THIS IS AN IN-PERSON MEETING ONLY
AGENDA(S):
- SPECIAL CITY COUNCIL AGENDA
Tuesday, November 14, 2023, 4:00 p.m.
Richmond Civic Center Auditorium, Bermuda Room
403 Civic Center Plaza
Richmond, CA 94804
Members
Eduardo Martinez, Mayor at Large
Melvin Willis, Councilmember District 1
Cesar Zepeda, Councilmember District 2
Doria Robinson, Councilmember District 3
Soheila Bana, Councilmember District 4
Gayle McLaughlin, Vice Mayor, District 5
Claudia Jimenez, Councilmember District 6
Link to City Council Agendas/Packets
http://www.ci.richmond.ca.us/4157/City-ofRichmond-Council-Meetings Register to receive notification of new agendas, etc.
http://www.ci.richmond.ca.us/list.aspx
THIS MEETING WILL BE HELD IN-PERSON ONLY
HOW TO SUBMIT PUBLIC COMMENTS:
In Person: Anyone who desires to address the City Council during public comment must complete and file a pink speaker’s card with the City Clerk - no person shall be permitted to speak during public comment other than those persons who have submitted their names to the City Clerk.
Via email: to [email protected] by 10:00 a.m. the day of the meeting.
Emails MUST contain in the subject line 1) public comments
CONDUCT AT MEETINGS: Richmond City Council meetings are limited public forums during which the City strives to provide an open, safe atmosphere and promote robust public debate. Members of the public, however, must comply with state law, as well as the City’s laws and procedures and may not actually disrupt the orderly conduct of these meetings. The public, for example, may not shout or use amplifying devices, must submit comment cards and speak during their allotted time, may not create a physical disturbance, may not speak on matters unrelated to issues within the jurisdiction of the City Council or the agenda item at hand, and may not cause immediate threats to public safety.
Click here for City Harassment Policy
Accessibility for Individuals with Disabilities: Upon request, the City will provide for written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services and sign language interpreters, to enable individuals with disabilities to participate in and provide comments at/related to public meetings. Please submit a request, including your name, phone number and/or email address, and a description of the modification, accommodation, auxiliary aid, service or alternative format requested at least two days before the meeting. Requests should be emailed to [email protected] or submitted by phone at 510-620-6513, ext. 9, or 510-620-6509.
Requests made by mail to City Clerk’s Office, City Council meeting, 450 Civic Center Plaza, Richmond, CA 94804 must be received at least two days before the meeting. Requests will be granted whenever possible and resolved in favor of accessibility.
Unless otherwise noted in an agenda description, all actions taken by the Council include a determination that CEQA does not apply (i.e., the action is not a project and therefore exempt from CEQA).
Disclaimer: The City Clerk's Office translates agendas to enhance public access. Translated agendas are provided as a courtesy and do not constitute legal notice of the meeting or items to be discussed. In case of discrepancy, the English agenda will prevail.
Pages
2 A. SPECIAL COUNCIL MEETING OF THE RICHMOND CITY COUNCIL 4:00 p.m.
B. ROLL CALL
C. AGENDA REVIEW
D. CITY COUNCIL GOALS
D.1 City Council Rules of Procedure and Order and Effective Communication 4 DISCUSS and CONSIDER modifications to the City Council Rules of Procedure and Order as well as enhanced protocols for effective communication and collective efficacy between City Council and City Staff – City Manager’s Office (Shasa Curl 510-620-6512).
E. PUBLIC COMMENT
F. ADJOURNMENT
3
November 14, 2023
City Manager's Office
DATE: November 14, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager, Internal Services
LaShonda White, Deputy City Manager, Community
Services
Patrick Seals, Project Manager
Lilia Corral, Management Analyst
Subject:
City Council Rules of Procedure and Order and Effective Communication
FINANCIAL IMPACT: There is no financial impact
PREVIOUS COUNCIL
ACTION:
September 27, 2023
June 15, 2023
May 31, 2023
May 22, 2023
May 16, 2023
April 4, 2023
November 8, 2022
STATEMENT OF THE
ISSUE:
During the City Council goal and priority setting sessions, Council members expressed interest in holding a special meeting to discuss City Council Rules of Procedure and
Order as well as effective communication.
RECOMMENDED ACTION:
DISCUSS and CONSIDER modifications to the City
Council Rules of Procedure and Order as well as
enhanced protocols for effective communication and
collective efficacy between City Council and City Staff – City Manager’s Office (Shasa Curl 510-620-6512).
AGENDA
REPORT
4
November 14, 2023
DISCUSSION:
Background
On November 8, 2022, the City Manager’s Office released a Request for Proposals (RFP) to solicit qualified professional facilitators experienced in working with elected officials or bodies for City Council team building and community strategic planning. After all responses were scored, City staff presented a proposed contract to host a City Council teambuilding retreat and to develop a City-wide strategic plan on April 4, 2023.
The City Council did not approve the proposed contract; however, they did emphasize the importance of setting priorities and goals.
Subsequently, the City Manager’s Office recommended working with The Gardner Group, LLC., to facilitate the goal-setting session. Henry Gardner, from the Gardner Group, LLC., facilitated various special City Council meetings to establish City Council Goals and Priorities, and noted that Councilmembers requested an additional meeting to discuss developing protocols to better support effective communication, as well as City Council Rules of Procedure and Order (Attachment 1).
City Council Rules of Procedures and Order and Effective Communication
Pursuant to Section 5 of Article III of the Charter of the City of Richmond the City Council adopted its Rules of Procedure and Order on March 21, 2006. In subsequent years amendments were made to the Rules of Procedure and Order, the most recent on January 18, 2022. The Council’s Rules govern all proceedings of the City Council, including, but not limited to:
Officers Responsibilities and Duties
Meetings and Types
Conduct and Rules of Decorum During Meetings
Order of Business
Meeting and Agenda Preparation
Procedural Items
In preparation to facilitate the discussion, Mr. Gardner interviewed the Mayor, City Councilmembers, City Manager, and the Management Leadership Team to better understand the needs of each to facilitate improved communication and collective efficacy.
DOCUMENTS ATTACHED:
Attachment 1 – Richmond City Council Rules of Procedure and Order Attachment 2 – November 14, 2023, Meeting Agenda
Attachment 3 – (For Reference Only) Concord City Council Meeting Procedures 5 1
CITY OF RICHMOND
City Council Rules
of
Procedure and Order
Adopted by City Council Resolution No. 61-13
Effective: June 18, 2013
Amended April 22, 2014
Amended October 21, 2014
Amended July 27, 2021
Amended November 23, 2021
Amended January 18, 2022
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Richmond that the following rules of the City Council shall govern all proceedings of the City Council therein described, subject to the exception and deviations provided for in such rules.
BE IT FURTHER RESOLVED, that the Council shall review its Rules of Procedure in March of each even numbered year.
Attachment 1
6 2
Table of Contents
SECTION PAGE
I. Officers’ Responsibilities 4
II. Meetings 4
III. Conducting Meetings 5
IV. Order of Business 8
V. Agenda Preparation 11
VI. Procedural Matters 13
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DEFINITIONS
Councilmembers: All elected members of the City Council including the mayor.
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I. Officers’ Responsibilities
A. Duties of Mayor At City Council Meetings
The mayor shall preside at the meetings of the Council and shall preserve strict order and decorum at all regular and special meetings of the Council. The mayor shall state every question coming before the Council and announce the decision of the Council on all subjects, and decide all questions of order. The mayor has final say on all rules, subject to being overturned by a majority of the City Council.
B. Duties of Councilmembers at City Council Meetings
Promptly at the hour on the date of each regular and special meeting, the members of the Council shall take their regular stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition pursuant to Article III of the City Charter.
II. Meetings
A. Regular Meetings
(1) Regular meetings of the Council of the City of Richmond shall be held on the first and third Tuesdays of the month provided that, if any Tuesday falls on a legal holiday, the meeting shall be held on the following Tuesday at the same hour. Any future regular or special meeting may be canceled by a vote of a majority of the members of the City Council during a regular or special meeting. (2) Regular meetings held on the first and third Tuesdays of the month should be reserved for items requiring Council action.
(3) The evening session of regular City Council meetings shall begin at 6:30 p.m or as otherwise posted.
(4) Regular meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by the consent of a majority of the City Council. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be handled. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. 11:30 shall be the firm end-time of the meeting, unless by a 2/3 vote the City Council suspends the rules and then votes affirmatively to extend past 11:30
B. Fourth Tuesday Meetings As Needed
The Council may hold regular meetings on the fourth Tuesday of the month as needed.
Study sessions, presentations, proclamations, commendations, time-sensitive items, and items expected to take more than an hour will be scheduled at that meeting. If possible, agenda items anticipated to be lengthy should appear as the first item on the agenda.
Study for Action sessions may result in a City Council motion that provides policy direction to staff.
C. Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. Council actions shall be governed by the Brown Act.
Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney, or the City Attorney’s designee, shall be the individual who reports out in public session any reportable action taken during closed session, and any other information from closed session authorized to be disclosed by a majority vote of the City Council.
D. Special Meetings
Special meetings may be called at any time by the mayor or by a majority of the City 9 5
Council in accordance with Government Code Section 54956. The call and notice of such special meeting shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such special meeting by the City Council.
E. City Council Recess Periods
The City Council recess period shall begin the first Tuesday in August, and reconvene the first Tuesday following the week of Labor Day.
During any recess period, the city manager is authorized to take such ministerial actions for matters of operational urgency including such emergency actions as are necessary for the immediate preservation of the public peace, health or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by the Charter. This authority extends throughout the period of recess established by the City Council.
The city manager shall make a full and complete report to the City Council at its first regularly scheduled meeting, following the period of recess, of actions taken by the city manager pursuant to this section, at which time the City Council may make such findings as may be required and confirm said actions of the city manager.
III. Conducting Meetings
A. Rosenberg Rules of Order
Rosenberg's Rules of Order, as published by the League of California Cities, shall be the parliamentarian rules of order for City Council meetings except for the exceptions described in Section VI, B Procedural Matters 5-7.
B. Quorum Call
During the course of the meeting, should the Chair note a Council quorum is lacking, the Chair shall call this fact to the attention of the city clerk. The city clerk shall issue a quorum call. If a quorum has not been restored within three minutes of a quorum call, the mayor may call for a recess of up to 30 minutes in order to establish a quorum or he/she may adjourn the meeting.
C. Decorum and Discussion by Council members
While the Council is in session, the members must preserve order and decorum. A Councilmember shall not, by conversation or other actions, delay, interrupt the proceedings or the peace of the Council nor disturb any member while speaking, nor refuse to obey the orders of the Council, or the presiding officer, except as otherwise herein provided. Councilmembers shall use discretion and leave the Chamber to discuss items before the City Council with members of the audience.
Councilmembers are prohibited from using a cell phone or pager during a meeting, except for urgent matters, to avoid disruption and also to avoid a perception of a Brown Act violation.
All Councilmembers shall maintain a professional decorum during business meetings of the City Council. All members should adhere to the City of Richmond’s Code of Ethics.
Councilmembers shall limit their questions to staff and other presenters to actual questions, rather than statements.
Councilmember’s comments and questions will be limited to 5 minutes per item.
After each Councilmember has had a turn, the Council may vote on a non- debatable motion to have additional rounds of discussion also limited to 5 minutes 10 6
per Councilmember. For important issues, each Councilmember will be allowed two “special considerations” per meeting. Each “special consideration” will allow a Councilmember an additional 5 minutes on a topic.
D. Manner of Addressing the City Council in-person - Time Limit
(1) Anyone who desires to address the City Council on items appearing on the agenda must complete and file a pink speaker’s card with the city clerk prior to the City Council’s consideration of the item. Once the city clerk has announced the item and discussion has commenced, no person shall be permitted to speak on the item other than those persons who have submitted their names to the city clerk. Speakers will be called when the item is announced for discussion. Each speaker will be allowed two (2) minutes to address the City Council on items listed on the agenda.
(2) Unless otherwise permitted by a majority of the City Council, once the discussion of the agenda item has commenced, no person shall be permitted to speak on the item other than those persons who have submitted their names to the City Clerk. Unless otherwise waived by a majority of the City Council any person addressing the City Council on any item on the agenda shall be limited to a maximum of two (2) minutes.
(3)The city clerk shall call the speakers in groups of seven to sit directly behind the speaker podium. The person shall approach the microphone, state his/her name and city of residence in an audible tone of voice for the records. All remarks shall be addressed to the City Council as a body and not to any member thereof.
Manner of Addressing the City Council – Virtual or by phone
(4) To comment by video conference, click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being asked for. Speakers will be called upon in the order they select the “Raise Your Hand” feature. When called upon, press the unmute button. After the allotted time, you will then be re-muted.
(5) To comment by phone, you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is asked for. When called upon, you will be asked to unmuted by pressing *6. After the allotted time, you will then be re-muted.
E. Decorum by Public
No person shall engage in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting. Such behavior may include but is not limited to shouting, making disruptive noises, such as boos or hisses, creating or participating in a physical disturbance, calling out or speaking out of turn or in violation of applicable rules, refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting or disobeying any other lawful order of the presiding officer, speaking on an issue that is not within the jurisdiction of the City Council, speaking on an item at a time not designated for discussion by the public of that item, continuing to speak after the allotted speaker time has expired, causing an immediate threat to public safety, preventing or attempting to prevent others who have the floor from speaking, preventing others from observing the meeting, entering into or remaining in an area of the meeting room that is not open to the public, or approaching the Council table without consent. Any message to or contact with any member of the Council while the Council is in session shall be through the City Clerk.
F. Enforcement of Decorum
Any law enforcement officer on duty or whose service is commanded by the presiding officer shall be Sergeant-at-Arms of the Council meetings. He/she, or they, shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings.
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The rules of conduct shall be enforced in the following manner:
a) Call to order and warning to desist. Whenever practicable, the presiding officer shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct. A second warning shall also be given when practicable. A warning need not be given when it would not be effective under the circumstances, including when, for example, the disturbance is such that the warning cannot be heard above the noise, or the person’s conduct immediately threatens public safety (such as throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats). b) Order barring person from that same meeting. A person who engages in disorderly behavior shall be barred from the remainder of that same council meeting by the presiding officer when that person continues the disorderly behavior after receiving a warning at that meeting (and a second warning when practicable) to desist. Such behavior is willful disruption that actually disrupts the orderly conduct of the meeting.
G. Brown Act Requirements for Council Action
The Council shall not take action on any item that has not been published on the agenda of the meeting and posted in accordance with Chapter 4 of the Brown Act. Any item not on the agenda shall not be considered unless the item can be considered by the City Council pursuant to Government Code Section 54954.2(b), The Ralph M. Brown Act (Attached as Section B, Government Code Section 54950-54963, in the Index of this Policy).
H. Requests for Technical Assistance and/or Reports
During Council consideration of an item any member can request staff to provide technical assistance, develop a report, initiate staff research, or respond to requests for information or service. All such responses to these requests become a matter of Public Record.
A Councilmember may request research on any item being considered. Any Councilmember may ask staff to provide information when such a request would only require a reasonable amount of time to accomplish, as determined by the city manager. A request for information being considered that requires an extensive amount of staff time must be approved by the majority of the Councilmembers. Staff shall not spend any time or money pursuing initiatives that are contrary to existing public policy without first requesting and receiving direction from a majority of the City Council.
City staff has the same obligation to respond to Councilmembers’ requests for information as requests from the public pursuant to Chapter 2.40 of the Richmond Municipal Code (RMC).
I. Recordings of Meetings
All meetings of the City Council (except closed sessions) shall be open to the media and may be recorded by tape, radio, television, or photography by a member of the public, provided such recordings do not interfere with the orderly conduct of the meetings and do not (because of noise, illumination, or obstruction of view) constitute a persistent disruption of the proceedings.
J. Campaigning at Meetings
City Council chambers during City Council meetings are a campaign-free zone. Election of individuals to the Council or other office is not within the Council’s subject matter jurisdiction, and speakers may not campaign for or against candidates for office at Council meetings. Ballot measures, on the other hand, are within the jurisdiction of the Council and may be discussed; and speakers may criticize the City’s policies, programs, services or acts or omissions of the Council or its members. The following are examples of permissible comments: “Vote for Measure A”, “Vote against Measure D”, “The streets are filled with potholes”, “The Council is doing a poor job”, “Councilmember Smith is a lousy councilmember.” The following comments are examples of impermissible comments outside of the City’s subject matter jurisdiction: “Vote for Smith”, “Vote against Smith”.
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IV. ORDER OF BUSINESS
A. Pledge of Allegiance to the Flag – in person meeting
At the beginning of each Richmond City Council meeting, the Pledge of Allegiance will be recited by the City Council and the audience.
B. Call to Order - Presiding Officer
The mayor, or in the mayor’s absence, the vice mayor, shall take the chair precisely at the hour appointed by the meeting and shall immediately call the Council to order.
Upon the arrival of the mayor, the vice mayor shall immediately relinquish the chair at the conclusion of the business presently before the Council. In the absence of the two officers specified in this section, the Councilmember present with the longest consecutive period of Council service shall preside.
C. Roll Call
Before proceeding with the business of the City Council, the city clerk shall call the roll of the members of the City Council and the names of those present and absent shall be entered in the minutes.
D. Scheduling of Items
As a courtesy to the public, to the extent possible, the City Council agenda will include estimated times for agenda items to be heard for items that are of considerable public interest. If a time certain appears on the Council agenda, in no event will the agenda item be heard or discussed before its estimated time. The business of the City Council at its regular meetings on the first and third Tuesdays of the month shall be taken up for consideration and disposition in the order set forth below and as published by the city clerk, except that with the concurrence of a majority of the City Council matters may be taken up out of order:
a. Roll Call
b. Statement of Conflict of Interest
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c. Agenda Review
d. Presentation, Proclamations and Commendations (if required for timeliness) Presentations, proclamations and commendations shall be limited to three (3) items per meeting and a maximum of five (5) minutes for each item, unless otherwise permitted by the mayor. Unless items are deemed to be time sensitive by the mayor, presentations proclamations and commendations should be limited to the City Council meeting on the fourth Tuesday. Each Councilmember shall be limited to thirty (30) minutes of Presentations and Proclamations each ½ year, with sixty (60) minutes allocated for the mayor for each ½ year/.
e. Report from City Attorney for final decision made, and non-confidential discussions held, during Closed session
f. Report from the City Manager
g. Abatement Report from the Public Works Director – First Tuesday meeting h. Report from Implementation Sub-Committee for Reimagining Task Force – Third Tuesday meeting
i. Recent Crime Report by the Police Chief – Fourth Tuesday meeting j. Open Forum for Public Comments (public comment for items that remain on the Consent Calendar and Items f, g, h, and i, listed above, may be heard under Open Forum).
k. Consent Calendar (including approval of minutes, resolutions that are non- controversial, and second reading of ordinances).
l. Public Hearings
m. Budget Session
n. New Business – (including Council as a Whole items, resolutions that require discussion, and ordinances that do not require a public hearing)
o. Reports of Officers: Standing Committee Reports, Reports from Mayor/Council members/Staff, and Referrals to Staff
p. Adjournment
E. Open Forum for Public Comments – in person
Individuals who would like to address the City Council on matters not listed on the agenda may do so under Open Forum. All speakers must complete and file a pink speaker’s card with the City Clerk prior to the commencement of Open Forum. The amount of time allotted to individual speakers shall be determined based on the number of persons requesting to speak during this item. The time allocation for each speaker will be as follows: 15 or fewer speakers, a maximum of 2 minutes; 16 to 24 speakers, a maximum of 1 and one-half minutes; and 25 or more speakers, a maximum of 1 minute.
Speakers are asked to give their name and city of residency prior to making their public comment. To expedite the public comment period, the City Clerk will announce the name of the speakers in groups of seven and state the procedure for speakers.
The mayor or meeting chair may refer a subject to staff or other resources for factual information or for action, if appropriate.
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F. Reading of Minutes
Unless the reading of the minutes of the City Council meeting is requested by a majority of the City Council, such minutes may be approved without reading if the city clerk has previously furnished each member of the City Council with a copy thereof. Minutes of previous City Council meetings shall be distributed to the Councilmembers and posted on the City’s website 72 hours prior to the next City Council meeting.
G. Consent Calendar
The mayor, any member of the City Council, the city manager, the city attorney or the city clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the recommendation as to the action to be taken by the City Council with respect to such item. All items placed on the consent calendar that have been approved by a Standing Committee shall appear together on the agenda with the recommendation and the vote of the Standing Committee. Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended.
H. Removal of Item From Consent
Procedures for Removing Items from the Consent Calendar: Members of the public who request to remove an item from the consent calendar must first discuss the item with a staff member by phone or a back-and-forth email discussion, and state the name of the staff member when requesting removal of the item from the consent calendar.
Any member of the City Council who would like to remove an item from the consent calendar must notify the appropriate staff person and the City Clerk’s Office prior to the meeting. Although members of the City Council are encouraged to ask questions and share concerns with staff ahead of the meeting, they are not required to do so.
The Clerk’s Office must be informed of any requests to remove items from the Consent Calendar.
Items removed from the Consent Calendar shall be placed at the end of the agenda for consideration.
I. Public Hearings
The order of proceeding where there is a public hearing (non-appeal items) item before the City Council shall be as follows:
(1) Staff Report
(2) Questions from the Council
(3) Open Public Hearing
(4) Public Speakers, alternating from a speaker in favor and a speaker opposing
(5) Close Public Hearing
(6) Clarification questions to staff
(7) City Council discussion and vote (discussion may include questions by Council)
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Where the public hearing involves (an appeal) of an item to the City Council, the order of proceeding shall be as follows:
(1) Staff Report
(2) Questions from the Council
(3) Open Public Hearing
(4) Appellant's statement *
(5) Principal opponent’s statement *
(6) Public Speakers, alternating from a speaker in favor and a speaker opposing*
(7) Appellant’s rebuttal (two minutes)
(8) Opponent’s rebuttal (two minutes)
(9) Close Public Hearing
(10) Clarification questions to staff or technical questions to applicants.
(11) City Council discussion and vote (discussion may include questions by Council)
* Note: The appellant and the principal opponent addressing the City Council shall be limited to a maximum of eight (8) minutes each and all other persons addressing the City Council shall be limited to a maximum of three (3) minutes.
The City Council by an affirmative vote of a majority of its members may make appropriate adjustments in the amount of time given to make presentations during public hearings depending upon the unique circumstances of a given public hearing.
*Note: Public speakers, alternating from a speaker in favor of the appeal to a speaker opposed to the appeal, to a speaker taking no position. Speakers shall have three minutes to address the City Council.
J. Reports of Officers
Members of the City Council and City staff shall limit their reports to matters concerning attendance at a meeting, conference, event or activity, reminder of upcoming events, m eetings or other activities, or update on p reviously reported information. Service complaints or requests for services by the City Council shall not be reported but shall be directed to the City Manager prior to or following the City Council meeting for appropriate action.
K. Items Not Completed
Any items not completed at a regularly scheduled Council meeting shall be continued to the next regular business meeting or study session meeting (respectively), or by a majority (quorum) vote of the Council to an adjourned regular meeting. Items carried over from a previous meeting shall be scheduled as the first order of business within the appropriate category if possible.
V. Agenda Preparation
For purposes of this section, the terms listed herein shall be defined as follows:
A. Definitions
1. Agenda Item means an item placed on the agenda for a vote of the Council by a 16 12
Councilmember, the city manager, city attorney, and city clerk.
Agenda items shall have a staff report, including the following:
(a) The name of the legislative body that will take action on the item;
(b) A Statement of the Issue that adequately informs the public of the subject matter and general nature of the item or report and action requested;
(c) Staff Recommendation reviewed and approved by
the City Manager; (d) Fiscal Impacts of the
recommendation;
(e) A description of the current situation and its effects; (f) Background information as needed;
(g) Explanation for the recommendation;
(h) Person or persons to contact for further information, with telephone number;
(i) If the author of any report believes additional background information, beyond the basic report, is necessary to Council understanding of the subject, the staff report will describe the attachments included. The staff report and its attachments will be included in the published agenda packet and available for City Council and public review on the City Clerk’s Office webpage.
2. “Agenda” means the compilation of the descriptive titles of agenda items with the required action stated submitted to the City Clerk.
3. “Packet” means the agenda and all the staff reports.
B. Submission of Agenda Items
The placement of any item on any regular or special meeting agenda shall be limited to the following: (1) the mayor or any member of the City Council; (2) the city manager; (3) the city attorney; and (4) the city clerk. To place an item on the agenda, a member of the City Council must submit the item to the City Council staff liaison or to the city clerk, in the absence of the Council liaison, no later than 12 noon on Wednesday, one week prior to the Tuesday regular meeting. The Council will endeavor to submit agenda items that require staff work earlier than the deadline stated above. The Mayor’s Office staff is responsible to submitting mayor-sponsored items to the agenda by 12 noon on Wednesday, one week prior to the Tuesday regular meeting.
Items placed on the agenda by the City Council shall remain on the agenda and will not be removed without the approval of the Councilmember requesting the item be placed on the agenda.
The mayor, city manager, city clerk, and city attorney shall meet to review the draft agenda as compiled by the city clerk and set the final agenda.
C. Committee Review of Certain Items
If it is determined either after or prior to Council consideration of an issue, that the issue requires an in-depth review, a detailed analysis, further debate, discussion or other consideration, this agenda item may be referred to a City Council standing committee or to the full City Council as a study session. Following the committee meeting or study session, the recommendations regarding the items may be placed on a regular or special meeting agenda for consideration by the City Council or placed on a future committee meeting agenda for additional discussion. In order for the full City Council to be engaged in policy issues, an item may not be retained by the committee for more than two (2) months without concurrence of a majority of the City Council. Committees should eventually refer all items to the Council for consideration whether or not a committee recommendation has been reached. 17 13
D. Scheduling Public Hearings Mandated by State, Federal, or Local Statute
The City Clerk may schedule a public hearing at an available time and date in those cases where State, Federal or Local statute mandates the City Council hold a public hearing.
E. Packet Preparation and Posting
1. Preparation of the Packet
The city clerk shall prepare the packet, which shall include the agenda plus all its corresponding duplicated agenda items. No item shall be considered if not included in the packet, with the exception of a correction or supplement to an item already included in the packet or an item deemed an urgency by the city attorney because of the following circumstances:
a. The subject meets the criteria of “Emergency.”
b. There is a need to take immediate action and that the need for action came to the attention of the City subsequent to the posting of the agenda as required by law.
2. Distribution and Posting of Agenda
The city clerk shall post each agenda of the City Council regular meeting at least72 hours in advance of the meeting and shall post each agenda of a special meeting at least 24 hours in advance of the meeting on the official outside enclosed bulletin board of City Hall, at the website, on KCRT (City channel station), and at a location that is available to the public 24 hours a day. The city clerk shall maintain proof of posting each agenda.
The City Clerk shall also post agendas of all City Council and Standing Committee meetings on the City’s website.
Copies shall also be available free of charge in the lobby of City Hall.
F. Distribution of the Packet
1. 72 or 24 hours prior to said meeting, the City Council agenda/packet shall be available on the City’s webpage.
2. Matters listed on the printed agenda but for which supporting documentation is not received by the City Council prior to said meeting as part of the agenda packet, shall not be discussed or acted upon. In cases where the good of the City outweighs the lack of time for citizen review or Councilmember evaluation of an item, the Council by a vote of a quorum of the members may waive this rule.
VI. Procedural Matters
A. Motions to Be Stated By Chair
When a motion is made, it shall be stated by the Chairperson or the City Clerk before debate or discussion.
B. Motions Not Open To Debate
Rosenberg’s Rules of Order states that when the following motions are made, the Chair must call for an immediate vote without debate:
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1. Motion to Adjourn
2 Motion to Recess
3. Motion to fix adjournment
4. Motion to table
5. Motion to limit debate a.k.a “Call the question” requires a majority vote.
6. Motion to close nominations requires a majority vote
7. Motion to object to consideration; this prevents debate on an item and requires a majority vote
C. Rules of Debate
(1) Presiding Officer May Debate. The presiding officer may debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the presiding officer.
2) Getting the Floor - Improper References to be Avoided. Every member desiring to speak shall address the Chair, and upon recognition by the presiding officer, shall confine himself/herself to the question under debate.
3) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him/her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order be determined, and, if in order, he/she shall be permitted to proceed.
4) Privilege of Closing Debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. When a motion to call a question is passed, the Councilmember moving adoption of an ordinance, resolution or other action shall have three minutes to conclude the debate.
5) Suspension of the Rules (as per Rosenberg’s Rules) requires a 2/3 vote of the Council.
6) Repeal or Amendment of Action Requiring a Vote of a Quorum, Two-Thirds, or Greater of Council. Any ordinance or resolution which is passed and which, as part of its terms, requires a vote of a quorum, two-thirds or more of the Council in order to pass a motion pursuant to such an
ordinance or resolution, shall require the vote of the same percent of the Council to repeal or amend the ordinance or resolution.
D. Motion to Table
A motion to table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority and with consent a majority of the members present.
E. Addressing the Council After Motion Made
When a motion is pending before the Council, no person other than a Councilmember shall address the Council without first securing the permission of the Mayor or Meeting Chair to do so.
F. Continuance of Items
At the Mayor’s sole discretion, the mayor may continue any item placed on a regular meeting agenda for a period of up to two weeks. The Council may override an action taken by the mayor to continue an item by the affirmative vote of a majority of the Council (Article III-A, Section 1 (e), Charter of the City of Richmond). 19 Attachment 2 – November 14 , 2023 Agenda
CITY COUNCIL RULES A ND
PROCEDURES AND EFFEC TIVE
COMMUNICATION
AGENDA
Location: Bermuda Room, 403 Civic Center Plaza
Date: November 14 , 2023
Time: 04:00 PM – 07:00 PM
Facilitator: Henry Gardner
SCHEDULE
04:00 PM Roll Call
04:05 PM Review of Rules of Procedure
05:15 PM Working Relationship between City Council and Staff (Management Leadership Team)
a. What do councilmembers need from the Mayor?
b. What does the Mayor need from councilmembers ?
c. What does the Management Leadership Team need
from the City Council?
d. What does the City Council need from the
Management Leadership Team?
06:30 PM Public Comments
06:45 PM Next Steps and Final Comments
07:00 PM Adjournment
ADDITIONAL INFORMATI ON
For any questions or concerns, please contact Lilia Corral or Patrick Seals in the City Manager’s Office at (510) 620 -6512.
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Number:
Authority:
Effective:
Revised:
Reviewed:
POLICY & PROCEDURE Initiating Dept.:
CITY COUNCIL MEETING PROCEDURES
1. PURPOSE
2 Council Motion
12-07-70
9-5-17
CM
To provide a procedural guide for the conduct of City Council meetings, including the preparation of agendas and minutes.
2. BACKGROUND
The City Council convenes regular and special meetings to conduct its business in accordance with California's open meeting law (the Brown Act, Government Code Section 54950 et seq.). A range of business matters come regularly before the City Council, including items requiring public discussion or a public hearing, routine items requiring formal action, and information items. To further the public interest, the City Council determines that it must focus its time and attention on the consideration of policy items, delegating to City staff those matters of an administrative nature. The City Council therefore sets forth herein a methodology for the expeditious and proper handling of City Council meetings, and for preparation of agendas and minutes. In the event of any conflict between these local procedures and State law, the provisions of State law shall govern. Except when prohibited by law or by a specific provision of this polfoy requiring a supermajority vote, the City Council by majority vote may waive or modify any of the procedural rules contained herein.
3. CITY COUNCIL MEETINGS
All meetings of the City Council shall be open to the public, except as provided by law.
3.1 Regular Meetings. Pursuant to Concord Municipal Code Section 2.05.010, regular meetings of the City Council shall be held in the Farrel A. Stewart Civic Center, 1950 Parkside Drive, Concord, California unless the meeting agenda identifies another location. Regular meetings shall be held on the first, second and fourth Tuesday of each month and shall convene at or around 5:00 p.m. The Council agenda shall reserve around 5:00 p.m. to 6:30 p.m. for non-hearing items, including closed sessions and study sessions.
No public hearing shall commence before 6:30 p.m. No public hearing shall commence after 10:00 p.m. without a majority vote of the City Council. No new items may be heard after 11 :00 p.m. without a majority vote of the City Council. The City Clerk shall post an agenda, as required by Government Code Section 54954.2, specifying the time and the location of the meeting.
3.2 Special Meetings. The presiding officer or a majority of the City Council may call a special meeting at any time in accordance with Government Code Section 54956.
3.3 Study Sessions. Study sessions may be conducted as part of a regular or special meeting. Study sessions may be scheduled as deemed necessary or desirable for exchanging information and providing direction to City staff prior to final action by the City Council.
3.4 Closed Sessions. The City Council may, from time to time, meet in closed session, not open to the public or the news media, to discuss litigation, real estate negotiations, personnel matters, labor relations, and other matters authorized by the Brown Act. The City Attorney shall prepare the agenda description for each closed session item.
3.5 Emergency Meetings. Emergency meetings may be called without complying with the 24-hour notice requirement in accordance with Government Code Section 54956.5.
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