City Council
Report
City Council Meeting: September 26, 2023
Agenda Item: 8.F
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To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution Amending Council Rules of Order and Procedure Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
2. Permanently adopt the public input pilot, previously extended to December 31, 2023, in order to efficiently implement hybrid public input model approved by Council in the 2023-25 biennial budget; and,
3. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure and repealing Resolution No. 11517 (CCS).
Executive Summary
As part of the FY 2023-25 Biennial Budget, Council approved funding for the implementation of a hybrid model for public input at both Council and board and commission meetings, allowing members of the public to provide public comment both in-person and remotely. To more effectively and efficiently implement this model of public input, staff is recommending that Council permanently adopt the public input pilot program it adopted on a limited basis from June 2022 until December 2022 and then extended for the period of one year in January 2023. In addition, staff is recommending the adoption of several additional rules to clarify existing rules and to establish new guidelines.
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Discussion
Public Input Pilot
Historically, members of the public have been able to provide public input for meetings in-person during the meeting or for those unable to attend in-person, submitted in writing by noon on the day of the meeting. The requirement for social distancing during the COVID-19 pandemic saw the need to move public meetings to virtual platforms and tasked staff with finding ways to facilitate remote public input. This shift required the need to adjust staff schedules to manage public input throughout the meeting. In addition, Council directed staff to find a more efficient way to hold public input that resulted in the adoption of the current pilot program which consolidates public input to be heard at the beginning of the meeting with the exception of public hearings where public input continues to be heard when the item is called. Once COVID-19 restrictions began to be lifted, Council returned to in-person meetings and discontinued remote public input. However, the Council continued to permit boards and commissions to meet remotely under SB 361, until it was sunset by Governor Newsom on February 28, 2023, at which point all public meetings, including public input, returned to in-person following the Brown Act. After hearing from the public on the benefits of continuing remote public input, particularly for those with disabilities, caregiver responsibilities for family members, work schedules that make it difficult to attend meetings in person, and in the spirit of the City’s implementation of policies promoting diversity, equity, and inclusion, Council approved the financial resources necessary to re-implement remote public input, including technological upgrades for meeting rooms and increased staffing, with the adoption of the FY 2023-2025 Biennial Budget. As such, staff is recommending that Council permanently adopt the public input pilot in order to minimize the need to make major adjustments to staff schedules and to curtail overtime costs for staff members tasked with facilitating the process.
Amending Council Rules
In conjunction with the City Manager and City Attorney, the City Clerk’s office reviewed the Council Rules and identified areas where rules are ambiguous and require 3 of 4
clarification or where rules have not been established. The proposed amendments to the Council Rules largely clarify existing practices, but for a few rules, additional specificity and ease of implementation is provided. The amendments will help with the preparation and conduct of Council meetings.
The proposed amendments to the Council Rules, attached as Exhibit A, include the following:
1. Changing the start time for regular Council meetings from 5:30 p.m. to 6:00 p.m.
2. Re-ordering agenda items to promote efficiency for the Council and convenience for the public. This will eliminate the need to do agenda management to move Special Agenda Items, particularly for items such as commendations, proclamations, and other matters in which special guests are invited, to the beginning of the meeting.
3. Establishing a rule that stipulates who is allowed to attend Councilmember briefings and agenda preparation meetings.
4. Clarifying when it is appropriate for Councilmembers to read statements into the record.
5. Clarifying when settlement direction given in closed session is reportable in open session.
6. Designating who may direct a closed session item be placed on the agenda.
7. Allowing the City Manager to remove or postpone staff sponsored items from the agenda at any time prior to the start of the applicable Council meeting.
8. Allowing minutes to be approved on the consent calendar.
Environmental Review
This proposed amendments to Council rules is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The amendments represent administrative changes to Council rules and would not result in physical effects. No further environmental review is required.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:
A. Council Rules Reso 080323
B. Written Comments