St. Helena City Council
September 26, 2023

City of St. Helena
Regular City Council Meeting
Tuesday, September 26, 2023 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena

PLEASE NOTE: Any person who wishes to speak regarding an item on the agenda or make a comment under the "Oral Communication" portion of the agenda may do so, but please observe the time limit of four minutes.

The City Council meeting will be live-streamed on Comcast Channel 28 and on the City’s website.

Public comment for City Council meetings will be accepted via email to [email protected]. All public comments must be received three hours prior to the meeting. All other public comments received after the deadline will be attached to the item the next business day or soon thereafter. Public comments will not be read out loud but will be publicly available and attached to the on-line City Council agenda.

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.

Simultaneous Spanish interpretation services during meetings can be scheduled upon request. To ensure interpreters are available, requests must be made at least 72 hours in advance by calling the Office of the City Clerk at (707) 968-2640 or emailing [email protected].

The schedule of upcoming meetings and published meeting agendas can be found on the City of St. Helena website at https://sthelena.civicweb.net/portal/.

Servicios de interpretación en español durante la reunión pueden ser solicitados por el público. Para asegurar que los intérpretes estén disponibles, los servicios tienen que ser solicitados al menos 72 horas antes de la reunión llamando a la oficina de la Secretaria de la Ciudad al (707) 968-2640 o por correo electrónico a [email protected] .

El horario de las reuniones publicadas y próximas puede ser localizado en el sitio de web de la Ciudad en https://sthelena.civicweb.net/portal/ .

Page

1. CALL TO ORDER

2. ROLL CALL
Mayor: Paul Dohring, Vice Mayor Eric Hall:, City Council Members: Anna Chouteau, Lester Hardy, Billy Summers

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA

5. PUBLIC FORUM:

Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Forum. Each person’s comments shall be limited to 4 minutes. Each person is entitled to speak on any non-agendized

item only once at any meeting. Brief questions by Council Members for clarifications may be posed and answered, and Council Members may make requests that items be placed on future agendas, but in accordance with state law, no substantive discussion or action may take place unless and until the matter properly appears on the agenda.

Estimated start time: 6:10 p.m

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, AND AB 1234 REPORTS:

Reports by staff and/or Council Members on items of general interest. Brief questions for clarification may be posed and answered, and Council Members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the City Council.

Estimated start time: 6:20 p.m.

7. PRESENTATIONS AND PUBLIC RECOGNITIONS

7.1. Oaths of office administered by Cindy Tzafopoulos, City Clerk for:

Valeria Ortiz-Gonzalez, Dispatcher
Iris Solana, Dispatcher
Nyna Horn, Operator in Training – Wastewater Treatment Plant Christopher Berg, Maintenance Worker I – Parks & Trees
Noah Vulk, Maintenance Worker I – Underground Utilities Scott Borges, Maintenance Worker I – Parks & Trees
Monica Perez-Avina, Library Associate II
Darren Gardette, Plant Operator II – Wastewater Treatment Plant Chris Laymon, Plant Operator II – Wastewater Treatment Plant Estimated start time: 6:20 p.m.

7.2. National Latino Month Proclamation
Estimated start time: 6:30 p.m.

Proclamation
7 7.3. National Friends of Libraries Week Proclamation
Estimated start time: 6:35 p.m.

Proclamation
9 8. STAFF BRIEFING
None

9. CONSENT ITEMS
Members of the Council or the public (present at the meeting) may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote) Estimated start time: 6:40 p.m.

9.1. Consideration and proposed approval of Regular Meeting Minutes of September 12, 2023
09-12-2023 Regular City Council - Minutes
11 - 18

9.2. Proposed Approval of a Resolution Declaring the Intention to Reimburse Expenditures Relating to Water and Wastewater Projects from the Proceeds of Tax-Exempt Obligations.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Approve the attached resolution.

Staff Report - Pdf
19 - 22

9.3. August 2023 Review and Forecasting of City Water Supply Availability CEQA Determination: Not a CEQA project
Prepared By: Ian Dale, Environmental Services Tech
Recommendation:

Receive and File.

Staff Report - Pdf
23 - 28

9.4. Consideration and Proposed Approval of a Resolution: 1) Rescinding Resolution 2014-45 Protocol for Committees, Commissions and Boards; and 2) Rescinding Resolution 2022-72 Amending Council Rules of Procedure and Standards of Conduct; and 3) Combining and Reestablishing both the Rules of Procedure for the Conduct of Meetings for City Council, Boards, Committees and Commissions and Standards of Conduct
CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Staff recommends approval of the attached resolution
Staff Report - Pdf
29 - 141

9.5. Consideration and proposed approval of a resolution adopting the City of St. Helena Records Retention and Disposition of Information Policy (Policy) and delegate authority to approve future revisions to the Policy to the City Manager with approval by the City Clerk and City Attorney CEQA Determination: Not a CEQA project
Prepared By: Cindy Tzafopoulos, City Clerk
Recommendation:

Approve the attached resolution.

Staff Report - Pdf
143 - 165

10. PUBLIC HEARINGS
None

11. OLD BUSINESS

None

12. NEW BUSINESS

12.1. Informational report recognizing the formation of the St. Helena Parks & Recreation Foundation
Estimated start time: 7:15 p.m.

CEQA Determination: Not a CEQA project
Prepared By: Dave Jahns, Parks & Recreation Director
Recommendation:

Receive the report and provide feedback as desired.

Staff Report - Pdf
167 - 168

12.2. Introduction and First Reading of an Ordinance Amending Section Chapter 2.04.050 City Council Salary, Considering Proposed Increases to City Council Compensation Based on Changes from Senate Bill 329 that Increases the Maximum City Council Salary that can be Approved by City Ordinance Effective January 1, 2025.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Introduction and first reading of an ordinance amending section Chapter 2.04.050 City Council Salary, approve first reading by title only and waive further reading for proposed changes to the salary of the members of the City Council.

Staff Report - Pdf
169 - 179

12.3. Discussion and Direction Regarding the Establishment of a Preliminary Water/Wastewater Working Group.

CEQA Determination: Not a CEQA project
Prepared By: April Mitts, Assistant City Manager
Recommendation:

Establish a Preliminary Working Group
Staff Report - Pdf
181 - 182

12.4. Approval of a Resolution ratifying known expenditures in an amount of $1,225,458 related to Resolution 2023-106 Public Emergency for Remediation of Discolored Water and authorizing use of Water Operations Fund balance for the repairs.

CEQA Determination: Not a CEQA project
Prepared By: Joseph Leach, Public Works Director and City Engineer, Lesley Milton, Asst. to the City Manager
Recommendation:

Approve the Attached Resolution
Staff Report - Pdf
183 - 282

13. CITY COUNCIL REPORTS:

13.1. A. Association of Bay Area Governments (ABAG) - Executive Board

B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Youth Opportunities Commission
H. Napa County Local Agency Formation Commission (LAFCO) I. Napa Valley Transportation Authority (NVTA)
J. Napa County Watershed Information Center & Conservancy (WICC) K. Upper Valley Waste Management Agency
L. Napa County Groundwater Sustainability Plan Advisory Committee M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports

14. ADJOURNMENT
The next Regular City Council meeting is scheduled for October 12, 2023, at 6:00 p.m.

This agenda was posted at City Hall, 1088 College Avenue, and at Vintage Hall, 465 Main Street, St. Helena, California on September 21, 2023.

Cindy Tzafopoulos, City Clerk
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call the City Clerk’s Office (707) 967-2792. Notification 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CHALLENGING DECISIONS OF CITY ENTITIES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City of St. Helena is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision, including without limitation

Government Code section 65009 applicable to many land use and zoning decisions, Government Code section 66499.37 applicable to the Subdivision Map Act, and Public Resources Code section 21167 applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. Government Code section 65009 and 66499.37, and Public Resources Code section 21167, impose shorter limitations periods and requirements, including timely service in addition to filing.

If a person wishes to challenge the above actions in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of St. Helena, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA
Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, will be available for public review in the City Clerk’s Office located at 1088 College Avenue, St. Helena, California, during normal business hours and by appointment. In addition, such writings or documents will be made available on the City’s web site at https://sthelena.civicweb.net and will be available for public review at the respective meeting.

City of St. Helena

PROCLAMATION

LATINO HERITAGE MONTH
September 15 – October 15, 2023
WHEREAS, National Hispanic Heritage Month (observed in Napa Valley as Latino Heritage Month), began in the United States in 1968 by celebrating the rich cultural traditions of Latino Americans and honoring their significant achievements and contributions to our nation; and
WHEREAS, Latino history is Napa Valley history. It is a story of resilience, determination, and possibility. During Latino Heritage Month, we recognize the countless contributions of Latinos to the Napa Valley throughout every chapter of our history, as well as their central role in our continued growth and prosperity; and WHEREAS, today nearly 35% of Napa County is made up of Latinos who share diverse roots from throughout the Americas, indigenous communities of Latin America, Africa, and beyond; and
WHEREAS, generations of Latinos have helped shape our culture, our values, our society, and our economy; and we are better and stronger and more diverse because of the presence and contributions of Latinos in our community; and WHEREAS, the vision, leadership, and achievements of Latinos continue to enrich all facets of our life. With a commitment to faith, hard work, service and integrity, Latino St. Helenans embrace the ideals upon which our city was founded.

NOW, THEREFORE, BE IT RESOLVED, that I, Paul Jamison Dohring, Mayor of the City of St. Helena, along with our City Council, do hereby proclaim September 15 - October 15, 2023 as LATINO HERITAGE MONTH in St. Helena. Let us observe this month with appropriate ceremonies, activities, and programs that celebrate Latino heritage, honor the contributions of Latinos to our St. Helena story, and recognize the impact Latinos have had on our community.

Dated: September 26, 2023
______________________________
Paul Jamison Dohring, Mayor
City of St. Helena
Agenda Item #7.2.

CITY OF ST. HELENA

PROCLAMATION
National Friends of Libraries Week
October 15-21, 2023
Whereas, Friends & Foundation, St. Helena Public Library raises money that enables our library to move from good to great -- providing the resources for programming, Chromebooks and WiFi hotspots, additional part-time staffing, support for summer reading for all ages, and special events throughout the year; Whereas, the work of the Friends & Foundation highlights on an on-going basis the fact that our library is the cornerstone of the community providing opportunities for all to engage in the joy of life-long learning and connecting with the thoughts and ideas of others from ages past to the present;
Whereas, the Friends & Foundation understands the critical importance of well-funded libraries and encourages community support for the library along with advocating to ensure that our library gets the resources it needs to provide a wide variety of services to all ages including access to the Internet and online resources, print and electronic materials, along with expert assistance in research, readers’ advisory, and children’s services;
Now, therefore, be it resolved that I, Paul Dohring, Mayor of the City of St. Helena, along with the St. Helena City Council, proclaim October 15-21, 2023, as Friends of Libraries Week in St. Helena and urge everyone to thank the Friends & Foundation for all they do to make our library and community so much better.

Dated: July 25, 2023
______________________________
Paul Jamison Dohring, Mayor
City of St. Helena
Agenda Item #7.3.

MINUTES
City of St. Helena
Regular City Council Meeting
Tuesday, September 12, 2023 @ 6:00 PM
Vintage Hall Board Room - Second Floor
465 Main Street, St. Helena
A complete video recording of this meeting, except for closed session, can be found at https://sthelena.civicweb.net/Portal/ or by calling the City Clerk at (707) 968-2742. The City Council video is the official record of the Council meeting.

Present: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers

Absent: None

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. ADOPTION OF THE AGENDA
Vice Mayor Eric Hall moved to adopt the agenda as presented. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

5. PUBLIC FORUM:

No public comment was received.

6. REPORTS BY STAFF AND CITY COUNCIL, FUTURE AGENDA ITEMS, and AB 1234 REPORTS:

City Attorney Ethan Walsh reported that there was no reportable action from the September 12, 2023 Special City Council Closed session meeting.

Agenda Item #9.1.

Regular City Council
September 12, 2023
Council Member Chouteau requested to have the Napa County Agricultural Commissioner address the Council at an upcoming meeting regarding the beetles that are damaging the valley oak trees. Mayor Dohring agreed with the request.

7. PRESENTATIONS AND PUBLIC RECOGNITIONS

7.1 Oaths of office for:
 Iris Solana, St. Helena Police Department Dispatcher
 Valeria Ortiz, St. Helena Police Department Dispatcher This item will be rescheduled to the September 26th City Council meeting.

8. STAFF BRIEFING

8.1 Update Related to the Presence of Discolored Water in the Public Water System by Joe Leach, Public Works Director
Director Leach reported on item.

9. CONSENT ITEMS
Members of the Council or the public may ask that any items be considered individually for purposes of considering alternative action, for extended discussion, or for public comment. Unless that is done, one motion may be used to adopt all recommended actions. (Roll Call Vote)

9.1 Consideration and proposed approval of Regular Meeting Minutes of August 22, 2023

9.2 Approval of a Resolution Authorizing the City Manager to Execute a Non-Profit Grant Agreement with Nimbus Arts in the amount of $20,000 for the FY 2023/24 Funding Cycle and Authorizing a Budget Increase to 101-41-00-24-05 Utilizing General Fund Reserves.

CEQA Determination: Not a CEQA project
Prepared By: Dave Jahns, Parks & Recreation Director, Mandy Kellogg, Administrative Services Director
Recommendation:

Approve the attached resolution.

9.3 Consideration and Proposed Approval of a Resolution Establishing the 2024 Tax Rate for General Obligation Bonds.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Approve the attached resolution.

9.4 Approval of a Resolution Authorizing:

Agenda Item #9.1.

Regular City Council
September 12, 2023

1. Temporary Over-hire of One (1) Sworn Police Officer Position and One (1) Underground Utilities Superintendent Position Above the Current Authorized Allocated Staffing Level; and

2. Authorizing a Budget Increase in Salaries and Benefits to General Fund in the amount of $86,950, Water Fund in the amount of $26,900, and Wastewater Fund in the amount of $13,450 utilizing reserves.

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Approve the attached resolution.

9.5 Consideration and proposed adoption of a resolution (1) Approving temporary street closures; and (2) Authorizing possession of open alcoholic beverages on public streets and parking lots for the 2023 Harvest Festival.

CEQA Determination: Not a CEQA project
Prepared By: Dave Jahns, Parks & Recreation Director
Recommendation:

Staff recommends City Council adopt the attached resolution.

9.6 Consideration and adoption of a Resolution (1) Accepting completion for the emergency water pipeline replacement at the intersection of Mitchell Drive and Highway 29 in St Helena; (2) Authorize staff to release the retention payment.

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

Adopt the attached Resolution.

9.7 Consideration and proposed approval of a first amendment to Professional Services Agreement SHC 2023-050 with Kosmont Companies for additional tasks related to real estate strategies and asset management advisory services for an additional $50,000 for a total not-to-exceed contract amount of $75,000.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:

Approval of the proposed contract amendment.

9.8 Consideration and proposed approval of a resolution authorizing the City Manager to execute an easement agreement with Napa Valley Wine Train to construct, operate and maintain for public use a pedestrian bridge and walkway on the Sulphur Creek trestle bridge located within Assessor Parcel Number 009-090-042-000 and 009-039-000.

CEQA Determination: Class I Categorical Exemption under Section 15301 of Agenda Item #9.1.

Regular City Council
September 12, 2023
CEQA
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

Staff recommends adoption of the attached resolution.

9.9 Consideration and proposed adoption of a Resolution approving the plans for the S18-71 Crinella Pump Station Upgrade Project and authorizing the advertisement for bids.

CEQA Determination: Class I Categorical Exemption under Section 15301 of CEQA
Prepared By: Mario Traverso, Public Works Assistant Engineer Recommendation:

Adopt the attached resolution and authorize staff to solicit proposals for the Crinella Pump Station Upgrade Project.

9.10 Item 9.10 was pulled from consent.

Consideration of Approval of a Resolution Authorizing (1) a temporary street closure of Hunt Avenue from November 20, 2023 until January 3, 2024; and (2) possession of open alcoholic beverages on public streets on November 22, 2023 for the Holiday Wine Barrel Tree installation and lighting ceremony.

CEQA Determination: Not a CEQA project
Prepared By: Dave Jahns, Parks & Recreation Director
Recommendation:

Staff recommends City Council adopt the attached resolution.

9.11 Approval of a Resolution Authorizing the City Manager to Execute a Memorandum of Understanding and Cost Share Agreement for the Installation of Monitoring Wells with Napa County Groundwater Sustainability Agency (NCGSA).

CEQA Determination: Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Recommendation:

Approve the attached resolution.

Item 9.11 wasn't pulled from Consent but Council Member Hardy reported on the item and introduced Jamison Crosby, Napa County Natural Resource Conservation manager.

Jamison Crosby addressed the Council.

9.12 Consider Authorizing the City Manager to Execute and Make Minor Modifications to Amendment No. 2 to Funding Agreement No. 19-19 with the Napa Valley Transportation Authority (NVTA) for additional construction Agenda Item #9.1.

Regular City Council
September 12, 2023
contingency funding for the St Helena to Calistoga Vine Trail Project in an Amount Not to Exceed $133,000.

CEQA Determination: Exempt
Prepared By: Eric Janzen, Assistant Public Works Director Recommendation:

Approve the attached Resolution.

9.13 Item 9.13 was pulled from consent
Adopt Resolution Correcting the Administrative Record on Resolutions 2023-06 and 2023-87 and associated contracts with BKF Engineers to update the Notto-Exceed Dollar Value from $1,045,600 to $1,065,600.

CEQA Determination: Not a CEQA project
Prepared By: Lesley Milton, Asst. to the City Manager
Recommendation:

Approve the attached Resolution
Council Member Anna Chouteau moved to approve items 9.1 - 9.9 and items

9.11 - 9.12 The motion was seconded by Vice Mayor Eric Hall and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

9.10 Consideration of Approval of a Resolution Authorizing (1) a temporary street closure of Hunt Avenue from November 20, 2023 until January 3, 2024; and (2) possession of open alcoholic beverages on public streets on November 22, 2023 for the Holiday Wine Barrel Tree installation and lighting ceremony.

Director Dave Jahns reported on this item.

No public comment was received.

Vice Mayor Eric Hall moved to approve consent item 9.10 The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
Agenda Item #9.1.

Regular City Council
September 12, 2023
ABSENT: None
ABSTAIN: None
RECUSE: None

9.13 Adopt Resolution Correcting the Administrative Record on Resolutions 2023-06 and 2023-87 and associated contracts with BKF Engineers to update the Notto-Exceed Dollar Value from $1,045,600 to $1,065,600.

Director Joseph Leach reported on item.

No public comment was received.

Council Member Anna Chouteau moved to approve consent item 9.13 The motion was seconded by Council Member Billy Summers and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None

10. PUBLIC HEARINGS
None

11. OLD BUSINESS

11.1 Motion to Reconsider the Urgency Ordinance enacting a moratorium on the issuance of any discretionary permit or other entitlement for the demolition or expansion of existing residential units and accessory structures located within the Twenty-acre Agricultural (A-20) district and determining the Ordinance to be exempt from CEQA.
(This item will only be considered if a motion for reconsideration of the urgency ordinance is approved by the City Council)
CEQA Determination: Exempt
Prepared By: Ethan Walsh, City Attorney
Recommendation:

Staffrecommends thatthe City Council:

1. Adopt an Urgency Ordinance of the City Council of the City of St.

Helena enacting a moratorium on the issuance of any permit or other entitlement for the demolition or expansion of existing residential units and accessory structures located within the Twenty-acre Agricultural (AAgenda Item #9.1.

Regular City Council
September 12, 2023
20) district, and determining the Ordinance to be exempt from CEQA.

City Attorney Walsh reported on the item.

Jack Dinkelspiel and George Giannos addressed the City Council.

Council Member Billy Summers moved to reconsider this item. The motion was seconded by Council Member Lester Hardy and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Vice Mayor Eric Hall, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers NOES: None
ABSENT: None
ABSTAIN: None
RECUSE: None
Jack Dinkelspiel and George Giannos addressed the City Council.

Council Member Lester Hardy moved to adopt the Urgency Ordinance enacting a moratorium on the issuance of any discretionary permit or other entitlement for the demolition or expansion of existing residential units and accessory structures located within the Twenty-acre Agricultural (A-20) district and determining the Ordinance to be exempt from CEQA by title only and waived further reading. The motion was seconded by Council Member Anna Chouteau and on roll call carried by the following vote:

AYES: Mayor Paul Dohring, Council Member Anna Chouteau, Council Member Lester Hardy, and Council Member Billy Summers
NOES: Vice Mayor Eric Hall
ABSENT: None
ABSTAIN: None
RECUSE: None

12. NEW BUSINESS
None

13. CITY COUNCIL REPORTS:

13.1 A. Association of Bay Area Governments (ABAG) - Executive Board B. Association of Bay Area Governments (ABAG) - General Assembly C. Napa Valley Tourism Corporation (Umbrella for Napa County) D. League of California Cities – North Bay Division
Agenda Item #9.1.

Regular City Council
September 12, 2023
E. Napa County City Selection Committee
F. Napa County Flood Control and Water Conservation District G. Youth Opportunities Commission
H. Napa County Local Agency Formation Commission (LAFCO) I. Napa Valley Transportation Authority (NVTA)
J. Napa County Watershed Information Center & Conservancy (WICC) K. Upper Valley Waste Management Agency
L. Napa County Groundwater Sustainability Plan Advisory Committee M. Napa County Regional Climate Action Committee
N. Council Ad Hoc and Standing Committee Reports
Council Member Hardy requested a LAFCO update report be provided by the City Manager at a future Council meeting. Mayor Dohring agreed with the request.

14. ADJOURNMENT
Mayor Dohring adjourned the meeting at 7:44 p.m.

CHALLENGING DECISIONS OF CITY ENTITIES
APPROVED:
______________________________
Paul Jamison Dohring, Mayor
ATTEST:
_________________________
Cindy Tzafopoulos, City Clerk
Agenda Item #9.1.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Finance
DATE: September 26, 2023
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Proposed Approval of a Resolution Declaring the Intention to Reimburse Expenditures Relating to Water and
Wastewater Projects from the Proceeds of Tax-Exempt
Obligations.

RECOMMENDED
ACTION:

Approve the attached resolution.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
PURPOSE:

The purpose is to approve a resolution that authorizes the City to reimburse expenditures relating to water and
wastewater projects from the proceeds of tax-exempt
obligations.

FINANCIAL IMPACT: None.

BACKGROUND:

On June 27, 2023, the City of St. Helena City Council approved and adopted Cost of Service and Rate Study Final Report. The Final Report included a Water Enterprise Capital Improvement Plan that identified $35.86 million in water improvement projects and $16.30 million in wastewater improvement projects to be funded with future monies generated from ratepayers and revenue bond proceeds.

City staff is moving to initiate the projects identified in the rate study. However, due to processing times required to secure the funding it is unlikely that funding will be available until after expenses have been incurred. So, staff intends to address this issue with the proposed action with the goal of ensuring that bonds issued are tax-exempt.

DISCUSSION:

The City needs to comply with certain IRS requirements in order for bonds to be issued as tax-exempt. The IRS allows a bond issuer to use the proceeds of its bond issuance to reimburse expenditures made prior to the time bonds are issued, but only so long as the City expresses an intent to do so prior to the actual issuance of the bonds.

A reimbursement resolution is the required expression of intent and is needed if the City will want to use bond proceeds to reimburse itself for costs it actually incurred/payed prior to the issuance of bonds. It then can use the bond proceeds to reimburse itself for costs of the project paid up to 60 days prior to the date the resolution is adopted, subject to certain limitations, the main one being: reimbursement (bond issuance) must occur not Agenda Item #9.2.

later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date on which the project is placed in service, but in no event more than 3 years after the expenditure was paid. No reimbursement resolution is required for reimbursement of soft costs (with a 20% limit for soft costs older than 60 days prior to the resolution) or if a developer, rather than the City, is to be reimbursed. The resolution is not required for reimbursement of “soft” costs (e.g., design, environmental review), however, it is good practice to adopt the resolution well in advance of the expenditure of “hard” costs (e.g., construction, utility relocation).

In order to reimburse from proceeds of the proposed tax-exempt bonds, the City has been advised by its bond counsel that the Council should adopt a resolution indicating the City’s intent to so reimburse. There is no consequence to the City if bonds are ultimately not issued.

The proposed resolution meets the IRS requirement enabling the reimbursement for prior expenditures. The reimbursement will be only from proceeds of the bonds and is not a general obligation of the City.

DOCUMENTS ATTACHMENTS:

Resolution - Reimbursement Resolution
Agenda Item #9.2.

CITY OF ST. HELENA
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST.

HELENA DECLARING INTENTION TO REIMBURSE

EXPENDITURES RELATING TO WATER AND WASTEWATER

PROJECTS FROM THE PROCEEDS OF TAX-EXEMPT
OBLIGATIONS.

RECITALS
A. The City of St. Helena (the “City”) has a need to repair and replace components of its water system and sewage infrastructure within the City; and
B. In response, the City proposes to undertake the water and wastewater projects described below, to issue debt in one or more series for such projects and to use a portion of the proceeds of such debt to reimburse expenditures made for the projects prior to the issuance of the debt; and C. United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditures, the issuer declares an intention to reimburse such expenditure; and
D. It is in the public interest and for the public benefit that the City declares its official intent to reimburse the expenditures referenced herein.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

Section 1. The City Council hereby declares that it reasonably expects to issue or cause the City to issue tax-exempt obligations in one or more series (the "Obligations") for the purpose of paying the costs of water and wastewater system improvements, which may include the acquisition, construction and improvement of water and wastewater collection, transmission and treatment facilities, including, but not limited to, lift Agenda Item #9.2.

stations, transmission pipelines and infrastructure, treatment plants and recycled water facilities (the "Projects").

Section 2. The City hereby declares that it reasonably expects (i) to pay certain costs of the Projects prior to the date of issuance of the Obligations and (ii) to use a portion of the proceeds of the Obligations for reimbursement of expenditures for the Project that are paid before the date of issuance of the Obligations.

Section 3. The maximum principal amount of the Obligations is $2,000,000.

Section 4. This Resolution shall take effect from and after the date of its passage and adoption.

The foregoing Resolution was duly and regularly introduced, passed, and adopted at a Regular Meeting of the St. Helena City Council on September 26, 2023, by the following vote:

Mayor Paul Dohring: ____________
Vice Mayor Eric Hall: ____________
Council Member Anna Chouteau: ____________
Council Member Lester Hardy: ____________
Council Member Billy Summers: ____________
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #9.2.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: September 26, 2023
FROM: Ian Dale, Environmental Services Tech
SUBJECT: August 2023 Review and Forecasting of City Water Supply Availability

RECOMMENDED
ACTION:

Receive and File.

PREVIOUS COUNCIL
ACTION:

Monthly Receive and File reports to City Council.

STATEMENT OF THE
PURPOSE:

To provide monthly updates of the amount of water
produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water
delivered from the City of Napa.

FINANCIAL IMPACT: None
BACKGROUND:

The City of St. Helena publishes a monthly water report on the City website (www.cityofsthelena.org/publicworks/page/water-reports). The report includes the amount of water produced at the Louis Stralla Water Treatment Plant and the Stonebridge Potable Water Wells, and potable water delivered from the City of Napa. In addition to presenting data on the amount delivered monthly, the report includes year-to-date information and prior year data. Water elevation and capacity at the Bell Canyon Reservoir is included as well as information on rain and temperatures.

At the City Council meeting of May 9, 2023, the City Council adopted Resolution 2023-46 adopting City Council goals for FY 2023-24. Five new City Council Goals for FY 2023-24 which include Goal 1: Financial Sustainability, Goal 2: Infrastructure and Environmental Sustainability, Goal 3: Water Security, Goal 4: Community Information and Engagement, and Goal 5: Quality of Life. City Council has the responsibility of establishing broad goals and the City's leadership has the responsibility to develop a work plan to achieve them.

DISCUSSION:

In connection with City Council Goal 2, City staff has developed a forecasting tool to facilitate its ability to optimize water use and track water availability. Included as Attachment 1 is the Monthly Water Report for August 2023. The water produced for August 2023 is down by -19% when compared to August 2022 and is down -24% compared to the average of August 2018-2020. Below is a chart summarizing the water produced per source:

Water Produced per Source
Agenda Item #9.3.

Source
Average (2018 -
2020)
(Acre-Feet)
August 2022
(Acre-Feet)
August 2023
(Acre-Feet)
Bell Canyon 86 79 44.54
Stonebridge Wells 50 46 52.19
Napa Water 61 54 52.77
Total 197 179 149.5
Percent change from August 2022: -19%
Percent change from average of August 2018 - 2020: -24% Bell Canyon Reservoir
The City is no longer in water emergency conditions based upon the Phase I Water Emergency measures being terminated by City Council adopting Resolution No. 2023-94 on July 25, 2023. Bell Canyon Reservoir has adequate water to support the City's needs through this calendar year. The storage in Bell Canyon graph (Attachment 2) has been revised to include historic reservoir supply levels since July 2021. It also shows the water availability forecast through June 2024 based on the highest water usage during a nondrought year (FY 2019/20) and 10 inches of rainfall (lowest recorded).

As of September 1, 2023, Bell Canyon Reservoir elevation was at 418.55 feet representing approximately 2,124.92 acre feet (AF) and 89.14% capacity. Bell Canyon spillway level is 422 feet representing 2,383.69 acre feet in water supply volume. Below is a chart comparing Bell Canyon elevation levels, water supply availability in acre feet, and percent capacity of the reservoir on September 1st in 2021, 2022, and 2023.

Year 2021 2022 2023
Bell Canyon Elevation Level 395.88 Ft. 412.27 Ft. 418.55 Ft.

Acre Feet 740 AF 1,680 AF 2,124.92 AF
Percent Capacity 31.0% 70.5% 89.14%
As a follow up to the May 24, 2022, City Council meeting, staff developed a graph (Attachment 3) highlighting the relationship between the reservoir elevation level and water supply availability in acre feet. The graph shows the current status of the reservoir.

Furthermore, the graph also displays the points where City Council decided to declare Phase I and Phase II Water Emergencies in 2020.

Continued Water Conservation
California experienced two consecutive dry years 2020 and 2021. Due to the combination of warmer-than-average temperatures and minimal precipitation in the state, the Department of Water Resources (DWR) declared 2021 as the fourth-driest year on record statewide. The record-breaking dry period in January and February 2022, and the absence of significant rains in March 2022, required DWR to reduce anticipated deliveries from the State Water Project (SWP). However, the reduction at the time did not affect St.

Helena as the City has multiple robust water sources not affected by the executive order.

Water availability from the Bell Canyon reservoir is based on the City's State Water Rights Agenda Item #9.3.

permit and not the SWP. The City has not received any curtailment order from DWR nor does the City anticipate receiving one.

It should be noted that on July 25, 2023, the City Council adopted Resolution No. 2023- 94 to formally end the Phase I Water Emergency. The projected demand on the system versus the anticipated rainfall over the next year reflects an available supply in Bell Canyon approximately 1,895 acre-feet, significantly above the 1,481 acre-feet standard for declaration of a Phase I Water Emergency. Staff will monitor State-wide and local drought conditions, weather conditions, and provide updates on a monthly basis. The corresponding staff report provided a variety of data to reflect the disposition of the water supply at that time in relation to the Council-adopted Safe Yield Policy.

City of Napa Water Supply
Normal operations continue at Rutherford Pump Station (RPS) and the City is taking delivery of the allotment purchased from City of Napa. During the month of August 2023, Rutherford Pump Station was producing an average of 0.554 MG/day for a total of 52.77 acre feet (AF) for the month.

DOCUMENTS ATTACHMENTS:

MWR August 1-31 2023
Attachment 2 - Bell Canyon Water Storage Forecast
Attachment 3 - Bell Canyon Reservoir Storage Phase I II Agenda Item #9.3.

CITY OF ST. HELENA

MONTHLY WATER REPORT
CC: CC __X__ PC__X__ FILE _____
RECEIVED: _____ BY: __

LOUIS STRALLA

WATER PLANT
TK #1 & #2
ADJUST

44.54 14.51 -0.14

29.9% -0.3%

48.70 MG MG
n/a MG MG
n/a MG MG

1.57 MG MG
% %

84.79 AF 29.0% 80.96 AF 44.1%

27.62 MG 26.37 MG
103.85 AF 35.5% 55.32 AF 30.1%

33.83 MG 18.02 MG
103.61 AF 35.5% 47.25 AF 25.7%

33.75 MG 15.39 MG
TOTAL WATER PRODUCED 292.25 AF 100.0% 183.53 AF 100.0%

DELIVERY (ALL)

0.25 0.08
418.55 FT. FT.
-1.15 FT. FT.
2124.92 AF AF

89.1 % %

0.00 IN IN
0 IN IN
DISCLAIMER: The data presented in this report is approximate and for informational purposes only.

Updates will be provided if any errors are identified.

AVERAGE 78.65 77

REMARKS
City of Napa Water Delivery: RPS producing an average of 0.554 MG/day during August 2023.

THIS MONTH, THIS YEAR THIS MONTH, LAST YR.

DEGREES IN FAHRENHEIT 57.6-99.7 54.0-100.8

TEMPERATURES
MONTHLY RISE OR DROP -1.05
CAPACITY AT END OF PERIOD 1680.00
PERCENT OF FULL CAPACITY 70.5
RAINFALL IN THIS PERIOD 0.27
TOTAL RAINFALL SEASON TO DATE 1.14
ELEVATION BELL CANYON RESERVOIR 412.27
STONEBRIDGE APARTMENTS MG/August 1 -31 0.27 MG/August 1-31

WATER ELEVATION, CAPACITY & RAINFALL

THIS FISCAL YEAR LAST FISCAL YEAR
NAPA VALLEY COLLEGE MG/August 1 -31 0.13 MG/August 1-31

STONEBRIDGE POTABLE WELLS

SBW IRRIGATION WATER
THIS MONTH THIS MONTH, LAST YR.

THIS FISCAL YEAR LAST FISCAL YEAR

LOUIS STRALLA WATER PLANT

NAPA WATER
MINIMUM DAILY PRODUCED 1.65
AVERAGE DAILY PRODUCED 2.07

WATER YEAR TOTALS

WATER PRODUCED DELIVERY (AGGREGATE)
TOTAL PRODUCED THIS PERIOD 69.90
MAXIMUM DAILY PRODUCED 2.47

0.34 17.19
PERCENT 35.0% 35.4%
-0.44

August 1-31, 2023

STONEBRIDGE

POTABLE
WELLS
SBW

IRRIGATION
WATER

NAPA WATER

THIS YEAR LAST YEAR
AMOUNT PRODUCED in AF 52.19 1.03 52.77
AMOUNT PRODUCED in MG 17.00
Agenda Item #9.3.

BellCanyon Water Storage Forecast
Assumes: (1) Highest usage during non—drought year (FY2019/20) (2) 10" of Rainfall (Lowest Recorded)
2500
2383 2383 2383 2380
2356
2250
2000
1750
A 1500
Entered Phase 1 - 1,431 Acre Ft.
1250
Historic Projected
Supply Level (Acre Feet
1000
Entered Phase 2 - 939 Acre Ft.
\ 826
750 \\ 741
V 683
50° 596 Acre Feet*
250
25% reserve for fire
Agenda Item #9.3.

Agenda Item #9.3.

Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Administration
DATE: September 26, 2023
FROM: Cindy Tzafopoulos, City Clerk
SUBJECT: Consideration and Proposed Approval of a Resolution: 1) Rescinding Resolution 2014-45 Protocol for Committees,
Commissions and Boards; and 2) Rescinding Resolution
2022-72 Amending Council Rules of Procedure and
Standards of Conduct; and 3) Combining and
Reestablishing both the Rules of Procedure for the
Conduct of Meetings for City Council, Boards, Committees and Commissions and Standards of Conduct

RECOMMENDED
ACTION:

Staff recommends approval of the attached resolution

PREVIOUS COUNCIL
ACTION:

July 8, 2014 Resolution 2014-45 Establishing the Protocol for Committees, Commissions and Boards
August 9, 2022 Resolution 2022-72 Amending Council
Rules of Procedure
On July 25, 202, the City Council considered edits
presented from the review committee. It was the
consensus of the City Council for additional edits related to public comment and absences.

STATEMENT OF THE
PURPOSE:

The purpose is to combine and reestablish the City
Council, Committees, Commissions and Boards Rules of
Procedure for the Conduct of Meetings & Standards of
Conduct.

FINANCIAL IMPACT: None
BACKGROUND:

The City Council established the Protocols for the Committees, Boards and Commission on July 8, 2014 by resolution 2014.45. (Attachment 1).

The City Council's Rules of Procedure for the Conduct of Meetings & Standards of Conduct most recent amendment occurred on August 9, 2022 (Attachment 2).

DISCUSSION:

On October 11, 2022, the City Council appointed a subcommittee of Mayor Dohring and Council Member Hardy to work with the City Manager and City Clerk to address key Agenda Item #9.4.

items for effective rules of procedure for the conduct of meetings & standards of conducts for all elected and appointees of the City Council.

The subcommittee and staff focused on the following areas:

1. Refresh the format of the City Council agenda and staff reports to endeavor to provide additional clarity and/or information; and

2. Identified that the City will publish the agenda according to Brown Act guidelines, but endeavors to publish as early as possible. This affords the City Council and the community an opportunity to have ample time to read the staff reports for consideration.

3. Update the City Council Code of Conduct to have a more focused approach of enforcement and sanctions; and

4. Address the recent legislation change related to the Teleconferencing procedures. The Brown Act was amended to include strict guidelines to be able to teleconference; and

5. Combine the City Council, Boards, Committees & Commissions Rules of Procedure for the Conduct of Meetings & Standards of Conduct. The committee felt it was prudent to combine all the bodies into one set of protocols for all. The City Clerk will be tasked to visit each body and present and review the new protocols; and

6. Clarify that public comment would reduce from 4 minutes to three minutes if a large group of people are present to provide public comment. The committee felt this has been a standard practice, but felt it would be good to memorialize the practice; and

7. Verbiage was added to address excessive absences since the previous version didn't address this issue.

Staff provided in Attachments 3 and 4 redline and clean versions of the proposed City Council, Boards, Committees & Commissions Rules of Procedure for the Conduct of Meetings & Standards of Conduct. Attachment 5 is Rosenberg's Rules of Order.

DOCUMENTS ATTACHMENTS:

Attachment 1 - 2014-45 Approving the City of St. Helena Protocol for Committee, Commissions and Boards and Related Documents
Attachment 2 - 2022-72 AMENDING COUNCIL RULES FOR SELECTION PROCESS

OF CITY BOARDS COMMITTEES AND COMMISSIONS
Attachment 3 - 2023 Rules of Procedure and Conduct Exhibit A - Redlined Attachment 4 - 2023 Rules of Procedure and Conduct Exhibit A - Clean Attachment 5 - Rosenberg’s Rules of Order Simple Parliamentary Procedures for the 21st Century
Attachment 6 Resolution
Agenda Item #9.4.

CITY OF ST. HELENA
RESOLUTION NO. 2014-45
APPROVING THE CITY OF ST. HELENA PROTOCOL FOR

COMMITTEES, COMMISSIONS AND BOARDS AND RELATED

DOCUMENTS
WHEREAS, the City Council has a created a number of committees, boards and commissions, including the Planning Commission, the Parks and Recreation Commission, the Library Board of Trustees, the Tree Committee, the Sustainability Committee, the Multicultural Committee, the Active Transportation Committee, and the Water Board; and WHEREAS, the City's committees, commissions and boards provide a valuable service to the community and the City Council relies on these entities to provide information, advice, recommendations and decisions related to their area of expertise and authority; and WHEREAS, the City Council desires to standardize committee structure and operating procedures and provide necessary guidance in order to ensure these committees, commissions and boards are efficient and effective and serve in the best interests of the community; and WHEREAS, at its regular meetings of November 27, 2012, January 23, 2013, July 23, 2013, and June 10, 2014, the City Council discussed a draft City of St. Helena Protocol for Committees, Commissions and Boards, and received public testimony on the draft Protocol.

NOW, THEREFORE, BE IT RESOLVED that the St. Helena City Council adopts the St.

Helena Protocol for Committees, Commissions and Boards and related Meeting Ground Rules, Committee Standards of Conduct, Agenda format and Minutes format, as set forth in Exhibit A.

PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the City of St. Helena held on the gth of July, 2014 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

AnnNevero
Mayor
Councilmember: White, Sculatti and Mayor Nevero
None
Councilmember: Crull and Pitts
None
ATTEST:
1 Agenda Item #9.4.

City of St. Helena Protocol
for
Committees, Commissions and Boards (CCB)
St. Helena Committees, Commissions and Boards (CCB) function under the direction of the City Council on behalf of the City and its residents. The Council establishes committees by ordinance or resolution defining the role, purpose and membership. While each one functions specific to its purpose, all must follow the same overriding principles which are herein defined.

This protocol is intended to provide general guidance, and is not intended to supersede or conflict with any provision of State law, the St. Helena Municipal Code or other ordinance adopted by the City Council, which In the event of any conflict shall control.

ROLE AND PURPOSE
The City Council determines a committee's role and purpose at the time it is created, which should be defined clearly enough to easily communicate the purpose of the committee to the general public.

Committees may be 1) on-going standing committees, or 2) established for a specific purpose with an expected end date. Roles and purpose may be general or specific, but all will have a clearly defined goal, task or product.

Recommended changes in the role or purpose of a committee must be brought to the City Council to clarify how the proposed changes will provide improved or additional benefit.

MEMBERSHIP AND COMMITTEE STRUCTURE
The City Council defines the membership size by resolution or ordinance when establishing a committee. A committee consists of a minimum of five and a maximum of seven members, except the Planning Commission which consists only of five regular members. The Council may appoint up to two alternate members to serve on a committee in order to ensure a quorum can be reached if members cannot attend. City Council members and staff shall not sit as members on any committees. However, 1 Agenda Item #9.4.

the City Council may, in its discretion, appoint two Council members in the composition of a City Council subcommittee for a specific purpose.

As required by State law, the Mayor shall nominate committee members from the pool of applicants, and they will be appointed only after a majority vote approval by the City Council. Applicants may choose to attend the City Council meeting and make a statement in support of their application before the Council votes on the appointment.

Residency. Committee members must reside within the St. Helena City limits. The Council may approve an exception to this rule on a case-by-case basis. All five Planning Commissioners must live within the St.

Helena City limits.

Member Terms. Committee members will serve two years from the date of appointment, except Planning Commissioners who will serve four years. Non-standing committee membership will be based upon the timing of the specific project. In establishing a new committee, or when reducing existing terms from three years to two when those terms come up for reappointment, the Council may initially impose staggered terms consisting of one and two year terms.

Removal of a member may occur for reasons such as, but not limited to, excessive absences, Brown Act violations, and conduct violations. Recommendations to the City Council for removal may be made by a committee member, member of the public, staff member, or City Councilmember. Notwithstanding the foregoing, the City Council may in its discretion at any time vote to remove a member of any committee for any reason or none, with or without cause.

Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a sealed vote and approved by the City Council.

The chairperson runs the meeting in accordance with the agenda. The vice chairperson has the same powers and duties of the chair if the chair is absent or unable to act. If both the chair and vice-chair are absent or unable to act, the committee selects by motion and majority vote one member as acting chair for the duration of the meeting or absence.

Subcommittees. The committee may in its discretion appoint members to subcommittees for the purpose of researching specific issues, conducting community outreach, and/or formulating recommendations to the committee, and may also engage experts or other persons (who will not be considered as members). Subcommittee membership will be less than a majority of the total membership of the committee. Prior to creating a subcommittee, the committee will consult with staff to determine whether the subcommittee is subject to the Brown Act, in which case formation of the subcommittee will be subject to Council approval.

Bylaws. Committees may adopt bylaws governing their work that are consistent with this protocol and other City laws. Proposed bylaws must be reviewed by staff and approved by the City Council. 2 Agenda Item #9.4.

MEETING ADMINISTRATION
• Committees should meet at a regular interval (day and time) and location to facilitate public attendance and to provide an accessible forum for the public to attend. • Committees and committee members shall conduct themselves in accordance with the requirements of State law and the Municipal Code.
• Meetings must be noticed to the public at least 72 hours prior to regular meetings, and 24 hours prior to special meetings, as required by the Brown Act. • All meeting notices must be posted outside St. Helena City Hall and on the City website. • Agendas must adhere to the form provided by the City to ensure consistency and clarity. • Meeting minutes will be recorded using the City template and submitted for approval at the next committee meeting. Once approved, the minutes are submitted to the City Clerk for official record.

Quorum and Voting. A quorum is required to hold a meeting. A quorum is defined as the majority of the number of members, not counting alternates, which officially comprise a committee. Absences and vacancies do not change the quorum number. For example, if a committee is established with five members, the quorum is three members. If there are two vacancies on the committee, the quorum is still three members.

If a committee meets but does not have a quorum, either through lack of a quorum at the start of the meeting or due to members leaving the meeting, the committee may not conduct its regular business.

In these instances, the committee may only act to adjourn to the next meeting date, recess, or take measures to obtain a quorum.

A majority vote is required to approve any action by the committee, unless otherwise required by law.

Alternate Members. Alternate members may vote only upon one of the following conditions:

1. Absence of one or more of the regular members of the committee; or

2. Disqualification of a regular member of the committee due to an expressed conflict of interest.

If more than one alternate member is present and only one vote is available, the alternate members will toss a coin to determine who may vote.

City Staff Liaison. The City Manager will designate a staff liaison to each committee. The liaison will be available to attend committee meetings at the request of the committee chair and with advance notice.

The staff liaison's role is to assist the committee in understanding City functions and requirements, such as state regulations, Municipal Code requirements, and conflict of interest and Brown Act requirements.

The staff liaison ensures the continued flow of information regarding the City's efforts and progress on work that pertains to the committee's topic area. The staff liaison will collect and file committee records and minutes.
3 Agenda Item #9.4.

CITY COUNCIL REPORTS
The chairperson or committee designee will appear at a City Council meeting at least once per quarter to report on the committee's activities and projects and to provide updates to the Council and community. The City Council will provide input and direction at that time. Committee chairpersons or designated committee members are encouraged to appear before the Council whenever they feel it is necessary to obtain Council direction or share information.

PROFESSIONALISM AND MEETING BEHAVIOR
As official representatives of the City of St. Helena, committee members are expected to conduct their duties in keeping with the St. Helena Committee Standards of Conduct and to maintain the highest level of professionalism during their tenure. Committees conduct City-sanctioned work for the benefit of all St. Helena residents.

All St. Helena committee meetings will be conducted in an open, fair and professional manner.

Committees must ensure a welcoming atmosphere for all participants. St. Helena Meeting Ground Rules must be posted at each meeting, and adhered to, in order to ensure meetings are efficient, productive and respectful.

Committees are formed to improve understanding, ideas, processes or outcomes, and by definition that means individuals will have, and should have, different, and perhaps controversial, opinions. Open, honest dialogue is the goal, and is not to be viewed as a problem. Discussion of topics, not discussion of individuals, should be the focus of committee members both inside and outside the meetings.

Committee members represent the City of St. Helena, and therefore may not negatively discuss members or public participants outside meetings. Members can request staff assistance, either during or after the meeting, with unruly or disruptive participants. No committee member should tolerate abuse toward other participants, members or themselves.

THE BROWN ACT AND CONFLICT OF INTEREST RULES
The Brown Act
Members of St. Helena committees are required to function under the Brown Act. Committees should have a clear understanding of Brown Act rules. The City will provide committees with Brown Act training materials, which must be reviewed by all members. Committee chairs can request specific information from City staff regarding Brown Act questions.

In general, the Brown Act requires all meetings of a legislative body of a local government, including all committees established by the St. Helena City Council, to be open and public. In some instances these requirements will apply to subcommittees.
4 Agenda Item #9.4.

• All meetings must be properly noticed and discussion items properly agendized. • A "meeting" means any gathering of a majority of the members of a committee to hear, discuss or deliberate on any matter within the committee's jurisdiction. • Communication outside a meeting by members is restricted by the Brown Act if that communication results in:
o A "serial" meeting involving a majority of the committee members. A serial meeting may occur if a member communicates to one member, who then communicates to another member, until a majority of members have become involved in the communication.
o a "spoke and wheel" meeting where a member separately communicates to a majority of members.
• In order to avoid unintended "meetings" involving a quorum, committee members should generally submit their comments to staff, and should not engage in "reply all" emails or emails or other communications involving a majority of the committee.

Violations of the Brown Act are serious, and can jeopardize the validity of committee decisions.

Violations that are willful can carry criminal penalties.

Conflicts of Interest/Due Process
In addition to the Brown Act, State laws, such as the Political Reform Act ("PRA"), impose certain conflict of interest rules on City committee members. For example, the PRA requires members to make certain financial disclosures and prohibits members' participation in decisions affecting members' financial interests.

As with the Brown Act, the City will provide committees with conflict of interest training materials, which must be reviewed by all members. Committee chairs can request specific information from City staff regarding conflict questions.

Conflicts may exist where a member lives in close proximity to a project site or other place affected by the committee's decision, or where a committee member's personal financial interests or the financial interests of a member's business, family or source of income may be affected by the decision to be made by the committee. In such instances, the member may be prohibited from participating in the decision.

Conflict of interest rules are complex. Moreover, as with the Brown Act, violations of the PRA are serious, and can jeopardize the validity of committee decisions. Violations can result in substantial fines and criminal penalties.

Committee members may receive assistance on questions from the State Fair Political Practices Commission ("FPPC"), which is the agency that is responsible for the implementation and enforcement of the PRA. In addition, Committee chairs may ask staff for assistance. Because conflict questions are often complex and fact-intensive, committee members are urged to attempt to identify potential conflict issues well in advance of meetings at which the decision is to be made. 5 Agenda Item #9.4.

Finally, in addition to conflict of interest rules involving financial interests under the PRA, some committee decisions on matters that require committees to act as "judges," as for example when the Planning Commission acts on subdivision map applications or use permits, variances and/or design review, fair hearing and due process requirements apply. Those requirements may preclude members from participating in decisions where the member is "personally embroiled" in the decision at stake, and also may require members to disclose information received outside of a public hearing so that stakeholders may also hear and respond to such information.

As with conflict and Brown Act requirements, committee chairs may seek assistance from staff with respect to fair hearing/due process issues, and members are urged to attempt to identify and disclose such issues well in advance of the public hearing.
6 Agenda Item #9.4.

City of St. Helena
Meeting Ground Rules

1. Start on time

2. Everyone come prepared

3. If you called the meeting, run it well

4. If you are at the meeting, participate

5. Stay on topic

6. One person speaks at a time

7. Be open and honest

8. Actively listen- no side conversations, texting or
cellphone use

9. No negative body language or personal attacks

10. End on time
7 Agenda Item #9.4.

[COMMITTEE NAME]

AGENDA -REGULAR MEETING
[MEETING ADDRESS]
[MEETING DATE AND TIME]
1) ROLL CALL: [LIST MEMBERS, COUNCIL LIAISON, AND STAFF LIAISON] 2) APPROVAL OF MINUTES: [Date of minutes]
3) PUBLIC FORUM: An opportunity for the public to directly address the [Committee] on items of interest to the public that are not listed on the agenda. Any person addressing the [Committee] should provide his or her name and address, and limit comments to five minutes. Because of restrictions imposed by the Brown Act, the [Committee] may not engage in substantive discussion, nor take action on matters not described on the agenda.
4) SCHEDULED MATTERS:
[List each item of business to be transacted or discussed at the meeting, with a brief description generally not exceeding 20 words and an approximate time allocated for the item.] 5) REPORTS AND ANNOUNCEMENTS BY MEMBERS AND STAFF: Reports by staff and/or [Committee] members on items of general interest. Brief questions for clarification may be posed and answered, and [Committee] members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the [Committee].
[List with approximate time allocated for each item]
6) DISCUSSION OF ITEMS TO BE PLACED ON THE NEXT MEETING AGENDA 7) ADJOURNMENT
The next regularly scheduled [Committee] meeting will be held on [Date]. This agenda was posted at City Hall, 1480 Main Street, and at [location where meeting will be held] on [Date].

Cindy Black, Interim City Clerk
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact City Hall at (707) 967-2792. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR35.102-35.104 ADA Title 11). However, City staff will attempt to assist at any time with accessibility. The City Clerk has equipment to assist those with a hearing impairment.
8 Agenda Item #9.4.

2) ROLL CALL:

MINUTES OF THE REGULAR MEETING OF THE
[COMMITTEE NAME]
[Meeting Location]
[Meeting date and time the meeting was called to order] PRESENT: [List members, Council liaison, and staff liaison. Guests and staff scheduled to give reports or presentations may also be listed. Do not list members of the public in attendance.] ABSENT: [List members, Council liaison, and staff liaison] 3) APPROVAL OF MINUTES: MIS: [Moved/Seconded: Name/Name]. Ayes: ["All" or individual names]. Noes: [''None" or Names]. Abstain: [''None" or Names]. 4) [UST ALL AGENDA ITEMS and, if a vote was taken, indicate MIS, Ayes, Noes, and Abstain.

Although not required, the minutes may briefly discuss major points of the discussion, report or presentation. Ifthere was no discussion of the agenda item, state so. For example:

A. Election of Officers: Susan Smith was elected Chairperson and John Davis was elected Vice Chairperson. MIS: Stuart/Price. Ayes: All. Noes: None. Abstain: None.

B. Green Building Regulations: The group reviewed the subcommittee's research on green building regulations and agreed to make a presentation to the City Council and seek direction from the Council on potential new regulations the Council may wish to adopt. The staff liaison will request an agenda item be placed on the City Council's agenda in January. MIS:

Gonzales/Moore. Ayes: All. Noes: None. Abstain: None.

C. Plastic Bag Ban. This item was not discussed. ]
5) ADJOURNMENT: The meeting was adjourned at [Time].

The next regularly scheduled [Committee] meeting will be held on [Date, location and time].

SUBMITTED BY:
9 Agenda Item #9.4.

Committee Standards of Conduct
Appointment to a City of St. Helena committee provides a unique opportunity for service to the community and leadership in the community. These positions carry an obligation of ethical conduct and personal integrity that will foster public respect, confidence and trust.

The Standards of Conduct are adopted to provide guidance to committee members to assist in fully understanding the role and responsibility of the position.

Responsibilities of Committee Service
In carrying out the responsibilities, committee members shall:

A. Perform their responsibilities in a manner that is efficient, courteous, responsive and impartial, providing fair and uniform treatment of all person and issues; B. Seek the overall public good in all decisions;
C. Foster effective, courteous and cooperative working relations with fellow members of the committee, the City Council, City staff, and the public; D. Serve as a communicator between the community and the City Council and City staff, and facilitate expression of citizen views;
E. Abide by all applicable Conflict of Interest laws, policies and regulations; Disclose possible conflicts of interest and not participate in any official decision which could materially affect the member's financial or personal interest, nor attempt to influence the vote on any such manner; F. Avoid any action which could be construed by an objective person to create the appearance of using public office for personal gain, including use of City stationery or other City resources to obtain or promote personal business, giving preferential treatment to any person or group, or impeding governmental responsiveness or efficiency;
G. Identify personal opinions and recommendations, avoiding any implication that they are those of the committee unless such position has been duly voted; and H. Refuse gifts, service or any promise of future benefit that could be construed to compromise independence of judgment or action as a public official.

Committee Behavioral Norms
A. Committee members are encouraged to share their opinions throughout the deliberative process including the rationale that led to their position.

B. The committee will allow sufficient time during meetings so members do not feel rushed and have time to digest what is said and form their own opinion.

C. Committee members will listen respectfully to each other and the public, and will respond to comments respectfully, avoiding verbal attacks.

D. The committee will stay positive and productive even when members disagree, demonstrating leadership characteristics appropriate for appointed leaders of the community.

E. All members will be given an equal opportunity to speak up and discuss the issues. 10 Agenda Item #9.4.

F. Committee members will refrain from negative body language in response to comments by committee members or the public.

G. The Chairperson will start the discussion with a different committee member for each agenda item.

H. When committee action is contemplated, the Chairperson will ensure that all committee members have had a chance to ask questions and make comments prior to entertaining any motion.

I. Any committee member who notices disruptive behavior may call "Points of Order'' and the Chairperson will address the behavior.

Committee/Staff Relationships and Conduct
A. Committee members shall recognize that the primary functions of staff liaisons are to execute actions taken by the committee and keep the committee informed.

B. Each committee member must recognize that only the full committee has power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the official conduct of City business. Individual committee members shall make no attempt to pressure or influence staff decisions, recommendations, workloads and schedules, and departmental priorities without the prior knowledge and approval of the committee as a whole.

C. Individual committee members shall not intrude into functions which are the responsibility of staff including, but not limited to, staff decision-making, staff recommendations, work schedules, and other day to day management/administrative operations.

D. Staff is obligated to take guidance and direction only from the committee as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual committee members to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to their management superiors, who may inform the committee as a whole of such attempts.

E. Committee members shall make every effort to avoid surprising the staff during public meetings. If there is an issue or a question a committee member has on an agenda item or a matter the committee member intends to bring up at the meeting, that member should contact staff prior to the meeting to alert them to the issue and state the question or concern.

F. Requests by committee members for information or assistance shall be responded to provided that, in the judgment of their management superior, such requests are not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the committee. In terms of making the judgment, the following guidelines shall be considered: 1) the request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; 2) the request should only impose a "one time" rather than ongoing work requirement; and 3) the response to the request should not require more than one staff person working on the issue in excess of one to two hours.

G. When staff response to a committee member's request involves written material which may be of interest to other committee members, the staff liaison will provide copies to all committee members. In deciding items of interest, the staff liaison will consider whether the information is significant, new or otherwise not available to the committee. 11 Agenda Item #9.4.

RESOLUTION NO. 2022- 7,2,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. HELENA

AMENDING THE COUNCIL RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS AND CITY COUNCIL STANDARDS OF CONDUCT T0

AMEND THE SELECTION PROCESS FOR CITY BOARDS, COMMITTEES AND

COMMISSIONS
WHEREAS, on May ll, 2021, the City Council adopted Resolution No. 2021-63, adopting the most recent version of the City Council Rules of Procedure for the Conduct of Council Meetings & Standards of Conduct (the “Rules of Procedure”); and
WHEREAS, the Rules of Procedure include a process for making appointments to City boards, committees and commissions, includingthe process of considering and evaluating applications for those positions; and
WHEREAS, the City Council desires to amend the process for considering and evaluating applications for City boards, committees and commissions as set forth in this Resolution; NOW, THEREFORE, BE IT RESOLVED The City Council of the City of St. Helena, California, does resolve as follows:

SECTION 1. Recitals. The City Council of the City of St. Helena hereby ?nds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

SECTION 2. Amendment to Section 2.25 of the Rules of Procedure. The third paragraph of Section 2.25 of the Rules of Procedure is hereby amended to read as follows:
[OPTION 1:

Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and quali?cations.
lowest-ar At a council meeting following completion of the shall nominate applicants and appointments are subject to approval by the majority of Council.] SECTION 3. Rules of Procedure Remain in Effect. Except as modified and amended by this Resolution, all other provisions of the Rules of Procedure shall remain unchanged and in full force and effect. SECTION 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

Agenda Item #9.4.

PASSED, APPROVED AN
D
bythe Council ofCity Helena St. City
California, at a regular meeting held thofe following byvote: 9th day August, 2022, is
Mayor Ellsworth: se
nt Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hall.

Councilmember Hardy:

PAUL SON DOHRING, J

VICE MAYOR
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Agenda Item #9.4.

Exhibit A

CITY COUNCIL, BOARDS,

COMMITTEES & COMMISSIONS

RULES OF PROCEDURE FOR THE

CONDUCT OF COUNCIL

MEETINGS
&

STANDARDS OF CONDUCT
Agenda Item #9.4.

2 Agenda Item #9.4.

3 TABLE OF CONTENTS

1. PURPOSE .....................................................................................................4

1.1 Council-Manager Form of Government ..............................................4

1.2 City Council Vision and City Council Mission......................................4

2. RULES OF PROCEDURE FOR THE CONDUCT OF
COUNCIL MEETINGS ……….......................................................................5

2.1 Regular Meeting..................................................................................5

2.2 Special, Emergency, and Adjourned Meetings .................................56

2.3 Regular Meeting Agenda ....................................................................6

2.4 Public Testimony and Comments Before the Council.........................7

2.5 Roll Call and Voice Votes .................................................................89

2.6 Consent Items …………………………................................................9

2.7 Reports………………………………….................................................9

2.8 Closing Time of Council Meetings ......................................................9

2.9 Old Business…………………… ......................................................910

2.10 New Business…………………… ....................................................910

2.11 Office of the Mayor……………………...............................................10

2.12 Office of Mayor Pro Tempore (Vice Mayor) …………………… ....1011

2.13 Action by the Council…………………… .........................................110

2.14 Adoption by Majority Vote…………………… ....................................11

2.15 Discussion……………………............................................................11

2.16 Ratification of Actions…………………….......................................1112

2.17 Procedural Motions…………………… ..........................................1112

2.18 Withdrawal of Motion……………………........................................1213

2.19 Duty to Vote…………………… .........................................................13

2.20 Introduction and Passage of Ordinance……………………...............13

2.21 Closed Sessions…………………… ..................................................13

2.22 Quorum…………………… ................................................................14

2.23 Telephonic Teleconference Attendance Of Council Members At Council Meetings……………………...........................................................1415

2.24 Public Hearings…………………… ................................................1624

2.25 Appointments to Committees and Boards……………………........1624

2.26 Protocol for Committees, Commissions and Boards(CCB)…………25

2.276 Rosenberg’s Rules of Order: Simple Parliamentary Procedures Agenda Item #9.4.

4 for the 21st Century……………………..........................................1731

3. CITY COUNCIL STANDARDS OF CONDUCT ......................................1731

3.1 Policy Purpose…………................................................................1731

3.2 Ethics…………..............................................................................1731

3.3 Code of Ethics and Conduct………. .............................................2035

3.4 Enforcement and Sanctions..........................................................2540

3.5 Implementation………….. .............................................................2941

APPENDIX
Exhibit–Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
Agenda Item #9.4.

5 1. PURPOSE
The purpose for establishing City Council Protocols is to provide an effective environment for the City Council to provide leadership. The protocols may be amended by resolution adopted by a majority vote of the Council Members and should be reviewed on a regular basis to ensure that the document remains helpful to the Council by providing a framework for effective leadership.

The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances.

1.1 Council-Manager Form of Government
The City of St. Helena operates according to the Council-Manager form of government which vests authority in an elected City Council which, in turn, hires an appointed executive, the City Manager. The City Council is composed of five members elected from the City on a nonpartisan basis to serve overlapping four-year terms. The Mayor is elected at-large to serve a two-year term as presiding officer at City Council meetings and as the official head of the City for legislative and ceremonial purposes. The City Manager is appointed by the City Council and serves at the pleasure of that body.

The City Council is the City’s legislative and policy-making body. Acting as a whole, the City Council is responsible for setting the direction of City policy and for adopting ordinances, resolutions and other orders as necessary for governing the City. The City Manager is responsible for the overall administration of the City, which includes implementation of the general policies set by the City Council in addition to the day-to-day operation of all City functions. The City Manager, with the help of the Staff, provides the City Council with the information needed to fulfill its policy-making role.

The Council-Manager form of government separates legislative and executive responsibilities in a manner similar to state and federal governments. This system provides "checks and balances" of both policy and administrative branches of government by limiting the power of each.

1.2 City Council Vision and City Council Mission
Council Vision
St. Helena strives to be a diverse, inclusive, family-friendly, economically and environmentally sustainable community which prudently manages all of its resources, continues to improve its infrastructure, ensures its water security, provides a full range of housing, business, cultural and Agenda Item #9.4.

6 recreational opportunities and cherishes its historic, small-town character, beautiful natural environment and high quality of life.

Council Mission
The City of St. Helena is dedicated to serving its citizens by:
• Promoting a culture of equity, diversity and inclusion • Supporting thriving families and ensuring the health and wellbeing of our youth
• Ensuring our long-term economic sustainability and focusing on new and diverse sources of revenue
• Preventing, preparing for, and mitigating fire and other local emergencies
• Improving and maintaining City infrastructure
• Updating our water management policies to ensure an adequate water supply
• Responding innovatively to climate change challenges and adopting environmentally sustainable best practices
• Preserving our historic, small-town, rural character
• Expanding recreational, active transportation and cultural opportunities • Facilitating innovative, well-designed housing for residents of all backgrounds, ages and income levels
• Encouraging full civic participation and ongoing communication • Strengthening regional collaboration with other public entities and building partnerships with local service providers and stakeholders (See Resolution Number 2021-__, dated May 11, 2021.)

2. RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

2.1 Regular Meeting
The Council shall hold a Regular Meeting on the second and fourth Tuesday of each month, except that the Council may by motion at a Regular Meeting and with adequate public notice, either cancel that meeting or reschedule it to some other date.

Regular Meetings shall be held at the Vintage Hall Board Room, 465 Main Street, St. Helena, and shall begin at 6:00 p.m. If it is necessary to hold a closed session prior to the start of a Regular Meeting, the closed session may begin earlier than the normal starting time to allow the Regular Meeting to begin at 6:00 p.m. Closed session may also occur after a regular meeting was adjourned or outside of a regular meeting day. The closed session shall begin in an open meeting and the Council shall adjourn to closed session.

Agenda Item #9.4.

7 2.2 Special, Emergency, and Adjourned Meetings
(a) Special Meetings. The Mayor or the Vice Mayor in the Mayor’s absence or a majority of the members of the Council or the City Manager may at any time call a Special Meeting. At least twenty-four hours before a Special Meeting, written notice of the meeting stating its time and place and the subjects to be considered shall be (a) delivered to the Mayor and each Councilmember personally or by any other means; (b) posted on the Council’s principal bulletin board, City website and place of meeting; and (c) emailed to the agenda subscribers. Only those items of business specified in the notice may be considered at a Special Meeting called in this manner.
(b) Emergency Meeting. The Council may hold an Emergency Meeting in emergency situations as set forth in the City’s Municipal Code and State Law.
(c) Adjourned Meeting. A properly called Regular, Special, or Emergency Meeting may be adjourned to a time and place specified. A copy of the notice of adjournment shall be posted as specified on the door of the place where the meeting was held within twenty-four hours after the time of the adjournment. Further notice need not be given of an adjourned session of a properly called Regular, Special, or Emergency Meeting.

2.3 Regular Meeting Agenda
(a) Setting and Posting of Agenda. The agenda of business to come before the Council at a Regular Meeting shall normally be closed at the end of eighteen business days preceding the meeting. Under State Law the agenda for a Regular Meeting must be posted at least seventy-two (72) hours prior to the scheduled convening of the Regular Meeting, and no items may be added to the agenda fewer than seventy-two (72) hours prior to the meeting except as may be allowed by State Law. The City Council endeavors to publish the meeting agenda at least ten daysas early as possible prior to the meeting, but no later than 72 hours in advance.
(b) Placing Items on the Council Agenda. Each City Council agenda shall specifically provide for a discussion of Future Agenda Items. Any Council Member may request that an item be considered on a future agenda during that portion of the City Council meeting and, upon agreement by a second Council Member concurring that Staff time and City resources should be expended on the item, the item shall be placed on the soonest practical regularly scheduled Council meeting as determined by the City Manager. A member of the public may request that an item be placed on a future agenda during Public Forum or through other communication with a Council Member. Staff reports may not be prepared on Council Member requested items until Council discussion has occurred and direction provided by the Council unless Staff otherwise Agenda Item #9.4.

8 determines. If Council action is contemplated, proposed action shall be included in the Staff report. The City Manager may also add any item of business to a future agenda in his or her sole discretion. (c) Agenda Packet Distribution. Each Councilmember shall be furnished an e-agenda copy of the agenda and the package of agenda material by no later than 5:00 p.m., on the FridayFriday prior to the regular meeting. However, staff will strive to publish the agenda as early as possible. The requirement is to publish 72 hours in advance meeting Brown Act guidelines.eleven days preceding a Regular Meeting, and Tthe agenda and agenda materials shall be available for public inspection and distribution or copying at that the time of publication. Each Councilmember may opt out from receiving a paper agenda and instead receive and review the agenda electronically on a City issued iPad. Any agenda materials not included in the agenda package by 5:00 p.m., that Friday shall be separately identified, and the Council may by majority vote continue such agenda item until the following meeting to allow for proper study of the materials.
(d) Order of Agenda. The business of the Council shall be taken up for consideration in substantially the following order except as may be otherwise ordered:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Adoption of the Agenda

3.5. Approval of the Minutes

4.6. Public Forum

5.7. Reports by Staff and City Council, Future Agenda Items and AB 1234 Reports

6.8. Presentations and Public Recognitions

7.9. Staff Briefing

8.10. Consent Items and Items Removed from Consent

9.11. Public Hearings

10.12. Old Business

11. New Business

13. Items likely to be placed on the next or future meeting agenda.

12.14. City Council Reports

13.15. Adjournment
Agenda Item #9.4.

9 (e) A copy of the agenda and the package of agenda materials shall be made available for public inspection at City Hall. and at the St. Helena Public Library at or near the time they are circulated to the City Council.

2.4 Public Testimony and Comments Before the Council
(a) Addressing the Council Generally. Each person addressing the Council may give his or hertheir name and address (optional) in an audible tone of voice for the record. Each person’s comments are limited to four minutes except as provided in section (b) regarding land use Public Hearings. In the further interest of time, the Mayor may reduce the fourminute time limit for all speakers in circumstances where a large number of citizens intend to make public comments. Additionally, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said. Organized groups may choose a single spokesperson who may speak for the group. Speakers may not concede their allotted time to another speaker. The Mayor may extend time for the speaker. (b) Addressing Council at Land Use Public Hearings. An applicant appellant at a land use Public Hearing shall be permitted to address the Council for 15 minutes following the Staff report. If there is a spokesperson for the opposition, the spokesperson shall be permitted to speak for 15 minutes. All other speakers are limited to four minutes each.

Applicant shall first be permitted five minutes at close of public comments for rebuttal. If the applicant is the appellee the appellant shall have 15 minutes, the applicant appellee shall have 15 minutes, the appellant five minutes, and the applicant appellee five minutes.
(c) Presentation by Spokesperson. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council, and, in case additional matters are to be presented at the time by any other member of the group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council.
(d) Irrelevant Testimony. The Mayor shall rule out of order any testimony not relevant to the agenda item then under discussion.
(e) Protocol. The purpose of public testimony is for Councilmembers to benefit from the views of the public. Comments from the public should be directed towards the Council. Councilmembers and Staff should avoid entering into a dialogue with members of the public who may address the Council. Questions raised by members of the public may be referred to Staff.
(f) Public Comment on Agendized Items. Members of the public are entitled to speak on any item on the agenda during a Public Hearing on the subject matter opened by the Mayor. Each person is entitled to speak Agenda Item #9.4.

10 on any agenda item only once at any meeting, and the right to speak at the appropriate time waives any further right to address the Council on that item at that meeting. Participation in debate on any item before the Council shall be limited to members of the Council, although Councilmembers may ask members of the public for additional information.

Written communications addressed to the City Council are to be referred to the City Clerk for:

Forwarding to the Council and posting to the appropriate agenda packet item. Written communication must be received at least three hours prior to the meeting to be included in the agenda packet.

Written communication will not be read aloud at the meeting. (g) Public Comment on Non-Agendized Items. Members of the public are entitled to speak on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Forum” when that item is called by the Mayor. Each person is entitled to speak on non-agendized items only once at any meeting. Brief questions by Councilmembers for clarifications may be posed and answered, and Councilmembers may make requests that items be placed on future agendas, but in accordance with State Law, no substantive discussion may take place unless and until the matter properly appears on the agenda.

2.5 Roll Call and Voice Votes
A roll call vote shall be taken on the approval of the Consent Calendar, the introduction of ordinances, and the adoption of ordinances, resolutions, and orders for the payment of money. Roll call votes shall be entered in the minutes of the Council showing those members voting yes, those voting no, and those abstaining or absent.

Any other motion may be passed by voice vote provided, however, that any Councilmember may request a roll call vote on any items to be voted on.

2.6 Consent Items
Those items on the agenda considered routine by the City Manager shall be grouped together under “Consent Items” and the recommended actions approved by a single vote of the Council. At the request of any Councilmember or any other person present at the meeting, a Consent Item shall be considered separately following approval of the remaining “Consent Items.” Items approved under the heading “Consent Items” will appear in the Council minutes in their proper form, as if approved item by item.

Agenda Item #9.4.

11 2.7 Reports
Under the agenda heading “Reports” the City Manager, other City Staff, and Councilmembers may make reports on matters not on the agenda. Also at this time, Councilmembers or Staff may identify issues or agenda items that need to be addressed by the City Attorney during the meeting, and may propose future agenda items.

2.8 Closing Time of Council Meetings
Council meetings shall adjourn by 9:00 p.m. However, the Council may by majority vote extend the meeting up to an additional thirty minutes (9:30 p.m.) if the Council deems such extension necessary. A unanimous Council vote shall be required to extend the meeting past 9:30 p.m. and adjourn by 10:00 p.m.

Otherwise, the meeting shall be adjourned to another day acceptable to the Council, or unfinished business may be continued to the next regular meeting.

2.9 Old Business
“Old Business” will include uncompleted items carried over from a prior meeting agenda and placed under this agenda heading for consideration.

2.10 New Business
The Council shall not consider any resolution, motion, or matter which does not affect the conduct of the business of the City of St. Helena or its corporate powers or duties as a municipal corporation nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of the State or Nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of St. Helena or its officers or employees as such.

2.11 Office of the Mayor
The Mayor shall preside at meetings of the Council, shall be entitled to vote on all matters, and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. The Mayor will recognize members that wish to speak.

The Mayor shall have the following powers:
a) To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes;
b) To enforce the Council’s rules regarding public testimony and to determine whether a speaker has gone beyond reasonable standards Agenda Item #9.4.

12 of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground;
c) To ensure that the public has reasonable opportunity to be heard; d) To entertain and answer questions of parliamentary law or procedure; e) To call a brief recess at any time;
f) To adjourn in an emergency;
g) To appoint a Vice Mayor subject to Council approval who shall serve during the term of the Mayor, and becomes the Mayor Pro Tempore in the Mayor’s absence.

2.12 Office of Mayor Pro Tempore
A Councilmember who serves as Mayor pro tempore shall be entitled to vote on all matters and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. In the Mayor’s absence, the Mayor pro tempore shall have the Mayor’s powers and duties. If the Mayor should become physically or mentally unable to perform the duties of his or her office, the other Councilmembers may by unanimous vote declare the Mayor is incapacitated and confer the Mayor’s powers and duties on the Mayor pro tempore.

When the Mayor declares that he or she is no longer incapacitated, and a majority of the Council concurs, the Mayor shall resume the exercise of his or her powers and duties. If both the Mayor and the Mayor pro tempore are absent from a meeting, the Council may elect from among its members a temporary chair to preside at the meeting.

2.13 Action by the Council
Action by the Council shall be by motions made and voted upon. A motion shall require a second. The Mayor and any other Councilmember may make or second a motion. A substantive motion is out of order while another substantive motion is pending.

2.14 Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules or the laws of California.

Resolutions, orders for the payment of money, and all ordinances require at least three votes for passage.

2.15 Discussion
The City Council shall address an agenda item as follow:

Agenda Item #9.4.

13 (a) Staff shall introduce the agenda item and present the Staff report. (b) City Council shall ask questions of Staff.
(c) The Mayor will invite public comment on the item.
(d) Having received all public testimony, the Council will deliberate on the matter.
(e) If appropriate, the Mayor will entertain a motion, including any motion proposed by the Mayor.
(f) If a motion has received a second, the Mayor shall state the motion and if any Council Member wishes for the discussion, open for additional Council discussion.
(g) The Mayor shall preside over the discussion according to the following general principles:

1. The maker of the motion is entitled to speak first;

2. A person who has not spoken on the issue shall be recognized before someone who has already spoken;

3. To the extent possible, the discussion shall alternate between opponents and proponents of the measure.

2.16 Ratification of Actions
To the extent permitted by law, the Council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion.

2.17 Procedural Motions
(a) In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority of the votes cast, a quorum being present, for adoption. (b) To Adjourn. The motion may be made only at the conclusion of action of a pending substantive matter; it cannot interrupt deliberation of a pending matter.
(c) To Take a Brief Recess.
(d) Call to Follow the Agenda. The motion must be made at the first reasonable opportunity, or the right to make it is waived for the outof-order item in question. (e) To Suspend the Rules. The motion requires for adoption a vote of a majority of the quorum of the Council. The Council may not suspend provisions of the rules that are state requirements imposed by law on the Council.

Agenda Item #9.4.

14 (f) To Divide a Complex Motion and Consider It by Paragraph. (g) To Call the Previous Question. The motion is not in order until every member has had an opportunity to speak once.
(h) To Continue an Item to a Future Meeting Certain.
(i) To Refer to Staff for Action.
(j) To Amend. An amendment to a motion must be pertinent to the subject matter of the motion. An amendment is improper if the amended motion has the same effect as rejection of the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last amendment is disposed of by a vote.
(k) To Reconsider. The motion must be made by a member who voted with the prevailing side, and only at the meeting during which the original vote was taken, including any continuation of that meeting through adjournment to a time and place certain, or at the next Regular Meeting unless intervening actions taken based on the original action make such reconsideration impracticable. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment of the meeting. (l) To Rescind or Repeal a Previous Action. A motion to rescind or repeal a previous action is not in order if the rescission or repeal is forbidden by law or made inappropriate by virtue of actions taken in accordance with the previous action.
(m) To call for a Straw Vote. The Mayor, at the Mayor’s discretion, may call for a Straw Vote among members on any item prior to inviting public testimony or Council comment.

2.18 Withdrawal of Motion
A motion may be withdrawn by the introducer at any time before a vote, with or without the consent of any “seconder” of the motion. However, any other Councilmember may ask to be considered the introducer of the motion and, if again seconded, debate may continue without further interruption.

2.19 Duty to Vote
Every member must vote on every item unless prevented from doing so by virtue of an actual or potential conflict of interest under applicable State Law. Any member who believes he or she has a conflict or potential conflict of interest must announce such at the initiation of discussion or when such conflict or potential conflict becomes apparent, and shall refrain from any part in the debate, deliberations, or voting on that issue, except as allowed by State Law.

Agenda Item #9.4.

15 2.20 Introduction and Passage of Ordinance
A proposed ordinance shall be deemed to be introduced on the date the subject matter is first voted on by the Council. The Mayor shall read the title of the ordinance, after which a roll call vote shall be taken to introduce the ordinance.

The City Clerk shall then read the ordinance in its entirety unless such reading is waived by a separate motion adopted by unanimous vote of the Councilmembers present. An ordinance, other than an urgency, may not be passed within five days of its introduction or alteration. Corrections of typographical or clerical errors are not alterations.

2.21 Closed Sessions
(a) The Council may hold closed sessions only as provided for by law and according to the provisions herein.
(b) As part of any regular or special City Council meeting as appropriate, the City Council, the City Attorney, and relevant Staff may discuss and agree upon the need for any future closed sessions, including the legal authority for the closed session and the nature of the matter to be discussed, in adequate detail to meaningfully inform the public while maintaining required confidentiality and any applicable attorney-client privilege. Where the City Manager and City Attorney agree that the nature of a matter requires consideration in closed session, the requirement for prior open session discussion shall not apply.
(c) The City Council agenda for any regular or special Council meeting shall include general information about closed sessions as follows:

The City Council will convene in open session at the
stated time, but will then adjourn to address any
closed sessions items listed on the agenda. The
public is invited to address the Council with comment
on any listed closed session item immediately prior to
Council’s adjournment into closed session or
consistent with any other provisions permitting public
comment. The Council will reconvene in Public
Session at 6:00 p.m. or at the first Council meeting
following any closed session. At that time, if
appropriate and as required under the Brown Act, any
actions taken during the preceding closed session will
be announced by the City Attorney or Mayor. If
necessary, the Council may reconvene in closed
session to continue discussion of listed items
following the completion of open session business.
(d) The City Council agenda for any regular or special Council meeting at which the Council will adjourn to closed session shall provide Agenda Item #9.4.

16 notice of that closed session as provided for under the Brown Act and shall include a narrative description of the legal authority for the closed session and the nature of the matter to be discussed in adequate detail to inform the public while maintaining required confidentiality or any applicable attorney-client privilege. Reporting out of closed session shall be consistent with the requirements of Brown Act, and may be of greater detail than required when the disclosure of such detail is not inconsistent with maintaining required confidentiality and any applicable attorney-client privilege.

2.22 Quorum
A majority of the actual membership of the Council, including the Mayor but excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present.

2.23 Telephonic Teleconference Attendance Of Council Members At Council Meetings
(a) The City Council Procedures provisions concerning
TelephonicTeleconference Attendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a Council meeting via telephonicteleconference appearance are actively discouraged.
(b) Effective January 1, 2023, Assembly Bill 2449 amended the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members.
• Applicability
(c) When a legislative body member wishes to attend a legislative meeting by teleconference under the provisions of Assembly Bill 2449, codified at California Government Code Section 54953(f) et seq., the following policies and procedures shall apply. Nothing herein is intended to prevent a member’s ability to attend a legislative meeting remotely if such attendance is otherwise authorized by Government Code Section 54953.
• Terms
(d) “Chairperson” shall mean the Mayor or Chair of the legislative body, as applicable. “Vice-Chairperson” shall mean the Vice Mayor, or Vice-Chair of the legislative body, as applicable.
“City” shall mean City of St. Helena
Agenda Item #9.4.

17 “Description” shall mean a brief general description of a legislative body member’s circumstances that warrant teleconference meeting attendance under the “Just Cause” exception or “Emergency Circumstances” exception, which need not exceed 20 words and need not to disclose any medical diagnosis, disability, or exempt personal medical information. (GC 54953(f)(2)(A)(i)–(ii)) “Disclosure” shall mean an announcement by the Member, made during the legislative meeting where the Member will attend by teleconference, disclosing the presence of other individuals over the age of 18 in the room at the Member’s teleconference location, and the general nature of the individual’s relationship to the Member. (GC 54953(f)(2)(B))
“Legislative body” shall have the same meaning as prescribed by Government Code Section 54952, i.e. a body that is subject to the Ralph M. Brown Act.“ Meeting” and “legislative meeting” shall have the same meaning as prescribed by Government Code Section 54952.2, i.e. a meeting of a legislative body that is required to be noticed under the Ralph M. Brown Act.
“Member” shall mean a member of a legislative body.
“Notification” shall mean a notification from a legislative body member of the Member’s need to attend a meeting by teleconference under the “Just Cause” exception. Notifications shall not require legislative body approval. (GC 54953(f)(2)(A)(i))
“Request” shall mean a request from a legislative body member that their legislative body actively approve their request to attend a meeting by teleconference under the “Emergency Circumstances” exception. (GC 54953(f)(2)(A)(ii))
“Teleconference” attendance at a legislative meeting, for purposes of this policy, shall be presumed to be accomplished by Zoom or the equivalent two-way audio-visual virtual software platform in use by the City at that time. “Teleconference” attendance shall mean attendance solely by virtual platform and shall not include a Member who attends a meeting in person and secondarily views the meeting by virtual platform. Provisions of this policy shall apply only to teleconference attendance under AB 2449 and shall not constrain the Member’s ability to attend by teleconference under other sections of the Brown Act.
• Available Exceptions for Teleconference Attendance
Agenda Item #9.4.

18 The Member shall be responsible for determining which of the two available exceptions is applicable to the Member’s need to attend by teleconference. The Member’s determination shall not be investigated by staff as to the veracity of any such request or claim.

Such determination shall be subject to review by the legislative body alone. The available exceptions are:

1. “Just Cause” (GC 54953(f)(2)(A)(i))

2. “Emergency Circumstances” (GC 54953(f)(2)(A)(ii))
• Exceptions Defined
Exception #1: “Just Cause” circumstances are defined as any one of the following:
a. Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely.
b. A contagious illness that prevents the member from
attending in person.
c. A need related to a physical or mental disability.
d. Travel while on business of the legislative body or another state or local agency.

Exception #2: “Emergency Circumstances” are defined as a physical or family medical emergency that prevents a member from attending in person.

The foregoing definitions are set forth in this policy for convenience; in the event applicable law is changed to amend the nature of qualifying teleconference circumstances, the amended law shall supersede this section. • Limitation on Number of Uses
Members may attend meetings by teleconference under AB 2449 no more than the following number of times per calendar year:
a. City Council: Four (4) meetings per year
b. Planning Commission: Four (4) meetings per year
c. All other Boards, Committees and Commissions: Two (2) meetings per year
The above limitations shall factor in all meetings noticed under the Brown Act, whether Regular, Special, Closed, Joint, or otherwise. In the event a Member Agenda Item #9.4.

19 attends by teleconference multiple, contiguous meetings held on the same date, each meeting shall be counted separately.

1. Notwithstanding any other provision, a Member may utilize the “Just Cause” exception no more than two (2) times per calendar year.

2. Notwithstanding any other provision, a Member may not attend meetings solely by teleconference for a period of more than three consecutive calendar months.
a. In the event a Member attends meetings solely by
teleconference for a period of three consecutive calendar months, or attends meetings by teleconference the maximum number of allowable times per year, the Member must either attend in person; attend by other permissible teleconference provisions; or be counted as absent, for the remaining meetings in that calendar year.
• Procedure for Legislative Body Members
A Member wishing to avail themselves of the “Just Cause” exception shall adhere to the following:

1. Notification of the member’s need to attend by
teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting or during any prior meeting.
a. If the notification and description are delivered prior to the meeting, the Member shall submit the notification and
description:
b. In writing by email;
c. To the entire legislative body, preferably to the body’s group email address;
d. With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act.

Agenda Item #9.4.

20 1. If the notification and description are delivered during a meeting prior to the meeting where the Member wishes to attend by teleconference, the Member shall make the required notification and description during the Member Comments order of business.

2. If the notification and description are delivered at the start of the subject meeting, the Member shall be present on the teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required notification and description during the meeting prior to the attendance roll call. (Refer to Section 3 below.)

3. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the notification and description.

4. A Member wishing to avail themselves of the “Emergency Circumstances” exception shall adhere the following:
a. A request that the legislative body approve the Member’s request to attend by teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting.
b. If the request and description are delivered prior to the meeting, the Member shall submit the request and description:
•In writing by email;
•To the entire legislative body, preferably to the body’s group email address;
•With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act, so long as there is no discussion of any item of business within the legislative body’s jurisdiction. Regardless, the legislative body’s action to approve or deny the teleconference request must be taken during a noticed meeting.

Agenda Item #9.4.

21 b. If the request and description are made at the start of the subject meeting, the Member shall be present on the
teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required request and description during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.)

5. The legislative body must move to approve or deny the request during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.)

6. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the request and description.

7. Notwithstanding any other provision, teleconferencing Member(s) shall participate through both audio and visual technology. Members may mute their microphone while not speaking, but Members shall be visible through the visual technology at all times during the meeting. In the event a member is not visible, the member shall be noted as absent during that period.
• Recordkeeping
The Member shall be responsible for assuring that any description, notification, request, and/or disclosure related to teleconference attendance are made in a manner that may be placed into the meeting record.

1. To the extent that the Member’s notification, description and/or request is delivered prior to the meeting, staff shall archive the written communication as agenda correspondence along with the meeting record.

2. To the extent that the Member’s notification, description, request, and/or disclosure is delivered during a legislative meeting, staff shall record the same in the minute record, along with record of the legislative body’s action to approve or deny any “Emergency Circumstances” requests.

Agenda Item #9.4.

22 3. The legislative body’s Minute Clerk shall keep data regarding each Member’s use of teleconference attendance provisions under AB 2449, and apprise the Chairperson if any Member has reached their annual limit. (Refer to Limitation on Number of Uses, above.) • Meeting Procedures
Business to be conducted by the legislative body relating to compliance with these regulations shall be conducted after the Call to Order, but prior to the attendance roll call, of the meeting where a Member will or may attend by teleconference. The Chairperson shall be responsible for the conduct of this portion of the meeting, with assistance from staff if needed. All related business shall be conducted in a manner that is evident to other meeting attendees and may be recorded in the meeting record. Such business to be conducted prior to attendance roll call shall include, and be conducted in substantially this form:

1. If any Member is not present in person and the Chairperson is not aware of the Member’s planned absence, the Chairperson shall acknowledge that the Member either is, or may be, present on the teleconference platform.

2. If necessary, staff shall confirm whether the Member is present on the teleconference platform.

3. If the Member is present on the teleconference platform:
a. If the Member has made their notification or request in writing prior to the meeting: The Chairperson shall note for the record that the Member has submitted a notification and description of the need to attend the meeting by teleconference under the “Just Cause” exception; or made a request and description to be permitted to attend by teleconference under the “Emergency Circumstances” exception.
b. If the Member has not made their notification or request in writing prior to the meeting: The Chairperson shall prompt the Member make their notification of the need to attend the meeting by teleconference, and description of the
circumstances giving rise to the need under the “Just Cause” exception; or make their request to be permitted to attend by teleconference, and description of the circumstances giving rise to the need under the “Emergency Circumstances” exception.

Agenda Item #9.4.

23 c. If the Member makes a request to be permitted to attend by teleconference under “Emergency Circumstances” exception, whether before or during the meeting:
i. Any Member present in person may move to add an
item of business to the agenda on an urgency basis to allow the legislative body to act on the Member’s request. If no motion is forthcoming, the Chairperson shall so move. Such action shall comply with Government Code Section
54954.2(b).
ii. Thereafter, the Chairperson shall ask the remaining Members to either approve or deny the request. Any
Member may move approval or denial, but if no motion is forthcoming, the Chairperson shall so move. Members shall consider the request in good faith and shall not capriciously deny the request. The request shall be deemed approved if at least a majority (at least 2 of 3, or 3 of 4) of the Members present in person consent.
d. The Chairperson shall, finally, prompt the Member to disclose the presence of any other individuals over the age of 18 in the room at the Member’s remote location, and the general nature of the individual’s relationship to the Member.

Notwithstanding any other provision, this disclosure shall be made on record during the meeting.
e. If the Member is not present on the teleconference platform; if the Member refuses to make the required requests or
disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not
approved, the Member shall be recorded as absent. (Refer to Failure to Comply, below.)
f. This process shall be repeated for each Member not present in person who does, or may, wish to attend the meeting by teleconference.
g. The Chairperson shall then prompt the Meeting Clerk to proceed to attendance roll call.

Agenda Item #9.4.

24 4. In the event the Chairperson wishes to attend a meeting by teleconference, the Vice-Chairperson, if present in person, shall be responsible for performing the Chairperson’s duties as outlined above. Thereafter, the teleconferenced Chairperson may chair the remainder of the meeting, or may ask that the Vice-Chairperson do so.

5. In the event both the Chairperson and Vice-Chairperson wish the attend the meeting by teleconference; or in the event the Chairperson wishes to attend by teleconference and the ViceChairperson is absent, an Acting Chairperson shall be selected from among the Members attending the meeting in person, in order to perform the Chairperson’s duties as outlined above.

6. In the event three (3) or more Members attempt to join a meeting by teleconference; and/or in the event two (2) or fewer Members are present in person at the meeting location; staff shall announce that the meeting cannot be convened.
• Failure to Comply; Enforcement Measures
In the event a Member attempts to attend a meeting by teleconference in excess of the allowable number of times per year; in excess of three consecutive months; without making the necessary notices, requests, or disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not approved, the Chairperson shall, at the start of the meeting prior to the attendance roll call, ask the remaining legislative body members for concurrence to disallow the Member’s attendance at the meeting.

After such concurrence, staff shall permit the Member to remain on the teleconference platform, but shall demote the Member to a passive attendee, and note the Member as absent for the attendance roll call, and in the meeting record.

1. Repeated inability or refusal to comply with the provisions of this policy, or related laws, may be grounds for consideration of dismissal of an Advisory Body Member by the City Council.

2. In the event a Member’s inability or refusal to attend a meeting by teleconference in compliance with this policy, or related laws, results in the Member being recorded as absent from the meeting, existing policies and laws regulating legislative body member absences (including Bylaw provisions for Advisory Body Agenda Item #9.4.

25 Members, and Government Code Section 36513 for Council Members) shall apply.
• Other Compliance Measures
In addition to the above provisions relating the conduct of legislative body members, whenever at least one Member attends a meeting by teleconference under AB 2449, staff shall be responsible for other applicable compliance measures, including but not necessarily limited to the following:

1. Staff shall assure that each posted agenda provides, and describes, means by which all members of the public may observe or attend the meeting and offer public comment.

2. Staff shall assure that members of the public are allowed to make public comment in real time during all allotted public comment periods while attending at a Member’s teleconferencing location, and shall give sufficient time for interested parties to indicate their interest in speaking, and request the Member to unmute their device, in order to allow them to comment via the teleconference platform.

3. Staff shall give notice of, and implement, a procedure for swiftly resolving requests for reasonable accommodations for individuals with disabilities.

4. All votes taken at a meeting where any Member attends by teleconference under the provisions of AB 2449 shall be taken by roll call vote.
• Conflict Between Law and Policy
In the event this policy conflicts with applicable state law, as exists or may be amended in the future, state law shall control, and the validity of the remaining sections of this policy shall be unaffected.
(a) Telephonic attendance shall only be permitted in the event of extraordinary events such as a medical, family or similar emergency requiring a Council Member’s absence. In addition, at least a quorum of the Council must participate from a location within the City (Government Code Section 54953(b)(3)).
(b) If these two threshold requirements are met, the Council Member who will be appearing telephonically must ensure that:

1. The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting.

Agenda Item #9.4.

26 2. The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration.

3. The teleconference technology used is open and fully accessible to all members of the public, including those with disabilities.

4. Members of the public who attend the meeting at the
teleconference location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers.

5. The teleconference location must not require an admission fee or any payment for attendance.

6. If the Council Member determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting via teleconference.
(c) Approved Teleconference Guidelines for Council Members:

1. One-week advance written notice must be given by the Council Member to the City Clerk’s office; the notice must include the address at which the teleconferenced meeting will occur, the address the Council packet should be mailed to, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. Cellular telephones shall not be used to participate in teleconferenced meetings.

2. The Council Member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred.

The City Clerk will assist, if necessary, by faxing or mailing the agenda to whatever address or fax number the Council Member requests; however, it is the Council Member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the oneweek advance written notice above.

3. The Council Member must ensure that the location will be publicly accessible while the meeting is in progress.

4. The Council Member must state at the beginning of the Council meeting that the 72-hour posting requirement was met at the location and that the location is publicly accessible. The Council Member also must describe the location. Furthermore, the City Agenda Item #9.4.

27 Clerk will provide Council with a quarterly report detailing the telephone charges associated with teleconferenced meetings.

2.24 Public Hearings
Public Hearings shall be scheduled and notice published without any action required by the City Council, excepting that the Council may, if it so desires, scheduled a Public Hearing on an item of interest for a date certain. In order to accommodate members of the public responding to a noticed Public Hearing, such Hearings will, to the extent practicable, begin at 6:00 p.m. At the time designated for the Public Hearing, or soon after as is practicable, the Mayor shall direct the attention of the Council Members to the Staff report and Staff may respond to questions from Council members, after which the Mayor shall formally open the Public Hearing and members of the public shall be allowed to speak in accordance with the rules set forth elsewhere in these Rules of Procedure.

When the allotted time expires, or when no one wishes to speak who has not done so, the Mayor shall declare the hearing closed.

Following the close of the Public Hearing, the Council may discuss or take action on the matter in accordance with these rules. The Mayor may in his or her discretion allow questions and/or comments from the public after close of Public Hearing.

2.25 Appointments to Committees and Boards
The City Clerk posts a Notice of Vacancy in the City designated posting locations, the City’s website and sends a Media Release to the St. Helena Star advertising vacancies to Commissions, Committees and Boards.

Applicants must submit a completed application to the City Clerk and shall be interviewed by the Council at a special meeting prior to a regular meeting.

Applicants are requested to list references on their applications and individual Council Members may contact those references as part of the interview process.

Council Members contacting references should disclose this information during the appointment process.

Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. At a council meeting following completion of the interviews, the Council shall discuss the applicants and open positions, including the Council members’ preferences for applicants. Following these deliberations, the Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. Council shall rank all applicants from highest to lowest and appoint by ballot process. Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.

Agenda Item #9.4.

28 Depending on the qualifications of the applicants and the needs of the City, there may be times when the City Council does not appoint an applicant who has applied. If an applicant is not appointed, the City Clerk will automatically readvertise for the vacant position(s) to seek additional applicants.

2.26 Protocol for Committees, Commissions and Boards (CCB) St. Helena Committees, Commissions and Boards (CCB) function under the direction of the City Council on behalf of the City and its residents. The Council establishes committees by ordinance or resolution defining the role, purpose and membership. While each one functions specific to its purpose, all must follow the same overriding principles which are herein defined.

This protocol is intended to provide general guidance, and is not intended to supersede or conflict with any provision of State law, the St. Helena Municipal Code or other ordinance adopted by the City Council, which in the event of any conflict shall control.

ROLE AND PURPOSE
The City Council determines a committee’s role and purpose at the time it is created, which should be defined clearly enough to easily communicate the purpose of the committee to the general public.

Committees may be 1) on-going standing committees, or 2) established for a specific purpose with an expected end date. Roles and purpose may be general or specific, but all will have a clearly defined goal, task or product.

Recommended changes in the role or purpose of a committee must be brought to the City Council to clarify how the proposed changes will provide improved or additional benefit.

MEMBERSHIP AND COMMITTEE STRUCTURE
The City Council defines the membership size by resolution or ordinance when establishing a committee. A committee consists of a minimum of five and a maximum of seven members, except the Planning Commission which consists only of five regular members. The Council may appoint up to two alternate members to serve on a committee in order to ensure a quorum can be reached if members cannot attend. City Council members and staff shall not sit as members on any committees. However, the City Council may, in its discretion, appoint two Council members in the composition of a City Council subcommittee for a specific purpose.

As required by State law, the Mayor shall nominate committee members from the pool of applicants, and they will be appointed only after a majority vote approval by the City Council. Applicants may choose to attend the City Council meeting and make a statement in support of their application before the Council votes on the appointment.

Agenda Item #9.4.

29 Residency. Committee members must reside within the St. Helena City limits.

The Council may approve an exception to this rule on a case-by-case basis. All five Planning Commissioners must live within the St. Helena City limits.

Member Terms. Committee members will serve two years from the date of appointment, except Planning Commissioners who will serve four years. Nonstanding committee membership will be based upon the timing of the specific project. In establishing a new committee, or when reducing existing terms from three years to two when those terms come up for reappointment, the Council may initially impose staggered terms consisting of one and two year terms.

Removal of a member may occur for reasons such as, but not limited to, excessive absences, Brown Act violations, and conduct violations. Excessive absences is defined as failing to attend 3 consecutive meetings or 6 meetings in a 12 month period. Recommendations to the City Council for removal may be made by a committee member, member of the public, staff member, or City Councilmember. Notwithstanding the foregoing, the City Council may in its discretion at any time vote to remove a member of any committee for any reason or none, with or without cause.

Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a vote and approved by the City Council.

The chairperson runs the meeting in accordance with the agenda. The vice chairperson has the same powers and duties of the chair if the chair is absent or unable to act. If both the chair and vice-chair are absent or unable to act, the committee selects by motion and majority vote one member as acting chair for the duration of the meeting or absence.

Subcommittees. The committee may in its discretion appoint members to subcommittees for the purpose of researching specific issues, conducting community outreach, and/or formulating recommendations to the committee, and may also engage experts or other persons (who will not be considered as members). Subcommittee membership will be less than a majority of the total membership of the committee. Prior to creating a subcommittee, the committee will consult with staff to determine whether the subcommittee is subject to the Brown Act, in which case formation of the subcommittee will be subject to Council approval.

Bylaws. Committees may adopt bylaws governing their work that are consistent with this protocol and other City laws. Proposed bylaws must be reviewed by staff and approved by the City Council.

MEETING ADMINISTRATION
• Committees should meet at a regular interval (day and time) and location to facilitate public attendance and to provide an accessible forum for the public to attend.

Agenda Item #9.4.

30 • Committees and committee members shall conduct themselves in accordance with the requirements of State law and the Municipal Code.
• Meetings must be noticed to the public at least 72 hours prior to regular meetings, and 24 hours prior to special meetings, as required by the Brown Act.
• All meeting notices must be posted outside St. Helena City Hall and on the City website.
• Agendas must adhere to the form provided by the City to ensure consistency and clarity.
• Meeting minutes will be recorded using the City template and submitted for approval at the next committee meeting. Once approved, the minutes are submitted to the City Clerk for official record.

Quorum and Voting. A quorum is required to hold a meeting. A quorum is defined as the majority of the number of members, not counting alternates, which officially comprise a committee. Absences and vacancies do not change the quorum number. For example, if a committee is established with five members, the quorum is three members. If there are two vacancies on the committee, the quorum is still three members.

If a committee meets but does not have a quorum, either through lack of a quorum at the start of the meeting or due to members leaving the meeting, the committee may not conduct its regular business. In these instances, the committee may only act to adjourn to the next meeting date, recess, or take measures to obtain a quorum.

A majority vote is required to approve any action by the committee, unless otherwise required by law.

Alternate Members. Alternate members may vote only upon one of the following conditions:

1. Absence of one or more of the regular members of the committee; or

2. Disqualification of a regular member of the committee due to an expressed conflict of interest.

If more than one alternate member is present and only one vote is available, the alternate members will toss a coin to determine who may vote.

City Staff Liaison. The City Manager will designate a staff liaison to each committee. The liaison will be available to attend committee meetings at the request of the committee chair and with advance notice. The staff liaison’s role is Agenda Item #9.4.

31 to assist the committee in understanding City functions and requirements, such as state regulations, Municipal Code requirements, and conflict of interest and Brown Act requirements. The staff liaison ensures the continued flow of information regarding the City’s efforts and progress on work that pertains to the committee’s topic area. The staff liaison will collect and file committee records and minutes.

CITY COUNCIL REPORTS
The chairperson or committee designee will appear at a City Council meeting at least once per quarter to report on the committee’s activities and projects and to provide updates to the Council and community. The City Council will provide input and direction at that time. Committee chairpersons or designated committee members are encouraged to appear before the Council whenever they feel it is necessary to obtain Council direction or share information.

City of St. Helena
Meeting Ground Rules

1. Start on time

2. Everyone come prepared

3. If you called the meeting, run it well

4. If you are at the meeting, participate

5. Stay on topic

6. One person speaks at a time

7. Be open and honest

8. Actively listen – no side conversations, texting
or cellphone use
Agenda Item #9.4.

32 9. No negative body language or personal attacks

10. End on time
[COMMITTEE NAME]

AGENDA - REGULAR MEETING
[MEETING ADDRESS]
[MEETING DATE AND TIME]
1) CALL TO ORDER
2) PLEADGE OF ALLEGIANCE
3) ROLL CALL: [LIST MEMBERS, COUNCIL LIAISON, AND STAFF LIAISON] 4) PUBLIC FORUM: An opportunity for the public to directly address the [Committee] on items of interest to the public that are not listed on the agenda. Any person addressing the [Committee] should provide his or her name and address, and limit comments to five minutes. Because of restrictions imposed by the Brown Act, the [Committee] may not engage in substantive discussion, nor take action on matters not described on the agenda. 5) REPORTS AND ANNOUNCEMENTS BY MEMBERS AND STAFF: Reports by staff and/or [Committee] members on items of general interest. Brief questions for clarification may be posed and answered, and [Committee] members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the [Committee].
6) CONSENT ITEMS

6.1 APPROVAL OF MINUTES: [Date of minutes]
7) NEW BUSINESS:

7.1 [List each item of business to be transacted or discussed at the meeting, with a brief description generally not exceeding 20 words and an approximate time allocated for the item.]
8) DISCUSSION OF ITEMS TO BE PLACED ON THE NEXT MEETING AGENDA 9) ADJOURNMENT
Agenda Item #9.4.

33 The next regularly scheduled [Committee] meeting will be held on [Date]. This agenda was posted at 1088 College Avenue, St. Helena, CA 94574, and or/at [location where meeting will be held] on [Date].
_________________________
Name, Staff Liaison
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact City Hall at (707) 967-2792. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR35.102-35.104 ADA Title II). However, City staff will attempt to assist at any time with accessibility. The City Clerk has equipment to assist those with a hearing impairment.

2.276 Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
All procedural matters not otherwise provided for in or controlled by state law or by any ordinance, resolution, rule or regulation of the City shall be governed by Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century (attached as Exhibit). However, no ordinance, resolution, or other action of the Council shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Council to observe or follow such rules. Certain procedures relating to motions, agenda item discussion, debate, and courtesies contained in Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century are incorporated into this document, except to the extent they are modified by this Protocol document.

3. CITY COUNCIL STANDARDS OF CONDUCT

3.1 Policy Purpose
The St. Helena City Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of St. Helena’s City government.

3.2 Ethics
The citizens and businesses of St. Helena are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:
▪ Comply with both the letter and spirit of the laws and policies affecting the operations of government;
▪ Are independent, impartial and fair in their judgment and actions; ▪ Use their public office for the public good, not for personal gain; and Agenda Item #9.4.

34 ▪ Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility.

Therefore, members of the City Council, City Treasurer, and City Clerk and of all Boards, Committees and Commissions shall conduct themselves in accordance with the following ethical standards:
(a) Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of St. Helena and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before them.
(b) Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of St. Helena in the performance of their public duties.
(c) Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the Staff or public.
(d) Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council.
(e) Conduct at Public Meetings. Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.
(f) Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.
(g) Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decisionmaking process.

Agenda Item #9.4.

35 (h) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (c) a strong personal bias.

A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, a member shall not participate in a decision unless and until he or she has requested and received advice allowing the member to participate. A member shall diligently pursue obtaining such advice. The member shall provide the Mayor and the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to members, the City Attorney represents the City and not individual members.

In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.
(i) Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
(j) Confidential Information. Members must maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
(k) Use of Public Resources. Members shall not use public resources which are not available to the public in general (e.g., City Staff time, Agenda Item #9.4.

36 equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.
(l) Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Board, Committee, Commission or proceeding of the City, nor shall members of Boards, Committees and Commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. (m) Advocacy. Members shall represent the official policies or positions of the City Council, Board, Committee or Commission to the best of their ability when designated as delegates for this purpose. When communicating in their individual capacity and presenting their individual opinions and positions on public policy matters which fall under the jurisdiction of the City of St. Helena, members shall explicitly state that the opinions or positions being expressed do not represent the City of St. Helena or the body upon which they servethey do not represent their body or the City of St.

Helena, nor will they allow the inference that they do. Councilmembers and Board, Committee and Commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or Board, Committee and Commission meetings, or other official City meetings.
(n) Policy Role of Members. Members shall respect and adhere to the council-manager structure of St. Helena City government as outlined in the St. Helena City Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City Staff, Boards, Committees and Commissions, and the public.

Except as provided by the City Code, members shall not interfere with the administrative functions of the City or the professional duties of City Staff; nor shall they impair the ability of Staff to implement Council policy decisions.
(o) Independence of Boards, Committees and Commissions.

Because of the value of the independent advice of Boards, Committees and Commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board, Committee and Commission proceedings.

Agenda Item #9.4.

37 (p) Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City.

Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to Staff. (q) AB 1234—Required Ethics Training
AB 1234 requires elected or appointed officials who are compensated for their service or reimbursed for their expenses to take two hours of training in ethics principles and laws every two years. Staff members listed on the conflict of interest code must also complete the training. It is the City’s policy to emphasize the importance of ethics in government and although not required, it is highly encouraged that all advisory body members, including Committees and Commissions, adhere to the same requirements.

The training must occur within two months of assuming office and be renewed within two months of the expiration of the current certificate. The training must cover general ethics principles relating to public service and ethics laws including:
• Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws);
• Laws relating to office-holder perks, including gifts and travel restrictions, personal and political use of public resources, and prohibitions against gifts of public funds;
• Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act);
• Laws relating to fair processes, including fair contracting requirements, common law bias requirements, and due process.
(p)

3.3 Code of Ethics and Conduct
The Code of Ethics and Conduct are designed to describe the manner in which elected and appointed officials should treat one another, City Staff, constituents, and others they come into contact with while representing the City of St. Helena. (a) Elected and Appointed Officials’ Conduct with Each Other in Public Meetings
Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.

Agenda Item #9.4.

38 1. Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

2. Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.

3. Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

4. Demonstrate effective problem-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.
(b) Elected and Appointed Officials’ Conduct with the Public in Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

1. Be welcoming to speakers and treat them with care and gentleness.
a. While questions of clarification may be asked, the
official’s primary role during public testimony is to listen.

Agenda Item #9.4.

39 2. Be fair and equitable in allocating public hearing time to individual speakers.
a. The chair will determine and announce limits on speakers at the start of the public hearing process.

3. Practice active listening
a. It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long
period of time or gazing around the room gives the
appearance of disinterest. Members shall try to be
conscious of facial expressions, and avoid those that
could be interpreted as "smirking," disbelief, anger or boredom.

4. Maintain an open mind
a. Members of the public deserve an opportunity to
influence the thinking of elected and appointed officials.

5. Ask for clarification, but avoid debate and argument with the public
a. Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member can
ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing.
(c) Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and City Staff who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

1. Treat all Staff as professionals
a. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected.

Poor behavior towards Staff is not acceptable.

2. Do not disrupt City Staff from their jobs
a. Elected and appointed officials should not disrupt City Staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. Do not attend City Staff meetings unless requested by Staff – even if the elected Agenda Item #9.4.

40 or appointed official does not say anything, his or her presence implies support, shows partiality, may
intimidate Staff, and hampers Staff’s ability to do their job objectively.

3. Never publicly criticize an individual employee
a. Elected and appointed officials should never express concerns about the performance of a City employee in
public, to the employee directly, or to the employee’s
manager. Comments about Staff performance should
only be made to the City Manager through private
correspondence or conversation. Appointed officials
should make their comments regarding Staff to the City
Manager or the Mayor.

4. Do not get involved in administrative functions
a. Elected and appointed officials acting in their individual capacity must not attempt to influence City Staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.

5. Do not solicit political support from Staff
a. Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City Staff. City Staff may, as private citizens with
constitutional rights, support political candidates but all such activities must be done away from the workplace.

6. No Attorney-Client Relationship
a. Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her Staff and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not
individual members. Members who consult with the City
Attorney cannot enjoy or establish an attorney-client
relationship with the attorney.
(d) Council Conduct with Boards, Committees and Commissions The City has established several Boards, Committees and Commissions as a means of gathering more community input. Citizens who serve on Boards, Committees and Commissions become more involved in government and serve as advisors to the City Council. They are a Agenda Item #9.4.

41 valuable resource to the City’s leadership and should be treated with appreciation and respect.

1. Respect Role of Liaison to City’s Boards,
Committees and Commissions
Several of the City’s Boards, Committees and Commissions have a Council Member who serves as its Council liaison. The City Council will collectively review and approve liaison appointments annually. Council Members serving as liaisons should act as an advisor and resource to
committee/board/commission members and the
committee/board/commission’s Staff liaison when issues
regarding process, procedure, attendance, interpersonal or public relations arise.

2. Respect that Boards, Committees and Commissions serve the community, not individual Councilmembers
The City Council appoints individuals to serve on Boards, Committees and Commissions, and it is the responsibility of Boards, Committees and Commissions to follow policy
established by the Council. But Board, Committee and
Commission members do not report to individual
Councilmembers (whether or not they are serving as liaisons), nor should Councilmembers feel they have the power or right to threaten Board, Committee and Commission members with
removal if they disagree about an issue. Appointment and reappointment to a Board, Committee or Commission should be based on such criteria as expertise, ability to work with Staff and the public, and commitment to fulfilling official duties. A Board, Committee or Commission appointment should not be used as a political "reward."

3. Be respectful of diverse opinions
A primary role of Boards, Committees and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working
relationship with some individuals serving on Boards, Committees and Commissions, but must be fair and respectful of all citizens serving on Boards, Committees and Commissions.

4. Keep political support away from public forums
Board, Committee and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board, Committee and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember.

Agenda Item #9.4.

42 (e) Elected and Appointed Officials’ Conduct With Each Other and the Public in Private Encounters

1. Continue Respectful Behavior in Private
The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions, and set forth above in subsections (a) through (d), should be maintained in private conversations, including telephone calls, texts, e-mails or other forms of communication. Council Members and appointed officials shall refrain from abusive conduct, intimidation, bullying tactics, personal charges, or verbal attacks upon the character or motives of other members or the public.

2. Be Aware of the Insecurity (Non-Confidentiality) of Written Notes, Texts, Voicemail and E-mail
Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this E-mail or text message were forwarded to others? Written notes, voicemail messages, texts and E-mail should be treated as potentially "public" communication.

3. Understand that Even Private Conversations can have Public Presence Elected and appointed officials are always on display — their actions, demeanor, fitness, mannerisms, language and timing and form of communication are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, late-night e-mails will be questioned and casual comments between individuals before and after public meetings noticed.

3.4 Enforcement and Sanctions
(a) Acknowledgement of Code of Ethics and Conduct
Upon assuming office each Councilmember, and each Board, Committee and Commission Member (“Member”), shall sign a statement affirming that he or she has been provided with and has read the Code of Ethics and Conduct. Each Councilmember, Board, Committee and Commission Member, shall adhere to the Code of Ethics and Conduct as well as the Council’s Rules of Procedure. Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Board, Committee and Commission members who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold office.

Agenda Item #9.4.

43 (b) Ethics Training for Local Officials
Councilmembers, City Treasurer, City Clerk, Board, Committee and Commission Members shall report annually to the City Clerk with respect to his or her compliance with State or City mandated requirements for ethics training. Councilmembers, City Treasurer, City Clerk, Board, Committee, and Commission Members and those listed on the conflict of interest code who are out of compliance with State or City mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council subcommittees and may be subject to sanctions.
(c) Behavior and Conduct
The St. Helena Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the St. Helena City Council, Boards, Committees and Commissions. Each Member him or herself has the primary responsibility to assure that he or she understands and satisfies the ethical standards, so that the public can continue to have full confidence in the integrity of government. The chairs of Boards, Committees and Commissions and the Mayor and Council have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention. Without violating Brown Act serial meeting requirements, individual Members should point out to the offending Member perceived infractions of the Code of Ethics and Conduct. If the offenses continue, then the process under 3.4(e) 1-10 shall govern.
(d) Council Authority
Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 3.4(e) 9., a majority of the Councilmembers may remove a Councilmember from any or all Council honorary and/or ceremonial positions and ad-hoc and standing committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council.
(e) Process to Address Alleged Violation of Code of Ethics and Conduct

1. Complaint. Where any person has substantial evidence that a Member has materially violated the Code of Ethics and Conduct, he or she may file a written statement with the City Clerk who will then provide it to the City Council, and the affected Member. The name of the complainant shall initially be redacted and kept confidential and not disclosed until it has been determined as provided in Section 3.4(e) 2 that there is substantial evidence that the Member has materially violated the Code of Ethics and Conduct.

Agenda Item #9.4.

44 “Substantial evidence” means evidence that reasonably supports a conclusion. It does not mean simply any evidence, nor does it include mere opinions. It must be reasonable in nature, credible, and of solid value.

2. Hearing Officer. Upon receipt of a Complaint as provided in Section 3.4(e) 1., or upon the direction of the City Council, the Mayor, in consultation with the City Manager, shall make a preliminary determination whether there is substantial evidence to support a conclusion that a Member has materially violated the Code of Ethics and Conduct, thereby warranting the further proceedings below. If the Mayor either submitted the Complaint or is the subject of the Complaint, the Vice Mayor (and who is not the subject of the complaint) shall make the preliminary determination as provided above.

If the Mayor (or, where the Mayor is disqualified as set forth above, the Vice Mayor) makes the initial determination that there is substantial evidence to support a conclusion that a Member has materially violated the Code of Ethics and Conduct, thereby warranting the further proceedings, he or she, in consultation with the City Manager, shall appoint an independent Hearing Officer to review and investigate the Complaint. If the Mayor either submitted the Complaint or is the subject of the Complaint, the Vice Mayor (and who is not the subject of the complaint) shall appoint the Hearing Officer as provided above.

In the event both the Mayor and Vice Mayor are disqualified as set forth above or otherwise unable to carry out the duties under this Section, the Council member with the longest tenure shall do so. If two or more Council members have equal tenure, the Council member (who is not the subject of the Complaint) shall be selected by a process of drawing straws supervised by the City Clerk.

3. Investigation. To the extent reasonably practicable, the Hearing Officer shall investigate and report, within not more than thirty (30) days, as to whether there is substantial evidence in support of an allegation that a Member has materially violated the Code of Ethics and Conduct. If the Hearing Officer concludes that there is not substantial evidence to support an alleged violation, or that the violation was not material, he or she shall so report to the Council and the matter shall be deemed dismissed unless the Council directs that a public hearing be held pursuant to Section 3.4(e) 5. If the Hearing Officer concludes that there is substantial evidence to support an alleged material violation of the Code of Ethics and Conduct, he or she shall issue a report (“Report”) to the City Council and the Member. The Hearing Officer shall allow the affected Member a reasonable opportunity to provide any written comments, evidence and/or arguments which the Hearing Officer shall consider in the investigation and Report.

4. Enforcement. The City Council, in its sole discretion, shall enforce the Code of Ethics and Conduct against Members depending upon the extent and severity of the violation by means of either (i) a warning (ii) a written reprimand; (iii) censure; (iv) removal from assignments; or (v) other action as deemed appropriate to the City Council, including without limitation disavowal and/or disapproval of the Agenda Item #9.4.

45 Member’s violation and/or other action and/or statement. The following procedure shall be utilized:

5. Receipt of Report. As reasonably practicable, within 30 days after receipt of the Report, the Council will hold a public hearing after which it will determine, among any other determination the Council may deem appropriate, whether the Complaint should be dismissed, a warning should be issued, a written reprimand should be issued, censure issued, or the Member should be removed from his or her office (only for Members other than Council members) or assignments. The City shall provide written notice of the public hearing and opportunity to be heard to the affected Member. The City Council determination shall be set forth in written findings that the Council may direct staff to prepare for subsequent Council approval.

6. Dismissal. Where the Council, based on the Report and any statement from the affected Member, determines that it is clear that no violation occurred or that only a trivial or de minimus violation occurred, or that the Complaint was motivated by revenge or other improper motive, the Council may dismiss the Complaint.

7. Warning. Where the Council, based on the Report and any statement from the affected Member, determines that there is some evidence that only a minor violation or a questionable practice has occurred, the Council may issue a written warning to the affected Member specifying the violation(s) and requesting corrective action.

8. Reprimand. Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted, determines that there is substantial evidence that the Member has materially violated one or more provisions of the Code of Ethics and Conduct, the Council may adopt a resolution reprimanding the affected Member for their conduct, stating that any violations shall cease, and requesting corrective action. The affected Member may file a rebuttal to the Reprimand with the City Clerk which will become a matter of public record.

9. Censure. Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted at a public hearing of the matter, determines that there is substantial evidence that the Member has materially violated one or more provisions of the Code of Ethics and Conduct, and that such violation(s) impugn the integrity or dignity of the City or that such violations are egregious or chronic in nature, then the Council may adopt a resolution censuring the affected Member by condemning his or her actions, removing the Member from all appointive positions representing the City in front of other governments and agencies, demoting the affected Commissioner, Committee or Board member appointed by the City Council who holds a position of chairperson or vice chairperson, stating that the violations shall cease, and demanding corrective actions. The affected Member may file a rebuttal to the Censure with the City Clerk which will become a matter of public record.

Agenda Item #9.4.

46 10.Removal from Office. Notwithstanding any of the provisions in this Section 3.4, the City Council may remove any Commissioner, Committee or Board member appointed by the City Council at its pleasure, and nothing in the Code of Ethics and Conduct or these rules effects or diminishes such power nor vests such Commissioners or Board members with any additional rights.

3.5 Implementation
The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.

For this reason, this document shall be included in the regular orientations for candidates for City Council, City Treasurer, City Clerk, applicants to Board, Committee and Commissions, and newly elected and appointed officials.

Members entering office shall sign the following a statement (example below) acknowledging they have read and understand the Code of Ethics and Conduct.

In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council, Boards, Committees and Commissions, and updated it as necessary.

Example:

I affirm that I have read and understand the City of St. Helena Code of Ethics and Conduct for Elected and Appointed Officials.
__________________________________ _______________________ Signature Date
Agenda Item #9.4.

Exhibit A

CITY COUNCIL, BOARDS,

COMMITTEES & COMMISSIONS

RULES OF PROCEDURE FOR THE

CONDUCT OF MEETINGS
&

STANDARDS OF CONDUCT
Agenda Item #9.4.

2 TABLE OF CONTENTS

1. PURPOSE .....................................................................................................4

1.1 Council-Manager Form of Government ..............................................4

1.2 City Council Vision and City Council Mission......................................4

2. RULES OF PROCEDURE FOR THE CONDUCT OF
COUNCIL MEETINGS ……….......................................................................5

2.1 Regular Meeting..................................................................................6

2.2 Special, Emergency, and Adjourned Meetings ...................................6

2.3 Regular Meeting Agenda ....................................................................7

2.4 Public Testimony and Comments Before the Council.........................7

2.5 Roll Call and Voice Votes ...................................................................9

2.6 Consent Items …………………………................................................9

2.7 Reports………………………………….................................................9

2.8 Closing Time of Council Meetings ......................................................9

2.9 Old Business…………………… ........................................................10

2.10 New Business…………………… ......................................................10

2.11 Office of the Mayor……………………...............................................10

2.12 Office of Mayor Pro Tempore (Vice Mayor) …………………… ........11

2.13 Action by the Council…………………… ...........................................11

2.14 Adoption by Majority Vote…………………… ....................................11

2.15 Discussion……………………............................................................11

2.16 Ratification of Actions……………………...........................................12

2.17 Procedural Motions…………………… ..............................................12

2.18 Withdrawal of Motion……………………............................................13

2.19 Duty to Vote…………………… .........................................................13

2.20 Introduction and Passage of Ordinance……………………...............13

2.21 Closed Sessions…………………… ..................................................13

2.22 Quorum…………………… ................................................................14

2.23 Teleconference Attendance Of Council Members At Council Meetings……………………...............................................................15

2.24 Public Hearings…………………… ....................................................24

2.25 Appointments to Committees and Boards……………………............24

2.26 Protocol for Committees, Commissions and Boards(CCB)…………25

2.27 Rosenberg’s Rules of Order: Simple Parliamentary Procedures Agenda Item #9.4.

3 for the 21st Century……………………..............................................31

3. CITY COUNCIL STANDARDS OF CONDUCT ..........................................31

3.1 Policy Purpose…………....................................................................31

3.2 Ethics…………..................................................................................31

3.3 Code of Ethics and Conduct………. .................................................35

3.4 Enforcement and Sanctions..............................................................40

3.5 Implementation………….. .................................................................41

APPENDIX
Exhibit–Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
Agenda Item #9.4.

4 1. PURPOSE
The purpose for establishing City Council Protocols is to provide an effective environment for the City Council to provide leadership. The protocols may be amended by resolution adopted by a majority vote of the Council Members and should be reviewed on a regular basis to ensure that the document remains helpful to the Council by providing a framework for effective leadership.

The protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances.

1.1 Council-Manager Form of Government
The City of St. Helena operates according to the Council-Manager form of government which vests authority in an elected City Council which, in turn, hires an appointed executive, the City Manager. The City Council is composed of five members elected from the City on a nonpartisan basis to serve overlapping four-year terms. The Mayor is elected at-large to serve a two-year term as presiding officer at City Council meetings and as the official head of the City for legislative and ceremonial purposes. The City Manager is appointed by the City Council and serves at the pleasure of that body.

The City Council is the City’s legislative and policy-making body. Acting as a whole, the City Council is responsible for setting the direction of City policy and for adopting ordinances, resolutions and other orders as necessary for governing the City. The City Manager is responsible for the overall administration of the City, which includes implementation of the general policies set by the City Council in addition to the day-to-day operation of all City functions. The City Manager, with the help of the Staff, provides the City Council with the information needed to fulfill its policy-making role.

The Council-Manager form of government separates legislative and executive responsibilities in a manner similar to state and federal governments. This system provides "checks and balances" of both policy and administrative branches of government by limiting the power of each.

1.2 City Council Vision and City Council Mission
Council Vision
St. Helena strives to be a diverse, inclusive, family-friendly, economically and environmentally sustainable community which prudently manages all of its resources, continues to improve its infrastructure, ensures its water security, provides a full range of housing, business, cultural and Agenda Item #9.4.

5 recreational opportunities and cherishes its historic, small-town character, beautiful natural environment and high quality of life.

Council Mission
The City of St. Helena is dedicated to serving its citizens by:
• Promoting a culture of equity, diversity and inclusion • Supporting thriving families and ensuring the health and wellbeing of our youth
• Ensuring our long-term economic sustainability and focusing on new and diverse sources of revenue
• Preventing, preparing for, and mitigating fire and other local emergencies
• Improving and maintaining City infrastructure
• Updating our water management policies to ensure an adequate water supply
• Responding innovatively to climate change challenges and adopting environmentally sustainable best practices
• Preserving our historic, small-town, rural character
• Expanding recreational, active transportation and cultural opportunities • Facilitating innovative, well-designed housing for residents of all backgrounds, ages and income levels
• Encouraging full civic participation and ongoing communication • Strengthening regional collaboration with other public entities and building partnerships with local service providers and stakeholders (See Resolution Number 2021-__, dated May 11, 2021.)

2. RULES OF PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

2.1 Regular Meeting
The Council shall hold a Regular Meeting on the second and fourth Tuesday of each month, except that the Council may by motion at a Regular Meeting and with adequate public notice, either cancel that meeting or reschedule it to some other date.

Regular Meetings shall be held at the Vintage Hall Board Room, 465 Main Street, St. Helena, and shall begin at 6:00 p.m. If it is necessary to hold a closed session prior to the start of a Regular Meetingthe closed session may begin earlier than the normal starting time to allow the Regular Meeting to begin at 6:00 p.m. Closed session may also occur after a regular meeting was adjourned or outside of a regular meeting day. The closed session shall begin in an open meeting and the Council shall adjourn to closed session.

Agenda Item #9.4.

6 2.2 Special, Emergency, and Adjourned Meetings
(a) Special Meetings. The Mayor or the Vice Mayor in the Mayor’s absence or a majority of the members of the Council or the City Manager may at any time call a Special Meeting. At least twenty-four hours before a Special Meeting, written notice of the meeting stating its time and place and the subjects to be considered shall be (a) delivered to the Mayor and each Councilmember personally or by any other means; (b) posted on the Council’s principal bulletin board, City website and place of meeting; and (c) emailed to the agenda subscribers. Only those items of business specified in the notice may be considered at a Special Meeting called in this manner.
(b) Emergency Meeting. The Council may hold an Emergency Meeting in emergency situations as set forth in the City’s Municipal Code and State Law.
(c) Adjourned Meeting. A properly called Regular, Special, or Emergency Meeting may be adjourned to a time and place specified. A copy of the notice of adjournment shall be posted as specified on the door of the place where the meeting was held within twenty-four hours after the time of the adjournment. Further notice need not be given of an adjourned session of a properly called Regular, Special, or Emergency Meeting.

2.3 Regular Meeting Agenda
(a) Setting and Posting of Agenda. The agenda of business to come before the Council at a Regular Meeting shall normally be closed at the end of eighteen business days preceding the meeting. Under State Law the agenda for a Regular Meeting must be posted at least seventy-two (72) hours prior to the scheduled convening of the Regular Meeting, and no items may be added to the agenda fewer than seventy-two (72) hours prior to the meeting except as may be allowed by State Law. The City Council endeavors to publish the meeting agenda as early as possible prior to the meeting, but no later than 72 hours in advance.(b) Placing Items on the Council Agenda. Each City Council agenda shall specifically provide for a discussion of Future Agenda Items. Any Council Member may request that an item be considered on a future agenda during that portion of the City Council meeting and, upon agreement by a second Council Member concurring that Staff time and City resources should be expended on the item, the item shall be placed on the soonest practical regularly scheduled Council meeting as determined by the City Manager. A member of the public may request that an item be placed on a future agenda during Public Forum or through other communication with a Council Member. Staff reports may not be prepared on Council Member requested items until Council discussion has occurred and direction provided by the Council unless Staff otherwise determines. If Council action is contemplated, proposed action shall be included in the Staff Agenda Item #9.4.

7 report. The City Manager may also add any item of business to a future agenda in his or her sole discretion.
(c) Agenda Packet Distribution. Each Councilmember shall be furnished an e-agenda by no later than 5:00 p.m., on the Friday prior to the regular meeting. However, staff will strive to publish the agenda as early as possible. The requirement is to publish 72 hours in advance meeting Brown Act guidelines.The agenda and agenda materials shall be available for public inspection and distribution or copying at that the time of publication. Any agenda materials not included in the agenda package by 5:00 p.m., that Friday shall be separately identified, and the Council may by majority vote continue such agenda item until the following meeting to allow for proper study of the materials.
(d) Order of Agenda. The business of the Council shall be taken up for consideration in substantially the following order except as may be otherwise ordered:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Adoption of the Agenda

5. Approval of the Minutes

6. Public Forum

7. Reports by Staff and City Council, Future Agenda Items and AB 1234 Reports

8. Presentations and Public Recognitions

9. Staff Briefing

10. Consent Items and Items Removed from Consent

11. Public Hearings

12. Old Business

13. New Business

14. City Council Reports

15. Adjournment
(e) A copy of the agenda and the package of agenda materials shall be made available for public inspection at City Hall.at or near the time they are circulated to the City Council.

2.4 Public Testimony and Comments Before the Council
(a) Addressing the Council Generally. Each person addressing the Council may give their name and address (optional) in an audible tone of Agenda Item #9.4.

8 voice for the record. Each person’s comments are limited to four minutes except as provided in section (b) regarding land use Public Hearings. In the further interest of time, the Mayor may reduce the four-minute time limit for all speakers in circumstances where a large number of citizens intend to make public comments. Additionally, speakers may be asked to limit their comments to new materials and not repeat what a prior speaker said. Organized groups may choose a single spokesperson who may speak for the group. Speakers may not concede their allotted time to another speaker. The Mayor may extend time for the speaker. (b) Addressing Council at Land Use Public Hearings. An applicant appellant at a land use Public Hearing shall be permitted to address the Council for 15 minutes following the Staff report. If there is a spokesperson for the opposition, the spokesperson shall be permitted to speak for 15 minutes. All other speakers are limited to four minutes each.

Applicant shall first be permitted five minutes at close of public comments for rebuttal. If the applicant is the appellee the appellant shall have 15 minutes, the applicant appellee shall have 15 minutes, the appellant five minutes, and the applicant appellee five minutes.
(c) Presentation by Spokesperson. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council, and, in case additional matters are to be presented at the time by any other member of the group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council.
(d) Irrelevant Testimony. The Mayor shall rule out of order any testimony not relevant to the agenda item then under discussion.
(e) Protocol. The purpose of public testimony is for Councilmembers to benefit from the views of the public. Comments from the public should be directed towards the Council. Councilmembers and Staff should avoid entering into a dialogue with members of the public who may address the Council. Questions raised by members of the public may be referred to Staff.
(f) Public Comment on Agendized Items. Members of the public are entitled to speak on any item on the agenda during a Public Hearing on the subject matter opened by the Mayor. Each person is entitled to speak on any agenda item only once at any meeting, and the right to speak at the appropriate time waives any further right to address the Council on that item at that meeting. Participation in debate on any item before the Council shall be limited to members of the Council, although Councilmembers may ask members of the public for additional information.

Agenda Item #9.4.

9 Written communications addressed to the City Council are to be referred to the City Clerk for:

Forwarding to the Council and posting to the appropriate agenda packet item. Written communication must be received at least three hours prior to the meeting to be included in the agenda packet.

Written communication will not be read aloud at the meeting. (g) Public Comment on Non-Agendized Items. Members of the public are entitled to speak on matters of municipal concern not on the agenda, during consideration of that portion of the meeting agenda entitled “Public Forum” when that item is called by the Mayor. Each person is entitled to speak on non-agendized items only once at any meeting. Brief questions by Councilmembers for clarifications may be posed and answered, and Councilmembers may make requests that items be placed on future agendas, but in accordance with State Law, no substantive discussion may take place unless and until the matter properly appears on the agenda.

2.5 Roll Call and Voice Votes
A roll call vote shall be taken on the approval of the Consent Calendar, the introduction of ordinances, and the adoption of ordinances, resolutions, and orders for the payment of money. Roll call votes shall be entered in the minutes of the Council showing those members voting yes, those voting no, and those abstaining or absent.

Any other motion may be passed by voice vote provided, however, that any Councilmember may request a roll call vote on any items to be voted on.

2.6 Consent Items
Those items on the agenda considered routine by the City Manager shall be grouped together under “Consent Items” and the recommended actions approved by a single vote of the Council. At the request of any Councilmember or any other person present at the meeting, a Consent Item shall be considered separately following approval of the remaining “Consent Items.” Items approved under the heading “Consent Items” will appear in the Council minutes in their proper form, as if approved item by item.

2.7 Reports
Under the agenda heading “Reports” the City Manager, other City Staff, and Councilmembers may make reports on matters not on the agenda. Also at this time, Councilmembers or Staff may identify issues or agenda items that need to Agenda Item #9.4.

10 be addressed by the City Attorney during the meeting, and may propose future agenda items.

2.8 Closing Time of Council Meetings
Council meetings shall adjourn by 9:00 p.m. However, the Council may by majority vote extend the meeting up to an additional thirty minutes (9:30 p.m.) if the Council deems such extension necessary. A unanimous Council vote shall be required to extend the meeting past 9:30 p.m. and adjourn by 10:00 p.m.

Otherwise, the meeting shall be adjourned to another day acceptable to the Council, or unfinished business may be continued to the next regular meeting.

2.9 Old Business
“Old Business” will include uncompleted items carried over from a prior meeting agenda and placed under this agenda heading for consideration.

2.10 New Business
The Council shall not consider any resolution, motion, or matter which does not affect the conduct of the business of the City of St. Helena or its corporate powers or duties as a municipal corporation nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of the State or Nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of St. Helena or its officers or employees as such.

2.11 Office of the Mayor
The Mayor shall preside at meetings of the Council, shall be entitled to vote on all matters, and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. The Mayor will recognize members that wish to speak.

The Mayor shall have the following powers:
a) To rule motions in or out of order, including any motion patently offered for obstructive or dilatory purposes;
b) To enforce the Council’s rules regarding public testimony and to determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground;
c) To ensure that the public has reasonable opportunity to be heard; d) To entertain and answer questions of parliamentary law or procedure; e) To call a brief recess at any time;
Agenda Item #9.4.

11 f) To adjourn in an emergency;
g) To appoint a Vice Mayor subject to Council approval who shall serve during the term of the Mayor, and becomes the Mayor Pro Tempore in the Mayor’s absence.

2.12 Office of Mayor Pro Tempore
A Councilmember who serves as Mayor pro tempore shall be entitled to vote on all matters and shall be considered a Councilmember for all purposes, including the determination of whether a quorum is present. In the Mayor’s absence, the Mayor pro tempore shall have the Mayor’s powers and duties. If the Mayor should become physically or mentally unable to perform the duties of his or her office, the other Councilmembers may by unanimous vote declare the Mayor is incapacitated and confer the Mayor’s powers and duties on the Mayor pro tempore.

When the Mayor declares that he or she is no longer incapacitated, and a majority of the Council concurs, the Mayor shall resume the exercise of his or her powers and duties. If both the Mayor and the Mayor pro tempore are absent from a meeting, the Council may elect from among its members a temporary chair to preside at the meeting.

2.13 Action by the Council
Action by the Council shall be by motions made and voted upon. A motion shall require a second. The Mayor and any other Councilmember may make or second a motion. A substantive motion is out of order while another substantive motion is pending.

2.14 Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, a quorum being present, unless otherwise required by these rules or the laws of California.

Resolutions, orders for the payment of money, and all ordinances require at least three votes for passage.

2.15 Discussion
The City Council shall address an agenda item as follow:
(a) Staff shall introduce the agenda item and present the Staff report. (b) City Council shall ask questions of Staff.
(c) The Mayor will invite public comment on the item.
(d) Having received all public testimony, the Council will deliberate on the matter.

Agenda Item #9.4.

12 (e) If appropriate, the Mayor will entertain a motion, including any motion proposed by the Mayor.
(f) If a motion has received a second, the Mayor shall state the motion and if any Council Member wishes for the discussion, open for additional Council discussion.
(g) The Mayor shall preside over the discussion according to the following general principles:

1. The maker of the motion is entitled to speak first;

2. A person who has not spoken on the issue shall be recognized before someone who has already spoken;

3. To the extent possible, the discussion shall alternate between opponents and proponents of the measure.

2.16 Ratification of Actions
To the extent permitted by law, the Council may ratify actions taken on its behalf but without its prior approval. A motion to ratify is a substantive motion.

2.17 Procedural Motions
(a) In addition to substantive proposals, the following procedural motions, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority of the votes cast, a quorum being present, for adoption. (b) To Adjourn. The motion may be made only at the conclusion of action of a pending substantive matter; it cannot interrupt deliberation of a pending matter.
(c) To Take a Brief Recess.
(d) Call to Follow the Agenda. The motion must be made at the first reasonable opportunity, or the right to make it is waived for the outof-order item in question. (e) To Suspend the Rules. The motion requires for adoption a vote of a majority of the quorum of the Council. The Council may not suspend provisions of the rules that are state requirements imposed by law on the Council.
(f) To Divide a Complex Motion and Consider It by Paragraph. (g) To Call the Previous Question. The motion is not in order until every member has had an opportunity to speak once.
(h) To Continue an Item to a Future Meeting Certain.
(i) To Refer to Staff for Action.

Agenda Item #9.4.

13 (j) To Amend. An amendment to a motion must be pertinent to the subject matter of the motion. An amendment is improper if the amended motion has the same effect as rejection of the original motion. A motion may be amended, and that amendment may be amended, but no further amendments may be made until the last amendment is disposed of by a vote.
(k) To Reconsider. The motion must be made by a member who voted with the prevailing side, and only at the meeting during which the original vote was taken, including any continuation of that meeting through adjournment to a time and place certain, or at the next Regular Meeting unless intervening actions taken based on the original action make such reconsideration impracticable. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment of the meeting. (l) To Rescind or Repeal a Previous Action. A motion to rescind or repeal a previous action is not in order if the rescission or repeal is forbidden by law or made inappropriate by virtue of actions taken in accordance with the previous action.
(m) To call for a Straw Vote. The Mayor, at the Mayor’s discretion, may call for a Straw Vote among members on any item prior to inviting public testimony or Council comment.

2.18 Withdrawal of Motion
A motion may be withdrawn by the introducer at any time before a vote, with or without the consent of any “seconder” of the motion. However, any other Councilmember may ask to be considered the introducer of the motion and, if again seconded, debate may continue without further interruption.

2.19 Duty to Vote
Every member must vote on every item unless prevented from doing so by virtue of an actual or potential conflict of interest under applicable State Law. Any member who believes he or she has a conflict or potential conflict of interest must announce such at the initiation of discussion or when such conflict or potential conflict becomes apparent, and shall refrain from any part in the debate, deliberations, or voting on that issue, except as allowed by State Law.

2.20 Introduction and Passage of Ordinance
A proposed ordinance shall be deemed to be introduced on the date the subject matter is first voted on by the Council. The Mayor shall read the title of the ordinance, after which a roll call vote shall be taken to introduce the ordinance.

The City Clerk shall then read the ordinance in its entirety unless such reading is waived by a separate motion adopted by unanimous vote of the Councilmembers Agenda Item #9.4.

14 present. An ordinance, other than an urgency, may not be passed within five days of its introduction or alteration. Corrections of typographical or clerical errors are not alterations.

2.21 Closed Sessions
(a) The Council may hold closed sessions only as provided for by law and according to the provisions herein.
(b) As part of any regular or special City Council meeting as appropriate, the City Council, the City Attorney, and relevant Staff may discuss and agree upon the need for any future closed sessions, including the legal authority for the closed session and the nature of the matter to be discussed, in adequate detail to meaningfully inform the public while maintaining required confidentiality and any applicable attorney-client privilege. Where the City Manager and City Attorney agree that the nature of a matter requires consideration in closed session, the requirement for prior open session discussion shall not apply.
(c) The City Council agenda for any regular or special Council meeting shall include general information about closed sessions as follows:

The City Council will convene in open session at the
stated time, but will then adjourn to address any
closed sessions items listed on the agenda. The
public is invited to address the Council with comment
on any listed closed session item immediately prior to
Council’s adjournment into closed session or
consistent with any other provisions permitting public
comment. The Council will reconvene in Public
Session at 6:00 p.m. or at the first Council meeting
following any closed session. At that time, if
appropriate and as required under the Brown Act, any
actions taken during the preceding closed session will
be announced by the City Attorney or Mayor. If
necessary, the Council may reconvene in closed
session to continue discussion of listed items
following the completion of open session business.
(d) The City Council agenda for any regular or special Council meeting at which the Council will adjourn to closed session shall provide notice of that closed session as provided for under the Brown Act and shall include a narrative description of the legal authority for the closed session and the nature of the matter to be discussed in adequate detail to inform the public while maintaining required confidentiality or any applicable attorney-client privilege. Reporting out of closed session shall be consistent with the requirements of Brown Act, and may be of greater detail than required when the Agenda Item #9.4.

15 disclosure of such detail is not inconsistent with maintaining required confidentiality and any applicable attorney-client privilege.

2.22 Quorum
A majority of the actual membership of the Council, including the Mayor but excluding vacant seats, shall constitute a quorum. A member who has withdrawn from a meeting without being excused by majority vote of the remaining members present shall be counted as present for purposes of determining whether or not a quorum is present.

2.23 Teleconference Attendance Of Council Members At Council Meetings (a) The City Council Procedures provisions concerning Teleconference Attendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a Council meeting via teleconference appearance are actively discouraged. (b) Effective January 1, 2023, Assembly Bill 2449 amended the Brown Act, California Government Code Sections 54950 et seq., as it pertains to teleconference meeting participation by legislative body members.
• Applicability
(c) When a legislative body member wishes to attend a legislative meeting by teleconference under the provisions of Assembly Bill 2449, codified at California Government Code Section 54953(f) et seq., the following policies and procedures shall apply. Nothing herein is intended to prevent a member’s ability to attend a legislative meeting remotely if such attendance is otherwise authorized by Government Code Section 54953.
• Terms
(d) “Chairperson” shall mean the Mayor or Chair of the legislative body, as applicable. “Vice-Chairperson” shall mean the Vice Mayor, or Vice-Chair of the legislative body, as applicable.
“City” shall mean City of St. Helena
“Description” shall mean a brief general description of a legislative body member’s circumstances that warrant teleconference meeting attendance under the “Just Cause” exception or “Emergency Circumstances” exception, which need not exceed 20 words and need not to disclose any medical diagnosis, disability, or exempt personal medical information. (GC 54953(f)(2)(A)(i)–(ii)) “Disclosure” shall mean an announcement by the Member, made during the legislative meeting where the Member will attend by teleconference, disclosing the presence of other individuals over the Agenda Item #9.4.

16 age of 18 in the room at the Member’s teleconference location, and the general nature of the individual’s relationship to the Member. (GC 54953(f)(2)(B))
“Legislative body” shall have the same meaning as prescribed by Government Code Section 54952, i.e. a body that is subject to the Ralph M. Brown Act.“ Meeting” and “legislative meeting” shall have the same meaning as prescribed by Government Code Section 54952.2, i.e. a meeting of a legislative body that is required to be noticed under the Ralph M. Brown Act.
“Member” shall mean a member of a legislative body.
“Notification” shall mean a notification from a legislative body member of the Member’s need to attend a meeting by teleconference under the “Just Cause” exception. Notifications shall not require legislative body approval. (GC 54953(f)(2)(A)(i))
“Request” shall mean a request from a legislative body member that their legislative body actively approve their request to attend a meeting by teleconference under the “Emergency Circumstances” exception. (GC 54953(f)(2)(A)(ii))
“Teleconference” attendance at a legislative meeting, for purposes of this policy, shall be presumed to be accomplished by Zoom or the equivalent two-way audio-visual virtual software platform in use by the City at that time. “Teleconference” attendance shall mean attendance solely by virtual platform and shall not include a Member who attends a meeting in person and secondarily views the meeting by virtual platform. Provisions of this policy shall apply only to teleconference attendance under AB 2449 and shall not constrain the Member’s ability to attend by teleconference under other sections of the Brown Act.
• Available Exceptions for Teleconference Attendance
The Member shall be responsible for determining which of the two available exceptions is applicable to the Member’s need to attend by teleconference. The Member’s determination shall not be investigated by staff as to the veracity of any such request or claim.

Such determination shall be subject to review by the legislative body alone. The available exceptions are:

1. “Just Cause” (GC 54953(f)(2)(A)(i))
Agenda Item #9.4.

17 2. “Emergency Circumstances” (GC 54953(f)(2)(A)(ii)) • Exceptions Defined
Exception #1: “Just Cause” circumstances are defined as any one of the following:
a. Caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely.
b. A contagious illness that prevents the member from
attending in person.
c. A need related to a physical or mental disability.
d. Travel while on business of the legislative body or another state or local agency.

Exception #2: “Emergency Circumstances” are defined as a physical or family medical emergency that prevents a member from attending in person.

The foregoing definitions are set forth in this policy for convenience; in the event applicable law is changed to amend the nature of qualifying teleconference circumstances, the amended law shall supersede this section. • Limitation on Number of Uses
Members may attend meetings by teleconference under AB 2449 no more than the following number of times per calendar year:
a. City Council: Four (4) meetings per year
b. Planning Commission: Four (4) meetings per year
c. All other Boards, Committees and Commissions: Two (2) meetings per year
The above limitations shall factor in all meetings noticed under the Brown Act, whether Regular, Special, Closed, Joint, or otherwise. In the event a Member attends by teleconference multiple, contiguous meetings held on the same date, each meeting shall be counted separately.

1. Notwithstanding any other provision, a Member may utilize the “Just Cause” exception no more than two (2) times per calendar year.

Agenda Item #9.4.

18 2. Notwithstanding any other provision, a Member may not attend meetings solely by teleconference for a period of more than three consecutive calendar months.
a. In the event a Member attends meetings solely by
teleconference for a period of three consecutive calendar months, or attends meetings by teleconference the maximum number of allowable times per year, the Member must either attend in person; attend by other permissible teleconference provisions; or be counted as absent, for the remaining meetings in that calendar year.
• Procedure for Legislative Body Members
A Member wishing to avail themselves of the “Just Cause” exception shall adhere to the following:

1. Notification of the member’s need to attend by
teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting or during any prior meeting.
a. If the notification and description are delivered prior to the meeting, the Member shall submit the notification and
description:
b. In writing by email;
c. To the entire legislative body, preferably to the body’s group email address;
d. With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act.

1. If the notification and description are delivered during a meeting prior to the meeting where the Member wishes to attend by teleconference, the Member shall make the required notification and description during the Member Comments order of business.

2. If the notification and description are delivered at the start of the subject meeting, the Member shall be present on the Agenda Item #9.4.

19 teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required notification and description during the meeting prior to the attendance roll call. (Refer to Section 3 below.)

3. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the notification and description.

4. A Member wishing to avail themselves of the “Emergency Circumstances” exception shall adhere the following:
a. A request that the legislative body approve the Member’s request to attend by teleconference, along with the required description of the circumstances creating the need, shall be made in writing prior to the meeting, and/or orally at the start of the subject meeting.
b. If the request and description are delivered prior to the meeting, the Member shall submit the request and description:
•In writing by email;
•To the entire legislative body, preferably to the body’s group email address;
•With a copy to staff.

Such communication to the entire legislative body shall be deemed to be not in violation of the Brown Act, so long as there is no discussion of any item of business within the legislative body’s jurisdiction. Regardless, the legislative body’s action to approve or deny the teleconference request must be taken during a noticed meeting.
b. If the request and description are made at the start of the subject meeting, the Member shall be present on the
teleconference platform at the time the meeting is convened, and at the prompting of the Chairperson, shall make the required request and description during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.) Agenda Item #9.4.

20 5. The legislative body must move to approve or deny the request during the meeting prior to the attendance roll call. (Refer to Meeting Procedures, below.)

6. The Member shall disclose the presence of any other adults in the room at the teleconference location, and the general nature of their relationship to the member, during the subject meeting. This requirement shall apply regardless of the timing of the request and description.

7. Notwithstanding any other provision, teleconferencing Member(s) shall participate through both audio and visual technology. Members may mute their microphone while not speaking, but Members shall be visible through the visual technology at all times during the meeting. In the event a member is not visible, the member shall be noted as absent during that period.
• Recordkeeping
The Member shall be responsible for assuring that any description, notification, request, and/or disclosure related to teleconference attendance are made in a manner that may be placed into the meeting record.

1. To the extent that the Member’s notification, description and/or request is delivered prior to the meeting, staff shall archive the written communication as agenda correspondence along with the meeting record.

2. To the extent that the Member’s notification, description, request, and/or disclosure is delivered during a legislative meeting, staff shall record the same in the minute record, along with record of the legislative body’s action to approve or deny any “Emergency Circumstances” requests.

3. The legislative body’s Minute Clerk shall keep data regarding each Member’s use of teleconference attendance provisions under AB 2449, and apprise the Chairperson if any Member has reached their annual limit. (Refer to Limitation on Number of Uses, above.) • Meeting Procedures
Business to be conducted by the legislative body relating to compliance with these regulations shall be conducted after the Call to Order, but prior to the Agenda Item #9.4.

21 attendance roll call, of the meeting where a Member will or may attend by teleconference. The Chairperson shall be responsible for the conduct of this portion of the meeting, with assistance from staff if needed. All related business shall be conducted in a manner that is evident to other meeting attendees and may be recorded in the meeting record. Such business to be conducted prior to attendance roll call shall include, and be conducted in substantially this form:

1. If any Member is not present in person and the Chairperson is not aware of the Member’s planned absence, the Chairperson shall acknowledge that the Member either is, or may be, present on the teleconference platform.

2. If necessary, staff shall confirm whether the Member is present on the teleconference platform.

3. If the Member is present on the teleconference platform:
a. If the Member has made their notification or request in writing prior to the meeting: The Chairperson shall note for the record that the Member has submitted a notification and description of the need to attend the meeting by teleconference under the “Just Cause” exception; or made a request and description to be permitted to attend by teleconference under the “Emergency Circumstances” exception.
b. If the Member has not made their notification or request in writing prior to the meeting: The Chairperson shall prompt the Member make their notification of the need to attend the meeting by teleconference, and description of the
circumstances giving rise to the need under the “Just Cause” exception; or make their request to be permitted to attend by teleconference, and description of the circumstances giving rise to the need under the “Emergency Circumstances” exception. c. If the Member makes a request to be permitted to attend by teleconference under “Emergency Circumstances” exception, whether before or during the meeting:
i. Any Member present in person may move to add an
item of business to the agenda on an urgency basis to allow the legislative body to act on the Member’s request. If no Agenda Item #9.4.

22 motion is forthcoming, the Chairperson shall so move. Such action shall comply with Government Code Section
54954.2(b).
ii. Thereafter, the Chairperson shall ask the remaining Members to either approve or deny the request. Any
Member may move approval or denial, but if no motion is forthcoming, the Chairperson shall so move. Members shall consider the request in good faith and shall not capriciously deny the request. The request shall be deemed approved if at least a majority (at least 2 of 3, or 3 of 4) of the Members present in person consent.
d. The Chairperson shall, finally, prompt the Member to disclose the presence of any other individuals over the age of 18 in the room at the Member’s remote location, and the general nature of the individual’s relationship to the Member.

Notwithstanding any other provision, this disclosure shall be made on record during the meeting.
e. If the Member is not present on the teleconference platform; if the Member refuses to make the required requests or
disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not
approved, the Member shall be recorded as absent. (Refer to Failure to Comply, below.)
f. This process shall be repeated for each Member not present in person who does, or may, wish to attend the meeting by teleconference.
g. The Chairperson shall then prompt the Meeting Clerk to proceed to attendance roll call.

4. In the event the Chairperson wishes to attend a meeting by teleconference, the Vice-Chairperson, if present in person, shall be responsible for performing the Chairperson’s duties as outlined above. Thereafter, the teleconferenced Chairperson may chair the remainder of the meeting, or may ask that the Vice-Chairperson do so.

Agenda Item #9.4.

23 5. In the event both the Chairperson and Vice-Chairperson wish the attend the meeting by teleconference; or in the event the Chairperson wishes to attend by teleconference and the ViceChairperson is absent, an Acting Chairperson shall be selected from among the Members attending the meeting in person, in order to perform the Chairperson’s duties as outlined above.

6. In the event three (3) or more Members attempt to join a meeting by teleconference; and/or in the event two (2) or fewer Members are present in person at the meeting location; staff shall announce that the meeting cannot be convened.
• Failure to Comply; Enforcement Measures
In the event a Member attempts to attend a meeting by teleconference in excess of the allowable number of times per year; in excess of three consecutive months; without making the necessary notices, requests, or disclosures; or if the Member’s request to attend under the “Emergency Circumstances” exception is made but not approved, the Chairperson shall, at the start of the meeting prior to the attendance roll call, ask the remaining legislative body members for concurrence to disallow the Member’s attendance at the meeting.

After such concurrence, staff shall permit the Member to remain on the teleconference platform, but shall demote the Member to a passive attendee, and note the Member as absent for the attendance roll call, and in the meeting record.

1. Repeated inability or refusal to comply with the provisions of this policy, or related laws, may be grounds for consideration of dismissal of an Advisory Body Member by the City Council.

2. In the event a Member’s inability or refusal to attend a meeting by teleconference in compliance with this policy, or related laws, results in the Member being recorded as absent from the meeting, existing policies and laws regulating legislative body member absences (including Bylaw provisions for Advisory Body Members, and Government Code Section 36513 for Council
Members) shall apply.
• Other Compliance Measures
In addition to the above provisions relating the conduct of legislative body members, whenever at least one Member attends a meeting by teleconference under AB 2449, staff shall be responsible for other applicable compliance measures, including but not necessarily limited to the following:

Agenda Item #9.4.

24 1. Staff shall assure that each posted agenda provides, and describes, means by which all members of the public may observe or attend the meeting and offer public comment.

2. Staff shall assure that members of the public are allowed to make public comment in real time during all allotted public comment periods while attending at a Member’s teleconferencing location, and shall give sufficient time for interested parties to indicate their interest in speaking, and request the Member to unmute their device, in order to allow them to comment via the teleconference platform.

3. Staff shall give notice of, and implement, a procedure for swiftly resolving requests for reasonable accommodations for individuals with disabilities.

4. All votes taken at a meeting where any Member attends by teleconference under the provisions of AB 2449 shall be taken by roll call vote.
• Conflict Between Law and Policy
In the event this policy conflicts with applicable state law, as exists or may be amended in the future, state law shall control, and the validity of the remaining sections of this policy shall be unaffected.

2.24 Public Hearings
Public Hearings shall be scheduled and notice published without any action required by the City Council, excepting that the Council may, if it so desires, scheduled a Public Hearing on an item of interest for a date certain. In order to accommodate members of the public responding to a noticed Public Hearing, such Hearings will, to the extent practicable, begin at 6:00 p.m. At the time designated for the Public Hearing, or soon after as is practicable, the Mayor shall direct the attention of the Council Members to the Staff report and Staff may respond to questions from Council members, after which the Mayor shall formally open the Public Hearing and members of the public shall be allowed to speak in accordance with the rules set forth elsewhere in these Rules of Procedure.

When the allotted time expires, or when no one wishes to speak who has not done so, the Mayor shall declare the hearing closed.

Following the close of the Public Hearing, the Council may discuss or take action on the matter in accordance with these rules. The Mayor may in his or her discretion allow questions and/or comments from the public after close of Public Hearing.

Agenda Item #9.4.

25 2.25 Appointments to Committees and Boards
The City Clerk posts a Notice of Vacancy in the City designated posting locations, the City’s website and sends a Media Release to the St. Helena Star advertising vacancies to Commissions, Committees and Boards.

Applicants must submit a completed application to the City Clerk and shall be interviewed by the Council at a special meeting prior to a regular meeting.

Applicants are requested to list references on their applications and individual Council Members may contact those references as part of the interview process.

Council Members contacting references should disclose this information during the appointment process.

Council reviews applicants for appointments to Commissions, Committees and Boards based on interviews and qualifications. At a council meeting following completion of the interviews, the Council shall discuss the applicants and open positions, including the Council members’ preferences for applicants. Following these deliberations, the Mayor shall nominate applicants and appointments are subject to approval by the majority of Council.

Depending on the qualifications of the applicants and the needs of the City, there may be times when the City Council does not appoint an applicant who has applied. If an applicant is not appointed, the City Clerk will automatically readvertise for the vacant position(s) to seek additional applicants.

2.26 Protocol for Committees, Commissions and Boards (CCB) St. Helena Committees, Commissions and Boards (CCB) function under the direction of the City Council on behalf of the City and its residents. The Council establishes committees by ordinance or resolution defining the role, purpose and membership. While each one functions specific to its purpose, all must follow the same overriding principles which are herein defined.

This protocol is intended to provide general guidance, and is not intended to supersede or conflict with any provision of State law, the St. Helena Municipal Code or other ordinance adopted by the City Council, which in the event of any conflict shall control.

ROLE AND PURPOSE
The City Council determines a committee’s role and purpose at the time it is created, which should be defined clearly enough to easily communicate the purpose of the committee to the general public.

Committees may be 1) on-going standing committees, or 2) established for a specific purpose with an expected end date. Roles and purpose may be general or specific, but all will have a clearly defined goal, task or product.

Agenda Item #9.4.

26 Recommended changes in the role or purpose of a committee must be brought to the City Council to clarify how the proposed changes will provide improved or additional benefit.

MEMBERSHIP AND COMMITTEE STRUCTURE
The City Council defines the membership size by resolution or ordinance when establishing a committee. A committee consists of a minimum of five and a maximum of seven members, except the Planning Commission which consists only of five regular members. The Council may appoint up to two alternate members to serve on a committee in order to ensure a quorum can be reached if members cannot attend. City Council members and staff shall not sit as members on any committees. However, the City Council may, in its discretion, appoint two Council members in the composition of a City Council subcommittee for a specific purpose.

As required by State law, the Mayor shall nominate committee members from the pool of applicants, and they will be appointed only after a majority vote approval by the City Council. Applicants may choose to attend the City Council meeting and make a statement in support of their application before the Council votes on the appointment.

Residency. Committee members must reside within the St. Helena City limits.

The Council may approve an exception to this rule on a case-by-case basis. All five Planning Commissioners must live within the St. Helena City limits.

Member Terms. Committee members will serve two years from the date of appointment, except Planning Commissioners who will serve four years. Nonstanding committee membership will be based upon the timing of the specific project. In establishing a new committee, or when reducing existing terms from three years to two when those terms come up for reappointment, the Council may initially impose staggered terms consisting of one and two year terms.

Removal of a member may occur for reasons such as, but not limited to, excessive absences, Brown Act violations, and conduct violations. Excessive absences is defined as failing to attend 3 consecutive meetings or 6 meetings in a 12 month period. Recommendations to the City Council for removal may be made by a committee member, member of the public, staff member, or City Councilmember. Notwithstanding the foregoing, the City Council may in its discretion at any time vote to remove a member of any committee for any reason or none, with or without cause.

Committee Officers. Annually, a committee will select a chairperson and vice chairperson. No member may serve more than two consecutive years as chair, unless unanimously agreed upon by the Committee in a vote and approved by the City Council.

The chairperson runs the meeting in accordance with the agenda. The vice chairperson has the same powers and duties of the chair if the chair is absent or unable to act. If both the chair and vice-chair are absent or unable to act, the Agenda Item #9.4.

27 committee selects by motion and majority vote one member as acting chair for the duration of the meeting or absence.

Subcommittees. The committee may in its discretion appoint members to subcommittees for the purpose of researching specific issues, conducting community outreach, and/or formulating recommendations to the committee, and may also engage experts or other persons (who will not be considered as members). Subcommittee membership will be less than a majority of the total membership of the committee. Prior to creating a subcommittee, the committee will consult with staff to determine whether the subcommittee is subject to the Brown Act, in which case formation of the subcommittee will be subject to Council approval.

Bylaws. Committees may adopt bylaws governing their work that are consistent with this protocol and other City laws. Proposed bylaws must be reviewed by staff and approved by the City Council.

MEETING ADMINISTRATION
• Committees should meet at a regular interval (day and time) and location to facilitate public attendance and to provide an accessible forum for the public to attend.
• Committees and committee members shall conduct themselves in accordance with the requirements of State law and the Municipal Code.
• Meetings must be noticed to the public at least 72 hours prior to regular meetings, and 24 hours prior to special meetings, as required by the Brown Act.
• All meeting notices must be posted outside St. Helena City Hall and on the City website.
• Agendas must adhere to the form provided by the City to ensure consistency and clarity.
• Meeting minutes will be recorded using the City template and submitted for approval at the next committee meeting. Once approved, the minutes are submitted to the City Clerk for official record.

Quorum and Voting. A quorum is required to hold a meeting. A quorum is defined as the majority of the number of members, not counting alternates, which officially comprise a committee. Absences and vacancies do not change the quorum number. For example, if a committee is established with five members, the quorum is three members. If there are two vacancies on the committee, the quorum is still three members.

If a committee meets but does not have a quorum, either through lack of a quorum at the start of the meeting or due to members leaving the meeting, the Agenda Item #9.4.

28 committee may not conduct its regular business. In these instances, the committee may only act to adjourn to the next meeting date, recess, or take measures to obtain a quorum.

A majority vote is required to approve any action by the committee, unless otherwise required by law.

Alternate Members. Alternate members may vote only upon one of the following conditions:

1. Absence of one or more of the regular members of the committee; or

2. Disqualification of a regular member of the committee due to an expressed conflict of interest.

If more than one alternate member is present and only one vote is available, the alternate members will toss a coin to determine who may vote.

City Staff Liaison. The City Manager will designate a staff liaison to each committee. The liaison will be available to attend committee meetings at the request of the committee chair and with advance notice. The staff liaison’s role is to assist the committee in understanding City functions and requirements, such as state regulations, Municipal Code requirements, and conflict of interest and Brown Act requirements. The staff liaison ensures the continued flow of information regarding the City’s efforts and progress on work that pertains to the committee’s topic area. The staff liaison will collect and file committee records and minutes.

CITY COUNCIL REPORTS
The chairperson or committee designee will appear at a City Council meeting at least once per quarter to report on the committee’s activities and projects and to provide updates to the Council and community. The City Council will provide input and direction at that time. Committee chairpersons or designated committee members are encouraged to appear before the Council whenever they feel it is necessary to obtain Council direction or share information.

Agenda Item #9.4.

29 City of St. Helena
Meeting Ground Rules

1. Start on time

2. Everyone come prepared

3. If you called the meeting, run it well

4. If you are at the meeting, participate

5. Stay on topic

6. One person speaks at a time

7. Be open and honest

8. Actively listen – no side conversations, texting
or cellphone use

9. No negative body language or personal attacks

10. End on time
Agenda Item #9.4.

30 [COMMITTEE NAME]

AGENDA - REGULAR MEETING
[MEETING ADDRESS]
[MEETING DATE AND TIME]
1) CALL TO ORDER
2) PLEADGE OF ALLEGIANCE
3) ROLL CALL: [LIST MEMBERS, COUNCIL LIAISON, AND STAFF LIAISON] 4) PUBLIC FORUM: An opportunity for the public to directly address the [Committee] on items of interest to the public that are not listed on the agenda. Any person addressing the [Committee] should provide his or her name and address, and limit comments to five minutes. Because of restrictions imposed by the Brown Act, the [Committee] may not engage in substantive discussion, nor take action on matters not described on the agenda. 5) REPORTS AND ANNOUNCEMENTS BY MEMBERS AND STAFF: Reports by staff and/or [Committee] members on items of general interest. Brief questions for clarification may be posed and answered, and [Committee] members may request that items be placed on a future agenda. Except under certain circumstances, the Brown Act prohibits any other discussion or action by the [Committee].
6) CONSENT ITEMS

6.1 APPROVAL OF MINUTES: [Date of minutes]
7) NEW BUSINESS:

7.1 [List each item of business to be transacted or discussed at the meeting, with a brief description generally not exceeding 20 words and an approximate time allocated for the item.]
8) DISCUSSION OF ITEMS TO BE PLACED ON THE NEXT MEETING AGENDA 9) ADJOURNMENT
The next regularly scheduled [Committee] meeting will be held on [Date]. This agenda was posted at 1088 College Avenue, St. Helena, CA 94574, and or/at [location where meeting will be held] on [Date].
_________________________
Name, Staff Liaison
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact City Hall at (707) 967-2792. Notification 48 hours prior to the meeting will enable Agenda Item #9.4.

31 the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR35.102-35.104 ADA Title II). However, City staff will attempt to assist at any time with accessibility. The City Clerk has equipment to assist those with a hearing impairment.

2.27 Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century
All procedural matters not otherwise provided for in or controlled by state law or by any ordinance, resolution, rule or regulation of the City shall be governed by Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century (attached as Exhibit). However, no ordinance, resolution, or other action of the Council shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Council to observe or follow such rules. Certain procedures relating to motions, agenda item discussion, debate, and courtesies contained in Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century are incorporated into this document, except to the extent they are modified by this Protocol document.

3. CITY COUNCIL STANDARDS OF CONDUCT

3.1 Policy Purpose
The St. Helena City Council adopts this Code of Ethics and Conduct to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of St. Helena’s City government.

3.2 Ethics
The citizens and businesses of St. Helena are entitled to have fair, ethical and accountable local government. To this end, the public should have full confidence that their elected and appointed officials:
▪ Comply with both the letter and spirit of the laws and policies affecting the operations of government;
▪ Are independent, impartial and fair in their judgment and actions; ▪ Use their public office for the public good, not for personal gain; and ▪ Conduct public deliberations and processes openly, unless required by law to be confidential, in an atmosphere of respect and civility.

Therefore, members of the City Council, City Treasurer, and City Clerk and of all Boards, Committees and Commissions shall conduct themselves in accordance with the following ethical standards:
(a) Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of St. Helena and not for any private or Agenda Item #9.4.

32 personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before them.
(b) Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of St. Helena in the performance of their public duties.
(c) Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the Staff or public.
(d) Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council.
(e) Conduct at Public Meetings. Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand.
(f) Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion of the hearing on the matter and shall base their decisions on the facts presented at the hearing and the law.
(g) Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the body which they may have received from sources outside of the public decisionmaking process. (h) Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) a material financial interest, (b) an organizational responsibility or personal relationship which may give the appearance of a conflict of interest, or (c) a strong personal bias.

Agenda Item #9.4.

33 A member who has a potential conflict of interest regarding a particular decision shall disclose the matter to the City Attorney and reasonably cooperate with the City Attorney to analyze the potential conflict. If advised by the City Attorney to seek advice from the Fair Political Practices Commission (FPPC) or other appropriate state agency, a member shall not participate in a decision unless and until he or she has requested and received advice allowing the member to participate. A member shall diligently pursue obtaining such advice. The member shall provide the Mayor and the City Attorney a copy of any written request or advice, and conform his or her participation to the advice given. In providing assistance to members, the City Attorney represents the City and not individual members.

In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and if they have a conflict of interest regarding a particular decision, shall not, once the conflict is ascertained, participate in the decision and shall not discuss or comment on the matter in any way to any person including other members unless otherwise permitted by law.
(i) Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised.
(j) Confidential Information. Members must maintain the confidentiality of all written materials and verbal information provided to members which is confidential or privileged. Members shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
(k) Use of Public Resources. Members shall not use public resources which are not available to the public in general (e.g., City Staff time, equipment, supplies or facilities) for private gain or for personal purposes not otherwise authorized by law.
(l) Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any Board, Committee, Commission or proceeding of the City, nor shall members of Boards, Committees and Commissions appear before their Agenda Item #9.4.

34 own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. (m) Advocacy. Members shall represent the official policies or positions of the City Council, Board, Committee or Commission to the best of their ability when designated as delegates for this purpose. When communicating in their individual capacity and presenting their individual opinions and positions on public policy matters which fall under the jurisdiction of the City of St. Helena, members shall explicitly state that the opinions or positions being expressed do not represent the City of St. Helena or the body upon which they serve, nor will they allow the inference that they do.

Councilmembers and Board, Committee and Commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, or Board, Committee and Commission meetings, or other official City meetings.
(n) Policy Role of Members. Members shall respect and adhere to the council-manager structure of St. Helena City government as outlined in the St. Helena City Code. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by City Staff, Boards, Committees and Commissions, and the public.

Except as provided by the City Code, members shall not interfere with the administrative functions of the City or the professional duties of City Staff; nor shall they impair the ability of Staff to implement Council policy decisions.
(o) Independence of Boards, Committees and Commissions.

Because of the value of the independent advice of Boards, Committees and Commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board, Committee and Commission proceedings.
(p) Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City.

Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to Staff. (q) AB 1234—Required Ethics Training
AB 1234 requires elected or appointed officials who are compensated for their service or reimbursed for their expenses to take two hours of training in ethics principles and laws every two years. Staff members listed on the conflict of Agenda Item #9.4.

35 interest code must also complete the training. It is the City’s policy to emphasize the importance of ethics in government and although not required, it is highly encouraged that all advisory body members, including Committees and Commissions, adhere to the same requirements.

The training must occur within two months of assuming office and be renewed within two months of the expiration of the current certificate. The training must cover general ethics principles relating to public service and ethics laws including:
• Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws);
• Laws relating to office-holder perks, including gifts and travel restrictions, personal and political use of public resources, and prohibitions against gifts of public funds;
• Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act);
• Laws relating to fair processes, including fair contracting requirements, common law bias requirements, and due process.

3.3 Code of Ethics and Conduct
The Code of Ethics and Conduct are designed to describe the manner in which elected and appointed officials should treat one another, City Staff, constituents, and others they come into contact with while representing the City of St. Helena. (a) Elected and Appointed Officials’ Conduct with Each Other in Public Meetings
Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.

1. Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

2. Practice civility and decorum in discussions and debate Agenda Item #9.4.

36 Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments.

3. Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

4. Demonstrate effective problem-solving approaches
Members have a public stage and have the responsibility to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.
(b) Elected and Appointed Officials’ Conduct with the Public in Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

1. Be welcoming to speakers and treat them with care and gentleness.
a. While questions of clarification may be asked, the
official’s primary role during public testimony is to listen.

2. Be fair and equitable in allocating public hearing time to individual speakers.
a. The chair will determine and announce limits on speakers at the start of the public hearing process.

3. Practice active listening
a. It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long
period of time or gazing around the room gives the
appearance of disinterest. Members shall try to be
Agenda Item #9.4.

37 conscious of facial expressions, and avoid those that could be interpreted as "smirking," disbelief, anger or boredom.

4. Maintain an open mind
a. Members of the public deserve an opportunity to
influence the thinking of elected and appointed officials.

5. Ask for clarification, but avoid debate and argument with the public
a. Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member can
ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing.
(c) Elected and Appointed Officials’ Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and City Staff who implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

1. Treat all Staff as professionals
a. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected.

Poor behavior towards Staff is not acceptable.

2. Do not disrupt City Staff from their jobs
a. Elected and appointed officials should not disrupt City Staff while they are in meetings, on the phone, or
engrossed in performing their job functions in order to have their individual needs met. Do not attend City Staff meetings unless requested by Staff – even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may
intimidate Staff, and hampers Staff’s ability to do their job objectively.

3. Never publicly criticize an individual employee
a. Elected and appointed officials should never express concerns about the performance of a City employee in
public, to the employee directly, or to the employee’s
manager. Comments about Staff performance should
only be made to the City Manager through private
correspondence or conversation. Appointed officials
Agenda Item #9.4.

38 should make their comments regarding Staff to the City Manager or the Mayor.

4. Do not get involved in administrative functions
a. Elected and appointed officials acting in their individual capacity must not attempt to influence City Staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.

5. Do not solicit political support from Staff
a. Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City Staff. City Staff may, as private citizens with
constitutional rights, support political candidates but all such activities must be done away from the workplace.

6. No Attorney-Client Relationship
a. Members shall not seek to establish an attorney-client relationship with the City Attorney, including his or her Staff and attorneys contracted to work on behalf of the City. The City Attorney represents the City and not
individual members. Members who consult with the City
Attorney cannot enjoy or establish an attorney-client
relationship with the attorney.
(d) Council Conduct with Boards, Committees and Commissions The City has established several Boards, Committees and Commissions as a means of gathering more community input. Citizens who serve on Boards, Committees and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect.

1. Respect Role of Liaison to City’s Boards,
Committees and Commissions
Several of the City’s Boards, Committees and Commissions have a Council Member who serves as its Council liaison. The City Council will collectively review and approve liaison appointments annually. Council Members serving as liaisons should act as an advisor and resource to
committee/board/commission members and the
committee/board/commission’s Staff liaison when issues
Agenda Item #9.4.

39 regarding process, procedure, attendance, interpersonal or public relations arise.

2. Respect that Boards, Committees and Commissions serve the community, not individual Councilmembers
The City Council appoints individuals to serve on Boards, Committees and Commissions, and it is the responsibility of Boards, Committees and Commissions to follow policy
established by the Council. But Board, Committee and
Commission members do not report to individual
Councilmembers (whether or not they are serving as liaisons), nor should Councilmembers feel they have the power or right to threaten Board, Committee and Commission members with
removal if they disagree about an issue. Appointment and reappointment to a Board, Committee or Commission should be based on such criteria as expertise, ability to work with Staff and the public, and commitment to fulfilling official duties. A Board, Committee or Commission appointment should not be used as a political "reward."

3. Be respectful of diverse opinions
A primary role of Boards, Committees and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working
relationship with some individuals serving on Boards, Committees and Commissions, but must be fair and respectful of all citizens serving on Boards, Committees and Commissions.

4. Keep political support away from public forums
Board, Committee and Commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support Board, Committee and Commission members who are running for office, but not in an official forum in their capacity as a Councilmember.
(e) Elected and Appointed Officials’ Conduct With Each Other and the Public in Private Encounters

1. Continue Respectful Behavior in Private
The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions, and set forth above in subsections (a) through (d), should be maintained in private conversations, including telephone calls, texts, e-mails or other forms of communication. Council Members and appointed officials shall refrain from abusive conduct, intimidation, bullying tactics, personal charges, or verbal attacks upon the character or motives of other members or the public.

Agenda Item #9.4.

40 2. Be Aware of the Insecurity (Non-Confidentiality) of Written Notes, Texts, Voicemail and E-mail
Technology allows words written or said without much forethought to be distributed wide and far. Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message was played on a speakerphone in a full office? What would happen if this E-mail or text message were forwarded to others? Written notes, voicemail messages, texts and E-mail should be treated as potentially "public" communication.

3. Understand that Even Private Conversations can have Public Presence Elected and appointed officials are always on display — their actions, demeanor, fitness, mannerisms, language and timing and form of communication are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, late-night e-mails will be questioned and casual comments between individuals before and after public meetings noticed.

3.4 Enforcement and Sanctions
(a) Acknowledgement of Code of Ethics and Conduct
Upon assuming office each Councilmember, and each Board, Committee and Commission Member (“Member”), shall sign a statement affirming that he or she has been provided with and has read the Code of Ethics and Conduct. Each Councilmember, Board, Committee and Commission Member, shall adhere to the Code of Ethics and Conduct as well as the Council’s Rules of Procedure. Councilmembers who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct shall be ineligible for intergovernmental assignments or Council subcommittees. Board, Committee and Commission members who do not sign an acknowledgement that they have read and understand the Code of Ethics and Conduct are not eligible to hold office. (b) Ethics Training for Local Officials
. Councilmembers, City Treasurer, City Clerk, Board, Committee, Commission Members and those listed on the conflict of interest code who are out of compliance with State or City mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council subcommittees and may be subject to sanctions.
(c) Behavior and Conduct
The St. Helena Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the St. Helena City Council, Boards, Committees and Commissions. Each Member him or herself has Agenda Item #9.4.

41 the primary responsibility to assure that he or she understands and satisfies the ethical standards, so that the public can continue to have full confidence in the integrity of government. The chairs of Boards, Committees and Commissions and the Mayor and Council have the additional responsibility to intervene when actions of Members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention. Without violating Brown Act serial meeting requirements, individual Members should point out to the offending Member perceived infractions of the Code of Ethics and Conduct.
(d) Council Authority
Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, a majority of the Councilmembers may remove a Councilmember from any or all Council honorary and/or ceremonial positions and ad-hoc and standing committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council.

3.5 Implementation
The Code of Ethics and Conduct is intended to be self-enforcing and is an expression of the standards of conduct for members expected by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.

For this reason, this document shall be included in the regular orientations for candidates for City Council, City Treasurer, City Clerk, applicants to Board, Committee and Commissions, and newly elected and appointed officials.

Members entering office shall sign the following statement (below) acknowledging they have read and understand the Code of Ethics and Conduct.

In addition, the Code of Ethics and Conduct shall be periodically reviewed by the City Council, Boards, Committees and Commissions, and updated it as necessary.

I affirm that I have read and understand the City of St. Helena Code of Ethics and Conduct for Elected and Appointed Officials.
__________________________________ _______________________ Signature Date
Agenda Item #9.4.

League of California Cities 1
Rosenberg’s Rules of Order:

Simple Parliamentary
Procedures for the 21st Century
Agenda Item #9.4.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and autonomy of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts educational conferences and research, and publishes Western City magazine.

About Western City Magazine
Western City is the League of California Cities' monthly magazine. Western City provides lively, interdisciplinary analyses of issues affecting local governance. Its goal is to offer immediately practical ideas, information and bigger-picture policy issues and trends. For more information, visit www.westerncity.com. “Rosenberg’s Rules of Order” first appeared in Western City magazine in August and September 2003.

VISION:

To be recognized and respected as the leading advocate for the common interests of California cities.

MISSION:

To restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

About the Author
Dave Rosenberg is an elected county supervisor representing the 4th District in Yolo County. He also serves as director of community and intergovernmental relations, director of operations, and senior advisor to the governor of California. He has served as a member and chair of numerous state and local boards, both appointed and elected, and also served on the Davis City Council for 12 years, including two terms as mayor.

He has taught classes on parliamentary procedure and has served as parliamentarian for large and small governing bodies.

In the fall of 2003, Gov. Davis appointed Rosenberg as a judge of the Yolo County Superior Court.
1400 K Street, Sacramento, CA 95814
(916) 658-8200
Fax (916) 658-8240
www.cacities.org
To order additional copies of this publication, call (916) 658-8257 or visit www.cacities.org/store. © 2003 League of California Cities. All rights reserved.

Agenda Item #9.4.

www.cacities.org 1
he rules of procedure at meetings
should be simple enough for most
people to understand. Unfortunately,
that hasn’t always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules, Robert’s Rules of Order, which are embodied in a small but complex book.

Virtually no one I know has actually
read this book cover to cover.

Worse yet, the book was written for
another time and purpose. If you are
running the British Parliament, Robert’s
Rules of Order is a dandy and quite useful handbook. On the other hand, if you’re running a meeting of a fivemember body with a few members of the public in attendance, a simplified
version of the rules of parliamentary
procedure is in order. Hence, the birth
of “Rosenberg’s Rules of Order.”
This publication covers the rules of
parliamentary procedure based on my
20 years of experience chairing meetings
in state and local government. These
rules have been simplified and slimmed
down for 21st century meetings, yet
they retain the basic tenets of order to
which we are accustomed.
“Rosenberg’s Rules of Order” are supported by the following four principles:

1. Rules should establish order. The
first purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct
of meetings.

2. Rules should be clear. Simple rules
lead to wider understanding and
participation. Complex rules create
two classes: those who understand
and participate and those who do
not fully understand and do not
fully participate.

3. Rules should be user-friendly. That
is, the rules must be simple enough
that citizens feel they have been able
to participate in the process.

4. Rules should enforce the will of
the majority while protecting the
rights of the minority. The ultimate
purpose of the rules of procedure is
to encourage discussion and to facilitate decision-making by the body. In a democracy, the majority rules. The
rules must enable the majority to
express itself and fashion a result,
while permitting the minority to also
express itself (but not dominate) and
fully participate in the process.

The Chairperson Should Take a
Back Seat During Discussions
While all members of the governing
body should know and understand the
rules of parliamentary procedure, it is
the chairperson (chair) who is charged
with applying the rules of conduct.

The chair should be well versed in those
rules, because the chair, for all intents
and purposes, makes the final ruling on
the rules. In fact, all decisions by the
chair are final unless overruled by the
governing body itself.

Because the chair conducts the meeting,
it is common courtesy for the chair to
take a less active role than other members of the body in debates and discussions. This does not mean that the chair should not participate in the debate or
discussion. On the contrary, as a member of the body, the chair has full rights to participate in debates, discussions
and decision-making. The chair should,
however, strive to be the last to speak at
the discussion and debate stage, and
should not make or second a motion
unless he or she is convinced that no
other member of the body will do so.

The Basic Format for an
Agenda Item Discussion
Formal meetings normally have a written,
published agenda; informal meetings
may have only an oral or understood
agenda. In either case, the meeting is
governed by the agenda and the agenda
constitutes the body’s agreed-upon road
map for the meeting. And each agenda
item can be handled by the chair in the
following basic format.

First, the chair should clearly announce
the agenda item number and should
clearly state what the subject is. The
chair should then announce the format
that will be followed.

Second, following that agenda format,
the chair should invite the appropriate
people to report on the item, including
any recommendation they might have.

The appropriate person may be the
chair, a member of the governing body,
Rosenberg’s Rules of Order:

Simple Parliamentary
Procedures for the 21st Century
There are exceptions to the general rule of free
and open debate on motions. The exceptions all
apply when there is a desire to move on.
by Dave Rosenberg
Agenda Item #9.4.

2 League of California Cities
a staff person, or a committee chair
charged with providing information
about the agenda item.

Third, the chair should ask members
of the body if they have any technical
questions for clarification. At this point,
members of the governing body may ask
clarifying questions to the people who
reported on the item, and they should
be given time to respond.

Fourth, the chair should invite public
comments or, if appropriate at a formal
meeting, open the meeting to public
input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of each public speaker. At the conclusion of the
public comments, the chair should announce that public input has concluded (or that the public hearing, as the case
may be, is closed).

Fifth, the chair should invite a motion
from the governing body members. The
chair should announce the name of the
member who makes the motion.

Sixth, the chair should determine if any
member of the body wishes to second
the motion. The chair should announce
the name of the member who seconds
the motion. It is normally good practice
for a motion to require a second before
proceeding with it, to ensure that it is
not just one member of the body who
is interested in a particular approach.

However, a second is not an absolute
requirement, and the chair can proceed
with consideration and a vote on the
motion even when there is no second.

This is a matter left to the discretion
of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways:

1. The chair can ask the maker of the
motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary
or the clerk of the body to repeat
the motion.

Motions are made in a simple two-step
process. First, the chair recognizes the
member. Second, the member makes a
motion by preceding the member’s
desired approach with the words: “I
move …” A typical motion might be:
“I move that we give 10 days’ notice in
the future for all our meetings.”
The chair usually initiates the motion by:

1. Inviting the members to make a
motion: “A motion at this time
would be in order.”
Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century Ninth, the chair takes a vote. Simply
asking for the “ayes” and then the “nays”
is normally sufficient. If members of the
body do not vote, then they “abstain.”
Unless the rules of the body provide
otherwise or unless a super-majority is
required (as delineated later in these
rules), a simple majority determines
whether the motion passes or is defeated.

Tenth, the chair should announce the
result of the vote and should announce
what action (if any) the body has taken.

In announcing the result, the chair
should indicate the names of the members, if any, who voted in the minority on the motion. This announcement
might take the following form: “The
motion passes by a vote of 3-2, with
Smith and Jones dissenting. We have
passed the motion requiring 10 days’
notice for all future meetings of this
governing body.”
Motions in General
Motions are the vehicles for decisionmaking. It is usually best to have a motion before the governing body prior to discussing an agenda item, to help everyone focus on the motion before them.

Eighth, the chair should now invite discussion of the motion by the members of the governing body. If there is no
desired discussion or the discussion has
ended, the chair should announce that
the body will vote on the motion. If
there has been no discussion or a very
brief discussion, the vote should proceed
immediately, and there is no need to repeat the motion. If there has been substantial discussion, it is normally best to make sure everyone understands the
motion by repeating it.

2. Suggesting a motion to the members:
“A motion would be in order that we
give 10-days’ notice in the future for
all our meetings.”

3. Making the motion.

As noted, the chair has every right as a
member of the body to make a motion,
but normally should do so only if he or
she wishes a motion to be made but no
other member seems willing to do so.

The Three Basic Motions
Three motions are the most common:

1. The basic motion. The basic motion
is the one that puts forward a decision for consideration. A basic motion might be: “I move that we create a five-member committee to plan
and put on our annual fundraiser.”

2. The motion to amend. If a member
wants to change a basic motion that
is under discussion, he or she would
move to amend it. A motion to
amend might be: “I move that we
amend the motion to have a 10-
member committee.” A motion to
amend takes the basic motion that is
before the body and seeks to change
it in some way.

Debate on policy is healthy; debate on personalities
is not. The chair has the right to cut off discussion
that is too personal, too loud or too crude.

Agenda Item #9.4.

www.cacities.org 3
Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century

3. The substitute motion. If a member
wants to completely do away with
the basic motion under discussion
and put a new motion before the
governing body, he or she would
“move a substitute motion.” A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect,
if passed.

A motion to amend seeks to retain the
basic motion on the floor, but to modify
it in some way.

A substitute motion seeks to throw out
the basic motion on the floor and substitute a new and different motion for it.

The decision as to whether a motion is
really a motion to amend or a substitute
motion is left to the chair. So that if a
member makes what that member calls a
motion to amend, but the chair determines it is really a substitute motion, the chair’s designation governs.

When Multiple Motions Are Before
The Governing Body
Up to three motions may be on the floor
simultaneously. The chair may reject a
fourth motion until the three that are on
the floor have been resolved.

When two or three motions are on the
floor (after motions and seconds) at
the same time, the first vote should be
on the last motion made. So, for example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second
motion to “amend the main motion to
have a 10-member committee, not a
five-member committee, to plan and
put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute
motion that we not have an annual
fundraiser this year.” The proper procedure would be as follows.

First, the chair would deal with the
third (the last) motion on the floor, the
substitute motion. After discussion and
debate, a vote would be taken first on
the third motion. If the substitute
motion passes, it would be a substitute
for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which
sought to amend the first motion), and
the action on the agenda item would be
complete. No vote would be taken on
the first or second motions. On the
other hand, if the substitute motion (the
third motion) failed, the chair would
proceed to consideration of the second
(now the last) motion on the floor, the
motion to amend.

If the substitute motion failed, the
chair would then deal with the second
(now the last) motion on the floor,
the motion to amend. The discussion
and debate would focus strictly on the
amendment (should the committee be
five or 10 members). If the motion to
amend passed, the chair would now
move to consider the main motion (the
first motion) as amended. If the motion
to amend failed, the chair would now
move to consider the main motion
(the first motion) in its original format,
not amended.

To Debate or Not to Debate
The basic rule of motions is that they
are subject to discussion and debate.

Accordingly, basic motions, motions to
amend, and substitute motions are all
eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members
of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule
of free and open debate on motions. The
exceptions all apply when there is a
desire of the body to move on. The following motions are not debatable (that is, when the following motions are made
and seconded, the chair must immediately call for a vote of the body without debate on the motion):

A motion to adjourn. This motion, if
passed, requires the body to immediately
adjourn to its next regularly scheduled
meeting. This motion requires a simple
majority vote.

A motion to recess. This motion, if
passed, requires the body to immediately
take a recess. Normally, the chair determines the length of the recess, which may range from a few minutes to an
hour. It requires a simple majority vote.

The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintaining steady
progress through the agenda items.

Third, the chair would now deal with
the first motion that was placed on the
floor. The original motion would either
be in its original format (five-member
committee) or, if amended, would be in
its amended format (10-member committee). And the question on the floor for discussion and decision would be
whether a committee should plan and
put on the annual fundraiser.

A motion to fix the time to adjourn.

This motion, if passed, requires the body
to adjourn the meeting at the specific
time set in the motion. For example, the
motion might be: “I move we adjourn
this meeting at midnight.” It requires a
simple majority vote.

A motion to table. This motion, if
passed, requires discussion of the agenda
item to be halted and the agenda item to
Agenda Item #9.4.

4 League of California Cities
be placed on “hold.” The motion may
contain a specific time in which the
item can come back to the body: “I
move we table this item until our regular meeting in October.” Or the motion may contain no specific time for the
return of the item, in which case a
motion to take the item off the table
and bring it back to the body will have
to be taken at a future meeting. A
motion to table an item (or to bring it
back to the body) requires a simple
majority vote.

A motion to limit debate. The most
common form of this motion is to say:
“I move the previous question” or “I
move the question” or “I call for the
question.” When a member of the body
makes such a motion, the member is
really saying: “I’ve had enough debate.

Let’s get on with the vote.” When such
a motion is made, the chair should ask
for a second to the motion, stop debate,
and vote on the motion to limit debate.

The motion to limit debate requires a
two-thirds vote of the body. Note that a
motion to limit debate could include a
time limit. For example: “I move we
limit debate on this agenda item to
15 minutes.” Even in this format, the
the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority,
but there are a few exceptions. The
exceptions occur when the body is
taking an action that effectively cuts
off the ability of a minority of the body
to take an action or discuss an item.

These extraordinary motions require a
two-thirds majority (a super-majority)
to pass:

Motion to limit debate. Whether a
member says, “I move the previous
question,” “I move the question,” “I
call for the question” or “I move to limit
debate,” it all amounts to an attempt to
cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.

Motion to close nominations. When
choosing officers of the body, such as the
chair, nominations are in order either
from a nominating committee or from
the floor of the body. A motion to close
nominations effectively cuts off the right
of the minority to nominate officers,
and it requires a two-thirds vote
to pass.
pend the rules for a particular purpose.

For example, the body (a private club)
might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club
member to attend a meeting of the club
on a particular date or on a particular
agenda item.

The Motion to Reconsider
There is a special and unique motion
that requires a bit of explanation all by
itself: the motion to reconsider. A tenet
of parliamentary procedure is finality.

After vigorous discussion, debate and
a vote, there must be some closure to
the issue. And so, after a vote is taken,
the matter is deemed closed, subject
only to reopening if a proper motion
to reconsider is made.

A motion to reconsider requires a
majority vote to pass, but there are
two special rules that apply only to
the motion to reconsider.

First is the matter of timing. A motion
to reconsider must be made at the meeting where the item was first voted upon or at the very next meeting of the body.

A motion to reconsider made at a later
time is untimely. (The body, however,
can always vote to suspend the rules
and, by a two-thirds majority, allow a
motion to reconsider to be made at
another time.)
Second, a motion to reconsider may be
made only by certain members of the
body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the
motion to reconsider (any other member of the body may second the motion).

If a member who voted in the minority
seeks to make the motion to reconsider,
it must be ruled out of order. The purpose of this rule is finality. If a member of the minority could make a motion to
reconsider, then the item could be
brought back to the body again and
again, which would defeat the purpose
of finality.

Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable,
and if passed, precludes the body from
even considering an item on the agenda.

It also requires a two-thirds vote.

Majority and Super-Majority Votes
In a democracy, decisions are made with
a simple majority vote. A tie vote means
the motion fails. So in a seven-member
body, a vote of 4-3 passes the motion. A
vote of 3-3 with one abstention means
Motion to object to the consideration
of a question. Normally, such a motion
is unnecessary, because the objectionable
item can be tabled or defeated straight
up. However, when members of a body
do not even want an item on the agenda
to be considered, then such a motion
is in order. It is not debatable, and it
requires a two-thirds vote to pass.

Motion to suspend the rules. This
motion is debatable, but requires a twothirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to susIf you are running the British Parliament, Robert’s Rules of Order is a dandy and quite
useful handbook.

Agenda Item #9.4.