National City City Council
April 19, 2022

PROFESSIONAL STANDARDS
• Form and express an opinion about whether the financial statements that have been prepared by management with Board oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America
• Plan and perform the audit to obtain “reasonable” assurance (not “absolute” assurance) about whether the financial statements are free of material misstatements. • Consider internal control over financial reporting. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.
408 of 460
10 OVERVIEW OF THE FINANCIAL

STATEMENTS
409 of 460
11 City of National City
Government-Wide
Condensed Statement of Net Position
June 30, 2021 and 2020
2021 2020 $ Change % Change
Assets 354,673,653$ 345,688,100$ 8,985,553$ 2.60% Deferred Outflows of Resources 16,088,043 16,084,044 3,999 0.02% Liabilities 154,988,361 151,137,501 3,850,860 2.55% Deferred Inflows of Resources 339,273 2,244,332 (1,905,059) -84.88% Net Position:

Net investment in capital assets 162,195,929 155,772,400 6,423,529 4.12% Restricted 111,040,107 101,152,527 9,887,580 9.77% Unrestricted (deficit) (57,801,974) (48,534,616) (9,267,358) 19.09% Total Net Position 215,434,062$ 208,390,311$ 7,043,751$ 3.38% 410 of 460
12 City of National City
Government-Wide Summary
Statement of Activities
For the Years Ended June 30, 2021 and 2020
2021 2020 $ Change % Change
Expenses (99,729,654)$ (99,386,039)$ (343,615)$ 0.35% Program Revenues
Charges for services 23,356,710 25,831,605 (2,474,895) -9.58% Operating grants and contributions 17,685,441 16,658,135 1,027,306 6.17% Capital grants and contributions 6,109,734 4,465,126 1,644,608 36.83% Total program revenues 47,151,885 46,954,866 197,019 0.42% Net Cost of Services (52,577,769) (52,431,173) (146,596) 0.28% General Revenues - Taxes 57,124,566 51,775,838 5,348,728 10.33% Investment earnings 2,339,978 2,943,647 (603,669) -20.51% Miscellaneous 156,976 65,010 91,966 141.46% Change in Net Position 7,043,751$ 2,353,322$ 4,690,429$ 199.31% 411 of 460
13 City of National City
General Fund
Condensed Balance Sheet
June 30, 2021 and 2020
2021 2020 $ Change % Change
Assets 56,171,365$ 55,790,599$ 380,766$ 0.68% Liabilities 5,078,314 6,862,203 (1,783,889) -26.00% Deferred Inflows of Resources 200,000 - 200,000 100.00% Fund Balance
Nonspendable 3,964,435 3,926,499 37,936 0.97% Restricted 10,833,351 10,092,890 740,461 7.34% Committed 14,945,000 11,485,066 3,459,934 30.13% Assigned 7,193,969 7,129,273 64,696 0.91% Unassigned 13,956,296 16,294,668 (2,338,372) -14.35% Total Fund Balance 50,893,051 48,928,396 1,964,655 4.02% Total Liabilities and Fund
Balance 56,171,365$ 55,790,599$ 380,766$ 0.68% 412 of 460
14 City of National City
General Fund
Condensed Statement of Revenues, Expenditures and Changes in Fund Balance For the Years Ended June 30, 2021 and 2020
2021 2020 $ Change % Change
Revenues 65,018,006$ 61,848,951$ 3,169,055$ 5.12% Expenditures (60,694,222) (59,167,351) (1,526,871) 2.58% Revenues over Expenditures 4,323,784 2,681,600 1,642,184 61.24% Other Financing Sources and Uses
Transfers (Net) (2,363,019) (1,548,066) (814,953) 52.64% Proceeds from sale of property 3,890 - 3,890 100.00% Loss on sale of land held for resale - (589,700) 589,700 -100.00% Pass-through payments to other agencies - (631,285) 631,285 -100.00% Total other financing sources/uses (2,359,129) (2,769,051) 409,922 -14.80% Change in Fund Balance 1,964,655$ (87,451)$ 2,052,106$ 2346.58% 413 of 460
15 FINANCIAL INDICATORS AND KEY

PENSION AND OPEB INFORMATION
414 of 460
16 City of National City
Governmental Activities
Net Cost of Services to Tax Revenues
2021 2020
Net Cost of Services (52,577,769)$ (52,431,173)$
Tax Revenues 57,124,566 51,775,838
Ratio 92.04% 101.27%
Excess/(Shortfall) 4,546,797$ (655,335)$
415 of 460
17 City of National City
General Fund
Unassigned Fund Balance to Annual Expenditures
2021 2020
Unassigned Fund Balance 13,956,296$ 16,294,668$
Annual Expenditures * 60,694,222 59,167,351
Ratio 22.99% 27.54%
Unassigned Fund Balance - PY 16,413,570$ 13,673,543$ Net Change in Unassigned Fund Balance (2,457,274)$ 2,621,125$ * includes capital outlay of $1.5M for 2021 and $3.3M for 2020 416 of 460
18 GASB 68 – The Pension Standard
As of June 30, 2020 (Measurement Date)
Miscellaneous Safety
Plan Plan Total
Net Pension Liabilities @ 6.15% 57,131,765$ 104,892,020$ 162,023,785$ Net Pension Liabilities @ 7.15% 38,962,398$ 74,822,667$ 113,785,065$ Net Pension Liabilities @ 8.15% 23,917,617$ 50,159,097$ 74,076,714$ Plan's Proportionate Share of the
Fiduciary Net Position as a Percentage
of the Total Pension Liability 72.42% 66.10%
Prior year 73.54% 66.28%
417 of 460
19 GASB 75 – The OPEB Standard
As of June 30, 2020 (Measurement Date)
OPEB
Total OPEB Liability @ 1.19% 6,678,437$
Total OPEB Liability @ 2.19% 6,025,707$
Total OPEB Liability @ 3.19% 5,464,378$
Fiduciary Net Position as a Percentage
of the Total OPEB Liability 0.00%
418 of 460
20 AUDIT RESULTS
419 of 460
21 Audit Results
• Opinions
• Unmodified Opinions issued to all Opinion Units
• Financial statements are fairly presented in all material respects • Accounting policies have been consistently applied
• Estimates used are reasonable
• Disclosures are properly reflected in the financial statements 420 of 460
22 Other Results
• No disagreements with management
• No material weaknesses/significant deficiencies were identified in internal control over financial reporting or compliance
• No accounting issues
• No inappropriate activities were noted
421 of 460

HQ - ORANGE COUNTY
200 E. Sandpointe Avenue
Suite 600
Santa Ana, CA 92707

SAN DIEGO
4365 Executive Drive
Suite 710
San Diego, CA 92121

BAY AREA
2121 North California Blvd.

Suite 290
Walnut Creek, CA 94596

LAS VEGAS
1050 Indigo Drive
Suite 110
Las Vegas, NV 89145

PHOENIX
4742 North 24th Street
Suite 300
Phoenix, AZ 85016
Thank you!
422 of 460

The following page(s) contain the backup material for Agenda Item: City Council Policy Nos. 104 and 113 regarding City Council Meeting Decorum. (City Clerk) Please scroll down to view the backup material.
423 of 460

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

None.

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

This action is not subject to review under the California Environmental Quality Act (CEQA) FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:
_ Shelley Chapel
__________________
________________

April 19, 2022
Discussion Item: City Council Policy Nos. 104 and 113 regarding City Council Meeting Decorum (City Clerk) City Clerk
At the March 15, 2022 City Council Meeting, Councilmember Rios submitted a City Council Policy #105 request to agendize this item to a future agenda for discussion. As per request attached are City Council Policy Nos. 104 and 113 for discussion.

City Council Policy No. 104 – Rules of Procedure and Order for City Council Meetings City Council Policy No. 113 – Unauthorized Disclosure of Information Revealed in Closed Session Shelley Chapel, MMC, Deputy City Clerk
A – City Council Policy No. 105 Request dated March 15, 2022 B – City Council Policy No. 104
C – City Council Policy No. 113
FINAL ADOPTION:

APPROVED: ________________ MIS
Discuss policies and provide direction to staff for any changes. (619) 336-4225
424 of 460

CITY COUNCIL POLICY

CITY OF NATIONAL CITY

TITLE: Request by Member of CityCounciltoPlacean Itemon POLICY # 106 a CityCouncil Agenda

ADOPTED: March 12, 1985 AMENDED: October 5,2021

CITY COUNCIL ITEM REQUEST
The CityCouncilItemRequest Form isformembers oftheCityCouncilto submitwrittenrequeststothe CityManager’s Office forInclusion0tan itemon a futureCityCouncilMeeting Agenda. At the meeting where the initialwrittenrequest lsheard. discussionshould be limitedto whether the item should be added to an agenda and a date, not the meritof the item‘ A majorityvote ofthe CityCouncil isrequiredforthe item tobe added to a futureCityCouncil Meeting Agenda toraction.

RequestingMemberofCityCouncil:Mona Rios
Today's Date: MarCh 8' 2022
Isthismatter considered Time-Sensitiveby another entitydeadline? Yes

WRITTEN REQUEST
I,Mona Rios ,herebyrequestthatthefollowingitembe placedon theCityof NationalCity~ CityCouncll meeting agenda forconsideration.

ATTACHMENT A

425 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Rules of Procedure and Order for
City Council Meetings
Adopted: December 13, 1983
Last Amended: October 5, 2021

ATTACHMENT B

426 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE 1
II. RESPONSIBILITIES 1
A. Responsibilities of Presiding Officer / Mayor 1
B. Responsibilities of Vice-Mayor 1
C. Responsibilities of City Council 2
D. Responsibilities of City Clerk 2
E. Responsibilities of City Manager 3
F. Responsibilities of City Attorney 3
III. MEETINGS 3
A. Regular Meeting 3
B. Adjourned Meeting 3
C. Special Meeting 3
D. Emergency Meeting 3
E. Recessed Meeting 3
F. Closed Session Meeting 4
G. Quorum 4
H. City Council Recess Periods 4
I. Cancellation of Meetings 4
J. Location of Meetings 5
K. Holidays or Elections 5
L. Adjournment 5
M. Taping or Broadcasting 5
N. Teleconferencing 5
O. Agenda Exception 5
P. Comfort Breaks 6
Q. Use of Personal Electronic Devices 6
R. Translation Services 6
S. Compliance with Brown Act 6
IV. REMOTE ACCESS TO MEETINGS 6
A. Internet Broadcast 6
B. E-Notification 6
V. PUBLIC ASSISTANCE & ACCOMMODATIONS 6
VI. PUBLIC MEETING COMMUNICATION 7
A. Communications between City Councilmembers 7
B. Email Communications between Councilmembers 7
C. Communication with Persons Addressing the City Council 7 VII. AGENDA SEQUENCE AND ORDER OF BUSINESS 10
VIII. AGENDA PROCESS 12

427 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings A. Preparation, Distribution and Posting 12
IX. VOTING 14
A. Obtaining the Floor 14
B. Voting Procedure 14
C. Disqualification for Conflict of Interest 14
D. Failure to Vote 14
E. Tie Vote 14
F. Changing Vote 14
G. Reconsideration 15
H. Point of Order 15
I. Continuance of Discussion or Hearings 15
J. Rosenberg’s Rules of Order 15
K. Disclosure of Ex Parte Contacts 15
X. MOTIONS 15
A. Procedure for Motions 16
B. Amendments to Motions 16
XI. PUBLIC HEARINGS, ORDINANCES & RESOLUTIONS 16
XII. MEETING DECORUM & CONDUCT 18
A. Conduct 18
B. Authorized & Designated Areas 19
C. Signs, Objects or Symbolic Material 19
D. Service Animals 19
E. Photography / Video 19
F. Cellular & Electronic Devices 19
XIII. ENFORCEMENT 20
A. Sergeant-at-Arms 20
B. Violations 20
XIV. PROCEDURAL MATTERS 21
A. City Council Seating Arrangement 21
B. Signing of Meeting Documents 21
C. Copy of Recordings 21
D. Ceremonial Matters 21
E. Proclamations 21
XV. SOCIAL MEDIA 22
IV. POLICY INTERPRETATION & APPLICABILITY 22
DEFINITIONS 24
RELATED POLICY REFERENCES 26

428 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings I. PURPOSE
The pur
pose of this Policy is to establish Rules of Procedure and Order for City officials, staff and members of the public at all meetings of the City Council to ensure that the business of the City is attended to in an open and orderly manner and in an environment safe for all persons in attendance. The policy establishes and delineates general meeting rules, roles and responsibilities, to allow for an orderly meeting where all individuals can exercise their Constitutional rights.

All m
eetings of the City Council will be conducted under Rosenberg's Rules of Order. In addition, such meetings will be governed in accordance with the Ralph M. Brown Act (Gov.

Code§ 54950, hereinafter "the Brown Act") and other applicable State laws. Any question about proper procedure will be immediately referred to the City Clerk as parliamentarian.

This po
licy applies to all persons attending public meetings in the City Council Chamber or any other location where a meeting subject to this policy takes place. In the event of any inconsistency between this policy and State law or regulation, State law or regulation shall apply.

II. RESPONSIBILITIES
It is i
mportant to recognize that the City Council acts as a legislative body. No member has extraordinary powers beyond those of other members. While the Mayor and Vice-Mayor may have additional ceremonial and administrative responsibilities, in the establishment of policies,
voting and in other significant areas, all members are equal. Policy is established and direction is given to City staff by a majority vote of the Council.

While individual Councilmembers may disagree with decisions of the majority, a decision of the majority binds the Council to a course of action and provides staff with direction to follow.

In turn, it is staff's responsibility to ensure the policy of the Council is implemented and upheld consistent with the wishes of the majority. Implementation of Council policy by staff does not
reflect a bias against Councilmembers who held a minority opinion on an issue.

A. Responsibilities of Presiding Officer/Mayor : The Presiding Officer of the City Council, shall be the Mayor, or in the Mayor's absence the Vice-Mayor, or in both of their absence any other member designated by the City Council. It shall be the duty of the Presiding Officer to ensure that the Rules of Procedure and Order contained herein are observed, The Presiding Officer shall maintain control of communication between Councilmembers and between the Council, staff, and members of the public. The Presiding Officer may make and second motions.

B. Responsibilities of Vice-Mayor: In the absence of the Mayor from the City or a Council

429 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings meeting, the Vice-Mayor shall possess all the powers of the office of the Mayor, and be subject to all prescribed duties for that office.

C. Responsibilities of City Council:

1. Members of the City Council shall review all meeting materials in preparation for City Council meetings and be prepared to discuss the agenda.

2. Members of the City Council shall arrive on time for all City Council meetings.

3. Members of the City Council shall conduct themselves in an orderly, professional and businesslike manner to ensure that the business of the City shall be attended to efficiently and thoroughly and to ensure that the integrity of the deliberative process of the City Council is maintained at all times.

4. Members of the City Council shall maintain a polite, respectful, and courteous manner when addressing one another, City staff, and members of the public during City Council meetings.

5. As a courtesy, members of the City Council shall report upcoming absences to the City Manager as soon as possible to ensure that any necessary adjustments to the agenda may be made, and to ensure a quorum.

D. Responsibilities of City Clerk:

1. The City Clerk shall serve as the Parliamentarian for the City Council meetings to advise the Presiding Officer. Within the limitations imposed by Rosenberg's Rules of
Order, the Presiding Officer has the authority to determine proper parliamentary procedure.

2. The City Clerk shall call and record roll call votes; and shall read ordinance titles and agenda
items as requested by the Presiding Officer.

3. The City Clerk shall keep minutes of the open meeting in accordance with City Council Policy No. 106, and p er m a ne n t r et e n t i o n of video recordings of those proceedings as the archived record. Any written comment received for the meeting will be made available on the City website within 48 hours of the meeting.

All retention per the City Records Retention Schedule.

430 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings E. Responsibilities of City Manager:

1. The City Manager's duties during City Council meetings include keeping a record of concerns raised by the City Council regarding direction for future staff action and facilitating the orderly presentation of staff reports.

F. Responsibilities of City Attorney:

1. The City Attorney's duties during City Council meetings include consulting with City Council on items of concern on the agenda, to proactively inform and protect Councilmembers from potential violations and conflicts of law, and to report on any final action taken in closed session.

Ill. MEETINGS

A. Regular Meeting: The City Council shall hold regular meetings on the first and third Tuesday of each month. The meetings shall be held in the Council Chamber of City Hall, 1243 National City Boulevard in the City of National City. The regular meeting shall begin at 6:00 p.m., or as otherwise scheduled due to the demand of business or for closed session.

B. Adjourned Meeting: The City Council may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. If a quorum is not present, less than a quorum may so adjourn.

C. Special Meeting: A special meeting may be called at any time by the Mayor whenever the public business may require it or upon direction by a majority of the City Council.

The call and notice shall be posted at least twenty-four (24) hours prior to the special meeting in a location that is accessible to members of the public.

D. Emergency Meeting: Pursuant to the Government Code, the twenty-four (24) hour notice and posting requirements for a special meeting may be dispensed with under the following emergency conditions: work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body, except in the case of a dire emergency.

E. Recessed Meeting: Pursuant to the Government Code, a meeting of the City Council may recess to the following regular business day if the action is taken in good faith and not to circumvent the requirements of the Brown Act. The meeting may not be recessed to another day after that unless it is posted in accordance with the Brown

431 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Act.

F. Closed Session Meeting: The City Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which is authorized to be heard or considered in closed session in accordance with State law. If a closed session is included on the agenda, the description of the item must comply with Government Code Section 54954.5. For each closed session, the City Attorney must orally announce the subject matter of the closed session. If final action is taken in closed session, the City Attorney must report the action at the conclusion of the closed session, unless agendized for that same Closed Session Meeting or list on the agenda for the Regular Meeting immediately following.

No minutes of the proceedings of the City Council during closed session are required.

There shall be no closed session during any special emergency meeting. No person present in a closed session shall disclose, outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one or more of the actions delineated in City Council Policy No. 113.

G. Quorum: A quorum at any meeting of the City Council will be established by the presence of three (3) members of the City Council. The Mayor shall count as a Councilmember for the establishment of a quorum.

H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start
of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than twenty (20) days without a regular or special meeting of the Council.

During any recess period, the City Manager is authorized to take such ministerial action on matters of operational urgency as would normally be taken by the City Council during the recess except for those duties specifically reserved to the City Council by Government Code, and including such emergency actions as are necessary for the immediate preservation of the public peace, health, or safety. The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the recess of actions taken by the City Manager pursuant to this section, at which time the City
Council may make such findings as
may be required and confirm said actions of the City Manager.

I. Cancellation of Meetings: Any meeting of the City Council may be cancelled in advance

432 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings by a majority vote of the Council. In the event that the Mayor and/or Vice-Mayor are unable to cancel a meeting, in the case of an emergency the City Manager is authorized to cancel such meeting.

J. Location of Meetings: Regular meetings of the City Council shall be held in the Council Chamber unless appropriate notice is given pursuant to, and the location of the meeting
is in accordance with, the Brown Act. The City Council may hold a special meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is given pursuant to and the location of the meeting is in accordance with the Brown Act.

K. Holidays or Elections: In the event that the a regular meeting of the City Council is scheduled on the same day as a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held that week.. Any regular meeting may be dispensed with by a majority vote of the City Council.

L. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment. The meeting shall be extended no more than once and subsequently may be adjourned to a later date. No new item of business shall be taken up by the Council after the normal time unless the Council has determined by a super-majority vote to set aside this policy. In the event the entire agenda cannot be completed by the normal time of adjournment, the Council may take up and act upon the more pressing agenda items. All agenda items not considered at the meeting shall be on the agenda of the next regular, special, or adjourned regular meeting unless the Council directs otherwise.

M. Taping or Broadcasting: Meetings may be broadcast, audio-recorded, video-recorded or live-streamed so long as the activity does not constitute a disruption of the proceeding.

N. Teleconferencing: Teleconferencing shall be allowed as per Government Code section 54953. Teleconference meetings may be held under carefully-defined conditions. The meeting notice must specifically identify all teleconference locations, and each such location must be fully-accessible to members of the public.

O. Agenda Exception: Special procedures permit a body to proceed without an agenda in the case of emergency circumstances, or where a need for immediate action came to the attention of the body after posting of the agenda. (Reference Section VIII, A.5 - Non- Agenda Items Requiring Immediate Action)

433 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings P. Comfort Breaks: It is the policy of the City Council that the Presiding Officer will call comfort breaks of 5-10 minutes when a meeting is expected to last more than two hours. While it is not possible to predict the duration of a meeting, scheduled breaks· allow participants to not miss any part of the meeting and help stay alert and maintain a high level of concentration and participation.

Q. Use of Personal Electronic Devices: The use of personal electronic devices on the dais shall be limited to official agenda-related tasks and emergency notifications. If, in the opinion of the Presiding Officer, a Councilmember's use of an electronic device is disruptive to Council deliberations or disrespectful to the public, the Presiding Officer may request that the Councilmember cease the use of such device.

R. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. A Spanish-language interpreter is also available to interpret and translate for speakers who wish to address the City Council.

When the meetings are hosted as a webinar, a Spanish-language interpreter shall provide translation services for a minimum of two (2) hours. If, after providing translation services for two (2) hours, no member of the public is using those services, the translator may be dismissed by the Presiding Officer.

S. Compliance with Brown Act: All regular, special, and adjourned meetings of the City Council shall be called, noticed and conducted in compliance with the Brown Act.

IV. REMOTE ACCESS TO MEETINGS

A. Internet Broadcast: Live-Streaming video of City Council meetings is available at www.nationalcityca.gov. Archived meetings are also available online.

B. E-Notification: Individuals may sign up via the City's website to receive email notifications of published City Council and Board, Commission, and Committee meeting agendas, City news, special events, and more.

V. PUBLIC ASSISTANCE & ACCOMMODATIONS

Upon request, the City Council agenda and backup materials will be made available in alternative formats. Any person who requires a disability-related modification or accommodation to participate in the public meeting, including auxiliary aids or services, , may request a modification, accommodation, aid, or service by contacting the City Clerk's Office either in person or by telephone no later than 10:00 a.m. on the day preceding the scheduled

meeting.

434 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings VI. PUBLIC MEETING COMMUNICATIONS

A. Communications between City Councilmembers:

1. Councilmembers wishing to speak should request the floor by being recognized by the Presiding Officer before speaking. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to address the City Council.

2. No Councilmember shall speak again until all Councilmembers have had the opportunity to speak.

3. Councilmembers shall remember that the purpose of the City Council meeting is to conduct the business of the City. Councilmembers shall avoid repetition and shall limit their comments to the subject matter at hand. Councilmembers shall endeavor to express their views without engaging in unnecessarily lengthy debates.

4. When one Councilmember is speaking, other Councilmembers shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Presiding Officer may vary the speaking sequence of Councilmembers from item to item.

B. Email Communications between City Councilmembers: Because email communications can ultimately lead to the exchange of information intended to, or which may, create
collective concurrence among a quorum of Councilmembers, e-mail communications between Councilmembers relative to Council business should be avoided at all times.

C. Communications with Persons Addressing the City Council: Members of the public may address the City Council during the Public Comment period and/or prior to the consideration of any agenda item. Persons shall address the City Council as a whole and shall not engage in a dialogue with individual Councilmembers, staff, or with other members of the audience. Any person wishing to speak, whether during the Public Comment period or on an agenda item, is requested to complete a "Speaker Slip" form
and submit the form to the City Clerk prior to the calling to order of the meeting or as
soon thereafter as possible. Filling out a speaker slip is not required to participate.

All those addressing the Council shall do so from the podium.

The City Council may not prohibit public criticism of the City in general, City staff, or members of the City Council, its policies, procedures, programs, or services of an

435 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings agency or its acts or omissions. A speaker may not be stopped from speaking because either the Presiding Officer or Councilmembers disagree with the viewpoint being expressed.

1. Translation Services: Simultaneous Spanish interpreting services are provided at City Council meetings, through the use of headsets. A Spanish-language interpreter is also available to interpret and translate for speakers who wish to address the City Council. When the meetings are hosted as a webinar, a Spanish- language interpreter shall provide translation services for a minimum of two (2) hours. If, after providing translation services for two (2) hours, no member of the public is using those services, the translator may be dismissed by the Presiding Officer.

2. Public Comment (Non-agenda): At all regular City Council meetings, speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a three (3) minute time limit or less, depending on the number of speakers. The Council may listen to the speaker's comments, but cannot discuss or take action on communications not on the agenda. Non-agenda Public Comment may be referred to the City Manager for administrative action or placement on a subsequent agenda, with a majority vote of the Council.

a. At each regular Council meeting, up to 30 minutes shall be reserved for Public Comment.

b. The City Clerk will review the Speaker Slips and inform the Presiding Officer of the number of slips. If the number of speakers, at three (3) minutes each, exceeds the 30-minute allotted time for Public Comment, the Presiding Officer may reduce the time allotted to each speaker, extend Public Comment time, or continue remaining speakers to the end of the meeting.

c. Donations of time from one speaker to another are not permitted.

d. The Presiding Officer shall have the authority to reduce equally each speaker's time to accommodate a larger number of speakers.

e. Speaker Slips for Public Comment will be accepted by the City Clerk in the Council Chamber no earlier than 15 minutes before the meeting and up until the Public Comment portion of the agenda is finished.

f. In order to ensure that non-English speakers receive the same opportunity to
directly address the City Council, any member of the public who utilizes a

436 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings translator shall be provided at least twice the allotted time to address the City Council, unless simultaneous translation equipment is used to allow the City Council to hear the translated public testimony simultaneously. (Government Code 54954.3)

g. Remarks shall be addressed to the City Council as a body.

h. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of time for presentations of this nature.

3. Public Comment (Agenda Items): Speakers shall have the right to address the City Council on items which appear on the agenda, subject to the 3-minute time limit.

i. Donations of time from one speaker to another will not be permitted.

j. The Presiding Officer shall have the authority to reduce equally each speaker’s time to accommodate a larger number of speakers, or to limit the total speakers' time on an agenda item.

k. Speaker Slips for agenda items will be accepted by the City Clerk in the Council Chamber no earlier than 15 minutes before the meeting and up until the public testimony on the item is finished. Included on the Speaker Slip shall be the option for individuals who do not wish to speak to register in support of, in opposition to, or neutral on the item. An individual must be present to register a position or opinion. The City Clerk will provide a tally of those who do not wish to speak on an item, but who do provide a position or opinion.

l. Remarks shall be addressed to the City Council as a body and not to any member of the City Council, staff or the public. No questions shall be asked of an individual member of the City Council, staff, or the public. The Presiding Officer may limit interaction between Councilmembers and public speakers to questions of clarification.

m. If there is a group representing a common position, designation of a spokesperson is encouraged. The Presiding Officer may allot a mixed amount of time for presentations of this nature.

n. In order to ensure that non-English speakers receive the same opportunity to directly address the City Council, any member of the public who utilizes a

437 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings translator shall be provided at least twice the allotted time to address the Council, unless simultaneous translation equipment is used to allow the Council to hear the translated public testimony simultaneously. (Government Code Section 54954.3)

4. Presentations to City Council: Any information presented to the City Council for its consideration in formats such as PowerPoint, Video, or other audio/visual media must be submitted
to the City Clerk's Office no later than the Wednesday
immediately prior to the City Council meeting in order to have the presentation facilitated for City Council viewing and broadcast. If presentations are submitted after that deadline, it will not be possible
for them to be played or displayed
during the meeting, although ten (10) hard copies may be submitted to the City Clerk for distribution to the City Council. Documents and presentations displayed during the City Council meeting shall become part of the public record and must be submitted to the City Clerk for retention. The City Clerk’s Office will post any materials received at a City Council Meeting to the City website within 48 hours of the meeting.

VII. AGENDA SEQUENCE AND ORDER OF BUSINESS

Generally, the agenda sequence and order of business of a regularly scheduled City Council meeting shall determined by the City Manager’s.

During the City Council Meeting the Order of Business shall be followed, unless otherwise reordered by the Presiding Officer with the
consensus of the City Council during the City
Council Meeting.

A. Call to Order: The Presiding Officer officially calls the meeting to order.

B. Roll Call: Before the City Council shall proceed with the business of the Council, the City Clerk shall call the roll of the members and the names of those present shall be entered in the minutes. The later arrival of any absentee shall also be entered in the minutes.

C. Pledge of Allegiance: Each agenda of a regularly scheduled Council meeting shall provide an item for the recital of the "Pledge of Allegiance" to both the United States flag and the California flag.

D. Public Comments: Speakers shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit or less, depending on the number of speakers. The City Council may listen to the speaker's

438 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings comments, but cannot discuss or take action on communications not on the agenda.

Non-agenda public comment may be referred to the City Manager for administrative action or placement on a subsequent agenda.

E. Proclamations and Certificates: The agenda shall provide a time when proclamations directing attention to a person, organization or event may be presented.

Proclamations will be issued subject to Section XIV, E - Proclamations.

F. Awards and Recognitions: The agenda shall provide a time when recognitions may be presented.

G. Presentations: The Presentations section of the agenda is for the purpose of allowing a brief (5 to 10 minutes each) opportunity at the beginning of a Council meeting for City Council to receive information from outside agencies or City staff. It is not meant for a topic that would require lengthy deliberation, debate, or action. Items may be placed
on the Presentation section of the agenda at the request of the City Council or City staff with the City Manager's concurrence. Approval to place a presentation on the agenda that has been requested by a community member must be obtained through the City Manager's Office.

H. Interviews and Appointments: The agenda shall provide a time for the City Council to interview and/or appoint members of the City Council or the public to City and/or external boards, commissions and committees.

I. Regional Boards and Committee Reports: City Councilmembers report on meetings attended on behalf of the City. Councilmembers are limited to five-minutes.

J. Consent Calendar: Items of a routine or generally uncontested nature may be approved by the City Council in a single motion by adoption of the Consent Calendar.

The approval of the Consent Calendar shall signify the approval of each matter or recommendation
included therein: Upon request of any Councilmember, staff, or public made through the Presiding Officer, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar shall be described on the agenda posted for the meeting.

K. Public Hearings: Ordinances & Resolutions: This portion of the meeting allows for a noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible. (Reference Section XI, Public Hearings)

439 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings L. Non-Consent Resolutions: Items generally of a non-routine nature for City Council discussion and/or action.

M. New Business: This portion of the meeting is devoted to discussion or consideration of items of business that have or have not previously been before the City Council.

N. Staff Reports: This portion of the meeting provides the City Manager and staff the opportunity to give general comments, updates, and announcements.

O. Mayor and City Council Reports: This portion of the meeting provides the City Council the opportunity to give general comments, announcements, or informational reports on any item not on the agenda. These matters may not be discussed or deliberated.

P. Closed Session Report: At an Open Session following a Closed Session, the body must report on final action taken in Closed Session under specified circumstances.

Q. Adjournment: It is the policy of the City Council that that all evening meetings of the City Council, including special meetings and workshops, be adjourned no later than 10:30 p.m., which time is referred to as the normal time of adjournment.

VIII. AGENDA PROCESS

In order for both the City Council and City staff to be adequately prepared to discuss City business during City Council meetings, items for discussion shall be placed on the agenda in accordance with established C it y Council agenda deadlines and in compliance with the Brown Act. Generally, items not on the agenda cannot be discussed or considered during a City Council meeting. This section of the policy discusses how to place items onto the agenda, agenda setting, preparation and distribution.

A. Preparation, Distribution and Posting

1. Agenda Items: In conjunction with City staff, the City Manager shall have the primary responsibility for preparing the City Council agenda and placing matters on the agenda in accordance with identified City needs and scheduling.

a. In the event an item is brought to the attention of the City Manager that requires immediate City Council attention after the agenda setting meeting and before the agenda is distributed, the City Manager will determine the need for the item to be added to the agenda.

440 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings

2. Agenda Review Meeting: Prior to release and posting of a final City Council agenda, an agenda review meeting shall be held by the City Manager with the City Attorney and the Mayor, or another member of the City Council designated by the Mayor, to serve in their absence. The proposed agenda shall be reviewed at this meeting.

3. Agenda Preparation: Not later than the Thursday prior to the City Council meeting,
the City Manager is responsible for preparing the agenda packet, which shall include the agenda plus all its corresponding duplicated agenda items. No item shall be
considered if not included in the packet, except that a correction or supplement to an item already included in the packet may be considered in accordance with the Ralph M. Brown Act.

4. Agenda Distribution and Posting: Not later than the Thursday prior to the City Council meeting, the City Manager is responsible for distributing the agenda packet to each member of the City Council. Staff shall post each agenda at least 72-hours in advance of the meeting and shall post each agenda of a special meeting at least 24- hours in advance of the meeting on the official bulletin boards at City Hall and on the City's website.

5. Non-Agenda Items Requiring Immediate Action: Matters requiring City Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. In accordance with the Ralph M. Brown Act, off-agenda items requiring City Council approval will not be considered by the City Council except under the following two circumstances:

a. An emergency situation exists, as defined in the Government Code; or,

b. The City Council determines by a two-thirds (2/3) vote, or by a unanimous vote if less than two-thirds of the Council is present, that:

• There is a need for immediate action, and
• The need to take action on the item arose after the posting of the agenda.

If the City Council finds that the need to take action arose subsequent to the agenda posting, pursuant to the criteria above, it shall make those findings by separate motion, including the factual reasons supporting the findings.

The findings shall be reflected in the City Council minutes.

441 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings IX. VOTING

A. Obtaining the Floor: Any Councilmember wishing to speak must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any Councilmember who seeks the floor when appropriately entitled to do so.

B. Voting Procedure: Any vote of the City Council, including a roll call vote, may be registered by the members by answering "Yes" or “Aye” for an affirmative vote, "Abstain" for an abstention, or "No" or “Nay” for a negative vote upon the member's name being called by the City Clerk; or an electronic vote may be registered by pressing the Councilmember button for an affirmative vote, an abstention, or a negative vote, upon a vote being called for by the Presiding Officer.

Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the item carried or was defeated. The same shall be recorded in the minutes as the vote. The Presiding Officer in his or her discretion may publicly explain the effect of a vote for the audience, or may direct a member of the staff to do so before proceeding to the next item of business.

C. Disqualification for Conflict of Interest: Any Councilmember 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 Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission by the Presiding Officer to step down from the Council dais. A Councilmember 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.

D. Failure to Vote: Every Councilmember should vote unless disqualified by reason of a conflict. The vote of a Councilmember who abstains absent a disqualifying conflict of interest shall be counted with the majority vote of the quorum on the question voted upon.

E. Tie Vote: Any proposed measure that receives a tie vote from the members of the City Council shall be considered lost and may be reconsidered.

F. Changing Vote: A Councilmember may change his or her vote only if the Councilmember makes a timely request to do so immediately following the announcement of the

442 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings vote by the City Clerk and prior to the time that the next item in the order of business is taken up.

G. Reconsideration: A motion to reconsider the vote on any action taken by the City Council at either this meeting or a previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

H. Point of Order: An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration.

I. Continuance of Discussion or Hearings: Any item being discussed or any public hearing at a City Council meeting may, by order, notice, or motion, be continued or tabled to any subsequent meeting.

J. Rosenberg's Rules of Order: Rosenberg's Rules of Order have been adopted by the City Council and shall apply in all cases.

K. Disclosure of Ex Parte Contacts: An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council receives information, oral, written, or otherwise, pertaining to that matter outside the public meeting. (Reference City Council Policy No. 116- Procedure for Disclosure of Ex Parte Contacts)
X. MOTIONS
Motions
are the vehicles for decision making by a body. It is normally best to have a motion before the body prior to commencing discussion of an agenda item. There are three motions that are the most common and recur often at meetings:

1. The basic motion. The basic motion is the one that puts forward a decision for the body's consideration.

2. The motion to amend. If a Councilmember wants to change a basic motion that is before the body, they would move to amend it.

3. The substitute motion. If a Councilmember 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.

Motions
may be made by any member of the City Council, including the Chair. Any member of

443 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings the City Council may second a motion. (Reference Rosenberg's Rules of Order for a more detailed discussion on motions in general and sample motions.)

A. Procedure for Motions: The following is the general procedure for making motions:

1. The item is presented by staff or others followed by questions and discussion by Councilmembers.

2. A Councilmember who wishes to make a motion shall first obtain the floor.

3. A Councilmember who wishes to second a motion shall do so through a request to the Chair.

4. Before a motion can be discussed, it shall be seconded.

5. Once a motion has been properly made and seconded, the Chair shall open the matter for further discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer.

6. Once the matter has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, provided, however, any Councilmember may be allowed to explain his or her vote prior to the vote being cast.

B. Amendments to Motions: As previously discussed, when a motion is on the floor and an amendment is offered, the amendment shall be acted upon prior to acting on the main motion. No motion of a subject other than the agenda item under consideration shall be admitted as an amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. Action shall be taken on the amended amendment prior to any other action to further amend the original motion.

XI. PUBLIC HEARINGS/ORDINANCES & RESOLUTIONS

A. Except as provided otherwise by law, public hearings shall generally be conducted as follows:

1. Scheduled public hearings shall commence at 6:00 p.m. or as soon thereafter as possible.

2. Speakers are encouraged to complete a Speaker Request Slip; however, a

444 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Speaker Slip is not required in order to speak.

3. At the beginning of each public hearing item, the Presiding Officer shall announce the item for the public hearing, request that staff present the staff report and any other relevant evidence, and open the public hearing. The presentation of the staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing.

4. Following the staff report and opening of the public hearing, the Presiding Officer shall thereupon call upon the proponent (if other than staff) to present his or her presentation. Thereafter, the Presiding Officer shall inquire as to whether there are
any persons present who desire to address the City Council on the matter. Any person desiring to speak or present evidence shall then make their presence known to the Presiding Officer and, upon being recognized by the Presiding Officer, may speak or present evidence relevant to the subject matter being heard.

5. The applicant/appellant, and/or their representative shall speak first and shall have a sufficient amount of time to do so, any portion of which may be reserved and used for rebuttal.

6. Each member of the public wishing to address the City Council, other than the applicant/appellant, shall then be allowed to address the City Council and shall have three (3) minutes to speak. Prior to declaring the public hearing open, however, when necessary because of the number of possible speakers, the Presiding Officer may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks,
as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the record.

7. Councilmembers who wish to ask questions of the speakers, staff or each other, during the public hearing portion, may do so only after being recognized by the Presiding Officer in the manner set out in this policy.

8. Councilmembers should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration.

Councilmembers should avoid debate and expressions of personal opinion until after
the close of the public hearing.

9. Following the conclusion of such questions, the Presiding Officer shall allow the

445 of 460
AMENDED: October 5, 2021

ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings applicant/appellant the opportunity for rebuttal.

10. Following the rebuttal, the Presiding Officer shall close the public hearing and then allow each Councilmember to state his or her opinion on the item before asking for a motion to decide the matter.

11. Upon closing the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the City Council without reopening the public hearing through the Presiding Officer with consensus of the City Council.

12. The Presiding Officer at all times shall conduct the public hearing in such a manner as to afford due process to all affected persons.

XII. MEETING DECORUM & CONDUCT

Meetings of the City Council shall be conducted in an open and orderly manner and in an environment safe for all persons in attendance to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is retained at all times. The Presiding Officer shall be responsible for maintaining the order and decorum of meetings.

This policy is not intended to deprive any person of his or her right to freedom of expression, but only to maintain, to the extent possible and reasonable, a safe and conducive place to conduct public business.

A. Conduct:

1. Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of obscene, lewd, loud, threatening, repeatedly irrelevant or repetitious, or abusive language, including clapping, whistling, yelling, stamping of the feet, or other acts which disturb, disrupt, impede, or otherwise render the orderly conduct of the City Council meeting infeasible. A member of the audience engaging in any such conduct may, after warning by the Presiding Officer, at the discretion of the Presiding Officer or a majority of the City Council, be subject to removal from the meeting.

2. Persons in the audience will refrain from creating, provoking, or participating in any type of disturbance involving unwelcome physical contact.

3. Noise emanating from the lobby outside the Council Chambers which is audible within the Chambers shall not be permitted. The Sergeant-at-Arms is authorized to enforce this rule by requesting those in the lobby to remain silent or to leave the area.

446 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings B. Authorized & Designated Areas:

1. No person shall stand or sit in the aisles. No person shall block any doorways or exits.

2. No person except City officials shall be permitted within the platform area in front of the City Council dais without the prior consent of the Presiding Officer or City Manager.

C. Signs, Objects, or Symbolic Material:

1. Placards, signs, and posters may be brought into the Council Chambers unless such objects disturb, disrupt, impede or otherwise render the orderly conduct of the Council meeting infeasible, or block the view of any other person in attendance, in which case such placard, sign, or poster shall, at the discretion of the Presiding Officer or a majority of the Council, be moved to a different location or removed from the Chamber.

2. Packages, bundles, suitcases, or other large or potentially dangerous objects shall not, without the prior authorization of the Presiding Officer or City Manager, be brought into the City Council Chamber and are subject to search to determine that
they do not pose a threat or as otherwise requested by the Sergeant-at- Arms.

D. Service Animals: Except as otherwise allowed by the City Council, no animals except for service animals shall be brought into the Council Chambers.

E. Photography/Videography: Photographs, audiotapes, and videotapes may be taken from the rear of the Council Chambers or from any seat within the Chambers, as long as such activity does not disrupt or disturb the audience, public speakers, Councilmembers or others on the dais, and interfere with the orderly conduct of the meeting. When a filming area has been designated by the Fire Marshal or Sergeant- at-Arms, filming shall occur in that area only. The Fire Marshal or Sergeant-at-Arms may designate an area for credentialed media only.

F. Cellular & Electronic Devices: Persons in the audience will refrain from using cellular phones and/or pagers while the City Council meeting is in session.

447 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings XIII. ENFORCEMENT
A. Sergeant-at-Arms: The Chief of Police or designee shall be the ex-officio Sergeant-at- Arms of the City Council. The Sergeant- of-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Any Councilmember may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the Council.

B. Violations: Upon a violation of the Rules of Procedure and Order established herein, the procedure to enforce the rules are as follows:

1. Warning: The Presiding Officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the Presiding Officer, the person persists in violating the rules, the Presiding Officer shall order a recess.

The Sergeant-at-Arms is authorized to warn the person that their conduct is violating the rules and that they are requested to cease such conduct. If upon resumption of the meeting the violation persists, the Presiding Officer may order another recess whereupon the Sergeant-at-Arms shall have the authority to order the person removed from the meeting and/or citied in violation of Penal Code Section 403.

2. Motion to Enforce: Any Councilmember may call a Point of Order should the City Council fail to abide by the provisions of this policy, whereupon the City Council shall immediately act upon the Point of Order by roll call vote. If the Presiding Officer fails to enforce the Rules of Procedure and Order set forth herein, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority
may designate another member of the
City Council to act as Presiding Officer for the remainder of the meeting, for the limited purpose of enforcing the rules established herein.

3. Clearing the Room: Pursuant to Government Code section 54957.9, in the event that any meeting is willfully interrupted by a group of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, the Presiding Officer may order the room cleared and the meeting shall continue in session.

Only
matters appearing on the agenda may be considered in such a session.

Credentialed representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held

448 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings pursuant to Section 54957.9.

4. Violation of California State Law: A person or persons who willfully and intentionally impair or impede the conduct of a City Council meeting by violating these Rules of Procedure and Order may be prosecuted under California Penal Code section 403, California Elections Code section 18340, or any other applicable State law for disturbing a public meeting.

XIV
. PROCEDURAL MATTERS
A. City Council Seating Arrangement: The seating arrangement of Councilmembers on the dais is at the prerogative of the Mayor. ·
B. Signing of Meeting Documents: The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating official signature which were adopted in their presence, unless unavailable, in which case the signature of the Vice-Mayor may be used.

C. Copy of Recordings: The public may obtain from the City Clerk a copy, at cost, of an existing recording made by the legislative body of its public sessions.

D. Ceremonial Matters: There are several different types of action the City Council may take to provide recognition or express appreciation:

1. Certifications of Appreciation or Recognition: Commendations are typically issued to acknowledge the activities of a person or organization.

2. Proclamations: Public announcements directing attention to a person, organization, event, or cause. Proclamations will be issued subject to the policy described below.

E. Proclamations: It is the policy of the City Council to issue proclamations for certain individuals, organizations, events, or causes, when such a proclamation positively impacts the community and conveys an affirmative message to residents.

1. Discretion should be used in determining whether or not to issue a proclamation.

Proclamations that are political in nature, are controversial, or that likely would not enjoy a high level of community interest and support, are discouraged.

2. It is the policy of the City Council to process requests for proclamations in the following manner:

449 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings a. Requests for proclamations will be made through the Mayor's Office; b. If the Mayor determines that the proclamation request is consistent with the policy stated above, the Mayor will direct his or her staff member to prepare the proclamation and the proclamation will be issued.
c. Upon receipt of the draft proclamation language, the Mayor will direct the City Manager to place the item on a meeting agenda depending on the nature and time-sensitive nature of the request.

XV. SO

CIAL MEDIA
Wit
h the ever-growing use of social media, the City Council and City staff should be aware that comments, statements, opinions, etc. are still subject to the same restrictions identified in the California Government Code, including but not limited to (the Brown Act and the Public Records Act). While the City of National City strives to maintain community involvement and transparency in its government functions, certain State and local laws must be considered and kept in mind while using social media platforms. Social media platforms such as Facebook, Twitter, and·
others can be viewed by other people including other Councilmembers.

Councilmembers are encouraged to check the information they provide for accuracy.

Mul
tiple Councilmembers cannot comment on the same conversation, as that can create a "serial meeting" of the City Council and is a direct violation of the Brown Act. If Councilmembers communicate on social media about "City business", as defined in City Administrative Policy No. 02.06, any such communication may be released to the public upon request.

Councilmembers should refrain from stating personal opinions on matters being brought before the City Council including, but not limited to: personal opinions on topics, declarations on how an official intends to vote for an item, debating with citizens on items, or presentation of the Councilmember's argument in support or opposition of an item, as those could be considered violations of the Brown Act, which can result in criminal and civil liabilities for the official.

Counci
lmembers should always maintain professionalism and common courtesy in posts and comments when commenting in their official capacity and should remain neutral in postings to prevent the interpretation that a decision has already been made outside of an open meeting, in violation of the Brown Act. Councilmembers should also be aware that there is inherent personal civil liability risk on all comments they make outside of official meetings.

For example, if a Councilmember "blocks" a social media user, or deletes a comment from a

450 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings social media user, the Councilmember risks violating the social media user's First Amendment rights.

Counci
lmembers should not use their official positions to make negative posts, voice personal opinions, etc. against any individual, business, entity, etc., as that could create negative feedback for the official and City and could potentially subject the official to personal civil liability for slander, defamation of character, or other civil remedies that could be determined by a court. Councilmembers should also refrain from using aliases or having fake profiles on social networking sites.

Cit
y Councilmembers and staff shall not use any official City media site, including but not limited to the City's Facebook page, the City's Twitter accounts, or to any other City media outlet for personal reasons or personal gain.

IV. POLICY INTERPRETATION & APPLICABILITY
The Policy and Rules of Procedure and Order set forth herein shall be liberally construed to effectuate their purpose and no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, nor the legality thereof otherwise affected, by the failure or omission of the City Council to technically comply with, observe, or otherwise follow such rules.

Any provision of these rules not already governed by City ordinance or State law may be suspended by a majority vote of the City Council.

The
rules set forth herein shall apply to all meetings of the City Council subject to the Brown Act and shall apply to the Council Chamber or any other location where a meeting subject to these rules takes place. In the event of any inconsistency between these rules and State law or regulation, State law or regulation shall apply.

IV.

DEFINITIONS
Abstai
n To publicly refrain from voting usually because of a conflict interest.

Adj
ourn A privileged motion to officially close a meeting. A second is required and a majority vote is required to adopt it.

Call to Order An anno uncement by the Presiding Officer to convene a meeting.

Conse
nt Calendar The routine parts of the agenda which are approved without discussion or dissent.

451 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Decorum To conduct oneself in a proper manner.

Dire Emergency When a majority of the legislative body determines that a dire emergency exists, it may call an emergency meeting (Government Code Section 54956.5(a)(2) ). A dire emergency, is defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body.

Emergency Meeting When a majority of the legislative body determines that an emergency situation exists, it may call an emergency meeting (Government Code Section 54956.5). An emergency is defined as work stoppage, crippling activity , or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.

Legisla
tive Body City Councilmembers are legislators. Together, the members of the City Council constitute a legislative body that is given authority by the State constitution and State law to make local law.

Meet
ing Includes any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, r deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.(Government Code § 54952.2(a).)

Minutes The official record of wh at is done at a meeting.

Moti
on The vehicles for decision-making by a body used with a vote to indicate approval, denial, adoption, or direction.

Ordinance A C ity law that generally requires two separate meetings and typically becomes effective thirty days after adoption.

Parliamentarian One who advises the Officers, Committees, and Council Mem
bers on matters regarding parliamentary procedure.

452 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Policy The opinions, philosophy, or practices that are adopted by an organization.

Public Hearing Items that are publicly noticed for a specific City Council meeting date, as generally required by law, and are designed to receive separate public input on a specific matter.

Point of Order An interruption of a meeting to question whether rules or bylaws are being broken .

Presiding
Officer The officer conducting the meeting; Chair or Chairman.

Publ
ic Hearing A noticed public session to receive original evidence or testimony on applications regulated by this title. Scheduled public hearings shall be commenced at 6:00 p.m. or as soon thereafter as possible.

Quorum The minimum number of members who must be present at a meeting to transact business legally.

Ralph M. Brown Act The Ralph M. Brown Act, commonly known as the "Brown Act," governs meetings conducted by local legislative bodies, such as Boards of Supervisors, City Councils and School Boards. The Act represents the Legislature's determination of how the balance should be struck between public access to meetings of
multi-member public bodies on the one hand and the need for confidential candor, debate, and information-gathering on the other. The purpose of the Brown Act is to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies.

Recess A p eriod of time longer than twenty (20) days without a regular or special meeting of the Council.

Resolut
ion A legislative or other type of action providing for the disposition of a particular item of business. Resolutions take effect upon passage by a majority vote of the City Council unless other law imposes a later effective date.

Rosenberg's Rules of Order Written rules of parliamentary procedure which govern a meeting.

453 of 460
AMENDED: October 5, 2021
ADOPTED: December 13, 1983
POLICY #104
TITLE: Rules of Procedure and Order for City Council Meetings Sergeant-at-Arms The Chief of Police or his or her designee shall be the ex-officio Sergeant-at-Arms of the City Council.

Special Meeting In contrast with a regular meeting, a meeting called for a particular purpose that is stated when the meeting is called.

SECTION XVIII. RELATED POLICY REFERENCES
Related Policy References
• National City Municipal Code, Chapter 2.04
• National City Municipal Code, Title 16
• Ralph M. Brown Act
• Rosenberg's Rules of Order
• City Council Policy No. 102 - City Council Meeting Times • City Council Policy No. 103 - Special Council Meetings • City Council Policy No. 105 - Off Agenda Items and Placing Non-Agenda Items on the Agenda • City Council Policy No. 106 - Preparation of City Council Meeting Minutes • City Council Policy No. 113 - Unauthorized Disclosure of Information Revealed in Closed Sessions
• City Council Policy No. 116 - Procedure for Disclosure of Ex Parte Contacts • Administrative Policy No. 02.06- Public Records Act Affecting Personal Electronic Devices & Accounts of City Users
Prior Policy Amendments
June 11, 2013 (Revised – removed Robert’s Rules of Order and replaced with Rosenberg’s Rules
of Order) Per meeting minutes
October 8, 2013 (Resolution No. 2013-147)
April 2, 2019 (Resolution No. 2019-37)
August 18, 2020 (Resolution No. 2020-152)

454 of 460
AMENDED: October 8, 2013
ADOPTED: March 12, 1996
POLICY # 113
TITLE: Unauthorized Disclosure of Information Revealed in Closed Session
Purpose
To establish a policy to prevent the unauthorized disclosure of information revealed in closed sessions of the City Council, and to provide remedies in the event of any such unauthorized disclosure.

Policy
No person present in a closed session shall disclose , outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one of more of the following actions, as directed by a majority of the City Council:

1. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1098.

2. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1222.

3. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 3060.

4. Referral of a C ouncilmember who has willfully disclosed confidential information in violation Government Code section 54963 to the grand jury.

5. Obtaining an injunction to prevent further unauthorized disclosure of information revealed in a closed session.

6. In the event an unauthorized disclosure is committed by a member of the City Council, that Councilmember may be censured by a majority vote of the City Council. Prior to imposing censure, the Councilmember subject to censure shall be provided 10 calendar days' notice of the City Council's intention to impose the censure, and be given an opportunity to respond to the proposed censure.

7. In the event an unauthorized disclosure is committed by a member of the City staff , that staff member may be subject to disciplinary action.

Thi
s policy shall not prohibit the making of a public report of actions taken in a closed session as required by Government Code Section 54957.1.

Related Policy References
City Council Policy #104

ATTACHMENT C
455 of 460
AMENDED: October 8, 2013

ADOPTED: March 12, 1996
POLICY # 113
TITLE: Unauthorized Disclosure of Information Revealed in Closed Session
Government Codes 1098, 1222, 306, 54957.1, 54963
City Attorney Memorandum: Original Feb. 29, 1996. Revised Jan. 7, 2013 (attached)

Prior Policy Amendments:

March 12, 1996 (Resolution No. 96-29) Establishing Policy October 8, 2013 (Resolution No. 2013-147)

=MEMORANDUM===

456 of 460
AMENDED: October 8, 2013

ADOPTED: March 12, 1996
POLICY # 113
TITLE: Unauthorized Disclosure of Information Revealed in Closed Session

George H. Eiser, Ill Revised January 7, 2013
City Attorney Claudia G. Silva
City of National City City Attorney
February 29, 1996 City of National City

PUBLIC DISCLOSURE OF INFORMATION DISCUSSED IN
CLOSED SESSION: POSSIBLE REMEDIES

Prohibited by the Brown Act - Improper to Disclose
• A person cannot disclose information discussed in closed session without authorization of the City Council. Government Code section 54963.

Remedies under Government Code Section 54963
(c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to:

(1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section.

(2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section.

(3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury."

City May Not Enact Criminal Ordinance
• California Attorney General has held that a city may not adopt an ordinance making it a misdemeanor for any person present during a closed session of the city council meeting to publicly disclose the substance of any discussion properly held during the session unless authorized by the city council. (76 Ops. Cal. Atty. Gen 289 (1993).)

Additional Possible State Law Violations
• Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a misdemeanor. (Government Code §1098.)

457 of 460
AMENDED: October 8, 2013

ADOPTED: March 12, 1996
POLICY # 113
TITLE: Unauthorized Disclosure of Information Revealed in Closed Session
• Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor. (Government Code §1222; Adler v. City Council of the City of Culver City (1960) 184 Cal. App. 2d 763, 7 Cal. Rptr. 805.)

• An accusation in writing against any officer of a district, county, or city, including any member of the governing board of personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors. (Government Code §3060.)

Injunction
• An injunction may be obtained to prevent future public disclosure of information discussed in closed session. (Government Code §54960; Sacramento Newspaper Guild v. Sacramento County Board of Supervisors (1968) 263 Cal. App. 2d 41, 69 Cal. Rptr. 480.)

Censure
• Although there is no specific statutory or case authority for censure of a city councilmember, one reported decision (Braun v City of Taft (1984) 154 Cal. App. 3d 332, 201 Cal. Rptr. 654 involved the censure of a councilmember by a city council for release of city documents claimed to be confidential. The court set aside the censure action, finding that the documents released were in fact not confidential. If censure for public release of information discussed in closed session is to be imposed, the city council should have previously adopted clear, unambiguous rules of conduct which specifically authorize censure for such conduct. The individual subject to censure must also have notice and the opportunity to be heard before the censure is imposed.

Under the First Amendment, censure is not appropriate for expansion of unpopular views, unless their expression substantially disrupts the council meeting. (Richard v.

City of Pasadena (1995) U.S. Dist. Ct. C.D. Cal.)

458 of 460

The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager)
Please scroll down to view the backup material.
459 of 460
Item # ___
04/19/22
City Manager Report

(City Manager)
460 of 460