CITY OF PACIFICA
CITY COUNCIL AGENDA
Civic Center - CDE Large Conference Room
1800 Francisco Blvd
Pacifica, CA 94044
Mayor Sue Beckmeyer
Mayor pro Tem Christine Boles
Councilmember Mary Bier
Councilmember Mayra Espinosa
Councilmember Greg Wright
City Council Study Session 1 May 17, 2025
SPECIAL MEETING – STUDY SESSION
May 17, 2025 (Saturday) - 9:00 AM
www.cityofpacifica.org
MEETING WILL BE HELD IN-PERSON ONLY
• Verbal Public Comments may be made in-person. For Special meetings, public comments are limited to items on the Agenda only.
• Written Public Comments:
BEFORE THE MEETING: Written public comments may be submitted in advance by email to:
[email protected]. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Meeting Date in the Subject Line • Include the submitter’s full name
Written public comments received by 12:00 p.m. on Friday, May 16, 2025 will be provided to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.
AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff. 9:00 AM OPEN STUDY SESSION
Call to Order
Roll Call
CITY COUNCIL GOVERNANCE TRAINING AND TEAM DEVELOPMENT
1. Facilitated Discussion on City Council as a Team and Possible Council Meeting and Other Governance-Related Modifications
PROPOSED ACTION: Conduct a facilitated discussion on the City Council as a team and review possible Council meeting and other governance-related modifications.
A. Workshop Overview
B. Public Comments (limited to Study Session agenda item only) -- No earlier than 9:30am C. Council Meetings
D. Council as a Team
E. Council Rules and Code of Ethics
ADJOURN
City Council Study Session 2 May 17, 2025
NOTICE: The City of Pacifica will provide assistance for disabled citizens upon at least 24 hours advance notice to the City Manager’s Office (650) 738-7301, or send request via email to:
[email protected] if you need sign language assistance or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.
The Pacifica Municipal Code is available online at the City’s website (www.cityofpacifica.org/municode);
HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:
Agendas are posted no later than Friday prior to the City Council meeting date, at the entrance to the City Hall location at 170 Santa Maria Avenue, Pacifica.
View on the Internet:
Follow the link to Council agenda, at www.cityofpacifica.org E-mail subscription:
Send a request to Sarah Coffey, at [email protected] City Clerk’s Office/City Manager’s Office
City Hall, 170 Santa Maria Ave.
Council meetings:
Agendas are available at the City Council meeting
HOW TO REACH YOUR GOVERNMENT OFFICIALS
• San Mateo County Supervisor Ray Mueller, District 3, 500 County Center, Redwood City CA 94063 (650) 363-4569
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313 • Assembly Member Marc Berman, 721 Colorado Ave, Suite 101, Palo Alto CA 94303 (650) 324-0224 • Congressman Sam Liccardo, 1117 Longworth House Office Building, Washington DC 20515 (202) 225-8104
• Senator Alex Padilla, 331 Hart Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Adam Schiff, SD-B40B Dirksen Senate Office Building, Washington DC 20510 (202) 224-3841 • President Donald J. Trump, 1600 Pennsylvania Ave. NW, Washington DC 20500
CITY COUNCIL
• Mayor Sue Beckmeyer, [email protected]
• Mayor pro Tem Christine Boles, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Mayra Espinosa, [email protected]
• Councilmember Greg Wright, [email protected]
CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
5/17/2025
1 SUBJECT:
Facilitated Discussion on City Council as a Team and Possible Council Meeting and Other Governance-Related Modifications
RECOMMENDED ACTION:
Conduct a facilitated discussion on the City Council as a team and review possible Council meeting and other governance-related modifications.
STAFF CONTACT:
Kevin Woodhouse, City Manager
650-738-7409
[email protected]
BACKGROUND/DISCUSSION:
For many years the City Council has conducted a Council governance training and teambuilding workshop focused on the City Council as a team and Council member roles and relationships.
With the move to district-based elections several years ago, and the recent election of two new Council members, this year’s retreat will focus primarily on Council roles and responsibilities, the City Council as a team, and Council meeting management and performance.
Facilitator Greg Larson, who has facilitated the Council’s strategic planning sessions for the last three years, has conducted interviews with each Council member, the City Manager, and the City Attorney. These interviews have narrowed the areas of focus and provided possible suggestions for City Council consideration and discussion. In addition, Mr. Larson will provide best practices and alternatives from other jurisdictions, where appropriate.
This discussion is intended to be less formal and more conversational than a regular Council meeting, and even more so than the Strategic Planning and Priority sessions. It will be important for individual Council members, as well as the City Manager and City Attorney, to listen to each other and explore opportunities and alternatives together.
Public comment on the day’s meeting is, of course, valued, and will be provided for at the beginning of the workshop. There will be a mid-morning break as well as lunch, which may be a “working lunch” if needed to conclude the workshop by early to midafternoon.
Attached is the current Council Rules and Code of Ethics as updated in 2023. It is provided as background information. There will be time at the end of the workshop for Council members to suggest possible modifications to the Council Rules and Code of Ethics based on the prior workshop discussions or otherwise.
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Pacifica City Council 2
May 17, 2025
FISCAL IMPACT:
There is no direct or immediate fiscal impact associated with the discussion of Council roles and responsibilities. However, clarity of process and improved collaboration should benefit all City operations.
ORIGINATED BY:
City Manager's Office
ATTACHMENT LIST:
Attachment A: Current City Council Rules and Code of Ethics (PDF) 1 Packet Pg. 4
CITY COUNCIL RULES
AND CODE OF ETHICS
Revised January 2023
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team- Table of Contents
Section 1. GENERAL RULES ............................................................................................................................................5 Section 2. OPERATION OF CITY COUNCIL MEETINGS.....................................................................................................5
1. Regular City Council meetings. ..............................................................................................................................5
2. Time Limit on Comments by the Public. ................................................................................................................5
3. Public Comments on Items Not on the Posted Agenda.........................................................................................5
4. Addressing the Council on Regular Agenda Items. ................................................................................................7
5. Public Hearings – Appeals......................................................................................................................................7 Section 3. PUBLIC DECORUM.........................................................................................................................................7 Section 4. CITY COUNCIL DECORUM..............................................................................................................................8 Section 5. ORDER OF THE AGENDA................................................................................................................................9 Section 6. REGULAR AGENDA ITEMS .............................................................................................................................9
1. Special Presentations.............................................................................................................................................9
2. Consent Calendar...................................................................................................................................................9
3. Public Comments on Items Not on the Posted Agenda.......................................................................................10
4. Council Communications. ....................................................................................................................................10
5. Council Considerations. .......................................................................................................................................10 Section 7. DELIBERATION AND VOTING.......................................................................................................................10
1. Order of Deliberation...........................................................................................................................................10
2. Expression of Council Viewpoints........................................................................................................................11
3. Call for Staff Report and Council Questions.........................................................................................................11
4. Council Deliberations...........................................................................................................................................11
5. Speaking Audibly..................................................................................................................................................11
6. Mayor’s Rights and Privileges. .............................................................................................................................11
7. Division of a motion.............................................................................................................................................11
8. Withdrawal of motion..........................................................................................................................................11
9. Correction of vote................................................................................................................................................11
10. Voting...................................................................................................................................................................12
11. Silence constitutes affirmative vote. ...................................................................................................................12
12. Abstention from vote...........................................................................................................................................12
13. Not participating..................................................................................................................................................12
14. Tie votes...............................................................................................................................................................12
15. Motion to reconsider...........................................................................................................................................12
16. Appeal from the decision of Mayor. ....................................................................................................................13
17. Getting the floor. .................................................................................................................................................13
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team-
18. Interruptions........................................................................................................................................................13
19. Secret Ballot.........................................................................................................................................................13 Section 8. MOTIONS.....................................................................................................................................................13
1. Statement of Motion. ..........................................................................................................................................13
2. Motions defined...................................................................................................................................................13 A. The main motion. ............................................................................................................................................13 B. Fix the time to which to adjourn the meeting to another date. .....................................................................14 C. Motion to raise a question of personal privilege. ...........................................................................................14 D. Motion to lay on the table...............................................................................................................................14 E. Motion to call the question.............................................................................................................................14 F. Motion to continue to a certain time..............................................................................................................14 G. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee. ...............14 H. Motion to amend or substitute.......................................................................................................................14 Section 9. CLOSED SESSIONS........................................................................................................................................15
1. Purpose................................................................................................................................................................15
2. Rule of Confidentiality. ........................................................................................................................................15
3. Breach of Confidentiality. ....................................................................................................................................15
4. Permissible Topics................................................................................................................................................16
5. Scheduling Closed Sessions..................................................................................................................................16
6. Persons Permitted to Attend. ..............................................................................................................................16
7. Rules of Decorum.................................................................................................................................................16
8. Penalties...............................................................................................................................................................16 Section 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF .........................................................................................16 Section 11. ADMINISTRATIVE MATTERS ........................................................................................................................17
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team- WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and
WHEREAS, the establishment of standards by the City Council will promote communication, understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council rules will assist all City Councilmembers to better understand their role and responsibilities and will help to make City Council meetings as productive as possible; and
WHEREAS, established standards by an adopted City Council Rules and Code of Ethics provides an understanding for the members of the community for expectations of the roles and responsibilities of members of the City Council and standards for conducting City Council meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the following City Council Rules and Code of Ethics are adopted and that all City Councilmembers will comply therewith.
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team-
CITY COUNCIL RULES OF OPERATION
Section 1. GENERAL RULES
The rules will be equally applicable to regular and special meetings of the City Council. Any act that the Mayor is authorized to perform may be performed by the Mayor pro Tem in the Mayor’s absence.
Section 2. OPERATION OF CITY COUNCIL MEETINGS
1. Regular City Council meetings.
Regular City Council meetings will be held on the second and fourth Mondays of each month. The meetings will begin at 7:00 p.m. Meetings will conclude by 11:00 P.M unless a majority of Councilmembers present vote to extend the time of the meeting.
The Council, beginning at 10:00 p.m. and thereafter if the majority requests it, will determine which issues will be completed at that meeting and which items will be continued to the next regular or special Council meeting. The meeting may proceed past 11:00 p.m. only if a majority of the Councilmembers in attendance vote to extend the meeting to a time certain because it is necessary or in the public interest to do so.
All City Councilmembers will use their best efforts to see that the agenda proceeds as promptly and efficiently as possible so that all scheduled items can be heard in the time allotted. The Mayor may call a recess every two hours. Additional recesses may be called as needed.
2. Time Limit on Comments by the Public.
In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business, there will be a three-minute limitation on comments by the public unless otherwise approved by a majority of the Council. In order to effectively enforce this rule, the Mayor will monitor the time for each speaker and inform the Council when the three-minute limitation has been reached. The Mayor will strictly enforce the three-minute time limit. Persons representing organizations or groups of persons may be granted additional time upon consent of a majority of the Council. Individualspeakers may not use the three-minute allocation of other persons. Individual speakers may not speak twice on the same item.
3. Public Comments on Items Not on the Posted Agenda.
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team- A. There will be an opportunity for Public Comments on Items Not on the Posted Agenda on each regular City Council agenda.
B. Any person wishing to address the Council shall be recognized by the Mayor during Public Comments, provided, however, that during the “Public Comments on Items Not on the Posted Agenda” portion of the agenda, only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Public Comments.
C. The Mayor will state at the beginning of each meeting the Council’s policy regarding the three-minute limitation on comments by the public. The Mayor, or staff assigned to time-keeping, will announce when the three minutes have expired. The Mayor may adjust the time allotted per speaker, with consent of a majority of the Council, based on the estimated number of speakers requesting to comment during Public Comments.
D. Management of Public Comments: The cards requesting to speak during Public Comments will be received by the Mayor. There may also be an option for members of the public to comment via phone or call-queue. The order in which speakers are called upon will be determined by the Mayor in his or her sole discretion.
E. Citizens who anticipate their public comment may exceed three minutes are encouraged to submit comments in writing in advance to the City Clerk for prior distribution to the Council. Whenever possible, the material should be submitted by noon on the date of the City Council meeting or by any submission deadline otherwise specified in the meeting Agenda. Written comments received by the specified deadline will be distributed to the Council and posted on the City’s website prior to the meeting. All written comments that are submitted after the specified deadline, will be made part of the public record for that particular agenda item.
F. Concerns should be limited to items within the subject matter jurisdiction of the City Council only. Submission of comments in writing is encouraged in lieu of lengthy oral presentations.
G. If there are a number of people requesting to speak on a particular subject under Public Comments, the Mayor may request that the speakers assist the Council in having the Council meeting proceed efficiently. To that end, the Mayor may request that a spokesperson be designated to represent an organization or group and may request that other speakers in the group limit their comments to
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team- indicating their agreement with the spokesperson. A show of hands may also be requested.
H. In order to comply with the Brown Act, no action can be taken on items raised under the “Public Comments on Items Not on the Posted Agenda” section of the agenda for Regular Meetings. Upon conclusion of “Public Comments on Items Not on the Posted Agenda”, City Councilmembers may briefly respond to statements or may ask a question for clarification, refer the matter to staff, or request staff to report back to the Council at a subsequent meeting.
4. Addressing the Council on Regular Agenda Items.
A. Time limits for individuals. Persons wishing to address the Council are requested to give their name for the record and, unless further time is granted by the City Council, their remarks shall not exceed three minutes or the limit imposed at the Mayor’s discretion with consent of a majority of the Council.
B. Spokesperson for a group of persons. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council.
C. Addressing the Council after the time for public input has closed. After the Mayor has closed the public comment period or public hearing and Council has commenced deliberation on an item, no person shall address the Council without first securing the permission of the Mayor to do so, subject to approval of the City Attorney with respect to any hearing required by law. During Council deliberation, Councilmembers may ask questions of speakers to clarify points made during the public input portion of the hearing after securing the permission of the Mayor to do so.
5. Public Hearings – Appeals.
A. In the case of a hearing required by law, applicants or their agents and appellants should generally be given up to ten minutes for their opening presentation and three minutes for rebuttal before the hearing is closed. In a hearing required by law, upon advice of the City Attorney, the City Council may grant sufficient additional time to allow an adequate presentation by the applicant or appellant.
Section 3. PUBLIC DECORUM
1. Councilmembers will address the public and staff in a courteous manner.
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team-
2. It is the policy of the Council that all members of the public have the right to address the Council including the right to make remarks that members of the City Council may find critical, unpleasant or even offensive. However, it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public’s business in a timely manner. Therefore, the public should respect the order, procedures and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits, not disrupt the conduct of the meeting, and not make threats against any person or the public order.
3. The Mayor, or their designee, may remove or cause the removal of an individual for disrupting the meeting, after providing the necessary warning pursuant to California Government Code Section 54957.95. Prior to any removal, the Mayor or their designee, shall confirm with the City Attorney that removal of an individual is appropriate.
Section 4. CITY COUNCIL DECORUM
1. Respect for each individual Councilmember’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be a standard of operation. All City Councilmembers will respect each other’s right to disagree. All City Councilmembers will expect a high degree of decorum and courtesy during City Council meetings in interactions between and among Councilmembers, from Councilmembers towards the public and staff, and from the public towards Councilmembers and staff.
2. The Mayor will use his or her discretion to encourage Councilmembers and public to abide by these rules. Councilmembers and staff will be polite, even under tense situations, and will refrain from impolite or disrespectful remarks and body language at public meetings either towards a City Councilmember, staff or the public.
3. Councilmembers should not get into a hostile or adversarial debate with a member of the public or staff at a Council meeting, since these types of debates seldom resolve concerns and many times inflame feelings. If a speaker from the public makes inflammatory or erroneous statements, after the conclusion of public input, the Mayor may then provide the Council or staff with the opportunity to correct such statements if any City Councilmember wishes.
4. Councilmembers will strive to keep open minds on all issues prior to a vote. Individual Councilmembers will maintain as near neutral a position as possible to assure the openness that is required to carry out the Council’s community responsibility.
5. There will be no “grandstanding” on any issue. “Grandstanding” is the use of an individual Council seat on the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. Negative manner includes: personally attacking another Councilmember, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view solely for the purpose of playing to the audience unrelated to the issue before the Council; using the dais for a strictly personal purpose;
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team- addressing the media for political purposes rather than addressing the Council as a body; purposely misstating the facts of an issue for political purposes; or monopolizing discussion time in a manner that does not facilitate or further deliberation, general understanding or bring the issue to a conclusive decision.
6. If a Councilmember requires more information on a specific agenda item, Councilmembers are encouraged to direct specific questions to staff through the City Manager prior to the meeting. Staff, as directed by the City Manager, will make all reasonable efforts to research questions posed prior to the meeting and provide clarifying information to Councilmembers.
7. The City Council respects that the decision of the City Council is made by the majority and not by any individual City Councilmember. Members who are in the minority on an issue will respect the authority of the majority. Members who are in the majority will respect the right of the minority to express their disagreement with the majority decision. Once the agenda item has been voted upon, the City Council minority after making his/her position known for the record, must respect the decision of the majority.
Section 5. ORDER OF THE AGENDA
1. Matters will be heard in the order printed on the City Council agenda. However, with majority Council approval, the City Council may hear agenda items out of their prescribed order on the printed agenda, if a large number of the public are present to speak on that specific agenda item, or if the City Council otherwise determines that it is in the public interest to change the order of the agenda.
Section 6. REGULAR AGENDA ITEMS
1. Special Presentations.
Ceremonial items such as commendations, proclamations and special presentations, if any, will be handled prior to consideration of Consent Calendar items pursuant to the City of Pacifica Administrative Policy No. 1 as stated in the Council Agenda Format – Order of Business. There should be an attempt to limit all commendations, proclamations and special presentations to no more than 20 minutes.
2. Consent Calendar.
Items may be placed upon the “Consent Calendar” by the City Manager whenever, in his or her judgment, such items are expected to be routinely approved without requiring substantial discussion or debate. The “Consent Calendar”shall be voted upon as one item. Any Councilmember may ask brief questions to clarify an issue prior to voting on the “Consent Calendar” and there may be brief Council discussion of an item without the need to remove any items off of consent. If further discussion
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team- or debate is desired, any Councilmember may request that an individual item be removed from the “Consent Calendar” in which case the item shall be considered on the regular agenda immediately after the “Consent Calendar” unless otherwise determined by the Council. Any Councilmember may request that such member’s vote be recorded as other than yes on any individual item without having to remove the same from the “Consent Calendar.”
All items on the “Consent Calendar” will have staff reports sufficient to adequately inform the public of the nature of the items on the “Consent Calendar.”
3. Public Comments on Items Not on the Posted Agenda.
The purpose of “Public Comments on Items Not on the Posted Agenda” is for any member of the public to address the City Council on any issue that is not on the Agenda. See Section 2-3 for management of “Public Comments on Items Not on the Posted Agenda.”
4. Council Communications.
The purpose of “Council Communications” is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.
City Councilmembers should generally adhere to a three-minute time limit for “Council Communications” unless additional time is granted by a majority of the City Council.
5. Council Considerations.
Routine items for Council consideration which are not likely to require extensive discussion shall be agendized before Public Hearings. The remainder of items for Council consideration shall be heard after Public Hearings.
Section 7. DELIBERATION AND VOTING
1. Order of Deliberation.
The Mayor will call upon individual Councilmembers and give them the floor in the order the deliberation lights are turned on. In the event the Mayor cannot determine the order of the lights the Mayor will grant the floor from the left side of the dais to the right. The Mayor pro Tem will monitor the lights and assist the Mayor in setting the order of deliberation and making sure the speaker cards are in proper order.
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team-
2. Expression of Council Viewpoints.
It is not necessary for all Councilmembers to speak or give their viewpoints on every issue or item on the agenda, especially if their concerns have already been addressed by other Councilmembers. On critical or significant issues, all members of Council will undoubtedly want to indicate individual opinions on the issue but City Councilmembers should avoid repetition and should strive to move the deliberation along promptly.
3. Call for Staff Report and Council Questions.
When an agenda item is called, the Mayor will call for a staff report. After the staff report, the City Councilmembers may ask staff brief questions to clarify facts, but should not engage in discussion or debate of the issue prior to public input.
4. Council Deliberations.
At the conclusion of public input and during City Council deliberations, the Mayor may request preliminary straw votes if it will assist the City Council in framing motions.
5. Speaking Audibly.
The Council shall discuss issues audibly into the microphone and avoid “off-mike” and individual conversations during public input and debate.
6. Mayor’s Rights and Privileges.
The Mayor shall not be deprived of any of the rights and privileges of a Councilmember. The Mayor customarily will take the floor after other Councilmembers who wish to speak have spoken. The Mayor may move, second and discuss from the chair, subject only to these rules.
7. Division of a motion.
If a motion contains two or more divisible parts, each of which is capable of standing as a complete motion, the Mayor may, and upon request of a member shall, divide the same.
8. Withdrawal of motion.
A motion may not be withdrawn by the maker without the consent of the Councilmember seconding it.
9. Correction of vote.
Councilmembers may correct an erroneously cast or recorded vote before the next item on the agenda is called.
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team-
10. Voting.
On the passage of every motion, the vote shall be taken by voice or electronic voting device and entered in full upon the record.
11. Silence constitutes affirmative vote.
Councilmembers who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Councilmembers have stated in advance they will not be voting.
12. Abstention from vote.
An abstention for reasons of legal disqualification to vote shall not be counted for any purpose. Non-legal abstentions for personal reasons (such as friendship or appearance) shall not count for any purpose other than a quorum.
13. Not participating.
A Councilmember who has disqualified himself or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote, unless required by the Rule of Necessity 1
.
14. Tie votes.
Tie votes generally mean that no action has been taken on a matter. In the case of an appeal or a land use decision, a tie vote generally signifies that the underlying action stands. Tie votes may be reconsidered on a motion by any member of the Council before the next item on the agenda. In the event of a tie vote, any member of the Council may make a motion to continue the matter to another date. Nothing herein shall be construed to prevent any Councilmember from agendizing a matter which resulted in a tie vote for a subsequent meeting unless the matter involves an appeal or a land use decision or the City Attorney opines is not legally allowed.
15. Motion to reconsider.
A motion to reconsider any action taken by the Council may be made only during the meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. Such motion must be made by a Councilmember who was on the prevailing side, but may be seconded by any Councilmember. A motion to reconsider may be made at any time during the meeting and shall have precedence over all other motions. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may not be moved more than once on the same motion.
Nothing in this section would preclude a Councilmember from bringing an item back to consider at a future Council meeting as a new agenda item. 1 Government Code section 83112; FPPC Regulation 18705.
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team-
16. Appeal from the decision of Mayor.
The Mayor shall decide all questions of debate and voting procedure. Any procedural decision or ruling of the Mayor may be appealed by any Councilmember to the whole Council and a final decision on the ruling by the Mayor will be determined by majority vote of the Council. If the councilmember appeal fails or results in a tie vote, the Mayor’s ruling shall stand. If said vote passes, the decision or ruling of the Mayor is reversed.
In addition, prior to making an initial ruling on any procedural matter, the Mayor may submit the question to the Council in the first instance, in which case a majority vote shall prevail.
17. Getting the floor.
Every Councilmember desiring to speak shall push the debate button and, upon recognition by the Mayor, every Councilmember shall be confined to the question under debate, avoiding disrespectful remarks or body language.
18. Interruptions.
Except for being called to order, a Councilmember once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Councilmember called to order while speaking shall cease speaking until the question or order is determined, and if in order, said Councilmember shall be permitted to proceed.
19. Secret Ballot.
There shall be no voting by secret ballot.
Section 8. MOTIONS
1. Statement of Motion.
The Mayor shall ensure that all motions are clearly stated before allowing debate to begin and also immediately before a vote is taken. The Mayor may request a City Councilmember to restate a motion for clarification, may restate the motion or direct staff to restate the motion.
2. Motions defined.
The following motions may be made by the City Council:
A. The main motion.
A main motion is a motion on the issue before the Council. It needs a second, is amendable and is debatable.
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Attachment: Attachment A: Current City Council Rules and Code of Ethics (5938 : Council Study Session - Governance Training and Team- B. Fix the time to which to adjourn the meeting to another date.
A motion to fix the time to which to adjourn requires a second, is amendable and is debatable only at the time to which the meeting is adjourned. The purpose is to set a time for continuation of the meeting to another date.
C. Motion to raise a question of personal privilege.
The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character or motives are directly questioned by another Councilmember during debate. The maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege”. The motion does not require a second, is not amendable and is not debatable.
D. Motion to lay on the table.
The purpose is to interrupt discussion of the item at hand for more urgent business or to end consideration of an item without action. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter may be taken from the table at any time prior to the end of the meeting. Any Councilmember can agendize the subject of a tabled matter for a later City Council meeting.
E. Motion to call the question.
The purpose of this motion is to close debate on the pending motion. A motion to call the question requires a second, is not debatable and is not amendable.
It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If the motion fails, debate is reopened; if the motion passes, then the City Council votes on the pending motion. A motion to call the question requires a majority vote of those Councilmembers present and voting.
F. Motion to continue to a certain time.
A motion to continue to a certain time is amendable and is debatable as to propriety of postponement and time set. Purpose is to continue the matter to another specified time.
G. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee.
A motion to refer requires a second, is amendable, and is debatable only as to the propriety of referring. Purpose of the motion is to send subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated.
H. Motion to amend or substitute.
A motion to amend a motion or to substitute one motion for another requires a second, is amendable, and is debatable only if the motion to which it applies is
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Section 9. CLOSED SESSIONS
1. Purpose.
It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, the City Council recognizes that, in certain limited circumstances, public discussion jeopardizes the public interest, compromises the City’s position, and could cost the taxpayers of Pacifica a significant amount of money. Therefore, these rules provide for strict confidentiality of City Council discussion in certain circumstances allowed by law.
2. Rule of Confidentiality.
The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.
The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality of closed sessions.
In accordance with the Brown Act, the City Council agenda will contain a brief general description of the items to be discussed at the closed session. City Councilmembers will keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City’s position is not compromised.
No mention of information in these materials will be made to anyone other than Councilmembers, the City Attorney or City Manager, except where authorized by a majority of the City Council or otherwise required by law.
3. Breach of Confidentiality.
No person who attends a closed session may disclose any statements, discussions, documents or votes made in a closed session except where specifically authorized by these rules. Any authorized disclosure will be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality and subject to penalties as described in Item 8 below.
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4. Permissible Topics.
All closed sessions will be held in strict compliance with the Brown Act.
5. Scheduling Closed Sessions.
Subject to the advice of the City Attorney, a closed session may be called by the Mayor, by the City Attorney or by the City Manager.
6. Persons Permitted to Attend.
The City Council, City Manager and City Attorney, or their designees, may attend closed sessions unless it is necessary to excuse them for conflict of interest. Only such additional staff or attorneys shall attend as are necessary. The department head whose department is most directly affected by the topic of the closed session may also attend.
7. Rules of Decorum.
The same high standard of respect and decorum as applied to regular meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable that it is safe to express their points of view.
All Councilmembers have the right to insist upon strict adherence to this rule.
8. Penalties.
In addition to any penalties applicable under the Brown Act, violation of these confidentiality rules may be punishable by resolution of the Council censoring the person or persons responsible for the disclosure.
Section 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
1. City staff acknowledge that the Councilmembers are the City’s policy makers and the City Council acknowledges that staff administers the Council’s policies. The Council is the overall policy body and holds the City Manager responsible for the administration of the City departments.
The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction. The practices of each department are subject to review and approval by the City Manager.
2. The Council will direct staff only through the City Manager. If a written report or research from staff is requested, Council should go through the City Manager.
3. The City Manager shall inform all Councilmembers when written informational material has been requested by a Councilmember. Copies are not necessary unless requested by a Councilmember. City Councilmembers should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If Councilmembers have questions, need clarification, or need additional material, Councilmembers will advise the City Manager as early as possible before a City Council meeting so that staff can meet their needs.
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4. Council will not attempt to coerce or direct staff in the performance of their duties.
5. Staff reports should be provided to the City Council as early as possible before a meeting but no later than Friday before the next City Council meeting. Staff reports will give professional input on the issue, including areas of potential controversy and concern, will try to present all sides of an issue, and will recommend areas for discussion and decision by the City Council.
6. Once a decision is made by Council, it will be fully supported, accepted and implemented by staff.
7. Any concerns by a Councilmember over the performance of a City employee should be discussed privately with the City Manager. City Councilmembers should not engage in personal attacks on staff in public.
Section 11. ADMINISTRATIVE MATTERS
1. The full Agenda Packet is made available in print format at City Hall and at Council Chambers during the meeting.
2. Study sessions and closed sessions will be scheduled before City Council meetings as needed. Whenever feasible, the City Council will receive seven (7) days’ notice of the scheduling of a study session or closed session.
3. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duties. Councilmembers shall attend all such meetings unless unable to do so.
4. An individual Councilmember may agendize an item for a City Council meeting by contacting the City Manager. Items that may require less than two hours of staff time to prepare for Council consideration can be agendized for Council consideration and decision. Items that may require more than two hours of staff time to prepare for Council consideration will first be agendized for discussion and Council direction on next steps. Requests from Councilmembers to place an item on the agenda shall be made to the City Manager a minimum of ten (10) days before the next City Council meeting, except for items where the Mayor and City Manager have determined a time urgency exists.
5. If a member of the City Council represents the City before another governmental agency, or organization, the Councilmember will first indicate the majority position of the Council.
The Councilmember must fairly and objectively represent the majority views of the City Council even if his/her personal opinion differs. When appearing in a personal capacity, a Councilmember may express his/her personal opinions and comments only if the Councilmember clarifies that these statements do not represent the position of the City Council. Councilmembers shall notify the City Manager of planned attendance at meetings where possible City issues could be discussed even if
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6. Any written correspondence or other materials received by the City Manager for the City Council will be stamped with the date of receipt and distributed to the City Council. If Councilmembers get a letter addressed to them individually and they feel the letter is of general interest to the Council, a Councilmember should ask the City Manager to distribute it to other Councilmembers. Councilmembers may ask the Mayor or City Manager to respond to such a letter.
If Councilmembers receive an email addressed to them individually and they feel the email is of general interest to the Council, the Councilmember may forward the email to “[email protected]” to be considered with the written record of public comments for a City Council meeting or forward to the City Manager and ask the City Manager to respond to the email.
7. The Mayor will be the ceremonial spokesperson on behalf of the Council in all matters except if directed to a specific individual.
8. The Mayor will represent the Council’s position/policy even if his or her personal opinion is different or if the issue did not have a unanimous vote.
9. The Council will rely on the Mayor to act in a manner that is courteous and welcoming to the public at all times, even under pressure or during controversial issues.
10. If the Mayor is not available to represent the Council at a community event or meeting, the Mayor Pro Tem or another Councilmember will be available as back-up or to help lighten the Mayor’s schedule.
11. Any Councilmember who is unable to attend a committee meeting for which they are the designated Council liaison must notify the alternate to that committee prior to the meeting.
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