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Agenda-Item-Number-11-Council-Policy-Number-6-and-7-Agenda-Review-Placement-of-Items-on-Agenda-and-Conduct-of-CC-Meeting

Sebastopol City Council
November 5, 2024

Document
Agenda-Item-Number-11-Council-Policy-Number-6-and-7-Agenda-Review-Placement-of-Items-on-Agenda-and-Conduct-of-CC-Meeting
Meeting
November 5, 2024
Body
Sebastopol City Council
Pages
67
Original file
1.8 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofsebastopol.gov. That file is the official record.

CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: November 5, 2024
=========================================================================================== To: Honorable Mayor and City Councilmembers
From: Ad Hoc Committee for City Council Protocols and Procedures Subject: Consideration of Approval of:

City Council Policy Number 6 – Agenda Review Committee Guidelines for City Council Agenda Preparation and Placement of Items on an Agenda; and City Council Policy Number 7 – Conduct of City Meetings =========================================================================================== RECOMMENDATIONS:

That the City Council discuss and consider approval of Policy Numbe5 6 – Agenda Review Committee Guidelines for City Council Agenda Preparation and Placement of Items on an Agenda and City Council Policy Number 7 – Conduct of City Meetings
EXECUTIVE SUMMARY:

The City of Sebastopol currently has an Agenda Review Committee for Guidelines for City Council Agenda Preparation and Placement of Items on an Agenda and Conduct of City Meetings. The policies are intended to have a clear, transparent procedure for City Council members, staff members, and members of the public to understand how City Council agendas are prepared, and to clarify how interested persons may request that items be placed on a future agenda, ensuring compliance with the Brown Act.

BACKGROUND AND DISCUSSION:

The current policy establishes standards and provides general guidelines for Council and staff in preparing and submitting City Council agenda items for City Council meetings. The information provided in the policy aids in the timely and accurate preparation of staff reports to be included in the City Council’s Agenda packets. The intent of this policy is to ensure a fair and equitable policy for all Councilmembers regarding Guidelines for City Council Agenda Preparation and Placement of Items on an Agenda.

The Ad-Hoc committee recommended keeping the current general structure of the Agenda Review Committee.

However, in review of the current policy, it was determined that the policy required edits to reflect the current process and eliminate ambiguity. Attached is a red lined version of the edits as well as a cover sheet that provides a list of questions for Council consideration in providing direction to staff. A clean version of the policy is also attached containing all red line edits.

City staff have also provided a table showing the various examples of agenda review currently in place in other cities.

STAFF ANALYSIS:

Certain state laws and other established regulations exist which govern the various responsibilities of the City Council.

These protocols are not intended to supersede any existing statutes or regulations, but policies included will increase their value as a tool for new Council Members as well as new Mayors or Vice Mayors as there will be clear and concise processes. Even once approved, protocols may be amended by a majority vote of the Council Members. In the event of any conflict between protocols and applicable state or federal law, the applicable federal law, state law or our own City Municipal Code shall control.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

Page 1 of 67 ends

Staff recommend the Council approve the current Agenda Review Committee Policy Number 6 and Conduct of City Meetings Policy Number 7; or provide direction to staff if another process is recommended. Staff will then return the final version at a future City Council meeting.

COMMUNITY OUTREACH:

This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. The City has also used social media to promote and advertise the City Council Meeting Agenda Items.

FISCAL IMPACT:

There is no fiscal impact associated with Council review and direction to City staff.

RESTATED RECOMMENDATION:

That the City Council provide direction to city staff.

1. Maintain Current Agenda Review Committee Format with edits and direction on questions presented by the ad hoc committee; and

2. Maintain current Conduct of Meeting Meetings Policy with minor edits as presented by the Ad Hoc committee
CITY COUNCIL OPTIONS:

If the Council does not approve the recommendation above, the Council has the option to:

1. Provide direction if another process is requested for placement of agenda items; and/or

2. Provide direction if conduct of city meetings protocols revisions are requested

ATTACHMENTS:

Attachment 1 Cover Page/Options for Consideration
Attachment 2 Policy Number 6: Agenda Review Committee Guidelines for City Council Agenda Preparation and Placement of Items on an Agenda/Clean Version Attachment 3 Department Head Preparation of Agenda Items/Information Only Attachment 4 Policy Number 7: Conduct of City Meetings/Clean Version Attachment 5 Examples from Other Cities
Attachment 6 Red Line Version – Agenda Review Committee Policy 6 Attachment 7 Red Line Version – Conduct of City Meetings Policy 7 APPROVALS:

Department Head Approval: Approval Date: 10-29-2024
CEQA Determination (Planning): Approval Date: 10-20-2024 This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines.

Administrative Services (Financial) Approval Date: 10-29-2024 Costs authorized in City Approved Budget:  Yes ☐ No ☐ N/A Account Code (f applicable)
City Attorney Approval Approval Date: 10-29-2024
City Manager Approval: Approval Date: 10-29-2024
Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT 1 CITY COUNCIL PROTOCOLS

AGENDA REVIEW COMMITTEE
Guidelines for City Council Agenda Preparation and Placement of Items on an Agenda CITY COUNCIL POLICY NUMBER 6
AS ADOPTED AT THE xxxxxxx, 2024, CITY COUNCIL MEETING

CITY COUNCIL POLICY
Agenda Review Committee
Guidelines for City Council Agenda Preparation and Placement of Items on an Agenda Policy:

It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings.

The policy aims to establish standards and provide general guidelines for staff in preparing and submitting City Council agenda items for City Council meetings.

Purpose:

The purpose of the policy is to address three issues: 1) How staff reports are prepared for Council meetings; 2) The process for placing items on the agenda, and 3) identify the individual/group responsible for determining the agenda. The intent of this policy is to ensure a fair and equitable policy for all Councilmembers.

Staff Report Preparation:

The City of Sebastopol is committed to preparing staff reports that provide the City Council with the facts and information necessary to make informed decisions. The City of Sebastopol is also committed to providing citizens with a clear and concise record of City Council actions These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for the City of Sebastopol.

City staff have researched other cities protocols and have provided options below for consideration. The protocols fall within four broad categories:

Setting of Agenda:

1. Standing Committee Process

2. City Manager and Mayor Set the Agenda

3. City Manager sets the Agenda

4. Mayor has final approval for agendas
There are also other systems used (such as City Clerk sets the agenda; or Mayor, Vice Mayor, and Department Directors set the agenda) that are included in the attached table but are not recommended for consideration.

Placement of Items on Agenda: Options for Consideration:

1. One Councilmember can submit a request for an agenda item directly to the Agenda Review Committee

2. Item requires signature of two councilmembers to place an item on the agenda

3. Councilmember brings up to City Manager; City Manager to determine if it comes to City Council
Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT 1 CITY COUNCIL PROTOCOLS

AGENDA REVIEW COMMITTEE
Guidelines for City Council Agenda Preparation and Placement of Items on an Agenda CITY COUNCIL POLICY NUMBER 6
AS ADOPTED AT THE xxxxxxx, 2024, CITY COUNCIL MEETING

4. Set Standing Agenda Item on a City Council Agenda: This is a time set aside on the agenda for Councilmembers to bring forward items for consideration. Placement of an item on a future agenda requires three affirmative votes.

Listed below are questions/comments for Council discussion / providing direction to staff:

1. Does the City Council want to maintain the current Agenda Review Committee Process? If so, Council is asked to consider the following topics for discussion:
a. Procedure if an agenda item is submitted to the Agenda Review Committee for placement onto an agenda, but item does not get placed onto an agenda within 90 days of the request
b. May the City Manager place an item on the agenda without approval of the Agenda Review Committee?
c. Can the Agenda Review Committee require agenda reports to contain certain information before items are placed on the agenda?
d. Continue agenda setting committee meeting as in person only, or change to hybrid format? If changed to hybrid format, is the meeting to be recorded and if the meeting is recorded, shall it be posted to the City Web site?
e. Shall wording in current policy state May” or “Shall” in terms of the City Manager’s obligation to consult with the Mayor?
f. What is the procedure if there is a disagreement on the Committee related to placement of an agenda item (such as who is final approval; shall that item be sent to Council for consideration?)
g. What is the definition of urgency item?
h. Who has the authority to schedule closed session items? If the Council does not want to maintain the current Agenda Review Committee format, which format would be recommended?
Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6
City Council Policy for Agenda Preparation Agenda Review Committee Standing Committee
Agenda Review Committee Meetings are In Person Only Meetings PURPOSE: To establish guidelines for City Council Agenda Preparation 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 preparation and placement of items on a City Council Agenda.

PROCEDURE:

The Agenda Review Committee is comprised of the Mayor and the Vice Mayor. Committee staff include the City Manager, the City Attorney (when requested by a member of the Committee), and the City Clerk. It shall be the responsibility of the Agenda Review Committee to prepare City Council agendas. Only the Mayor and Vice Mayor shall have the power to vote on the placement of items on the agenda, but shall consider feedback and recommendations from other members of the Agenda Review Committee.

The Agenda Review Committee shall be considered a standing committee and shall be subject to the requirements of the Brown Act. All meetings of the Agenda Review Committee shall be open and public, and all persons shall be permitted to attend any meeting of the Agenda Review Committee.

When scheduling items for City Council meetings, the Agenda Review Committee should consider the number of items being placed on each agenda and the estimated time that each item requires. Staff should strive to provide detailed information to the Committee to create well-balanced agendas for all City Council meetings throughout the year. Although there might be rare occasions where a long meeting is necessary, a series of long meetings should be avoided by balancing the content of each agenda.

The order of specific public hearing and business items is determined by the Agenda Review Committee based upon anticipated public interest, participation of paid consultants, implementation urgency/time sensitivity, and other related considerations.

Agendas shall be formatted as shown on the attached exhibit; however, the Agenda Review Committee has the authority to change the order of an agenda dependent upon projected length of an agenda item. At the City Council meeting, the Mayor may reorder items on the agenda to accommodate the public or to address other concerns.

Upon completion ofthe preliminary agenda, the City Clerk shall forward DRAFT forward agenda/calendars to the City Council and Department Heads for information within 48 hours of completion of the preliminary agenda.

In preparing the agenda, the Agenda Review Committee shall review requested agenda items for possible Council meeting date. A requestor of an agenda item shall include the preferred date of the City Council meet for the item to be heard. All forward agendas reviewed by the Agenda Review Committee shall include all known agenda items and preferred date of Council meeting. The deadline for finalizing the agenda shall be no later than Tuesday (14 calendar days) prior to the City Council Meeting date) unless an item determined necessary for that agenda (after approval of the final agenda) is requested to be placed on the Agenda.

If an item is proposed to be placed on the agenda after finalization of an agenda, the request shall be submitted to the City Manager, who will then forward it to the Agenda Setting Committee for a final decision.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6
Overview of Normal Timing for Agenda Item Requests and Staff Reports:

1. Agenda Item Requests are submitted 21 days before the relevant City Council meeting

2. Staff Reports are submitted in draft final form 14 days before the relevant City Council meeting.

Agenda Item Requests – Due 21 Days Before the Council Meeting Timely Agenda Item Requests: Any Councilmember who requests an item to be placed on the Agenda must submit their request in writing (hard copy or email) to the City Clerk no later than twenty one (21) calendar days prior to the meeting date. A copy of the Agenda Item Request Form is attached for reference.

Staff members must submit their items onto the Forward Agenda that is reviewed by the Agenda Review Committee. Forward agendas must contain at a minimum: title of agenda item; budgetary considerations; proposed length of item; and if item can be moved to a future meeting if determined by the Agenda Review Committee.

Required Contents of All Agenda Item Requests: Agenda Items shall at minimum: (1) describe the issue for consideration by the City Council; and (2) contain attachments and/or information specific to the topic. A complete Agenda Item Request Form must be submitted to the City Clerk at the time an agenda item request is made.

Late Agenda Item Requests – Submitted After the 21-Day Deadline:

If an Agenda Item Request is submitted after the 21 day deadline, it must be submitted with a complete agenda item request/contents, as well as justification for the request that the item be considered despite its lateness. The Late Agenda Item Request shall be submitted to the Agenda Review Committee for consideration. The submission of Late Agenda Item Requests is discouraged, unless of an urgent nature. The urgency of the Late Agenda Item Request shall be determined by the Agenda Review Committee.

Councilmembers Agenda Item Requests – Staff Support: If the Agenda Request is being submitted by a councilmember, the councilmember may request limited assistance from staff with obtaining copies of existing 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. If the Agenda Request is submitted after the deadline the City Clerk shall notify the Agenda Review Committee of any agenda item requests submitted by councilmembers upon receipt of the request.

Councilmember Agenda Item Requests

1. The Agenda Review Committee determines if the Request is:
• A minor work task that is consistent with prior Council direction or policy and can be prepared for placement on the City Council agenda with minimal resources and does not need further evaluation; or
• A more substantial work task (that will, for example, take more than two hours of time by staff to prepare the item for the City Council agenda) and that could affect established priorities and needs further evaluation.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6

2. If preparing the agenda item is a minor work task, the Ad Hoc Committee shall decide when to place the item on the City Council agenda.

3. If preparing the agenda item is a more substantial work task, the Ad Hoc Committee shall place the item on a future City Council agenda for consideration by the Council as to whether or not staff should proceed with preparing the agenda item, and if yes, identification of its relative priority and request for allocation of budget or other resources necessary to address the proposal. As part of the City Council’s consideration of whether or not to proceed, the City Manager shall prepare a brief evaluation of the resources required to prepare an agenda item, how doing so could affect existing priorities, projects, and operations, alternatives to the proposal, and any other issues the City Manager and Council members should consider

4. The Agenda Review Committee sets the item for placement on the Agenda and the City Clerk informs the requesting Councilmember.

5. The provisions here do not limit the discretion of the Agenda Review Committee to decide the timing/Council meeting date of Agenda items (see below).

Staff Reports in Final Draft Form – Due 14 Days Before the Council Meeting Timely Final Draft Staff Reports: NO LATER THAN 10:00 AM TWO WEEKS PRIOR TO A SCHEDULED COUNCIL MEETING, the Responsible Department shall provide the staff report in final draft form, as a word document, to the City Clerk via email.

Steps To be Completed Before Submitting Final Draft Staff Reports to City Clerk: BEFORE submitting the staff report in final draft form to the City Clerk, the staff member must do the following:
• Submit the final draft staff report to the departments listed in the draft staff report for their review/approval
• Provide a paper copy with signature template to the City Manager for review /approval (this includes ALL attachments), so that the City Manager may provide comments/edits • Make any final edits as needed
• Obtain the approval signature from the City Manager
For All Agenda Items:

Responsible Department originating the staff report shall review staff report for correct content, budgetary information, formatting, grammar, spelling, appearance, and format, ensuring that all supporting materials or documents are attached and complete prior to submitting to City Manager for review.

The City Manager reviews all reports for content, clarity, and recommended action(s), making changes as the City Manager deems appropriate and/or making requests for additional information that the City Manager believes is necessary to present the Council with a complete report.

For Reports submitted by a Councilmember, the City Manager shall review for report with the Councilmember for any discrepancies or clarifying information.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6
The Agenda Review Committee may exercise their sole discretion and judgment in deciding the timing/Council meeting date of all agenda items, with the exception of agenda items that are specifically requested by a majority of the City Council or actions 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 writing to any member of the City Council. If a Councilmember wishes to sponsorsuch request,the City Councilmember shallsend a request for an agenda item to the City Clerk for forwarding to the Agenda Review Committee for review.

The City Council agenda packet, including all reports, communications, ordinances, resolutions, contracts, documents, or other matters to be considered by the City Council at the regular meeting, will be available within 72 hours of the Meeting Date in accordance with Brown Act Posting Requirements for Regular Meetings.

The agenda packet will be made available for public inspection upon its distribution to the City Council. Any writings 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 after the agenda has been distributed will also be made available for public inspection at City Hall during normal business hours.

All agendas as of the date of approval of this document shall be formatted as shown in attachment, unless otherwise directed by the Agenda Review Committee.

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:

Proclamations are issued and/or scheduled for presentation at a City Council meeting at the discretion of the Mayor. Recognitions and proclamations shall be scheduled as necessary in recognition of persons or groups for the promotion of an event, service, and/or employee retirement. Requests must be submitted to the City Clerk in writing 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 recognition or proclamation. Upon approval by the Mayor, the City Clerk will then coordinate the presentation with the requesting party in order to schedule the item on any given agenda. The requesting party determines whether or not he/she will be present for acceptance of such presentation.

The request should be made at least four weeks in advance of a regularly scheduled Council meeting.

If approved for placement on an agenda, a representative shall be designated with contact information provided to the City Clerk as to who will be present at the City Council Meeting to accept the proclamation.

The Agenda Review Committee retains the right to modify, edit, or otherwise amend the proposed proclamation to meet its requirements, needs, or policy determinations.

The Agenda Review Committee retains the right to decide if the proclamation will be issued or not.

The Mayor shall determine if the proposed proclamation meets the intent of this policy A final decision will be within the discretion of the Mayor.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6
Once approved, the proclamation will be added to the appropriate Council agenda. If not approved, the applicant will be notified of the decision by the Mayor or City Manager.

If approved, the person(s) making the request must submit a copy of the proposed proclamation to the City Clerk no later than 14 days prior to the proposed City Council meeting date.

This document will be updated on an ongoing basis and modified asthe City Council deems appropriate.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6

SAMPLE FORMAT OF AGENDA

CALL TO ORDER
The Mayor, or in the Mayor's absence, the Vice Mayor, presides over all meetings of the City Council, and after determining a quorum is present, calls the meeting to order. In the absence of the Mayor and Vice Mayor, a Councilmember is selected from among the body to act as Chair.

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 of individual Councilmembers.

SALUTE TO THE FLAG
Following the call to order, those in attendance are asked to join the Council in reciting the Pledge of Allegiance.

ORDER OF AGENDA:

At the City Council meeting, the Mayor may reorder items on the agenda to accommodate the public or to address other concerns. 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.

PROCLAMATIONS/PRESENTATIONS:

When appropriate, the Council recognizes years ofservice, volunteers, or presents special awards. In response to City Council, staff or approved citizen requests, the Mayor may issue proclamations in declaration or recognition of a special event, organization or person. At this time, the Mayor may request a City Councilmember(s) read the Proclamation into the record. The proclamation may not be read in its entirety and is up to the discretion of the Mayor.

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). Additional public comment will be held at the end of the discussion and action items for up to an additional twenty (20) minutes. Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter 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 additional speakers to be called on in the same manner) based upon the time limit.

ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA (SECOND COMMENT PERIOD):

At the end of the meeting after the Regular Calendar Agenda Item Discussion and/or Action Section of the Agenda, two (2) minutes per speaker for up to twenty (20) minutes total for public comments but can be reduced at Mayor’s discretion depending upon the number of speakers or Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter 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 meeting and 20 minutes at the end of the meeting). Mayor has discretion to allow for additional time beyond the 20 minutes allocated for each public comment period dependent upon the subject matter or number of speakers.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

Page 10 of 67 ends

ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6
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 can poll the members of the public for an indication of the number of people. wishing to speak, then call on individuals to speak.

The City Clerk will monitor the time for public comments and inform the speakers when the time limitation has been reached.

Public participation is encouraged on all public agenda items. If a member of the public is unable to attend the Council meeting, written communications for public comment for items not on the agenda may be sent to the City Clerk by e-mail or by regular mail. Communications received after distribution of the agenda packet will be made available to the Council at the meeting. Written public comments are encouraged and should be submitted to the City Clerk for forwarding to City Council and appropriate staff and for posting to the City Web site. Subject Line should indicate that the submittal is for public comment in general or if it relates to a specific agenda item.

For specific agenda items, written 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] 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.

In response to public comment on non-agendized items, the Councilmembers may individually:
• briefly respond to statements made or questions posed by members of the public; • ask questions for clarification;
• provide a reference to staff or other resources for factual information or response; • request staff to report to the council at a subsequent meeting; • request staff to place a matter of business on a future agenda as needed.

STATEMENTS OF CONFLICTS OF INTEREST BYMAYOR/CITY COUNCILMEMBERS FOR ITEMS ONTHEAGENDA This is the time 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 routine in nature and do not require additional discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one motion without discussion unless a member of the City Council requests that the item be taken off the consent calendar.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6
The Mayor 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 attendance. At this time, a member of the public may speak for up to two (2) minutes on the entire consent calendar and request at that time 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 clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor.

INFORMATIONAL ITEMS/PRESENTATION:

Informational Items or Presentations are items that are informational only and do not require action by the City Council. Presentations shall be scheduled as necessary for the promotion of an event or service or general information items to the Council. Presentations shall be limited to no more than ten (10) minutes.

This time can be extended at the discretion of the Mayor Process for Public Hearings/Discussion and Action Agenda Items:
• Mayors opens the item
• Council receives Staff Report from the Responsible Department, Councilmember or Requestor of the Item
• Mayor asks Council forQuestions 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/deliberation and/or action.

PUBLIC HEARING(s):

Public hearings are generally held following adoption of the consent agenda and public comment period and after informational items unless so re-ordered by the Mayor at the meeting. The Mayor will open the Public Hearing and ask if there are individuals who are in attendance at this meeting who are wishing to address the City Council and if so to speak from the Podium or to speak when called upon utilizing 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 matter for which the public hearing is being held and are limited to two (2) minutes, unless a shorter or longer period is determined by the Mayor. Written comments are encouraged to be submitted to the responsible City Department prior to the meeting for forwarding to the City Council. If written documents are submitted at the City Council meeting, they shall be submitted to the City Clerk for inclusion in the official City file. Members of the public may read their written documents into the record during the two (2) 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, written documents received at the meeting will not be read aloud into the record. At the end of the last speaker, the Mayor will ask if there are any additional citizens who wish to speak at the public hearing. After the public hearing is closed, no member of the public shall be permitted to address the Council or staff on that specific issue.

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6
REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION):

Regular Calendar Agenda Items are items that are for Council discussion and/ or action. Similar to a public hearing, the Mayor will open the item for public comment and ask if individuals who are in attendance at this meeting who are wishing to address the City Council and if so to speak from the Podium or to speak when called upon utilizing 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 matter for which the agenda item is being discussed and are limited to two (2) minutes, unless a shorter or longer period is permitted by the Mayor. Written comments are encouraged to be submitted to the responsible City Department prior to the meeting for forwarding to the City Council. If written documents are submitted at the City Council meeting, they shall be submitted to the City Clerk for inclusion in the official City file. Members of the public may read their written documents into the record during the public comment portion of the item. Speakers are encouraged to provide their written statements to the City Clerk. Unless read by a member of the public during the public comment period for the item, written documents received at the meeting will not be read aloud into the record. At the end of the last speaker, the Mayor will ask if there are any additional citizens who wish to speak at the agenda item. After public comment is closed, then no member of the public shall be permitted to address the Council or staff on that specific issue.

Reports:

City Manager/Attorney/Assistant City Manager/City Clerk Reports. This is the time for City Management to provide updates on various matters to the Council and public. (This will be either verbal or written reports provided at or prior to the meeting)
City Council Reports/Committee/Sub-Committee Meeting Reports: (Reports by Mayor/City Councilmembers Regarding Various Agency Meetings/Committee Meetings/Sub-Committee Meeting /Conferences Attended and Possible Direction to its Representatives (If Needed) on Pending issues before such Boards) (This will be either verbal or written reports provided at the meeting) Council Communications Received (Information/Meetings/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 matters of confidential 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 estimated timewhen the Closed Session will conclude, and whether the Council will reconvene to take action. (Prior to adjournment into Closed Session, the public may speak up to 3 minutes on itemsto be addressed in Closed Session).

A Closed Session may be extended to a later time by announcement of the Mayor. Nothing in this section shall require or authorize a disclosure of information prohibited by State or Federal law. The Brown Act requires all Council action to be discussed and taken in open session, except for specified and limited exceptions such as personnel matters, real property negotiations, and pending or threatened litigation.

Closed Sessions are typically held at the end of the regular Council meeting and, if needed, can be continued to the next regular meeting. It shall be at the discretion of the City Attorney to schedule a closed session at the beginning or end of a regular City Council meeting upon concurrence of the Agenda Review Committee.

Closed Session Meetings Are in Person Meetings Only and not Hybrid Format .

Agenda Item Number: 11 Agenda Item Number: 11
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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6

ADJOURNMENT OF REGULAR MEETING
The Mayor adjourns the meeting and the City Clerk notes the time of adjournment for the record. All meetings will conclude no later than 10:30 p.m., unless this provision is waived by a unanimous vote of the Council. Consideration of the agenda matter then on the floor will be continued beyond 10:30 p.m. by unanimous vote of the Council. In the event the remaining agenda cannot be concluded at any meeting by 10:30 p.m., the meeting will be recessed to the next regularly scheduled Council meeting or upon majority approval, to a definite time and place, and notice of such continued meeting will be given as provided by statute.

No new agenda business shall be considered after 10:30 pm without agreement from unanimous vote of the majority of the Council.

If there is unanimous vote to continue the meeting beyond 10:30 pm, said meeting will be extended up to one additional hour or 11:30 pm and will not continue beyond that time.

Agenda Item Number: 11 Agenda Item Number: 11
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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6

EXHIBIT

CITY COUNCIL MEETING AGENDA

Meeting of
Meeting Start Time:

Meeting to be held in Person and Virtual /Remote Participation Zoom Link is to be used for providing public comment/Live Stream is utilized for viewing only of meeting City Council is inviting you to a scheduled Zoom meeting.

Topic: City Council Meeting -
Time:

Join Zoom Meeting

CALL TO ORDER

ROLL CALL

SALUTE TO THE FLAG

REMOTE PARTICIPATION
PROCLAMATIONS/PRESENTATIONS/INTRODUCTIONS:

STATEMENTS OF CONFLICTS OF INTEREST: Conflicts of interest may arise in situations where a public official deliberating towards a decision, has an actual or potential financial interest in the matter before the Council. In accordance with state law, an actual conflict of interest is one that would be to the private financial benefit of a public official, a relative or a business with which the Councilmember is associated. A potential conflict of interest is one that could be to the private financial benefit of a Councilmember, a relative or a business with which the Councilmember is associated. A Councilmember must publicly announce potential and actual conflicts of interest, and, in the case of actual conflict of interest, must refrain from participating in debate on the issue or from voting on the issue and must remove themselves from the dais.

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). Additional public comment will be held at the end of the discussion and action items for up to an additional twenty (20) minutes. Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter 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 additional speakers to be called on in the same manner) based upon the time limit.

CONSENT CALENDAR: The consent agenda consists of items that are routine in nature and do not require additional discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one motion 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 attendance. At this time, a member of the public may speak for up to three minutes on the entire consent calendar and request at that time that an agenda item or items be 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 or Mayor Pro Tern.

Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tem.

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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6
INFORMATIONAL ITEMS/PRESENTATIONS: Informational Items or Presentations are items that are informational only and do not require action by the City Council. Presentations shall be scheduled as necessary for the promotion of an event or service or general information items to the Council and should be limited to ten (10) minutes total in length of item (total length includes questions of Council to presenter and public comment).

PUBLIC HEARING(s):

REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION):

ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: Two minutes per speaker for up to twenty (20) minutes total for public comments but can be reduced at Mayor’s discretion depending upon the number of speakers or Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter or number of speakers.

CITY COUNCIL/CITY STAFF REPORTS/COMMUNICATIONS/ANNOUNCEMENTS/FUTURE MEETINGS:

CLOSED SESSION:

ADJOURNMENT OF CITY COUNCIL MEETING
Agenda Item Number: 11 Agenda Item Number: 11
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ATTACHMENT NUMBER 2
Agenda Review Committee
Policy for Agenda Preparation and Placement of Items Onto an Agenda Policy Number 6

EXHIBIT

AGENDA ITEM REQUEST FORM

REQUEST FOR ITEM TO BE PLACED ONTO A CITY COUNCIL MEETING AGENDA Date of Request:.

Name of Council Member Submitting Item:

Subject of Item:

Please explain agenda item (such as background; action requested of Council):

If this a consent calendar item or discussion and action item? If discussion and action item; what is the Estimated Amount of Time for Discussion at Meeting:

Requested Date of City Council Meeting for Item:

Alternate Date for City Council Meeting for Item:

Will this require Staff time?
Yes, Preparation of the agenda item.

Anticipated Length of Staff Time Required?
Agenda Item Number: 11 Agenda Item Number: 11
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ATTACHMENT NUMBER 3
Staff Report Preparation Policy
Overview of Normal Timing for Agenda Item Requests and Staff Reports:

Staff Reports are submitted in draft final form 14 days before the relevant City Council meeting TO include sign-offs/approvals from other Departments as needed (City Attorney, Admin Services, Community Development, any affected Department).

Reports on issues with significant complexity, or political sensitivity, should be discussed with the City Manager or Assistant City Manager at a minimum of twenty one (21) days in advance of City Council Meeting. This can include conversations on the topic before drafting the item.

NO LATER THAN 10:00 AM ONE WEEK PRIOR TO A SCHEDULED COUNCIL MEETING, or if agenda has been revised, upon approval of final agenda, the requestor or Responsible Department shall Provide:
• Once finalized, email to the City Clerk a PDF copy of agenda item with headers/footers filled out for web site posting;
• One original Hard copy single sided (paper clipped/not stapled) agenda item for City Council Agenda File for Office Use;
• All word versions documents required for signature by Mayor, City Attorney or City Manager (please put into the email with the approved/numbered PDF version of the agenda item) (such as contracts, resolutions, letters, etc)
• If a document is an original and needs the original signed, each department will be responsible for ensuring the original is signed by all parties and a fully executed copy submitted to the City Clerk.

Any edits to the document as revised at the City Council meeting shall be the responsibility of the responsible department. Once revisions have been made, the original shall be forwarded to the City Clerk. City Clerk shall be responsible for obtaining signatures on Resolutions, Ordinances, Letters signed by Mayor or Mayor designee.
• The requester should use the final agenda for preparation of final item for Council packet.

Any exceptions to this policy must be approved by the City Manager and City Clerk.

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ATTACHMENT NUMBER 4

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 conducting its meetings 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 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.

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 on such other date as the Council may designate, or shall be scheduled for cancellation upon approval of the Agenda Review Committee.

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, meetto 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 a location to be approved by the Agenda Review Committee.

If by reason of natural disaster or other emergency it shall be unsafe to meet in approved location as determined by the Agenda Review Committee, the meetings may be held for the duration of the emergency at such other place as is designated by the Mayor. City staff shall provide recommendations for locations for meetings to the Mayor for final approval.

Posting of Regular Meeting
The city clerk shall post the agenda of each regular meeting of the legislative body at least 72 hours in advance of the meeting in a location that is freely accessible to members of the public as required by the Brown Act. The City Clerk shall maintain an affidavit indicating the location, date, and time of posting each agenda.

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Special Meetings
A special meeting of the Council may be called by the Mayor or a majority of the members of the Council. A special meeting may be called by providing notice (by personal delivery or by written notice) 24 hours in advance of the meeting to the Mayor, to all Councilmembers, and to all media outlets and persons having requested in writing notification of such meetings pursuant to State law. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. No ordinances, other than urgency ordinances, may be adopted, nor may resolutions or orders for payment of money be made.

The call and notice shallspecify the time and place of the special meeting and the business to be transacted.

No other business shall be considered at the meeting. Written notice may be dispensed with as to any member who, at or prior to the time and meeting convenes, filed with the City Clerk a written waiver of notice. The waiver may be given by fax, email or mail. Written notice shall be dispensed with as to any member who is actually present at the meeting at the time it convenes.

Study/Work Session:

The Council may meet in a study/work session atsuch times or atsuch places as may be determined by the Council for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. These sessions will be noticed as provided by law and open to the public and the press.

No official action may be taken at a study session. However, Council may refer the item to staff with specific requests for information or provide specific direction to staff. During study/work sessions, Councilmembers may ask questions of staff. For those questions thatstaff cannot immediately answer, responses will be provided for the Council in writing or at a future Council meeting.

Closed Session Meetings:

As needed, the City Council may adjourn to a Closed Session privately to discuss and consider matters of confidential concern to the City as authorized by the Brown Act. Before convening into Closed Session, the Mayor shall publicly announce the purpose for the Closed Session, by Title of Item Only, the estimated time when the Closed Session will conclude, and whether the Council will reconvene to take action. (Prior to adjournment into Closed Session, the public may speak up to three (3) minutes on items to be addressed in Closed Session).

A Closed Session may be extended to a later time by announcement of the Mayor. Nothing in this section shall require or authorize a disclosure of information prohibited by State or Federal law. The Brown Act requires all Council action to be discussed and taken in open session, except for specified and limited exceptions such as personnel matters, real property negotiations, and pending or threatened litigation. Closed Sessions are typically held at the end of the regular Council meeting and, if needed, can be continued to the next regular meeting. It shall be at the discretion of the Mayor, City Manager and/or City Attorney to schedule a closed session at the Conclusion of Meetings:

City Council meetings will conclude no later than 10:30 p.m., unless this provision is waived by unanimous vote of the Council. Consideration of the agenda matter then on the floor may be continued beyond 10:30 p.m. by unanimous vote of the Council. In the event the remaining agenda cannot be concluded at any meeting by 10:30 p.m., the Agenda Review Committee will reschedule the remaining items for a future City Council meeting, with a preference for the next regularly scheduled Council meeting. In the event that the remaining agenda items include public hearings, the City Council shall, upon majority approval, continue the public hearing to a definite time and place, and notice of such continued hearing will be given as provided by statute. In the alternative, the City Council may, by majority vote, schedule a Special City Council Meeting to a definite time and place, and notice of such continued meeting will be given as provided by statute.

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No new agenda business shall be considered after 10:30 pm without agreement from unanimous vote of the Council. If there is unanimous vote to continue the meeting beyond 10:30 pm, said meeting will be extended up to one additional hour or 11:30 pm and will not continue beyond that time. 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, remaining items shall be rescheduled as specified above.

If there is no unanimous vote of the Council, the meeting will end at 10:30 pm as noted above.

Televised/Tapings:

Council meetings will be broadcast live on Livestream and/or virtual format (currently zoom) which can be accessed through the City's web site. Council meetings will also be stored to Live Stream and the City Web site for one year in compliance with the City's Records Retention Policy.

The Administrative Service Department in consultation with the City Clerk's office is responsible for contracting for IT recording all regular Council meetings except for those portions of the meeting conducted in Closed Session. Recordings are available and archived for one year.

Any person attending an open and public meeting of the Council shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera in the absence of a reasonable finding by the Council that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings.

Adjourned Meetings
As permitted by law, the Council may adjourn any regular or adjourned regular meeting to a time, place, and date specified in the order of adjournment but not beyond the next regular meeting. If no time is stated in the order of adjournment, it shall be the same time as for a regular meeting.

Emergency Meetings
In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities such as:
• Work stoppage or other activity 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 legislative body may hold an emergency meeting without complying with either the 72-hour or 24- hour notice and posting requirements for regular and special meetings, butshall otherwise comply with the Brown Act procedures generally stated below.

Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to the Brown Act, shall be notified by the presiding officer of the legislative body, or designee thereof, at least one hour prior to the emergency meeting, or in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the emergency meeting. This notice shall be given by telephone call to the numbers provided in the most recent request for notification or by email (if available). In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee of the legislative body,shall notify those newspapers, radio stations, or television stations of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.

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During an emergency meeting, the legislative 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 meeting requirements in the Brown Act shall be applicable to an emergency meeting, with the exception of the 24-hour notice and posting requirement.

The minutes of an emergency meeting; a list of Council persons attending, the presiding officer of the legislative body, or designee of the Council, notified or attempted to notify; a copy of the roll call vote; and any actions taken at the meeting, shall be posted for a minimum of ten days in a public place as soon after the meeting as possible.

Teleconferenced Meetings: Brown Act Requirements
Members may participate in meetings remotely only as allowed by the Brown Act.

Meetings to be Public
All regular, adjourned, and special meetings ofthe City Councilshall be open and public and held in accordance with the Ralph M. Brown Act (Government Code sections 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 meetings of public governing bodies and the need for confidential candor, debate and information gathering.

Attendance
Councilmembers are expected to attend all meetings of the City Council. Pursuant to Government Code section 36513, if a Councilmember is absent from all regular City Council meetings for sixty (60) days consecutively from the last regular meeting he/she attends, their office becomes vacant and shall be filled as any other vacancy.

Councilmembers are expected to be present at the start of the meeting, work from the agenda presented, and be attentive and prepared for the agenda item.

If a Councilmember will be absent from the meeting, the Councilmember shall notify the City Clerk of such absence as soon as possible prior to the meeting.

Cancellation of Regular Meetings
Any meeting of the Council may be cancelled in advance by the Agenda Review Committee The Mayor may cancel a meeting in the case of an emergency, when a majority of members have confirmed in writing their unavailability to attend a meeting, when there is not a quorum at the start of the meeting, or when the agenda is such that cancelling the meeting would not interfere with normal operations of the City. Cancelled meetings 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 constitute a quorum and shall be sufficient to transact business (other than in the case of an emergency meeting). If less than three (3) Councilmembers appear at a regular meeting, the members attending shall adjourn the meeting to a stated day and hour.

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At City Council Meetings, Council shall:
• Value each other's time
• Attempt 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 action of the Council • Respect each other's opportunity to speak and, if necessary, agree to disagree • Avoid offensive negative comments and shall practice civility and decorum during discussions and debate
• Assist the presiding officer's exercise of the affirmative duty to maintain order • Shall make the public feel welcome
• Be respectful, and without prejudice toward the public • Listen courteously and attentively 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 Meetings, City Staff shall:
• prepare well-written staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparation schedule as listed in City Council Policy Number 6 • be available for questions from members in accordance with the Brown Act prior to and during meetings
• respond to questions from the public during meetings only when requested to do so by Mayor or the City Manager
• refrain from arguing with the public or staff members, or consultants; • switch any electronic equipment such as pagers and cellular telephones to silent or off mode during Council meetings with the exception of Key City staff as determined by the City Manager or City Manager designee;
• Staff shall remain objective on issues and should not be advocates for issues unless so directed by the legislative body;
• To the extent permitted 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 attached to City Council Policy Number 6.

RULES OF CONDUCT
Obtaining the Floor
Every Councilmember desiring to speak will first address the Presiding Officer and gain recognition 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 Motion
At the Presiding Officer's discretion, items on the agenda may be discussed before asking for a motion and second. The Presiding Officer or any Councilmember can bring or second a motion. Before the matter can be considered or debated, it must be seconded. Once a motion has been properly made and seconded, the Presiding Officer may open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Councilmember properly recognized by the Presiding Officer.

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It is a courtesy, but not required, to allow other Councilmembers to move and second motions, and for the Presiding Officer to be the last to debate a motion. Once the matter 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 explain their vote prior to the vote being cast.

Voting:

The Presiding Officer, Councilmember, request that the Mover of the Motion or City staff verbally restate each motion immediately prior to calling for the vote. The Presiding Officer in their discretion 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 meeting when a question comes up for a vote,shall vote for or against the measure unless he/she is disqualified from voting and required to recuse themselves because of such disqualification, or choose to abstain. It shall be at the Mayor's discretion for the order of the vote, but typically the City Clerk shall call for the vote in alphabetical order, starting with the first letter of the last name, except that the vice-mayor shall be the penultimate vote, and the mayor the ultimate vote. The results reflecting all "ayes" and "noes" must be clearly set forth for the record. No Councilmember shall be allowed to change their vote after an item has been closed.

Tie Votes - A tie vote results in a lost motion. In such an instance, any member of the Council may offer a motion for further action. If there is no action by an affirmative vote, the result is no action. If the matter involves an appeal, and an affirmative 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 Agenda Review Committee reschedule the item for a second vote with the entire Council present when the Council has a tie vote and the motion fails.

Abstention: If a Councilmember recuses because of a conflict arising under the Political Reform Act of 1974, he/she is not counted as present for quorum purposes and is not deemed to be "voting" for purposes of determining whether there has been a "majority vote of those members present and voting"; When a Councilmember recuses or excuses them self from a portion of a Council meeting because of a conflict of interest arising under the Political Reform Act, the Councilmember muststate on the record the nature of the conflict. The inclusion of this information in the public record is required by law.

If a Councilmember abstains for any reason other than a conflict of interest arising under the Political Reform Act, he/she is counted as present for quorum purposes and is not deemed to be "voting" for purposes of determining whether there has been a "majority vote of those members present and voting." A Councilmember who publicly announces that he/she is abstaining from voting on a particular matter may not subsequently withdraw their abstention.

The vote will be announced by the Presiding Officer or City staff in compliance with State law.

Types of Motions
When the following motions are made and seconded, the Presiding Officer must immediately call for a vote of the body without debate on the motion. Motions carry with the designated vote requirement:

Motion to adjourn [Simple Majority Vote]. This motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting.

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Motion to recess [Presiding Officer or Simple Majority Vote]. This motion, if passed, requires the body to immediately take a recess. In the event of a meeting disruption, the PresidingOfficer can unilaterally call a recess. Normally, the Presiding Officer determines the length of the recess.

Motion to set the time to adjourn [Simple Majority Vote]. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion.

Motion to table [Simple Majority Vote]. This motion, 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 motion). In order to bring the matter back before the City Council, a member must move to table the item and that the motion should contain an exact or approximate date in which the item will come back to the Council. If no timeframe is given in the motion, the item tabled dies, although it can be raised later as a new motion.

Motion to limit debate [Two-Thirds Vote]. This is a motion to end debate or set a time limit on the debate for a given agenda item. When such a motion is made, the Presiding Officer should ask for a second, stop debate, and vote on the motion to limit debate.

Motion to close nominations [Two-Thirds Vote]. When choosing officers of the Council (such as the Mayor and Vice-Mayor), nominations are received from one of the Councilmembers. Nominations can be closed by a vote of the Council. This may be changed depending upon Mayor/Vice Mayor selection policy.

Motion to object to the consideration 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 motion can be made when the item is first called
Motion to Move Previous Question [Two-Thirds Vote]: Any Councilmember may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A 2/3 vote is required for passage.

Motion to Postpone to Time Certain [Simple Majority Vote]. Any Councilmember may move to postpone the pending main motion to a future date as determined by the Council at the time the motion is passed.

The motion must be seconded and requires a majority vote for passage.

Motion to Commit or Refer [ Majority Vote]. Any Councilmember may move that the matter being discussed should be referred to a committee, board or commission for further study. The motion must be seconded and requires a majority vote for passage. The motion may contain directions for the committee, board or commission, as well as, a date upon which the matter 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 time, to require the item be returned to the agenda. The motion 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 time the motion to return is made.

Motion to Amend [Majority Vote]. Any Councilmember may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to amendments must first be acted upon. A motion to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main motion or amendment to which it is directed.

Any amendment which substitutes a new motion rather than amending the existing motion is out of order and may be so declared by the Presiding Officer. A motion to amend is not necessary if the maker of the motion (and the member who seconded the motion, if any) voluntarily agree to change the original motion.

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The following actions by the Council are to ensure orderly conduct of meetings and for the convenience of the Mayor and Councilmembers. These motions take precedence over any pending main or subsidiary motion and may or may not be debated as noted.

Question of Privilege. Any Councilmember, at any time during the meeting, may make a request of the chair to accommodate the needs of the council or their personal needs for such things as reducing noise, adjusting air conditioning, ventilation, lighting, etc. Admissibility of question 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 dissatisfied with a ruling from the chair, he/she may move to appeal the ruling to the full Council. The motion must be seconded to put it before the Council. A majority vote in the negative or a tie vote sustains the ruling of the chair. The motion is debatable and the chair may participate in the debate. For example, if the chair determines a member of the public is making a comment on an impermissible topic and ends their opportunity to speak, another member may appeal that decision.

Suspend the Rules. Any Councilmember may move to suspend the rules if necessary, to accomplish a matter that would otherwise violate the rules. The motion requires a second and a 2/3 vote is required for passage. For example, if a member wanted to take an agenda item out of order, and the mayor did not exercise their authority to rearrange items, a member could make a motion to suspend the rules and immediately consider the identified agenda item.

Division of Question. Any Councilmember may move to divide the subject matter of a motion which is made up of several parts in order to vote separately on each part. The motion requires a second and a majority vote for passage. This motion may also be applied to complex ordinances or resolutions.

Reconsider. Except for votesregarding matters which are quasi-judicial in nature or matters which require a noticed public hearing, the Council may reconsider any vote taken at the same session, to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. The motion 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 motion being reconsidered. A motion to reconsider is not necessary to an item already decided by the Council to be scheduled for further consideration by the Council in accordance with the agenda setting protocol.

If the motion to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting.

Rescind. Repeal or Annul. The Council may rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law.

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Authority of The Chair. Subject to appeal, the chair shall have the authority to prevent the misuse of the legitimate form of motions, or the abuse of privilege of renewing certain motions, to obstruct the business of the Council by ruling such motions out of order. In so ruling, the chair shall be courteous and fair and should presume that the moving party is making the motion in good faith.

PUBLIC HEARINGS:

Public hearings are generally held following adoption of the consent agenda, public comment period, and informational presentations (unless the agenda has been reordered). 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 matter for which the public hearing is being held and are limited to two (2) minutes, unless a shorter or longer period is permitted by the Mayor. Written comments are permitted prior to and during the public hearing, and should be submitted to the City Clerk before the public hearing is closed.

Written documents will be entered into the file but will not be read aloud. After the public hearing is closed, no member of the public shall be permitted to address the Council orstaff on that specific issue.

Public notices related to public hearings, including but not limited to special council meetings, budget approval, annexations, and street vacations are published by the City Clerk in the legal section 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 Consideration. Matters noticed to be heard by the Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.

Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the council at any meeting of the Council may, by order or notice of continuance, be continued or recontinued to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order· or notice of continuance was adopted or made.

Public Discussion at Hearings. When a matter for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any motion 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 matter. Any person desiring to speak or present evidence shall make their presence known to the Mayor and upon being recognized by the Mayor, the person may speak or present evidence relevant to the matter being heard.

No person may speak without first being recognized by the Mayor. Members of the Council who wish to ask questions of the presenter, applicant , staff or each other, during the public hearing portion may do so but only after first being recognized by the Mayor. The Mayor shall conduct the meeting in such a manner as to afford due process.

All persons interested in the matter being heard by council shall be entitled to submit written 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, limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed as set forth in these rules.

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Consideration of Question by Council. After 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 disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed, without consent of the Mayor, to speak further on the question during this period of deliberation, although the Councilmembers may ask questions of the speakers if so desired.

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 the entire consent calendar, or regular agenda items where the City Council will be taking some action is limited to no more than two (2) 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 questions posed by members of the public; • ask questions for clarification;
• provide a reference to staff or other resources for factual information or response; • request staff to report to the council at a subsequent meeting; • 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 or to speak when called upon utilizing the City’s virtual format (currently Zoom) 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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In accordance with the Brown Act, comments that exceed the established time limit\ may be ruled out of order by the Presiding Officer. The Mayor shall be authorized to limit disruptive 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 meeting. Persons who violate this rule may be barred from attendance for the remainder of the Council meeting, provided that the Mayor has notified 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 continue to disrupt the Council meeting. If after notification and warning the person persists in disrupting the meeting, the Mayor shall order the person to leave the Council meeting. If the person does not remove himself or herself, the Mayor may request any law enforcement officer who is on duty at the meeting 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 citizen requests, the Mayor may issue proclamations in declaration or recognition of a special event, organization or person. . At this time, the Mayor may request a City Councilmember(s) read the Proclamation into the record. The proclamation may not be read in its entirety and is up to the discretion of the Mayor.

CITY CORRESPONDENCE:

The Mayor is typically charged with transmitting the City's position on policy matters 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 letterhead and receive prior approval from a majority of the City Council. Individual Councilmembers may initiate correspondence for their own purpose using letterhead that identifies only themselves as a Councilmember. All Councilmember correspondence using City resources will be copied to the full Council consistent with the requirements of the Brown Act.

Individual Councilmembers may occasionally prepare letters for constituents in response to inquiries, or to provide requested information. City letterhead is available for this purpose as stated above. , If any Councilmember receives an email sent directly to their 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 distribution by the City Clerk to the full Council, consistent with any Brown Act requirements.

On occasion, Councilmembers may wish to share an opinion on an issue on which the Council has yet to take a position, or about an issue for which the Council has no position. 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 letterhead or Council titles for personal or political purposes.

External Communication.

The Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office.

Signing of Documents
The Mayor shall sign all ordinances, resolutions, and other documents necessitating their signature, which were adopted by a quorum of the City Council, unless signature authority has been delegated in the adopting action.

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Outside Activities:

Councilmember Participation in Community Activities: From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. If asked to speak or comment at a public event, Councilmembers should state that they are acting as interested parties rather than acting on behalf of the City Council.

Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.

Serial Meetings:

Serial meetings are meetings that at any one time involve only a portion of a legislative body, but eventually involve a quorum. Serial meetings yield a process which deprives the public the opportunity for a meaningful contribution to the decision-making process.

Serial meetings may be a chain, in which member A contacts or emails member B, B then contacts C, C contacts D, and so on, until a quorum is involved. To avoid the potential of serial meetings, 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 "collective concurrence as to action to be taken" is reached, the Brown Act is violated.

Councilmembers are encouraged to consider the possibility of serial meetings when engaging in discussion with their colleagues on a matter within the subject jurisdiction 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 or co sponsors an event. All authorized use of the City's logo shall be in writing,shall indicate the specific use allowed, and shall include the words "Any other use of this logo is prohibited".

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City Process
Arcata 8.6—Placing Items on the Agenda
A. City Council Agenda Planning
Any Councilmember may request that an item be placed on a City Council agenda by submitting a written request to the City Manager or City Clerk. The written request must, at a minimum, contain all of the following:

1. A substantive outline or summary of the information that will be presented to the City Council;

2. A concise statement of the specific action the City Council will be asked to take on the item; and,

3. A statement of the reasons why the requesting party believes it is appropriate and within the jurisdiction of the City Council to consider this subject matter and to take the requested action.

All matters to be presented to the City Council at its regular meetings are reviewed by the Mayor and City Manager. The item shall be placed on the agenda as soon as possible with consideration for scheduling issues.

Berkeley Procedure for Bringing Matters Before City Council

1. Persons Who Can Place Matters on the Agenda.

Matters may be placed on the agenda by the Mayor or any Councilmember, the City Manager, the Auditor, or any board/commission/committee created by the City Council. All items are subject to review, referral, and scheduling by the Agenda & Rules Committee pursuant to the rules and limitations contained herein.

The Agenda & Rules Committee shall be a standing committee of the City Council.

The Agenda & Rules Committee shall meet 15 days prior to each City Council meeting and shall approve the agenda of that City Council meeting. Pursuant to BMC Section 1.04.080, if the 15th day prior to the Council meeting falls on a holiday, the Committee will meet the next business day. The Agenda & Rules Committee packet, including a draft agenda and Councilmember, Auditor, and Commission reports shall be distributed by 5:00 p.m. four days before the Agenda & Rules Committee meeting.

The Agenda & Rules Committee shall have the powers set forth below.

Items Authored by the Mayor, a Councilmember, or the Auditor. a) As to items authored by the Mayor, a Councilmember, or the Auditor, the Agenda & Rules Committee shall review the item and may take the following actions:
b) Refer the item to a commission for further analysis (Primary Author may decline and request Policy Committee assignment). c) Refer the item to the City Manager for further analysis (Primary Author may decline and request Policy Committee assignment).
d) Refer the item back to the Primary Author for adherence to required form or for additional analysis as required in Section III.B.2 (Primary Author may decline and request Policy Committee assignment).

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e) Refer the item to a Policy Committee.
f) Schedule the item for the agenda under consideration or one of the next three full Council agendas.

For referrals under Chapter III.C.1.a.i, ii, or iii, the Primary Author must inform the City Clerk within 24 hours of the adjournment of the Agenda & Rules Committee meeting whether they prefer to:
re-submit the item for a future meeting with modifications as suggested by the Agenda & Rules Committee; or pull the item completely;
or re-submit the item with revisions as requested by the Agenda & Rules Committee within 24 hours of the adjournment of the Agenda & Rules Committee meeting for the Council agenda under consideration; or accept the referral of the Agenda & Rules Committee in sub paragraphs III.C.1.a. i, ii, or iii, or request Policy Committee assignment.

If the Primary Author requests a Policy Committee assignment, the item will appear on the next draft agenda presented to the Agenda & Rules Committee for assignment.

In the event that the City Clerk does not receive guidance from the Primary Author of the referred item within 24 hours of the Agenda & Rules Committee’s adjournment, the item will appear on the next draft agenda for consideration by the Agenda & Rules Committee.

Items held for a future meeting to allow for modifications will be placed on the next available Council meeting agenda at the time that the revised version is submitted to the City Clerk.

Items Authored by the City Manager.

The Agenda & Rules Committee shall review agenda descriptions of items authored by the City Manager. The Committee can recommend that the matter be referred to a commission or back to the City Manager for adherence to required form, additional analysis as required in Section III.B.2, or suggest other appropriate action including scheduling the matter for a later meeting to allow for appropriate revisions.

If the City Manager determines that the matter should proceed notwithstanding the Agenda & Rules Committee’s action, it will be placed on the agenda as directed by the Manager. All City Manager items placed on the Council agenda against the recommendation of the Agenda & Rules Committee will automatically be placed on the Action Calendar.

Items Authored by Boards and Commissions.

Council items submitted by boards and commissions are
subject to City Manager review and must follow procedures and timelines for submittal of reports as described in the Commissioners’ Manual. The content of commission items is not subject to review by the Agenda & Rules Committee unless referred for policy review to the Agenda & Rules Committee.
i) For a commission item that does not require a companion report from the City Manager, the Agenda & Rules Committee may act on an agendized commission report in the following manner:

1. Move a commission report from the Consent Calendar to the Action Calendar or from the Action Calendar to the Consent Calendar.

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2. Re-schedule the commission report to appear on one of the next three regular Council meeting agendas that occur after the regular meeting under consideration. Commission reports submitted in response to a Council referral shall receive higher priority for scheduling.

3. Refer the item to a Policy Committee for review.

4. Allow the item to proceed as submitted.
ii) For any commission report that requires a companion report, the Agenda & Rules Committee may schedule the item on a Council agenda. The Committee must schedule the commission item for a meeting occurring not sooner than 60 days and not later than 120 days from the date of the meeting under consideration by the Agenda & Rules Committee. A commission report submitted with a complete companion report may be scheduled pursuant to subparagraph c.i. above. d) The Agenda & Rules Committee shall have the authority to re-order the items on the Action Calendar regardless of the default sequence prescribed in Chapter III, Section E.

Submission of Agenda Items.
a) City Manager Items. Except for Continued Business and Old Business, as a condition to placing an item on the agenda, agenda items from departments, including agenda items from commissions, shall be furnished to the City Clerk at a time established by the City Manager.
b) Council and Auditor Items. The deadline for reports submitted by the Auditor, Mayor and City Council is 5:00 p.m. on Monday, 22 days before each Council meeting.

Time Critical Items.

A Time Critical item is defined as a matter that is considered urgent by the sponsor and that has a deadline for action that is prior to the next meeting of the Council and for which a report prepared by the City Manager, Auditor, Mayor or Councilmember is received by the City Clerk after established deadlines and is not included on the Agenda & Rules Committee’s published agenda.

The Primary Author of the report shall bring any reports submitted as Time Critical to the meeting of the Agenda & Rules Committee.

Time Critical items must be accompanied by complete reports and statements of financial implications. If the Agenda & Rules Committee finds the matter to meet the definition of Time Critical, the Agenda & Rules Committee may place the matter on the Agenda on either the Consent or Action Calendar.
d) The City Clerk may not accept any agenda item after the adjournment of the Agenda & Rules Committee meeting, except for items carried over by the City Council from a prior City Council meeting occurring less than 11 days earlier, which may include supplemental or revised reports, and reports concerning actions taken by boards and commissions that are required by law or ordinance to be presented to the Council within a deadline that does not permit compliance with the agenda timelines or these rules.

Cloverdale Placing an Item on an Agenda – There are a number of mechanisms for placing an item on a Council meeting agenda.

1. The City Manager places items on the agenda pertaining to City operations.

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workload constraints. If the item is not able to be scheduled on the intended agenda, the City Manager will notify the Subcommittee members of the delay.

3. When a Councilmember wishes to initiate a policy item for Council discussion, there are two approaches:
a. Raise the topic under the “Council Direction on Future Agenda Items” section of a meeting. So long as there is general consensus or at least three Council members wishing to discuss the topic, the Council will refer it to a Subcommittee. In order to avoid a quorum of Council, the initiating Councilmember will write a summary of the issue and forward it to the Subcommittee so that the Subcommittee has sufficient background information on the topic.
b. Discuss the topic with the Mayor who, if s/he agrees it should be agendized, will coordinate with the City Manager its placement on an upcoming agenda.

4. When a Councilmember through his/her responsibility as a representative on a regional or state board or committee requires feedback from Council on a pending policy issue to be discussed by that body, he/she will coordinate with the City Manager its placement on an upcoming agenda.

Cotati The City Council Agenda is set by the Mayor in consultation with the City Manager. Individual City Councilmembers can request to have an item placed on the agenda during Direction on Future Agenda Items. Unless there is an objection to the item by a Councilmember, the Mayor and City Manager can mutually agree to place the item on the agenda at a future date, or will refer the item to the full Council for a determination on whether or not to include the item on a future City Council agenda. A vote of a majority of a quorum of the Council will qualify an item to be placed on a future agenda at a date to be set by the Mayor in consultation with the City Manager. To the extent possible, Councilmembers should identify items they would like to see included on City Council agendas through the City’s annual Strategic Planning process, as new work may displace other work programmed through Strategic Planning.

DIxon Any member of the City Council may place an item on a future agenda by making a formal request to the City Manager at a meeting of the City Council. The City Manager will place City Council items on a future City Council agenda when reasonable based on the staff time and research necessary to prepare the item for City Council consideration.

Hayward Any Council member may bring forward a Council Referral Memorandum (Memo) on any topic to be considered by the entire Council and generally falling within the purview of the City Council and the City. Council Referral Memorandums must have a total of two (2) Council member signatories (original author and one other) in order to be placed on the agenda.

Council members wishing to refer a matter to the City Council for discussion will:

A. Prior to preparing a Council Referral Memo, Council members can consult with the appropriate Council Appointed Officer to identify the details of the idea, learn about past actions taken on the topic, and to determine whether the issue can be addressed as part of existing operational authority and with current budgeted resources.

B. The Referring Council Member will submit a Council Referral Memo (not to exceed two pages) describing the Referral. The Council Referral Memo can outline the policy issue, overall outcome or desired objective, root cause of the issue and how this approach will address it, past approaches to this issue (if any) and why this new approach is needed, desired timeline, whether a Council Committee should consider and discuss the matter, identification of key stakeholder groups that might need to be consulted, and/or other pertinent information that will clarify for Council and staff the policy issue desired for Council discussion.

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C. The Referring Council Member will notify the City Manager, or the City Manager's designee, via telephone, email, or in person and convey that the Council member has a Council Referral Memo to place on the agenda and the desired Council meeting date.

Referral memos must be submitted by 8 p.m. Wednesday, at least two weeks prior to the requested agenda date. Requests received after this deadline will be placed on the agenda for the following regularly scheduled Council meeting.

• For example, ifJune 15 is the requested Council meeting date, the Referral Memo must be submitted by 8 p.m. on Wednesday, May 26
D. Once the Referral Memo is received, the City Manager will work with the appropriate staff to prepare a brief workload impact analysis of the Referral Memo (1-2-page report), highlighting any key issues for Council consideration. This analysis would consider the Referral in the context of the City's Strategic Roadmap, General Plan, or other workload/priority documents. Staff could also identify a preliminary timeline for full analysis, consideration, and implementation of the issue raised by the Referral Memo. The staff analysis would be attached to the Referral Memo and included in the agenda packet.

E. A staff analysis report may not always be necessary for every Referral Memo and will be included at the discretion of the City Manager. In addition, the Referral Memo could be agendized for an earlier Council date if the staff analysis is completed sooner or is not needed. Items that do not require significant resources, such as resolutions or items related to a City-declared emergency or time sensitive issue, may be handled in an expedited manner, e.g., adopted by Council the same evening the Referral Memo is introduced.

Council Consideration of the Council Referral Memo:

A When the item is called at the Council meeting, the Referring Council Members who made the request may describe the policy issue the Council Members wish to have considered.

8. The Council discussion will be limited to determining whether staff time and City resources should be devoted to conducting further analysis on the item. Council will not take action on the agenda item itself unless the item does not require further research or analysis by staff. The staff analysis memo may highlight the next steps needed for a Council Referral Memo and could also discuss possible referrals to Council Committees or other Boards or Commissions. Additionally, the Council may, at any time, decide to drop the matter, even after the matter has been analyzed by staff.

C. Upon the concurrence of a majority of the Council that the item should be further researched, referred to a Council Committee, staff, or closed session, depending on the topic and/or action sought by Council, the City Manager will move forward with the appropriate implementation steps. The City Manager will maintain a log of such referrals, the date of the referrals, and the projected dates the referred matter will be agendized for further consideration.

D. Council member comments on Council Referral items are limited to clarifying questions and whether or not staff resources should be spent researching the issue and whether or not Council member(s) support referring the item to a Council Committee, staff, or placed on a future Council agenda. No substantive discussion on the item will be held at this initial stage of the Council referral.

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E. If a member of the public wishes to address the Council on Council Referrals, public comments will be limited to one (1) minute per person to relay to Council whether or not they support staff spending resources researching the item and placing it on a future Council agenda.

F. The Mayor / Presiding Officer will ask one of the submitters of the Council Referral Memorandum to make a Motion, ask for a second, and then take roll call vote.

Healdsburg Placement of Items on Upcoming Agendas by Councilmembers Councilmembers may make a request during “Council Reports” to add an item to a subsequent meeting agenda. Any discussion will be limited to a determination of whether the item will be placed on an upcoming agenda. If a majority of the Council Members concurs, the item will be placed on an upcoming agenda for discussion.

At the subsequent meeting, discussion on the matter will focus on the subject matter to be agendized, including: the details of the Council’s request; staff time required to research the matter and prepare the staff report; other priorities; and timeline of when the item would be placed on the agenda. No staff report shall be prepared for this discussion, and the primary purpose is for the Council to provide direction to staff. The item will be discussed, and a staff report presented, at a subsequent meeting.

Lodi Placing Items on the Agenda
Pursuant to LMC Section 2.04.180 “Preparation of agendas,” matters may be placed on the agenda for consideration by request of 1) any member of the City Council, 2) the City Manager, 3) the City Clerk, and 4) the City Attorney. Any reasonable request by any person named in this section shall be honored, subject to the City Manager's discretion as to the preparation of accompanying staff reports.

Requests from the public to place an item on the agenda are to be directed to the City Clerk’s Office and shall be handled in the following manner:
• Proclamation/Certificate – All requests for proclamations and certificates are subject to approval of the Mayor and are typically honored only if a local representative from the requesting agency can appear to accept the certificate. • Presentations – Most requests for presentation by civic groups and local organizations and requests for recognition of Eagle Scouts or for excellence in academics, athletics, etc. shall be honored and placed appropriately under the “Presentations” segment of the agenda.
• Item for Discussion/Action – Requests by members of the public to place an item for discussion or action on the agenda shall be directed to the appropriate City department for proper handling. In the event it cannot be handled in this manner, the individual requesting the action should submit in writing his/her specific request either directly to the City Council or to the City Clerk who will then forward to the City Council, City Manager, City Attorney, and appropriate Department. Members from the public are also encouraged to attend a City Council meeting to make their request for an agenda item under the “Comments by Public on NonAgenda Items” segment of the agenda.

Ojai The City Manager, in consultation with the Mayor or presiding officer, sets the agenda for each Council Meeting.

The City Manager, subject to the approval of the Mayor or presiding officer, determines which items are placed on the Council agenda and the timing for scheduling such items, unless otherwise directed by a majority vote of the Council.

Two or more Council Members may also request that an item be agendized. The Mayor shall then, in consultation with the City Manager, place the item on a meeting agenda, in a reasonable timeframe as staff workload permits.

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Orinda Agendas for regular and special meetings shall be established by the City Manager, who shall consult with the Mayor concerning the sequence of agenda items and other procedural matters.

To place an item on a future agenda, a Council member (including the Mayor) may make a motion to that effect during the Matters Initiated agenda item. In addition, a Council member (including the Mayor) may, at any time during a meeting, make a motion to place an item on a future agenda, if the item proposed for future consideration arises in relation to an item on the current agenda.

If the motion to place an item on a future agenda is seconded and approved by a majority vote of those Council members present, the proposed item will be placed on a future agenda. If the motion is silent regarding timing, the proposed item will be placed on a future agenda at the earliest appropriate time, as determined by the City Manager and Mayor. If the motion provides specific direction regarding timing, the proposed item will be placed on a future agenda consistent with that direction. No discussion of the subject of the motion may occur except to explain the general nature of the item, including the issue of timing for Council’s consideration of the item.

Palo Alto The Mayor and Vice Mayor Should Work with Staff to Plan the Council Meetings There are three purposes to the pre-Council planning meeting: 1) to plan how the meeting will be conducted, including review of approximate time allocation of Staff Report presentations and to ensure adequate time for large complex items; 2) to identify any issues or questions that may need greater staff preparation for the meeting; and 3) to discuss future meetings.

Consideration in building the agenda should be given to the potential length of the meeting and at what point items of significant public concern may be heard.

The purpose of the meeting is not to work on policy issues. Normally, only the Mayor and Vice Mayor are invited and expected to attend the pre-Council meetings with the City Manager, other CAOs, and department managers. The Mayor and Vice Mayor’s role is to represent the interest of the entire Council.

Pasadena The City Clerk shall prepare, in consultation with the Mayor, City Manager, and City Attorney, an agenda for each meeting of the City Council, specifying the time and place of the meeting, and setting forth a brief general description of each item of business to be considered by the City Council at such meeting.

An item may be placed on a future agenda of the City Council by any of the following methods:

1. By the Mayor, City Manager, City Attorney, or City Clerk.

2. By a vote or consensus of the City Council.

3. By any member of the City Council submitting a request for an agenda item to the Mayor or City Manager, with the timing to be determined based on the orderly placement of the item for consideration.

4. By any member of the City Council submitting a written request for consideration of a future agenda item with the City Clerk. It shall be the Mayor's determination of the orderly placement of the request on a regular meeting agenda but not more than 45 days from receipt by the City Clerk. Consideration of the request shall be subject to approval by a vote of the City Council.

All agenda items shall be placed on the agenda, and all agendas shall be prepared pursuant to the requirements of the Ralph M.

Brown Act (California Government Code Sections 54950 et seq.).

Petaluma City Manager sets agenda. City Councilmembers can add an item for discussion to be considered for a future agenda item with signatures from the originator + one councilmember.

ATTACHMENT NUMBER 5 Agenda Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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Placerville City Council: Any Councilmember may request an item be placed on a future agenda. Agenda items are due to the City Clerk by Tuesday preceding the Council Meeting. In order to research and prepare a staff report for agenda items, requests for adding items to the agenda should be given to staff as early as possible and in no case later than the 5:00 p.m. deadline on Tuesday. This allows staff the time to put the agenda together and distribute to Council in a timely manner. Under normal circumstances, Councilmembers should make a request to add something to the agenda during the “Councilmember Reports/Items Initiated by a Councilmember” portion of a meeting.

Members of the Public: A member of the public may request an item be placed on a future agenda during public comment, through other communication with Councilmembers, or through a written request to the City Manager. If there is concern whether or not an item should be on the agenda, it should be brought before the Council for consideration to be placed on a future agenda and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager, or his/her designee.

Rohnert Park City Manager in consultation with the Mayor sets the agenda.

With respect to other Councilmembers adding items, if they bring up the issue to the City Manager, City Manager evaluates it and determine if this is something to bring up to the Council. City Manager usually will consult with the Mayor to avoid any surprises.

Santa Rosa A long-range calendar that reflects an estimate of when items will be scheduled appears on every City Council agenda. Staff is required to submit reports for a Tuesday Council meeting to the City Clerk by Noon on Monday 15 days prior to the meeting in order to allow for development of a preliminary agenda and a current agenda. A copy of the draft agenda is reviewed with the Mayor and City Manager for review on the Thursday prior to the meeting. Department Heads and the City Manager review and change as appropriate at a standing meeting held Thursdays at 8:00 a.m., followed by a meeting with the Mayor, City Manager, and City Attorney at 11:00 a.m. All agenda packets are delivered on Friday, unless it is a holiday in which case the packets shall be delivered on Thursday.

Given this agenda development schedule, it is usually extremely difficult when Council requests at a Tuesday meeting that a report be prepared for consideration the following week. For this reason, it will usually require at least two weeks for the preparation of a report requested by the City Council. Complex reports, of course, will require more time to prepare, and an estimated time of completion can be provided to the City Council.

Sonoma City Manager stated he largely sets the agendas. The Mayor provides input Windsor The Clerk and City Manager meet with the Mayor and Vice Mayor weekly to look at forward calendar.

City Manager participates in the agenda setting meetings with the Mayor and work with all Executive Team members to layout the timing for forward agenda items and add them to the forward calendar.

The Attorney approves all agendas before posting and is available for guidance during executive meetings and as needed.

The Mayor is the official approver of the agenda at the meetings as stated.

Council can request items be put on the agenda at the end of a Council meeting under future council items section. (two members or more need to agree to the request to add an item)
ATTACHMENT NUMBER 5 Agenda Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 5 Agenda Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices.

City Council Policy for Agenda PreparaƟon Agenda Review CommiƩee Standing CommiƩee
MeeƟngs will In Person Only or In Person /Zoom Format and/and not Recorded?Agenda Review CommiƩee MeeƟngs are In Person Only MeeƟngs
PURPOSE:    To establish guidelines for City Council Agenda PreparaƟon 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 preparaƟon and placement of items on a City Council Agenda.

PROCEDURE:

The Agenda Review CommiƩee is comprised of the Mayor and the Vice Mayor. CommiƩee staff include, the City Manager, the City AƩorney (when requested by a member of the CommiƩee), Assistant City Manager and the City Clerk. It shall be the responsibility of the Agenda Review CommiƩee to prepare City Council agendas. Only the Mayor and Vice Mayor shall have the power to vote on the placement of items on the agenda, but shall consider feedback and recommendaƟons from other members of the Agenda Review CommiƩee.

The Agenda Review CommiƩee shall be considered a standing commiƩee and shall be subject to the requirements of the Brown Act. All meeƟngs of the Agenda Review CommiƩee shall be open and public, and all persons shall be permiƩed to aƩend any meeƟng of the Agenda Review CommiƩee.

When scheduling items for City Council meeƟngs, the Agenda Review CommiƩee should consider the number of items being placed on each agenda and the esƟmated Ɵme that each item requires. Staff should strive to provide detailed informaƟon to the CommiƩee to create well‐balanced agendas for all City Council meeƟngs throughout the year. Although there might be rare occasions where a long meeƟng is necessary, a series of long meeƟngs should be avoided by balancing the content of each agenda.

The order of specific public hearing and business items is determined by the Agenda Review CommiƩee based upon anƟcipated public interest, parƟcipaƟon of paid consultants, implementaƟon urgency/Ɵme sensiƟvity, and other related consideraƟons.

Agendas shall be formaƩed as shown on the aƩached exhibit; however, the Agenda Review CommiƩee has the authority to change the order of an agenda dependent upon projected length of an agenda item. At the City Council meeƟng, the Mayor may reorder items on the agenda to accommodate the public or to address other concerns.

The Agenda Review CommiƩee shall be considered a standing commiƩee and shall be subject to the requirements of the Brown Act. All meeƟngs of the Agenda Review CommiƩee shall be open and public, and all persons shall be permiƩed to aƩend any meeƟng of the Agenda Review CommiƩee.

Upon compleƟon ofthe preliminary agenda, the City Clerk shall forward DRAFT forward agenda/calendars to the City Council and Department Heads for informaƟon within 48 hours of compleƟon of the preliminary agenda.

The order of specific public hearing and business items is determined by the Agenda Review CommiƩee based upon anƟcipated public interest, parƟcipaƟon of paid consultants, implementaƟon urgency/Ɵme sensiƟvity, and other related consideraƟons.

Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices.

In preparing the agenda, the Agenda Review CommiƩee shall review requested agenda items for possible Council meeƟng date. A requestor of an agenda item shall include the preferred date of the City Council meet for the item to be heard.  All forward agendas reviewed by the Agenda Review CommiƩee shall include all known agenda items and preferred date of Council meeƟng.  The deadline for finalizing the agenda shall be no later than Tuesday (14 calendar days) Thursday (12 calendar days) prior to the City Council MeeƟng date) unless an item determined necessary for that agenda (aŌer approval of the final agenda) is requested to be placed on the Agenda.

If an item is proposed to be placed on the agenda aŌer finalizaƟon of an agenda, the request shall be submiƩed to the City Manager who may consult with the MayorIf an item is proposed to be placed on the agenda aŌer finalizaƟon of an agenda, the request shall be submiƩed to the City Manager, who will then forward it to the Agenda Seƫng CommiƩee for a final decision.” All draŌ staff reports with aƩachments are due to the City Clerk by 11:00 am on Tuesday, two weeks in advance of the scheduled meeƟng. Staff reports shall be in a standard format approved by the City Manager.

All final staff reports with aƩachments, scanned copy of the agenda item with all and one original agenda item with all aƩachments 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 meeƟng.

For all Council agenda items and packet:

NO LATER THAN 10:00 AM TWO WEEKS PRIOR TO A SCHEDULED COUNCIL MEETING, the requestor (the requestor could be a City Councilmember) or Responsible Department shall Provide:
 A copy of the agenda item in final draŌ form to departments as listed in the agenda item for review/approval; then
 AŌer approval from departments, provide a hard copy draŌ (paper copy) with signature template to the City Manager for review of agenda item; This includes ALL aƩachments;  Provide a draŌ word document  copy in email to the City Clerk;  City Manager to review draŌ report and provide comments /edits;  Once final approval is signed by the City Manager, prepare agenda item for City Council packet For Agenda Item SubmiƩal Prior to Deadline:

Any Councilmember or staff member who requests an item to be placed on the Agenda must submit their request in wriƟng (hard copy or email) to the City Clerk no later than twenty one (21) fourteen (14) calendar days prior to the meeƟng date to be considered by the Agenda Review CommiƩee and for agendas to be finalized. A copy of the request for agenda item for is aƩached for reference.

For Agenda Item SubmiƩal AŌer Deadline:

If an item is requested aŌer the deadline, the requesƟng Councilmember or staff member shall submit the item, as well as jusƟficaƟon for the request for an item to be placed onto the agenda aŌer the deadline. If an item is proposed to be placed on the agenda aŌer finalizaƟon of an agenda, the request shall be submiƩed to the City Manager who may consult with the Mayor.

At a minimum, the report must: (1) set forth a subject maƩer that reasonably describes the issue to be presented for consideraƟon by the City Council; and (2) the request shall contain aƩachments and/or informaƟon specific to the topic of the requested item. Councilmembers may request limited assistance from staff with obtaining copies of exisƟng 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 noƟfy the Agenda Review CommiƩee upon receipt of the request.

Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices.

The addiƟon 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.

The Agenda Review CommiƩee will evaluate the AŌer the Deadline request and determine if it is:
 A minor work task that is consistent with prior Council direcƟon or policy that can be accomplished with minimal resources and does not need further evaluaƟon; or  A more substanƟal work task that could affect established prioriƟes and needs further evaluaƟon and shall be reviewed for placement on the Council agenda for discussion.  If the proposal appears to be a substanƟal work task (such as more than two hours of research Ɵme required by staff) the Councilmember may request that the item be placed on the Council agenda for discussion; or the Agenda Review CommiƩee shall refer the proposal to City Manager for delegaƟon to appropriate City staff  for brief evaluaƟon of the work effort that would be necessary, any budget necessary, other resources that may be available to accomplish the project, the effect on exisƟng priority projects, how the proposal might relate to exisƟng projects, alternaƟve means of addressing the proposal, and any other issues the City Manager and Council members should consider.

The Agenda Review CommiƩee sets the item for placement on the agenda and the Mayor shall inform informs the sponsoring Council or staff member of the decision of the Agenda Review CommiƩee regarding the request for aŌer the deadline item.

Once the agenda item isscheduled to be discussed by the full Council, a brief staff evaluaƟon is provided and the Council majority determines if the proposal should be returned with a full work task, idenƟficaƟon of its relaƟve priority, and request for allocaƟon of budget or other resources necessary to address the proposal or determine not to have the item return.

THE TEXT BELOW IS TO PROVIDE CLARITY.  THE CONTEXT OF THE TEXT BELOW REFLECTS THE CURRENT PROCESS

OF THE AGENDA REVIEW COMMITTEE
Overview of Normal Timing for Agenda Item Requests and Staff Reports:

1. Agenda Item Requests are submiƩed 21 days before the relevant City Council meeƟng

2. Staff Reports are submiƩed in draŌ final form 14 days before the relevant City Council meeƟng.

Agenda Item Requests – Due 21 Days Before the Council MeeƟng Timely Agenda Item Requests: Any Councilmember who requests an item to be placed on the Agenda must submit their request in wriƟng (hard copy or email) to the City Clerk no later than twenty one (21) calendar days prior to the meeƟng date. A copy of the Agenda Item Request Form is aƩached for reference.

Staff members must submit their items onto the Forward Agenda that is reviewed by the Agenda Review CommiƩee. Forward agendas must contain at a minimum:, Ɵtle of agenda item;, budgetary consideraƟons; proposed length of item; and if item can be moved to a future meeƟng if determined by the Agenda Review CommiƩee.

Required Contents of All Agenda Item Requests: Agenda Items shall at minimum (1) set forth…At a minimum, the Agenda Item Request must: (1) describe the issue for consideraƟon by the City Council; and (2) contain aƩachments and/or informaƟon specific to the topic. A complete Agenda Item Request Form must be submiƩed to the City Clerk at the Ɵme an agenda item request is made. Use of the Agenda Item Request Form is strongly encouraged.

Late Agenda Item Requests – SubmiƩed AŌer the 21‐Day Deadline:

Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices.

If an Agenda Item Request is submiƩed aŌer the 21 day  deadline, it must  be submiƩed with a complete agenda item request/contents, as well as jusƟficaƟon for the request that the item be considered despite its lateness. The Late Agenda Item Request shall be submiƩed to the Agenda Review  CommiƩee for consideraƟon, either at an Agenda Review CommiƩee meeƟng or forwarded by the City Clerk via email if no Agenda Review MeeƟng is available prior to the Council meeƟng idenƟfied in the Agenda Item Request. The submission of Late Agenda Item Requests is discouraged, unless of an urgent nature. The urgency of the Late Agenda Item Request shall be determined by the Agenda Review CommiƩee.

Councilmembers Agenda Item Requests – Staff Support: If the Agenda Request is being submiƩed by a councilmember, the councilmember may request limited assistance from staff with obtaining copies of exisƟng 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. If the Agenda Request is submiƩed aŌer the deadline the City Clerk shall noƟfy the Agenda Review CommiƩee of any agenda item requests submiƩed by councilmembers upon receipt of the request.

Councilmember Agenda Item Requests

1. The Agenda Review CommiƩee determines if the Request is:
 A minor work task that is consistent with prior Council direcƟon or policy and can be prepared for placement on the City Council agenda accomplished with minimal resources and does not need further evaluaƟon; or
 A more substanƟal work task (that will, for example, take more than two hours of Ɵme by staff to prepare the item for the City Council agenda) and that could affect established prioriƟes and needs further evaluaƟon.
.

If it is a more substanƟal work task that could affect established prioriƟes and needs further evaluaƟon, the Councilmember making the Agenda Item Request may either (1) request that the Agenda Review CommiƩee place the item on the Agenda, or (2) request that the Agenda Review CommiƩee refer the proposal to the City Manager for a brief evaluaƟon of the resources required to prepare an agenda item, how doing so could affect exisƟng prioriƟes, projects, and operaƟons, alternaƟves to the proposal, and any other issues the City Manager and Council members should consider.

2. If preparing the agenda item is a minor work task, the Ad Hoc CommiƩee shall decide when to place the item on the City Council agenda.

3. If preparing the agenda item is a more substanƟal work task, the Ad Hoc CommiƩee shall place the item on a future City Council agenda for consideraƟon by the Council as to whether or not staff should proceed with preparing the agenda item, and if yes, idenƟficaƟon of its relaƟve priority and request for allocaƟon of budget or other resources necessary to address the proposal. As part of the City Council’s consideraƟon of whether or not to proceed, the City Manager shall prepare a brief evaluaƟon of the resources required to prepare an agenda item, how doing so could affect exisƟng prioriƟes, projects, and operaƟons, alternaƟves to the proposal, and any other issues the City Manager and Council members should consider

4. The Agenda Review CommiƩee sets the item for placement on the Agenda and the MayorCity Clerk informs the requesƟng Councilmember.

If the item is a more substanƟal work task that has been referred to the City Manager for evaluaƟon, when the Item is placed on the Agenda for full Council consideraƟon, a brief staff evaluaƟon is provided Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices. and the Council determines if the proposal should be returned to Council with a full work task, idenƟficaƟon of its relaƟve priority, and request for allocaƟon of budget or other resources necessary to address the proposal.

5. The provisions here do not limit the discreƟon of the Agenda Review CommiƩee to decide the Ɵming/Council meeƟng date of Agenda items (see below).

Staff Reports in Final DraŌ Form – Due 14 Days Before the Council MeeƟng Timely Final DraŌ Staff Reports: NO LATER THAN 10:00 AM TWO WEEKS PRIOR TO A SCHEDULED COUNCIL MEETING, the Responsible Department shall provide the staff report in final draŌ form, as a word document, to the City Clerk via email.

Steps To be Completed Before Submiƫng Final DraŌ Staff Reports to City Clerk: BEFORE  submiƫng the staff report in final draŌ form to the City Clerk, the staff member must do the following:
 Submit the final draŌ staff report to the departments listed in the draŌ staff report for their review/approval
 Provide a paper copy with signature template to the City Manager for review /approval (this includes ALL aƩachments), so that the City Manager may provide comments/edits  Make any final edits as needed
 Obtain the approval signature from the City Manager
For All Agenda Items:

Responsible Department originaƟng the staff report shall review staff report for correct content, budgetary informaƟon, formaƫng, grammar, spelling, appearance, and format, ensuring that all supporƟng materials or documents are aƩached and complete prior to submiƫng to City Manager for review.

The City Manager reviews all reports for content, clarity, and recommended acƟon(s), making changes as the City Manager deems appropriate and/or making requests for addiƟonal informaƟon that the City Manager believes is necessary to present the Council with a complete report.

For Reports submiƩed by a Councilmember, the City Manager shall review for report with the Councilmember for any discrepancies or clarifying informaƟon.

The Agenda Review CommiƩee may exercise their sole discreƟon and judgment in deciding the Ɵming/Council meeƟng date of all agenda items, with the excepƟon of agenda items that are specifically requested by a majority of the City Council or acƟons that are required by law. This differs from the language indicaƟng that the CM can place items on the agenda (whether or not consulƟng w/the Mayor is required).  It also doesn’t account for emergency situaƟons when consultaƟon w/the CommiƩee may be infeasible.   If an agenda item is not placed on a forward Council agenda within 90 days of submiƩal of the item, the item shall be submiƩed to the City Council for decision as to whether or not to place on a future Council agenda.

Any member of the public may request an agenda item be placed on the agenda. Such request shall be in wriƟng to any member of the City Council. If a Councilmember wishes to sponsorsuch request,the City Councilmember shallsend a request for an agenda item to the City Clerk for forwarding to the Agenda Review CommiƩee for review.

The City Council agenda packet, including all reports, communicaƟons, ordinances, resoluƟons, contracts, documents, or other maƩers to be considered by the City Council at the regular meeƟng, will be available Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices. within 72 hours of the MeeƟng Date in accordance with Brown Act Posting Requirements for Regular Meetings. no later than the Thursday preceding the Tuesday Council meeƟng to which the agenda packet pertains to meet posƟng requirements. The agenda packet will be made available for public inspecƟon upon its distribuƟon to the City Council. Any wriƟngs 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 aŌerthe agenda has been distributed will also be made available for public inspecƟon at City Hall during normal business hours.

All agendas as of the date of approval of this document shall be formaƩed as shown in aƩachment, unless otherwise directed by the Agenda Review CommiƩee or City Manager or City Clerk Manager’s 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:

ProclamaƟons are issued and/or scheduled for presentaƟon at a City Council meeƟng at the discreƟon of the Mayor. RecogniƟons and proclamaƟons shall be scheduled as necessary in recogniƟon of persons or groups for the promoƟon of an event, service, and/or employee reƟrement. Requests must be submiƩed to the City Clerk in wriƟng 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 recogniƟon or proclamaƟon. Upon approval by the Mayor, the City Clerk will then coordinate the presentaƟon with the requesƟng party in order to schedule the item on any given agenda.The requesƟng party determines whether or not he/she will be present for acceptance of such presentaƟon.

The request should be made at least four weeks in advance of a regularly scheduled Council meeƟng.

If approved for placement on an agenda, a representaƟve shall be designated with contact informaƟon provided to the City Clerk as to who will be present at the City Council MeeƟng to accept the proclamaƟon.

The Agenda Review CommiƩee retains the right to modify, edit, or otherwise amend the proposed proclamaƟon to meet its requirements, needs, or policy determinaƟons.

The Agenda Review CommiƩee retains the right to decide if the proclamaƟon will be issued or not.

The Mayor shall be authorized to determine if the proposed proclamaƟon meets the intent of this policy. A final decision will be within the discreƟon of the Mayor.

When there is uncertainty in making this determinaƟon, the Mayor will consult with the City Manager for guidance.

Once approved, the proclamaƟon will be added to the appropriate Council agenda. If not approved, the applicant will be noƟfied of the decision by the Mayor or City Manager.

If approved, the person(s) making the request must submit a copy of the proposed proclamaƟon to the City Clerk no later than 14 days prior to the proposed City Council meeƟng date.

This document will be updated on an ongoing basis and modified asthe City Council deems appropriate.

Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices.

SAMPLE FORMAT OF AGENDA

CALL TO ORDER
The Mayor, or in the Mayor's absence, the Vice Mayor, presides over all meeƟngs of the City Council, and aŌer determining a quorum is present, calls the meeƟng 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 aƩendance are asked to join the Council in reciƟng 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.

SB 2449:  Add language

SALUTE TO THE FLAG
Following the call to order, those in aƩendance are asked to join the Council in reciƟng the Pledge of Allegiance.

ORDER OF AGENDA:

At the City Council meeƟng, the Mayor may reorder items on the agenda to accommodate the public or to address other concerns. 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.

PROCLAMATIONS/PRESENTATIONS:

When appropriate, the Council recognizes years ofservice, volunteers, or presents special awards. In response to City Council, staff or approved ciƟzen requests, the Mayor may issue proclamaƟons in declaraƟon or recogniƟon of a special event, organizaƟon or person. At this Ɵme, either the Mayor or the Mayor may request a City Councilmember(s) read the ProclamaƟon into the record.  The proclamaƟon may not be read in its enƟrety and is up to the discreƟon of the Mayor.

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). AddiƟonal public comment will be held at the end of the discussion and acƟon items for up to an addiƟonal twenty (20) minutes. Mayor has discreƟon to allow for addiƟonal Ɵme beyond the 20 minutes allocated for public comment dependent upon the subject maƩer 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 addiƟonal speakers to be called on in the same manner) based upon the Ɵme limit.

ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA (SECOND COMMENT PERIOD):

At the end of the meeƟng aŌer the Regular Calendar Agenda Item Discussion and/or AcƟon SecƟon of the Agenda, two (2) Three minutes per speaker for up to twenty (20) minutes total for public comments but can be reduced at Mayor’s discreƟon depending upon the number of speakers or Mayor has discreƟon to allow for addiƟonal Ɵme beyond the 20 minutes allocated for public comment dependent upon the subject maƩer 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 meeƟng and 20 minutes at the end of the meeƟng). Mayor has discreƟon to Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices. allow for addiƟonal Ɵme beyond the 20 minutes allocated for each public comment period dependent upon the subject maƩer or number of speakers.

Power point or visual presentaƟons for public comment shall not be permiƩed unless approved by the Agenda Review CommiƩee two weeks prior to the requested meeƟng date.

Yielding Time: Speakers may not "yield" a porƟon of their alloƩed Ɵme to others.

The Mayor has the authority to limit or extend the Ɵme allowed for speakers dependent on the number of speakers in aƩendance. Same as above
The Mayor can poll the members of the public for an indicaƟon of the number of people. wishing to speak, then call on individuals to speak.

The City Clerk will monitor the Ɵme for public comments and inform the speakers when the Ɵme limitaƟon has been reached.

Public parƟcipaƟon is encouraged on all public agenda items.  If a member of the public is unable to aƩend the Council meeƟng, wriƩen communicaƟons for public comment for items not on the agenda may be sent to the City Clerk by e‐mail or by regular mail. CommunicaƟons received aŌer distribuƟon of the agenda packet will be made available to the Council at the meeƟng. WriƩen public comments are encouraged and should be submiƩed to the City Clerk for forwarding to City Council and appropriate staff and for posƟng to the City Web site.  Subject Line should indicate that the submiƩal is for public comment in general or if it relates to a specific agenda item.

For specific agenda items, wriƩen 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] Council and staff  will treat parƟcipants and each other with courtesy. Derogatory or sarcasƟc comments are inappropriate.

The public will likewise be encouraged by the Mayor to maintain meeƟng decorum.

In Council meeƟngs when ciƟzens are agitated, the Mayor may call a short recess to calm the situaƟon.

In response to public comment on non‐agendized items, the Councilmembers may individually:
 briefly respond to statements made or quesƟons posed by members of the public;  ask quesƟons for clarificaƟon;
 provide a reference to staff or other resources for factual informaƟon or response;  request staff to report to the council at a subsequent meeƟng;  request staff to place a maƩer of business on a future agenda as needed.

STATEMENTS OF CONFLICTSOF INTEREST BYMAYOR/CITY COUNCILMEMBERS FOR ITEMS ONTHEAGENDA This is the Ɵme for the Mayor or City Councilmembers to indicate a conflict of interest for the agenda item(s).

CONSENT CALENDAR:

Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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The consent agenda consists of items that are rouƟne in nature and do not require addiƟonal discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one moƟon 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 aƩendance. At this Ɵme, a member of the public may speak for up to three two (2) minutes on the enƟre consent calendar and request at that Ɵme 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 clarificaƟons without the need for pulling the item for separate consideraƟon. Items requiring deliberaƟon should be pulled for separate consideraƟon and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor.

INFORMATIONAL ITEMS/PRESENTATION:

InformaƟonal Items or PresentaƟons are items that are informaƟonal only and do not require acƟon by the City Council. PresentaƟons shall be scheduled as necessary for the promoƟon of an event or service or general informaƟon items to the Council.  PresentaƟons shall be limited to ten (10) minutes.   unless This Ɵme can be extended at the discreƟon of the Mayorapproved in advance by the Agenda Review CommiƩee. (Can the council provide direcƟon if an informaƟonal item?) Process for Public Hearings/Discussion and AcƟon Agenda Items:
 Mayors opens the item
 Council receives Staff Report from the Responsible Department, Councilmember or Requestor of the Item
 Mayor asks Council forQuesƟons 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/deliberaƟon and/or acƟon.

PUBLIC HEARING(s):

Public hearings are generally held following adopƟon of the consent agenda and public comment period and aŌer informaƟonal items unless so re‐ordered by the Mayor at the meeƟng. The Mayor will open the Public Hearing and ask if there are individuals who are in aƩendance at this meeƟng who are wishing to address the City Council and if so to speak from the Podium or to speak when called upon uƟlizing 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 maƩer for which the public hearing is being held and are limited to 3 two (2) minutes, unless a shorter or longer period is determined by the Mayor. WriƩen comments are encouraged to be submiƩed to the responsible City Department prior to the meeƟng for forwarding to the City Council. If wriƩen documents are submiƩed at the City Council meeƟng, they shall be submiƩed to the City Clerk for inclusion in the official City record/file. Members of the public may read their wriƩen documents into the record during the two (2) 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, wriƩen documents received at the meeƟng will not be read aloud into the record. At the end of the last speaker, the Mayor will ask if there are any addiƟonal ciƟzens who wish to speak at the public hearing. AŌer the public hearing is closed, no member of the public shall be permiƩed to address the Council or staff on that specific issue.

Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION):

Regular Calendar Agenda Items are items that are for Council discussion and/ or acƟon. Similar to a public hearing, the Mayor will open the item for public comment and ask if individuals who are in aƩendance at this meeƟng who are wishing to address the City Council and if so to speak from the Podium or to speak when called upon uƟlizing 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 maƩer for which the agenda item is being discussed and are limited to two (2) 3 minutes, unless a shorter or longer period is permiƩed by the Mayor. WriƩen comments are encouraged to be submiƩed to the responsible City Department prior to the meeƟng for forwarding to the City Council. If wriƩen documents are submiƩed at the City Council meeƟng, they shall be submiƩed to the City Clerk for inclusion in the official City record/file. Members of the public may read their wriƩen documents into the record during the public comment porƟon of the item. Speakers are encouraged to provide their wriƩen statements to the City Clerk. Unless read by a member of the public during the public comment period for the item, wriƩen documents received at the meeƟng will not be read aloud into the record. At the end of the last speaker, the Mayor will ask if there are any addiƟonal ciƟzens who wish to speak at the agenda item. AŌer public comment is closed, then no member of the public shall be permiƩed to address the Council or staff on that specific issue.

Reports:

City Manager/AƩorney/Assistant City Manager/City Clerk Reports. This is the Ɵme for City Management to provide updates on various maƩers to the Council and public. (This will be either verbal or wriƩen reports provided at or prior to the meeƟng)
City Council Reports/CommiƩee/Sub‐CommiƩee MeeƟng Reports: (Reports by Mayor/City Councilmembers Regarding Various Agency MeeƟngs/CommiƩee MeeƟngs/Sub‐CommiƩee MeeƟng /Conferences AƩended and Possible DirecƟon to its RepresentaƟves (If Needed) on Pending issues before such Boards) (This will be either verbal or wriƩen reports provided at the meeƟng) Council CommunicaƟons Received (InformaƟon/MeeƟngs/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 maƩers of confidenƟal 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 esƟmated Ɵme when the Closed Session will conclude, and whether the Council will reconvene to take acƟon. (Prior to adjournment into Closed Session, the public may speak up to 3 minutes on itemsto be addressed in Closed Session).

A Closed Session may be extended to a later Ɵme by announcement of the Mayor. Nothing in this secƟon shall require or authorize a disclosure of informaƟon prohibited by State or Federal law. The Brown Act requires all Council acƟon to be discussed and taken in open session, except for specified and limited excepƟons such as personnel maƩers, real property negoƟaƟons, and pending or threatened liƟgaƟon.

Closed Sessions are typically held at the end of the regular Council meeƟng and, if needed, can be conƟnued to the next regular meeƟng. It shall be at the discreƟon of the City Manager and/or City AƩorney to schedule a closed session at the beginning or end of a regular City Council meeƟng upon concurrence of the Agenda Review CommiƩee.

Closed Session MeeƟngs Are in Person MeeƟngs Only and not Hybrid Format (zoom in person format for members of the public who want to speak during the public comment period).

ADJOURNMENTOF REGULAR MEETING
Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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The Mayor adjourns the meeƟng and the City Clerk notes the Ɵme of adjournment for the record. All meeƟngs will conclude no later than 10:30 p.m., unless this provision is waived by a unanimous vote of the Council. ConsideraƟon of the agenda maƩer then on the floor will be conƟnued beyond 10:30 p.m. by unanimous vote of the Council. In the event the remaining agenda cannot be concluded at any meeƟng by 10:30 p.m., the meeƟng will be recessed to the next regularly scheduled Council meeƟng or upon majority approval, to a definite Ɵme and place, and noƟce of such conƟnued meeƟng will be given as provided by statute.

No new agenda business shall be considered aŌer 10:30 pm without agreement from unanimous vote of the majority of the Council.

If there is unanimous vote to conƟnue the meeƟng beyond 10:30 pm, said meeƟng will be extended up to one addiƟonal hour or 11:30 pm and will not conƟnue beyond that Ɵme. 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:
 Recess the meeƟng to the next regularly scheduled Council meeƟng and defer agenda items to that meeƟng; deferred items will appear first on the regular agenda of the next meeƟng; with placement of agenda items as recommended by the Agenda Revie CommiƩee; or  Schedule a Special City Council MeeƟng to a definite Ɵme and place, and noƟce of such conƟnued meeƟng will be given as provided by statute.

If there is no unanimous vote of the Council, the meeƟng will end at 10:30 pm as noted above.

Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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EXHIBIT
CITY COUNCIL MEETING AGENDA

Meeting of
Meeting Start Time:

Meeting to be held in Person and Virtual /Remote Participation Zoom Link is to be used for providing public comment/Live Stream is utilized for viewing only of meeting City Council is inviting you to a scheduled Zoom meeting.

Topic: City Council Meeting ‐
Time:

Join Zoom Meeting
CALL TO ORDER
ROLL CALL
SALUTE TO THE FLAG
REMOTE PARTICIPATION
PROCLAMATIONS/PRESENTATIONS/INTRODUCTIONS:

STATEMENTS OF CONFLICTS OF INTEREST:  Conflicts of interest may arise in situations where a public official deliberating towards a decision, has an actual or potential financial interest in the matter before the Council. In accordance with state law, an actual conflict of interest is one that would be to the private financial benefit of a public official, a relative or a business with which the Councilmember is associated. A potential conflict of interest is one that could be to the private financial benefit of a Councilmember, a relative or a business with which the Councilmember is associated. A Councilmember must publicly announce potential and actual conflicts of interest, and, in the case of actual conflict of interest, must refrain from participating in debate on the issue or from voting on the issue and must remove themselves from the dais.

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).  Additional public comment will be held at the end of the discussion and action items for up to an additional twenty (20) minutes.  Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter 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 additional speakers to be called on in the same manner) based upon the time limit.

CONSENT CALENDAR: The consent agenda consists of items that are routine in nature and do not require additional discussion by the City Council or have been reviewed by the City Council previously. These items may be approved by one motion 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 attendance. At this time, a member of the public may speak for up to three minutes on the entire consent calendar and request at that time that an agenda item or items be 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 or Mayor Pro Tern.

Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. Items requiring deliberation should be pulled for separate consideration and shall be placed at the end of the regular agenda items unless otherwise determined by the Mayor or Mayor Pro Tem.

INFORMATIONAL ITEMS/PRESENTATIONS:  Informational Items or Presentations are items that are informational only and do not require action by the City Council. Presentations shall be scheduled as necessary for the promotion of an event or service or general information items to the Council and should be limited to ten (10) minutes total in length of item (total length includes questions of Council to presenter and public comment).

PUBLIC HEARING(s):

REGULAR CALENDAR AGENDA ITEMS (DISCUSSION AND/OR ACTION):

ADDITIONAL PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA:  Two minutes per speaker for up to twenty (20) minutes total for public comments but can be reduced at Mayor’s discretion depending upon the number of Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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This is the 2023 written policy, with red-line provided to reflect current Council practices. speakers or  Mayor has discretion to allow for additional time beyond the 20 minutes allocated for public comment dependent upon the subject matter or number of speakers.

CITY COUNCIL/CITY STAFF REPORTS/COMMUNICATIONS/ANNOUNCEMENTS/FUTURE MEETINGS:

CLOSED SESSION:

ADJOURNMENT OF CITY COUNCIL MEETING

Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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EXHIBIT

AGENDA ITEM REQUEST FORM
REQUEST FOR ITEM TO BE PLACED ONTO A CITY COUNCIL MEETING AGENDA Date of Request:.

Name of Council Member Submitting Item:

Subject of Item:

Please explain agenda item (such as background; action requested of Council):

If this a consent calendar item or discussion and action item? If discussion and action item; what is the Estimated Amount of Time for Discussion at Meeting:

Requested Date of City Council Meeting for Item:

Alternate Date for City Council Meeting for Item:

Will this require Staff time?
Yes, Preparation of the agenda item.

Anticipated Length of Staff Time Required?
Agenda ATTACHMENT NUMBER 6 Item Number: 11 Agenda Item Number: 11 City Council Meeting Packet for Meeting of: November 5, 2024

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ATTACHMENT NUMBER 7

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 conducƟng its meeƟngs 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 ediƟon of Robert's Rules of Order. Pursuant to State law, failure to follow parliamentary rules will not in and of itself invalidate acƟon 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 AƩorney who will provide legal advice to the City Council. Upon such advice, the Council will vote and follow the decision of the majority.

DUTIES BELOW WILL BE LISTED IN POLICY NUMBER 3.

Duties of Mayor and Vice Mayor (Will be changed to reflect Policy to be approved at Nov 5th Council Meeting The Mayor is:

The presiding officer of the City and of all meeƟngs of the Council The official head of the City for performance of duƟes lawfully delegated to the Mayor Referred to as "chair" or "chairperson" when acƟng as presiding officer of legislaƟve body meeƟngs 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 meeƟng in December
The Mayor or presiding officer has authority and discreƟon to preserve order at all Council meeƟngs. This includes the authority to remove any person that presents a physical threat to any other person in the Council meeƟng, or for conduct that disrupts the meeƟng to prevent the orderly prosecuƟon of the City's business. The presiding officer also has the authority and discreƟon 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 legiƟmate form of moƟons, the abuse of privilege of renewing certain moƟons, or the obstrucƟon of the business of the City Council. The presiding officer may preserve orderly business by ruling such moƟons out of order. In so ruling, the presiding officer shall be courteous and fair and shall presume that the moving party is making the moƟon in good faith.

EnƟtled to make and second moƟons on maƩers before the Council and vote on acƟons, but shall possess no veto power over acƟons of the Council
May establish reasonable Ɵme limits for the presentaƟon of informaƟon to the public Due to subject maƩer, number of speakers, approximate length of an item, may determine, at the meeƟng, 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 meeƟng in December
In the absence of the Mayor from the City or a Council meeƟng, the Vice Mayor shall possess all powers of the office of the Mayor, and be subject to all prescribed duƟes for that office In the absence of the Mayor and Vice Mayor from the City or a Council meeƟng, the Councilshall appoint a member ofthe Council to act as Mayor Tern and shall possess all powers of the office of the Mayor Types ofMeeƟngs:

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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Regular MeeƟngs
Time and date.

The City Council of the City of Sebastopol shall hold regular meeƟngs 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 meeƟng of the Council falls upon a day designated by law as a legal holiday,such meeƟng 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 cancellaƟon upon approval of the Agenda Review CommiƩee  of a majority of the City Council.

MeeƟng place.

MeeƟngs must be held within the jurisdicƟonal boundaries of the City with the following excepƟons:

Comply with court order, inspect real property, parƟcipate in mulƟ‐jurisdicƟonal meeƟngs, meet to confer with State/Federal officials, meet with legal counsel to discuss pending liƟgaƟon, or parƟcipate as member of Joint Powers Agency.

All regular meeƟngs 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 noƟce of such meeƟng. In the event the meeƟng is in such place other than the Youth Annex, noƟce shall be given as required by law.

Whenever possible, special workshops shall take place at a locaƟon to be approved by the Agenda Review CommiƩee.

If by reason of natural disaster or other emergency it shall be unsafe to meet in approved locaƟon as determined by the Agenda Review CommiƩee, the meeƟngs may be held for the duraƟon of the emergency at such other place as is designated by the Mayor, or by the Vice Mayor in the Mayor’s Absence.  by three (3) members of the City Council. City staff shall provide recommendaƟons for locaƟons for meeƟngs to the MayorCity Council for final approval.

PosƟng of Regular MeeƟng
The city clerk shall post the agenda of each regular meeƟng of the legislaƟve body at least 72 hours in advance of the meeƟng in a locaƟon that is freely accessible to members of the public as required by the Brown Act. The City Clerk shall maintain an affidavit indicaƟng the locaƟon, date, and Ɵme of posƟng each agenda.

Special MeeƟngs
A special meeƟng of the Council may be called by the Mayor or a majority of the members of the Council. A special meeƟng may be called by providing noƟce (by personal delivery or by wriƩen noƟce) 24 hours in advance of the meeƟng to the Mayor, to all Councilmembers, and to all media outlets and persons having requested in wriƟng noƟficaƟon of such meeƟngs pursuant to State law. The call and noƟce shall specify the Ɵme and place of the special meeƟng and the business to be transacted. No other business shall be considered at such meeƟngs.No ordinances, other than urgency ordinances, may be adopted, nor may resoluƟons or orders for payment of money be made.

The call and noƟce shallspecify the Ɵme and place of the special meeƟng and the business to be transacted.

No other business shall be considered at the meeƟng. WriƩen noƟce may be dispensed with as to any member who, at or prior to the Ɵme and meeƟng convenes, filed with the City Clerk a wriƩen waiver of noƟce. The waiver may be given by fax, email or mail. WriƩen noƟce shall be dispensed with as to any member who is actually present at the meeƟng at the Ɵme it convenes.

Study/Work Session:

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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The Council may meet in a study/work session atsuch Ɵmes or atsuch places as may be determined by the Council for the purpose of hearing reports from the staff and reviewing, discussing and debaƟng maƩers of interest to the City. These sessions will be noƟced as provided by law and open to the public and the press.

No official acƟon may be taken at a study session. However, Council may refer the item to staff with specific requests for informaƟon or provide specific direcƟon to staff. During study/work sessions, Councilmembers may ask quesƟons of staff. For those quesƟons that staff cannot immediately answer, responses will be provided for the Council in wriƟng or at a future Council meeƟng.

Closed Session MeeƟngs:

As needed, the City Council may adjourn to a Closed Session privately to discuss and consider maƩers of confidenƟal concern to the City as authorized by the Brown Act. Before convening into Closed Session, the Mayor shall publicly announce the purpose for the Closed Session, by Title of Item Only, the esƟmated Ɵme when the Closed Session will conclude, and whether the Council will reconvene to take acƟon. (Prior to adjournment into Closed Session, the public may speak up to three (3) minutes on items to be addressed in Closed Session).

A Closed Session may be extended to a later Ɵme by announcement of the Mayor. Nothing in this secƟon shall require or authorize a disclosure of informaƟon prohibited by State or Federal law. The Brown Act requires all Council acƟon to be discussed and taken in open session, except for specified and limited excepƟons such as personnel maƩers, real property negoƟaƟons, and pending or threatened liƟgaƟon. Closed Sessions are typically held at the end of the regular Council meeƟng and, if needed, can be conƟnued to the next regular meeƟng. It shall be at the discreƟon of the Mayor, City Manager and/or City AƩorney to schedule a closed session at the beginning or end of a regular City Council meeƟng.

The purpose for which a closed session may be held, but are not limited to:
 Discussion with legal counsel on pending or potenƟal liƟgaƟon  Property acquisiƟon/disposiƟon where public discussion may increase or decrease the price and influence the terms of the sale
 MaƩers affecƟng naƟonal security
 Quasi‐judicial maƩers
 Complaints or charges brought against a public officer or employee  QualificaƟon/performance review of the City Manager, City AƩorney or City Clerk  Evaluate qualificaƟons of candidates for appointment to elecƟve office  Planning or adopƟng a posiƟon to be taken during collecƟve bargaining, professional negoƟaƟons, or grievance or mediaƟon proceedings, or reviewing proposals made in ongoing negoƟaƟons.  Receive confidenƟal advice from the City AƩorney under the aƩorney‐client privilege  I believe Cyber Security will also be a new closed session item? Conclusion of MeeƟngs:

City Council meeƟngs will conclude no later than 10:30 p.m., unless this provision is waived by unanimous vote ofthe Council. ConsideraƟon of the agenda maƩer then on the floor maywill be conƟnued beyond 10:30
p.m. by unanimous vote of the Council. In the event the remaining agenda cannot be concluded at any meeƟng by 10:30 p.m., the Agenda Review CommiƩee will reschedule the remaining items for a future City Council meeƟng, with a preference for meeƟng will be recessed to the next regularly scheduled Council meeƟng. In the event that the remaining agenda items include public hearings, the City Council shall,Council meeƟng or upon majority approval, conƟnue the public hearing to a definite Ɵme and place, and noƟce of such conƟnued hearingmeeƟng will be given as provided by statute. In the alternaƟve, the City Council may, by majority vote, schedule a Special City Council MeeƟng to a definite Ɵme and place, and noƟce of such conƟnued meeƟng will be given as provided by statute.  No new agenda business shall be considered aŌer 10:30 pm without agreement from unanimous vote of the Council. If there is unanimous vote to conƟnue the meeƟng beyond 10:30 pm, said meeƟng will be extended up to one addiƟonal hour or 11:30 pm and will not conƟnue beyond that Ɵme. If an agenda item has not concluded or if agenda items remain and have Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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not been heard prior to the 11:30 p.m. adjournment, remaining items shall be rescheduled as specified above. the Council by majority vote shall:
 Recess the meeƟng to the next regularly scheduled Council meeƟng and defer agenda items to that meeƟng; deferred items will appear first on the regular agenda of the next meeƟng; with placement of agenda items as recommended by the Agenda Revie CommiƩee; or  Schedule a Special City Council MeeƟng to a definite Ɵme and place, and noƟce of such conƟnued meeƟng will be given as provided by statute.

If there is no unanimous vote of the Council, the meeƟng will end at 10:30 pm as noted above.

Televised/Tapings:

Council meeƟngs will be broadcast live on Livestream and/or virtual format (currently zoom) which can be accessed through the City's web site. Council meeƟngs will also be stored to Live Stream and the City Web site for one year in compliance with the City's Records RetenƟon Policy.

The AdministraƟve Service Department in consultaƟon with the City Clerk's office is responsible for contracƟng for the It IT related to recording  of  records all regular Council meeƟngs except for those porƟons of the meeƟng conducted in Closed Session. Recordings are available and archived for one year.

Any person aƩending an open and public meeƟng of the Council shall have the right to record the proceedings with an audio or video tape recorder or a sƟll or moƟon picture camera in the absence of a reasonable finding by the Council that the recording cannot conƟnue without noise, illuminaƟon, or obstrucƟon of view that consƟtutes, or would consƟtute, a persistent disrupƟon of the proceedings.

Adjourned MeeƟngs
As permiƩed by law, the Council may adjourn any regular or adjourned regular meeƟng to a Ɵme, place, and date specified in the order of adjournment but not beyond the next regular meeƟng. If no Ɵme is stated in the order of adjournment, it shall be the same Ɵme as for a regular meeƟng.

Emergency MeeƟngs
In the case of an emergency situaƟon involving maƩers upon which prompt acƟon is necessary due to the disrupƟon or threatened disrupƟon of public faciliƟes such as:
 Work stoppage or other acƟvity 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 legislaƟve body may hold an emergency meeƟng without complying with either the 72‐hour or 24‐ hour noƟce and posƟng requirements for regular and special meeƟngs, butshall otherwise comply with the Brown Act procedures generally stated below.

Each local newspaper of general circulaƟon and radio or television staƟon that has requested noƟce of special meeƟngs pursuant to the Brown Act,shall be noƟfied by the presiding officer of the legislaƟve body, or designee thereof, at least one hour prior to the emergency meeƟng, or in the case of a dire emergency, at or near the Ɵme that the presiding officer or designee noƟfies the members of the emergency meeƟng. This noƟce shall be given by telephone call to the numbers provided in the most recent request for noƟficaƟon or by email (if available). In the event that telephone services are not funcƟoning, the noƟce requirements of this secƟon shall be deemed waived, and the legislaƟve body, or designee of the legislaƟve body,shall noƟfy those newspapers, radio staƟons, or television staƟons of the emergency meeƟng, the purpose of the meeƟng, and any acƟon taken at the meeƟng as soon aŌer the meeƟng as possible.

Agenda Item Number: 11 Agenda Item Number: 11
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During an emergency meeƟng, the legislaƟve 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 meeƟng requirements in the Brown Act shall be applicable to an emergency meeƟng, with the excepƟon of the 24‐hour noƟce and posƟng requirement.

The minutes of an emergency meeƟng; a list of Council persons aƩending, the presiding officer of the legislaƟve body, or designee of the Council, noƟfied or aƩempted to noƟfy; a copy of the roll call vote; and any acƟons taken at the meeƟng, shall be posted for a minimum of ten days in a public place as soon aŌer the meeƟng as possible.

Teleconferenced MeeƟngs:  TradiƟonal Brown Act Requirements:

Members of the public wishing to aƩend meeƟngs and address the Council via teleconference or other electronic device may do so only at duly‐noƟced teleconference Members may parƟcipate in meeƟngs remotely only as allowed by the Brown Act’,locaƟons set from Ɵme to Ɵme for Councilmembers' aƩendance in accordance with the Brown Act or use of AB 2449:

AB 2449 ATTENDANCE BY A MEMBER VIRTUALLY ‐ PROCEDURE
Member prior to the meeƟng must do the following:

NoƟfy the legislaƟve body at the earliest opportunity possible, including at the start of a regular meeƟng, of their need to parƟcipate remotely for “just cause” including a general descripƟon of the circumstances relaƟng to their need to appear remotely at the given meeƟng;
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 domesƟc partner that requires a member to parƟcipate remotely’;  a contagious illness that prevents a member from aƩending in person; a need related to a physical or mental disability as defined by law; or
 travel while on official business of the legislaƟve body or another state or local agency; or Emergency Circumstances – means a physical or family medical emergency that prevents a member from aƩending in person.

The member requires the legislaƟve body to allow them to parƟcipate in the meeƟng remotely due to the “emergency circumstances” and the legislaƟve body takes acƟon to approve the request.

The legislaƟve body requires a general descripƟon (generally not exceeding 20 words) of the circumstances relaƟng to the member’s need to appear remotely at the given meeƟng, this shall not require a member to disclose any medical diagnosis or disability, or any personal medical informaƟon that is already exempt under exisƟng law.

Limitations:

May not be used by a member to teleconference for a period of more than three (3) consecuƟve months or 20% of regular meeƟngs (4 meeƟngs for City Council) within a calendar year, or more than two (2) meeƟngs per calendar year if the board meets less than ten (10) Ɵmes per calendar year.

Members parƟcipaƟng 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 locaƟon with the member and the general nature of the member’s relaƟonship with the individual.

Required Procedures for Remote ParƟcipaƟon under AB 2449 Agenda Item Number: 11 Agenda Item Number: 11
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NoƟce and General DescripƟon. A member shall make a wriƩen request to parƟcipate remotely at a meeƟng as soon as possible. The request must state whether the member is claiming “just cause” or “emergency circumstances” and shall include a general descripƟon explaining their need to meet remotely. Members must make a separate request for each meeƟng in which they seek to parƟcipate remotely.

AcƟon on the Request for Remote ParƟcipaƟon due to “Emergency Circumstances”. The legislaƟve body must take acƟon on a request to parƟcipate remotely due to “emergency circumstances” at the earliest opportunity. If the request does not allow sufficient Ɵme to place proposed acƟon on such a request on the posted agenda for the meeƟng for which the request is made, the legislaƟve body may take acƟon at the beginning of the meeƟng in accordance with the requirements of the Brown Act for taking acƟon on items of business not appearing on the posted agenda.

LimitaƟons on Frequency. A member cannot parƟcipate solely by teleconference based on emergency circumstances for more than three (3) consecuƟve months or more than twenty (20) percent of the agency’s regular meeƟngs, or more than two meeƟngs per year if the agency meets fewer than 10 Ɵmes per year. A member parƟcipaƟng remotely under the “just cause” provision is limited to two (2) remote meeƟngs per calendar year.

Required Disclosures for Remote ParƟcipaƟon. A member parƟcipaƟng telephonically shall publicly disclose at the meeƟng before any acƟon is taken, whether any other individuals 18 years of age or older are present in the room at the remote locaƟon with the member, and the general nature of the member’s relaƟonship with any such individuals.

Audio and Visual ParƟcipaƟon Required. A member of the legislaƟve body parƟcipaƟng from a remote locaƟon under the AB 2449 rules for teleconferencing must parƟcipate through both audio and visual technology during the enƟre meeƟng. A member’s noƟce and general descripƟon of need to appear remotely must include a statement that the member will parƟcipate with both audio and video capabiliƟes turned on throughout the meeƟng.

MeeƟngs to be Public
All regular, adjourned, and special meeƟngs ofthe City Council shall be open and public and held in accordance with the Ralph M. Brown Act (Government Code secƟons 54950, et seq.); provided, however, the City Council may hold closed sessions from which the public may be excluded as allowed by law. The Brown Actstrikes a balance between public access to meeƟngs of public governing bodies and the need for confidenƟal candor, debate and informaƟon gathering.

Attendance
Councilmembers are expected to aƩend all meeƟngs of the City Council. Pursuant to Government Code section 36513, iIf a Councilmember is absent without noƟficaƟon to the Mayor or City Clerk from all regular City Council meeƟngs for sixty (60) days consecuƟvely from the last regular meeƟng he/she aƩends, his/hertheir office becomes vacant and shall be filled as any other vacancy.

Councilmembers are expected to be present at the start of the meeƟng, work from the agenda presented, and be aƩenƟve and prepared for the agenda item.

If a Councilmember will be absent from the meeƟng, the Councilmember shall noƟfy the City Clerk of such absence as soon as possible prior to the meeƟng.

CancellaƟon of Regular MeeƟngs
Any meeƟng of the Council may be cancelled in advance by the Agenda Review Committee.  a majority vote of the Council. The Mayor may cancel a meeƟng in the case of an emergency, when a majority of members have confirmed in wriƟng their unavailability to aƩend a meeƟng, when there is not a quorum at the start of Agenda Item Number: 11 Agenda Item Number: 11
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the meeƟng, or when the agenda is such that cancelling the meeƟng would not interfere with normal operaƟons of the City. The Council must meet regularly, however, at least once each month. Cancelled meeƟngs 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 consƟtute a quorum and shall be sufficient to transact business (other than in the case of an emergency meeƟng). If less than three (3) Councilmembers appear at a regular meeƟng, the members aƩending may shall adjourn the meeƟng to a stated day and hour.

At City Council MeeƟngs, Council shall:
 Value each other's Ɵme
 AƩempt 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 acƟon of the Council  Respect each other's opportunity to speak and, if necessary, agree to disagree  Avoid offensive negaƟve comments and shall pracƟce civility and decorum during discussions and debate
 Assist the presiding officer's exercise of the affirmaƟve duty to maintain order  Shall make the public feel welcome
 Be imparƟal, respecƞul, and without prejudice toward the public  Listen courteously and aƩenƟvely 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 MeeƟngs, City Staff shall:
 prepare well‐wriƩen staff reports and provide accompanying documents on all agenda items in accordance with the agenda format and preparaƟon schedule as listed in City Council Policy Number 6  be available for quesƟons from members in accordance with the Brown Act prior to and during meeƟngs
 respond to quesƟons from the public during meeƟngs only when requested to do so by Mayor or if absent, Vice Mayor, or the City Manager
 refrain from arguing with the public or staff members, or consultants;  switch any electronic equipment such as pagers and cellular telephones to silent or off mode during Council meeƟngs with the excepƟon of Key City staff as determined by the City Manager or City Manager designee;
 Staff shall remain objecƟve on issues and should not be advocates for issues unless so directed by the legislaƟve body;
 To the extent permiƩed 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 aƩached to City Council Policy Number 6.

RULES OF CONDUCT
Obtaining the Floor
Agenda Item Number: 11 Agenda Item Number: 11
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Every Councilmember desiring to speak will first address the Presiding Officer and gain recogniƟon 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 MoƟon
At the Presiding Officer's discreƟon, items on the agenda may be discussed before asking for a moƟon and second. The Presiding Officer or any Councilmember can bring or second a moƟon. Before the maƩer can be considered or debated, it must be seconded. Once a moƟon has been properly made and seconded, the Presiding Officer may shall open the maƩer for debate offering the first opportunity to debate to the moving party and, thereaŌer, to any Councilmember properly recognized by the Presiding Officer.

It is a courtesy, but not required, to allow other Councilmembers to move and second moƟons, and for the Presiding Officer to be the last to debate a moƟon. Once the maƩer 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 explain his/hertheir vote prior to the vote being cast.

Voting:

The Presiding Officer, Councilmember, orsucha member of the City staff asthe Presiding Officer may designate may request that the Mover orf the MoƟon or City staff verbally restate each moƟon immediately prior to calling for the vote. The Presiding Officer in his/hertheir discreƟon 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 meeƟng when a quesƟon comes up for a vote,shall vote for or against the measure unless he/she is disqualified from voƟng and required to recuse themselvesabstains because ofsuch disqualificaƟon, or choose to abstain; or recuses themselvesf from a vote. It shall be at the Mayor's discreƟon for the order of the vote, but typically the City Clerk shall call for the vote in alphabeƟcal order, starƟng with the first leƩer of the last name, except that the vice‐ mayor shall be the penulƟmate vote, and the mayor the ulƟmate vote. If the vote is a voice vote, the Presiding Officer shall declare or designate City staff to 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 voƟng, The results reflecƟng all "ayes" and "noes" must be clearly set forth for the record. No Councilmember shall be allowed to change their vote aŌer an item has been closed.

Tie Votes ‐  A Ɵe vote results in a lost moƟon. In such an instance, any member of the Council may offer a moƟon for further acƟon. If there is no acƟon by an affirmaƟve vote, the result is no acƟon. If the maƩer involves an appeal, and an affirmaƟve 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 Agenda Review Committee re‐ schedule the item for right to request a second vote with the enƟre Council present when the Council has a Ɵe vote and the moƟon fails.

AbstenƟon: If a Councilmember abstains recuses because of a conflict arising under the PoliƟcal Reform Act of 1974, he/she is not counted as present for quorum purposes and is not deemed to be "voƟng" for purposes of determining whether there has been a "majority vote of those members present and voƟng"; When a Councilmember abstains recuses or excuses them self from a porƟon of a Council meeƟng because of a conflict of interest arising under the PoliƟcal Reform Act, the Councilmember must state on the record the nature of the conflict. The inclusion of this informaƟon in the public record is required by law.

If a Councilmember abstains for any reason because of a conflict other than a conflict of interestone arising under the PoliƟcal Reform Act, he/she is counted as present for quorum purposes and is not deemed to be Agenda Item Number: 11 Agenda Item Number: 11
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"voƟng" for purposes of determining whether there has been a "majority vote of those members present and voƟng."
A Councilmember who publicly announces that he/she is abstaining from voƟng on a parƟcular maƩer may not subsequently withdraw his/hertheir abstenƟon.

The vote will be announced by the Presiding Officer or City staff in compliance with State law.

Types of MoƟons
When the following moƟons are made and seconded, the Presiding Officer must immediately call for a vote of the body without debate on the moƟon. MoƟons carry with the designated vote requirement:

MoƟon to adjourn [Simple Majority Vote]. This moƟon, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeƟng.

MoƟon to recess [Presiding Officer or Simple Majority Vote]. This moƟon, if passed, requires the body to immediately take a recess. In the event of a meeƟng disrupƟon, the PresidingOfficer can unilaterally call a recess. Normally, the Presiding Officer determines the length of the recess.

MoƟon to set the Ɵme to adjourn [Simple Majority Vote]. This moƟon, if passed, requires the body to adjourn the meeƟng at the specific Ɵme set in the moƟon.

MoƟon to table [Simple Majority Vote]. This moƟon, 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 moƟon). In order to bring the maƩer back before the City Council, a member must move to table the item and that the moƟon should contain an exact or approximate date in which the item will come back to the Council. If no Ɵmeframe is given in the moƟon, the item tabled dies, although it can be raised later as a new moƟon.

MoƟon to limit debate [Two‐Thirds Vote]. This is a moƟon to end debate or set a Ɵme limit on the debate for a given agenda item. When such a moƟon is made, the Presiding Officer should ask for a second, stop debate, and vote on the moƟon to limit debate.

MoƟon to close nominaƟons [Two‐Thirds Vote]. When choosing officers of the Council (such as the Mayor and Vice‐Mayor), nominaƟons are received from one of the Councilmembers.NominaƟons can be closed by a vote of the Council.  This may be changed depending upon Mayor/Vice Mayor selecƟon policy.

MoƟon to object to the consideraƟon 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 moƟon can be made when the item is first calledcalledduring the Approval of Final Agenda item.

MoƟon to Move Previous QuesƟon [Two‐Thirds Vote]: Any Councilmember may move to immediately bring the quesƟon being debated by the Council to a vote, suspending any further debate. The moƟon must be made and seconded without interrupƟng one who already has the floor. A 2/3 vote is required for passage.

MoƟon to Postpone to Time Certain [Simple Majority Vote]. Any Councilmember may move to postpone the pending main moƟon to a future date as determined by the Council at the Ɵme the moƟon is passed.

The moƟon must be seconded and requires a majority vote for passage.

MoƟon to Commit or Refer [ Majority Vote]. Any Councilmember may move that the maƩer being discussed should be referred to a commiƩee, board or commission for further study. The moƟon must be seconded and requires a majority vote for passage. The moƟon may contain direcƟons for the commiƩee, board or Agenda Item Number: 11 Agenda Item Number: 11
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commission, as well as, a date upon which the maƩer 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 Ɵme, to require the item be returned to the agenda. The moƟon 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 Ɵme the moƟon to return is made.

MoƟon to Amend [Majority Vote]. Any Councilmember may amend the main moƟon or any amendment made to the main moƟon. Before the main moƟon may be acted upon, all amendments and amendments to amendments must first be acted upon. AmoƟon to amend must be seconded and requires a majority vote for passage. An amendment must be related to the main moƟon or amendment to which it is directed.

Any amendment which subsƟtutes a new moƟon rather than amending the exisƟng moƟon is out of order and may be so declared by the Presiding Officer.  A moƟon to amend is not necessary if the maker of the moƟon (and the member who seconded the moƟon, if any) voluntarily agree to change the original moƟon.

The following acƟons by the Council are to ensure orderly conduct of meeƟngs and for the convenience of the Mayor and Councilmembers. These moƟons take precedence over any pending main or subsidiary moƟon 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.

QuesƟon of Privilege. Any Councilmember, at any Ɵme during the meeƟng, may make a request of the chair to accommodate the needs of the council or his/hertheir personal needs for such things as reducing noise, adjusƟng air condiƟoning, venƟlaƟon, lighƟng, etc. Admissibility of quesƟon 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 dissaƟsfied with a ruling from the chair, he/she may move to appeal the ruling to the full Council. The moƟon must be seconded to put it before the Council. A majority vote in the negaƟve or a Ɵe vote sustains the ruling of the chair. The moƟon is debatable and the chair may parƟcipate in the debate. For example, if the chair determines a member of the public is making a comment on an impermissible topic and ends their opportunity to speak, another member may appeal that decision.  Example?
Suspend the Rules. Any Councilmember may move to suspend the rules if necessary, to accomplish a maƩer that would otherwise violate the rules. The moƟon requires a second and a 2/3 vote is required for passage. For example, if a member wanted to take an agenda item out of order, and the mayor did not exercise their authority to rearrange items, a member could make a moƟon to suspend the rules and immediately consider the idenƟfied agenda item. (Example?) Division of QuesƟon. Any Councilmember may move to divide the subject maƩer of a moƟon which is made up of several parts in order to vote separately on each part. The moƟon requires a second and a majority vote for passage. This moƟon may also be applied to complex ordinances or resoluƟons.

Reconsider. Except for votesregarding maƩers which are quasi‐judicial in nature or maƩers which require a noƟced 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 informaƟon not available at the Ɵme of the vote. The moƟon to reconsider must be made by a Councilmember who voted on the prevailing side, must be seconded and requires a majority vote for Agenda Item Number: 11 Agenda Item Number: 11
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passage, regardless of the vote required to adopt the moƟon being reconsidered.  A moƟon to reconsider is not necessary to an item already decided by the Council to be scheduled for further consideraƟon by the Council in accordance with the agenda seƫng protocol.

If the moƟon to reconsider is successful, the maƩer to be reconsidered takes no special precedence over other pending maƩers and any special voƟng requirements related thereto sƟll apply. Except pursuant to a moƟon to reconsider, once a maƩer has been determined and voted upon, the same maƩer cannot be brought up again at the same meeƟng.

Rescind. Repeal or Annul. The Council may rescind, repeal or annul any prior acƟon taken with reference to any legislaƟve maƩer so long as the acƟon to rescind, repeal or annul complies with all the rules applicable to the iniƟal adopƟon, including any special voƟng or noƟce 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 legiƟmate form of moƟons, or the abuse of privilege of renewing certain moƟons, to obstruct the business of the Council by ruling such moƟons out of order. In so ruling, the chair shall be courteous and fair and should presume that the moving party is making the moƟon in good faith.

PUBLIC HEARINGS:

Public hearings are generally held following adopƟon of the consent agenda, public comment period, and informaƟonal presentaƟons (unless the agenda has been reordered). 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 maƩer for which the public hearing is being held and are limited to two (2)  three (3) minutes, unless a shorter or longer period is permiƩed by the Mayor. WriƩen comments are permiƩed prior to and during the public hearing, and should be submiƩed to the City Clerk before the public hearing is closed.

WriƩen documents will be entered into the record file  but will not be read aloud. AŌer the public hearing is closed, no member of the public shall be permiƩed to address the Council or staff on that specific issue.

Public noƟces related to public hearings, including but not limited to special council meeƟngs, budget approval, annexaƟons, and street vacaƟons are published by the City Clerk in the legal secƟon 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 ConsideraƟon. MaƩers noƟced to be heard by the Council shall commence at the Ɵme specified in the noƟce of hearing, or as soon thereaŌer as is reasonably possible, and shall conƟnue unƟl the same has been completed or unƟl other disposiƟon of the maƩer has been made.

ConƟnuance of Hearings. Any hearing being held or noƟced or ordered to be held by the council at any meeƟng of the Council may, by order or noƟce of conƟnuance, be conƟnued or reconƟnued to any subsequent meeƟng in the manner provided herein for adjourned meeƟngs; provided, that if the hearing is conƟnued to a Ɵme less than 24 hours aŌer the Ɵme specified in the order or noƟce of hearing, a copy of the order or noƟce of conƟnuance of hearing shall be posted immediately following the meeƟng at which the order· or noƟce of conƟnuance was adopted or made.

Public Discussion at Hearings. When a maƩer for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any moƟon 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 maƩer. Any person desiring to speak or present evidence shall make his/hertheir presence Agenda Item Number: 11 Agenda Item Number: 11
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known to the Mayor and upon being recognized by the Mayor, the person may speak or present evidence relevant to the maƩer being heard.

No person may speak without first being recognized by the Mayor. Members of the Council who wish to ask quesƟons of the speakers the presenter,  applicant , staff or each other, during the public hearing porƟon may do so but only aŌer first being recognized by the Mayor. The Mayor shall conduct the meeƟng in such a manner as to afford due process.

All persons interested in the maƩer being heard by council shall be enƟtled to submit wriƩen 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, limiƟng the duraƟon of presentaƟons as set forth in these rules. No person shall be permiƩed during the hearing, to speak about maƩers or present evidence which are not germane to the maƩer being considered. A determinaƟon of relevance shall be made by the Mayor, but may be appealed as set forth in these rules.

ConsideraƟon of QuesƟon by Council. AŌer 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 disposiƟon they wish to make of the quesƟon or quesƟons presented at the hearing. No member of the public shall be allowed, without consent of the Mayor, to speak further on the quesƟon during this period of deliberaƟon, although the Councilmembers may ask quesƟons of the speakers if so desired.

At the conclusion of council discussion, and appropriate moƟon having been made and seconded, the Council shall vote on the maƩer.

ATTENDANCE BY THE PUBLIC:

Except as specifically provided by law for closed sessions, all meeƟngs of the Council shall be open and public.

All persons desiring to aƩend shall be permiƩed to aƩend any meeƟng, 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 Ɵmely and efficient meeƟng, public comment on the consent calendar items, or regular agenda items where the City Council will be taking some acƟon is limited to no more than two (2) 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 quesƟons posed by members of the public;  ask quesƟons for clarificaƟon;
 provide a reference to staff or other resources for factual informaƟon or response;  request staff to report to the council at a subsequent meeƟng;  request staff to place a maƩer of business on a future agenda as needed.

Disability AccommodaƟon: If a person requires a disability accommodaƟon that extends the normal speaking Ɵme, the Presiding Officer will state that the speakers' Ɵme is being modified for a requested accommodaƟon, and shall extend the Ɵme as is reasonable for the speaker to convey the informaƟon.

Time AllocaƟon if Many Commenters: The Mayor shall be authorized to establish a different Ɵme 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 porƟon of their alloƩed Ɵme to others.

Agenda Item Number: 11 Agenda Item Number: 11
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Speakers LocaƟon: Speakers shall address the Council from the podium or to speak when called upon uƟlizing the City’s virtual format (currently Zoom) provided for that purpose during their comment. Any wriƩen materials or items to be submiƩed or shown to the Council shall be given to the City Clerk, who will distribute them to Council.

RepeƟƟous or Dilatory Comments Discouraged. In order to expedite maƩers and to avoid repeƟƟous presentaƟons, the designaƟon of a spokesperson is encouraged, but not required. Whenever any group of persons wishes to address the Council on the same subject maƩer, 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 Ɵme allocaƟon for a designated spokesperson.

In accordance with the Brown Act, comments that exceed the established time limitunduly long or repeƟƟous comments\ may be ruled out of order by the Presiding Officer. The Mayor shall be authorized to limit disrupƟve 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 meeƟng. Persons who violate this rule may be barred from aƩendance for the remainder of the Council meeƟng, provided that the Mayor has noƟfied 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 conƟnue to disrupt the Council meeƟng. If aŌer noƟficaƟon and warning the person persists in disrupƟng the meeƟng, the Mayor shall order the person to leave the Council meeƟng. If the person does not remove himself or herself, the Mayor may request any law enforcement officer who is on duty at the meeƟng 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 ciƟzen requests, the Mayor may issue proclamaƟons in declaraƟon or recogniƟon of a special event, organizaƟon or person. . At this Ɵme, either the Mayor or the Mayor may request a City Councilmember(s) read the ProclamaƟon into the record.  The proclamaƟon may not be read in its enƟrety and is up to the discreƟon of the Mayor.

CITY CORRESPONDENCE:

The Mayor is typically charged with transmiƫng the City's posiƟon on policy maƩers to outside agencies on behalf ofthe City Council. The City Manager assistsin preparing the correspondence.

Official correspondence from the City Council must be on official City leƩerhead and receive prior approval from a majority of the City Council. Individual Councilmembers may iniƟate correspondence for their own purpose using leƩerhead that idenƟfies only themselves as a Councilmember. All Councilmember correspondence using City resources will be copied to the full Council consistent with the requirements of the Brown Act. For example, responses to ciƟzen leƩers will be copied to the full Council along with the original ciƟzen correspondence.

Individual Councilmembers may occasionally prepare leƩers for consƟtuents in response to inquiries, or to provide requested informaƟon. City leƩerhead 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 emailsent directly to his/hertheir 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 distribuƟon by the City Clerk to the full Council, consistent with any Brown Act requirements.

Agenda Item Number: 11 Agenda Item Number: 11
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On occasion, Councilmembers may wish to share an opinion on an issue on which the Council has yet to take a posiƟon, or about an issue for which the Council has no posiƟon. 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 leƩerhead or Council Ɵtles for personal or poliƟcal purposes.

External CommunicaƟon.

The Mayor is to faithfully communicate the will of the Council majority in maƩers of policy. The Mayor is also recognized as the official head of the City for all ceremonial purposes and shall perform such other duƟes consistent with the office.

Signing of Documents
The Mayor (or Vice Mayor in the Mayor’s absence)  shall sign all ordinances, resoluƟons, and other documents necessitaƟng his/hertheir signature, which were adopted by a quorum of the City Council, unless signature authority has been delegated in the adopƟng acƟon.

Outside AcƟviƟes:

Councilmember ParƟcipaƟon in Community AcƟviƟes: From Ɵme to Ɵme, Councilmembers may choose to parƟcipate in community acƟviƟes, commiƩees, events, and task forces. When a Councilmember parƟcipates in these types of acƟviƟes, the Councilmember is acƟng as an interested party rather than acƟng on behalf of the City Council. If asked to speak or comment at a public event, Councilmembers should state that they are acƟng as interested parƟes rather than acƟng on behalf of the City Council.

AcƟng or parƟcipaƟng on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representaƟve for the maƩer.

Serial MeeƟngs:

Serial meeƟngs are meeƟngs that at any one Ɵme involve only a porƟon of a legislaƟve body, but eventually involve a quorum. Serial meeƟngs yield a process which deprives the public the opportunity for a meaningful contribuƟon to the decision‐making process.

Serial meeƟngs may be a chain, in which member A contacts or emails member B, B then contacts C, C contacts D, and so on, unƟl a quorum is involved. To avoid the potenƟal of serial meeƟngs, 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 "collecƟve concurrence as to acƟon to be taken" is reached, the Brown Act is violated.

Councilmembers are encouraged to consider the possibility ofserial meeƟngs when engaging in discussion with their colleagues on a maƩer within the subject jurisdicƟon 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 or co sponsors an event.  All authorized use of the City's logo shall be in wriƟng, shall indicate the specific use allowed, and shall include the words "Any other use of this logo is prohibited".

Agenda Item Number: 11 Agenda Item Number: 11
City Council Meeting Packet for Meeting of: November 5, 2024

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