Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page1
AGENDA REPORT
TO: City Council FROM: Nikki Fortunato BasMembers of the Public Councilmember, District 2 SUBJECT: Amended Council Rules of Procedure DATE: January 5, 2023
RECOMMENDATION
I respectfully recommend that the City Council: Adopt a RESOLUTIONAMENDING ANDRESTATING THE COUNCIL’S RULES OF PROCEDURE IN THEIR ENTIRETY TO, AMONGOTHER THINGS:1. RESCIND THE COUNCIL’S TEMPORARY RULES OF PROCEDURE FOR THECONDUCT OF MEETINGS DURING THE STATE OF EMERGENCY RELATEDTO THE COVID-19 PANDEMIC;2. CHANGE THE TIMES FOR COMMENCING AND ENDING REGULARCOUNCIL MEETINGS TO MINIMIZE LATE-NIGHT MEETINGS AND INCREASEPUBLIC ACCESS AND PARTICIPATION;3. HELP ENSURE THAT NEW ITEMS HAVE BEEN PROPERLY VETTED BEFORETHEY ARE SUBMITTED FOR SCHEDULING, TO INCREASE EFFICIENCY;4. UTILIZE GENDER-INCLUSIVE LANGUAGE IN ACCORDANCE WITH THECITY’S VALUES AND POLICY; AND5. MAKE NON-SUBSTANTIVE, TECHNICAL EDITS TO MAKE THE COUNCIL’SRULES OF PROCEDURE EASIER TO NAVIGATE AND UNDERSTAND.
EXECUTIVE SUMMARY
City Charter Section 210 mandates Council establish Rules of Procedure for conduct ofmeetings and order of business. The Council Rules of Procedure (Council Rules) were lastupdated in 2018. Temporary Council Rules were adopted in 2020 and 2022 to address Counciloperations during COVID-19.
With the State of California Declaration of a State of Emergency set to expire on February 28,2023, and AB 2449 requiring a return to in-person meetings by March 1, 2023, it is time toamend and restate the Council Rules.
Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page2 These amendments seek to ensure:● opportunities for public access and participation,● greater transparency in the legislative process,● gender-inclusive language, and● more clarity so that the Rules are easier to navigate and understand.
Thank you to the Offices of the City Attorney, City Clerk and City Administrator for your input inthese amendments, and partnership in planning our return to in-person meetings. Thanks alsoto members of the public who have shared feedback and public comments on access andparticipation in our Council meetings. I look forward to discussion and feedback on January 19that the Rules & Legislation Committee meeting.
BACKGROUND / LEGISLATIVE HISTORY
City Charter Section 210 mandates Council establish Rules of Procedure for conduct ofmeetings and order of business. The Council Rules of Procedure (Council Rules) were lastupdated in 2018 with Resolution No. 87044 CMS. Temporary Council Rules were adopted asfollows to address Council operations during COVID-19: Res. No. 88113 CMS (2020), Res. No.88266 CMS (2020) and Res. No. 89432 CMS (2022). In 2021, Council amended the Rules toaddress high stakes negotiations with Res. No. 88785 CMS. The following amendments seek to ensure:● opportunities for public access and participation,● greater transparency in the legislative process,● gender-inclusive language, and● more clarity so that the Rules are easier to navigate and understand.
These amendments propose that Council shall meet in regular session on the first and thirdTuesdays of the month, commencing at4:00 p.m. inthe Chambers of City Hall; and meetingsshall conclude no later than 10:00 p.m., unless theCouncil passes a motion by an affirmativevote of five (5) Councilmembers to extend the time for the meeting.Council meetings shall behybrid, allowing the public to participate via Zoom.
Rule 3 – Definition of Terms
The following definitions are added:
● Informational Itemshall mean an agenda item consistingonly of an informational reportthat does not require or permit Council action.● Advisory Resolutionshall mean a resolution solelyintended to proclaim the Council’ssupport for or opposition to actions being taken or contemplated by another authority ororganization, or to recognize the achievements of an individual or organization, or similar Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page3 resolution that requires little or no further action by the City to effectuate the intent of theresolution.● Non-Advisory Resolutionshall mean any resolutionthat is not an Advisory Resolution.A Non-Advisory Resolution is a resolution that requires substantial action orimplementation by the City to effectuate the intent of the resolution, or requiressubstantive review by the City Attorney.● Consent Calendarshall mean the portion of a Council agenda designated for thediscussion and consideration of Consent Items.● Non-Consent Calendarshall mean the portion of a Council agenda designated for thediscussion and consideration of Non-Consent Items.● Special Meetingshall mean a meeting of the Council or of a Standing Committeeoccurring on a date and time other than the regular, established time for that meeting.● Council-Approved Meeting Calendarshall mean a scheduleof Council and StandingCommittee meetings for the calendar year, (1) which shall be approved and may beamended by Council resolution, (2) which reflects Regular Meetings for the year, as wellas any cancellations or variations due to foreseeable events such as City holidays,Council recesses, and 5 th
Tuesdays, and (3) whichshall include key deadlines forsubmitting agenda materials (see Rule 26).● Scheduling Request Formshall mean the form attachedhereto as Attachment A,which shall be used to request scheduling a proposed agenda item by the Rules andLegislation Committee to help ensure the timely and orderly submission and schedulingof suchrequests.● Agenda Report Templateshall mean the template attachedhereto as Attachment B,which shall be used to generate reports to accompany ordinances and Non-AdvisoryResolutions in accordance with Rule 26(D).
Rule 4–Standing Committees
Public Works shall be renamed: Public Worksand TransportationCommittee Under the Temporary Council Rules during COVID, Committees meet on the second and fourthMondays and Tuesdays. These amendments wouldgo backto the pre-COVID meetingschedule with five Committee meetings on Tuesdaysand keeping Rules Committee onThursdays.
The Regular Meetings of the Standing Committees shall be as follows:● The Second and Fourth Tuesdays○ Finance and Management Committee at 9:30 a.m.○ Public Works and Transportation Committee at 11:30 a.m.○ Community and Economic Development Committee at 1:30 p.m.○ Life Enrichment Committee at 4:00 p.m.○ Public Safety Committee at 6:00 p.m.
Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page4 ● Thursdays (weekly)○ Rules and Legislation Committee at 10:30 a.m.
TheEducationPartnershipCommitteeandtheCity-PortLiaisonCommitteeshall meetat the discretion of the respective committee chairs or as determined by the Council.
Meetings of committees also shall be noticed as Special Meetings of the Council inlight of thepossibilitythatamajorityoftheCouncilmembersmayattendandparticipatein the meeting.
Rule 7–Order of Business at Council meetings
The “Order of Business at Council Meetings” was moved from “Resolved” clauses. Please notethat adding this new Rule 7 renumbers former Rules 7 through 15. Changes to the Order ofBusiness, from the pre-COVID Council Rules, areunderlinedbelow. Moving CouncilAnnouncements and Open Forum to the end of the meeting allows Council to consider theConsent and Non-Consent Calendars sooner, and has been the practice during COVID. ThePledge of Allegiance is removed as a requirement; Council may begin the meeting in differentways such as with a Land Acknowledgement, LoveLife acknowledgement, another opening ornone at all.
Subject to the discretion of the Council President or presiding officer,the order ofbusiness for Council meetings shall be as follows:
1. Call to Order by Council President2. Roll Call3. Action on Special Orders / Presentations of the Day (with accompanying agendamaterials as required by Sunshine Ordinance)a. Ceremonial presentations, including proclamations, individual recognitions,etc.; andb. Reports / presentations from the Mayor.4. Approval of Council minutes5. Modifications to the Agenda and Procedural Items, including but not limited toa. Requests from Councilmembers to pull an item from the Consent Calendarand reschedule as Non-Consent Item on the same City Council meetingagenda.b. Requests by Councilmembers to speak on an item on the ConsentCalendar or to register a “No” vote or Abstention on an item on the ConsentCalendar.c. Requests by Councilmembers to change the order of the items on theConsent Calendar or the Non-Consent Calendar, or to defer items or makeother modifications to the agenda.
Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page5 d. Announcements by the Presiding Officer of changes in the order of theagenda, deletion or deferral of items or other modifications to the agendae. Motion for Members’ Requests for Reconsideration of Action the Counciltook at Immediately Preceding Meeting (In order to make motion, Membermust have voted on “prevailing side”.)f. Members’ Requests for Scheduling of Items considered by Committee butnot forwarded to Council to be scheduled to the next City Council meeting.Scheduling of such items requires only a motion and a second pursuant toRule 8.6. Adoption of items on the Consent Calendar (after hearing public speakers andCouncilmembers)7. Oral Report of Final Decisions in Closed Session by City Attorney and disclosureof non-confidential closed session discussion pursuant to Sunshine Ordinance,Oakland Municipal Code section 2.20.130 For Regular Meetings, action on Non-Consent Itemswill commence at5:00 p.m.,or as soon thereafter as reasonably practicable8. Consideration of items with statutory Public Hearing Requirements9. Action on Other Non-Consent Items10.Council Acknowledgements / Announcements (Note: Announcements are nolonger at the beginning of the meeting.)11. Open Forum(Note: Open Forum no longer commences for15 minutes at thebeginning of the meeting.)12.Adjournment –10 p.m.unless Council passes a motionby an affirmative vote offive (5) Councilmembersto extend the time for themeeting Rule 12–Speaker Cards and EComments
These proposed Council Rules would go back to allowing comments on each agenda item.Changes to deadlines for receiving speakers’ cards areunderlinedbelow.
Speakers' cards must be received by the City Clerk: (1) prior to Council action onModifications to the Agenda for items agendizedfrom5:30 to 6:30 p.m.before theNon-Consent Calendar, and (2)by 8:00 p.m. for itemsagendized for 6:30 p.m. orthereafterprior to the introduction of the firstConsent Item, unless consent to speak isgiven by the presiding officer or a majority of the Council.
Rule 13 – Open Forum
These amendments move Open Forum to the end of the meeting, and ceding time to otherOpen Forum speakers is not permitted. The time allotted for Open Forum speakers would revert Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page6 to the pre-COVID Council Rules –one (1) minute each to speak and a maximum of three (3)minutes, in the discretion of the presiding officer.
Rule 14–Time Limits for Public Speakers on Committeeand Council Agenda Items Time limits for public speakers would revert to the pre-COVID Council Rules described below,with the exception that these amendments propose that ceding time to other speakers is notpermitted for Consent Calendar or Open Forum speakers. ● Any member of the public who has submitted a speaker card pursuant to Rule 12 on anagenda item, other than open forum, shall be allotted a minimum of two (2) minutes peritem to speak prior to any vote or action by the Council or Committee. The presidingofficer may reduce each speaker’s allotted time to one (1) minute if they publicly state allreasons justifying any reduction in speaker time, which reasons shall be based at aminimum on consideration of the time allocated or anticipated for the meeting, thenumber and complexity of agenda items and the number of persons wishing to addressthe local body, and whether there will be sufficient time available during the meeting toconsider all agenda items if all speakers are allowed two minutes to speak.● All speakers on any one item shall be allocated the same amount of speaking time onthat item, unless the presiding officer approves ceded time or an organized presentation,or unless more time must be given to comply with due process or other legalrequirements or in circumstances where the Council is acting in a quasi-adjudicatorycapacity.● A speaker who submits their name to speak on four or more items (other than openforum) at aStanding Committee meetingmay be instructedto address all itemsconcurrently and shall be allocated 2 minutes per item up to a maximum of 10 minutes; ifthe presiding officer exercises their discretion to reduce each speaker’s time to one (1)minute, speakers who submit four or more speaker’s cards shall be allotted one (1)minute per item up to a maximum of 5 minutes.● If 20 or more speaker’s cards are submitted for theNon-Consent Calendar at aCouncil meeting,a speaker submitting their name tospeak on four or more items onthat portion of the agenda may be instructed to address all items concurrently and shallbe allotted two (2) minutes per item up to a total of ten (10) minutes.● Public speakers who sign up for multiple itemsbeforethe Non-Consent Calendar at aCouncil meetingwill be instructed to speak on all items at once and be given two (2)minutes to speak on each item up to a maximum of six (6) minutes.● Ceding Time.A speaker may extend their speaking timeif other speakers who havesubmitted their names to speak agree to cede their time to the recipient speaker. Therecipient speaker will receive one (1) minute speaking time from each ceding speaker,up to a maximum of five (5) minutes. At the presiding officer’s discretion, a speaker maybe allotted more than five (5) minutes based on ceded time. The recipient speaker mustsubmit the ceding speakers’ speaking cards, and the ceding speakers must be present Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page7 at the time the recipient speaker speaks.Ceding time to other speakers is not permittedfor Consent Calendar or open forum speakers.● Public speakers who sign up to speak on the Scheduling Items at the Rules andLegislation Committee will have one minute per scheduling request up to a maximum of5 minutes, provided that a public speaker’s total time for all items on the Rules andLegislation Committee agenda (excluding open forum) shall not exceed 10 minutes.
Rule 15–Presiding Officer’s Role Regarding PublicSpeakers The amendments add that the presiding officer may rule a public speaker out of order if theirremarksconstitute hate speech.
Rule 16 –Temporary Suspension of a Council Rule
The amendments add this new rule that:The Council may suspend one or more of these Rulesof Procedure, including Rule 14 (time limits for public speakers), on a temporary, ad hoc basisfor a single meeting only if the Council passes a motion by an affirmative vote of six (6)Councilmembers, including a finding or findings of necessity, provided the temporarysuspension otherwise complies with applicable law, including but not limited to the City Charter,Brown Act, and Sunshine Ordinance.
Rule 26–Procedure for Councilmember to Place Itemson an Agenda This is anew proposed rule intended to create moretransparency and clarity around thelegislative process. Currently, there is no uniformprotocol for timelines andinformation/analysis required for introducing legislation. The proposed amendment applies to allthose who introduce legislation: Councilmembers, City Administrator, City Attorney, and Mayor.The proposed procedure is summarized below:
A. Councilmembers, City Staff, City Attorney, and Mayor shall make all reasonable efforts tosubmit new proposals to an appropriate Standing Committee, rather than submitting theproposal directly to City Council, and are expected to plan accordingly. Councilmemberswho intend to make a motion to substantively modify legislation during a meeting shoulddiscuss their proposed modification with City staff and/or City Attorneyprior to themeeting,to allow for adequate input and advice. B. Requests for informational reports should be minimized and consistent with theCouncil-Approved Meeting Calendar (Attachment C) – due dates for reports to CityAdministrator (4 weeks before meeting), reports to Clerk and agenda distribution (10days before meeting).
Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page8 C. Legal and Fiscal Review of Ordinances and Resolutions a. Advisory Resolutions.Draft titles to City Attorneyat least two (2) full working daysprior to scheduling deadline. Substantive draft of Resolution to City Attorney atleast two (2) full working days prior to deadline for submitting legislation to Clerk. b. Ordinances and Non-Advisory Resolutions.Substantivedrafts to City Attorneyand City Administrator at least three (3) weeks prior to scheduling to facilitatelegal and fiscal review prior to scheduling. c. If the sponsor is unable to comply with guidelines because the legislationrequires immediate and urgent consideration, notice must be given to CityAttorney and City Administrator as early as possible, and the Rules Committeemay schedule the item only if the committee determines that item should bescheduled for specified reason, stated on the record.D. Sponsors of legislation shall submit a memorandum or report, substantially in the formatof and including information in the Agenda Report Template (Attachment B), and shall doso no later than the deadline for submitting legislation to the Clerk.
Rule 28–Procedure to Add, Remove Agenda Items
The proposed Council Rulesmaintainthe changes (underlinedbelow) in the Temporary Rules,which have been in place. To add/remove items after the Rules Committee has met and beforean agenda is published, or when there is no intervening Rules meeting to add/remove an item,the Sponsor must request and receive authorization from: Rules Chair, Council President andeither Mayor and/or City Administrator; for StandingCommittee agendas, authorization mustalso be received from committee’s chair. Requests must be emailed to the City Administrator by12pm the day before agenda publication.
Rule 29–Tie-Breaking Votes by Mayor
The proposed Council Rulescodifythe relevant provisionin Measure X, approved by voters inNovember 2022. If Councilmembers are evenly divided in their vote on an item, the Mayor willbreak the tie. For the purposes of determining whether the Mayor is eligible to cast atie-breaking vote, abstentions and absences shall count as a “No” vote, but a legally-requiredrecusal shall not count as a “No” vote.
Rule 31 – Code of Conduct
The Code of Conduct is moved from an appendix to the Rules to a new Rule 31, for easiernavigation and reference. The amendments provide greater clarification and are underlinedbelow: 5. Learn and study the background and purposes of important items of business beforevoting, including reviewing agendas and agenda materials,and reading eComments, Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page9 sufficiently in advance of meetings to allow for consultation and coordination with otherCouncilmembers, staff, legal counsel, and/or members of the public as permitted by law.
11. Faithfully attend all sessions of the Council unless unable to do so because ofdisability or some other compelling reason; and inform,as soon as possible, the CouncilPresident or Committee Chair when unable to attend a scheduled meeting, or needing toarrive late or leave early.
13. Abide by federal and state law, the City Charter, City legislation and City Councilpolicies.
Subsection 13is added to the existing duties in orderto harmonize the Code of Conduct withthe Censure Procedures (Rule 32(B).
Rule 31 – Censure of Councilmembers
The Censure procedures are moved from an appendix to the Rules to new Rule 32, for easiernavigation and reference.
ANALYSIS AND POLICY ALTERNATIVES
With the State of California Declaration of a State of Emergency set to expire on February 28,2023, and AB 2449 requiring a return to in-person meetings by March 1, 2023, it is time toamend and restate the Council Rules to prepare for a return of meetings to City Hall.
When discussing this proposal at the January 19, 2023 Rules and Legislation Committeemeeting, Council members may consider alternatives to the changes described above as wellas the timing of implementing such changes.
FISCAL IMPACT
The fiscal impact to adopting these amended Council Rules of Procedure will largely be relatedto returning to City Hall and conducting hybrid meetings with Council and staff in the CouncilChamber or hearing rooms, and members of the public joining in person and via Zoom. Thetech, equipment, and other related costs have already been incorporated into the budget andtech and equipment improvements to the Chamber and hearing rooms have been made.
PUBLIC OUTREACH / INTEREST
This item will be noticed at least 10 days in advance of its hearing at the January 19, 2023Rules and Legislation Committee meeting. The Committee will take EComments and publiccomments at the meeting. In addition, public comments made during Open Forum of past Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page10 Council meetings, as well as comments during hearings of other amendments to the CouncilRules, inform this proposal.
COORDINATION
Since last year, Council President Bas and former Rules Chair Sheng Thao have met severaltimes in an inter-department workgroup which consists of the City Administrator’s Office (CAO),Offices of the City Attorney (OCA) and the City Clerk. We have discussed planning forin-person/hybrid meetings of the Council, Boards and Commissions, and have been workingthrough issues of health and safety, security, technology and equipment, legal compliance,efficiency, and public access and participation. Input from other departments on these amendedCouncil Rules has been received through these meetings and one-on-one meetings.
The legislation was drafted with the Office of the City Attorney and was reviewed by the OCA.
SUSTAINABLE OPPORTUNITIES
This legislation would provide greater transparency and public participation in Council meetingsand the legislative process through: more opportunities to comment, including on individualagenda items and to cede time to other speakers; public participation in person and via Zoom;Council meetings starting later in the day with the Non-Consent Calendar being heard no earlierthan 5pm; and a clear procedure for placing items on the Council agenda.
Economic: Greater transparency and public participationin Council meetings and thelegislative process can result in increasing economic opportunities for Oaklanders, includingthose who have been most deeply impacted.
Environmental:Greater transparency and public participationin Council meetings and thelegislative process can result in increasing environmental sustainability for Oaklanders,including those who have been most deeply impacted.
Race & Equity:Greater transparency and public participationin Council meetings and thelegislative process can result in increasing racial equity for Oaklanders, when those who havebeen most deeply impacted are better able to share their experiences and opinions, and giveinput to legislation that affects them.
ACTION REQUESTED OF THE CITY COUNCIL
I respectfully recommend that the City Council: Adopt a RESOLUTIONAMENDING ANDRESTATING THE COUNCIL’S RULES OF PROCEDURE IN THEIR ENTIRETY TO, AMONGOTHER THINGS:2. RESCIND THE COUNCIL’S TEMPORARY RULES OF PROCEDURE FOR THECONDUCT OF MEETINGS DURING THE STATE OF EMERGENCY RELATEDTO THE COVID-19 PANDEMIC; Rules & Legislation CommitteeJanuary 5, 2023
Nikki Fortunato Bas, Councilmember, D2Subject: Amended Council Rules of ProcedureDate: January 5, 2023 Page11
3. CHANGE THE TIMES FOR COMMENCING AND ENDING REGULARCOUNCIL MEETINGS TO MINIMIZE LATE-NIGHT MEETINGS AND INCREASEPUBLIC ACCESS AND PARTICIPATION;4. HELP ENSURE THAT NEW ITEMS HAVE BEEN PROPERLY VETTED BEFORETHEY ARE SUBMITTED FOR SCHEDULING, TO INCREASE EFFICIENCY;5. UTILIZE GENDER-INCLUSIVE LANGUAGE IN ACCORDANCE WITH THECITY’S VALUES AND POLICY; AND6. MAKE NON-SUBSTANTIVE, TECHNICAL EDITS TO MAKE THE COUNCIL’SRULES OF PROCEDURE EASIER TO NAVIGATE AND UNDERSTAND.
For questions regarding this report, please contact Cinthya Munoz-Ramos, Chief of Staff toNikki Fortunato Bas, Councilmember, District 2 at [email protected].
Respectfully submitted,
Nikki Fortunato BasCouncilmember, District 2
Prepared by:Nikki Fortunato Bas, Councilmember, District 2 Attachments (5):1. Resolution - clean version2. Resolution - red-lined version3. (A) Scheduling Request Template4. (B) Agenda Report Template5. (C) 2023 Council Meeting Calendar Rules & Legislation CommitteeJanuary 5, 2023