOOR

CONSENT AGENDA

PUBLIC HEARINGS

OTHER COUNCIL ACTIONS ITEMS

COUNCIL & STAFF INFORMATIONAL REPORTS

CORRESPONDENCE

ADJOURNMENT
Regular Meeting The City Council shall hold
regular meetings on the first and third Tuesday of
6:30 p.m. in the Council
Chambers of the City Hall, 211 Hillcrest Avenue in
the City, or in such other place within the city
limits to which said meeting may be adjourned. If
by reason of fire, flood or other emergency it
shall be unsafe to meet in the City Hall, the
meetings may be held for the duration of the
designated by
if he should fail to act, by three
When the day for any
a legal holiday, no
such holiday, but a
on

1. That Resolution No. 80-71,
Meetings” passed and adopted on December
amended as follows:

2. That Resolution No. 92-30 amending the Order of Business passed and adopted June 3, 1992, is hereby amended as follows:

EXHIBIT A
30 97
94-15
AYES, COUNCIL MEMBERS:
o
ATTEST :

I
!
i
NOES,

ABSENT,
Resolution No.

April 7, 1994

Page 2 ends

COUNCIL MEMBERS:

J^z^jZ^fnsay, C^/^Clifk
^aruk Takali, Mayor
PASSED AND ADOPTED at an Adjourned Regular Meeting of the City Council of the city of Marina duly held on the 7th day of April, 1994, by the following vote:

John Wilmot, Loyde Yates, Mayor Pro
Tem Jim Perrine & Mayor Zaruk
Takali .

NONE
NONE ——

EXHIBIT A
31 98
RESOLUTION NO. 98-03

8. ORDER OF BUSINESS
i
^terrine.

I
1 ATTEST:

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 20th day of January, 1998, by the following vote:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 94-15 RELATING TO THE ORDER OF BUSINESS AYES,
NOES,

ABSENT,

ABSTAIN,
COUNCIL MEMBERS:

COUNCIL MEMBERS:

1. 2.

3. 4.

H. GUSTAFSON, J. WIL]
J. VOCELKA.

NONE
NONE

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

CALL TO ORDER 6:00 P.M.

ROLL CALL & ESTABLISHMENT OF QUORUM

CLOSED SESSION

OPEN REGULAR SESSION - REPORT ON ANY ACTION TAKEN IN

CLOSED SESSION
MOMENT OF SILENCE (Please stand) & PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS

SPECIAL ANNOUNCEMENTS

COMMUNICATIONS FROM THE FLOOR

CONSENT AGENDA

PUBLIC HEARINGS

OTHER COUNCIL ACTION ITEMS

COUNCIL & STAFF INFORMATIONAL REPORTS

CORRESPONDENCE

ADJOURNMENT
i
The business of the Council shall be taken up for consideration and disposition in the Mowing order:

BE IT RESOLVED by this City Council of the City of Marina, that Resolution No. 94-15 is hereby amended to delete Section 8*in its entirety and is replaced by a new Section 8 to read as follows:
ioy^rOsayCity Cteri
umes K Vocelka, Mayor

EXHIBIT A
32 99
RESOLUTION NO. 99-01
WHEREAS, the City Council adopted Resolution No. 98-03 is hereby amended as follows:

8. ORDER OF BUSINESS

5. AYES, COUNCIL MEMBERS:

ATTEST:

Jo; I
I
I

RESOLUTION OF THE QTY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 98-03 RELATING TO THE ORDER OF BUSINESS

1. 2.

3. 4.

COUNCIL MEMBERS:

COUNCIL MEMBERS:
i
I
CALL TO ORDER 6:06ThMr 5:30 P.M.

ROLL CALL & ESTABLISHMENT OF QUORUM

CLOSED SESSION
OPEN REGULAR SESSION (6:30 PM) - REPORT ON ANY ACTION

TAKEN IN CLOSED SESSION
MOMENT OF SILENCE (Please stand) & PLEDGE OF ALLEGIANCE (Please remaining standing)

SPECIAL PRESENTATIONS

SPECIAL ANNOUNCEMENTS

COMMUNICATIONS FROM THE FLOOW

CONSENT AGENDA

PUBLIC HEARINGS

OTHER COUNCIL ACTION ITEMS

COUNCIL & STAFF INFORMATIONAL REPORTS

CORRESPONDENCE

ADJOURNMENT
NOES,

ABSENT,

ABSTAIN,

6. 7.

8. 9.

10. 11.

12. 13.

14. James E. Perrine, Mayor
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 5,hday of January, 1998, by the following vote:

The business of the City Council shall be taken up for consideration and disposition in the following order:

D. Cleary, H. Gustafson, L Mettee-McCutchon, K.

Nishi, and Mayor J. Perrine.

NONE
NONE
NONE z—x C )
< Junsay, City

EXHIBIT A
33 100
RESOLUTION NO. 2001-1061
2 3
-oOo-
4 BE IT RESOLVED by the city Council of the City of Marina , 5 that paragraph 2 of Resolution No. 80-71 is hereby amended to 6 show that City Council meetings should begin at 5:30 P.M. on the 7 days indicated so that said paragraph now reads as follows:
8 Regular Meetings.
9 10
11 12
13 14
15 PASSED AND ADOPTED by the City Council of the City of16 Marina at a regular meeting duly held September 18 r 2001, byon 17 the following vote:
18 AYES:
19 20 NOES; COUNCIL MEMBERS: None.
21 ABSENT: COUNCIL MEMBERS: None.
22 23
James E, Perrine, Mayor
24 ATTEST:
25 26
27 C;VtetaWRJN«fiENERAUORaN\MgEnNBS.B18
A RESOLUTION AMENDING RESOLUTION NO. 80 -’71 REGARDING THE

HOURS OF REGULAR MEETINGS OF THE CITY COUNCIL
28 LAW OFFICES OF
IT R. WELLINGTON
!.7 CA33 STREET

SUITE D

MONTEREY)
CALIFORNIA 93940

TELEPHONE
(831)373-6733
J^y/P Z ^Fimsay^xjiit^ Clerk
COUNCIL MEMBERS: J. Perrine, H. Gustafson, B.

Delgado, I. Mettee-McCutchon and M. Morrison.
"2 . Regular Meetings . The City Council shall hold
regular meetings on the first and third Tuesday of each month at the hour of 5:30 p.m. in the Council Chambers
of city Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said
meeting may be adjourned. If by reasons of fire, flood
or other emergency it shall be unsafe to meet in City
Hall, the meetings may be held for the duration of the
emergency at such other place as is designated by the
Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting
falls on a legal holiday, no meeting shall be held on
such holiday, but a regular meeting shall be held at
the same hour on the following business day.”

EXHIBIT A
34 101
RESOLUTION NO. 2009-41
WHEREAS, on March 17, 2009, the City Council discussed and received public input.

1. 2.

3. PASSED AND ADOPTED by the City Council of the city of Marina at a regular meeting duly held on the 17lhday of March 2009, by the following vote; Bruce C. Delgado, Mayor
ATTEST:

Dimitra M. Hubbard, Deputy City Clerk
WHEREAS, on December 2, 1980, the City Council of the City of Marina adopted Resolution No. 80-71 which limits the public from addressing the City Council to three (3) minutes, and;

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
REPEALING SECTION 27a OF RESOLUTION NO. 80-71 AND

APPROVING CHANGING THE THREE MINUTE LIMITATION FOR
PUBLIC COMMENTS TO FOUR (4) MINUTES
Repeal Section 27a of Resolution No. 80-71 relative to three (3) minute time limit for public comment;
Approve changing three (3) minute limitation for public comment to four (4) minutes; and
Encourage the commissions, committees and boards to do the same and go with four (4) minutes for public comment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:

AYES, COUNCIL MEMBERS: Ford, McCall, O’Connell, Delgado NOES, COUNCIL MEMBERS: Gray
ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

WHEREAS, at a regular meeting of January 20, 2009 Council member Frank O’Connell requested that the council place as a future agenda item the modifying of the three minute limitation of comments made by the public on action matters, and;

EXHIBIT A
35 102
I,
ATTEST:

Anita Sharp, Acting int^City Clerk
WHEREAS, the Council has determined that on occasion the unanimous vote requirement of Paragraph 33 of the Rules and Procedures to postpone adjournment beyond 10:30 p.m. results in City Council business/matlers not being concluded during the meeting, even as to matters where interested parties have waited up to four hours for consideration;
PASSED AND ADOPTED by the City Council of the City of Marina at a regular* meeting duly held on March 1, 201 1, by the following vote:

WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
AYES: COUNCIL MEMBERS: Brown, Ford, O’Connell, Delgado
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Amadeo
ABSTAIN: COUNCIL MEMBERS: None
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, that Paragraph 34, entitled “Amendment of Rules,” of the Rules and Procedures is hereby deleted in its entirety and replaced with anew paragraph 34 to read as follows (new language shown in italics):

RESOLUTION NO. 201 1-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING PARAGRAPH 34 OF RESOLUTION NO. 80-71 ENTITLED “AMENDMENT OF RULES” WHEREAS, Paragraph 34 of the Rules and Procedures, entitled “Amendment of Rules,” provides that the rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that where a provision of the rules require action by a super-majority, then an amendment to such a rule also requires a vote by that same super-majority; and
Bruce C. Delgado, Mayor
“34. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.”

EXHIBIT A
36 103
i
Bruce C. Delgado, Mayor
ATTEST:
s
WHEREAS, Paragraph 33 of the Rules and Procedures, entitled “Automatic Adjournment,” provides for automatic adjournment at 10:00 p.m. except that a majority may extend adjournment to 10:30p.m., and adjournment may then be further postponed by unanimous consent; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, that Paragraph 33 of the Rules and Procedures, entitled “Automatic Adjournment,” of the Rules and Procedures is hereby deleted in its entirety and replaced with a new paragraph 34 to read as follows:

WHEREAS, the Council has determined that on occasion the unanimous vote requirement of Paragraph 33 of the Rules and Procedures to postpone adjournment beyond 10:30 p.m. results in City Council business/matters not being concluded during the meeting, even as to matters where interested parties have waited up to four hours for consideration;
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on March 1, 201 1, by the following vote:

WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
AYES: COUNCIL MEMBERS: Brown, Ford, O’Connell, Delgado
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Amadeo
ABSTAIN: COUNCIL MEMBERS: None
RESOLUTION NO. 201 1-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING PARAGRAPH 33 OF
RESOLUTION NO. 80-71 ENTITLED “AUTOMATIC ADJOURNMENT”
Anita Sharp,Acting^Deptd^City Clerk
“33. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.”

EXHIBIT A
37 104
RESOLUTION NO. 2011-65
!
a)
I
I
I
I
b)
c)
d)
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
WHEREAS, at the regular meeting of April 5, 201 1, the City Council considered three actions to further streamline City Council meetings; and,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, as follows:

1. That Paragraph 7 (a) of the Rules and Procedures, entitled “Availability to the Public,” is hereby deleted in its entirety and replaced with a new Paragraph so that the paragraph now reads as follows (new language shown in Italics}'.

That correspondence addressed to the City council which is received by the City Clerk or any other officer or employee of the city becomes a public record as soon as it is received; and,
Eliminate “correspondence” from the agenda; and
Combine special announcements and communications from the floor; and, Allow the Mayor, subject to majority vote overruling him/her, to re-arrange agenda; and,
I
WHEREAS, Paragraph 7 (a) of the Rules and Procedures, entitled “Availability to the Public,” establishes the time at which correspondence addressed to the City Council is a public record; and, WHEREAS, after discussion, the City Council approved and directed staff to place on a future agenda a resolution to make the following changes to the Rules and Procedures:

WHEREAS, Paragraph 8 of the Rules and Procedures, entitled “Order of Business and Consideration and Sequence of Agenda Items,” establishes the order of taking up business during Council meetings, thereby establishing the agenda, and a prohibition as to changing the Order of Business;

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 80-71, PARAGRAPH 7 (a) TO MODIFY THE

TIME AT WHICH CORRESPONDENCE BECOMES A PUBLIC RECORD AND PARAGRAPH 8 TO COMBINE SPECIAL ANNOUNCEMENTS AND
COMMUNICATIONS FROM THE FLOOR, ELIMINATE “CORRESPONDENCE”

FROM THE ORDER OF BUSINESS AND THE AGENDA AND ALLOW THE

MAYOR, SUBJECT TO MAJORITY VOTE OVERRULING HIM/HER, TO RE

ARRANGE AGENDA ITEMS

EXHIBIT A
38 105
i
1b)
i
j
1 i

2. That Paragraph 8 of the Rules and Procedures, as previously amended, entitled “Order of Business and Consideration of Agenda Items,” is hereby deleted in its entirety and replaced with a new Paragraph so that the Paragraph now reads as follows (changes shown in italics)'.

Resolution No, 2011-65

Page 2 ends

1. 2.

3. 4.

Call to Order 5:30 p,m. (if there is to be a Closed Session) Roll Call and Establishment of Quorum
Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session
Moment of Silence & Pledge of Allegiance
Special Presentations
Special Announcements and Communications from the Floor -4 Minutes Each Person pursuant to Paragraph 27 a)
Consent Agenda
Public Hearings
Other Council Action Items
Council & Staff Informational Reports
Adjournment
I

8. 9.

10. 11.

12. 5.

6. 7.
a) The business of the City Council shall be taken up for consideration and disposition in the following order (Resolution No. 99-01):

The Mayor, at his/her discretion and subject to majority vote overruling him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 8, ‘Consent Agenda’ shall be considered following the last item of Item 10, ‘Other Council Action Items’.
“8. Order of Business and Consideration and Sequence of Agenda Items. “a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions Under the California Public Records Act, as soon as it is received.

Correspondence received in the City Clerk’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council.

Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.”

EXHIBIT A
39 106
C)

3. 4.

I
!
.race C. Delgado, Mayor
ATTEST:
i
!
1 i
>
i

1. 2.

Resolution No. 20 11-65

Page 3 ends

5. 6.

7. 8.

9. Mayor Introduces the Agenda Item
City Manager/Executive Director (or designee/Council Member) Presents Staff Report
Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)
City Council Clarifying Questions of Staff and
Applicant/Proponent
Brief Council Comments and Motion
Public Comments - 4 Minutes Each. Person pursuant io Paragraph 27 a)
Mayor Closes Public Hearing/Public Comments
Council Discussion
Council Vote”
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on April 19, 201 1, by the following vote:

The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

AYES: COUNCIL MEMBERS: Amadeo, Brown, Ford, O’Connell, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
AnitaSharp,Actin^Qeguty^ityClerk

EXHIBIT A
40 107
!

3. 4.
~BraceC/Delgado, Mayor
ATTEST:
?
Resolution No. 201 1-65

Page 3 ends

2. AYES: COUNCIL MEMBERS: Amadeo, Brown, Ford, O’Connell, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None S'
ABSTAIN: COUNCIL MEMBERS: None

5. 6.

I
i
I
Mayor Introduces the Agenda Item
City Manager/Executive Director (or dcsignee/Council Member) Presents Staff Report
Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)
City Council Clarifying Questions of Staff and
Applicant/Proponent
Brief Council Comments and Motion
Public Comments - 4 Minutes Each Person pursuant to Paragraph 27 a)
Mayor Closes Public Hearing/Public Comments
Council Discussion
Council Vote”

7. 8.

9. Anita Sharp, Actin^-QeputyjPity Clerk
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on April 19, 201 1, by the following vote:
c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

EXHIBIT A
41 108
RESOLUTION NO. 2019- 107
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, as follows:

WHEREAS, Paragraphs 2 and 8. a) as amended of the Rules and Procedures, entitled “Regular Meetings” and “Order of Business and Consideration and Sequence of Agenda Items,” establish the hour and the order of taking up business during Council meetings, thereby establishing the agenda, and preclude arbitrarily setting the times the Council may convene in closed and open session; and WHEREAS, after discussion and soliciting comments from the public the Council has determined that if there is to be a closed session on an Agenda for a regular meeting, the Council should convene at the hour of 5:00 p.m.; and
WHEREAS, Paragraphs 2 includes a provision requiring the vote of three members of the City Council in the event of an emergency, and in the absence of action by the Mayor, to meet as such other place than City Hall as shall be designated, and therefore passage of this Resolution shall require the affirmative vote of not less than three members of the City Council.

WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. SO- 71 Establishing the Rules and Procedures for the Conduct of Meetings of the Marina City Council (“Rules and Procedures”): and
WHEREAS, at the regular meetings of April 7, 1994 (Reso. 94-15), January 5, 1998 (Reso. 99-01), October 18, 2001 (Reso. 01-106), and April 19, 2011 (Reso. 2011-65), the City Council considered actions to further set the hours for convening City Council meetings in closed session and in open session; and

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 80-71, PARAGRAPHS 2 AND 8 a), TO MODIFY

THE HOUR AT WHICH THE CITY COUNCIL WILL CONVENE IN CLOSED

SEESION AT A REGULAR MEETING
WHEREAS, Paragraph 34 of the Rules and Procedures entitled “Amendment of Rules” provides that the rules may be amended by an affirmative vote of a majority of a quorum; providing, however, that when a provision of the rules require action by a super-majority, then an amendment to such a rule also requires a vote by that same super-majority; and
“2. Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m.in the Council Chambers of City Hall, 21 1 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned, If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at such other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.”

1. That Paragraph 2 of the Resolution 80-71 Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council, as previously amended by Resolution 2001-106, entitled “Regular Meetings” is hereby deleted in its entirety and replaced with a new Paragraph 2 so that the Paragraph now reads as follows {changes shown in italics):

EXHIBIT A
42 109
“8. Order of Business and Consideration and Sequence of Agenda Items.

Bruce C. Delgado, Mayor
ATTEST:

Anita Sharp, Deputy City Clerk
Resolution No. 2019-107
Page Two

2. That Paragraph 8.a) of Resolution 80-71 Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council, as previously amended by Resolutions 94-15, 99-01 and 2011- 65, entitled “Order of Business and Consideration and Sequence of Agenda Items,” is hereby deleted in its entirety and replaced with a new Paragraph 8.a) so that the Paragraph now reads as follows {changes shown in italics):
a) The business of the City Council shall be taken up for consideration and disposition in the following order (Resolution Nos. 94-15, 99-01 , 201 1-65 and 2019 -

1. 2.

3. 4.

8. 9.

10. 11.

12. 5.

6. 7.

Call to Order 5:00 p.m. (ifthere is to be a Closed Session) Roll Call and Establishment of Quorum
Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session
Moment of Silence & Pledge of Allegiance
Special Presentations
Special Announcements and Communications from the Floor - 4 Minutes Each Person pursuant to Paragraph 27 a)
Consent Agenda
Public Hearings
Other Council Action Items
Council & Staff Informational Reports
Adjournment”
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15thDay of October 2019, by the following vote:

AYES: COUNCIL MEMBERS: Berkley, Urrutia, O’Connell, Morton, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None

EXHIBIT A
43 110
30919\001\1614953.1:81222
AGENDA
DATE 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 rel ated to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in r emote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item num ber relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.

AGENDA MATERIALS
Agenda materials, staff reports and background information related to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

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VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self-sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable qu ality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

1. CALL TO ORDER

2. ROLL CALL & ESTAB LISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT:

4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Com missioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive S ession to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

6. SPECIAL PRESENTATIONS:
a. Presentation #1

7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND

8. COMMUNICATIONS FROM THE FLOORPUBLIC COMMENT: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which that is not on the agenda. Please state your name for the record. Action will not be taken on an items that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as permitted by Government Code Section 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a Comments are limited to a maximum of four three (43) minutes. Any member of the public may comm ent on any matter listed on this agenda at the time the matter is being considered by the City Council . Whenever possible, written correspondence

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should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGE NCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are cons idered to be routine and non -controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item a nd staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agency remove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it and will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

10. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non -Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these These items are considered to be routine and non - controversial. All items under the Consent Agenda are normallymay be approved by one motion. Any member of Council or the public may remove an item from the Consent Agenda for individual consideration. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that an item is pulled for discussion, it will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers XXX– ______, totaling $ b. MINUTES:
(1) DATE, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-, regarding . . . g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None

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speak. All other persons may be given up to three (3) minutes to speak. In public hearings not involving a quasi-judicial determination by the Council, all persons may be given up to three (3) minutes to speak on the matter.
a. City Coun cil open a public hearing and consider adopting Resolution No, 2022 -, approving . . .

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Succ essor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to fourMembers of the public may be given up to three (43) minutes of public commentto speak.

13. OTHER ACTION ITEMS: Action listed for e ach Agenda item is that which is requested by staff.

The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment. Members of the public may be given up to three (3) minutes to speak.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .

15. ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch a t 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Red evelopment Agency meetings are recorded on tape and available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the formal approval of MINUTES.

City Council meetings may be viewed live on the meeting nig ht and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items and staff reports are public record and are available for public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

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Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self -addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via em ail by notifying the City Clerk at [email protected]
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair a ccessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. Rrequests must be made at least 48 hours in advance of the meeting.

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Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
Exhibit F
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ii
MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
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1 Table of Contents
About the Author ............................................................................................................ii I
ntroduction

....................................................................................................................2 Establishing a Quorum

...................................................................................................2 The Role of the Chair

......................................................................................................2 The Basic Format for an Agenda Item Discussion

........................................................2 Motions in General

.........................................................................................................3 The Three Basic Motions

................................................................................................3 Multiple Motions Before the Body

.................................................................................4 T o Debate or Not to Debate

............................................................................................4 Majority and Super-Majority Votes

...............................................................................5 Counting Votes

................................................................................................................5 The Motion to Reconsider

..............................................................................................6 Courtesy and Decorum

..................................................................................................7 Special Notes About Public Input

..................................................................................7 118
2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. R
ules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. R
ules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. R
ules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. R
ules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
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3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:

1. Inviting
the members of the body to make a motion, for
example, “A motion at this time would be in order. ”

2. S
uggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”

3. M
aking the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. T
he chair can ask the maker of the motion to repeat it;

2. T
he chair can repeat the motion; or

3. T
he chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
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4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:
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5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
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6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
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7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: T ell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.

Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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Marina City CouncilJuly 7, 2026

Marina City Council
July 7, 2026