Resolution Number 6535-2023
A Resolution of the City of Sebastopol Rescinding and Repealing all Resolutions in Conflict and Adopting and Establishing Rules for the Conduct of Its Meetings, Proceedings and City Business WHEREAS, the purpose for establishing City Council Policy for the Conduct of its Meetings, Proceedings and Business is to provide an effective environment for the City Council to provide leadership; WHEREAS, the City Administration collaborated to ensure that policies and procedures are periodically evaluated; and
WHEREAS, these rules provide clear direction to the Mayor, City Council,staff and the public in the procedures of the City's legislative body.
NOW THEREFORE BE IT RESOLVED THAT THE City Council of the City of Sebastopol approves and adopts the attached Rules for Conduct of its Meetings, Proceedings and Business attached as Exhibit A and are a part of this resolution and adopted; and
BE IT FURTHER RESOLVED that all policies, procedures and resolution in conflict with this Resolution are hereby rescinded.
PASSED AND ADOPTED, by the CITY COUNCIL of THE CITY OF SEBASTOPOL, COUNTY OF SONOMA, of STATE OF CALIFORNIA on this 16th day of May, 2023.
I, the undersigned, hereby certify that the foregoing Resolution was duly adopted by the City of Sebastopol City Council by the following vote:
VOTE:
Ayes: Councilmembers Maurer, McLewis, Zollman, Vice Mayor Rich and Mayor Hinton Noes: None
Absent: None
Abstain: None
ATTEST: ______________________________
Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM:
Larry McLaughlin, City Attorney
City Council Policy Number 5
Amended and Approved: May 16,2023
Atachment to Resolu�on Number 6535-2023
All previous versions of this policy and resolu�on have been rescinded.
City Council Policy for Agenda Prepara�on
Agenda Review Commitee
Standing Commitee
PURPOSE: To establish guidelines for City Council Agenda Prepara�on and Placement of Items on an Agenda
POLICY: It shall be a policy of the City of Sebastopol to follow a prescribed procedure regarding the prepara�on and placement of items on a City Council Agenda.
PROCEDURE:
The Agenda Review Commitee is comprised of the Mayor, the Vice Mayor, the City Manager, the City Atorney, the Assistant City Manager and the City Clerk. It shall be the responsibility of the Agenda Review Commitee to prepare City Council agendas.
Agendas shall be formated as shown on the atached exhibit; however, the Agenda Review Commitee has the authority to change the order of an agenda dependent upon projected length of an agenda item.
At the City Council mee�ng, the Mayor may reorder items on the agenda to accommodate the public or to address other concerns.
The Agenda Review Commitee shall be considered a standing commitee and shall be subject to the requirements of the Brown Act. All mee�ngs of the Agenda Review Commitee shall be open and public, and all persons shall be permited to atend any mee�ng of the Agenda Review Commitee.
Upon comple�on ofthe preliminary agenda, the City Clerk shall forward DRAFT forward agenda/calendars to the City Council and Department Heads for informa�on within 48 hours of comple�on of the preliminary agenda.
The order of specific public hearing and business items is determined by the Agenda Review Commitee based upon an�cipated public interest, par�cipa�on of paid consultants, implementa�on urgency/�me sensi�vity, and other related considera�ons.
In preparing the agenda, the Agenda Review Commitee shall review requested agenda items for possible Council mee�ng date. The deadline for finalizing the agenda shall be no later than Thursday (12 calendar days prior to the City Council Mee�ng date) unless an item determined necessary for that agenda is requested to be placed on the Agenda.
If an item is proposed to be placed on the agenda a�er finaliza�on of an agenda, the request shall be submited to the City Manager who may consult with the Mayor.
All dra� staff reports with atachments are due to the City Clerk by 11:00 am on Tuesday, two weeks in advance of the scheduled mee�ng. Staff reports shall be in a standard format approved by the City Manager.
All final staff reports with atachments, scanned copy and one original for City Council packets are due to the City Clerk by 11:00 am on Tuesday, one week in advance in advance of the scheduled mee�ng.
Any Councilmember who requests an item to be placed on the Agenda mustsubmit their request in wri�ng (hard copy or email) to the City Clerk no later than fourteen (14) calendar days prior to the mee�ng date in order for agendas to be finalized. If an item is requested a�er the deadline, the reques�ng Councilmember or staff member shall submit the item, as well as jus�fica�on for the request for an item to be placed onto the agenda a�er the deadline. If an item is proposed to be placed on the agenda a�er finaliza�on of an agenda, the request shall be submited to the City Manager who may consult with the Mayor. At a minimum, the report must: (1) set forth a subject mater thatreasonably describes the issue to be presented for considera�on by the City Council; and (2) the request shall contain atachments and/or informa�on specific to the topic of the requested item. Councilmembers may request limited assistance from staff with obtaining copies of exis�ng materials and/or data related to their agenda item request, provided said assistance does not require any new work or independent analysis to be performed. The City Clerk shall no�fy the Agenda Review Commitee upon receipt of the request.
The Agenda Review Commitee will evaluate the request and determine if it is:
• A minor work task that is consistent with prior Council direc�on or policy that can be accomplished with minimal resources and does not need further evalua�on; or • A more substan�al work task that could affect established priori�es and needs further evalua�on and shall be reviewed for placement on the Council agenda for discussion. • If the proposal appears to be a substan�al work task, the Councilmember may request that the item be placed on the Council agenda for discussion or have the Agenda Review Commitee refer the proposal to relevant City staff for brief evalua�on of the work effort that would be necessary, any budget necessary, other resources that may be available to accomplish the project, the effect on exis�ng priority projects, how the proposal might relate to exis�ng projects, alterna�ve means of addressing the proposal, and any other issues the City Manager and Council members should consider.
The Agenda Review Commitee sets the item for placement on the agenda and informs the sponsoring Council or staff member.
Once the agenda item isscheduled to be discussed by the full Council, a brief staff evalua�on is provided and the Council majority determines if the proposal should be returned with a full work task, iden�fica�on of its rela�ve priority, and request for alloca�on of budget or other resources necessary to address the proposal.
The addi�on of last-minute agenda items is discouraged, unless of an urgent nature, which will be determined by the City Manager who may consult with the Mayor.
Responsible Department origina�ng the staff report shall review staff report for correct forma�ng, grammar, spelling, appearance, and format, ensuring that all suppor�ng materials or documents are atached and complete.
The City Manager reviews all reports for content, clarity, and recommended ac�on(s), making changes as the City Manager deems appropriate and/or making requests for addi�onal informa�on that the City Manager believes are necessary to present the Council with a complete report.
The Agenda Review Commitee may exercise their sole discre�on and judgment in deciding the �ming/Council mee�ng date of all agenda items, with the excep�on of agenda items that are specifically requested by a majority of the City Council or ac�ons that are required by law.
Any member of the public may request an agenda item be placed on the agenda. Such request shall be in wri�ng to any member of the City Council. If a Councilmember wishes to sponsorsuch request,the City Councilmember shallsend a requestfor an agenda item to the City Clerk for forwarding to the Agenda Review Commitee for review.
The City Council agenda packet, including all reports, communica�ons, ordinances, resolu�ons, contracts, documents, or other maters to be considered by the City Council at the regular mee�ng, will be available no later than the Thursday preceding the Tuesday Council mee�ng to which the agenda packet pertains to meet pos�ng requirements. The agenda packet will be made available for public inspec�on upon its distribu�on to the City Council. Any wri�ngs or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda a�er the agenda has been distributed will also be made available for public inspec�on at City Hall during normal business hours.
All agendas as of the date of approval of this document shall be formated as shown in atachment, unless otherwise directed by the Agenda Review Commitee or City Manager or City Manager designee.
As determined appropriate by the City Manager, or as requested by the City Council, the City Manager may provide the Council with periodic updates on ongoing projects.
REQUEST FOR PLACEMENT OF PROCLAMATIONS/PRESENTATIONS:
Proclama�ons are issued and/or scheduled for presenta�on at a City Council mee�ng at the discre�on of the Mayor. Recogni�ons and proclama�ons shall be scheduled as necessary in recogni�on of persons or groups for the promo�on of an event, service, and/or employee re�rement. Requests must be submited to the City Clerk in wri�ng in advance of the agenda deadline as noted above. The City Manager shall inform the Mayor and shall request approval from the Mayor as to the appropriateness and scheduling of such recogni�on or proclama�on. Upon approval by the Mayor, the City Clerk will then coordinate the presenta�on with the reques�ng party in order to schedule the item on any given agenda.The reques�ng party determines whether or not he/she will be present for acceptance of such presenta�on.
The request should be made at least four weeks in advance of a regularly scheduled Council mee�ng.
If approved for placement on an agenda, a representa�ve shall be designated with contact informa�on provided to the City Clerk as to who will be present at the City Council Mee�ng to accept the proclama�on.
The Agenda Review Commitee retains the right to modify, edit, or otherwise amend the proposed proclama�on to meet its requirements, needs, or policy determina�ons.
The Agenda Review Commitee retains the right to decide if the proclama�on will be issued or not.
The Mayor shall be authorized to determine if the proposed proclama�on meets the intent of this policy.
When there is uncertainty in making this determina�on, the Mayor will consult with the City Manager for guidance.
Once approved, the proclama�on will be added to the appropriate Council agenda.
If not approved, the applicant will be no�fied of the decision.
If approved, the person(s) making the request must submit a copy of the proposed proclama�on to the City Clerk no later than 14 days prior to the proposed City Council mee�ng date.
This document will be updated on an ongoing basis and modified asthe City Council deems appropriate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastopol that it hereby amends City Council Policy #5 on this 16th day of May, 2023
PASSED AND ADOPTED, by the CITY COUNCIL of THE CITY OF SEBASTOPOL, COUNTY OF SONOMA, of STATE OF CALIFORNIA on this 16th day of May, 2023.
VOTE:
Ayes: Councilmembers Maurer, McLewis, Zollman, Vice Mayor Rich and Mayor Hinton Noes: None
Absent: None
Abstain: None
ATTEST: ______________________________
Mary Gourley, Assistant City Manager/City Clerk, MMC
APPROVED AS TO FORM:
Larry McLaughlin, City Attorney
SAMPLE FORMAT OF AGENDA
CALL TO ORDER
The Mayor, or in the Mayor's absence, the Vice Mayor, presides over all mee�ngs of the City Council, and a�er determining a quorum is present, calls the mee�ng to order. In the absence of the Mayor and Vice Mayor, a Councilmember is selected from among the body to act as Chair. Following the call to order, those in atendance are asked to join the Council in reci�ng the Pledge of Allegiance.
ROLL CALL
The Mayor, or in the Mayor's absence, the Vice Mayor requests the City Clerk to conduct the roll call.
The Mayor, or in the Mayor's absence, the Vice Mayor requests the City Clerk to announce the absences (excused or unexcused) of individual Councilmembers.
SALUTE TO THE FLAG
Following the call to order, those in atendance are asked to join the Council in reci�ng the Pledge of Allegiance.
ORDER OF AGENDA:
At the City Council mee�ng, the Mayor may reorder items on the agenda to accommodate the public or to address other concerns.
PROCLAMATIONS/PRESENTATIONS:
When appropriate, the Council recognizes years ofservice, volunteers, or presents special awards. In response to City Council, staff or approved ci�zen requests, the Mayor may issue proclama�ons in declara�on or recogni�on of a special event, organiza�on or person. At this �me, either the Mayor or Mayors requests a City Councilmember(s) reads the Proclama�on into the record.
PUBLIC COMMENT:
PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA (FIRST COMMENT PERIOD):
Up to Twenty (20) Minute Time Limit (Two Minutes for up to ten speakers). Addi�onal public comment will be held at the end of the discussion and ac�on items for up to an addi�onal twenty (20) minutes. Mayor has discre�on to allow for addi�onal �me beyond the 20 minutes allocated for public comment dependent upon the subject mater or number of speakers.
Process for calling on Speakers: Mayor or designee shall ask for public comment as follows: Speakers to be called on in an alternate manner (One speaker in person to be called on first; then one speaker remote to be called on second with addi�onal speakers to be called on in the same manner) based upon the �me limit.
ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA (SECOND COMMENT PERIOD):
At the end of the mee�ng a�er the Regular Calendar Agenda Item Discussion and/or Ac�on Sec�on of the Agenda, Three minutes per speaker for up to twenty (20) minutes total for public comments but can be reduced at Mayor’s discre�on depending upon the number of speakers or Mayor has discre�on to allow for addi�onal �me beyond the 20 minutes allocated for public comment dependent upon the subject mater or number of speakers.
A total of 40 Minutes will be allocated for Public Comments for Items Not on the Agenda (This includes 20 minutes at the beginning of the mee�ng and 20 minutes at the end of the mee�ng). Mayor has discre�on to allow for addi�onal �me beyond the 20 minutes allocated for each public comment period dependent upon the subject mater or number of speakers.
Power point or visual presenta�ons for public comment shall not be permited unless approved by the Agenda Review Commitee two weeks prior to the requested mee�ng date.
Yielding Time: Speakers may not "yield" a por�on of their alloted �me to others.
The Mayor has the authority to limit or extend the �me allowed for speakers dependent on the number of speakers in atendance.
The Mayor can poll the members of the public for an indica�on of the number of people. wishing to speak, then call on individuals to speak.
The City Clerk will monitor the �me for public comments and inform the speakers when the �me limita�on has been reached.
The Mayor could survey the members of the public, as appropriate, to move agenda items up or back to address the members of the public items of concern.
Public par�cipa�on is encouraged on all public agenda items.
Council and staff will treat par�cipants and each other with courtesy. Derogatory or sarcas�c comments are inappropriate.
The public will likewise be encouraged by the Mayor to maintain mee�ng decorum.
In Council mee�ngs when ci�zens are agitated, the Mayor may call a short recess to calm the situa�on.
If a member of the public is unable to atend the Council mee�ng, writen communica�ons for public comment for items not on the agenda may be sent to the City Clerk by e-mail or by regular mail.
Communica�ons received a�er distribu�on of the agenda packet will be made available to the Council at the mee�ng.
For specific agenda items, writen comments may be emailed to the responsible department as listed on the agenda item or to the following email addresses where all emails will be distributed to the City Council and or appropriate staff:
[email protected]
[email protected]
In response to public comment on non-agendized items, the Councilmembers may individually:
• briefly respond to statements made or ques�ons posed by members of the public; • ask ques�ons for clarifica�on;
• provide a reference to staff or other resources for factual informa�on or response; • request staff to report to the council at a subsequent mee�ng; • request staff to place a mater of business on a future agenda as needed.
STATEMENTS OF CONFLICTS OF INTEREST BYMAYOR/CITY COUNCILMEMBERS FOR ITEMS ONTHEAGENDA This is the �me for the Mayor or City Councilmembers to indicate a conflict of interest for the agenda item(s).
CONSENT CALENDAR:
The consent agenda consists of items that are rou�ne in nature and do not require addi�onal discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one mo�on without discussion unless a member of the City Council requests that the item be taken off the consent calendar.
The Mayor will read the consent calendar items; ask if a Councilmember wishes to remove one or more items from the consent calendar; and then open public comment to the members of the public in atendance. At this �me, a member of the public may speak for up to three minutes on the en�re consent calendar and request at that �me than at item or items removed for discussion.
If an item or items are removed from the consent calendar, the item shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor.
Council Members may comment on Consent Calendar items or ask for minor clarifica�ons without the need for pulling the item for separate considera�on. Items requiring delibera�on should be pulled for separate considera�on and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor.
INFORMATIONAL ITEMS/PRESENTATION:
Informa�onal Items or Presenta�ons are items that are informa�onal only and do not require ac�on by the City Council. Presenta�ons shall be scheduled as necessary for the promo�on of an event or service or general informa�on items to the Council.
Process for Public Hearings/Discussion and Ac�on Agenda Items:
• Mayors opens the item
• Council receives Staff Report from the Responsible Department, Councilmember or Requestor of the Item
• Mayor asks Council forQues�ons of Staff or Councilmember or Requestor of Agenda Item • Mayor Opens for Public Comment/or Public Hearing
• Mayor Closes Public Comment/or Public Hearing but reserves the right to re-open the public hearing
• Item returns to the Council for discussion/delibera�on and/or ac�on.
PUBLIC HEARING(s):
Public hearings are generally held following adop�on of the consent agenda and public comment period and a�er informa�onal items unless so re-ordered by the Mayor at the mee�ng. The Mayor will open the Public Hearing and ask if there are individuals who are in atendance at this mee�ng who are wishing to address the City Council and if so to speak from the Podium or to speak when called upon u�lizing the City’s virtual format (currently Zoom). Speakers are encouraged to state their name and address for the record. Comments are limited to the specific mater for which the public hearing is being held and are limited to 3 minutes, unless a shorter or longer period is determined by the Mayor. Writen comments are encouraged to be submited to the responsible City Department prior to the mee�ng for forwarding to the City Council. If writen documents are submited at the City Council mee�ng, they shall be submited to the City Clerk for inclusion in the official City record/file. Members of the public may read their writen documents into the record during the three minutes and are encouraged to provide a copy to the City Clerk. Unless read by a member of the public during the public hearing period, writen documents received at the mee�ng will not be read aloud into the record. At the
end of the last speaker, the Mayor will ask if there are any addi�onal ci�zens who wish to speak at the public hearing. A�er the public hearing is closed, no member of the public shall be permited to address the Council or staff on that specific issue.
REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION):
Regular Calendar Agenda Items are items that are for Council discussion and/ or ac�on. Similar to a public hearing, the Mayor will open the item for public comment and ask if individuals who are in atendance at this mee�ng who are wishing to address the City Council and if so to speak from the Podium or to speak when called upon u�lizing the City’s virtual format (currently Zoom). Speakers are encouraged to state their name and address for the record. Comments are limited to the specific mater for which the agenda item is being discussed and are limited to 3 minutes, unless a shorter or longer period is permited by the Mayor. Writen comments are encouraged to be submited to the responsible City Department prior to the mee�ng for forwarding to the City Council. If writen documents are submited at the City Council mee�ng, they shall be submited to the City Clerk for inclusion in the official City record/file. Members of the public may read their writen documents into the record during the public comment por�on of the item. Speakers are encouraged to provide their writen statements to the City Clerk. Unless read by a member of the public during the public comment period for the item, writen documents received at the mee�ng will not be read aloud into the record.
At the end of the last speaker, the Mayor will ask if there are any addi�onal ci�zens who wish to speak at the agenda item. A�er public comment is closed, then no member of the public shall be permited to address the Council or staff on that specific issue.
Reports:
City Manager/Atorney/Assistant City Manager/City Clerk Reports. This is the �me for City Management to provide updates on various maters to the Council and public. (This will be either verbal or writen reports provided at or prior to the mee�ng)
City Council Reports/Commitee/Sub-Commitee Mee�ng Reports: (Reports by Mayor/City Councilmembers Regarding Various Agency Mee�ngs/Commitee Mee�ngs/Sub-Commitee Mee�ng /Conferences Atended and Possible Direc�on to its Representa�ves (If Needed) on Pending issues before such Boards) (This will be either verbal or writen reports provided at the mee�ng) Council Communica�ons Received (Informa�on/Mee�ngs/Correspondence Received from the General Public to Councilmembers)
CLOSED SESSION:
As needed, the City Council may adjourn to a Closed Session privately to discuss and consider maters of confiden�al concern to the City. Before convening into Closed Session, the Mayor shall publicly announce the purpose for the Closed Session, by Title of Item Only, the es�mated �me when the Closed Session will conclude, and whether the Council will reconvene to take ac�on. (Prior to adjournment into Closed Session, the public may speak up to 3 minutes on items to be addressed in Closed Session).
A Closed Session may be extended to a later �me by announcement of the Mayor. Nothing in this sec�on shall require or authorize a disclosure of informa�on prohibited by State or Federal law. The Brown Act requires all Council ac�on to be discussed and taken in open session, except for specified and limited excep�ons such as personnel maters, real property nego�a�ons, and pending or threatened li�ga�on. Closed Sessions are typically held at the end of the regular Council mee�ng and, if needed, can be con�nued to the next regular mee�ng. It shall be at the discre�on of the City Manager and/or City Atorney to schedule a closed session at the beginning or end of a regular City Council mee�ng.
ADJOURNMENT OF REGULAR MEETING
The Mayor adjourns the mee�ng and the City Clerk notes the �me of adjournment for the record. All mee�ngs will conclude no later than 10:30 p.m., unless this provision is waived by a unanimous vote of the Council. Considera�on of the agenda mater then on the floor will be con�nued beyond 10:30 p.m. by unanimous vote of the Council. In the event the remaining agenda cannot be concluded at any mee�ng by 10:30 p.m., the mee�ng will be recessed to the next regularly scheduled Council mee�ng or upon majority approval, to a definite �me and place, and no�ce of such con�nued mee�ng will be given as provided by statute. No new agenda business shall be considered a�er 10:30 pm without agreement from unanimous vote the majority of the Council.
If there is unanimous vote to con�nue the mee�ng beyond 10:30 pm, said mee�ng will be extended up to one addi�onal hour or 11:30 pm and will not con�nue beyond that �me. If an agenda item has not concluded or if agenda items remain and have not been heard prior to the 11:30 p.m. adjournment, the Council by majority vote shall:
1. Recess the mee�ng to the next regularly scheduled Council mee�ng and defer agenda items to that mee�ng; deferred items will appear first on the regular agenda of the next mee�ng; or
2. Schedule a Special City Council Mee�ng to a definite �me and place, and no�ce of such con�nued mee�ng will be given as provided by statute.
If there is no unanimous vote of the Council, the mee�ng will end at 10:30 pm as noted above.
EXHIBIT A
RULES FOR THE CONDUCT OF ITS MEETINGS, PROCEEDINGS AND CITY BUSINESS Adoption of Roberts Rules ofOrder.
The Council adopts Roberts Rules of Order asthe general procedures for conduc�ng its mee�ngs unless otherwise specified in these rules of conduct. 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 edi�on of Robert's Rules of Order. Pursuant to State law, failure to follow parliamentary rules will not in and of itself invalidate ac�on 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 Atorney 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 of the City and of all mee�ngs of the Council • The official head of the City for performance of du�es lawfully delegated to the Mayor • Referred to as "chair" or "chairperson" when ac�ng as presiding officer of legisla�ve body mee�ngs 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 of the Council, by a majority vote at the Council's first mee�ng in December
• The Mayor or presiding officer has authority and discre�on to preserve order at all Council mee�ngs. This includes the authority to remove any person that presents a physical threat to any other person in the Council mee�ng, or for conduct that disrupts the mee�ng to prevent the orderly prosecu�on of the City's business. The presiding officer also has the authority and discre�on 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 legi�mate form of mo�ons, the abuse of privilege of renewing certain mo�ons, or the obstruc�on of the business of the City Council. The presiding officer may preserve orderly business by ruling such mo�ons out of order. In so ruling, the presiding officer shall be courteous and fair and shall presume that the moving party is making the mo�on in good faith.
• En�tled to make and second mo�ons on maters before the Council and vote on ac�ons, but shall possess no veto power over ac�ons of the Council
• May establish reasonable �me limits for the presenta�on of informa�on to the public • Due to subject mater, number of speakers, approximate length of an item, may determine, at the mee�ng, 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 mee�ng in December
• In the absence of the Mayor from the City or a Council mee�ng, the Vice Mayor shall possess all powers of the office of the Mayor, and be subject to all prescribed du�es for that office • In the absence of the Mayor and Vice Mayor from the City or a Council mee�ng, the Councilshall appoint a member of the Council to act as Mayor Tern and shall possess all powers of the office of
the Mayor
Types ofMee�ngs:
Regular Mee�ngs
Time and date.
The City Council of the City of Sebastopol shall hold regular mee�ngs 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 mee�ng of the Council falls upon a day designated by law as a legal holiday,such mee�ng 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 cancella�on upon approval of a majority of the City Council.
Meeting place.
Mee�ngs must be held within the jurisdic�onal boundaries of the City with the following excep�ons:
Comply with court order, inspect real property, par�cipate in mul�-jurisdic�onal mee�ngs, meetto confer with State/Federal officials, meet with legal counsel to discuss pending li�ga�on, or par�cipate as member of Joint Powers Agency.
All regular mee�ngs 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 no�ce of such mee�ng. In the event the mee�ng is in such place other than the Youth Annex, no�ce shall be given as required by law.
Whenever possible, special workshops shall take place at a loca�on to be approved by the Agenda Review Commitee.
If by reason of natural disaster or other emergency it shall be unsafe to meet in approved loca�on as determined by the Agenda Review Commitee, the mee�ngs may be held for the dura�on of the emergency at such other place as is designated by the Mayor or by three (3) members of the City Council.
City staff shall provide recommenda�ons for loca�ons for mee�ngs to the City Council for final approval.
Pos�ng of Regular Mee�ng
The city clerk shall post the agenda of each regular mee�ng of the legisla�ve body at least 72 hours in advance of the mee�ng in a loca�on that is freely accessible to members of the public as required by the Brown Act. The City Clerk shall maintain an affidavit indica�ng the loca�on, date, and �me of pos�ng each agenda.
Special Mee�ngs
A special mee�ng of the Council may be called by the Mayor or a majority of the members of the Council.
A special mee�ng may be called by providing no�ce (by personal delivery or by writen no�ce) 24 hours in advance of the mee�ng to the Mayor, to all Councilmembers, and to all media outlets and persons having requested in wri�ng no�fica�on of such mee�ngs pursuant to State law. The call and no�ce shall specify the �me and place of the special mee�ng and the business to be transacted. No other business shall be considered at such mee�ngs.No ordinances, other than urgency ordinances, may be adopted, nor may resolu�ons or orders for payment of money be made.
The call and no�ce shallspecify the �me and place of the special mee�ng and the business to be transacted. No other business shall be considered at the mee�ng. Writen no�ce may be dispensed with as to any member who, at or prior to the �me and mee�ng convenes, filed with the City Clerk a writen waiver of no�ce. The waiver may be given by fax, email or mail. Writen no�ce shall be dispensed with as to any member who is actually present at the mee�ng at the �me it convenes.
Study/Work Session:
The Council may meet in a study/work session atsuch �mes or atsuch places as may be determined by the Council for the purpose of hearing reports from the staff and reviewing, discussing and deba�ng maters of interest to the City. These sessions will be no�ced as provided by law and open to the public and the press.No official ac�on may be taken at a study session. However, Council may refer the item to staff with specific requests for informa�on or provide specific direc�on to staff. During study/work sessions, Councilmembers may ask ques�ons of staff. For those ques�ons that staff cannot immediately answer, responses will be provided for the Council in wri�ng or at a future Council mee�ng.
Closed Session Mee�ngs:
As needed, the City Council may adjourn to a Closed Session privately to discuss and consider maters of confiden�al concern to the City. Before convening into Closed Session, the Mayor shall publicly announce the purpose for the Closed Session, by Title of Item Only, the es�mated �me when the Closed Session will conclude, and whether the Council will reconvene to take ac�on. (Prior to adjournment into Closed Session, the public may speak up to 3 minutes on items to be addressed in Closed Session).
A Closed Session may be extended to a later �me by announcement of the Mayor. Nothing in this sec�on shall require or authorize a disclosure of informa�on prohibited by State or Federal law. The Brown Act requires all Council ac�on to be discussed and taken in open session, except for specified and limited excep�ons such as personnel maters, real property nego�a�ons, and pending or threatened li�ga�on. Closed Sessions are typically held at the end of the regular Council mee�ng and, if needed, can be con�nued to the next regular mee�ng. It shall be at the discre�on of the City Manager and/or City Atorney to schedule a closed session at the beginning or end of a regular City Council mee�ng.
The purpose for which a closed session may be held, but are not limited to:
• Discussion with legal counsel on pending or poten�al li�ga�on • Property acquisi�on/disposi�on where public discussion may increase or decrease the price and influence the terms of the sale
• Maters affec�ng na�onal security
• Quasi-judicial maters
• Complaints or charges brought against a public officer or employee • Qualifica�on/performance review of the City Manager, City Atorney or City Clerk • Evaluate qualifica�ons of candidates for appointment to elec�ve office • Planning or adop�ng a posi�on to be taken during collec�ve bargaining, professional nego�a�ons, or grievance or media�on proceedings, or reviewing proposals made in ongoing nego�a�ons. • Receive confiden�al advice from the City Atorney under the atorney-client privilege Conclusion of Mee�ngs:
City Council mee�ngs will conclude no later than 10:30 p.m., unless this provision is waived by unanimous vote of the Council. Considera�on of the agenda mater then on the floor will be con�nued beyond 10:30 p.m. by unanimous vote of the Council. In the event the remaining agenda cannot be concluded at any mee�ng by 10:30 p.m., the mee�ng will be recessed to the next regularly scheduled Council mee�ng or upon majority approval, to a definite �me and place, and no�ce of such con�nued mee�ng will be given as provided by statute. No new agenda business shall be considered a�er 10:30 pm without agreement from unanimous vote of the Council.
Televised/Tapings:
Council mee�ngs will be broadcast live on Livestream and/or virtual format (currently zoom) which can be accessed through the City's web site. Council mee�ngs will also be stored to Live Stream and the City Web site for one year in compliance with the City's Records Reten�on Policy.
The Administra�ve Service Department in consulta�on with the City Clerk's office records all regular Council mee�ngs except for those por�ons of the mee�ng conducted in Closed Session. Recordings are available and archived for one year.
Any person atending an open and public mee�ng of the Council shall have the right to record the proceedings with an audio or video tape recorder or a s�ll or mo�on picture camera in the absence of a reasonable finding by the Council that the recording cannot con�nue without noise, illumina�on, or obstruc�on of view that cons�tutes, or would cons�tute, a persistent disrup�on of the proceedings.
Adjourned Mee�ngs
As permited by law, the Council may adjourn any regular or adjourned regular mee�ng to a �me, place, and date specified in the order of adjournment but not beyond the next regular mee�ng. If no �me is stated in the order of adjournment, it shall be the same �me as for a regular mee�ng.
Emergency Mee�ngs
In the case of an emergency situa�on involving maters upon which prompt ac�on is necessary due to the disrup�on or threatened disrup�on of public facili�es such as:
• Work stoppage or other ac�vity which severely impairs public health, safety, or both, as determined by a majority of the Council;
• or a crippling disaster which impairs public health, safety, or both, as determined by a majority of the Council;
the legisla�ve body may hold an emergency mee�ng without complying with either the 72-hour or 24- hour no�ce and pos�ng requirements for regular and special mee�ngs, butshall otherwise comply with the Brown Act procedures generally stated below.
Each local newspaper of general circula�on and radio or television sta�on that has requested no�ce of special mee�ngs pursuant to the Brown Act, shall be no�fied by the presiding officer of the legisla�ve body, or designee thereof, at least one hour prior to the emergency mee�ng, or in the case of a dire emergency, at or near the �me that the presiding officer or designee no�fies the members of the emergency mee�ng. This no�ce shall be given by telephone call to the numbers provided in the most recent request for no�fica�on. In the event that telephone services are not func�oning, the no�ce requirements of this sec�on shall be deemed waived, and the legisla�ve body, or designee of the legisla�ve body,shall no�fy those newspapers, radio sta�ons, or television sta�ons of the emergency mee�ng, the purpose of the mee�ng, and any ac�on taken at the mee�ng as soon a�er the mee�ng as possible.
During an emergency mee�ng, the legisla�ve body may meet in closed session pursuant to the Brown Act if agreed to by a two-thirds vote of the members present, being not less than three votes of the Council.
All special mee�ng requirements in the Brown Act shall be applicable to an emergency mee�ng, with the excep�on of the 24-hour no�ce and pos�ng requirement.
The minutes of an emergency mee�ng; a list of Council persons atending, the presiding officer of the legisla�ve body, or designee of the Council, no�fied or atempted to no�fy; a copy of the roll Page
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and any ac�ons taken at the mee�ng, shall be posted for a minimum of ten days in a public place as soon a�er the mee�ng as possible.
Teleconferenced
Mee�ngs Tradi�onal
Brown Act:
Members of the public wishing to atend mee�ngs and address the Council via teleconference or other electronic device may do so only at duly-no�ced teleconference loca�ons set from �me to �me for Councilmembers' atendance in accordance with the Brown Act or use of AB 2449:
AB 2449 ATTENDANCE BY A MEMBER VIRTUALLY - PROCEDURE
Member prior to the mee�ng must do the following:
No�fy the legisla�ve body at the earliest opportunity possible, including at the start of a regular mee�ng, of their need to par�cipate remotely for “just cause” including a general descrip�on of the circumstances rela�ng to their need to appear remotely at the given mee�ng; Just Cause - is limited to one or more of the following:
a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domes�c partner that requires a member to par�cipate remotely’;
a contagious illness that prevents a member from atending in person; a need related to a physical or mental disability as defined by law; or travel while on official business of the legisla�ve body or another state or local agency; or
Emergency Circumstances – means a physical or family medical emergency that prevents a member from atending in person.
The member requires the legisla�ve body to allow them to par�cipate in the mee�ng remotely due to the “emergency circumstances” and the legisla�ve body takes ac�on to approve the request.
The legisla�ve body requires a general descrip�on (generally not exceeding 20 words) of the circumstances rela�ng to the member’s need to appear remotely at the given mee�ng, this shall not require a member to disclose any medical diagnosis or disability, or any personal medical informa�on that is already exempt under exis�ng law.
Limitations:
May not be used by a member to teleconference for a period of more than three (3) consecu�ve months or 20% of regular mee�ngs (4 mee�ngs for City Council) within a calendar year, or more than two (2) mee�ngs per calendar year if the board meets less than ten (10) �mes per calendar year.
Members par�cipa�ng remotely must do so through both audio and visual technology and must publicly disclose whether any individual over the age of 18 is present at the remote loca�on with the member and the general nature of the member’s rela�onship with the individual.
Required Procedures for Remote Par�cipa�on under AB 2449 No�ce and General Descrip�on. A member shall make a writen request to par�cipate remotely at a mee�ng as soon as possible. The request must state whether the member is claiming “just cause” or “emergency circumstances” and shall include a general descrip�on explaining their need to meet remotely. Members must make a separate request for each mee�ng in which they seek to par�cipate remotely.
Ac�on on the Request for Remote Par�cipa�on due to “Emergency Circumstances”. The legisla�ve body must take ac�on on a request to par�cipate remotely due to “emergency circumstances” at the earliest opportunity. If the request does not allow sufficient �me to place proposed ac�on on such a request on the
posted agenda for the mee�ng for which the request is made, the legisla�ve body may take ac�on at the beginning of the mee�ng in accordance with the requirements of the Brown Act for taking ac�on on items of business not appearing on the posted agenda.
Limita�ons on Frequency. A member cannot par�cipate solely by teleconference based on emergency circumstances for more than three (3) consecu�ve months or more than twenty (20) percent of the agency’s regular mee�ngs, or more than two mee�ngs per year if the agency meets fewer than 10 �mes per year. A member par�cipa�ng remotely under the “just cause” provision is limited to two (2) remote mee�ngs per calendar year.
Required Disclosures for Remote Par�cipa�on. A member par�cipa�ng telephonically shall publicly disclose at the mee�ng before any ac�on is taken, whether any other individuals 18 years of age or older are present in the room at the remote loca�on with the member, and the general nature of the member’s rela�onship with any such individuals.
Audio and Visual Par�cipa�on Required. A member of the legisla�ve body par�cipa�ng from a remote loca�on under the AB 2449 rules for teleconferencing must par�cipate through both audio and visual technology during the en�re mee�ng. A member’s no�ce and general descrip�on of need to appear remotely must include a statement that the member will par�cipate with both audio and video capabili�es turned on throughout the mee�ng.
Mee�ngs to be Public
All regular, adjourned, and special mee�ngs of the City Councilshall be open and public and held in accordance with the Ralph M. Brown Act (Government Code sec�ons 54950, etseq.); provided, however, the City Council may hold closed sessions from which the public may be excluded as allowed by law. The Brown Act strikes a balance between public access to mee�ngs of public governing bodies and the need for confiden�al candor, debate and informa�on gathering.
Attendance
Councilmembers are expected to atend all mee�ngs of the City Council. If a Councilmember is absent without no�fica�on to the Mayor or City Clerk from all regular City Council mee�ngs for sixty (60) days consecu�vely from the last regular mee�ng he/she atends, his/her office becomes vacant and shall be filled as any other vacancy.
Councilmembers are expected to be present at the start of the mee�ng, work from the agenda presented, and be aten�ve and prepared for the agenda item.
If a Councilmember will be absent from the mee�ng, the Councilmember shall no�fy the City Clerk of such absence as soon as possible prior to the mee�ng.
Cancella�on of Regular Mee�ngs
Any mee�ng of the Council may be cancelled in advance by a majority vote of the Council. The Mayor may cancel a mee�ng in the case of an emergency, when a majority of members have confirmed in wri�ng their unavailability to atend a mee�ng, when there is not a quorum at the start of the mee�ng, or when the agenda is such that cancelling the mee�ng would not interfere with normal opera�ons of the City. The Council must meet regularly, however, at least once each month. Cancelled mee�ngs will be noted on the agenda and posted for the public.
Quorum
The Council consists of five members, one of whom is the Mayor. Three (3) members of the Council shall cons�tute a quorum and shall be sufficient to transact business (other than in the case of an Page
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mee�ng). If less than three (3) Councilmembers appear at a regular mee�ng, the members atending may adjourn the mee�ng to a stated day arid hour.
At City Council Mee�ngs, Council shall:
• Value each other's �me
• Atempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail and the majority shall show respect for the opinion of the minority
• Have the right to dissent from, protest, or comment upon any ac�on of the Council • Respect each other's opportunity to speak and, if necessary, agree to disagree • Avoid offensive nega�ve comments and shall prac�ce civility and decorum during discussions and debate
• Assist the presiding officer's exercise of the affirma�ve duty to maintain order • Shall make the public feel welcome
• Be impar�al, respec�ul, and without prejudice toward the public • Listen courteously and aten�vely to public comment
• Not argue back and forth with members of the public
• Make no promises to the public on behalf of the Council At/For City Council Mee�ngs, City Staff shall:
• prepare well-writen staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and prepara�on schedule as listed in City Council Policy Number 5
• be available for ques�ons from members in accordance with the Brown Act prior to and during mee�ngs
• respond to ques�ons from the public during mee�ngs only when requested to do so by Mayor or if absent, Vice Mayor, or the City Manager
• refrain from arguing with the public or members
• switch any electronic equipment such as pagers and cellular telephones to silent or off mode during Council mee�ngs with the excep�on of Key City staff as determined by the City Manager or City Manager designee
• Staff shall remain objec�ve on issues and should not be advocates for issues unless so directed by the legisla�ve body
• To the extent permited by the Brown Act, the City Manager shall inform the Mayor and Councilmembers of controversial, significant-impact issues that are coming before the Council
ORDER OF BUSINESS/CONDUCT OF CITY COUNCIL MEETINGS
The order of business istypically carried out as listed on the agenda format as atached to City Council Policy Number 5.
RULES OF CONDUCT
Obtaining the Floor
Every Councilmember desiring to speak will first address the Presiding Officer and gain recogni�on by the Presiding Officer. All Councilmembers will have an opportunity to speak. The Presiding Officer will determine the speaking order of the Councilmembers.
Introducing a Mo�on
At the Presiding Officer's discre�on, items on the agenda may be discussed before asking for a mo�on and second. The Presiding Officer or any Councilmember can bring or second a mo�on. Before the mater can be considered or debated, it must be seconded. Once a mo�on has been properly made and
seconded, the Presiding Officer shall open the mater for debate offering the first opportunity to debate to the moving party and, therea�er, to any Councilmember properly recognized by the Presiding Officer.
It is a courtesy, but not required, to allow other Councilmembers to move and second mo�ons, and for the Presiding Officer to be the last to debate a mo�on. Once the mater has been fully debated and the Presiding Officer calls for a vote, no further debate will be allowed, provided however, any Councilmember may be allowed to e plain his/her vote prior to the vote being cast.
Voting:
The Presiding Officer, Councilmember, or such member of the City staff asthe Presiding Officer may designate may verbally restate each mo�on immediately prior to calling for the vote. The Presiding Officer in his/her discre�on may publicly explain the effect of a vote for the members of the public, or he/she may direct a member of the City staff to do so before proceeding to the next item of business.
All Councilmembers present at a mee�ng when a ques�on comes up for a vote,shall vote for or against the measure unless he/she is disqualified from vo�ng and abstains because ofsuch disqualifica�on. It shall be at the Mayor's discre�on for the order of the vote, but typically the City Clerk shall call for the vote in alphabe�cal order, star�ng with the first leter of the last name. If the vote is a voice vote, the Presiding Officer shall declare the result and note for the record all "aye" votes and all "no" votes. The Council may also vote by roll call vote or ballot. If ballot vote is used, the Presiding Officer shall read the vote of each Councilmember to the members of the public. Regardless of the manner of vo�ng, the results reflec�ng all "ayes" and "noes" must be clearly set forth for the record. No Councilmember shall be allowed to change their vote a�er an item has been closed.
Tie Votes - A �e vote results in a lost mo�on. In such an instance, any member of the Council may offer a mo�on for further ac�on. If there is no ac�on by an affirma�ve vote, the result is no ac�on. If the mater involves an appeal, and an affirma�ve 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.
A Councilmember who was not present for a vote may request to have the right to request a second vote with the en�re Council present when the Council has a �e vote and the mo�on fails.
Absten�on: If a Councilmember abstains because of a conflict arising under the Poli�cal Reform Act of 1974, he/she is not counted as present for quorum purposes and is not deemed to be "vo�ng" for purposes of determining whether there has been a "majority vote of those members present and vo�ng"; When a Councilmember abstains or excuses them self from a por�on of a Council mee�ng because of a conflict of interest arising under the Poli�cal Reform Act, the Councilmember must state on the record the nature of the conflict. The inclusion of this informa�on in the public record is required by law; If a Councilmember abstains because of a conflict other than one arising under the Poli�cal Reform Act, he/she is counted as present for quorum purposes and is not deemed to be "vo�ng" for purposes of determining whether there has been a "majority vote of those members present and vo�ng." A Councilmember who publicly announces that he/she is abstaining from vo�ng on a par�cular mater may not subsequently withdraw his/her absten�on.
The vote will be announced by the Presiding Officer or City staff in compliance with State law.
Types of Mo�ons
When the following mo�ons are made and seconded, the Presiding Officer must immediately call for a vote of the body without debate on the mo�on. Mo�ons carry with the designated vote requirement:
Mo�on to adjourn [Simple Majority Vote]. This mo�on, if passed, requires the Council to immediately adjourn to its next regularly scheduled mee�ng.
Mo�on to recess [Presiding Officer or Simple Majority Vote]. This mo�on, if passed, requires the body to immediately take a recess. In the event of a mee�ng disrup�on, the Presiding Officer can unilaterally call a recess. Normally, the Presiding Officer determines the length of the recess.
Mo�on to set the �me to adjourn [Simple Majority Vote]. This mo�on, if passed, requires the body to adjourn the mee�ng at the specific �me set in the mo�on.
Mo�on to table [Simple Majority Vote]. This mo�on, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold" (temporarily suspending any further discussion of the pending mo�on). In order to bring the mater back before the City Council, a member must move to table the item and that the mo�on should contain an exact or approximate date in which the item will come back to the Council. If no �meframe is given in the mo�on, the item tabled dies, although it can be raised later as a new mo�on.
Mo�on to limit debate [Two-Thirds Vote]. This is a mo�on to end debate or set a �me limit on the debate for a given agenda item. When such a mo�on is made, the Presiding Officer should ask for a second, stop debate, and vote on the mo�on to limit debate.
Mo�on to close nomina�ons [Two-Thirds Vote]. When choosing officers of the Council (such as the Mayor and Vice-Mayor), nomina�ons are received from one of the Councilmembers.Nomina�ons can be closed by a vote of the Council.
Mo�on to object to the considera�on of an agenda item [Two-Thirds Vote]. Rather than tabling, when the Council believes it is premature for an item on the agenda to be considered, then such a mo�on can be made during the Approval of Final Agenda item.
Mo�on to Move Previous Ques�on [Two-Thirds Vote]: Any Councilmember may move to immediately bring the ques�on being debated by the Council to a vote, suspending any further debate. The mo�on must be made and seconded without interrup�ng one who already has the floor. A 2/3 vote is required for passage.
Mo�on to Postpone to Time Certain [Simple Majority Vote]. Any Councilmember may move to postpone the pending main mo�on to a future date as determined by the Council at the �me the mo�on is passed.
The mo�on must be seconded and requires a majority vote for passage.
Mo�on to Commit or Refer [ Majority Vote]. Any Councilmember may move that the mater being discussed should be referred to a commitee or commission for further study. The mo�on must be seconded and requires a majority vote for passage. The mo�on may contain direc�ons for the commitee or commission, as well as, a date upon which the mater will be returned to the Council's agenda. If no date is set for returning the item to the Council agenda, any councilmember may move, at any �me, to require the item be returned to the agenda. The mo�on must be seconded and a majority vote is required for passage if the item is to come back at a future date certain, or a 2/3 vote if the item is to be immediately discussed by the Council at the �me the mo�on to return is made.
Mo�on to Amend [Majority Vote]. Any Councilmember may amend the main mo�on or any amendment made to the main mo�on. Before the main mo�on may be acted upon, all amendments and amendments to amendments must first be acted upon. A mo�on to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main mo�on or amendment to which it is directed. Any amendment which subs�tutes a new mo�on rather than amending the exis�ng mo�on is out of order and may be so declared by the Presiding Officer.
The following ac�ons by the Council are to ensure orderly conduct of mee�ngs and for the convenience of the Mayor and Councilmembers. These mo�ons take precedence over any pending main or subsidiary mo�on and may or may not be debated as noted.
Call for Orders of The Day. Any Councilmember may demand that the agenda be followed in the order stated therein. No second is required and the chair must comply unless the Council, by 2/3 vote, sets aside the orders of the day.
Ques�on of Privilege. Any Councilmember, at any �me during the mee�ng, may make a request of the chair to accommodate the needs of the council or his/her personal needs for such things as reducing noise, adjus�ng air condi�oning, ven�la�on, ligh�ng, etc. Admissibility of ques�on is ruled on by the chair.
Point of Order. Any Councilmember may require the chair to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the chair.
Appeal. Should any Councilmember be dissa�sfied with a ruling from the chair, he/she may move to appeal the ruling to the full Council. The mo�on must be seconded to put it before the Council. A majority vote in the nega�ve or a �e vote sustains the ruling of the chair. The mo�on is debatable and the chair may par�cipate in the debate.
Suspend the Rules. Any Councilmember may move to suspend the rules if necessary, to accomplish a mater that would otherwise violate the rules. The mo�on requires a second and a 2/3 vote is required for passage.
Division of Ques�on. Any Councilmember may move to divide the subject mater of a mo�on which is made up of several parts in order to vote separately on each part. The mo�on requires a second and a majority vote for passage. This mo�on may also be applied to complex ordinances or resolu�ons.
Reconsider. Except for votes regarding maters which are quasi-judicial in nature or maters which require a no�ced public hearing, the Council may reconsider any vote taken at the same session, but no later than the same or next calendar day, to correct inadvertent or precipitant errors, or consider new informa�on not available at the �me of the vote. The mo�on to reconsider must be made by a Councilmember who voted on the prevailing side, must be seconded and requires a majority vote for passage, regardless of the vote required to adopt the mo�on being reconsidered.
If the mo�on to reconsider is successful, the mater to be reconsidered takes no special precedence over other pending maters and any special vo�ng requirements related thereto s�ll apply. Except pursuant to a mo�on to reconsider, once a mater has been determined and voted upon, the same mater cannot be brought up again at the same mee�ng.
Rescind. Repeal or Annul. The Council may rescind, repeal or annul any prior ac�on taken with reference to any legisla�ve mater so long as the ac�on to rescind, repeal or annul complies with all the rules applicable to the ini�al adop�on, including any special vo�ng or no�ce requirements or unless otherwise specified by law.
Authority of The Chair. Subject to appeal, the chair shall have the authority to prevent the misuse of the legi�mate form of mo�ons, or the abuse of privilege of renewing certain mo�ons, to obstruct the business of the Council by ruling such mo�ons out of order. In so ruling, the chair shall be courteous and fair and should presume that the moving party is making the mo�on in Page
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PUBLIC HEARINGS:
Public hearings are generally held following adop�on of the consent agenda and public comment period. The Mayor will open the Public Hearing. Speakers will be called forward and are encouraged to state their name and address. Comments are limited to the specific mater for which the public hearing is being held and are limited to three (3) minutes, unless a shorter or longer period is permited by the Mayor. Writen comments are permited prior to and during the public hearing, and should be submited to the City Clerk before the public hearing is closed.
Writen documents will be entered into the record, but will not be read aloud. A�er the public hearing is closed, no member of the public shall be permited to address the Council orstaff on that specific issue.
Public no�ces related to public hearings, including but not limited to special council mee�ngs, budget approval, annexa�ons, and street vaca�ons are published by the City Clerk in the legal sec�on of the local paper, and on the City's website as well as mailed/distributed as required by City Municipal Code and State law.
Time for Considera�on. Maters no�ced to be heard by the Council shall commence at the �me specified in the no�ce of hearing, or as soon therea�er as is reasonably possible, and shall con�nue un�l the same has been completed or un�l other disposi�on of the mater has been made.
Con�nuance of Hearings. Any hearing being held or no�ced or ordered to be held by the council at any mee�ng of the Council may, by order or no�ce of con�nuance, be con�nued or recon�nued to any subsequent mee�ng in the manner provided herein for adjourned mee�ngs; provided, that if the hearing is con�nued to a �me less than 24 hours a�er the �me specified in the order or no�ce of hearing, a copy of the order or no�ce of con�nuance of hearing shall be posted immediately following the mee�ng at which the order· or no�ce of con�nuance was adopted or made.
Public Discussion at Hearings. When a mater for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any mo�on is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the mater. Any person desiring to speak or present evidence shall make his/her presence known to the Mayor and upon being recognized by the Mayor, the person may speak or present evidence relevant to the mater being heard.
No person may speak without first being recognized by the Mayor. Members of the Council who wish to ask ques�ons of the speakers or each other, during the public hearing por�on may do so but only a�er first being recognized by the Mayor. The Mayor shall conduct the mee�ng in such a manner as to afford due process.
All persons interested in the mater being heard by council shall be en�tled to submit writen evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record. Time limits may be established by the Council, limi�ng the dura�on of presenta�ons as set forth in these rules. No person shall be permited during the hearing, to speak about maters or present evidence which are not germane to the mater being considered. A determina�on of relevance shall be made by the Mayor, but may be appealed as set forth in these rules.
Considera�on of Ques�on by Council. A�er all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the Mayor and the council may consider what disposi�on they wish to make of the ques�on or ques�ons presented at the hearing. No member of the public shall be allowed, without consent of the Mayor, to speak further on the ques�on during this period of delibera�on, although the Councilmembers may ask ques�ons of the speakers if so desired.
At the conclusion of council discussion, and appropriate mo�on having been made and seconded, the Council shall vote on the mater.
ATTENDANCE BY THE PUBLIC:
Except as specifically provided by law for closed sessions, all mee�ngs of the Council shall be open and public. All persons desiring to atend shall be permited to atend any mee�ng, 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 �mely and efficient mee�ng, public comment on any one agenda item where the City Council will be taking some ac�on 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 Councilmembers may individually:
• briefly respond to statements made or ques�ons posed by members of the public; • ask ques�ons for clarifica�on;
• provide a reference to staff or other resources for factual informa�on or response; • request staff to report to the council at a subsequent mee�ng; • request staff to place a mater of business on a future agenda as needed.
Disability Accommoda�on: If a person requires a disability accommoda�on that extends the normal speaking �me, the Presiding Officer will state that the speakers' �me is being modified for a requested accommoda�on, and shall extend the �me as is reasonable for the speaker to convey the informa�on.
Time Alloca�on if Many Commenters: The Mayor shall be authorized to establish a different �me 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 por�on of their alloted �me to others.
Speakers Loca�on: Speakers shall address the Council from the podium or to speak when called upon u�lizing the City’s virtual format (currently Zoom). provided for that purpose during their comment. Any writen materials or items to be submited or shown to the Council shall be given to the City Clerk, who will distribute them to Council.
Repe��ous or Dilatory Comments Discouraged. In order to expedite maters and to avoid repe��ous presenta�ons, the designa�on of a spokesperson is encouraged, but not required. Whenever any group of persons wishes to address the Council on the same subject mater, 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 �me alloca�on for a designated spokesperson.
In accordance with the Brown Act, unduly long or repe��ous comments may be ruled out of order by the Presiding Officer. The Mayor shall be authorized to limit disrup�ve speech. No person shall use loud, profane, threatening, or personally abusive language, or engage in any other disorderly conduct so as to disrupt or otherwise significantly impede the orderly conduct of any Council mee�ng. Persons who violate this rule may be barred from atendance for the remainder of the Council mee�ng, provided that the Mayor has no�fied the person to conduct him or herself in a manner consistent with this rule, and warned the person that they will be removed if they con�nue to disrupt the Council mee�ng. If a�er no�fica�on and warning the person persists in disrup�ng the mee�ng, the Mayor shall order the person to leave the Council mee�ng. If the person does not remove himself or herself, the Mayor may request any law enforcement officer who is on duty at the mee�ng to remove that person from the Council Chambers.
PUBLIC REQUESTS FOR PROCLAMATIONS:
When appropriate, the Council recognizes years of service, volunteers, or presents special awards. In response to City Council, staff or approved ci�zen requests, the Mayor may issue proclama�ons in declara�on or recogni�on of a special event, organiza�on or person. At this �me, either the Mayor or City Councilmember ( as requested by the Mayor) reads the Proclama�on into the record. Please see City Council Policy Number 5 for procedures for Proclama�ons.
CITY CORRESPONDENCE:
The Mayor is typically charged with transmi�ng the City's posi�on on policy maters to outside agencies on behalf of the City Council. The City Manager assistsin preparing the correspondence.
Official correspondence from the City Council must be on official City leterhead and receive prior approval from a majority of the City Council. Individual Councilmembers may ini�ate correspondence for their own purpose using leterhead that iden�fies only themselves as a Councilmember. All Councilmember correspondence using City resources will be copied to the full Council. For example, responses to ci�zen leters will be copied to the full Council along with the original ci�zen correspondence.
Individual Councilmembers may occasionally prepare leters for cons�tuents in response to inquiries, or to provide requested informa�on. City leterhead is available for this purpose as stated above. , Correspondence received by City staff addressed to one councilmember will be copied to all Councilmembers.
If any Councilmember receives an email sent directly to his/her address, they are not required to share their response with the full Council. However, if they decide to share the email, they should forward a copy to the City Clerk for distribu�on by the City Clerk to the full Council.
On occasion, Councilmembers may wish to share an opinion on an issue on which the Council has yet to take a posi�on, or about an issue for which the Council has no posi�on. In these circumstances, individual Councilmembersshould clearly indicate they are not speaking for the Council as a whole, but as individuals. It is not appropriate to use City leterhead or Council �tles for personal or poli�cal purposes.
External Communica�on.
The Mayor is to faithfully communicate the will of the Council majority in maters of policy. The Mayor is also recognized as the official head of the City for all ceremonial purposes and shall perform such other du�es consistent with the office.
Signing of Documents
The Mayor will sign all ordinances, resolu�ons, and other documents necessita�ng his/her signature, which were adopted by a quorum of the City Council, unless signature authority has been delegated in the adop�ng ac�on.
Outside Ac�vi�es:
Councilmember Par�cipa�on in Community Ac�vi�es: From �me to �me, Councilmembers may choose to par�cipate in community ac�vi�es, commitees, events, and task forces. When a Councilmember par�cipates in these types of ac�vi�es, the Councilmember is ac�ng as an interested party rather than ac�ng on behalf of the City Council. If asked to speak or comment at a public event, Councilmembers should state that they are ac�ng as interested par�es rather than ac�ng on behalf of the City Council.
Ac�ng or par�cipa�ng on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representa�ve for the mater.
Serial Mee�ngs:
Serial mee�ngs are mee�ngs that at any one �me involve only a por�on of a legisla�ve body, but eventually involve a quorum. Serial mee�ngs yield a process which deprives the public the opportunity for a meaningful contribu�on to the decision-making process.
Serial mee�ngs may be a chain, in which member A contacts or emails member B, B then contacts C, C contacts D, and so on, un�l a quorum is involved. To avoid the poten�al of serial mee�ngs, members shall refrain from using the "reply all" feature when responding to emails. An elected official has the right to confer with a colleague about public business. But if and when a "collec�ve concurrence as to ac�on to be taken" is reached, the Brown Act is violated.
Councilmembers are encouraged to consider the possibility ofserial mee�ngs when engaging in discussion with their colleagues on a mater within the subject jurisdic�on of the City.
City Logo:
The City Manager or City Clerk may approve the use of the City's Logo forspecific purposes by other government agencies to which the City maintains membership or which the City contributes grant funding. All authorized use of the City's logo shall be in wri�ng, shall indicate the specific use allowed, and shall include the words "Any other use of this logo is prohibited".