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Agenda packet

San Anselmo City Council
October 10, 2023

Document
Agenda packet
Meeting
October 10, 2023
Body
San Anselmo City Council
Pages
6
Original file
18.7 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

Sub-Tasks:
 Develop illustrative plan summarizing short-term recommendations  Develop illustrative plan summarizing long-term recommendations Task 5: Outreach
Goal: Gain insight into the public’s issues and perceptions regarding walking and cycling conditions within the study area.

Sub-Tasks:
 Create a survey for distribution by the City to neighborhood residents asking about perceived issues walking and cycling within the study area
 Conduct one community meeting, advertised to the wider community, to gather feedback about issues and opportunities. Include a pre-meeting walk around the study area with participants to observe conditions in the field and solicit feedback
Task 6: Finalize Recommendations
Goal: Incorporate feedback from Task 5 to finalize short- and long-term recommendations Sub-Tasks:
 Finalize illustrative plan summarizing short-term recommendations  Finalize illustrative plan summarizing long-term recommendations Deliverables
 Maps showing existing conditions in the study area. Maps may include collisions, vehicle speeds and volumes, and active transportation infrastructure and gaps/issues  Illustrative plans summarizing short- and long-term recommendations  Toolbox of potential treatments to improve active transportation safety within the study area 151
Item # 2.4
Item #: 2.4

STAFF REPORT
TOWN OF SAN ANSELMO Item #: 2.4
MEETING DATE: October 10, 2023
AGENDA TITLE: Rules of Decorum for Town Public Meetings FROM: Megan H. Acevedo, Town Attorney
Dave Donery, Town Manager
RECOMMENDATION:

Review and adopt the attached Resolution Establishing Rules of Decorum for Town Public Meetings (Attachment 1).

BACKGROUND AND DISCUSSION
At its meeting of September 26, 2023, Mayor Burdo with the support of the Town Council, requested that staff prepare Rules of Decorum for public meetings. Staff drafted the attached proposed rules with the goal of clearly stating the Town’s expectations for participants in public meetings and tools for Town officials to use in the event of disruptive behavior.

Town public meetings are considered a “limited public forum” and the Town may regulate the time, place and manner of speech permitted during these meetings if the regulations do not discriminate based on the viewpoint being expressed and are evenly applied. The Brown Act recognizes the Town Council’s authority to adopt reasonable rules and to enforce those rules when a meeting attendee’s behavior disturbs, disrupts, impedes or renders infeasible the orderly conduct of a public meeting. (Cal. Gov't Code §§ 54954.3, 54957.9 and 54957.95).

Under the Brown Act, Town Council-adopted regulations must preserve the public’s opportunity to directly address the legislative body on any item of interest to the public that is within the subject matter jurisdiction of the legislative body. (Cal. Gov't Code § 54954.3(a), (b)(1)). A recent amendment to the Act allows the presiding officer to have a meeting participant removed, following a warning, based on disruptive behavior, 152
Item # 2.4
Item #: 2.4
including failure to comply with the Council’s reasonable and lawful rules. (Cal. Gov't Code § 54957.95).1
The attached proposed resolution establishes Rules of Decorum that promote civility in Town public meetings and include an enforcement mechanism that is consistent with the Brown Act.

FISCAL IMPACT
There is no fiscal impact associated with adoption and implementation of the attached Resolution.

CEQA AND CLIMATE ACTION PLAN CONSISTENCY
Adoption of the Rules of Decorum for Town Public Meetings is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).

ATTACHMENT
Attachment 1- Draft Resolution

1 Under the statute, “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law.
(B) Engaging in behavior that constitutes use of force or a true threat of force. (Cal. Gov't Code § 54957.95).
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Item 2.4- Attachment 1
Item 2.4- Attachment 1
[Proposed] RESOLUTION NO. __________

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO

ESTABLISHING RULES OF DECORUM FOR PUBLIC MEETINGS
WHEREAS, Town public meetings are considered a “limited public forum” and the Town may regulate the time, place and manner of speech permitted during these meetings if the regulations do not discriminate based on the viewpoint being expressed and are evenly enforced; and
WHEREAS, the Ralph M. Brown Act authorizes the Town to adopt reasonable regulations to ensure the opportunity for members of the public to directly address the legislative body on agenda items and topics within the Town’s subject matter jurisdiction, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker (Cal. Gov't Code § 54954.3(b)(1); and WHEREAS, the Town Council believes that adopting rules of decorum that apply to all Town public meetings will help ensure that civic engagement and local democracy continue to flourish in Town; and
WHEREAS, the Brown Act recognizes the Town Council’s ability to adopt reasonable rules and to enforce those rules when a meeting attendee’s behavior disturbs, disrupts, impedes or renders infeasible the orderly conduct of a public meeting (Cal. Gov't Code §§ 54954.3; 54957.9 and 54957.95); and
WHEREAS, adoption of the Rules of Decorum for Town Public Meetings is not a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).

NOW, THEREFORE, BE IT HEREBY RESOLVED as follows:

Section 1. The above recitals are incorporated herein by reference as if set forth in full.

Furthermore, the Town Council hereby adopts the Rules of Decorum for Town Public Meetings, which are attached hereto as Attachment 1 and incorporated herein by reference.

I hereby certify that the foregoing Resolution was duly passed and adopted at a regular meeting of the San Anselmo Town Council on the 10th day of October, by the following vote:

AYES:

NOES:

ABSENT:
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Item 2.4- Attachment 1
Item 2.4- Attachment 1
ABSTAIN:
______________________________
Steve Burdo, Mayor
ATTEST:
____________________________
Serge Avila, Town Clerk
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Item 2.4- Attachment 1
Attachment 1
Rules of Decorum for Town Public Meeting
A. General Provisions
The Town of San Anselmo (Town) has numerous public meetings, including Town Council meetings, Commission meetings, Board meetings, and Committee meetings (hereinafter “Public Meetings”). To safeguard participatory democracy in Town, all persons attending Town Public Meetings, whether in-person or remotely, are expected to adhere to the following standards of conduct at Public Meetings:

1. Treat everyone courteously;

2. Listen to Town Officials and other members of the public respectfully;

3. Exercise self-control and avoid loud, insulting, demeaning, offensive, and threatening communications;

4. Listen to all speakers with an open mind and without interrupting the speakers;

5. Focus on the issues and avoid personalizing debates.

B. Rules of Decorum

1. No person attending a Public Meeting, whether in-person or remotely, shall engage in disorderly or boisterous conduct—including but not limited to applause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal, or impertinent, utterance—that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.

2. All remarks by members of the public shall be addressed to the Mayor or the Chair (hereinafter “Presiding Officer”) and not to any other member of the public or to any single member of the legislative body, unless in response to a question from that member.

3. Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting.

4. All persons attending a Public Meeting in-person shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.

5. All persons attending a Public Meeting shall obey any lawful order of the Presiding Officer to enforce the Rules of Decorum.

6. It is the responsibility of the Presiding Officer to keep comments on topic during Public Meetings. All persons making comments should comply with the Presiding Officer’s direction to stay on topic.

C. Enforcement of Rules of Decorum

1. The Presiding Officer shall be responsible for maintaining the decorum at the Public Meeting and reasonably and uniformly enforcing the Rules of Decorum.

2. Enforcement may be required in relation to in-person or remote attendee behavior. 156
Item 2.4- Attachment 1
Item 2.4- Attachment 1

3. If any person, whether in person or remotely, breaches the Rules of Decorum in a manner that disturbs, disrupts, impedes or renders infeasible the orderly conduct of the meeting, the Presiding Officer or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal.1

4. If the individual(s) do not promptly cease their disruptive behavior, the Presiding Officer or their designee may then remove the individual from the meeting.

5. The Town Council, all Town Commissions, Boards and Committees and Town staff shall promote the use of and adherence to these guidelines for behavior at all Town public meetings.

1 For purposes of these rules “removal” for remote meeting participants means that the participant will be muted and their video will be turned off.
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