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CITY OF SEBASTOPOL
CITY COUNCIL
AGENDA ITEM REPORT
Meeting Date: February 7, 2023
To: Honorable Mayor and Honorable City Councilmembers
From: Councilmember Maurer/Mayor Hinton
City Administration
Subject: Amendment to City Council Meeting Protocols (Public Comment For Items Not On the Agenda Item Only
Recommendation: Council is asked to provide Direction to staff on Public Comment for Items Not On the Agenda Location on the Agenda
Funding: Currently Budgeted: ______ Yes _______ No __X__ N/A Net General Fund Cost:
Amount: $_________________
Account Code/Costs authorized in City Approved Budget (if applicable) __AK___ (verified by Administrative Services Department)
PURPOSE/INTRODUCTION:
This item requests that the City Council provide Direction to staff on Public Comment for Items Not On the Agenda Location on the Agenda.
BACKGROUND:
City Council Policy Number 5 - Agenda Preparation and City Protocols - addresses procedures for Agenda Format/ Preparation and City Council Protocols. Contained the policy public comments for items not on the agenda is listed as follows:
PUBLIC COMMENT:
• Speakers are allowed to speak for a maximum of three minutes so that all speakers have an opportunity to address the City Council. Power point or visual presentations for public comment shall not be permitted unless approved by the Agenda Review Committee two weeks prior to the requested meeting date.
• Yielding Time: Speakers may not "yield" a portion of their allotted time to others. • The Mayor has the authority to limit or extend the time allowed for speakers dependent on the number of speakers in attendance.
• The Mayor can pollthe members of the public for an indication of the number of people wishing to speak, then call on individuals to speak.
• It isthe goal of the Councilto conclude the public comments portion of the agenda within 20 minutes. If the public comment period exceedstwenty minutes, the presiding officer, typically the Mayor,reservesthe rightto reduce the time perspeaker or carry over public comments to after all business items are completed.
• The City Clerk will monitor the time for public comments and inform the speakers when the time limitation has been reached.
• The Mayor could survey themembers of the public, as appropriate, to move agenda items up or back to addressthe members of the public items of concern.
• Public participation is encouraged on all public agenda items.
Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: February 7, 2023
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• Council and staff will treat participants and each other with courtesy. Derogatory or sarcastic comments are inappropriate.The public will likewise be encouraged by the Mayor to maintain meeting decorum. • In Council meetings when citizens are agitated, the Mayor may call a short recess to calm the situation. • If a member of the public is unable to attend the Council meeting, written communications may be sent to the City Clerk by e-mail or by regular mail. Communicationsreceived after distribution ofthe agenda packet will bemade available to the Council atthemeeting.
DISCUSSION:
In December 2022, in an effort to streamline meetings, the Mayor authorized the re-ordering of the agenda for Public Comments For Items Not on the Agenda to be placed towards the end of the meeting rather at the beginning. The intent was to hear agenda items first, especially those where consultants were paid to be in attendance for the item; allow applicants for agenda items to have their items heard in a timely manner and then receive public comment for items not on the agenda that are within the purview of the City Council but not pertaining to a specific agenda item (where public comment for that item is provided for during the hearing of that agenda item). Since that time, the City Council has received public comments by email, phone and in person regarding the location of this item on the agenda.
Councilmember Maurer and Mayor Hinton have requested that this item be agenized to discuss this issue and provide direction to staff as to the best location for Public Comment for Items Not on the Agenda.
It should be noted that City staff is in the process of amending current protocols and will be returning the entire protocols to a future City Council meeting once a decision has been made for return to in person or conduct o hybrid City meetings.
Tonight’s item however is to address only the portion of the Council protocols relating to Public Comments for Items Not on the Agenda.
City Council is asked to provide direction to staff. Recommendations for discussion are as follows:
1. Placement of public comments for non-agenda items can be decided per Mayor’s discretion
2. Placement of public comments for non-agenda items at the beginning of the meeting with a 2 minute per speaker limit and 10 minute total time limit, with any public comment still needing to be heard, continued to the end of the meeting.
3. Placement of public comment for non-agenda items: Keep the current 2017 Council Policy protocols of 20 minutes at the beginning of the meeting (timing per speaker within Mayor’s discretion) with any public comment still needed to be heard, continued to the end of the meeting
4. Placement of public comment for non-agenda items at the beginning of the meeting with a 30 minute time limit
5. Placement of public comment for non-agenda items at the beginning of the meeting with no time limit For Information, please see below a list of Sonoma County and other cities public comment for items not on the agenda protocols.
City of Cloverdale At the beginning of the meeting, time for general public comment is typically scheduled for items not already listed on that meeting’s agenda. Three (3) minutes are typically allotted to each speaker. However, Council may at its discretion revise the amount of time allotted. The Presiding Officer determines the time allowed for each speaker.
City of Cotati CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: February 7, 2023
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matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda during this period. Pursuant to City Council Policy 2021-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. Also towards the end of the agenda/Public Comment (Non-Action Items): Public comment on non-action agenda items shall be received during the designated portion of the agenda. Comments shall be limited to no more than three (3) minutes for all non-action agenda items.
City of Healdsburg Towards the beginning of the meeting, time is set aside to receive comments from the public regarding matters of general interest not on the agenda. Public comment on nonagenda items is limited to thirty (30) minutes total for all speakers, with each speaker given no more than three (3) minutes. If there are more than ten (10) audience/public comment speakers, the Mayor may reduce each speaker’s time from three (3) minutes so that all speakers have an equal time to speak. At the Mayor’s discretion, the public comment period may be extended past 30 minutes.
City of Petaluma Towards the beginning of the meeting, public comments are limited up to three minutes per person. Depending on the number of persons wishing to address the Council, time will be allocated in equal shares totaling no more than twenty minutes, subject to the Council’s discretion,
City of Rohnert Park Towards the beginning of the meeting, persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time.
Each speaker will be allotted three minutes.
City of Santa Rosa Public Comments on Non-agenda Matters (First Public Comment Period). Any person desiring to address the Council on matters not listed on the agenda which are within the subject matter jurisdiction of the City may do so under Public Comments on Non-agenda Matters. The first public comment period will begin no earlier than 5:00 p.m. and will be limited to ten speakers selected randomly by the Mayor. Speakers who do not have an opportunity to speak during the first public comment period will be allowed to make public comment under the second public comment period. The Mayor shall have the authority to limit public comments on non-agenda matters to less than three minutes based on the number of speakers wishing to address the Council. Second period right before adjournment of meeting.
City of Sonoma Towards the beginning of the meeting, public comments are limited up to three minutes per person.
Town of Windsor Towards the beginning of the meeting, each Public Comment is normally restricted to three (3) minutes in length.
City of Berkeley Towards the beginning of the meeting. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each.. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: February 7, 2023
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County of Sonoma Towards end of meeting. Available time for comments is determined by the Board Chair based on agenda scheduling demands and total number of speakers.
CITY COUNCIL AND/OR GENERAL PLAN GOALS:
Goal 5: Provide Open and Responsive Municipal Government Leadership
5.3.3. Encourage and increase public awareness of City Policies, decisions, programs and all public processes and meetings, by investigating effective methods of communication and obtaining feedback from the community.
Action CHW 5c: Practice an open-door policy in City programs, and actively engage and encourage participation from all individuals regardless of ethnicity, race, religion, class, disability, sexual orientation, and gender.
ENVIRONMENTAL REVIEW
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a resolution making required findings and authorizing the City Manager to implement teleconferenced public meetings for the City Council and all City subordinate bodies pursuant to Assembly Bill 361 does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. and is exempt pursuant to Section 15269(c) of the CEQA Guidelines, as specific actions necessary to prevent or mitigate an emergency.
PUBLIC COMMENT:
As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of this item.
PUBLIC NOTICE:
This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date.
FISCAL IMPACT:
There is no fiscal impact associated with approval of this item.
RECOMMENDATION:
That the City Council provide Direction to staff on Public Comment for Items Not On the Agenda Location on the Agenda and direct staff to include the preferred option when City staff returns with amendments to the City Council Protocols at a future City Council meeting.
1. Placement of public comments for non-agenda items can be decided per Mayor’s discretion
2. Placement of public comments for non-agenda items at the beginning of the meeting with a 2 minute per speaker limit and 10 minute total time limit, with any public comment still needing to be heard, continued to the end of the meeting.
3. Placement of public comment for non-agenda items: Keep the current 2017 Council Policy protocols of 20 minutes at the beginning of the meeting (timing per speaker within Mayor’s discretion) with any public comment still needed to be heard, continued to the end of the meeting
4. Placement of public comment for non-agenda items at the beginning of the meeting with a 30 minute time limit
5. Placement of public comment for non-agenda items at the beginning of the meeting with no time limit Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: February 7, 2023
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Attachment:
Council Protocols Relating to Public Comment for Items Not on the Agenda (Highlighted in Blue for Ease of Reference) The item tonight is specific only to Location of Public Comment for Items Not on the Agenda Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: February 7, 2023
Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: February 7, 2023
Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
EXHIBIT A
RULES FOR THE CONDUCT OF ITS MEETINGS, PROCEEDINGS AND CITY BUSINESS Adoption of Roberts Rules of Order
The Council adopts Roberts Rules of Order as the general procedures for conducting its meetings unless otherwise specified in these rules ofconduct. Except as provided herein, other rules adopted by the City Council and applicable provisions of State law, the procedures of the City Council will be generally guided by the latest revised edition of Robert's Rules of Order. Pursuant to State law, failure to follow parliamentary rules will not in and of itself invalidate action taken by the Council. In the event of a conflict between this manual and Roberts Rules of Order, the provisions of this manual shall control. When necessary to resolve issues that may arise over process, the Mayor will refer to the City Attorney who will provide legal advice to the City Council. Upon such advice, the Council will vote and follow the decision of the majority.
Duties of Mayor and Vice Mayor
The Mayor is:
• The presiding officer ofthe City and of all meetings of the Council • The official head ofthe City for performance of duties lawfully delegated to the Mayor • Referred to as "chair" or "chairperson" when acting as presiding officer of legislative body meetings other than the Council; (such as the Successor Agency to the former Community Development Agency)
• Considered a member of the Council
• Shall be elected annually from among the members ofthe Council, by a majority vote at the Council'sfirst meeting in December
• The Mayor or presiding officer has authority and discretion to preserve order at all Council meetings. This includes the authority to remove any person that presents a physical threat to any other person in the Council meeting, or for conduct that disrupts the meeting to prevent the orderly prosecution of the City's business. The presiding officer also has the authority and discretion to enforce these rules of the Council and to determine the order of business. 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.
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City Council Meeting Packet for Meeting of: February 7, 2023
• Entitled to make and second motions on matters before the Council and vote on actions, but shall possess no veto power over actions of the Council • May establish reasonable time limits for the presentation of information by the public • Due to subject matter, number of speakers, approximate length of an item, may determine, at the meeting, the re-ordering of agenda items.
The Vice Mayor:
• Shall be elected annually from among the members of the Council, by a majority vote at the Council's first meeting in December
• In the absence of the Mayor from the City or a Council meeting, the Vice Mayor shall possess all powers of the office of the Mayor, and be subject to all prescribed duties for that office
• In the absence of the Mayor and Vice Mayor from the City or a Council meeting, the Council shall appoint a member of the Council to act as Mayor Tern and shall possess all powers of the office of the Mayor
Types of Meetings:
Regular Meetings
Time and date.
The City Council of the City of Sebastopol shall hold regular meetings on the first and third Tuesday of each and every month, commencing at 6:00 p.m. on the first Tuesday of the month and at 6:00 p.m. on the third Tuesday of the month. In the event the regular meeting of the Council falls upon a day designated by law as a legal holiday, such meeting shall be held the same hour on the next succeeding day not a holiday, or on such other date as the Council may designate or shall be scheduled for cancellation upon approval of a majority of the City Council.
Meeting place.
Meetings must be held within the jurisdictional boundaries of the City with the following exceptions: Comply with court order, inspect real property, participate in multi-jurisdictional meetings, meet to confer with State/Federal officials, meet with legal counsel to discuss pending litigation, or participate as member of Joint Powers Agency.
All regular meetings of the City Council shall be held in the Sebastopol Youth Annex/Teen Center, 425 Morris St., Sebastopol, Sonoma County, California, or other such place as shall be designated in the notice of such meeting. In the event the meeting is in such place other than the Youth Annex, notice shall be given as required by law.
Whenever possible, special workshops shall take place at Sebastopol City Hall.
If by reason of natural disaster or other emergency it shall be unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as is designated by
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City Council Meeting Packet for Meeting of: February 7, 2023
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At the conclusion of council discussion, and appropriate motion having been made and seconded, the Council shall vote on the matter.
ATTENDANCE BY THE PUBLIC:
Except as specifically provided by law for closed sessions, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting, and may address the Council on any item of interest.
To ensure full access for any member of the public wishing to speak, and to maintain a timely and efficient meeting, public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person (unless otherwise directed by Mayor)
In response to public comment on non-agendized items, the Council members may individually:
a) briefly respond to statements made or questions posed by members of the public; b) ask questions for clarification;
c) provide a reference to staff or other resources for factual information or response; d) request staff to report to the council at a subsequent meeting; e) request staff to place a matter of business on a future agenda as needed.
Disability Accommodation: If a person requires a disability accommodation that extends the normal speaking time, the Presiding Officer will state that the speakers' time is being modified for a requested accommodation, and shall extend the time as is reasonable for the speaker to convey the information.
Time Allocation if Many Commenters: The Mayor shall be authorized to establish a different time limit for public comments in order to allow equal access for all those wishing to address the City Council.
Yielding Time: Speakers may not "yield" a portion of their allotted time to others.
Speakers Location: Speakers shall address the Council from the podium provided for that purpose during their comment. Any written materials or items to be submitted or shown to the Council shall be given to the City Clerk, who will distribute them to Council.
Repetitious or Dilatory Comments Discouraged. In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged, but not required.
Whenever any group of persons wishes to address the Council on the same subject matter, those persons are encouraged to designate a spokesperson to address the City Council. With the consent of the City Council, the Presiding Officer may extend the time allocation for a designated spokesperson.
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023
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City Council Meeting Packet for Meeting of: February 7, 2023