CITY OF REDLANDS
CITY COUNCIL
FINANCING AUTHORITY
A G E N D A S
SEPTEMBER 19, 2023
EDDIE TEJEDA
Mayor
PAUL T. BARICH
Mayor Pro Tempore
DENISE DAVIS
Council Member
JENNA
GUZMAN-LOWERY
Council Member
MARIO SAUCEDO
Council Member
***
JEANNE DONALDSON
City Clerk
PHILLIP DOOLITTLE
City Treasurer
CHARLES M. DUGGAN
JR.
City Manager
YVETTE M. ABICH
GARCIA
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
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A G E N D A
The following information comprises the agenda for the regular meetings of the City Council of the City of Redlands and the Redlands Financing Authority of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:
TUESDAY, SEPTEMBER 19, 2023
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us
, click on Join a Meeting
Enter the Meeting ID 824 4618 0187, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):
Dial 1-877-853-5247
Enter the Meeting ID 824 4618 0187
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to the City’s Facebook page at @CityofRedlands or the Instagram page at @CityofRedlands_CityHall.
In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.
PLEASE NOTE: Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.
To provide comment while participating from Council Chambers:
Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.
After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.
To provide comment through Zoom (on a computer, laptop, or smart device):
Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak To provide comment via audio only (cell phone or landline):
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PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC
COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
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5:00 P.M.
A. Call City Council Meeting to Order
B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
C. Recess City Council Meeting to a Closed Session
1. Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1)
(City Attorney Garcia)
Four Cases:
Harper v. City of Redlands, et al., U.S. District Court, Central District, Case No. 5:23-cv-00695-SSS-KKx
a.
Sedlick, et al. v. City of Redlands, et al., U.S. District Court, Central District, Case No. 5:23-cv-00457-JGB-KKx
b.
Scates v. City of Redlands, San Bernardino Superior Court, Case No.
CIVSB2127794
c.
City of Redlands v. Coyote Aviation, Inc., San Bernardino Superior Court, Case No. LLTVA2200544
d.
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6:00 P.M.
D. Reconvene City Council Meeting
E. Invocation by Council Member Davis
Pledge of Allegiance by Mariposa Friendly Helpers of Mariposa Elementary School
(In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.)
F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Presentations
1. Presentation of Proclamation declaring September 24, 2023 as Adult Literacy Day in the City of Redlands to Nathan Gonzales, Smiley Public Library Director;Diane Shimota, Adult Literacy Coordinator; Raul Becerra, Program Participant; Susan Hodges, Volunteer (Mayor Tejeda)
2. Presentation of Proclamation celebrating The Unforgettables 25 Year Anniversary, Tim Evans (Mayor Pro Tem Barich)
H. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) I. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)
1. Approve the regular meeting minutes of September 5, 2023 (City Clerk Donaldson)
2. Authorize issuance of a Proclamation declaring September 24, 2023 as Adult Recycled Paper
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2. Authorize issuance of a Proclamation declaring September 24, 2023 as Adult Literacy Day in the City of Redlands (Mayor Tejeda)
3. Authorize proclamation celebrating the The Unforgettables 25 Year Anniversary (Mayor Pro Tem Barich)
4. Adopt Resolution No. 8515 authorizing City staff to vote on behalf of the City at water company meetings and determination that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
5. Approve the non-competitive purchase of Joint Utilities Laboratory equipment and related services directly from IDEXX Distribution, Inc. for an amount not-to-exceed $41,161.02 (Municipal Utilities and Engineering Director Harris)
6. Approve a request for in-kind support in the amount of $14,061 for the Redlands Oktoberfest event hosted by the Redlands Optimist Club from October 7, 2023 through October 8, 2023, within Sylvan Park; authorize the sale and consumption of alcoholic beverages at the event; and determine that the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
7. Approve a Third Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project to extend the time for completion by ninety-two (92) calendar days and determine that the project is categorically exempt from environmental review pursuant to Section 15061 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
8. Approve the request for in-kind support in the amount of $38,861 related to the Stater Bros. Charities Believe Walk, and approve the temporary street closures related to the event (Facilities and Community Services Director Crocker)
9. Disclosure of Settlement Agreement and Release of All Claims – Stanley Claiborne; U.S. District Court, Central District of California Case No. 5:22-cv-01287-DMG-SK (City Attorney Garcia)
J. Communications
1. Presentation by Accelerate Neighborhood Climate Action (ANCA) on their first year accomplishments and future directions (Mayor Tejeda)
2. Discussion and possible action relating to a policy for council members to add Recycled Paper
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2. Discussion and possible action relating to a policy for council members to add items to future City Council meeting agendas (Council Member Davis) K. Public Hearings
1. Appeal of a decision by the Historic and Scenic Preservation Commission that denied Certificate of Appropriateness Permit No. 665 by appellants Beverly and Kenneth Winchester
(Mayor to declare the meeting open as a public hearing) PUBLIC HEARING to consider Resolution No. 8514 denying the Appeal and upholding the decision by the Historic & Scenic Preservation Commission to deny Minor Certificate of Appropriateness No. 665, a request to legalize/approve an existing 6-foot-high vinyl fence and a rolling gate within the street-side setback for the property located at 232 West Olive Avenue (APN: 0171-244-40-0000) in the Multiple-Family Residential (R-3) District and the Smiley Park Neighborhood Historic and Scenic District (Historic District No. 8) (Development Services Director Desatnik) a.
2. Public Hearing to consider adopting Resolution No. 8513 and approving Amendment No. 1 to the Transit Villages Specific Plan (Specific Plan No. 65) consisting of the following items:
(Mayor to declare meeting open as a public hearing)
Amend Section 4.9 (Sign Standards) to permit internally-illuminated wall signs and canopy signs within all TVSP districts except for designated historic properties;
a.
Amend Section 4.9 (Sign Standards) to add regulations pertaining to sign illumination brightness;
b.
Amend Section 4.2 (Zones Established) to state that signs on properties within Special District 1 shall be subject to the sign regulations contained in Redlands Municipal Code Chapter 15.36 for the C-3, General Commercial zone;
c.
Amend Section 4.8 (Emergency Shelter Standards) to update the development and operating standards pertaining to emergency shelters to comply with the requirements of current State law.
d.
(Development Services Director Desatnik)
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L. New Business
1. Consideration of an agreement with Reliance Safety Consultants for occupational training to City employees for the period August 1, 2023 through August 1, 2026, with two optional one-year extensions for a total not to exceed amount of $425,000 (Assistant City Manager McConnell)
2. Consideration of a Professional Services Agreement with Miller Architectural Corporation for design and construction management services of the City's new City Hall Facility for an amount not to exceed $1,368,579, approval of an additional appropriation of the same; and determination that approval of the agreement is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines (Assistant City Manager Boatman)
3. Consideration of Resolution No.8512 adopting a Five-Year Capital Project Needs Analysis for FY 24/25 through FY 28/29 and determining this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
4. Consideration of a $381,799 additional appropriation from the General Fund unassigned fund balance for the Mission Zanja Channel Improvements Project (Municipal Utilities and Engineering Director Harris)
M. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
N. Adjournment
The next regular meeting of the City Council will be held on October 3, 2023 O. Redlands Financing Authority
1. Call regular meeting of the Board of Directors of the Redlands Financing Authority to order
2. Public Comment - Redlands Financing Authority
(At this time, the Redlands Financing Authority will provide an opportunity for the public to address them on any subject, within its jurisdiction, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.)
3. Approve the regular meeting minutes of May 16, 2023 (Secretary Donaldson) Recycled Paper
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4. Adjourn Redlands Financing Authority meeting
The next Redlands Financing Authority meeting will be held on January 16, 2024.
If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session meeting begins.
Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.
Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcast at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Meetings are also streamed live and archived for later viewing on demand on the City’s website at www.cityofredlands.org
. Agendas, staff reports and minutes of the City Council of the City of Redlands are available online at: www.cityofredlands.org.
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City Council/Financing Authority Meeting I. 1.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the regular meeting minutes of September 5, 2023 (City Clerk Donaldson)
MOTION:
I move to approve the regular meeting minutes of September 5, 2023.
Attachments
Regular meeting minutes of September 5, 2023
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MINUTES
Regular meetings of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on September 5, 2023 at 5:00 P.M.
Present: Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Phillip Doolittle, City Treasurer; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; Rich Sessler, Fire Chief; Rachel Tolber, Police Chief
Mayor Tejeda called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.
PUBLIC COMMENT
Coyote Aviation - Dr. Pamela Miller and Joe Rothschild were disappointed with the City's treatment of Coyote Aviation and the termination of their lease at the Municipal Airport.
They were concerned that the City's actions appeared to be petty, unreasonable and unsupportive of a small business, and they claimed that Coyote had been a good neighbor.
They thought it was not right for the City to acquire the assets from the facility that Coyote had built.
CLOSED SESSION
Conference with legal counsel: Initiation of Litigation – Government Code §54956.9(d)(4) - One (1) Case
(City Attorney Garcia)
Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
One Case:
Rogers, et al. v. City of Redlands, San Bernardino Superior Court, Case No.
CIVSB2126031
1. City of Redlands v. Coyote Aviation, Inc., San Bernardino Superior Court, Case No.
LLTVA2200544
2. Conference with real property negotiators - Government Code §54956.8 CC_SA_September 5, 2023
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Conference with real property negotiators - Government Code §54956.8 (Assistant City Manager Boatman)
Property: APN 0292-166-08-0000
Agency
Negotiators:
Charles M. Duggan, Jr.; Chris Boatman
Negotiating Party: Andrew Christopherson, The Grove School Under
Negotiation:
Terms of payment and price of possible lease amendment or purchase of City property
RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M. with an invocation by Council Member Saucedo followed by the pledge of allegiance to the American flag.
CLOSED SESSION REPORT
City Attorney Garcia announced the following actions were taken during the closed session:
C-1: No reportable action was taken
C-2: Rogers - On motion of Mayor Pro Tem Barich, seconded by Council Member Guzman-Lowery, the City Council unanimously authorized an appeal in the case of Rogers, et al. v. City of Redlands
C-2: Coyote Aviation - No reportable action was taken
C-3: Real Property Negotiation The Grove School - No reportable action was taken, with Council Member Davis recusing herself based on property ownership located within 500 feet of the Grove School
PRESENTATIONS
Redlands Pet Adoption - Animal Services Supervisor Jodi Kroeger and Animal Services Officer Trevor Houser introduced "Sedan", a six-year-old male German Shepherd mix, who is available for adoption, along with thirty other dogs and five cats at the Redlands Animal Shelter. Ms. Kroeger informed the Council there had been fifty dogs and forty-six cats adopted in July and August 2023.
California Native American Day Proclamation
- Council Member Saucedo presented the
California Native American Day Proclamation to Vanessa Brierty.
Water Savings Incentive Check - San Bernardino Valley Director, T. Milford Harrison and Kelly Malloy, Strategic Communications Manager, presented an incentive check in the amount of $164,935.49 to Mayor Tejeda for the water savings achieved by the City through conservation efforts for the Demand Management Incentive Program.
Redlands 14U Softball All Star Team
- Mayor Tejeda, Mayor Pro Tem Barich and Council
Member Saucedo participated in presenting a Recognition Certificate to the Redlands 14U Softball All Star Team members Addie Goff, Bailey Burgess, Cali Leverette, Dani Larsen, Emma Akimoto, Jayla Bowens, Marissa Valentin, Macki Larsen, Mele Wilson, Ryleigh Flanigan, and Vanessa James, and coaching staff Manager Wil Goff and Assistant Coaches Richie Burgess, Donnie Leverette, and Thomas Wilson.
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Finance Department Certificates of Appreciation - Mayor Tejeda, along with Management Services/Finance Director Garcia, presented Certificates of Appreciation to Assistant Director of Finance James Garland; Finance Manager Marie Datuin; Senior Accountant Denise Camarillo, Senior Accountant Jannette Mendoza, Management Analyst Miriam Valtierra, and recognition of the Government Finance Officers Association Award for the Annual Comprehensive Financial Report FY 2022.
PUBLIC COMMENT
Ban on Gas Blowers - Dennis Bell voiced concerns regarding the proposal at the last Council meeting to consider banning gas blowers, and he was skeptical about the City's ability to enforce such an ordinance, if approved.
Pro-Life Proclamation - Sam Wong reminded everyone of the September 4, 1977 Golden Dragon Restaurant massacre and its impact on San Francisco, and he condemned all acts of violence, including the senseless shooting of Lauri Carleton. He encouraged people to learn from these tragic events, move on with their lives, and he hoped the Council would consider a proclamation honoring pro-life principles.
Live Music at Hangar 24
- Daniel Aadland urged the Council to allow Hangar 24 Craft Brewery to continue hosting live music events at the facility.
RHS Girls Volleyball Games
- Michael Reiter, President of the RHS Girls Volleyball Booster Club, invited everyone to attend the upcoming games to show their support for the reigning Citrus Belt League Champions, who are currently 9 and 0 for the season.
District 2 Representation - Jennifer Maravillas complained about the way in which Eddie Tejeda had represented District 2 and she encouraged him to reach out to others, be more collaborative and build consensus
CONSENT CALENDAR
Minutes
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the minutes of the regular meeting of July 18, 2023, the adjourned meeting of July 25, 2023, and the Special Meeting of August 22, 2023.
Vote: 5 - 0 Passed
Proclamation Gurudev Sri Sri Ravi Shankar and Mental Health Day
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the issuance of a proclamation declaring August 10, 2023 as Gurudev Sri Sri Ravi Shankar and Mental Health Day.
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Vote: 5 - 0 Passed
Proclamation California Native American Day
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the issuance of a proclamation recognizing California Native American Day.
Vote: 5 - 0 Passed
Citizens' Measure T Oversight Committee Appointment
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously appointed, by roll call vote, Scott Welsh (District 5) to serve a four-year term on the Measure T Oversight Committee ending April 20, 2027.
Vote: 5 - 0 Passed
Employee Assistance Program Services Agreement
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, a three-year agreement with The Counseling Team International to provide employee assistance program services to safety employees for the period beginning September 6, 2023, and continuing through September 5, 2026, with annual amounts not to exceed $34,800-in year 1, $36,540-in year 2, $38,400-in year 3 and a 5% increase if services are sustained for year 4 and 5.
Vote: 5 - 0 Passed
Student Intern Program
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, a Memorandum of Understanding between the City of Redlands and San Bernardino Community College District to provide student interns.
Vote: 5 - 0 Passed
Accept FEMA Emergency Management Performance Grant Award
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, to accept the Department of Homeland Security, Federal Emergency Management Agency 2022 Emergency Management Performance Grant award in the amount of $22,159; and authorized an additional appropriation of the same amount to the Emergency Preparedness fund.
Vote: 5 - 0 Passed
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Resolution No. 8510 Appropriations Limit for FY 2023-2024
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8510 amending the appropriations limit for Fiscal Year 2023-2024 from $158,949,814 to $158,925,169 and rescinding Resolution No. 8494.
Vote: 5 - 0 Passed
Office of Traffic Safety Grant Award
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the agreement with the Office of Traffic Safety relating to the distribution of a grant award in an amount not-to-exceed $130,000; authorized the Chief of Police to sign and execute agreements implementing the grant; and approved an additional appropriation of the same.
Vote: 5 - 0 Passed
Resolution No. 8511 Intent to Vacate Excess Street Right-of-Way
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously adopted, by roll call vote, Resolution No. 8511, declaring the City Council's intention to vacate excess street right-of-way (Street Vacation No. 193) that is one foot in width and approximately 965 feet in length, and totaling approximately 965 square feet in area, located on the east side of Texas Street, approximately 400 feet north of Domestic Avenue, and along the property frontage of proposed Tentative Tract Map No. 20520 (APN: 0167-041-01-0000); and determined this proposal is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines.
Vote: 5 - 0 Passed
Amending Downtown Parking Study Professional Services Agreement
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the First Amendment to the Professional Services Agreement with Walker Consultants Inc., to increase the original agreement from $121,560 by $13,000 for a total aggregate amount not-to-exceed $134,560 for professional consulting services related to preparation of the Downtown Parking Study. The need for additional professional consulting services for the completion of the Study includes attending additional meetings, providing written responses, and preparing revisions to the Study.
Vote: 5 - 0 Passed
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Receive and File PARIS Program Annual Report
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, to receive and file the Pavement Accelerated Repair Implementation Strategy (PARIS) Program Annual Report.
Vote: 5 - 0 Passed
Labor Compliance Review Software Purchase
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, a sole source purchase and Software and Support Agreement with LCPtracker, Inc. to furnish labor compliance review software and related services for an amount not-to-exceed $36,412.
Vote: 5 - 0 Passed
Resolution No. 8509 - 2023 Sewer System Management Plan
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that adoption of Resolution No. 8509 for the 2023 Sewer System Management Plan is exempt from environmental review in accordance with Sections 15061(b)(3), 21000, 15301 and 15302 of the State guidelines implementing the California Environmental Quality Act; and adopted Resolution No. 8509 for the 2023 Sewer System Management Plan.
Vote: 5 - 0 Passed
Construction Management Software Purchase & Agreement
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, a sole source purchase and Professional Services Agreement with Virtual Project Manager, LLC to furnish and provide construction management software and software training for an amount not-to-exceed $36,000 for an initial period of three (3) years with two (2) additional one-year renewal options for $12,000 annually for a total agreement amount not to exceed $60,000.
Vote: 5 - 0 Passed
In-Kind Support Request The Artlands Walk
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the state’s guidelines implementing the California Environmental Quality Act; authorized and approved a request for in-kind support in the amount of $2,625 related to this event; authorized the temporary street closure of East Vine Street from Cajon Street to 6th Street and Civic Center parking lot; and approved the request for the sale and consumption of alcoholic beverages for CC_SA_September 5, 2023
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The Artlands Walk event to be held on September 30, 2023.
Vote: 5 - 0 Passed
Art-On-State-Street Event Temporary Closures & Request for Vendors
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; approved the special event and authorized the temporary closure of East State Street from 6th Street to 7th Street on September 24, 2023 for the Art-On-State-Street event hosted by the Redlands Art Association.
Vote: 5 - 0 Passed
Boys and Girls Club Day for Kids Event Temporary Closure
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State’s guidelines implementing the California Environmental Quality Act; and authorized the temporary closure of Clay Street, between Lugonia Avenue to Western Avenue, on September 16, 2023 for the Day for Kids event hosted by the Boys and Girls Club of Greater Redlands-Riverside.
Vote: 5 - 0 Passed
Gas Extraction Wells Installation Project Agreement for Quality Assurance
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the agreement with Geo-Logic Associates, Inc. to provide construction quality assurance, observation, regulatory compliance and documentation for Gas Extraction Wells Installation Phase 2 & 3 at the California Street Landfill in a total agreement amount not-to-exceed $194,138.16.
Vote: 5 - 0 Passed
Reject Bids Runway and Apron Pavement Treatment Project
On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, to reject all bids for the Runway and Apron Pavement Treatment Project at the Redlands Municipal Airport, Project No. FCS662023JN. The bids received for this project exceeded the estimated cost and Federal Aviation Administration (FAA) Airport Capital Improvement Plan (ACIP) entitlement funds allocated to Redlands Municipal Airport.
Vote: 5 - 0 Passed
COMMUNICATIONS
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Sister Cities Hino, Japan Travel Expenditure
Mayor Tejeda reviewed his request regarding the authorization of an expenditure of funds for travel to Sister Cities Hino, Japan, for the Mayor to attend the 60-year celebration of Hino's establishment, and the anniversary of the Sister Cities relationship. He offered background on the Sister Cities program and the ongoing relationship Redlands has with Hino, that dates back to the early 1960s. The firmly established relationship between the two cities has provided the opportunity not only for officials to travel to and experience the sister cities, but also for Hino students to visit and tour the City of Redlands. The itinerary included visitations to the following municipal locations: Hino City Hall, Hino Municipal Clean Center Plastic Recycling Facility, Hino Community Center and Sports Facility, Tokyo Metropolitan Fire Station, Hino Shinsengumi Historical Museum, and Takahata Fudo Shrine and Museum.
As public comment, Joshua Hall and Dennis Bell stated it was important for the Mayor to accept the invitation and visit Hino to celebrate the Sister Cities relationship, but they were against the City funding the trip. Council Member Davis thought the trip's itinerary and agenda were not substantive and she was not in support of using City funds. Council Member Guzman-Lowery was hoping to see more direct benefit to the City and, she suggested the Mayor employ a fund-raising campaign for his travel expenses. Mayor Pro Tem Barich highlighted his experiences as Mayor when he hosted Hino delegates and he found it to be enlightening.
On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council approved and authorized, by roll call vote, the expenditure of funds for travel to Hino, Japan by Mayor Tejeda.
Vote: 3 - 2 Passed
NAY: Council Member Denise Davis
Council Member Jenna Guzman-Lowery
Flying Pride Flag In Honor of Laura Ann Carleton
Council Member Davis opened the discussion to consider her request to fly the Pride flag at City Hall for one week, Sept. 6-12, 2023, in honor of Laura Ann "Lauri" Carleton, an ally of the LGBTQ+ community, who was recently shot during a dispute over a pride flag hanging outside her clothing store in Cedar Glen. She added this item aligns with Priority C. Equity and Inclusion of the City's Strategic Plan.
As public comment, thirteen people, including Josephine Swanson, Tracy Wise, Michael Paisner, Bruce Laycook, Dominique Swanson, Andy Hoder, Trisha Keeling, Sam Trad, Jennifer Maravillas, Rudi Whitmore, Graham Smith, Traci Lowenthal and Dr. Kathy Feeley supported flying the pride flag in honor of Lauri Carleton, and said that flying the flag would make a statement and show that Redlands will not remain silent but will stand against hatred and discrimination. They warned that with hate crimes on the rise, it was imperative for the Council to promote a safer environment for all people. They added the flag should not be politicized because it was more about equity than politics, and it represented inclusivity.
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Eight speakers including, Miss Ashley, Joshua David Hall, Sam Wong, Dale Broome, Dennis Bell, Valerie Zavis, Rachel, and John James were opposed to flying the pride flag because they said the flag did not represent all citizens of Redlands and it would give the appearance of honoring one group over another. They stated that flag raising should unify society's goals and not be a sign of division. The current flag policy, allowing for the American, state and local flags to fly at City Hall, meets the intent of the City's Strategic Plan of diversity and inclusion, as the American flag represents all 73,000 residents. It was also pointed out that while the shooting death of Lauri Carleton was tragic, she was not from Redlands.
Council Member Davis said she knew what it was like to feel unsafe, adding that symbols were important. Symbols can represent resiliency and a sign of encouragement within a community. She urged her colleagues to take this opportunity and honor Lauri Carleton's bravery by flying the pride flag. Council Member Guzman-Lowery stated there was no place for silence when hateful and violent acts occur. Council Member Saucedo and Mayor Tejeda condemned the horrific act of violence against Lauri Carleton but thought there were other ways in which to honor her life. They both agreed that the City should stay within the current flag policy.
On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council failed to approve, by roll call vote, the flying of the Pride flag at City Hall at City Hall for one week, Sept. 6-12, 2023, in honor of Laura Ann Carleton.
Vote: 2 - 3 Failed
NAY: Mayor Eddie Tejeda
Mayor Pro Tempore Paul Barich
Council Member Mario Saucedo
NEW BUSINESS
Mayor Tejeda called for a brief recess at 8:05 P.M. The meeting reconvened at 8:10 P.M.
Resolution No. 8491 Pension Management Policy
Management Services/Finance Director Garcia summarized Resolution No. 8491, to establish a Pension Management Policy. The City currently has a contract with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for all full-time miscellaneous and safety employees. As part of the Contract, the City is obligated to pay any unfunded accrued liability (UAL) under each of the Pension Plans. Resolution No. 8491 would allow the staff to better manage the City’s pension plans. For more details of the proposal, she introduced Managing Director Andrew Flynn, of California Municipal Advisors, LLC, who provided a presentation of the importance of developing strategies to manage funds properly.
Goals and objectives of a pension management policy include the following: Establish, attain, and maintain targeted pension plan funding levels; Provide sufficient assets to permit the payment of all benefits under the Pension Plans; Seek to manage and control future contribution volatility to the extent reasonably possible; Set forth all possible cost mitigation measures (“Mitigation Measures”) available to the City; Strive to make Annual Discretionary Payments to accelerate UAL pay-down, reduce interest costs, and stabilize future payments; CC_SA_September 5, 2023
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Payments to accelerate UAL pay-down, reduce interest costs, and stabilize future payments; Maintain the City’s sound financial position and creditworthiness; Provide guidance in making annual budget decisions; Create sustainable and fiscally sound future budgets; Demonstrate prudent financial management practices; and Ensure that pension funding decisions protect both current and future stakeholders.
Mr. Flynn offered options for the Council to consider and discussed establishing and operating a Pension Rate Stabilization Fund, either self-managed or a Section 115 trust fund managed by a third-party investment manager. The Pension Management Policy would require that any new increase or decrease in the liability resulting from the annual CalPERS actuarial valuation be explicitly identified each year during the budget cycle, and that the City consider making discretionary contributions with City resources (or other legally available resources), with the objectives of increasing each of the Pension Plan’s funded status, by reducing the unfunded actuarially accrued liability, and reducing ongoing pension costs. As public comment, Dennis Bell said this proposal was long overdue and he thought CalPERS was inept.
On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8491, establishing the City's Pension Management Policy.
Vote: 5 - 0 Passed
University of Redlands Standby Paramedic Services MOU
Fire Chief Sessler introduced the Memorandum of Understanding between the City of Redlands and the University of Redlands for standby paramedic services at university football games for the 2023-2024 school year. At the request of the University, the Fire Department has agreed to provide a Medic Squad or All Risk Vehicle, staffed with two personnel, to provide Advanced Life Support paramedic services at five football games during the 2023-2024 school year, at a cost of $505 per game. The University will compensate the City for these services. Should there be any playoff games, Fire Department emergency personnel will be available for any additional games, as well.
On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the Memorandum of Understanding between the City of Redlands and the University of Redlands for standby paramedic services at university football games for the 2023-2024 school year.
Vote: 5 - 0 Passed
Construction Management Services Agreement Police Department Facility
Assistant City Manager Boatman explained the benefits of a Construction Management Multi-Prime approach, which allows for more financial control over a project and enables the City to hire the builder based on best value. In December 2021, the City Council approved a Purchase and Sale Agreement for the acquisition of the property located at 1625 W. Redlands Blvd for the future development of a public safety facility to be utilized by the Redlands Police Department. He introduced the Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's CC_SA_September 5, 2023
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new Police Department Safety Hall Facility. This action includes approval of a professional services agreement and payment is based on time and materials expended, not to exceed $3,000,000. The actual cost will be largely dependent on the project scope which is currently under design. The architect will provide progress updates through staff to the City Council throughout the design process.
On motion of Council Member Mario Saucedo, seconded by Mayor Eddie Tejeda, the City Council unanimously determined, by roll call vote, that approval of a Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the CEQA Guidelines; approved the Professional Services Agreement with Tilden-Coil Constructors, Inc., for Master Construction Management Services of the City's new Police Department Safety Hall Facility in an amount not to exceed $3,000,000; and approved an additional appropriation in the amount of $3,000,000. This expense will be offset with a release of the Future Facilities Reserve from the General Fund. The current balance of that reserve is $22,111,486.
Vote: 5 - 0 Passed
Contract Award California Street Landfill Gas Extraction Wells Phase 2 & 3
Facilities and Community Services Director Crocker presented an award of construction contract for the California Street Landfill Gas Extraction Wells Phase 2 & 3 to BSE General Engineering Inc. Phase 2 & 3 in the amount of $423,726.47. The landfill expansion areas have reached maximum waste placement, which means higher concentration gas levels are expected to quickly increase and to remain within compliance, additional wellheads must be installed to mitigate gas control. Sufficient funding for this project is included in the Solid Waste Division's project budget for fiscal year 2023-2024 as approved by City Council.
On motion of Council Member Mario Saucedo, seconded by Mayor Pro Tempore Paul Barich, the City Council unanimously determined, by roll call vote, that the award of a construction contract to BSE General Engineering, Inc., for the California Street Landfill Gas Extraction Wells Installation for Phase 2 & 3, is not subject to further environmental review pursuant to Section 15162 of the State's guidelines implementing the California Environmental Act; and approved a construction contract with BSE General Engineering, Inc. for the California Street Landfill Gas Extraction Wells Installation for Phase 2 &3 for an amount of $423,726.47.
Vote: 5 - 0 Passed
Contract Award Mission Zanja Channel Improvements Project
City Engineer Goutam Dobey summarized a Public Works Construction Contract with Harbor Coating and Restoration for the Mission Zanja Channel Improvements Project, Project No. 405003 for an amount not-to-exceed $381,799. This maintenance project, which includes cleaning and preparing the interior channel surface, removing material and debris as necessary to complete the work, spot repairing concrete, and applying the sealant to the channel walls and ceiling.
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On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of the Construction Contract and construction of the Mission Zanja Channel Improvements Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; approved the Mission Zanja Channel Improvements Project Plans and Specifications, and awarded a Construction Contract to Harbor Coating and Restoration for an amount not-to-exceed $381,799. There is no fiscal impact associated with this action. The construction cost for this project is included in the FY 23/24 MUED budget.
Vote: 5 - 0 Passed
Water Meter Replacement Project Agreement
City Manager Duggan explained the need for an additional appropriation of $4,932,257.96 from the Water Fund and the approval of a Non-Professional Services Agreement with Ferguson Enterprises, LLC for an amount not-to-exceed $6,747,257.96 for the third and final phase of the Water Meter Replacement Project.
On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, an additional appropriation of $4,932,257.96 from the Water Fund for the third and final phase of the Water Meter Replacement Project; and approved a Non-Professional Services Agreement with Ferguson Enterprises, LLC for an amount not-to-exceed $6,747,257.96 for the third and final phase of the Water Meter Replacement Project.
Vote: 5 - 0 Passed
Grant Acceptance HSIP Cycle 9 Orange Blossom Trail Phase 3 Crossings Project
City Engineer Goutam Dobey detailed the Highway Safety Improvement Program (HSIP) Cycle 9 Grant in the amount of $298,000 and the request to approve a Construction Contract with California Professional Engineering, Inc. for the HSIP Cycle 9 Orange Blossom Trail Phase 3 Crossings Project for an amount not-to-exceed $259,245.
On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that acceptance of a grant and approval of a Construction Contract and construction of the Highway Safety Improvement Program (HSIP) Cycle 9 Orange Blossom Trail Phase 3 Crossings Project is exempt from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act; accepted the California Department of Transportation HSIP Cycle 9 grant award of $298,000; approved the HSIP Cycle 9 Orange Blossom Trail Phase 3 Crossings Project plans and specifications; approved the Construction Contract with California Professional Engineering, Inc. for an amount not-to-exceed $259,245; and approved an additional appropriation in an amount not-to-exceed $48,000 for this project.
Vote: 5 - 0 Passed
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
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COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
There were no Council Member announcements presented
ADJOURNMENT
The meeting adjourned at 9:02 P.M. in memory of former Mayor Bill Cunningham who served the City selflessly in so many ways, as a teacher, coach, RUSD Board Member, as well as serving 12 years on the City Council with one term as mayor. He was a tireless advocate for slow growth in Redlands and was passionate about protecting orange groves. Mayor Pro Tem Barich said he was always dedicated to making Redlands a better place and he will be greatly missed. The next regular meeting of the City of Redlands City Council will be held on September 19, 2023.
SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
Chairperson Tejeda called the meeting to order and offered anyone present the opportunity to address the Board on any subject not already on the agenda, within the jurisdiction of the Successor Agency.
PUBLIC COMMENT
None forthcoming
Minutes
On motion of Vice Chair Barich, seconded by Board Member Saucedo, the minutes of the regular meeting of July 5, 2023 were unanimously approved, by roll call vote.
Vote: 5 - 0 Passed
ADJOURNMENT
There being no further business, the Successor Agency Board of Directors' meeting was adjourned at 9:03 P.M. The next regular meeting of the Agency will be held on October 3, 2023.
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City Council/Financing Authority Meeting I. 2.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize issuance of a Proclamation declaring September 24, 2023 as Adult Literacy Day in the City of Redlands (Mayor Tejeda) MOTION:
I move to authorize the issuance of a Proclamation declaring September 24, 2023, as Adult Literacy Day in the City of Redlands.
SUBMITTED BY:
Jennifer Macias, Management Analyst
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Attachments
Adult Literacy Day Proclamation 2023
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City Council/Financing Authority Meeting I. 3.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize proclamation celebrating the The Unforgettables 25 Year Anniversary (Mayor Pro Tem Barich)
MOTION:
I move to authorize the issuance of a proclamation celebrating the The Unforgettables 25 Year Anniversary.
Attachments
Proclamation - The Unforgettables
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City Council/Financing Authority Meeting I. 4.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8515 authorizing City staff to vote on behalf of the City at water company meetings and determination that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move that City Council determine adoption of Resolution No. 8515 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act and adopt Resolution No. 8515.
RECOMMENDATION:
Staff recommends City Council determine adoption of Resolution No. 8515 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act and adopt Resolution No. 8515.
DISCUSSION:
The City produces, treats, and disinfects water from three (3) sources to distribute to customers within the Redlands water service area: 1) Santa Ana River, 2) Mill Creek, 3) Groundwater. Santa Ana River water is treated at the Hinckley Water Treatment Plant and Mill Creek water is treated at the Tate Water Treatment Plant. Water entitlements from these surface water sources are Redlands Regular Meeting of 09-19-2023
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obtained primarily through City-owned shares in several mutual water companies: Lugonia Water Company, Redlands Water Company, West Redlands Water Company, Lugonia Park Water Company, Bear Valley Mutual Water Company, Crafton Water Company, and Redlands Heights Water Company. Each water company holds annual Shareholders Meetings, Board of Directors Meetings, and specially called meetings from time-to-time. The City is able to participate in these companies by voting on various issues at these meetings. Historically, City staff has voted on behalf of the City at these meetings. Adoption of Resolution No. 8515 ratifies that practice.
Adoption of Resolution No. 8515 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, as it can be seen with certainty that this action will have no impact on the physical environment.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
John R. Harris, Municipal Utilities and Engineering Director Fiscal Impact
Discussion:
There is no fiscal impact associated with this action.
Attachments
Resolution No. 8515
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1 RESOLUTION NO. 8515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS AUTHORIZING CITY STAFF TO VOTE CITY-OWNED SHARES OF WATER
COMPANY STOCK
WHEREAS, the City of Redlands owns shares of various water company stock that allow the City to receive water at its Horace Hinckley and Henry Tate surface water treatments plants; and
WHEREAS, every year, each of the water companies for which the City owns shares has an annual shareholder meeting and from time to time other specially -called meetings of its shareholders, (collectively, the “Shareholder Meetings”); and WHEREAS, at such Shareholder Meetings, topics are discussed and voted upon that may impact operations and management of each water company and the City; and WHEREAS, for decades, City staff has voted such shares on behalf of the City at such Shareholder Meetings; and
WHEREAS, often information on the topics to be voted on is not available to City staff prior to such Shareholder Meetings; and
WHEREAS, it is the desire of the City Council of the City of Redlands to formally authorize City staff to vote on behalf of the City at any such Shareholder Meetings, and bring to the City Council, when practicable, water company topics proposed for discussion and direction at such meetings; and
WHEREAS, by this Resolution, the City Council’s intends to formally adopt a policy that ratifies existing practice.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows:
Section 1. The City Council of the City of Redlands authorizes City staff to vote on behalf of the City at any annual or other specially -called water company shareholder meetings, bring to City Council when practicable water company topics proposed for discussion and direction at such meetings, and provide a report on the actions that are voted on.
Section 2. This Resolution shall take effect from and after the date of its passage and adoption.
ADOPTED, SIGNED AND APPROVED this 19th day of September, 2023.
________________________
Eddie Tejeda, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
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2 I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at regular meeting thereof held on the 19th day of September, 2023, by the following vote:
____________________________________
Jeanne Donaldson, City Clerk
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City Council/Financing Authority Meeting I. 5.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the non-competitive purchase of Joint Utilities Laboratory equipment and related services directly from IDEXX Distribution, Inc. for an amount not-to-exceed $41,161.02 (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move City Council approve the non-competitive purchase of Joint Utilities Laboratory equipment and related services directly from IDEXX Distribution, Inc. for an amount not-to-exceed $41,161.02
RECOMMENDATION:
Staff recommends City Council approve the non-competitive purchase of Joint Utilities Laboratory equipment and related services directly from IDEXX Distribution, Inc. for an amount not-to-exceed $41,161.02.
DISCUSSION:
The City's Joint Utilities Laboratory (Laboratory) protects public health by ensuring that the water production, treatment, and distribution and wastewater collection, treatment, and discharge processes meet regulatory agency requirements. A primary responsibility of the laboratory is to monitor the concentration of microorganisms in samples collected throughout the water distribution system to ensure the City's drinking water is safe for consumption.
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water before consumption until test results are available to confirm the water supply is safe to drink.
IDEXX Distribution, Inc. (IDEXX)markets various Tecta Instrument Products (Tecta) and is the sole preventive maintenance and service provider for laboratory equipment. The Tecta B-16 expedites microorganism testing and analysis, and provides automated test results notifications. The Tecta B-16 is able to provide accurate positive test results within two (2) hours and can be configured to distribute test results notifications to designated City staff automatically. Incorporating the Tecta B-16 into the Laboratory's testing protocols improves efficiency by quickly validating the effectiveness of the waterline repair disinfection process.
Staff recommends purchasing the Tecta B-16 non-competitively from IDEXX to expedite microorganism testing and analysis and because of its unique automated notification feature. Also, IDEXX is the sole provider of current microorganism test supplies for the Laboratory. The $41,161.02 purchase price includes the Tecta B-16 and ancillary equipment, installation and staff training, and a two (2) year warranty.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Jungjoon Park, Laboratory Manager
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Fiscal Impact
Fiscal Year: FY 23/24
Revenue Generating: No
Appropriation Required Y/N: No
Amount: $41,162
Budgeted Y/N: Yes
Account No.: 501900
Discussion:
There is no fiscal impact associated with this action. Funding for this purchase is included in the Fiscal Year 23/24 MUED Water Service Budget (501900).
Attachments
Tecta Quote
Service Agreement - Tecta 2 Years
IDEXX Sole source PKT
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___________________________________________________________________________________________ Material ID Description Quantity UnitPrice Total Value Commodity/COO Batch Exp.Date Backorder item
___________________________________________________________________________________________ 98-0018010-00 TECTA B16, 115V, TECTAB16A-115-02 1 22,500.00 22,500.00 9027898090/CA
98-0018012-00 TECTA-CCA-48, TECTALERT ECTC 48PK 1 605.00 605.00 3822190080/CA
98-0018242-00 TECTA-SPAR-PDS-ENCL40569 1 220.00 220.00 9027905695/CA
95-0018304-00 Tecta Installation and training 1 4,500.00 4,500.00 95-0018307-00 Tecta Service PLUS Agreement 1 9,775.00 9,775.00 Items Total 37,600.00
Freight Value 271.02
Tax total 3,290.00
Total Amount USD 41,161.02
============
Sold to Address
CITY OF REDLANDS
PO Box 3005
REDLANDS CA 92373
UNITED STATES
UNITED STATES
Ship to Address
CITY OF REDLANDS
1950 NEVADA STREET
REDLANDS CA 92373
UNITED STATES
UNITED STATES
All local taxes at customer charge
Number / Date
20255451 / 04/27/2023
Net weight : 30.670
Quote Valid through September 30, 2023. Two-Year Service Plan included in quote.
Bill-to Customer 176280
TECTA QUOTE
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Agreement on Services for IDEXX Tecta Instrument Products
This Agreement on Services for IDEXX Tecta Instrument Products ( “Agreement”) incorporates IDEXX’s General Terms and Conditions of Sale (“General Terms”, available at https://www.idexx.com/en/about-idexx/terms-of-sale/) and appl ies to the various service plans offered by IDEXX Laboratories, Inc. or one of its affiliates, referred to as IDEXX, we, us and our, for IDEXX Tecta B4 and/or IDEXX Tecta B16 instrument. By signing an order form, placing an order, or accepting the services identified below, you agree to the General Terms and the terms of this Agreement.
Covered Products; Modifications: This Agreement covers the IDEXX Tecta instrument identified by the serial number(s) specified on your order form and/or invoice. We reserve the right to modify our service terms in this Agreement from time to time upon not less than 30 days’ notice to you.
A
. Service Plans
Described below are the various service plans that you may purchase under this Agreement. Not all service plans may be available in your region. Please refer to your order form or invoice for the service plan(s) that you have elected.
1. Tecta Start-up Service:
• De scription: If you purchase this service, a trained professional will travel to your location for up to two days to install the instrument(s) you purchased from us and provide new - user training.
• Thi s service plan will include installing (if applicable) and commissioning the Tecta instrument, installing any required software updates, performing initial quality testing, and training people who will use the instrument. Other services may be performed as we deem appropriate. This is not intended to be a preventative maintenance or repair visit. • S chedule and duration of service: This service event is limited to two consecutive days of on- site service . It will be performed during Monday to Friday, excluding holidays.
Scheduling will be arranged by our account manager. An additional fee would apply for any extra days.
• Twelve-mo nth term: This service must be used within twelve months of the purchase date of the covered instrument under this Agreement.
2. Tecta B asic Service Plan (1-year term):
• De scription: For each Tecta instrument, if you purchase this service, you will receive a one-year basic warranty service as described herein, beginning upon the expiration date Redlands Regular Meeting of 09-19-2023
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of the manufacturer’s standard warranty period (twelve months). • Under this service, we will pay for the cost of replacement parts and provide remote (virtual) support to you while you repair the instrument. We will pay for the shipping charges of these replacement parts.
• We will ship these parts to you in an expedient manner, using reasonable efforts to make sure you have timely access to the replacement parts.
• N o on- site service; no loaner instrument: This service plan does not include an on- site visit from a trained professional or access to a loaner instrument(s). • Eligibility p eriod: This service plan is available for purchase any time during the twelve - month period following the purchase of the instrument.
• I DEXX may , in its sole discretion, elect to offer this service option to you after the expiration of the manufacturer’s warranty, but is not obligated to do so. In this circumstance, the coverage period would begin on the date of your payment for the service.
3. Tecta Service Plus Plan (1-year term)
• De scription: For each Tecta instrument, if you purchase this service, you will receive the one-year basic service plan (as specified in Sub- Section 2 above) for such instrument, as well as access to a loaner instrument if the original instrument needs to be sent to IDEXX for repair, and one optional on-site service visit (two day maximum). Each of these are described in further detail below:
o Loaner instrument:
De scription: For any instrument failure that cannot be diagnosed and/or repaired remotely, we will supply a loaner instrument to be used while the original instrument is returned to us for repair. You will be responsible for shipping the original instrument to an address to be provided by us after you receive the loaner. We will pay all shipping costs and make reasonable efforts to deliver the loaner instrument in an expedient manner. A l oaner instrument will not be supplied until it is determined by us that the original instrument cannot be diagnosed and/or repaired remotely. This may include IDEXX sending replacement parts to you so you can attempt a remote- guided repair. We will make reasonable efforts to reach this conclusion as quickly as possible, but this may mean that you have a period of time without a loaner instrument while the situation is assessed. IDEXX may, in its sole discretion, elect to send a loaner instrument before a remote repair is attempted, but is not obligated to do so.
S ingle swaps and double swaps: If your original instrument can be repaired, IDEXX will offer to return that original instrument to you after the repair is completed. After receiving the original instrument, you would be required to return the loaner instrument to IDEXX. If the original instrument cannot be Redlands Regular Meeting of 09-19-2023
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repaired, you will be offered a new instrument (or you will be offered to keep the loaner, if the loaner was a new instrument when you received it). All shipping costs will be paid by IDEXX.
o On-site service visit ("Visit”):
Description: Thi s Visit will typically include cleaning, preventative maintenance, system validation and quality control, installation of software updates, and user training. Other services may be performed as we deem appropriate.
Scheduling and duration of Visit:
The Visit is limited to two consecutive days
of on-site service. It will be performed during Monday to Friday, excluding holidays. Scheduling will be arranged by our account manager. An additional fee would apply for any extra days.
The Visit should be scheduled with reasonable advance notice. This Visit is intended to be for routine preventative maintenance and training for already-installed instruments , and is not intended to be for emergency repair or instrument installation. If circumstances allow, IDEXX may, in its sole discretion, elect to perform this Visit as an emergency visit, but is not obligated to do so. If you have already used your Visit under this Agreement and require a subsequent emergency repair, an additional charge would apply.
This is an optional visit at your discretion. This means that you are ultimately responsible for notifying IDEXX of the request to have the Visit.
If IDEXX does not perform the V isit during the 1- year term of the Tecta Service Plus Plan, you will not be entitled to a full or partial refund. IDEXX will make reasonable accommodations for Visits that are scheduled but later canceled due to events beyond your control, such as illness or weather.
• Term, eligibility period, and effective date:
o This is a one- year-term service, which shall be purchased any time during the twelve-month period following the purchase of the covered instrument. o All services covered by this service plan shall be effective on the date of the purchase of the service. As such, the basic service plan included in this service option will not be delayed to begin upon the expiration of the manufacturer’s standard warranty period (which will be 12 months starting from your purchase of the covered instrument).
• Tecta Service Plus Plan with a 2- y
ear Term. You may choose to purchase the Tecta
Service Plus plan for a 2-year term. In that case, all the terms specified above will apply except that the term for the service will be two years effective as of the date of your purchase of the service and two on-site service Visits at your option will be provided.
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• A dd instrument(s) to current Tecta Service Plus Plan:
• Description: If you have an existing Tecta Service Plus plan purchased under this Agreement, you may choose to add additional instrument(s) (“Added Instrument”) to such Service Plus plan, provided that such Added Instrument is located at the same site where the instrument(s) already covered under the current Tecta Service Plus plan is located and that an additional fee (as specified in the order form or invoice) is paid on a per -instrument basis. You can only choose to add instrument(s) to the current Tecta Service Plus plan within 12 months of the purchase date of such instrument(s).
• The c urrent Tecta Service Plus plan (including the starting and end date of the plan) will apply to the Added Instrument, except that there will be no separate and additional on-site service visit for the Added Instrument. So, if you choose to add an instrument after the on-site service visit has already occurred under the current Tecta Service Plus plan, you will not be entitled to an additional on- site service visit for the Added Instrument. However, in such case, IDEXX may, in its sole discretion, elect to adjust the service price for the Added Instrument (but is not obligated to do so).
4. On-site Service Visit:
• De
scription : This is a stand-alone service in addition to what you may have under any other service plan(s). With this stand-alone on-site service visit plan, you will receive one on-site service visit of up to two days to service or repair such instrument. The cost of replacement parts is not included and will be invoiced to you separately. This service does not cover any services beyond the single two- day visit.
• Scheduling and duration of service: Th is service event is limited to two consecutive days of on- site service. It will be performed during Monday to Friday , excluding holidays. Scheduling will be arranged by our account manager. We will make reasonable efforts to perform this service in a timely manner, understanding that delays may cause disruption to your testing. An additional fee would apply for any extra days beyond the second day.
B
. General Terms (for all service plans)
1. Hours of Service; Service Returns: We will provide service in accordance with our normal procedures and during our normal business hours, except holidays. In case of malfunction, you must first contact IDEXX Customer Support by telephone at our telephone number provided in your product documentation.
Our telephone support is available during our normal business hours, Monday through Friday, except holidays. Our support personnel will guide you to attempt to correct reported problems Redlands Regular Meeting of 09-19-2023
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yourself. If telephone support is not successful, we will give you further instructions. Unless specifically indicated in this Agreement, we have no obligation to provide on- site service. If it is necessary to return the product, you must do so to our designated facility for examination. If we authorize a return, we will pay shipping costs to and from our repair facility except in cases of improper use or mistreatment, etc. as provided below in “Your Obligations, Exclusions for Improper Use, Etc.” All exchanged parts and products become our property. Delayed returns are subject to daily rental charges at our then-current rate.
2. Your Obligations; Exclusions for Improper Use, Etc.: You must take reasonable care of the product, maintain it in a clean and appropriate environment and carry out the routine maintenance recommended by us in the applicable user guide, instructions or other documentation or otherwise communicated to you from time to time. You must provide reasonable supporting data to help identify reported problems.
We cannot assure you of the performance of our products if you use them other than in strict accordance with our product instructions or if you use them on or in conjunction with products or services not provided and configured by us. FAILURE TO USE ONLY OUR AUTHORIZED
PRODUCTS OR SERVICES IN OR ON OUR PRODUCTS VOIDS THIS AGREEMENT AND OUR OBLIGATIONS TO YOU. In addition, if your equipment is not under warranty and is not currently covered by our service agreement, we may at our option inspect your equipment before we agree to provide coverage. We may charge you our then-standard rates for such inspection, and if repairs are required, we may either charge you for such repairs and replacement parts at our then-standard rates, exclude repairs to parts that have exceeded their reasonable life from service coverage, or vary your service fee accordingly. If for any period you are not covered by our servic e agreement and wish to start or resume such coverage, resumption will be at our discretion, and we may charge you the service fee for any period you were not covered.
Our service plan coverage does not cover damage resulting from any causes external to ou r products (which if repairable will be repaired at your expense), such as negligence or improper use or handling; casualty; external electrical fault; failure to follow packing or shipping instructions; use of unauthorized products in conjunction with our products; or repairs or modifications made by anyone other than us or our authorized service providers. We will repair normal wear -and-tear damage only to the extent required for proper functioning of equipment; cosmetic damage to equipment is not covered. If we determine that the reported problem is not covered by this Agreement, you must reimburse us for the costs of equipment shipping, and we will attempt to repair / replace the product at your cost, at our then- standard rates for such work, or return it as you instruct and at your cost; in such case you will also return any loaner or replacement equipment to us at your cost.
3. All-inclusive Fee: The fee you pay for the service plan in this Agreement is an all-inclusive price.
Travel costs for the IDEXX team member are included in such fee and thus will not be invoiced separately. Cost of the service will not be itemized by component (e.g., installation vs. training cost).
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4. Renewal; Renewal Fees: For Tecta Basic Service and Service Plus plans, you may renew the service plan by notifying us prior to the expiration of your current service plan (“Renewal Term”).
The service fee for any Renewal Term will be IDEXX’s then- current fee. IDEXX may invoice you for Renewal Term(s) before the current Term expires. If IDEXX does not receive payment of the service fee in accordance with IDEXX’s invoices to you, or before the beginning of the Initial Term or any Renewal Term, then IDEXX reserves the right to terminate the service plan(s) immediately, including any IDEXX warranty or support obligations to you. If for any period of time you are not covered by our service plan and wish to start or resume such coverage, we may charge you the service fee for any period you were not covered.
5. Termination: The service plan may be terminated by either party upon 60 days written notice to the other. If it is terminated by you without cause or by us due to your breach of the Agreement, you shall not be entitled to any refund of any fee paid by you. If the service plan is terminated by us without cause, IDEXX shall refund to you a pro rata portion of any fee paid with respect to the initial service period or current renewal, as the case may be. We reserve the right to refuse to provide service to you if you are in breach of this Agreement or if your account with any IDEXX company for any product or service is delinquent.
Revised April 2023.
© 2023 IDEXX Laboratories, Inc. All rights reserved.
*IDEXX and Tecta are trademarks or registered trademarks of IDEXX Laboratories, Inc. or its affiliates in the United States and/or other countries. The IDEXX Privacy Policy is available at idexx.com.
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---------- �..... - ,,,,.---....__ - -
�·
-�"ACm'Iu.uWous"
Sole Source/ Single Source/ Standardization Form
For procurement of supplies, equipment and services valued at $5,000 and over NOTE: Every question must be answered with appropriate documentation attached; incomplete forms will be immediately rejected by Purchasing.
Date: 8/14/23
TO: Purchasing Division
FROM: MUED -------------
Purchase Requisition# _______ _
Estimated Total Cost: $ 41 , 161 . 02
Proposed Vendor: IDEXX Distribution Inc.
Request Term: FY 2023-24
This form must accompany the purchase document whenever an exception to the competitive process is requested. Requests for goods and/or services from a specific vendor or limited to a specific brand, where substitutes to the recommended vendor or brand are unacceptable, must be accompanied by a written justification explaining the circumstances that make alternatives unacceptable.
The City Manager will determine whether the justification is appropriate. Requests for exception must be supported by factual statements that will pass an audit.
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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT
INSTRUCTIONS
1. Please check all applicable categories (a. through i.) below and provide additional information where indicated.
2 Page
D a. The requested product is an integral repair part or accessory compatible with existing equipment.
[j]
□
□
□
Existing Equipment:
Manufacturer/Model Number:
Age:
Current Estimated Value:
b. The requested product has unique design/performance specifications or quality requirements that are not available in comparable products. c. I have standardized the requested product and the use of another brand/model would require considerable time and funding to evaluate.
d. The requested product is one in which I (and/or my staff) have specialized training and/or extensive expertise. Retraining would incur substantial cost in time and/or funding.
e. The requested product is used or demonstration equipment available at a lower-than new cost.
D £ Repair/Maintenance service is available only from manufacturer or designated service representative.
D g. Upgrade to or enhancement of existing software is available only from manufacturer.
D h. Service proposed by vendor is unique; therefore, competitive bids are not available or applicable.
D 1. Other factors (provide detailed explanation in #2 below).
2. Provide a detailed explanation and pertinent documentation for each category checked in item 1 above. Attach additional sheets if necessary:
IDEXX Inc. serves as both the manufacturer and exclusive distributor of the Tecta 16 equipment and its associated items.
This equipment is equipped with the capacity to proficiently meet the demands of the water division, attributable to its expedited analysis time. Consequently, the water division is empowered to expedite the restoration of water services in the aftermath of emergency waterline failures and repairs. The method employing this equipment is currently the fastest one approved by both the Federal EPA and the California State Water Resources Board for generating bacti results.
Rev 1.31.19
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EXCEPTION TO BIDDING AND DISCLOSURE STATEMENT
3. Was an eva�n of other equipment, products, or services performed? 0Yes �No
3 Page
If yes, please explain the type of evaluation pe1formed and provide all suppa,ting documentation:
4. List below the name of each individual who was involved in the evaluation, if conducted, and in making the recommendation to procure this product or service. Attach additional infonnation, if necessary.
5. Explain what action(s) the department would take if the sole/single source services were no longer available
6. I ce1tify that the above inf01mation is accurate to the best of my knowledge, and a signed copy ofthis document will be kept on file and available for audit in my depaitment 08/15/2023
Date
Purchasing Approvals
Purchasing Agent Approval Date
City Manager Approval Date
Rev 1.31.19
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Dear Sir or Madam, August 14, 2023
Please accept this letter as confirmation that IDEXX Distribution, Inc. (FEIN # 35-2186625) is a wholly owned subsidiary of IDEXX Laboratories, Inc. and is the sole supplier of the following products to the Water Market:
Product Sole Manufacturer Sole Supplier in U.S. and Canadian Water Testing
Markets**
Colilert* reagent Yes Yes
Colilert Comparator Yes Yes
Colilert*-18 reagent Yes Yes
Colisure* reagent Yes Yes
Enterolert* reagent
Pseudalert* reagent
Legiolert* reagent
Yes
Yes
Yes
Yes
Yes
Yes
IDEXX Vessels Yes Yes
Quanti-Tray* Sealer PLUS Yes Yes
Quanti-Tray* Yes Yes
All Colilert Starter Kits Yes Yes
All 20-pack, 100-pack, and 200-pack Combo Packs Yes Yes IDEXX-QC kits1 Yes Yes
Quanti-Cult™ QC kit Yes Yes
SimPlate* for HPC test kit
HPC for Quanti-Tray* reagent
EasyDisc* HPC tests
IDEXX Water SARS-CoV-2 RT-PCR Test
IDEXX Water DNA/RNA Magnetic Bead Kit
IDEXX Water Matrix and Fecal Control Kit
IDEXX Water Internal Control
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Filta-Max* xpress Filter modules
Filta-Max xpress pressure Elution station
Filta-Max manual wash station
Filta-Max filter modules
Tecta* B4
Tecta B16
Tectalert tests (EC/TC, EC, FC, ENT)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
** Utility, Public Health and Private labs performing environmental testing
Please note that IDEXX Distribution, Inc. was formed as a wholly owned subsidiary of IDEXX Laboratories, Inc.
I hope this information is of assistance. If you have any questions, please contact me at 1-800-321-0207 ext. 68846.
Sincerely,
Nicole Parkinson
1) IDEXX-QC kits: 98-29000-01, 98-29001-01, 98-29002-01, 98-29003-01, 98-29004-01, 98-29006-01, 98-29007-01, 98-0009287-01
*IDEXX, Colilert, Colilert-18, Colisure, Enterolert, Pseudalert, Legiolert, Quanti-Tray, SimPlate, EasyDisc, Filta-Max, Tecta and Tectalert are trademarks or registered trademarks of IDEXX Laboratories, Inc. or its affiliates in the United States and/or other countries. 102600-00
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Select the best Tectalert
tests for your laboratory
Tectalert Tectalert Tectalert Tectalert
E. coli and Total Coliforms (EC/TC) f. coli Fecal Coliforms Enterococcus Product number 98-0018012-00 98-0018013-00 98-0018014-00 Catalog number TECTA-CCA-48 TECTA-ECA-48 TECTA-FCA-48
Analyte E. coli and E. coli Fecal coliforms total coliforms Detection limit <1 CFU/100 ml <1 CFU/100 ml <1 CFU/100 ml Incubation 35 ± 0.5 °C 41.5 ± 0.5 °C 44.5 ± 0.2 °C temperature Sample size 100 ml 100 ml 100 ml
18hr00 for <
1 CFU EC/TC 16hr00 for < 1 CFU 18hr00 for <1 CFU
Time to results* < 1 0hr30 for 100 CFU E. coli <9hr00 for 100 CFU <10hr15 for 100 CFU <12hr15 for 100 CFU TC <8hr00 for 1,000 CFU <9hr00 for 1,000 CFU The Tectalert EC/TC Test is approved by the U.S. EPA for detection of E. coli and total coliforms in drinking water.t For more information, visit idexx.com/tecta,
or call 1 "800-321-0207.
'lhe leci.ll&rl E.C/TC Tes! carul<lge conul'l:S the EPA....appu;,,,e!I TECTA EC/IC mitdia 'Mheh i, �r,-o•Jed n \3-'IOUS sect,oosal '10 CFR 141 and (lescrlboo lfl th documenl TECTAEC/TC Medtumandme IECT/1. ti��fll a Pms�e.'AlJ!MICI f.fet/JOl:I /or /fie S,mu"aneou:s Oe'KtiM rJ Potitl Colfotms and Esche<.chla col fE colJ"' o,� 'A.1 twre ro results are oasei:ion l!esti ,urlacewatei- testng Om,e• matrlce..\m3/Vll1'f 0 2022 OEXX Labor11i011es "11: fJJ. nghts 1es� • 09·2690252-00 • The 1000 P111acy �IC'/ ,s w,adable ai l!llb:) com ·1eaa ., a 1aaem.;r1( rx 1e<;I�l!l'ec! ;raaem.lll( d IOEXX L.aoor.11101Ies Inc Of"' alfui:.ios ,n IN'I United Sta:es ar>d.· 01 98-0018015-00
TECTA-ENA-48
Enterococcus
<1 CFU/100 ml
41 .5±0.5 °C
100 ml
24hr00 for <
1 CFU
< 9hr45 for 100 CFU
<8hr30 for 1,000 CFU
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City Council/Financing Authority Meeting I. 6.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a request for in-kind support in the amount of $14,061 for the Redlands Oktoberfest event hosted by the Redlands Optimist Club from October 7, 2023 through October 8, 2023, within Sylvan Park; authorize the sale and consumption of alcoholic beverages at the event; and determine that the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):
If the City Council determines that staff's recommendation is appropriate, the following motions are provided:
I move that City Council determine the Redlands Oktoberfest event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and
1. I move to authorize and approve a request for in-kind support in the amount of $14,061 related to this event; and
2. I move to authorize the sale and consumption of alcoholic beverages for the Redlands Optimist Club to be held on October 7, 2023, and October 8, 2023, at Sylvan Park.
3. RECOMMENDATION:
Staff recommends that the City Council determine that the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the State’s guidelines implementing the California Environmental Quality Act, that the City Council direct staff accordingly concerning the request for in-kind support, and authorize the sale and consumption of alcoholic beverages during Redlands Regular Meeting of 09-19-2023
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the Redlands Optimist Club's Oktoberfest event.
DISCUSSION:
The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the City. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. Therefore, in an effort to provide support for programs that provide a community benefit, the City Council will, from time to time, consider the authorization of the expenditure of city resources related to a specific special event without reimbursement from non-profit agencies and organizations.
The Redlands Optimist Club (Optimist Club) has reserved Sylvan Park on Saturday, October 7th and Sunday, October 8th of 2023 for the Redlands Oktoberfest event. The Optimist Club is requesting permission to serve alcohol at the event that will end no later than 7:00 p.m. on Saturday and Sunday. The Optimist Club is requesting in-kind support and departmental resources, including personnel and equipment from the Police and Facilities and Community Services Departments. The Optimist Club is a registered non-profit organization operating out of the City of Redlands. The City Council has waived fees for this event in the past as it serves as a public benefit to the community by promoting economic development and tourism within the community. The Optimist Club will be responsible for operating and obtaining the daily license to serve alcohol from the Office of Alcohol Beverage Control. City Council approval is also necessary to authorize the consumption of alcohol for this event due to its location. Staff's approval authority is limited to only enclosed public areas in public parks as defined by Resolution No. 7559, and therefore the approval of this request is outside of the staff's purview. Should the City Council approve the consumption of alcohol, staff will coordinate the distribution of receptacles to collect all recyclable material generated from the event.
The event is categorically exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15061 (b)(3). This section includes the permitting of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The request is consistent with this exemption as it includes permitting within an existing public park for a temporary event.
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ALTERNATIVES:
The City Council may deny the request to hold the event, the request for in-kind support or provide alternative direction to staff.
STRATEGIC PLAN:
Supports Strategic Plan Priority A: Quality of Life - Strategic Objective 1:
Beautification, Arts and Culture.
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
PREPARED BY:
Michelle Groenke, Administrative Assistant
Fiscal Impact
Fiscal Year: 2023/24
Discussion:
In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event; totaling $14,061. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.
Departmental Charges
(Personnel & Equipment)
2023 Amount Type 2022 Amount
Police Personnel1 $10,080.00 Hard Cost $8,496.00
FCS Personnel1 $2,250.00 Hard Cost $2,400.00
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Fire Personnel1 $0.00 Hard Cost $0.00
Personnel & Equipment
Subtotal
$12,330.00 $10,896.00
Fees Established by City Council
Resolution
Sylvan Park Reservation Permit $422.00 Soft Cost $422.00 FCS equipment $1,309.00 Soft Cost $0.00
Fees Subtotal $1,731.00 $422.00
Total Departmental Charges
and Fees
$13,639.00 (hard)
$422.00 (soft)
$14,061.00 (Total)
$11,318.00
1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.
The following table summarizes the total estimated costs associated with the use of City resources and in-kind support approved for events scheduled during Fiscal Year 2023-24 to date:
TABLE 2: FY 2023-24 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$85,702.00 $6,018.00 $0 $91,720.00 $91,720.00
Attachments
In-kind Request
Authorization to Serve Alcohol
Verification of Non-Profit
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Redlands Optimist Club
Foundation Inc.
EIN: 33-0704935 | Redlands, California, United States
Other Names
REDLANDS OPTIMIST CLUB FOUNDATION INC
Publication 78 Data
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.
On Publication 78 Data List: Yes
Deductibility Code: PC
Form 990-N (e-Postcard)
Organizations who have filed a 990-N (e-Postcard) annual electronic notice.
Most small organizations that receive less than $50,000 fall into this category.
Tax Year 2018 Form 990-N (e-Postcard)
Tax Year 2017 Form 990-N (e-Postcard)
Tax Year 2016 Form 990-N (e-Postcard)
Tax Year 2015 Form 990-N (e-Postcard)
Tax Year 2014 Form 990-N (e-Postcard)
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City Council/Financing Authority Meeting I. 7.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Third Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project to extend the time for completion by ninety-two (92) calendar days and determine that the project is categorically exempt from environmental review pursuant to Section 15061 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker) MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move to determine that the approval of the agreement is exempt from an environmental review pursuant to Section 15061 of the State's CEQA guidelines; and
1. I move to approve the Third Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project to extend the time for completion by ninety-two (92) calendar days.
2. RECOMMENDATION:
Staff recommends City Council approve the Third Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project No. FCS10252021ER to extend the time for completion by ninety-two (92) calendar days. Staff further recommends that the approval of the agreement is exempt from an environmental review pursuant to Section 15061 of the state's CEQA guidelines, pertaining to the common sense rule.
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DISCUSSION:
On October 4, 2022, the City Council approved a Public Works Contract with Armstrong Cal Builders, Inc. to perform all the work and furnish all materials for the Joslyn Senior Center Renovation Project No. FCS10252021ER for an amount not-to-exceed $1,033,800. This project is funded by the County of San Bernardino's Community Development Block Grant Program
(REDL-20-1-30A/0184). The scope of the project consists of the construction of a commercial kitchen, renovation of existing restroom facilities, installation of a grease interceptor, minor site improvements, interior, and exterior ADA upgrades.
Armstrong Cal Builders, Inc. recently notified staff that unforeseen design revisions caused project delays and the project cannot be completed as anticipated and exceeds the contract completion deadline. Therefore, staff is recommending a contract amendment to increase the time for completion by ninety-two (92) calendar days, resulting in a revised contract time for project completion of four hundred and two (402) calendar days. This is the third contract revision proposed. Furthermore, the approval of the agreement is exempt from an environmental review pursuant to Section 15061 of the state's CEQA guidelines, pertaining to the common sense exemption.
ALTERNATIVES:
City Council may deny this action. However, denying this action may result in the project not being completed and a loss or reduction of Community Development Block Grant Program (CDBG) funding in the future.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
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Christopher Boatman, Assistant City Manager
PREPARED BY:
Jawad Naderi, Associate Engineer
Fiscal Impact
Discussion:
There is no impact on the General Fund with approval of this Third Amendment as it only extends the timeframe. This project is funded by CDBG funds from the County of San Bernardino (REDL-20-1-30A/0184).
Attachments
Third Amendment
Executed Contract (Reference only)
First Amendment (Reference only)
Second Amendment (Reference only)
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1 I:\cmo\Agreements\Armstrong_Cal_Builders,_Inc._Third_Amendment-FY22-0248.docx-jm
THIRD AMENDMENT TO PUBLIC WORKS CONSTRUCTION CONTRACT
This third amendment (“Third Amendment”) to the Public Works Construction Contract for the Joslyn Senior Center Renovation Project for the (“Contract”), dated [October 4, 2022], by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and Armstrong Cal Builders, Inc. (“Contractor”), is made and entered into this 19th day of September 2023.
RECITALS
WHEREAS, it is the desire of the City and Contractor to amend their existing Contract, specifically to amend the time for completion from receipt of notice to proceed within (402) calendar days of the contract to December 22, 2023.
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Contractor agree as follows:
AGREEMENT
Section 1. Section 3 of the contract, entitled “Time for completion,” is hereby amended to read as follows:
3. “TIME FOR COMPLETION: The Work shall be completed within four hundred (402) calendar days from and after the date of City’s issuance of a Notice to Proceed to Contractor.”
Section 2. All other provisions of the Agreement shall remain unchanged by th is Third Amendment and in effect.
Section 3. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
CITY OF REDLANDS Armstrong Cal Builders, Inc.
By: _______________________________ By: ________________________________ Eddie Tejeda, Mayor Shawn Salah, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
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City Council/Financing Authority Meeting I. 8.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the request for in-kind support in the amount of $38,861 related to the Stater Bros. Charities Believe Walk, and approve the temporary street closures related to the event (Facilities and Community Services Director Crocker)
MOTION(S):
If the City Council determines that this request is appropriate, the following motions are provided:
I move to authorize and approve a request for in-kind support in the amount of $38,861 related to this event; and
1. I move to approve temporary street closures related to the event.2.
RECOMMENDATION:
Staff recommends that the City Council direct staff accordingly concerning the request for in-kind support and approve the temporary street closures related to the Stater Bros. Charities Believe Walk event to be held on Sunday, October 1, 2023.
DISCUSSION:
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facilities in support of a special event.
Stater Bros. Charities reserved the Redlands Bowl (east lawn only), Smiley Park, and Ed Hales Park on Saturday, September 30, 2023, for event set-up in preparation for the festivities and walking event, Believe Walk, on October 1, 2023, between the hours of 8 a.m. and 1 p.m. They are also requesting approval to temporarily close East State Street, 5th Street, 6th Street, 7th Street, 8th Street and 9th Street, Eureka Street, Grant Street, and 4th Street, Myrtle Street, Fern Avenue, Cypress Avenue, Hibiscus Drive, West Palm Avenue, Alvarado Street, Center Street, Clark Street, Michigan Street, and Olive Avenue, for the event.
Additionally, they are requesting in-kind support in the amount of $38,861 for departmental resources including Fire Personnel, Police Personnel, Facilities and Community Services Personnel and equipment, and the reservations of the Redlands Bowl, Smiley Park, and Ed Hales Park. Stater Bros. Charities is a registered non-profit organization operating out of the City of San Bernardino.
According to the submitted application, the event will raise critical funds that directly impact cancer care in the Inland Empire. The event this year is expected to draw 10,000 participants and raise over $500,000 for cancer organizations and support services. Furthermore, the application states that the Believe Walk brings economic benefits and impact to the City by attracting 10,000 participants to the downtown area.
ALTERNATIVES:
The City Council may deny the request to hold the event, the request for in-kind support or provide alternative direction to staff.
STRATEGIC PLAN:
Supports Strategic Plan Priority A: Quality of Life - Strategic Objective 1:
Beautification, Arts and Culture
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
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Rachel Tolber, Police Chief
PREPARED BY:
Michelle Groenke, Adminstrative Assistant
Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $38,861.00
Budgeted Y/N: N
Discussion:
The following include fees established by resolution of the City Council and departmental charges pertaining to personnel and equipment resources requested for the event. The departmental charges include costs outside of normal city operations that would not be incurred by the City if the special event was not taking place.
Departmental Charges
(Personnel & Equipment)
2023 Amount Type 2022 Amount
Police Personnel1 $28,548.00 Hard Cost $25,366.00
Fire Personnel1 $6,071.00 Hard Cost $2,839.00
FCS Personnel1 $2,025.00 Hard Cost $640.00
Fire Equipment $400.00 Soft Cost $600.00
FCS Equipment $600.00 Soft Cost $600.00
Personnel & Equipment
Subtotal
$37,644.00 $30,045.00
Fees Established by City
Council Resolution
Redlands Bowl Reservation $841.00 Soft Cost $841.00
Smiley Park Reservation $188.00 Soft Cost $188.00
Ed Hales Park Reservation $188.00 Soft Cost $188.00
Fees Subtotal $1,217.00 $1,217.00
Total Departmental Charges
and Fees
$36,644.00 (hard)
$2,217.00 (soft) $31,262.00
$38,861.00
(Total)
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1Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.
The following table summarizes the total estimated costs associated with the use of City resources and in-kind support approved for events scheduled during Fiscal Year 2023-24 to date:
TABLE 2: FY 2023-24 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
In-kind support
Amount
Net
Amount
$83,077.00 $6,018.00 $0 $89,095.00 $89,095.00
Attachments
Believe Walk In-kind Request
Verification of Non-Profit
Believe Walk Map
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Stater Bros Charities
EIN: 26-1236033 | Sn Bernrdno, California, United States Publication 78 Data
Organizations eligible to receive tax-deductible charitable contributions. Users may rely on this list in determining deductibility of their contributions.
On Publication 78 Data List: Yes
Deductibility Code: PC
Copies of Returns (990, 990-EZ, 990-PF , 990-
T)
Electronic copies (images) of Forms 990, 990-EZ, 990-PF or 990-T returns filed with the IRS by charities and non-profits.
Tax Year 2019 Form 990
Tax Year 2018 Form 990
Tax Year 2017 Form 990
Tax Year 2016 Form 990
Tax Year 2015 Form 990
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City Council/Financing Authority Meeting I. 9.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Disclosure of Settlement Agreement and Release of All Claims – Stanley Claiborne; U.S. District Court, Central District of California Case No. 5:22-cv-01287-DMG-SK (City Attorney Garcia)
DISCUSSION:
Attached is a copy of the "Settlement Agreement and Release of All Claims," which reflects the terms and conditions for settlement of the above-mentioned litigation as approved by the City Manager and City Attorney. The settlement amount is within the City Manager’s settlement authority under the Redlands Municipal Code.
In accordance with the Redland's Municipal Code, and following the spirit of the Brown Act, this matter is on your agenda to approve the settlement, notify the public of the settlement negotiated by the City and to authorize the Mayor to execute the Agreement.
SUBMITTED BY:
Yvette M. Abich Garcia, City Attorney
REVIEWED BY:
Charles M. Duggan, Jr., City Manager
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Attachments
Settlement Agreement
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City Council/Financing Authority Meeting J. 1.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Presentation by Accelerate Neighborhood Climate Action (ANCA) on their first year accomplishments and future directions (Mayor Tejeda)
DISCUSSION:
For this evening's City Council meeting, Richard Corneille and Linda Hamilton, of Accelerate Neighborhood Climate Action, will be presenting on the organization's first year accomplishments and future directions.
Attachments
ANCA Presentation
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Accelerate
Neighborhood
Climate Action
(ANCA)
Building resilient communities
neighborhood -by-
neighborhood
Update
on First Year
Accomplishments &
Future Directions
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ANCA Accomplishments 2022/23:
Educational Events
➢ Monthly Educational Events - 13
➢ Hands-on Training Events – 3
➢ A Day of Climate Action &
Celebration on Earth Day with 32
projects & 500 participants
➢ Outreach through tabling at the
Saturday Morning Market &
many other community events.
➢ Speakers Bureau - 15
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ANCA Accomplishments 2022/23:
Established 3 strong programs
Community
Education
Neighborhood
Action
Planning
Community
Outreach &
Engagement
Supported by 6 teams and a Coordinating Council.
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ANCA Accomplishments 2022/23:
Partnerships Developed
➢ University of Redlands:
SURF, Environmental
Studies Department
➢ Inland Empire Resource
Conservation District
➢ Esri (Hub)
➢ Inland Empire Master
Gardeners
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Thanks to the City for Your Support!
➢ Briefings at Council Meeting
in April-May, 2022
➢ Use of Community Center for
our Education Workshops
➢ City staff presentations at
Workshops.
➢ Participation in Earth Day
Celebration: Day of Climate
Action
➢ Councilperson Denise Davis
for Climate Policy Council.
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This Photo by Unknown Author is licensed under CC BY-NC-ND Climate Update
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❑ CO2 emissions reach record
high in 2023 despite need to
reduce emissions by 7.6%
each year this decade.
❑ Ocean temps have suddenly
spiked, reaching 100+ degrees
in some places.
❑ Sea ice is melting many times
faster than expected.
❑ Major tipping points are
dangerously close, which could
accelerate climate change even
more.
Climate Change is the Most
Serious Threat Facing Humanity
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Locally we have
experienced in
the past year…
❑ Severe drought
throughout the
Southwest
❑ Rivers and reservoirs
at an all-time low
❑ Record rain and snow
pack
❑ Record temperatures
❑ A tropical storm!
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❑ …our homes, our
neighborhoods, our
infrastructure, our food
system, and much more.
❑ We need to immediately
and drastically lower carbon
emissions.
❑ We need to ensure
environmental justice.
We need to get prepared at every
level of our community…
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This is ANCA’s mission.
We invite everyone in
the community to join
us.
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Cooler Homes
& Neighborhoods
Sustained
Water
Conservation
Protection
of
Biodiversity
Accelerate Neighborhood Climate Action (ANCA)
Vision for a Climate-Resilient Community
Towards reduced carbon emissions, increased readiness & environmental justice Disaster
Preparedness at
Neighborhood
Level
Local,
Sustainable
Food System
Zero Waste
Community
Localized
Accessible
Health Care
Localized
Economy
Low Carbon
Transportation
System
Energy Efficient
Homes &
Businesses
These are the components of a climate-resilient
community that we can start building at the
neighborhood level. We invite your interest,
feedback, and ideas. If you would like to involve
your neighborhood, contact us at
[email protected].
Accelerate Neighborhood Climate Action (ANCA)
Vision for a Climate-Resilient Community
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Resilient Communities Have . . .
Cooling strategies
for all
neighborhoods
including white
roofs, well-insulated
homes, cooling
centers, and tree
canopies
Reduced their carbon
footprints by transitioning
to renewable energy and
eliminating other sources
of carbon emissions.
A strong local food
system from grower to
buyer.
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Resilient Communities Have . . .
A thriving localized
economy that works for
everyone.
A sustainable
water system
where everyone
conserves and
uses water wisely.
A low carbon
transportation
system.
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ANCA Goals for Next 12 Months
Continue monthly educational
events
Launch neighborhood planning
in at least 6 neighborhoods.
Bring together at least 3
community networks to
encourage working together on
climate challenges.
Lead coalition to hold second
annual Day of Climate Action for
Earth Day 2024.
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Many thanks again from all of us!
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City Council/Financing Authority Meeting J. 2.
DATE: 09/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Discussion and possible action relating to a policy for council members to add items to future City Council meeting agendas (Council Member Davis)
MOTION:
I move to direct staff to develop a policy for council members to add items to future City Council meeting agendas.
OR
I move to form a City Council subcommittee to develop a policy to add items to future City Council meeting agendas and appoint ____________ and ______________ to serve on the subcommittee.
DISCUSSION:
This item is being put forth to City Council to allow for discussion and possible action relating to a policy for council members to add items to future City Council meeting agendas. While this has been informally handled through requests made by council members of the City Manager, the City Council has never adopted a policy specific to council member requests for future agenda items. Pursuant to the Redlands Municipal Code 2.04.040, the City Manager is the administrative head of the City government and, as such, prepares the agenda and has the authority to schedule agenda items based on those business items requiring City Council action.
The Brown Act (Government Code section 54954.2(a)(3) provides a specific means for adding agenda items to future meetings. That section provides that a member of a legislative body (such as a Council Member) can, as part of a Redlands Regular Meeting of 09-19-2023
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regular meeting, request staff to report back to the Council at a subsequent meeting concerning any matter that is not on the current agenda, and to take a vote by which a majority of the Council agrees to direct staff to place a matter of business on a future agenda.
In anticipation of this agenda item, staff conducted a cursory survey of cities in the surrounding area to identify what formal or informal methods are currently being used. A summary of the findings is attached.
If the City Council wishes to proceed with development of such a policy, the Council may direct city staff to return with a policy for the Council’s consideration at a future meeting. In the alternative, the City Council may form a Council subcommittee to work with city staff to develop the policy and return to the City Council with a recommendation.
Attachments
Summary of Local Cities
Big Bear Lake Council Manual
Colton Manual of Procedure
Email from Loma Linda
Rialto Reso. 6773
San Bernardino Reso. 2021-68
Yucaipa Code of Conduct
County of San Bernardino
Palm Springs Reso 24992
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1 I:\cmo\2023-Staff Reports CA Review\9.19.23\5073 - Adding Items to Agenda\Summary of Local Cities.docx September 12, 2023 Summary of Processes by Local Cities
City Process Citation
Big Bear Lake
General Law City
Council/Manager
Any City Councilmember, with the concurrence of one additional Councilmember, may request to place an item on an upcoming City Council meeting agenda, providing the City Manager with at least 30 days’ notice in order to provide ample time for staff preparation.
Such requests may be made during “Councilmember Board/Committee Reports & Comments” in a City Council meeting, or may be made directly to the City Manager at any other time. The City Manager may also place items on the City Council meeting agenda as necessary in his/her judgement to further ongoing City initiatives, meet Federal/State/other requirements, address perceived community needs and to take advantage of beneficial opportunities.
City of Big Bear Lake
Council Manual, “III
Agenda Item
Submission”
City of Colton
General Law City
Council/Manager
C-1 An agenda shall be prepared for each regular meeting in accordance with Section 54954 and any other applicable sections of the Brown Act. The agenda shall contain the specific items of business to be transacted and the order thereof. Items of business to be heard in public may be placed on the agenda by any Councilmember, the City Manager, the City Attorney or the City Clerk. The City Clerk prefers that such requests be submitted on or before 4:00 p.m. on the Tuesday one week prior to the regular meeting. Items of business to be heard in closed session may be submitted by any two (2) Councilmembers, the City Manager or the City Clerk to the City Attorney or Risk Manager for review for compliance with the provisions of the Brown Act, and the City Attorney or Risk Manager shall place such items that comply with those provisions on the closed session agenda.
Notwithstanding the foregoing, however, items of business relating to personnel matters involving performance review or discipline, dismissal or release of specific City employees shall only be placed on the closed session agenda at the direction of the City Manager or upon the request of three Councilmembers through the City Clerk.
City Council Meetings,
Manual of Procedures
City of Corona
General Law City
Council/Manager
No written policy. If a council member wants an item on the agenda its mentioned in a meeting and added to a list for future meetings, or the council member can fill out a form requesting an item and submit it to the City Manager.
Phone Call.
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2 I:\cmo\2023-Staff Reports CA Review\9.19.23\5073 - Adding Items to Agenda\Summary of Local Cities.docx September 12, 2023 City of Loma Linda
Charter City
Council/Manager
“the City does not have any formal written policies or procedures for elected officials to place items on the Agenda. Should a Council member have items they want to place on the agenda, they speak with our City Manager. The City Manager will authorize placing items on the agenda. Depending on the matter, there may be situations he will consult with our City Attorney for approval.”
Email from City Clerk
Palm Springs
Charter City
Council/Manager
F. Placement of Items on Meeting Agendas
1) The City Manager shall be responsible for scheduling items for City Council meetings. 2) A Councilmember may request staff agendize an item for a future City Council meeting during the “City Council and City Manager Requests and Upcoming Agenda Development” portion of the agenda by a majority vote of the City Council. 3) Individual members of the City Council must sponsor and seek two co-sponsors to add an item to the agenda if it is demonstrated there is a need to take immediate action sooner than can be accommodated under Section 2.F.2
Resolution No. 24992
Section 2F, Pg7.
City of Rialto
General Law City
Council/Manager
9. Council Requests: The Council shall receive all requests of individual Councilmember for investigation and reports by the City staff, commissions, boards and committees regarding any proper matter of municipal business. Said requests shall be received without the necessity of the specific item or request appearing on the agenda; provided however, that no action shall be taken other than referring the matter for an investigation and report.
Resolution No. 6773
7.14.2015
City of San Bernardino
Charter
Council/Manager
3) Each City Council agenda will include a section entitled “items to be Considered for Future Meetings.” This section is to list requests for items to be considered at future council meetings. If a majority of Council Members approve the request, then the item with completed staff work, will be brought forward at a future Council Meeting. 6) Requested items will not be placed on a future agenda, and staff work will not commence, without concurrence from the majority of the members of the City Council.
Resolution 2021-68
City of San Bernardino
Administrative Policy
Manual, “Procedure for
Elected Officials to
Place Items on the City
Council Meeting
Agenda”
County of San
Bernardino
Rule 6. Preparation of Agenda and Fair Statement. An agenda shall be prepared by the Clerk of the Board of Supervisors for each meeting of the Board and shall contain a brief general description of each item of business to be transacted or discussed at the meeting.
The agenda shall specify the time and location of the regular meeting and shall be posted at least 72 hours before the meeting in a location that is freely accessible to members of the public. All proposed agenda items shall be approved for placement on the agenda by the County Administrative Officer, the Chairperson of the Board of Supervisors, or their Am. Ord 3944, passed
2005
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designees, before being placed on the agenda by the Clerk of the Board. Notwithstanding the foregoing, any member of the Board of Supervisors or his or her designee may place an item on the agenda after presenting that item to the Chairperson and the County Administrative Officer or their designees. The Clerk of the Board shall prepare a fair statement of proceedings of meetings of the Board of Supervisors.
City of Yucaipa
General Law City
Council/Manager
AGENDA ITEMS: The Mayor and Mayor Pro Tem, in consultation with the City Manager, shall determine agenda items for City Council Meetings. However, to ensure all Council Member views are represented, study session agendas contain a section titled “Council Member Reports/ Requests”. In addition to their reports, this portion of the meeting allows any Council Member to request an agenda item for a future meeting, and allows the City Council to have a short discussion on the request (but not on the substance of the item). Any request must include an explanation of the issue and the goal of the proposed Council discussion. If at least one other Council Member indicates support for the request at that time, then the item shall be placed on a future agenda. Upon support for the request, the Council will provide direction to staff on information that is desired to be presented when the item is placed on a future agenda. Additionally, with the advice of the City Manager and City Attorney, the Council will provide direction to staff on the type of meeting (regular or special) and the type of session (closed, study, or general) at which the item will be considered. The Mayor and Mayor Pro Tem shall schedule the item no later than 45 days following the request, unless the Council Member who requested the item consents to it being placed on the agenda of a later meeting.
Yucaipa Code of
Conduct, “Agenda
Items Pg. 3”
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City of Big Bear Lake
City Council Policy, Procedures, and Rules of Order Manual
Adopted by City Council
Via Resolution No. 2022-21 on March 7, 2022
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TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 – INTRODUCTION & PURPOSE 1
CHAPTER 2 – ROLE OF CITY COUNCIL 2
CHAPTER 3 – COUNCIL MEETINGS 10
CHAPTER 4 – AGENDA 18
CHAPTER 5 – MEETING RULES OF CONDUCT AND DECORUM 20
CHAPTER 6 – ADMINISTRATIVE MATTERS 30
CHAPTER 7 – RELATIONSHIPS AND CONDUCT 33
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 37
CHAPTER 9 – COMMISSIONS, COMMITTEES AND BOARD 41
CHAPTER 10 – ENFORCEMENT 44
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CHAPTER 1 – INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy, Procedures and Rules of Order Manual (“Manual”), the City Council of the City of Big Bear Lake (the “City Council” or “Council”) hereby establishes updated Rules of Order for th e preparation of its agendas, conduct of its meetings, and transaction of other City business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates and supersedes any prior related Council Policies, Resolutions, rules and administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.
B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Big Bear Lake has a long and proud tradition of open government and civil, intelligent public discourse.
This Manual is intended to enhance public participation and Council debate so that the best possible decis ions can be made for Big Bear Lake. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.
C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectivity “Rules”) of the Big Bear Lake City Council consolidated and contained in a single, easily -accessible document that will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.
II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL
A. Effective Date. The rules contained in this manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time at this Manual is amended and new Rules are adopted and/or updated by City Council resolution.
B. Periodic Review. This Manual will be reviewed on an as-needed basis, and revised by City Council resolution if and as needed.
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CHAPTER 2 – ROLE OF CITY COUNCIL
I. OVERVIEW
A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additio nal ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.
B. Establishment of City Policy. City Policy is established, and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy -making authority beyond that of the other Councilmembers.
C. Decisions of Majorit y of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, C ity staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wished of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.
II. COUNCIL ELECTION AND GOVERNANCE
The City of Big Bear Lake is governed by a five -member City Council elected by-district to four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even-numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one -year terms at the first regular meeting in December of every year or as soon thereafter as feasible and when applicable, following the certification of election results and seating of new City Councilmembers. The newly - appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote. Prior to this meeting, the Council and Council -elect (in even numbered years) will be invited to participate in a regularly scheduled or special meeting in November to provide each Councilmember and/or Councilmember -elect the opportunity to express their interest in becoming the Mayor or Mayor Pro Tem and/or in participating in various committees and agencies.
The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as show below.
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1. The City Clerk opens nominations.
2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.
3. The City Clerk closes nominations.
4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.
5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.
6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.
The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk to facilitate the appointment.
Should the Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.
III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be dele gated to the Mayor by majority vote of the City Council.
B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion:
1. to preserve order at all Council meetings by facilitating the effective conduct of business during meeting s and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;
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2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of the Manual;
3. to determine the order of business at meetings of the City Council; and
4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi -judicial proceedings. The M ayor or the Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.
C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.
D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangements of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.
E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been adopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain docu ments when so authorized by Council action and/or the provisions of the Big Bear Lake Municipal Code.
F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings . When both the Mayor and Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.
G. New Councilmember Orientation. The City Manager will lead, with assistance from the City Attorney and City Clerk, new Councilmember orientations to provide a comprehensive overview of City operations, policies, ordinances, applicable State law, current projects, and current initiatives.
IV. ROLE AN DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency. Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Big Bear Lake and rules regarding residency are further discussed in Section 243 Redlands Regular Meeting of 09-19-2023
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and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk imm ediately following the adoption of the Manual and again on an annual basis at a Council meeting in December, their residency or domicile within the City of Big Bear Lake.
B. Advance Preparation for Meetings.
1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.
2. Seek Prior Clarification for Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda-package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Man ager, the City Attorney, or City Clerk as soon as possible after receipt of the agenda packet and prior to the meeting to which the agenda packet relates. The City Manager may delegate specific City staff to respond to questions, as may be helpful to the C ouncilmembers/or City Manager.
3. Avoid Unfair Surprise. Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anti cipate or have researched for that particular meeting.
4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor, City Manager, and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. Any member of the Council not in attendance at a Council meeting shall be noted as “absent”.
Such absences shall be considered unexcused , unless the City Council formally excuses an absence by a majority vote, in which case the absent member of the Council shall be noted as “excused”.
C. Council Vacancies. Whenever a vacancy occurs in the Office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Go vernment Code Section 36512 or the provisions of Municipal Code Section 2.08.040 adopted by the City Council. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited Redlands Regular Meeting of 09-19-2023
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to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free form the appearance of impropriety. Except for official communications with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers an d candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment.
D. Leadership, Goals and Policy; Ex-Officio Roles of the City Council.
1. Leadership, Goals and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the cit izens and translating these into specific programs. Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff. Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.
2. Ex-Officio Roles. The City Council also serves as the Boards for the City of Big Bear Lake Fire Protection District, Big Bear Lake Fire Authority, and the Successor Agency to the Big Bear Lake Improvement Agency. References made in the Manual to the City Council also inclu de the Council when acting in its roles on the Boards of the aforementioned entities.
E. Engaging in Legislative and Quasi -Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi- judicial.
1. Legislative. These actions/decisions formulate rules to be applied to all future cases. Examples, include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.
2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi -judicial proceedings affect individual properties or p arties. Quasi -judicial p roceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.
3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and Redlands Regular Meeting of 09-19-2023
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appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.
F. Issuing Subpoenas. Pursuant to Government Code Section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
G. Handling Concerns or Complaints from the Public and Staff. Councilmember shall functions within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated res pectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard.
Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.
Councilmembers shall use the following procedures when handling concerns or complaints:
1. Receive – Listen to what the person has to say without preparing a response.
2. Repeat – Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to who she/he has spoken about the matter prior to contacting a Councilmember.
3. Request – Ask what the person would like the Councilmember to do with the information and/or what is seen as a solution to the problem.
4. Review – Indicate that the information will be shared with the City Manager so that the City Manager or his/her designee may be able to provide a response or additional information as may be necessary.
V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day - to-day actions and decision-making by Councilmembers and represents a commitment to uphold a standard o f integrity beyond that required by law. The citizens and businesses of Big Bear Lake are entitled to a fair, ethical, and accountable local Redlands Regular Meeting of 09-19-2023
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government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:
1. Public officials, both elected and appointed, comply with both the letter and spirits of the laws and policies affecting the operations of government.
2. Public officials be independent, impartial, and fair in their judgement and actions.
3. Public office be used for the public good, not for personal gain.
4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.
B. Principles and Standards. The principles and standards of ethical conduct for Big Bear Lake City Councilmembers are hereby established as set forth below.
1. Act in the Public Interest. Recognize that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Big Bear Lake and not for any private or personal interest, and they assure fair and equal treatment of all persons, claims and transactions coming before the Big Bear Lake City Council.
2. Comply with the Law. Councilmembers shall comply with the laws of the nation, the State of California, and the City of Big Bear Lake in the performance of their public duties. The laws include, but are not limited to: the United State and California Constitutions, the Big Bear Lake City Charter, the Big Bear Lake Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.
3. Councilmember Conduct. The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy the First Amendment right, they shall p ractice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disru pt and not further the City’s business.
4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and Rules of Order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.
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5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather on unrelated considerations.
6. Conflict of Interest. In order to assure their independence and impartia lity in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.
7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.
8. Use of Title. Councilmembers may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise. Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.
9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.
10. Use of Public Resources. Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities for private gain or personal purposes.
11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do no represent the opinion of the entire Council.
12. Positive Workplace Environm ent. Councilmembers shall support the maintenance of a positive and constructive workplace environment for City employees, private citizens, and businesses dealing with the City.
Councilmembers shall recognize their role in individual dealings with City Employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.
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13. Policy Role of Councilmembers. Councilmembers shall respect and adhere to the Council -Manager structure of Big Bear Lake City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provi ded by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government. Although this Code of Ethics and Conduct is intended to “be self -enforcing” and will be mo st effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal ce nsure as set forth in Chapter 10 of this Manual.
C. Norms and Protocols.
1. We conduct ourselves in a professional manner.
2. We respect open government.
3. We value civil, intelligent public discourse.
4. We seek to be efficient in our meetings.
5. We treat all members of the public with respect.
6. We understand our role in contributing to a positive workplace environment.
7. We respect the Council-Manager form of government, and Councilmembers do not interfere with the role of the City Manager or any professional duties of City staff.
8. We keep confidential matters confidential.
9. We know that a good working relationship between Councilmembers and staff fosters good goal setting, policy making and service delivery.
10. We understand that Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the Council.
11. We understand that staff is obligated to implement decisions made by the Council, even if one of us doesn’t agree the Council’s decision.
12. We are prepared for Council meeting and ask our questions of staff in advance so we can avoid surprising staff at the meetings. We know this is good teamwork.
13. We act with high integrity in all matters and follow our code of ethics.
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CHAPTER 3 – COUNCIL MEETINGS
I. REGULAR MEETINGS
A. Regular Meetings of the Council shall be held in accordance with the schedule outlined in the Municipal Code and the adopted regular meeting calendar. All Regular Meetings shall adjourn by 10:00 p.m. unless a majority of the City Council votes to continue the meeting past the fixed time of adjournment. Any motion to extend the meeting beyond 10:00 p.m. and not included in a motion to extend the meeting shall automatically be continued for consideration at the next regularly scheduled City Council meeting.
The annually approved meeting schedule will include regular City Council meetings held on the first and third Monday of each month except when there are City observed holiday conflicts or other holiday related scheduling considerations. When the meeting calendar allows for Council to hold a second regular monthly meeting, that agenda will be tailored specifically for Council to participate in focused discussions related to significant City issues, initiatives, and other important time-sensitive topics, in more of a workshop format.
All Regular Meetings of the City Council will be recorded and broadcast live on a local cable channel and on the City’s website, except in rare insta nces when unforeseen scheduling or technical issues may arise. Recordings of Regular Meetings will be uninterrupted and will begin approximately ten (10) minutes before the start of the meeting, and will continue until all Councilmembers, staff members, an d audience members vacate the Council chamber.
B. Compliance with Ralph M. Brown Act. To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the City Council shall be held in compliance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).
II. SPECIAL, WORKSHOP AND CLOSED SESSION MEETINGS
A. Special/Workshop Meetings. Special meetings and workshops are meetings of the Council held on special or irregular dates and may be called by three or more members of the Council or by the Mayor. The City Clerk shall prepare and mail, personally deliver, or deliver by any other means that ensures receipt, to each member of the City Council, and to each local newspaper and radio that has requested notice in writing at least 24 hours before the time of the meeting, a notice of special meeting starting time, place and business to be transacted. Only matters set forth in the notice of the meeting shall be discussed at such meeting and no ordinance (other than urgency ordinances) may be adopted. In the event of conflict between this paragraph and the provisions of Section 54956 of the Government Code governing special meetings, the latter section shall prevail.
All Special Meetings of the City Council will be broadcast live on a local cable channel and on the City’s website, except in rare instances when unforeseen scheduling or Redlands Regular Meeting of 09-19-2023
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technical issues may arise. Recordings of Special Meetings will be uninterrupted and will begin approximately ten (10) minutes before the start of the meeting, and will continue until all Councilmembers, staff members and audience members vacate the Council Chamber.
B. Closed Session Meetings. The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by state law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney makes reports following Closed Sessions in accordance with the Brown Act.
III. CANCELLATION OF MEETINGS
A. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the Mayor, City Attorney, City Clerk and/or City Manager of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.
Appropriate notices will be provided. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings.
IV. MEETING MINUTES
A. As an Official Record. The official action minutes of the City Council will be kept by the City Clerk in a minute book with a record of each particular type of business transacted set off in paragraphs with proper sub -headings. The City Clerk shall be required to make a record only of such business that was actually passed upon by a vote of City Council and shall not be required to record any remarks of any member of the City Council or of any other person. Names or persons addressing the City Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in oppositions to such matter shall be entered into the minutes.
B. Recordings. The City Clerk will electronically record all regular City Council meetings, with the exception of closed sessions, and will retain the video recordings per the City’s Records Retention Schedule. At his/her discretion, the City Clerk may retain video recordings for a longer period.
C. Distribution of Minutes. As soon as possible after each meeting, the City Clerk shall furnish a copy of the minutes to each Coun cilmember, the City Manager, each Department Head, and any other individuals designated by the City Clerk or City Manager.
D. Reading of Minutes. Unless the reading of the minutes of a Council meeting is requested by a member of the Council, the minutes may be approved without reading Redlands Regular Meeting of 09-19-2023
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if the City Clerk has previously furnished each member of the Council with a copy thereof.
E. Approval of Minut es. Minutes may be approved by placement on the Consent Calendar. All Council members may vote on such approval, even if they were absent from the applicable meeting.
V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council meeting is generally shown on the agenda in the order set forth in Section (B), below, but may be modified (i.e. Mayoral appointment meeting) when necessary on a case-by-case basis by the Mayor on his/her own prerogative or by the City Manager, as the Mayor may deem appropriate.
B. General Order of Agenda Items of Business for Council Meetings.
• Open Session
• Closed Session Public Communications
• Closed Session
• Open Session
• Call to Order
• Pledge of Allegiance
• Invocation
• Roll Call
• Results of Closed Session
• Presentations
• Public Communication
• Consent Calendar
• Items Removed from the Consent Calendar
• Public Hearings
• Discussion/Action Items
• Comments, Announcements & Additional City Business
• Adjournment
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS
A. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s considerations of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appear on the agenda or on other matters of interest within t he jurisdiction of the City Council that do not appear on the agenda.
1. Restrictions. public comment periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a Redlands Regular Meeting of 09-19-2023
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particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regard ing an applicable personal interest under the conditions specified in section 18707(a)(3)(c) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).
2. Reasonable Time, Place and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.
B. Appeal Hearings.
1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court -like). Fair hearings and impartial decision - makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision-making body in quasi-judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.
C. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invite d to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.
1. When Required. Public hearings may be required on certain items as prescribed by the Big Bear Lake Municipal Code and/or state an d federal law.
Some examples of when public hearings are generally required include: zoning changes, some annexations, development code amendments, introduction an d first reading of ordinances, and increases of City fees and charges for utilities and other services.
2. Cancellation and Continuances for Hearings Set by Council. Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause.
If needed, cancell ed public hearings shall be re -noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re-noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.
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3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuance of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.
(b) The written request shall specify: (1) the reasons for the request of continuance, and (2) the Council meeting date on whic h the proponent/appellant desires the matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which t he matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.
4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by an in-person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations sets forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.
(d) Members of the public present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public heatin g after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action
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5. General Quasi-Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi -judicial matter, the provision of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although t he City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b) Staff presents its report, either by way of written staff report or by in - person oral presentation.
(c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(f) Members of the public may present their comments, subject to time limitations established by the Presiding Officer and/or this Manual.
(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
(i) Council deliberates and takes action.
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D. Consent Calendar. Items on this portion of the agenda include matters considered to be routine, administrative, procedural, minor and/or non -controversial in nature, such as approval of minutes for a prior meeting(s), approval of the register of demands, second readings of ordinances, and other minor and/or non-controversial items. Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.
1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.
2. Pulling Consent Calendar Items. Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers.
This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motion to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, below.
3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/she wishes to vote “no” on the item before the Presiding Officer or City Clerk calls fo r the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting “no” on Item x.”
E. Discussion/Action Items. Items on this portion of the agenda are each discussed/debated and voted on separately.
F. City Clerk, City Attorney and City Manager Comments. The City Clerk, City Attorney, and City Manager provide brief announcements regarding current events, projects, initiatives, and other matters of interest to Council and the publi c. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.
G. Councilmember Board/Committee Reports and Comments. This portion of the agenda provides Councilmembers the opportunity to give a brief report on respective C ity- appointed committee, agency and/or board meetings attended since the last City Council meeting (i.e. Mountain Transit, BBARWA, etc.) in addition the Council can make brief general announcements on City events or projects germane to the business of the City. Comments shall pertain to items not on the posted agenda. Councilmembers Redlands Regular Meeting of 09-19-2023
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may also request that future agenda items be scheduled, provided at least one other member concurs with the request for a future agenda item. In accordance with the Brown Act, n o substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.
H. Resolutions. As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long -term application) are taken by ordinance, whereas more routine business and administrative matters (usually more transitory in nature or a singular act like approving a budget amendment) are accomplished by resolutions. The adoption of a resolution will be referenced in the meeting minutes and will be recorded in a separate document, numbered in sequence and preserved in a separate set of books. Such resolutions are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary documents to be transmitted to another governmental agency, or when the frequency of future reference back to its contents warrants a separate document with the additional “whereas” explanatory material if often recites to facilitate such future reference and research.
I. Ordinances. An ordinance shall not be passed within five (5) days of its introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction at either a regular or special meeting. Except when after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Councilmembers present, all ordinances shall be read in full either at the time of introduction or passing. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular meeting or at an adjourned regular meeting held at least five days after introduction of the altered ordinance.
Corrections of typographical or clerical errors are not alterations within the meaning of this section.
Effective date: all ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance.
Publishing: it shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code.
Urgency Ordinance: All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5 majority, it may thereafter be considered and passed in the same manner as regular ordinances.
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J. Invocation. All regular City Council Meetings will include an invocation after the open session meeting is officially called to order and the Pledge of Allegiance is recited. The brief invocation is intended to reflect upon the community’s shared ideals and common ends before the City Council embarks on the business of governing. To ensure objectivity in the selection of the speaker of the invocation, on an annual basis the City will compile a list of all known local individuals who are wiling to volunteer to provide an invocation. The invocation speakers will be selected without preference to any specific religion, belief, faith or ideology. No guidelines or limitations shall be issued by the City regarding invocation context, except that the invocation may not proselytize or advance any faith, or disparage the religious faith or non-religious views of others.
Staff will make every effort to schedule a local religious or other leave to give the invocation, but in the event a religious leader or other leader cannot be scheduled, there is a last minute cancellation or the scheduled speakers fails to appear, a moment of silence will be observed in lieu of the invocation.
Related to the City Council’s inclusion of invocations into their publi c meetings, the City Council will also ensure that America’s national motto, “In God We Trust”, and America’s de facto motto “E Pluribus Unum” will be displayed under the City seal in the Council’s meeting chambers as a symbol of the City of Big Bear Lake ’s national patriotism.
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CHAPTER 4 – AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES.
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.
B. Council Preparation. To foster the orderly, effective and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.B of this Manual).
II. AGENDA PREPARATION
A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.
B. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, inc luding staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and are typically made available to the Council on Thursday preceding each regularly - scheduled meeting. The agenda packet is simultaneously m ade available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act.
Once the agenda packet has been sent to the City Council, items may be added to that agenda by the City Manager or the City Attorney when neces sary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or ur gency items, provided doing so complies with the provisions of Government Code Section 54957.2(b).
C. Minimum requirements. The agenda specifies the time and location of the meeting and a brief description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any.
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III. AGENDA ITEM SUBMISSION
A. Placing items on the Agenda. As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager, City Clerk or his/her designated staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.
B. Councilmember Agenda Requests. Any City Councilmember, with the concurrence of one additional Councilmember, may request to place an item on an upcoming City Council meeting agenda, providing the City Manager with at least 30 days’ notice in order to provide ample time for staff preparation. Such requests may be made during “Councilmember Board/Committee Reports & Comments” in a City Council meeting, or may be made directly to the City Manager at any other time. The City Manager may also place items on the City Council meeting agenda as necessary in his/her judgement to further ongoing City initiatives, meet Federal/State/other requirements, address perceived community needs and to take advantage of beneficial opportunities.
1. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).
2. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.
C. Agenda Requests by Members of the Public. Upon agreement by at least two members of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:
1. A member of the public may write a letter to the City Council.
2. A member of the public may speak during the Public Comment period at a City Council meeting.
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CHAPTER 5 – MEETING RULES OF CONDUCT AND DECORUM
I. AGENDA ITEM SUBMISSION
A. Rosenberg’s Rules. Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other ac tion of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict of ambiguity between Rosenberg’s Rules and the rules set forth in the Chapter, the rules in this Chapter shall prevail over Rosenberg’s rules.
B. Parliamentary. The City Attorney shall act as the Parliamentarian and shall decide all questions of order. In the absence of the City Attorney, the City Manager shall act as the Parliamentarian.
C. General Process for Handling Agenda Items. The following process is the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.
1. The Presiding Officer announces the curre nt agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.
2. The City Manager, City staff, or submitter of the agenda item briefly discusses the item.
3. Staff presents its report (as needed), either by way of a written staff report or by an in-person oral presentation.
4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting.
Councilmember questions on an item may not exceed two (2) minutes unl ess an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council.
5. The Presiding Officer invites a motion.
6. Following a valid motion and second, the Council discusses, deliber ates, and takes action as described in this Chapter.
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7. An affirmative vote of the Council carries the motion, as described herein.
II. RULES OF DISCUSSION AND DEBATE FOR REGULAR MEETINGS
A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or order to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.
B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the Chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.
C. Councilmembers to Address Presiding Officer. Every Councilmember desiring to speak shall first address the chair, gain r ecognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.
D. Questions to Staff. Every Councilmember desiring to ask question s of City staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV.A of this Manual, Councilmember questions to City staff shall be subject to a two (2) minute time limit pe r agenda item, not including the time taken for staff response(s). Statements masquerading as questions may be ruled out of order by the Presiding Officer.
E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but gen erally shall not exceed a total of five (5) minutes per agenda item (not including the two (2) minute period for Questions to Staff referenced in Section D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five (5) minute time limit may be extended by a majority vote of Cit y Council. No Councilmember shall be allowed to Redlands Regular Meeting of 09-19-2023
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speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.
F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: (1) called to order by the Presiding Officer, (2) a point of order or point of privilege is raised by another Councilmember, (3) the speaker chooses to yield to a question by another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if inter preted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
G. Point of Order. When a Councilmember believes a breach of the Council’s parliamentary procedure rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council.
The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to speak the ruling is seconded, the question shall be “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.
H. Point of Pr ivilege. Any Councilmember can raise a Point of General or Personal Privilege.
1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”
2. Point 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 his/her integrity, character, or motives are questioned or where the welfare of the Council is concerned. A councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.
I. Move or Call the Question. Any councilmember may move to immediately bring the motion/question being debated to a vot e, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion or Move or Call the Question, said Redlands Regular Meeting of 09-19-2023
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motion must be seconded and passed by a two -thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the f loor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues.
J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present.
Matters that are quasi-judicial in nature or matters that require a noticed public hearing cannot be considered.
K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II.M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.
L. Remarks of Councilmembers and Synopsis of Debate. A councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the Council entered into the minutes . If the Council consents thereto, such statements shall be entered into the minutes.
M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State Law, such as Government Code Section 36936, the provisions of the Political Reform Act, or the FPPC Conflicts of Interests regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.
N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the Council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons…”
O. Seconding of Motions Required. A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.
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P. Other Time Limi tations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.
Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.
R. Voting Rules.
1. Vote Unless Disqualified. All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification.
(a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to Conflicts of Interest.
(b) Any Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon. Any Councilmember so abstaining will be counted as present for purposes of es tablishing a quorum. Such an abstention will be counted (1) as neither an affirmative vote nor a dissenting vote and (2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.
2. Silence During the Vote. Unless a Co uncilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote.
3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote. All votes of the City Council shall be by roll call. The City Clerk shall randomly call the names of each member of the Council, except that the name of the Presiding Officer shall be called last. According to Government Code Section 36936, a recorded majority vote of the total membership of the City Council is required for res olutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent other specific law requirements, a motion carries with a majority vote of a quorum of the City Council.
4. Quorum. Three members of the City Council shall constitute a quorum for the transaction of business. When there is no quorum, the Mayor, Mayor Pro Tem, or any member of the Council shall adjourn such meeting, or if no member of the Council is present, the City Clerk shall adjourn the meeting. For the purpose Redlands Regular Meeting of 09-19-2023
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of considering any item subject to vote of the Council, when a member of the Council disqualifies him/herself to a conflict of interest, his/her presence shall not be counted toward a quorum and that person shall not be permitted to vote unless required pursuant to the rule of necessity. The rule of necessity shall not be applied where any member of the Council is absent. If the Council loses a quorum due to a disqualification and the rule of nece ssity does not apply, the remaining Councilmembers may continue to discuss the item as a committee of the whole, but they shall not take action on the item.
Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2 to 1, if only 3 members of the Council attend. The following matters, however, require three (3) affirmative votes : adoption of ordinances, resolutions granting franchises, order for payment of money, and selection of presiding officers.
If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection that number of its disqualified members which, when added to the members eligible to vote shall constitute a quorum.
5. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.
6. Changing a Vote. A councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time tha t the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not be subsequently allowed to withdraw his/her abstention.
S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict, and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (or the Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704 (d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain at the dais.
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T. Leaving the Dais. To the extend a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember such relinquish his/her ability to speak on the same item upon his/her return to the dais.
U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and so not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be cons idered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL,
PUBLIC, AND STAFF
A. Public Participation.
1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to the City Clerk prior to the start of the meeting or before a public hearing item is announced.
(a) During Public Comment periods, each person receiving permission from the Presiding Officer to address the Council shall step up to the microphone at the podium and state his/her name and the city of residence for the record. The speaker shall then specify the agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non -agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons. All remarks shall be addressed to the City Council as a body only. No person other than a member of the Council and the person having the floor shall into any discussion without permission of the Presiding Officer. Public comment is permitted on items not on the agenda that are within the subject matter jurisdiction of the City, and on agenda items. Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three (3) minute maximum time limit when addressing a respective board (City Council, Fire Protection District or Successor Agency). Any qualified and interested person following this procedure shall have the right to be heard.
(b) Members of the publi c may also submit written or email communications to the City Council at any time prior to or during the City Council meeting, and all Councilmembers will make every effort to read and consider such communications prior to consideration of the specific age nda item. However, in order to ensure receipt by Councilmembers and allow for thoughtful consideration of the comments, members of the public are encouraged to submit written or Redlands Regular Meeting of 09-19-2023
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email communications no later than 10 hours prior to the start of the meeting.
(c) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time shall be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
(d) During both Public Comment period and during Public Hearing Items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be address to the Council as a whole and not to any member thereof. No questions shall be asked be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.
(e) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the question s, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2(a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public, or arrange to discuss the request individually with the member of the public at an alternate time.
(f) During public comment periods a nd irrespective of the subject of viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially time-consuming setup or technical difficulties.
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2. Spokesperson for Group of P ersons. To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the gr oup to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to speak to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed twenty (20) minutes). Such ti me limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure that Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.
3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council.
B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed:
1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise (1) delay or interrupt the proceedings or the peace of the Council, (2) disturb any Councilmember while he/she is speaking, or (3) refuse t o obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint -neutral manner.
(a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or an item listed in the Appeal and/or Public Hearings sections of the agenda.
(b) E-Communication Prohibited. Except as specified in subdivision (b), below, Councilmembers shall not use E -Communication at any time during a meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-Communication is prohibited during Council meetings so that Councilmembers may remain attentive Redlands Regular Meeting of 09-19-2023
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to members of the public, staff, or others as they are speaking to the City Council, should take care to prevent the perception of a Brown Act violation, ensure the integrity of quasi -judicial proceedings and to prevent the perception that other unknown parties are influencing Council decisions during the meeting. E -Communication, which includes blogging, is defined as “electronic text, audio or visual communication, and attachments distributed via e -mail, telephonic service, website, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services”. Outside of City Council meetings, Councilmembers should not communicate via E - Communications with more than one other member of the City Council on any issue regarding City business.
(c) Exceptions for Emergencies. The limitation specified in subdivision (a), above, shall not apply to the receipt of telephone calls or text messages from family members in the event of an urgent family matter.
Councilmembers wishing to respond to such a message during the meeting shal l do so in a manner that does not disrupt the meeting.
Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer.
(d) Recording or Live Streaming. Councilmembers shall not video record or live stream meetings while sitting at or standing behind the dais in such a manner that obstructs the view or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Councilmember wishes to record or live stream a meeting while sitting at or standing behind the dais, such Councilmember shall further ensure that he/she is not recording in a manner that intrudes into the personal space of other Councilmembers or City staff (within twenty - four inches of t he person); in a manner that records notes made by Councilmembers during meetings (which necessarily invades the Mental Processes and/or Legislative Privileges protecting legislators’ uncommunicated motivations for making a policy or decision); or in a manner that displays the protected work product of the City Attorney.
(e) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
(f) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item.
2. City Staff Members. City staff members and employees shall observe the same rules order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.
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3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the City government. Each person who addresses the Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, personal or a busive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting hall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
4. Members of the Audience. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during the meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner:
1. Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meeting. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meetings as sergeant -at-arms of the Council to remove that person from the Council chambers.
2. Removal. Any law enforcement officer who is serving as sergeant -at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presid ing Officer, it shall be the duty of the Sergeant-at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.
3. Motion to Enforce. If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member Redlands Regular Meeting of 09-19-2023
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of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.
4. Adjournment of Recess. If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration or order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.
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CHAPTER 6 – ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT
General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed.
Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority.
Councilmembers shall not make demands of the City Manager, City Attorney, or City employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes.
II. MAIL, DELIVERIES, AND E-MAIL
A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e -mail.
Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code Section 6250 et seq.) or another applicable law.
1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings.
(a) Members of the City Council receive mail and other materials from the public and staff. Ther City Clerk maintains a mailbox for each member into which written correspondence shall be placed. Councilmembers should check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.
2. Councilmember Responsibilities. If correspondence is received directly by a Councilmember without the City Clerk having opened and examine same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, a s set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.
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B. City-Issued E-mail Address. Each Councilmember will be issued a City email address (i.e. @citybigbearlake.com), and this email shall be used for all City Council related email correspondence. The City email account will include an official email signature that identifies City Councilmembers in their official designations (i.e. Mayor, Councilmember) and includes an importance public disclaimer informing all recipients that their email correspondence with the elected official may be subject to a Public Records Act request.
1. Status as Public Record. Pursuant to the Public Records Act, any e -mail sent or received by Councilmembers using the City -issued domain email address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.
2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e-mail correspondence received by them at their City of Big Bear Lake domain e-mail address.
C. Communications Using Non -City Accounts/Devices. Messages or communications received by Councilmembers on their personal electronic devices or personal e -mail accounts concerning City business may also be subject to disclosure under the Public Records Act. Additional rules are set forth in Section III, below.
D. Other Rules Relating to Correspondence. Any w ritten correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connect ion with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a members of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk.
In addition, Councilmembers need to be aware that their email correspondence is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, public or staff, great care should be taken to avoid the use of email to contact a majority of the Council which may unintentionally result in conducting a serial meeting.
III. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES
FOR CITY BUSINESS
A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act. In complying with any Public Records Act request, a Councilmember shall be required to sign a statement that he/she is providing all communications from personal accounts or personal electronic devices, in the following form:
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“I hereby declare or affirm under penalty of perjury that I am providing all requested communications from personal accounts or personal electronic devices.”
B. Limitations and Rules on Use. To the extent feasible, City -issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible, but discouraged. The following rules must be observed:
1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Big Bear Lake domain e-mail address or other official City electronic messaging account provided to the Councilmember.
2. When Communications Received on Personal Accounts/Devices. If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either:
(a) Copy (“cc”) any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or
(b) Forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication
C. Use of Social Media. Although social media has become an effective communication tool used by local government to provide direct communications with the community, elected officials need to be mindful to not use social media in a manner that could harm the City’s interest. In addition, Councilmembers should be cautious with their social media postings in an effort to avoid inadvertently conducting serial meetings that would violate the notice and public meeting requirements. When Councilmembers are making decisions about how to engage on social media, they should take a number of legal considerations into account such as; the Brown Act, the Public Records Act, due process, and First Amendment considerations. If a City Councilmember is unsure about how their particular uses of social media may or may not conflict with the current governmental regulations, it is advisable that they consult with the City Attorney.
D. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City -wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
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CHAPTER 7 – RELATIONSHIP AND CONDUCT
I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Council-Manager Form of Government. The Caity has adopted a Council-Manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organ ization. The City Council must work through the City Manager in making any requests requiring City staff’s involvement (with the exclusion of the City Attorney and City Clerk).
B. The City Council and City Manager Work as a Team. The City Council establishe s policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council. The City Manager is expected to adhere to the International City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments.
C. Productive Relationship Requirements. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the Chief Executive Officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:
1. Neither the City Council nor any memb er shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately.
2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.
3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.
4. Avoid involvement in personnel issues related to City-Council-appointed staff, i.e., the City Manager, City Attorney and City Clerk, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.
5. Discuss directly with the City Manager any displeasure with a department or staff member.
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6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints.
7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., an emergency situation, significant road closure, an area cordoned off by police of fire, a significant event, etc.
8. Avoid communicating with persons or parties in litigation with the City (or any entities for which the City Council sits ex -officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity's position in such litigation.
9. Include the City Manager in follow -up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City.
II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, and department directors. The general legal responsibilities of the City Attorney are to provide legal assistance necessa ry for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, administrative hearings, negotiations, and similar proceeding to prepare and/or review and appro ve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.
B. Does Not Represent Individual Councilmembers or Staff. It is of the upmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole.
III. RELATIONSHIP AND CONDUCT WITH CITY CLERK
A. The City Clerk performs statutorily mandates duties and such tasks as may be assigned by the City Council and/or the City Manager. The general responsibilities of the City Clerk are:
1. to serve as the Elections Official of the City;
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2. to protect and preserve the legislative record of the City Council and other various records;
3. to facilitate delivery of records consistent with the provisions of the Public Records Act;
4. to receive filings on behalf of the City;
5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials;
6. to advise City departments about best practices for records management.
IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General Considerations. Governance of City relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council's policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole.
Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure that the concern is resolved.
B. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.
1. If a councilm ember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.
2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.
3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.
V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Individual Councilmembers shall not direct staff to initiate any action or prepare any report, project or study. All such requests shall be made to the City Manager and/or the City Council. Councilmembers may ask the City Manager directly for information requiring limited resources and information, without first Redlands Regular Meeting of 09-19-2023
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seeking concurrence from the majority of City Council. This information will be distributed to all City Councilmembers.
B. Responses to Requests. Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfill ing his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of magnitude, either in terms of workload or policy, that would require more than twenty (20) minutes of time in which to respond or is of such a nature that is would be more approp riately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Man ager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.
C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager.
Councilmembers may also contact the City Attorney or City Clerk.
D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.
E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through email to ensure proper responsiveness.
F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRS) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council.
G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.
H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City.
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Whether or not such information is allowed to be disclosed, no Councilmember may use or permit the use o f any such confidential information to advance the financial or personal interest of himself/herself or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not sub ject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney - client privileged communication, attorney-client work product, personnel, medical, or similar information – the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code Section 6250 et seq.)
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CHAPTER 8 – COMMUNICATION AND REPRESENTATION
I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION
A. Dual Roles of Councilmembers. A person elected to the City Council plays two roles:
a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a me mber of the City Council, as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.
B. General Policy Considerations. An important role of a Councilmember is communication-communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various pol icy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members ex press personal views and not those of the Council, the public must be so advised.
II. CORRESPONDENCE FOM COUNCILMEMBERS/USE OF CITY FACILITIES
A. Stationary Use and Related Guidelines
1. Use of City Letterhead. Individual City Councilmembers will be provid ed with official City stationary. City letterhead shall be used by the Mayor, Mayor Pro Team, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or another Councilmember. Use of City letterhead and/or title on personal matters (those not related to official City business) is not permitted.
The City will also maintain official City stationary that will include all five current Council members’ names within the letterhead. Staff will use this stationary when preparing official City Council correspondence that will be signed by the Mayor in his/her official capacity as the Council representative.
2. Personal Stationary. Personal stationary without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positi ons that may be in opposition to established City Council positions or decisions. Personal stationary shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
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3. Correspondence Public Record. All Councilmember correspondence created using City resources, including, but not limited to, City letterhead are public records and shall be copied to the full Council, the City Manager, the City Attorney, a nd the City Clerk. The City Clerk’s Office shall retain this correspondence in accordance with applicable records retention regulations.
4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to Official City business.
B. Regulations Related to Use of Public Resources for Official City Business/Personal or/Campaign Purposes
1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s official seal and logo shall be subject to the provisions of Chapter 1.06.040 of the Big Bear Lake Municipal Code and applicable State laws. The use of City seal, logo, or other insignia on personal matters and correspondence is not permitted.
2. Council Chambers and Staff Photos. The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Practices Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited.
3. Use of Titling, Labeling or Branding of Individual Councilmember Events.
When an individual Councilmember is hosting a special meeting or event that is widely advertised and open to the general public, they are required to include a standard disclaimer message on all promotional materials associated with the event to ensure the participants are aware it is not an official City of Big Bear Lake meeting or event. In addition, all Councilmembers will be required to follow the City’s Ordinance related to the use of the official City seal and logo.
4. Use of City Office & Conference Rooms. The City Council will be provided with the use of one office to be shared by all five members of the Council. This office will be equipped with a shared computer and each individual Councilmember will be provided with their own secure login. In addition, all Councilmembers can use any available conference rooms located at City Hall.
To ensure availability of the Council’s shared office and/or meeting rooms, please contact the City Clerk Department’s staff to schedule the use of these City facilities during normal City Hall business hours. Then the City’s staff will ensure these rooms are unlocked and set up appropriately per the requested Redlands Regular Meeting of 09-19-2023
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needs (i.e. the heater is turned on, ensure the presentation computer is logged into, set up the appropriate number of tables and chairs, etc.) of the meeting.
5. Use of City Facilities by Individual Councilmembers. Individual Councilmembers are permitted to utilize available offices, conference rooms, and/or meeting spaces at City Hall and other City facilities as necessary or desired to meet with small groups of constituents and/or other parties for the purpose of conducting individual Councilmember business, and should reserve appropriate meeting space with City staff. Individual Councilmembers hosting a special meeting or event that is widely advertised and open to the general public, with the exception of campaign or election/re -election events which shall not be allowed, may host such events, at City facilities, so long any required permits are first obtained and all of the applicable fees are paid by the City Councilmember, as would be required of any other member of the community of organization.
III. SPEAKING FOR “THE CITY”
A. Issue Position Statements. When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X’, the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.
B. Communication of Council Policy. The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such polic y or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject.
C. Supporting State or Federal Legislation. The City Council and/or City staff may receive requests to adopt supporting resolutions and/or to provide letters of support relating to issues that have a potential to impact our community. Many of these requests are of an urgent nature and require a prompt response. When a request isn’t time sensitive, the City Manager will include these items on the next City Council meeting agenda to seek approval from the entire City Council. When time is of the essence, the City Council provides authority to the Mayor and/or City Manager to use their judgment to determine if the City should offer their formal support to the requestor.
D. Representation at Ceremonial Functions.
1. City Sponsored Events. The Mayor, or Maor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor Redlands Regular Meeting of 09-19-2023
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or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or event in any program or agenda in such a function.
2. Non-City Sponsored Events. As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non- City sponsored event, he/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.
E. Appearances before Agencies and Organizations. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.
F. Participation in Community Acti vities. From time to time, Councilmembers may choose to participate in community activities, committees, events and tasks forc es.
When a Councilmember participates in these types of activities, the Councilmember is acting as an interesting party rather tha n acting on behalf of the City Council. Acting or participating on behalf Of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.
G. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12-month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions.
Councilmembers are prohibited from using any other form of non -approved business cards that contain the City logo or the City seal.
H. City Council Mileage Reimbursement. Councilmembers are not provided access to operate a City owned vehicle. Instead, the City provides each Councilmember with a monthly “Vehicle Allowance” per an adopted resolution. The current resolution (Resolution No. 88 -09), provides a $50 monthly stipend be paid to each Councilmember and a $100 monthly stipend be paid to the Mayor. This resolution indicates the monthly stipend is intended to reimburse a Councilmember for their personal vehicle expense s incurred while engaging in official City business. In addition, the City will reimburse Councilmembers for their personal travel expenses (including mileage) incurred while attending City related conferenced and training Redlands Regular Meeting of 09-19-2023
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events. The Elected and Appointed Officials Expense Reimbursement Policy (Resolution No. 2006 -10) should be reference to determine all allowable travel reimbursements.
In the event a Councilmember is using their personal vehicle to attend various meetings/trainings related to their indi vidual Agency/Board/Committee (i.e.
BBARWA, SCAG, MARTA) assignments, they should seek mileage/travel reimbursement from those organizations.
IV. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS
A. The City Council has a practice of recognizing people, organizations, events and dignitaries that are related to our local community. The City Council will issue proclamations and other recognition items to honor an individual, an organization, recognize a special event or a special day, month or year. City Councilmembers, citizens, or bonafide organizations may request a proclamation and other recognition item. All recognition requests relevant to the City of Big Bear Lake will be considered except those related to political, religious, or lifestyle ideology. The City Manager shall determine if the recognition item will be issued by presentation during a City council meeting, at an event, or mailed to the requestor.
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CHAPTER 9 – COMMISSIONS, COMMITTEES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Establishment of Ad Hoc Committees. The City Council and/or the Mayor can establish an ad hoc committee. The Mayo shall be responsible for appointing all members of any City ad hoc committee.
B. Role of City Commissions, Committees, Subcommittees, and Boards. Most commissions, committees, subcommittees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, subcommittee, or board is to make recommendations to the City Council on matters affecting the City of Big Bear Lake. Except as otherwise provided in State law, the City Charter, or City ordinances, commissions, committees, subcommittees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.
C. Instruction and Training. The Council shall ensure that all members of City committees and commissions are properly instructed on their responsibilities, direction, and performance expectations.
D. Planning Commission. The membership, powers, and responsibilities of the Planning Commission are set forth in the Big Bear Lake Municipal Code and various provisions of State law. In accordance there with, the Planning Commission has adopted rules for transacting Planning Commission business.
E. Conflict of Interest. All members of commissi ons, committees, and boards shall abide by provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest.
II. CITY COUNCIL SUBCOMMITTEES
A. Purpose. The City Council from time to time forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendations to the full Council regarding specific topics may be designated as either Standing or Ad Hoc.
1. Standing Subcommittees. These subcommittees have a continuing subject matter jurisdiction or meeting scheduled that are fixed by the Council.
Regardless of the number of members, standing subcommittees are required to comply with the Brown Act.
2. Ad Hoc Subcommittees. These subcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting scheduled fixed by the Council. Ad Hoc Subcommittees composed solely of Redlands Regular Meeting of 09-19-2023
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less than a quorum of the City Council membership (2 members maximum) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.
B. Subcommittee Formation and Appointment.
1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council.
The Mayr has the discretion to make appointments to such Standing subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.
2. Ad Hoc Subcommittees. The Council or the Mayor may create Ad Hoc subcommittees. The Mayor has the discretion to make appointments to such Ad Hoc subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.
III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS, COMMITTEES,
AND SUBCOMMITTEES
A. Staff to Provide Support. City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissions, committees, and subcommittees, and boards do not have supervisory authority over City employees. While staff may work closely wit h these entities (particularly the Planning Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Big Bear Lake Municipal Code or other City Council directive) of their respective committees/commissions.
B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back -up materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.
C. Procedure for Recommendations to C ouncil. Advisory City commissions, committees, and subcommittees wishing to communicate progress, status and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would li ke City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.
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IV. BOARDS, COMMISISONS, AND COMMITTEES ON WHICH
COUNCILMEMBERS AS CITY REPRESENTATIVES
A. Outside Agencies . City Councilmembers are appointed to and serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the San Bernardino County Transportation Authority (“SBCTA”), Big Bear Are Regional Wastewater Authority (“BBARWA”), Mountain Transit, and others.
B. Mayor to Make Appointments. Annually, after the first meeting in December, the newly seated Mayor shall make, and publicly announce, the Councilmember appointments to regional Boards, Commissions, and Committees.
C. Absence. Whenever a member of the City Council is unable to attend a regional board or commission to which he or she is designated as the City’s representative, he or she shall notify his/her alternate.
D. Duties. Councilmembers serving as City representatives on such outside agencies shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.
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CHAPTER 10 – ENFORCEMENT
I. WARNING
Violation(s) of State, Federal, or local laws; or of City policy, including the provisions of this Manual, by an individual Councilmember may result in the issuance of a formal warning to the member. The purpose of the formal warning is to acknowledge the violation(s), educate the member, and promote the desired change in behavior or action in the future.
II. REPRIMAND
Multiple or repeated violations of State, Federal, or local laws; or of City policy, including the provisions of this Manual, may result in the issuance of a formal written reprima nd to an individual Councilmember. The purpose of the formal written reprimand is to convey heightened concern regarding the violation(s) , and further impress upon the member the need for a change in behavior or action in the future. The formal written reprimand shall be made in the form of a resolution approved by a majority of the City Council.
III. CENSURE
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “law”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense, or the conduct involves intentional and repeated violations of L aw or City policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the members as an elected official, but it nonetheless is a punitive action for wrongdoing.
IV. CENSURE PROCEDURE
A. Request for Censure Hearing. During the open portion of any regular or special meeting of City Council, any Councilmember may make a motion to calendar a censure hearing concerning the volatile conduct of on of its members.
1. Specific Allegations. The request must include specific allegations of the conduct that constitutes a violations of the Laws or City policy upon which the proposed censure is based.
2. Support; Hearing or Investigation. If a majority of Councilmembers support the request then a) a direction shall be given to the City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges.
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3. When No Investigation is Required. If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.
B. Investigation. If a majority of the Council determines that an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.
1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.
2. Process for Taking Statements. In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness’ testimony, consistent with its subpoena power granted under the Government Code.
3. Conclusion of Investigation. At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below.
4. Investigation Guidelines. The following guidelines apply to ad hoc committee investigations:
(a) The committee may be staffed by administrative and legal staff. (b) If authorized by City Council, the committee may subpoena witnesses and documents.
(c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred.
(d) The committee shall issue a fin al report and recommendations to the City Council. The final report shall be made available to the public.
C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal Redlands Regular Meeting of 09-19-2023
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adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.
D. Resolution of Censure. A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the aff irmative vote of at least three (3) Councilmembers. In accordance with Government Code Section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.
V. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.
1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said section provides:
The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting.
In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall addre ss disruptions in a consistent, transparent, and viewpoint-neutral manner.
VI. ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING OF MANUAL
Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy, Procedures, and Rules of Order Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she has received, read and understood the provisions set forth in this Manual and furthermore agrees to abide by them.
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CITY COUNCIL MEETINGS
MANUAL OF PROCEDURE
CITY OF COLTON
City Council Approved: 11/2/21
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TABLE OF CONTENTS
Page
A. OVERVIEW/PRINCIPLES/STANDARDS.......................................................................................... 1 A-1 CITY COUNCIL ACTS AS A BODY ........................................................................................ 1 A-2 POLICY ROLE OF CITY COUNCIL AND COUNCILMEMBERS ......................................... 1 B. MEETINGS ............................................................................................................................................. 1 B-1 REGULAR MEETINGS .............................................................................................................. 1 B-2 ADJOURNED MEETINGS ......................................................................................................... 2 B-3 SPECIAL MEETINGS ................................................................................................................ 2 B-4 EMERGENCY MEETINGS ........................................................................................................ 2 B-5 MEETINGS TO BE PUBLIC ...................................................................................................... 2 B-6 CLOSED SESSIONS ................................................................................................................... 2 B-7 ATTENDANCE ........................................................................................................................... 3 B-8 QUORUM .................................................................................................................................... 3 B-9 TIME LIMITS FOR CITY COUNCIL MEETINGS; MANDATORY TIME OF ADJOURNMENT ........................................................................................................................ 3 C. AGENDA .................................................................................................................................................. 4 C-1 AGENDA PREPARATION – AUTHORITY TO PLACE ITEMS ON AGENDA .................... 4 C-2 AGENDA PREPARATION – PROCESS AND DISTRIBUTION TO CITY COUNCIL ......... 4 C-3 AGENDAS FOR SPECIAL OR EMERGENCY MEETINGS ................................................... 5 C-4 AGENDA POSTING AND MAILING TO PUBLIC .................................................................. 5 C-5 AGENDA ITEMS AND ACTIONS ............................................................................................ 5 C-6 AGENDA CONTENTS ............................................................................................................... 6 C-7 PUBLIC COMMENT OPPORTUNITY ON AGENDA ............................................................. 7 C-8 ORDER OF BUSINESS .............................................................................................................. 7 C-9 REVIEW OF AGENDA MATERIALS ....................................................................................... 9 D. PRESIDING OFFICER .......................................................................................................................... 9 D-1 MAYOR TO PRESIDE ............................................................................................................... 9 D-2 POWERS & DUTIES OF PRESIDING OFFICER ..................................................................... 9 Redlands Regular Meeting of 09-19-2023
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TABLE OF CONTENTS
Page
E. ADDRESSING THE COUNCIL ......................................................................................................... 10 E-1 WRITTEN CORRESPONDENCE ............................................................................................... 10 E-2 RIGHT TO ADDRESS COUNCIL AT MEETING ..................................................................... 11 E-3 MANNER OF ADDRESSING COUNCIL .................................................................................. 11 E-4 TIME LIMITATION .................................................................................................................... 11 E-5 IMPROPER REMARKS .............................................................................................................. 12 E-6 Challenging unlawful actions; LITIGATION ............................................................................... 13 F. DEBATE AND DECORUM ................................................................................................................ 13 F-1 GETTING THE FLOOR .............................................................................................................. 13 F-2 QUESTIONS TO STAFF ............................................................................................................. 13 F-3 INTERRUPTIONS ....................................................................................................................... 13 F-4 POINTS OF ORDER .................................................................................................................... 13 F-5 POINT OF PERSONAL PRIVILEGE.......................................................................................... 14 F-6 REMARKS OF COUNCILMEMBERS AND SYNOPSIS OF DEBATE ................................... 14 F-7 DECORUM AND ORDER - COUNCIL AND CITY STAFF ..................................................... 14 F-8 DECORUM AND ORDER - MEMBERS OF THE PUBLIC ...................................................... 14 F-9 ENFORCEMENT OF DECORUM .............................................................................................. 15 F-10 FAILURE TO OBSERVE RULES OF ORDER .......................................................................... 15 G. MOTIONS ............................................................................................................................................. 16 G-1 PRESENTATION OF MOTIONS ................................................................................................ 16 G-2 PROCESSING OF MOTIONS ..................................................................................................... 16 G-3 PRECEDENCE OF MOTIONS .................................................................................................... 16 G-4 PARTICULAR MOTIONS, PURPOSE AND CRITERIA .......................................................... 17 H. VOTING ................................................................................................................................................ 19 H-1 VOTING PROCEDURE ............................................................................................................... 19 H-2 CHANGE OF VOTE ..................................................................................................................... 19 H-3 FAILURE TO VOTE .................................................................................................................... 19 H-4 CONFLICT OF INTEREST ......................................................................................................... 19 H-5 RECONSIDERATION AND RESCISSION OF PRIOR ACTION ............................................. 20 Redlands Regular Meeting of 09-19-2023
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TABLE OF CONTENTS
Page
I. MINUTES .............................................................................................................................................. 20 I-1 PREPARATION OF MINUTES ............................................................................................... 20 I-2 MINUTES OF HEARINGS....................................................................................................... 21 I-3 READING OF MINUTES ......................................................................................................... 21 J. ORDINANCES, RESOLUTIONS AND CONTRACTS...................................................................... 21 J-1 PREPARATION OF ORDINANCES, RESOLUTIONS AND CONTRACTS ........................ 21 J-2 PRIOR APPROVAL BY ADMINISTRATIVE STAFF ........................................................... 21 J-3 ENACTMENT OF ORDINANCES .......................................................................................... 22 J-4 ADOPTION OF RESOLUTIONS ............................................................................................. 22 K. HEARINGS ............................................................................................................................................. 23 K-1 APPLICATION AND DEFINITION ........................................................................................ 23 K-2 RIGHTS OF INTERESTED PERSONS ................................................................................... 23 K-3 PRESENTATION OF EVIDENCE ........................................................................................... 23 K-4 EVIDENCE OUTSIDE THE HEARING .................................................................................. 24 K-5 CONTINUANCES .................................................................................................................... 25 K-6 DECISION ................................................................................................................................. 25 K-7 RECORD OF HEARING .......................................................................................................... 25 L. GENERAL GUIDELINES ..................................................................................................................... 25 L-1 CITY COUNCIL OFFICE – ADMINISTRATIVE SUPPORT ................................................ 25 L-2 SERVICE REQUESTS .............................................................................................................. 26 L-3 REQUESTS FOR STAFF ASSISTANCE ................................................................................ 26 L-4 INFLUENCE ON STAFF .......................................................................................................... 26 L-5 IMPOSITION ON STAFF RESOURCES ................................................................................. 26 Redlands Regular Meeting of 09-19-2023
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A. OVERVIEW/PRINICIPLES/STANDARDS
A-1 CITY COUNCIL ACTS AS A BODY
One of the fundamental tenets of city governance is recognizing that the City Council acts as a body.
No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem ”) have additional ceremonial, parliamentary and administrative responsibilities, with respect to voting and the establishment of policy, all members are equal.
A-2 POLICY ROLE OF CITY COUNCIL & COUNCILMEMBERS
Councilmembers should respect and adhere to th e Council -Manager structure of the Colton City government. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards and commissions, and City staff.
Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.
B. M E E T I N G S
B-1 REGULAR MEETINGS
The City Council shall hold regular meetings on the first and third Tuesday of each month. The closed session portion of the meeting shall begin at five p.m. in the Council Chambers of City Hall (650 North La Cadena Drive, Colton) or at such other place within the City limits to which said meeting may be adjourned, and then recess to a secure location. The open session portion of the meeting shall begin at six p.m. in the Council Chambers or at such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood, or other emergency, it is unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place designated by the Mayor or, in the absence of the Mayor, by the Mayor Pro Tempore, or in the absence of the Mayor Pro Tempore, by a majority of the entire City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held, but a regular meeting shall be held at the same hour on the following business day.
B-2 ADJOURNED MEETINGS
Any meetings may be adjourned to a certain time, place and date in accordance with Section 54955 and any other applicable sections of the Ralph M. Brown Act (Government Code Section 54950 et seq.) ("Brown Act"), but not beyond the next regular meeting. On ce adjourned, the meeting may not be reconvened.
B-3 SPECIAL MEETINGS
Special meetings may be called at any time by the Mayor, or by a majority of the entire City Council, in accordance with Section 54956 and any other applicable sections of the Brown Act.
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B-4 EMERGENCY MEETINGS
Emergency meetings may be called only in those rare instances authorized in accordance with Section 54956.5 and any other applicable sections of the Brown Act.
B-5 MEETINGS TO BE PUBLIC
All regular, adjourned, special, emergency and any other meetings of the City Council shall be held in public, except as provided for in accordance with the Brown Act.
B-6 CLOSED SESSIONS
The City Council may hold closed sessions from which the public may be excluded for the consideration of certain subjects in accordance with any applicable sections of the Brown Act and any other applicable state or federal laws, rules or regulations. For instance, see Sections 54956.7, 54956.8, 54956.9, 54956.95, 54957, 54957.6, 54957.8, 54956.86, 54956.96 and 54956.75 of the Brown Act, as well as Government Code Sections 37606 and 37624.3 and Health and Safety Code Sections 1461, 32106 and 32155. The City Council and its legal counsel shall comply with all procedural requirements prior to holding any closed session, as prescribed in Sections 54954.5, 54957.7 and any other applicable sections of the Brown Act. The City Council shall comply with all requirements relating to the public report of any action taken in closed session, as provided in Section 54957.1 and any other applicable sections of the Brown Act. For applicable Closed Session agenda items, confidential staff reports will be made available electronically to Councilmembers for review prior to the meeting, and hard copies of such reports will be made available at the meeting. Hard copy staff reports, and any supporting material, will be collected at the conclusion of consideration of the applicable agenda item. Electronic versions of Closed Session staff reports should not be printed in hard copy by Councilmembers.
B-7 ATTENDANCE
Councilmembers are expected to attend all meetings of the City Council. In accordance with Government Code Section 36513, if a Councilmember is absent without notice from all regular City Council meetings for sixty (60) consecutive days from the last regular meeting they attend, their office becomes vacant and shall be filled as any other vacancy. Councilmembers shall notify the Mayor, City Manager and/or City Clerk if they are going to be absent from a regular meeting, and t he Presiding Officer shall note such excused absence for the record.
B -8 Q U O R U M
Four members of the Council shall constitute a quorum and shall be sufficient to transact regular business. If less than four Councilmembers appear at a meeting, the meeting shall be adjourned as provided in Section 54955 and any other applicable sections of the Brown Act. If all members are absent, the City Clerk may adjourn the meeting in such situation.
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B-9 TIME LIMITS FOR CITY COUNCIL MEETINGS; MANDATORY TIME OF ADJOURNM ENT No City Council meeting shall extend beyond 10:30 p.m. unless the City Council, by a two-thirds vote of all Councilmembers present, elects to extend the meeting to complete a matter under discussion at the mandatory time for adjournment. No new matter shall begin after 10:30 p.m. without the unanimous consent of the Councilmembers present. Any matter on the agenda not addressed prior to the mandatory time of adjournment shall be carried over to the next regular, adjourned or special meeting of the City Council. As discussed in Section B -3 below, the City Council may establish similar time limits for special and emergency meetings, even if they begin earlier in the day than regular meetings.
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C. A G E N D A
C-1 AGENDA PREPARATION – AUTHORITY TO PLACE ITEMS ON AGENDA An agenda shall be prepared for each regular meeting in accordance with Section 54954 and any other applicable sections of the Brown Act. The agenda shall contain the specific items of business to be transacted and the order thereof. Items of business to be heard in public may be placed on the agenda by any Councilmember, the City Manager, the City Attorney or the City Clerk. The City Clerk prefers that such requests be submitted on or before 4:00 p.m. on the Tuesday one week prior to the regular meeting. Items of business to be heard in closed session may be submitted by any two (2) Councilmembers, the City Manager or the City Clerk to the City Attorney or Risk Manager for review for compliance with the provisions of the Brown Act, and the City Attorney or Risk Manager shall place such items that comply with those provisions on the closed session agenda. Notwithstanding the foregoing, however, items of business relating to personnel matters involving performance review or discipline, dismissal or release of specific City employees shall only be placed on the closed session agenda at the direction of the City Manager or upon the request of three Councilmembers through the City Clerk.
C-2 AGENDA PREPARATION – PROCESS AND DISTRIBUTION TO CITY COUNCIL Agenda items shall be delivered to the City Clerk pursuant to Administrative Policy 1.01.010. The Clerk shall thereafter prepare the agenda under the direction of the City Manager. Each item of business to be transacted or discussed on the agenda shall be adequately described in accordance with the Brown Act, and shall contain the specific action requested to be taken by the Council. The agenda, together with all reports pertaining thereto, shall be delivered to the Councilmembers at 4:00 p.m., or soon thereafter, on the Thursday preceding the regular meeting. Each Councilmember may direct the method by which the agenda packet shall be delivered to them. The agenda shall be made available to the public as soon as practicable, but no later than the time provided for in Section 54954.2 and any other applicable sections of the Brown Act (currently, 72 hours before the regular meeting). No matters other than those listed on the posted agenda shall be acted upon by the Council, except as provided for in Section B-5 below and applicable sections of the Brown Act.
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C-3 AGENDAS FOR SPECIAL OR EMERGENCY MEETINGS
An agenda or notice shall be prepared for each special or emergency meeting in accordance with Sections 54956, 54956.5 and any other applicable sections of the Brown Act. Each agenda shall contain a discussion item allowing the City Council to establish a time after which time limits similar to those provided for in Section A-9 above shall apply.
C-4 AGENDA POSTING AND MAILING TO PUBLIC
Meeting agendas and/or notices shall be posted in the glass enclosed Bulletin Board at City Hall, 650 North La Cadena Drive, Colton, as well as any other location designated by the City Council, City Manager or City Clerk. The City Clerk, or his/her designee, shall accomplish the City Council agenda posting requirements. The City Clerk shall maintain a file of certificates certifying to the agenda posting. Upon payment of the applicable fee, any person may make a written request for and receive a copy of the agenda or a copy of the agenda packet by mail in accordance with Section 54954.1 and any other applicable sections of the Brown Act.
C-5 AGENDA ITEMS AND ACTIONS
(A) CALL TO ORDER; ROLL; ORDER OF ACTION. At the time set for each regular meeting, the Council, City Clerk, City Manager, City Attorney and such department heads as have been requested by the City Manager to be present, shall take their regular places in the meeting room.
The Presiding Officer s hall call the meeting to order, note for the City Clerk those Councilmembers who are present and absent, and the business of the Council shall be taken up for consideration and disposition in the order set forth in Section B-8. However, items may be taken out of order with the consent of the majority of the Council. (B) ITEMS ON AGENDA. No matters other than those listed on the posted agenda shall be discussed or acted upon by the Council, except as provided for in Sections 54954.2, 54956.5 and any other applicable sections of the Brown Act.
(C) CERTAIN BRIEF COMMENTS & DIRECTIONS ALLOWED. Councilmembers and/or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Sections 54954.2, 54954.3 and other applicable sections of the Brown Act. In addition, on their own initiative, or in response to questions posed by members of the public, Councilmembers and/or staff may ask a question for clarification, provide a reference to Staff or other resources for factual information, or request Staff to report back to the Council at a subsequent meeting concerning any matter, in accordance with Sections 54954.2, 54954.3 and other applicable sections of the Brown Act. Furthermore, a Councilmember, or the entire Council, may take action to direct staff to place a matter of business on a future agenda.
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C-6 AGENDA CONTENTS
(A) BRIEF GENERAL DESCRIPTIONS. The agenda must contain a brief general description of business to be transacted or discussed at the meeting, as well as the time and location of the meeting, in accordance with Section 54954.2 and any other applicable sections of the Brown Act.
(B) CLOSED SE SSION DESCRIPTIONS. Closed Session Agenda Items must be described in accordance with Section 54954.5 and any other applicable sections of the Brown Act. (C) AVAILABILITY OF STAFF REPORTS. The agenda shall contain a statement that copies of staff reports or other written documents relating to each item referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection (including via the City's website).
(D) QUESTIONS FOR CITY CLERK. The agenda shall also contain a notation that any person having questions concerning any item on the agenda may call the City Clerk to inquire about the nature of the items described on the agenda. The City Clerk shall direc t inquiries to the appropriate office.
C-7 PUBLIC COMMENT OPPORTUNITY ON AGENDA
Every agenda for regular meetings must provide an opportunity for members of the public to directly address the Council on any item of interest to the public, before or during the time the Council takes up the item for consideration (if it is on the agenda), as provided for in Section 54954.3 and any other applicable section of the Brown Act. For items on closed session, members of the public must be present to address the Council before the Council recesses into closed session. (See also Section D (Addressing the Council) below.)
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C-8 ORDER OF BUSINESS
The Agenda shall be conducted in the order and manner set forth below:
(A) CLOSED SESSION. If needed, the Council will discuss items in closed session as provided for in the Brown Act.
(B) INVOCATION AND FLAG SALUTE. The Presiding Officer shall provide for an invocation whenever practicable. Following the invocation, if any, the Presiding Officer shall also provide someone to lead the group in the Pledge of Allegiance.
(C) ROLL CALL. The city clerk shall call the roll of the councilmembers or note those who are present, and the names of those present shall be entered in the minutes. (D) CEREMONIAL MATTERS. Presentations, Awards and Proclamations, which cannot be given as part of the Consent Calendar, are given under this item. No more than three (3) such items shall be included on an agenda, and all items shall be submitted to the City Clerk’s Office not less than two (2) weeks prior to the meeting date. Exceptions must be approved by three (3) Council Members. Business recognition, to be presented by a Council Member, shall occur not more than once per month. All Ceremonial Matters shall be limited to five ( 5) minutes in duration. All presentations which require audio/visual equipment should be submitted to the City Manager’s Office at least 24 hours prior to the meeting. (E) MAYOR AND CITY COUNCIL ITEMS. The Council shall consider all items of individual Councilmembers regarding any proper matter of municipal business appearing on the posted Agenda, including, but not limited to: gift disclosures pursuant to CMC Section 2.04.030, oral reports required by AB 1234 (GC Section 53232.3) and appointments to City, regional or other boards, committees and commissions. Any such actions shall be subject to the provisions of Sections B-1 through B-3 above.
(F) CITY TREASURER’S REPORTS. The City Treasurer shall present any reports he may have, which shall be considered for recei pt and filing by the City Council. At the discretion of the City Council and/or City Treasurer, this report may be included as part of the Consent Calendar.
(G) PUBLIC HEARINGS . The Council shall conduct all public hearings in accordance with Section K below.
(H) BUSINESS ITEMS. The Council shall consider business items or items continued from prior meetings which are not subject to a public hearing.
(I) PUBLIC COMMENT. The Presiding Officer shall announce commencement of the Public Comment period. Public Comment shall be subject to Sections E-1 through E-5.
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(J) CONSENT CALENDAR. All matters listed under the Consent Calendar are considered by the Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the Council votes on the motion, unless councilmembers, staff or the public request specific items be discussed and/or removed for separate discussions or action. Approval of Minutes and Warrants will routinely appear on the Consent Calendar.
(K) MAYOR AN D COUNCIL ORAL REPORTS AND COMMENTS . A time of three (3) minutes for each Councilmember to give brief oral reports on items of interest to him or her, including events he or she attended or items he or she wishes to have addressed in the future.
No discussion or action shall be taken on any such item, unless they are specifically listed for such purpose.
(L) ADJOURNMENT. The meeting shall be adjourned after a motion to adjourn has been made and carried.
C-9 REVIEW OF AGENDA MATERIALS
(A) REVIEW PRIOR TO MEETING S. City Councilmembers shall read and/or otherwise familiarize themselves with each agenda and supporting documentation prior to the meeting. (B) PRIOR CLARIFICATION OF AGENDA MATERIALS . City Councilmembers should request answers to questions on agenda items f rom the City Manager, City Attorney, City Clerk, or Department Directors prior to the meeting at which they are to be discussed. This allows the presiding officer to move the agenda forward in a timely and efficient manner. (C) AVOID UNFAIR SURPRISE. City Councilmembers should advise the City Manager prior to the meeting of issues or questions that they intend to bring up during the meeting. This refers to issues or questions that City staff would not normally anticipate or have researched prior to the meeting.
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D. PRESIDING OFFICER
D-1 MAYOR TO PRESIDE
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro -Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.
D-2 POWERS & DUTIES OF PRESIDING OFFICER
(A) PARTICIPATION. The Presiding Officer may move, second, debate, and vote. The Presiding Officer shall not be deprived of any of the rights and privileges of a Council member by reason of acting as Presiding Officer.
(B) RESTATING OF THE QUESTION. The Presiding Officer, or such member of the City Staff as he or she may designate, may verbally restate each motion immediately prior to calling for the vote. Following the vote, the City Clerk shall announce whether the question carried or was defeated. The Presiding Officer, in his or her discretion, may publicly explain the effect of a vote for the audience, or may direct a member of the City staff to do so, before proceeding to the next item of business.
(C) MAINTAINING ORDER AND DECORUM . The Presiding Officer shall be responsible for maintaining order and decorum at all meetings. The Presiding Officer shall also decide all questions of order subject, however, to an appeal to the Council. (D) SIGNING OF DOCUMENTS. The Presiding Officer shall sign all ordinances, resolutions, and other documents requiring the Presiding Officer’s signature adopted in his or her presence, unless he or she is unavailable. If the Presiding Officer is unavailable, the alternate Presiding Officer may sign such documents.
(E) APPOINTMENTS OF CO MMITTEES. The City Council may appoint such ad -hoc committees of Councilmembers, City staff and private citizens, or a combination thereof, as the City Council deems necessary and expedient to assist and advise the Council in its work.
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E. ADDRESSING THE COUNCIL
E-1 WRITTEN CORRESPONDENCE
(A) CITY MANAGER ATTENTION. The City Manager is authorized to receive and open all mail addressed to the City Council, and he shall give it immediate attention in order that all administrative business not necessarily requiring Council action may be addressed between Council meetings. All communications and any action taken pursuant thereto shall be reported to the City Council.
(B) REQUIRED COUNCIL ACTION . Any communications requiring Council action shall be placed upon the agenda for the next regular meeting, together with a report and recommendation by the City Staff. All correspondence shall be answered or acknowledged as soon as possible.
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E-2 RIGHT TO ADDRESS COUNCIL AT MEETING
(A) AGENDA & NON-AGENDA ITEMS. Subject to the provisions of Sections D-3, D-4 and D- 5, any interested member of the public shall have the right to address the Council on items within the subject matter jurisdiction of the Council, in accordance with Section 54954.3 and any other applicable sections of the Brown Act. If an item is on the agenda, the person shall have the right to address the Council before the Council's consideration of that item. For items on closed session, members of the public must be present to address the Council before the Council recesses into closed session. For items not on the agenda, the person shall have the right to address the Council only during the "Public Comment" portion of the agenda. (B) SPEAKER CARDS. Persons wishing to address the Council are requested to fill out a speaker card and submit it to the City Clerk. The City Clerk shall make speaker cards available to the public in the meeting room. For agenda items, the speaker cards may include a request to indicate whether the speaker is in favor, opposition or neither. The City Clerk shall assure that there is a sufficient amount of speaker cards available in the Council Chambers and that all of them are the same color for uniformity.
E-3 MANNER OF ADDRESSING COUNCIL,
Any person desiring to addres s the Council shall stand and wait to be recognized by the Presiding Officer. The Presiding Officer may determine any fair and reasonable manner in which to recognize speakers. After being recognized by the Presiding Officer, the person should state his or her name and address for the record, and proceed to address the Council. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer.
E-4 TIME LIMITATION
(A) PUBLIC COMMENT PERIOD. Every person addressing the Council on an item not on the agenda ("Public Comment" period) shall limit his or her address to three (3) minutes, unless further time is granted by the Presiding Officer. If the Presiding Officer determines it to be necessary in the interests of time and the ability of the Council to consider all items on its agenda, the Presiding Officer may do any one or more of the following: (1) require that one or more – in the discretion of the Presiding Officer - spokespersons be chosen to represent the group so as to avoid repetitive comments; (2) choose to limit the overall time for the "Public Comment" period; or (3) reduce the five (5) minutes given to each individual. Speakers shall not be allowed to yield or give their allotted time to other speakers.
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(B) AGENDA ITEMS (INCLUDING PUBLIC HEARINGS) . Every person addressing the Council on an item on the agenda shall limit his or her address to three (3) minutes, unless further time is granted by the Presiding Officer; provided, however, that for public hearing agenda items, the applicant shall be provided with at least five (5) minutes and may, in the determination of the Presiding Officer, be asked to respond to or address comments made by members of the public. If the Presiding Officer determines it to be necessary in the interests of time and the ability of the Council to consider all items on its agenda, the Presiding Office r may do any one or more of the following: (1) require that one or more – in the discretion of the Presiding Officer - spokespersons be chosen to represent the group so as to avoid repetitive comments; (2) choose to limit the overall time for public commen ts or the overall time given to those persons speaking in support and in opposition to the item,; or (3) reduce the three (3) minutes given to each individual. Speakers shall not be allowed to yield or give their allotted time to other speakers.
E-5 IMPROPER REMARKS
Any person making impertinent, slanderous, or profane remarks, or who becomes unruly while addressing the Council, shall be called to order by the Presiding Officer. If such conduct continues and willfully disrupts the meeting, the Presiding Officer may, in accordance with Section 54957.9 and any other applicable sections of the Brown Act or other federal or state laws, rules or regulations, order him or her removed from the meeting room or order the room cleared. Public criticism of City policie s, procedures, programs or services or acts or omission of the Council shall not be deemed improper.
E-6 CHALLENGING UNLAWFUL ACTIONS; LITIGATION
Pursuant to Sections 54960 and 54960.1 of the Brown Act and any other applicable law, any interested person may file litigation to obtain a determination as to whether an action taken by the City Council is null and void as having been taken in violation of the Brown Act.
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F. DEBATE AND DECORUM
Roberts Rules of Order is used by the City Council for guidance only, and shall not be strictly applied.
F-1 GETTING THE FLOOR
Councilmembers wishing to speak shall first address the Presiding Officer and gain recognition by him or her before getting the floor. Councilmembers shall confine themselves to the question under debate.
F-2 QUESTIONS TO STAFF
Councilmembers wishing to question the City Staff may, after recognition by the Presiding Officer, address questions to the City Manager, the City Clerk, or the City Attorney. The City Manager is entitled either to answer the inquiry or direct the question to the appropriate staff member for an answer.
F-3 INTERRUPTIONS
A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, a point of order or personal privilege is raised by another Councilmember, or the speaker chooses to yield to a question by another Councilmember. If a Councilmember, while speaking, is called to order, the member shall cease speaking until the question of order is determined.
If the question is determined to be in order, the Councilmember may continue speaking on the question.
After recognition by the Presiding Officer, City Staff shall hold the floor until completion of their remarks, unless recognition is withdrawn by the Presiding Officer.
F-4 POINTS OF ORDER
The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal such determination to the Council. The Presiding Officer may request the opinion of the City Attorney in making such determination. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be sustained?'” The Council’s decision on this matter shall conclusively determine such question of order.
F-5 POINT 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 their integrity, character or motives are questioned or where the welfare of the Council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor. The Presiding Officer has the power to call the Council-member out of order.
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F-6 REMARKS OF COUNCILMEMBERS AND SYNOPSIS OF DEBATE
Any Councilmember shall have the right of having an abstract of their statement and/or synopsis of the debate on any subject under consideration by the Council entered in the minutes. Such right shall be exercised by specific direction to the City Clerk at the Council meeting.
F-7 DECORUM AND ORDER - COUNCIL AND CITY STAFF
(A) GENERAL RULES OF DECORUM . While the Council is in session, the Councilmembers and City Staff shall preserve order and decorum. A Councilmember or Staff shall not interrupt, otherwise delay the proceedings or the peace of the Council, or disturb any member while speaking. A Councilmember or City Staff shall not refuse to obey the directives of the Presiding Officer. If any Councilmember or City Staff violate these rules of decorum in a manner which willfully disrupts the meetin g, the Presiding Officer may, in accordance with Section 54957.9 and any other applicable sections of the Brown Act or other federal or state laws, rules or regulations, direct the Sergeant -at-Arms to clear the room or remove such offenders from the room.
F-8 DECORUM AND ORDER - MEMBERS OF THE PUBLIC
(A) GENERAL RULES OF DECORUM . Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council and Staff. The Presiding Officer may, in accordance with Secti on 54957.9 and any other applicable sections of the Brown Act or other federal or state laws, rules or regulations, direct the Sergeant -at-Arms to clear the room or remove any person making impertinent and slanderous remarks that willfully disrupt the meeting or any person who becomes unruly while addressing the Council in such a manner that willfully disrupts the meeting. Such person may be barred from the remainder of the Council meeting.
(B) EXAMPLES OF POTENTIALLY DISRUPTIVE ACTIONS. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations that willfully disrupt the meeting shall not be permitted. The Presiding Officer may, in accordance with Section 54957.9 and any other applicable sections of the Brown Act o r other federal or state laws, rules or regulations, direct the Sergeant-at-Arms to clear the room or remove such offenders from the room. Aggravated cases may be prosecuted by appropriate complaint signed by the Presiding Officer or a Councilmember.
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F-9 ENFORCEMENT OF DECORUM
The Chief of Police, or such member of the Police Department as he may designate, shall be the Sergeant-at-Arms of the City Council and shall attend meetings at the request of the Presiding Officer, City Manager or City Council. He shall be available to attend all meetings immediately upon call. He shall carry out all orders given by the Presiding Officer or Council to maintain order and decorum at the Council meetings. Any Councilmember may move to require the Sergeant -at-Arms to enforce the rules and the affirmative vote of a majority of the Councilmembers present shall require him to do so.
F-10 FAILURE TO OBSERVE RULES OF ORDER
Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the authority of the Council or invalidate any action taken at a meeting that otherwise conforms with the law.
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G. M O T I O N S
G-1 PRESENTATION OF MOTIONS
(A) DEFINITION. A motion is the formal statement of a proposal or question to the Council for consideration and action.
(B) RIGHT TO MAKE A MOTION. Every Councilmember has the right to present a motion, provided they have first been formally recognized by the Presiding Officer.
G-2 PROCESSING OF MOTIONS
When a motion is made and seconded, it shall be restated by the Presiding Officer before debate. A motion may not be withdrawn by the mover without the consent of the member seconding it and the approval of the Council.
G-3 PRECEDENCE OF MOTIONS
(A) GENERAL ORDER OF PRIORITY. When a main motion is before the Council, no motion shall be entertained except the following, which shall have priority in the order listed below:
(1) Adjourn
(2) Recess
(3) Postpone temporarily or definitely (table)
(4) Previous question
(5) Limit or extend debate
(6) Refer to committee or staff
(7) Amend
(8) Postpone indefinitely
(B) RESTRICTIONS. The above order of priority is subject to the following restrictions:
(1) A motion shall not be repeated without intervening business or discussion. (2) A motion shall not be in order when the previous question has been ordered. (3) A motion shall not be in order while a vote is being taken. (4) The Presiding Officer may allow informal recognition of any Councilmember or staff at anytime, and such shall not be considered to be out-of-order.
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G-4 PARTICULAR MOTIONS, PURPOSE AND CRITERIA
The purpose and relevant criteria of the motions listed above are as follows:
(A) MOTION TO ADJOURN
(1) Purpose. To close a meeting.
(2) Debatable or Amendable. Generally, No. However, a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be adjourned.
(B) MOTION TO RECESS
(1) Purpose. To permit an interlude in the meeting and to set a definite time for continuing the meeting.
(2) Debatable or Amendable. Yes. However, duration of recess may be restricted. (C) MOTION TO POSTPONE TEMPORARILY
(1) Purpose. To temporarily set aside a pending main motion provided that it may be taken up again for consideration during the current meeting or at the next regular meeting. It is also referred to as a motion to lay on the table. (2) Debatable or Amendable. It is debatable, but not amendable. (D) MOTION FOR PREVIOUS QUESTION (“CALL FOR THE QUESTION”) (1) Purpose. To prevent or stop discussion on the pending question and to bring such question to vote immediately. The motion must be seconded and approved by a majority of the City Council present. If the motion fails, discussion shall continue.
If the motion passes, a vote shall be taken on the pending motion. (2) Procedure. The maker of the motion shall state “Motion to call for the previous question.” The presiding officer shall then immediately seek a second for the motion. If no second is obtained, discussion may continue. If a second is obtained, a vote is taken immediately.
(3) Debatable or Amendable. No.
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(E) MOTION TO LIMIT OR EXTEND DEBATE
(1) Purpose. To limit or determine the time that will be devoted to discussion of a pending motion or to extend or remove limitations already imposed on its discussion.
(2) Debatable or Amendable. This motion is not debatable. Amendments are restricted to period of time of the proposed limit or extension. (F) MOTION TO REFER TO COMMISSION OR STAFF
(1) Purpose. To refer the question before the Council to a commission or to the City Staff for the purpose of investigating or studying the proposal and to make a report back to the Council. If the motion fails, discussion or vote on the question resumes. (2) Debatable or Amendable. Yes.
( G ) AM E N D
(1) Purpose. To modify or change a motion that is being considered by the Council so that it will express more satisfactorily the will of the members. If the motion fails, discussion or vote on the main motion resumes. If the motion passes, then the main motion should be voted on as amended.
(2) Debatable or Amendable. It is debatable unless applied to a main motion that is not debatable. It is amendable.
(H) POSTPONE INDEFINITELY
(1) Purpose. To prevent further discussion and voting on the main motion. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of main motion resumes. If it passes, the subject of main motion shall not be brought up again for the remainder of the meeting or the next regular meeting. (2) Debatable or Amendable. It is debatable but not amendable. (I) MAIN MOTION
(1) Purpose. The primary proposal or question before the Council for discussion and decision.
(2) Debatable or Amendable. Yes.
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H. V O T I N G
H-1 VOTING PROCEDURE
(A) VOICE OR ROLL CALL VOTE. When any motion is in order for the question, a vote thereon shall be taken by electronic vote, voice or roll call and entered into the record. Motions may be passed by a simple majority of the members present at a properly called meeting (3 votes sufficient if only 4 members present), except those motions on actions required by law to be adopted by a higher number of Councilmembers.
(B) ROLL CALL VOTE. A roll call vote shall be used for the enactments listed above. All other motions shall not require a roll call vote unless demanded by a Councilmember. It shall not be in order for members to explain their vote during the roll call.
H-2 CHANGE OF VOTE
A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up.
H-3 FAILURE TO VOTE
Every member should vote unless disqualified for cause accepted either by vote of the Council or by opinion of the City Attorney. Self-disqualification, without approval, which results in a tie vote shall be viewed as thwarting Council action. However, no Councilmember shall be forced to vote. A Councilmember who abstains shall in effect consent that a majority of the quorum may ac t for him.
Tie votes shall be lost motions and matters may be reconsidered upon the making of a motion to reconsider.
H-4 CONFLICT OF INTEREST
Any Councilmember who has a financial interest which requires disqualification under applicable law, including Government Code Section 1090 et seq. or the Political Reform Act, shall disclose said interest and disqualify himself or herself in accordance with applicable law. Where it is not clear whether such interest is of a disqualifying nature, the Councilmember shall confer with the City Attorney in advance of the meeting. The Councilmember shall confer with the City Attorney in sufficient time to seek research and guidance from the City Attorney, Attorney General or Fair Political Practices Commission, as necessary under the law.
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H-5 RECONSIDERATION AND RESCISSION OF PRIOR ACTION
After motion and vote by the Council, such action may be reconsidered or rescinded in the following manners:
(A) RECONSIDERATION. A motion to set aside a vote or reconsider a main motion shall always be in order at the same meeting. The motion to reconsider is amendable and debatable. Such motion can be made by a Councilmember regardless of how he previously voted on the matter.
If the motion to reconsider passes, the prior action is overruled and canceled. (B) RESCISSION. A motion to rescind repeal, cancel, or nullify prior Council action on a main motion shall be in order at any meeting of the Council. The effect of rescinding prior Council action shall operate prospectively only and not retroactively to the date of the original action.
That is, it shall not operate to adversely affect intervening legal rights which create an estoppel situation.
(C) LOST MOTIONS. A lost motion is one that fails to receive the necessary number of votes to carry the motion. Tie votes result in a lost motion. Lost motions may be renewed at any subsequent Council meeting. To revive a lost motion at the same meeting, the proper action is a motion to reconsider, discussed above.
I. MINUTES
I-1 PREPARATION OF MINUTES
The minutes shall consist of a clear and concise statement of each and every Council action including the motions made and the vote thereon. Reasons for making a motion, or voting, Council debate and audience reaction are generally irrelevant for p urposes of the minutes. Such items may be included if considered to be particularly relevant or otherwise necessary by the City Clerk in the first instance and by the Council in the final instance. The City Clerk shall have exclusive responsibility for preparation of the minutes and any directions for changes in the minutes shall be made only by action of the City Council.
I-2 MINUTES OF HEARINGS
Whenever the Council acts in a quasi -judicial proceeding, such as hearings as defined in Section J -1, the minutes shall contain a synopsis of all evidence considered in the hearing, including statements of persons addressing the Council.
I-3 READING OF MINUTES
Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy.
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J. ORDINANCES, RESOLUTIONS AND CONTRACTS
J-1 PREPARATION OF ORDINANCES, RESOLUTIONS AND CONTRACTS (A) ORDINANCES. All ordinances shall be prepared by the City Attorney and shall be presented to the Council only when ordered by a majority of the Council, requested by the Mayor, City Manager or prepared by the City Attorney on his own initiative. (B) RESOLUTIONS. It shall be considered best practi ce to have all resolutions prepared or approved by the City Attorney. However, resolutions may be prepared for submission by an individual, group or organization. In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. Urgency resolutions shall be avoided except when absolutely necessary and shall be avoided entirely when such resolutions are not required by law.
(C) CONTRACTS. All contracts shall be prepared or approved by the City Attorney, and shall be presented to Council only when ordered by the Council, or submitted by the Mayor, City Manager or City Attorney.
J-2 PRIOR APPROVAL BY ADMINISTRATIVE STAFF
All ordinances, resolutions and contract documents shall be approved as to form and legality by the City Attorney before presentation to the Council. Where there are substantive administrative matters involved, the City Manager or his authorized representative shall also examine and approve such ordinances, resolutions or contracts.
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J-3 ENACTMENT OF ORDINANCES
(A) INTRODUCTION. Ordinances shall be introduced for first reading by motion. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or adjourned regular meeting held at least 5 days after alternation.
Corrections or typographical or clerical errors are not considered alterations. (B) ADOPTION. Ordinances shall be adopted by motion. Ordinances shall not be adopted within five (5) days of their introduction. Ordinances shall only be adopted at a regular or adjourned meeting.
(C) READING. All ordinances shall be read in full either at the time of introduction or passage.
However, further reading may be waived, after reading the title, by regular motion adopted by majority vote of the Councilmembers present.
(D) URGENCY ORDINANCE . An urgency ordinance is an ordinance for the immediate preservation of the public peace, health or safety of the city, as provided for in applicable law. It may be passed imm ediately upon introduction and either at a regular or special meeting. The urgency ordinance must declare the facts constituting the urgency and it shall be passed by the number of affirmative votes required by applicable law. (E) PUBLICATION. Within 15 days after its adoption, the City Clerk shall cause each ordinance or a summary thereof to be published as required by applicable law. (F) EFFECTIVE DATE. Most ordinances take effect 30 days after their final passage. However, certain ordinances shall take effect immediately, as allowed by applicable law.
J-4 ADOPTION OF RESOLUTIONS
Resolutions may be adopted by motion on the date they are first presented to the Council. It is not required that resolutions be read, either in full or by title only.
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K. H E A R I N G S
K-1 APPLICATION AND DEFINITION
The following procedural rules shall apply to all hearings before the City Council. As used here, the term "hearing" shall include all public hearings required by state law or city ordinance.
K-2 RIGHTS OF INTERESTED PERSONS
On the date and at the time and place designated in the notice, the Council shall afford any interested person and / or authorized representative, the opportunity to examine and cross examine witnesses, to present documentary evidence, to present statements, arguments, or contentions orally and/or in writing, subject to the rules on ADDRESSING THE COUNCIL, listed in Section D of this manual, and rules stated below.
K-3 PRESENTATION OF EVIDENCE
(A) ORAL EVIDENCE. All oral statements which are relevant to the subject matter of the hearing may be considered by the Council. Oral evidence may be taken, on oath or affirmation, at the request of any interested party or his authorized representative. (B) EXHIBITS AND DOCUMENTS . Exhibits and documents used by the Ci ty Staff and any persons participating in the hearing may be considered as evidence. (C) COMMUNICATIONS AND PETITIONS . All communications and petitions concerning the subject matter of the hearing shall be read aloud either in full or by synopsis thereof, providing that a reading in full shall be provided at the request of any Councilmember. All such communications and petitions may be considered as evidence by the Council. (D) STAFF REPORTS. Whenever practicable, a written staff report shall be prepared and read or summarized orally as part of the staff presentation. Said report shall be considered as evidence. (E) LARGE MAPS AND DISPLAYS. Large size maps and displays presented for use at the hearing shall, whenever practicable, be displayed in full view of the participants and the audience. Said maps or displays, or authentic reductions thereof, may be considered as evidence. (F) ADMISSIBLE EVIDENCE. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to reply in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidenc e in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in itself to support a decision, unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.
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K-4 EVIDENCE OUTSIDE THE HEARING
Any evidence taken outside the council chambers such as field trips, views of the premises and discussion with individuals, shall not be considered by the Council in reaching its decision except under either of the following circumstances:
(A) ADJOURNED MEETING. When, during the hearing, the meeting is adjourned to a date, place and time certain for the specific purpose of taking visual or demonstrative evidence such evidence may be considered; or
(B) COUNCILMEMBER OBSERVATIONS & REPORTS . With the consent, either oral or written, of all interested persons, or their authorized representatives, appearing at the hearing, individual members of the Council may take visual or demonstrative evidence outside the council chambers, provided, that the hearing shall be continued to a date and time certain and, upon reconvening in chambers, each Councilmember shall orally report his observations of such outside evidence taken and shall be subject to examination thereon by any interested person or authorized representative.
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K-5 CONTINUANCES
Any hearing being held, or noticed or ordered to be held by the Council may, by minute action, be continued to any subsequent regular or adjourned meeting of the Council, provided that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance shall be posted outside the council chambers immediately following the meeting at which the order of continuance was made
K-6 DECISION
The Council shall consider all evidenc e properly presented in accordance with the rules stated in this manual. Unless otherwise provided by law, the Council shall render a decision or determination on the matter within forty (40) days of the close of the hearing. Said decision or determination shall be by motion made and action taken thereon at a regular or adjourned meeting of the Council. Any Councilmember who was not present during the entire hearing or who, in the opinion of the City Attorney should not discuss or vote on the matter, shall disqualify himself from discussion or voting on said matter.
K-7 RECORD OF HEARING
A verbatim mechanical (DVD) recording shall be made of the oral evidence presented at the hearing.
Said recording, together with all documents, maps, exhibits and displays admitted into evidence, shall be retained by the City Clerk for a period of two (2) years from the date of the close of the hearing. In lieu of retaining said recording, the City Clerk may prepare a typewritten transcript thereof which shall also be retained for two (2) years. Said recording or transcript and evidentiary documents shall be made available for public inspection and use at reasonable times and under such reasonable conditions as may be prescribed by the City Clerk.
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L. GENERAL GUIDELINES
L-1 CITY COUNCIL OFFICE – ADMINISTRATIVE SUPPORT
Staffing of the City Council Office and administrative support to City Councilmembers is provided through the City Manager’s Office. Administrative services include scheduling of appointments, receipt of telephone messages, and word processing as needed. Sensitivity to the workload of support staff members is appreciated, and work is assigned based on priority.
L-2 SERVICE REQUESTS
Service requests should be submitted through administrative staff i n the City Council and/or City Manager’s Offices. These service requests include, but are not limited to requests dealing with graffiti abatement, potholes & other street issues, street lighting, parks issues, tree trimming, and code enforcement. Requests are handled in the order received, with the exception of those which are emergency in-nature, such as those which could jeopardize public safety.
L-3 REQUESTS FOR STAFF ASSISTANCE
City Councilmembers should direct all staff inquiries to the City Manager, o r Department Directors.
Councilmembers should refrain from initiating contact with staff members below the Department Director level. All City Councilmember emails to Department Directors should include the City Manager.
L-4 INFLUENCE ON STAFF
City Council members shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, or department priorities without the prior knowledge and approval of the City Council as a whole. Councilmembers should refrain from direct inv olvement in the day-to-day duties of staff members, and should refer all complaints to the City Manager’s Office for handling. City Councilmembers should not further involve themselves with complaints, unless all staff resources have been exhausted, including appeal to the Department Director and/or City Manager.
L-5 IMPOSITION ON STAFF RESOURCES
Requests for staff resources which require more than two (2) hours of staff time shall require approval by the City Manager. City Councilmembers should refrain from greater imposition on staff resources, pending approval by the entire City Council. This includes requests for unbudgeted special events, neighborhood meetings, individual Councilmember projects, etc.
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From: Lynette Arreola
To: Jennifer Macias
Subject: Re: Procedures for Elected Officials to Place Items on Future City Council Agendas Date: Tuesday, August 29, 2023 2:33:18 PM
[NOTICE: This message originated outside of City of Redlands -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello Jennifer,
Thank you for your email. In response to your question, the City does not have any formal written policies or procedures for elected officials to place items on the Agenda. Should a Council member have items they want to place on the agenda, they speak with our City Manager. The City Manager will authorize placing items on the agenda. Depending on the matter, there may be situations he will consult with our City Attorney for approval.
I hope I was able to answer your question.
Sincerley,
Lynette Arreola
City Clerk
City of Loma Linda
25541 Barton Road, Loma Linda, CA 92354
T: 909-799-2819 | F: 909-799-2891
[email protected] | www.lomalinda-ca.gov
From: Jennifer Macias <[email protected]>
Sent: Monday, August 28, 2023 2:53 PM
To: Lynette Arreola <[email protected]>
Subject: Procedures for Elected Officials to Place Items on Future City Council Agendas Hello,
Do you have a policy or section in your policy manual that speaks to the procedure for elected officials to place items on the City Council agenda?
Thank you,
Jennifer Macias
Management Analyst
City Manager’s Office
City of Redlands
300 East State Street Suite 690
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Redlands, CA 92373
(909) 798-7637 / Fax (909) 798-7503
[email protected]
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City of Yucaipa
CODE OF CONDUCT FOR
CITY COUNCIL
May 2019
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Table of Contents
Introduction 1
Overview of Roles and Responsibilities
Mayor 1
Mayor Pro Tem 2
All Council Members 2
Meeting Chair 3
Policies and Protocol Related to Conduct
Agenda Items 3
Ceremonial Events 3
Endorsement of Candidates 3
Legislative Process 3
Public Comment on Agenda and Non-Agenda Items 4
Public Inquiries 4
Public Hearing Meeting Protocol 4
Council Conduct with One Another
In Public Meetings 5
In Private Encounters 6
Council Conduct with City Staff 6
Council Conduct with the Public
In Public Meetings 9
In Unofficial Settings 10
Council Conduct with O ther Public Agencies 11
Council Conduct with Commissions, Committees and Boards 11 Council Conduct with the Media 12
Sanctions
Public Disruption 15
Inappropriate Staff Behavior 15
Council Members Behavior and Conduct 15
Principles of Proper Conduct
Proper Conduct IS 16
Proper Conduct is NOT 16
It All Comes Down to Respect 16
Checklist for Monitoring Conduct 18
Glossary of Terms 19
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1 CODE OF CONDUCT FOR CITY COUNCIL
"Always do right. This will gratify some people and astonish the rest. " -.Mark Twain
INTRODUCTION
This Code of Conduct is designed to describe the manner in whic h Council Members should treat one another. City staff, constituents, and others they come into co ntact with in representing the City of Yucaipa. As elected representatives of the citizens of the City of Yucaipa, it is essential that each Council Member's behavior be consistent with the level of responsibilit ies and duties of governance entrusted to them by the people of the City of Yucaipa.
The constant and consistent theme throughout of the Code of Con duct is "respect." Council Members experience tremendous stress in making decisions that could imp act thousands of lives. Despite these pressures, elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Council Members to do the right thing in even the most difficult situations. Such respect is the cornerstone of civility.
The overall principles and guidelines contained in this Code of Conduct also describe the manner in which the City Treasurer, City Clerk, Commissioners, Committee members and Boardmembers are expected to treat one another, City staff, and all others they come into co ntact with in representing the City of Yucaipa.
OVERVIEW OF ROLES AND RESPONSIBILITIES
MAYOR
• Serves at the pleasure of the City Council
• Acts as the official head of the City for all ceremonial purposes
• Chairs City Council meetings and as otherwise authorized by the Council
• Calls for special meetings
• Recognized as spokesperson for the City Council
• Selects substitute for City representation when Mayor cannot attend
• Makes Council Member assignments to Council subcommittees and regional boards and committees through consultation with other members
• Makes judgment calls on which proclamations to give
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2 • Leads the Council into an effective, cohesive working team
• Signs documents on behalf of the City of Yucaipa
• Serves as official delegate of the City to the Leagues of California Cities, National League of cities and other events and conferences
MAYOR PRO TEM
• Serves at the pleasure of the City Council
• Performs the duties of the Mayor if the Mayor IS absent or disabled
• Chairs City Council meetings in the absence of the Mayor
• Represents the City at ceremonial functions at the request of the Mayor
ALL COUNCIL MEMBERS
All members of the City Council, including those serving as Mayor and Mayor Pro Tern, have equal votes. No Council Member has more power than any other Council Member and all should be treated and treat each other with civility and respect.
All Council Members shall:
• Demonstrate honesty, integrity, and civility in every action and statement
• Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others
• Prepare in advance of Council meetings and be familiar with iss ues on the agenda. Make a reasonable effort to meet with staff before meetings to receive answers to questions regarding the agenda
• Represent the City at ceremonial functions at the request of the Mayor
• Place activities and events on the Council's weekly activities calendar that invite official participation of all Council Members
• Be respectful of other people's time. Stay focused and act efficiently during public meetings
• Serve as a model of leadership and civility to the community
• Inspire public confidence in Yucaipa City government
• Provide contact information to the City Manager’s Executive Assistant in case an emergency or urgent situation arises while the Council Member is out of town
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3 MEETING CHAIR
The Mayor will chair official meetings of the City Council, unless the Mayor Pro Tem or another Council Member is designated as Chair of a specific meeting. The Chair of meetings:
• Maintains order, decorum, and the fair and equitable treatment of all speakers
• Keeps discussion and questions focused on the specific agenda I tem under consideration
• Makes parliamentary rulings with advice, if requested, from the City Attorney who acts as an advisory parliamentarian. Chair rulings may be overturned if a Council Member makes a motion as an individual and the majority of Council votes to overrule the Chair.
POLICIES AND PROTOCOL RELATED TO CONDUCT
AGENDA ITEMS
The Mayor and Mayor Pro Tem, in consultation with the City Mana ger, shall determine agenda items for City Council Meetings. However, to ensure all Council Member views are represented, study session agendas contain a section titled “Council Member Reports/ Requests”. In addition to their reports, this portion of the meeting allows any Council Member to request an agenda item for a future meeting, and allows the City Council to have a short discussion on the request (but not on t he substance of the item). Any request must include an explanation of the issue and the goal of the propose d Council discussion. If at least one other Council Member indicates support for the request at that time, then the item shall be placed on a future agenda.
Upon support for the request, the Council will provide direction to staff on information that is desired to be presented when the item is placed on a future agenda. Additionally, with the advice of the City Manager and City Attorney, the Council will provide direction to staff on the type of meeting (regular or special) and the type of session (closed, study, or general) at which the item w ill be considered. The Mayor and Mayor Pro Tem shall schedule the item no later than 45 days following the request, unless the Council Member who requested the item consents to it being placed on the agenda of a later meeting.
CEREMONIAL EVENTS
City staff will handle requests for a City representative at ce remonial events. The Mayor will serve as the designated City representative. If the Mayor is unavailable, then City staff will determine if event organizers would like another representative from the Council. If yes, then the Mayor Pro Tern will be asked to serve as a substitute; if the Mayor Pro Tem is unavailable, the reque st will to go another member of the Council.
Invitations received at City Hall are presumed to be for official City representation. Invitations addressed to individual Council Members at their homes are presumed to be for unofficial, personal consideration, unless otherwise indicated, and the individual is expected to represent the City of Yucaipa in a formal capacity.
ENDORSEMENT OF CANDIDATES
Council Members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention endorsements during Council meeting or other official City meetings.
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4 LEGISLATIVE PROCESS
The City follows parliamentary procedure for the management of meetings using guidelines adopted by Resolution No. 2014-065 on October 7, 2014.
PUBLIC COMMENT ON AGENDA AND NON-AGENDA ITEMS
During a designated period of the agenda, the public may comment on any item of interest that is within the subject matter jurisdiction of the Council. As a general rule, a speaker will be limited to five minutes.
The City Manager will respond, as deemed appropriate, to comments related to items on the meeting's agenda.
In compliance with the Brown Act, the City Council may not take action or discuss any item that does not appear on the Council meeting agenda.
PUBLIC INQUIRIES
City staff will prepare official letters in response to public inquires and concerns, as appropriate. These letters will carry the signature of the Mayor unless the Mayor requests that another Council Member or City staff sign them. If correspondence is addressed only to one Council Member that Council Member should generally check with staff on the best way to respond to the sender. In t he event a Council Member, as an elected representative, feels compelled to express an opinion a matter, i t shall be with the express understanding and stated as such, that it is their personal opinion and does not many way represent that of the City Council. Nor, under any circumstances, should a Council Member state or attempt to represent the opinion of the City Council or of another Council Member.
Council Members may receive public inquires via email and may choose to respond directly v i a email . All such correspondence is considered a public record and should be treated as such. As w ith official letter responses to public inquires, to a Council Member feels compelled to express an opinion on a matter, it shall be with the express understanding, and stated as such, that it is a personal opinion and does not m any way represent that of the City Council.
PUBLIC HEARING MEETING PROTOCOL
The applicant or appellant shall have the right to speak first after staff presentation regarding the item being appealed. The Chair will determine the length of time allowed f or this presentation. Speakers representing either pro or con points of view will be allowed to follow. The Chair will determine and announce limits on speakers at the start of the public hearing process. Generally, each speaker will be allocated five minutes with applicants and appellants, or their designed representatives, a llowed more time. If many speakers are anticipated, the Chair may shorten the time limit and/or ask sp eakers to limit themselves to new information and points of view not already covered by previous speakers. No speaker will be turned away unless he/she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the Council requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the Chair reopens the public hearing for a limited and specific purpose.
The applicant or appellant will be allowed to make closing comments. The Chair has the responsibility to run an efficient public meeting and has the discretion to modify th e public hearing process in order to make the meeting run smoothly and/or accommodate extenuating circumstances.
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5 Established protocol dictates that Council Members do not express opinions during the public hearing portion of the meeting except to ask per tinent questions of the speaker or staff. "I think" and "I feel" comments by Council Members are not appropriate until after the close of th e public hearing. To maintain proper public decorum it is important that Council Members refrain from arguing or debating with the public during a public hearing and always show respect for different points of view.
Main motions may be followed by amendments, followed by substitute motions. Any Council Member can call for a point of order. Only Council Members who voted on th e prevailing side may make motions to reconsider. Council Members who desire to make the first motion on issues that they feel strongly about should discuss their intention with the Chair in advance of the Council meeting.
COUNCIL CONDUCT WITH ONE ANOTHER
Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this com mon goal respectfully acknowledge this potential diversity of opinion and viewpoint even as Council may "agree to disagree" on contentious issues.
IN PUBLIC MEETINGS
• Use of formal titles
The Council should generally refer to one another formally during public meetings as Mayor, Mayor Pro Tem or Council Member followed by the individual’s last name
• Practice civility and decorum in discussions and debate
Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not, however, grant the right for Council Members to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be constru ed as threatening and otherwise disruptive can be tolerated. Disruptive behavior, at the direct ion of the Council, can result in expulsion from the proceedings.
• Honor the role of the Chair in maintaining order
It is the responsibility of the Chair to keep the comments of C ouncil Members on track during public meetings. Council Members should honor efforts by the Chair to focus discussion on current agenda Items. If there is a disagreement about the agenda or the Chair's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedures adopted on October 7, 2014. Differences of opinion of what constitutes appropriate versus inappropriate shall be resolved by consensus of the full Council at an appropriate time.
• Avoid personal comments that may offend other Council Members Redlands Regular Meeting of 09-19-2023
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6 If a Council Member is personally offended by the remarks of an other Council Member, the offended Council Member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other Council Member to justify or apologize for the language used. The Chair will maintain control of the discussion.
• Demonstrate effective problem-solving approaches
Council Members have a public sta ge to show how individuals wit h different points of view can find common ground and seek a compromise that benefits the community as a whole.
IN PRIVATE ENCOUNTERS
• Continue respectful behavior in private
The same level of respect and consideration in differing points of view that is deemed appropriate for public discussions should be maintained in private conversations.
Be aware that the insecurity of written notes, voicemail messag es, and email technology allows words written or said without much forethought to be distribute d wide and far. It could create unpleasant consequences and cause embarrassment. Written notes, voicemail messages and email should be treated as potentially “public” communication and part of the public record.
• Even private conversations can have a public presence
Elected officials are always on display - their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments betwee n individuals before and after public meetings noted. Council Members must behave at all times in a manner reflective of the trust placed in them by the public.
COUNCIL CONDUCT WITH CITY STAFF
Every effort should be made to be cooperative and show mutual r espect for the contributions made by each individual for the good of the community. The City of Yucaipa i s a general law city governed by the council/manager form of government. The City Council, with the assistance of its advisory commissions and boards, makes policies and fundamental governmental decisions; the City Manager is charged with implementing those policies and decisions and administering the day-to-day affairs of the City with the assistance of his/her staff. The City Council has direct authority over the City Manager and the City Attorney; all other employees of the City are under the direct authority of the City Manager. Following this hierarchy is important to the success of the basic structure and to maint aining positive and effective working relationships between the City Council and employees, and will prevent any confusion and/or inefficiency associated with potentially contradictory direction.
• Treat all staff as professionals
Clear, honest communication that respects the abilities, experi ence and dignity of each individual is expected. Poor behavior toward staff is improper, disrespectful and, as such, inappropriate and unacceptable.
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7 • Limit contact to specific City staff
Questions of City staff and/or requests for additional informat ion or services should be directed only to the City Manager. If, in the opinion of the City Manager the request makes sense and requires little staff time and/or resources, the City Manager can direct the appropriate department to fulfill the r e q u e s t .
• Do not disrupt City staff from their Jobs
To maintain efficiency in daily activities, it is important that Council Members not disrupt City staff while they are in meetings, on the telephone, or engrossed in performing their job functions in order to have their individual needs met.
• Respect City staffs time
Given ongoing fiscal constraints and limited staff and Council time, individual Council Members should minimize memos and maximize face-to-face interaction with other Council Members or staff.
In this respect, individual Council Members should schedule mee ting with their counterparts, the City Manager, or department directors, depending on the issue to be discussed. As a matter of courtesy and mutual respect, Council Members and staff should keep their sch eduled meetings or call in advance to cancel or reschedule.
• Requests for information
All Council Members will receive the same material and information to make legislative and other policy decisions and all requests for information should be made to the City Manager to ensure consistency.
If a Council Member requests research on an issue, staff shall provide such research if it does not require extensive time to research the issue. The City Manager shall de termine if the research is "extensive" or not. If the issue is complex and requires extensive staff time, the request must be approved by the City Council.
If a Council Member needs to review a document maintained in the City's records system, upon request to the City Manager, staff will retrieve the requested document. The City Manager is legally responsible for the management and retention of City records, and only staff is authorized to retrieve information from the records system.
Because of the associated costs, individual Council Members sha ll not make direct contact to City or Agency consultants or outside legal counsel requesting informat ion, research or service. Any request should be directed to the City Manager for compliance.
Confidential private financial statements are not provided to individual Council Members or the Council as a whole without the concurrence of the City Attorney.
• Never publicly criticize an individual employee
Council should never express con cerns about the performance of a City employee in public, to the employee directly, or to the employee's manager. Comments about staff performance should only be made to the City Manager through private correspondence or conversation.
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8 • Do not get involved in administrative functions
To prevent raising concerns of misdeeds, or questionable motives, Council Members must not attempt to influence City staff on the making of appointments, awarding of contracts, selection of consultants, processing of development applications, or granting of City licenses and permits.
• Check with City staff on correspondence before taking action
To prevent conflicting statements or duplications, before sendi ng correspondence, Council Members shall check with City staff to see if an official City response has already been sent or is in progress.
Typically the Mayor, through consultation with staff, should re spond to communications addressed to the entire Council. When it is unclear whether a corresponde nce is to an individual Council Member or the City Council as a whole, Council Members should c onsult with the Mayor or staff to determine the appropriate response.
Council Members correctly feel their presence at public meetings demonstrates an interested in the issue, however, it can also leave the public with an impression of the Council Member's position on the issue that may or may not be correct. Even if the Council Member does not say anything, the Council Member's presence can impact the meeting by implying support, showing pa rtiality, intimidating staff, and hampering staff's ability to do their job objectively. This should be avoided because when the item does come before the City Council, Council Members' deliberative process may have produced a different outcome, which may be viewed as the Council Member misleading the public.
Council Members may wish to explain that they are not able to r ender an opinion on an issue that will likely come before the full City Council until they are able to receive all of the information and hear all of the testimony presented at the City Council Meeting. Staff w ill always provide the public with this explanation of why the City Council is not present at the meeting.
• Requests for additional staff support
Requests for additional staff support, even in high priority or emergency situations, should be made to the City Manager or Assistant City Manager, or designated repre sentative who is responsible for allocating City resources in order to maintain a professional, well-run City government.
• Do not solicit political support from staff
Council Members should not solicit any type of political suppor t (financial contributions, display of posters or lawn signs, name on support lists, etc.) from City staff. City staff may, as private citizens with constitutional rights, support political candidates, but all su ch activities must be conducted away from the workplace.
COUNCIL CONDUCT WITH THE PUBLIC
IN PUBLIC MEETINGS
Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Council Members toward an individual participating m a public forum. Every effort should be made to be fair and impartial in listening to public testimony.
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9 • Be welcoming to speakers and treat them with care and respect
Remember that most people who address the Council are not profe ssional speakers and are not accustomed to speaking in public, and even those that are may be intimidated by the situation.
• Be fair and equitable in allocating public hearing time to individual speakers
Public hearings provide the opportunity for the public to provi de comment and feedback to the Council on issues that are of importance to them, and sometimes these c omments can cause the meeting to go much longer than anticipated. However, each member of the public who wishes to speak should be given equal consideration and attention, and not rushed. But each speaker is expected to stay within the allocated time.
• Actively listen
Listening is a critically important skill. In the interest of courtesy and decorum, Council Members should listen patiently to various opinions from all quarters. It can be disconcerting to speakers to have Council Members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time, or gazing around the roo m gives the appearance of disinterest and may unintentionally offend the speaker. As public official it’s important to be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom.
• Ask for clarification, but it's important to avoid debate and argument with the public
O n l y t h e C h a i r - not individual Council Members - can interrupt a speaker during a presentation. However, a can ask t he Chair for a point of order if the speaker is off the topic or exhibiting behavior language the Council Member finds disturbing.
If speakers become flustered or defensive by Council questions, it is the responsibility of the Chair to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Council Members to members of the public testifying should seek to clarify or expand information. It is never appropriate for elected officials to belligerently challenge or belittle a speaker. Council Members personal opinions or inclinations about upcoming votes should not be rev ealed until after the public hearing is closed.
• No personal attacks of any kind, are appropriate under any Circumstance
Council Members should be aware that their body language and tone of voice may appear to be intimidating or aggressive to some speakers.
• Follow adopted parliamentary procedure in conducting public meetings
The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. Fin al rulings on parliamentary procedure are made by the Chair, subject to an appeal by the full Council.
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10 IN UNOFFICIAL SETTINGS
• Make no promises on behalf of the Council
No individual Council Member has the authority to represent or make commitments on behalf of the City Council. Council Members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the c ommunity. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council action, or to promise City staff wil l do something specific (fix a pothole, remove a street tree, plant new flowers in the median, etc.).
• Make no personal comments about other Council Members
It is acceptable to publicly disagree about an Issue, but it is unacceptable to make derogatory comments about other Council Members, their opinions and actions. Doing so may undermine confidence in and respect for the City Council as a body.
Remember that Yucaipa is a small town at heart. Council Members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City. Honesty and respect for the dignity of each individual should be reflected in the words and actions taken by Council Members. It is a serious and continuous responsibility.
COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES
• Be clear about representing the City or personal interests
If a Council Member appears before another governmental agency or organization to give a statement on an Issue, the Council Member must clearly state if his/her statement reflects personal opinion or is the official stance of the City and whether this is the majority or minority opinion of the Council. If the Council Member is representing the City, the Council Member must support and advocate the official City position on an Issue, not a personal viewpoint. If the Council Member is representing another organization whose position is different from the City, the Council Member should withdraw from voting on the Issue If It significantly impacts or is detrimental to the City's interests .
Council Members should be clear about which organizations they represent and inform the Mayor and Council of their involvement.
• Correspondence also should be equally clear about representation
City letterhead may be used wh en the Council Member is represen ting the City and the City's official position. A copy of the official correspondence should be given to the City Manager’s Executive Assistant to be filed in the Council Office as part of the permanent public record.
It is best that City letterhead not be used for correspondence of Council Members representing a personal point of view, or a dissenting point of view from an o fficial Council position. However, should a Council Member use City letterhead to express a personal opinion, It must be clear to the reader that this is not the official City position.
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11 COUNCIL CONDUCT WITH COMMISSIONS, COMMITTEES AND BOARDS
The City has established commissions, committees and boards as a means of gathering more community input. Citizens who serve as such become more involved in gover nment and serve as advisors to the City Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect.
• If attending a commission, committee or board meeting, be careful to only express individual personal opinions
Council Members may attend any commission, committee, or board meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation, especially if it is on behalf of an individual, business or developer, could be viewed as unfairly affecting the process.
Any public comments by a Council Member at a commission, commit tee or board meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council.
• Limit contact with commission, committee, or board members to questions of clarification
It is inappropriate for a Council Member to contact a commission, committee, or board member to lobby on behalf of an individual, business, or developer. It is accep table for Council Members to contact commission, committee, or board members in order to clarify a p osition taken by the commission, committee, or board.
• Remember that commissions, committees, and boards serve the community, not individual Council Members
The City Council appoints individuals to serve on commissions, committees, and boards and it is the responsibility of these groups to follow policy established by the Council. But commission, committee and board members do not report to individual Council Members, nor should Council Members feel they have the power or right to threaten members with removal if the y disagree with them about an issue.
Appointment and reappointment to a commission, committee, or bo ard is governed by the Municipal Code and should be based on such criteria as expertise, ability to work with staff and the public, commitment to the community and to fulfilling official duties.
• Be respectful of diverse opinions
A primary role of commissions, committees, and boards is to rep resent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives.
Council Members may have a closer working relationship with some individuals serving on commissions, committees and boards, but must be fair and respectful of all citizens serving on commissions, committees and boards.
• Keep political support away from public forums
Commission, committee and board members may offer political support to a Council Member, but not in a public forum while conducting official duties. Conversely, Council Members may support commission, committee or board members who are running for office, but not in an official forum in their capacity as a Council Member.
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12 COUNCIL CONDUCT WITH THE MEDIA
Council Members are frequently contacted by the media or background and quotes.
• The Mayor and the City Manager shall determine the official spokesperson for the City's position on high-profile Issues
If an individual Council Member is contacted by the media, the Council Member should refer the media to the Mayor or the City Manager and refrain from making statements that would give the appearance of representing the City's position.
• The City Manager or his/her designee shall be the City's spokesperson on routine media inquires
• Remember who you are
A Council Member must always be aware of his/her role as a poli cy maker in the organization, and the deference that is afforded you by the public because of you r office. Consequently, it is very important to remember not to speculate or venture outside your area of expertise. The public will rely on what they are told by an elected official.
• The best advice for dealing with the media is to never go "off the record"
Most members of the media represent the highest levels of journ alistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted.
• Never say "no comment"
This statement can easily be misconstrued. If a Council Member does not have the information available, it is best to say so and let the media know when the informatio n will be available and then make certain to follow through.
• Do not be afraid to say "I don't know"
If a Council Member does not know the answer to a question, it is best to just say so, then find out. It is helpful to ask the media for their deadline and then get back to them on time.
• Don't speculate; avoid hypothetical questions
A Council Member may choose to raise a case study hypothesis to illustrate a process, but should not be lured into speculating about what has not occurred.
• Be positive, not defensive
• Choose words carefully and cautiously
Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media.
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13 • Avoid "never" and "always"
Opinions may change as additional information is revealed. Absolutes can come home to haunt!
• Do not fill in the silences
Silences can be a tool used by the media to keep a Council Memb er talking in hopes of obtaining more information. The only thing that should be said to fill in a silence is the Council Member's own prepared key messages.
• Do not lose your composure
A Council Member may win the battle, but will always lose the war.
• Do not argue with the media
Arguing with the media is a no-win situation. A Council Member who is calm and in good temper will also look like a sensible adult. That is a good image to convey. Keep in mind that editing has final control and an argument may be the only thing shown on the evening news.
• Never lie
It is better not to express an opinion than to fabricate a response that may not be entirely factual, and would tend to mislead the press.
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14 SANCTIONS
PUBLIC DISRUPTION
Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers.
INAPPROPRIATE STAFF BEHAVIOR
City staff members who do not follow proper conduct in their de alings with Council Members, other City staff, or the public will be referred to the City Manager. Thes e employees may be disciplined by the City Manager m accordance w1th City policies and procedures.
COUNCIL MEMBERS BEHAVIOR AND CONDUCT
City Council Members who are alleged to be m violation of State or Fair Political Practices laws or guidelines should be referred to the appropriate agencies.
City Council Members who intentionally and repeatedly do not follow proper conduct as outlined in this Code of Conduct may be reprimanded or formally censured by the Council, lose seniority or committee assignments (both within the City or with intergovernmental agencies) or have official travel restricted. Serious infractions of the City's Code of Ethics or Code of Conduct could lead to o ther sanctions as deemed appropriate by Council.
It is the responsibility of the individual Council Member to in itiate action if a Council Members behavior may warrant sanction. The alleged violation(s) can be presented to the full Council m a public meeting. If violation of the Code of Ethics or Code of Conduct is outside o f the behaviors observed by the Council, then subsequent investigation and potential sanctions should be reviewed and approved by the Council.
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15 PRINCIPLES OF PROPER CONDUCT
PROPER CONDUCT IS ...
• Keeping promises
• Being dependable
• Building a solid reputation
• Participating and being available
• Demonstrating patience
• Showing empathy
• Holding onto ethical principles under stress
• Listening attentively
• Studying thoroughly
• Keeping integrity intact
• Overcoming discouragement
• Going above and beyond, time and time again
• Modeling a professional manner
PROPER CONDUCT IS NOT
• Showing antagonism or hostility
• Deliberately lying or misleading
• Speaking recklessly
• Spreading rumors
• Stirring up bad feelings, divisiveness
• Acting in a self-righteous manner
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16 IT ALL COMES DOWN TO RESPECT
• Respect for one another as individuals
• Respect for the validity of different opinions
• Respect for the democratic process
• Respect for the community that we serve
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17 CHECKLIST FOR MONITORING CONDUCT
• Will my decision/statement/action violate the trust, rights or good will of others?
• What are my interior motives and the spirit behind my actions?
• If I have to justify my conduct in public tomorrow, will I do so with pride or shame?
• How would my conduct be evaluated by people whose integrity and character I respect?
• Even if my conduct is not illegal or unethical, is it done at someone else's painful expense?
• Will it destroy their trust in me?
• Will it harm their reputation?
• Is my conduct fair? Just? Morally right?
• If I were on the receiving end of my conduct, would I approve and agree, or would I take offense?
• Does my conduct give others reason to trust or distrust me?
• Am I willing to take an ethical stand when it is called for?
• Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for?
• Do I exhibit the same conduct in my private life as I do in my public life?
• Can I take legitimate pride in the way I conduct myself and the example I set?
• Do I listen and understand the views of others?
• Do I question and confront different points of view in a constructive manner?
• Do I work to resolve differences and come to mutual agreement?
• Do I support others and show respect for their ideas?
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18 GLOSSARY OF TERMS
Attitude The manner in which one shows one's dispositions, opin ions, and feelings Behavior External appearance or action; manner of behaving; carriage of oneself Civility Politeness, consideration, courtesy
Conduct The way one acts; personal behavior politeness connecte d with kindness Courtesy Suitable; proper; good taste in behavior
Decorum A way of acting; a style, method, or form; the way m wh ich things are done
Manners 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
Point of order A challenge to a speaker to defend or apologize for comments that a fellow
Point of
personal
privilege
Council Member considers offensive
Propriety Conforming to acceptable standards of behavior
Protocol The courtesies that are established as proper and corr ect Redlands Regular Meeting of 09-19-2023
250 of 469
19 APPENDIX
REVISIONS TO CODE
DATE SECTION ACTION
October 2, 2018 COUNCIL
CONDUCT
WITH
COMMISSIONS
, COMMITTEES
AND BOARDS
Removal of language:
Inappropriate behavior can lead to removal -
Inappropriate behavior by a commission,
committee, or board member should be noted to the
Mayor, and the Mayor should counsel the offending
member. If inappropriate behavior continues, the Mayor
should bring the situation to the attention of the Council and the individual may be subject to removal from the
commission, committee or board.
January 15, 2019 POLICIES AND
PROTOCOL
RELATED
T
O CONDUCT –
AGENDA ITEMS
Removal of language:
Individual Council Members should submit requests,
preferably written, for agenda Items to the Mayor for
consideration. In the case of a dispute a Council
Member may, at a public meeting, request the support
of the majority of the Council to place an item on the
agenda.
Addition of language:
However, to ensure all Council Member views are
represented, study session agendas contain a section
titled “Council Member Reports/ Requests”. In addition
to their reports, this portion of the meeting allows any Council Member to request an agenda item for a future
meeting, and allows the City Council to have a short
discussion on the request (but not on the substance of
the item). Any request must include an explanation of
the issue and the goal of the proposed Council
discussion. If at least one other Council Member
indicates support for the request at that time, then the item shall be placed on a future agenda. Upon support
for the request, the Council will provide direction to staff on information that is desired to be presented when the item is placed on a future agenda. Additionally, with the advice of the City Manager and City Attorney, the
Council will provide direction to staff on the type of
meeting (regular or special) and the type of session
(closed, study, or general) at which the item will be
considered. The Mayor and Mayor Pro Tem shall
schedule the item no later than 45 days following the
request, unless the Council Member who requested the
item consents to it being placed on the agenda of a later meeting.
Redlands Regular Meeting of 09-19-2023
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Print
San Bernardino County, CA Code of Ordinances
DIVISION 2: DEPARTMENTS, OFFICES AND
COMMISSIONS
CHAPTER 1: BOARD OF SUPERVISORS
Section
12.0101 Rules Applicable to Meetings.
12.0102 Supervisorial Districts.
12.0103 Non-interference.
§ 12.0101 Rules Applicable to Meetings.
Rule 1. Regular Meetings. Regular meetings of the Board of Supervisors of the County of San Bernardino shall generally be held on Tuesdays at 9:00 a.m. Meetings will not be held on Tuesdays when the preceding Monday is a legal holiday. All meeting dates shall be determined by an annual meeting calendar, as adopted and amended by the Board of Supervisors each year. (Ord. 974, passed - -1961; Am. Ord. 2211, passed - -1977; Am. Ord. 2557, passed - -1981; Am.
Ord. 2613, passed - -1982; Am. Ord. 2714, passed - -1982; Am. Ord. 3944, passed - -2005) Rule 2. Meeting Place. Regular meetings of the Board of Supervisors of the County of San Bernardino shall be held in the Covington chamber of the Board of Supervisors in the County Government Center, 385 North Arrowhead Avenue, First Floor, City of San Bernardino, County of San Bernardino, State of California, unless the annual meeting calendar as adopted or amended identifies another location within the County for a particular regular meeting. Closed sessions shall be held in the Magda Lawson Room of the County Government Center, unless another location is designated by the Chairperson of the Board. When a closed session is scheduled, the regular meeting of the Board of Supervisors shall be convened in the Magda Lawson Room, and adjourned to the Covington chamber following the closed session. (Ord. 2211, passed - -1977; Am. Ord. 2557, passed - -1981; Am. Ord. 3944, passed - -2005) Rule 3. Order of Business. The regular order of business of the Board shall be:
(a) Closed session;
(b) Invocation;
(c) Pledge of allegiance to the flag;
(d) Agenda of the Board;
(e) Adjournment.