NOTICE OF SPECIAL MEETING
Pursuant to Section 54956 of the Government Code of the State of California, a Special Meeting of the Tracy City Council is hereby called for:
Date/Time: Tuesday, February 28, 2023, 7:00 p.m.
(or as soon thereafter as possible)
Location: City Council Chambers, 333 Civic Center Plaza, Tracy
Government Code Section 54954.3 states that every public meeting shall provide an opportunity for the public to address the Tracy City Council on any item, before or during consideration of the item, however no action shall be taken on any item not on the agenda
This meeting will be open to the public for in-person and remote participation pursuant to Government Code Section 54953(e)
The City of Tracy remains under a local emergency for COVID-19 and is now conducting teleconference meetings pursuant to State Law. Teleconferenced locations may include various locations including Tracy City Hall. In accordance with the California Department of Public Health Guidelines, universal masking is recommended for all persons regardless of vaccination status and social distancing protocols will be in place for Tracy City Hall.
Members of the public may participate remotely in the meeting via the following method.
For Remote Public Comment:
During the Items from the Audience, public comment will be accepted via the options listed below. If you would like to comment remotely, please follow the protocols below:
Comments via:
Online by visiting https://cityoftracyevents.webex.com and using the following Event Number: 2550 293 2257 and Event Password: TracyCC If you would like to participate in the public comment anonymously, you may submit your comment in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address.
Join by phone by dialing +1-408-418-9388, enter 25502932257#8722922# Press *3 to raise the hand icon to speak on an item.
Protocols for commenting via WebEx:
If you wish to comment under “Items from the Audience/Public Comment” portion of the agenda:
Listen for the Mayor to open “Items from the Audience/Public Comment”, then raise your hand to speak by clicking on the Hand icon on the Participants panel to the right of your screen.
If you no longer wish to comment, you may lower your hand by clicking on the Hand icon again.
Comments for the “Items from the Audience/Public Comment” will be accepted until the public comment period is closed.
The total allotted time for public comment under “Items from the Audience/Public Comment” will be 15 minutes.
TRACY CITY COUNCIL AGENDA February 28, 2023
1. CALL TO ORDER
2. ROLL CALL
3. ITEMS FROM THE AUDIENCE
4. DISCUSSION ITEM
4.A. Conduct a workshop to 1) Discuss Council’s A) Code of Conduct and B) Meeting Protocols and Rules of Procedures, and 2) Determine whether either (or both) should be amended at a future Council meeting.
5. COUNCIL ITEMS AND COMMENTS
6. ADJOURNMENT
Mayor
Posting Date: February 23, 2023
The City of Tracy is in compliance with the Americans with Disabilities Act and will make all reasonable accommodations for the disabled to participate in employment, programs and facilities.
Persons requiring assistance or auxiliary aids in order to participate, should contact the City Manager’s Office at (209) 831-6000 at least 24 hours prior to the meeting.
February 28, 2023
AGENDA ITEM 4.A
REQUEST
CONDUCT A WORKSHOP TO 1) DISCUSS COUNCIL’S A) CODE OF CONDUCT AND B) MEETING PROTOCOLS AND RULES OF PROCEDURES, AND 2) DETERMINE WHETHER EITHER (OR
BOTH) SHOULD BE AMENDED AT A FUTURE COUNCIL MEETING
EXECUTIVE SUMMARY
On October 15, 2019, the City Council adopted a Code of Conduct (Code) that outlines the norms and values to which this legislative body holds itself. The City Council has amended the Code several times since its adoption in 2019, and the current version of the Code is attached to this report as Attachment 1. These amendments addressed singular issues and did not change the remainder of the originally adopted Code. On November 5, 2019, the City Council adopted Meeting Protocols and Rules of Procedure (Protocols). The City Council has also amended the Protocols to address singular issues since their original adoption. The current version of the Protocols is attached to this report as Attachment 2.
This workshop is to enable a robust discussion of both the Code and the Protocols, to determine whether either (or both) should be amended at a future City Council meeting to address various issues of interpretation as well as omission that have been observed by the City Management team, City Attorney and Councilmembers.
DISCUSSION
Pursuant to best practices (and in accordance with authority granted by California Government Code section 36813), legislative bodies often adopt policies governing the roles and responsibilities of such bodies as well as norms and behaviors expected of the members serving on the bodies. These governance policies help to facilitate effective meetings, promote civility, and serve as a framework to guide a healthy working relationship between the legislative members and the staff serving the legislative bodies.
In June 2019, the San Joaquin County Civil Grand Jury issued a report on its investigation of the Tracy City Council and recommended the City Council adopt an ethics policy to guide its conduct. The City Council already had been discussing the need for an ethics policy prior to the release of the Grand Jury report and, on July 16, 2019, Council unanimously agreed to develop and adopt an ethics/code of conduct policy. Subsequently, on October 15, 2019, the City Council adopted the City Council’s Code of Conduct. As noted above, the Code has been amended since its original adoption, most recently as 2021.
During Council’s development of the Code, the then City Council expressed a desire to update the existing rules and procedures for preparing agendas and conducting meetings. These older rules had been last adopted in April 2015 and were referred to as the “Procedures for Preparation, Posting and Distribution of Agenda and the Conduct of Public Meetings”. On November 5, 2019, the City Council replaced those older rules with the new Protocols. The Protocols were last amended in 2021.
Agenda Item 4.A
February 28, 2023
This workshop is to enable a robust discussion of both the Code and the Protocols, to determine whether either (or both) should be amended at a future City Council meeting to address various issues of interpretation as well as omission that have been observed by the City Management team, City Attorney and Councilmembers. As these policy documents address a broad range of topic areas, staff is recommending that, in the interest of time, the workshop discussion be limited to a discrete and manageable list of topics. The anticipated list of topics is noted in the PowerPoint presentation listed as Attachment 3 to this staff report. As the presentation reflects, the topics proposed to be discussed generally relate to the definition of a “meeting”, how the agenda for a meeting is set, and the scope of parliamentary and procedural rules that apply during the conduct of a meeting. To guide the discussion, the presentation outlines applicable key statutes/rules set forth in the Brown Act, Rosenberg’s Rules of Order, Code and the Protocols for each identified topic area. Staff anticipates the workshop would conclude with concrete topics and/or amendments to be brought back for future Council consideration and adoption. As a part of this discussion, the City Manager and the City Attorney will provide specific recommendations for the City Council’s consideration.
Importantly, this workshop is a continuation of discussions that commenced at the City Council Annual Retreat that occurred on February 4-5, 2023 (Retreat). Due to time constraints, several of the topics were not discussed. The attached presentation notes which topics were discussed at the Retreat. While all of the topics are listed in the attached presentation, staff recommends the workshop discussion start with the last topic that was not fully discussed (agenda setting/publication) so that all of the topics can be covered within this scheduled workshop. In addition, the topics that are addressed or should be addressed by a separate Council-adopted policy, such as travel and flag flying, are not within the scope of this Council workshop.
STRATEGIC PLAN
This agenda item indirectly supports City Council’s Strategic Priority of Governance that encourages the development of good governance policies.
FISCAL IMPACT
This agenda item will have no fiscal impact on the City as no formal actions are being taken.
RECOMMENDATION
Conduct a workshop to 1) Discuss Council’s A) Code of Conduct and B) Meeting Protocols and Rules of Procedures, and 2) Determine whether either (or both) should be amended at a future council meeting.
Prepared by: Bijal M. Patel, City Attorney
Midori Lichtwardt, Acting City Manager
ATTACHMENTS
Attachment 1 – Code of Conduct
Attachment 2 – Meeting Protocols and Rules of Procedure Attachment 3 – PowerPoint Presentation for Workshop
ATTACHMENT 1
RESOLUTION 2021- 049
AMENDING COUNCIL MEETING PROTOCOLS AND RULES OF PROCEDURE TO
ESTABLISH A FIVE MINUTE TIME LIMIT FOR COUNCIL DISCUSSION AND DEBATE,
PROVIDE CITY BOARDS AND COMMISSIONS FLEXIBILITY ON THE USE OF
PARLIMENTARY PROCEDURES, AND REQUIRE THAT ALL COUNCIL SPECIAL MEETING AGENDAS INCLUDE A " COUNCIL ITEMS AND COMMENTS" SECTION WHEREAS, Government Code section 36813 authorizes legislative bodies to establish rules for the conduct of their proceedings. These rules must comport with the Ralph M. Brown Act (" Brown Act"; Government Code sections 54950 et seq.) which applies to all meetings of legislative bodies" within California, including the Tracy City Council and advisory boards and commissions; and
WHEREAS, On November 5, 2019, Council adopted Council Meeting Protocols and Rules of Procedures (" Council Protocols") by Resolution No. 2019-240; and WHEREAS, On June 16, 2020, City Council amended the Council Protocols via Resolution 2020- 112 to require agendas for special meetings to include a " Council Items and Comments" section; and
WHEREAS, On April 6, 2021, Council discussed amending the Council Protocols to establish a five- minute time limit per Council Member during Council discussion and debate, allow City Boards and Commissions to utilize more informal parliamentary procedures, and require that agendas for all Council meetings include a " Council Items and Comments" section, WHEREAS, Sections 5.15 is amended in its entirety to read as follows:
Parliamentary Procedures. Council meetings shall be conducted in accordance with the Rosenberg' s Rules of Order: Simple Parliamentary Procedures for the 21
st
Century unless otherwise specified herein. ( Appendix A - Rosenberg' s Rules of Order, Revised 2011, as may be amended). City Boards and Commissionsmay use Rosenberg's Rules of Order or any other informal meeting protocols or parliamentary procedures to conduct their meetings.
5. 15. 1 Time Limit for Council Discussion and Debate. Each Council Member shall have a maximum of five minutes to speak during Council discussion and debate of a motion.
5.15.2 Point of Order. Any Council member may ask for a point of order, at which time the Presiding Officer will ask for an explanation. Points of order relate to matters that a Council member considers inappropriate conduct for the meeting, such as the failure to adhereto these Protocols. The PresidingOfficer shall rule on matter. Any membercan moveto appealthe PresidingOfficer's ruling, with a secondfrom anotherCouncilmember. Followingdebate, the ruling of the Presiding Officer may be reversed by a majority vote." WHEREAS, Section 5. 11. 1 is amended to read as follows:
Agendas for regular and special meetings of the Council shall include a Council Items and Comments' section."
ATTACHMENT 2
Resolution 2021- 049
NOW, THEREFORE, BE IT RESOLVED, That the City Councilof the City of Tracy hereby amends the Council Meeting Protocols and Rules of Procedure as described in this Resolution.
The foregoing Resolution2021-049 was adopted by Tracy City Council on the 4th day of May, 2021, by the following vote:
AYES: COUNCIL MEMBERS: ARRIOLA, BEDOLLA, DAVIS, VARGAS, YOUNG NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
a Y'
a'
MAYOR
a aL
TY CLERK
TRACY
COUNCIL MEETING
PROTOCOLS AND
RULES OF PROCEDURE
Adopted by Resolution No. 2019- 240
Revised by Resolution Nos. 2020- 112 & 2021- 049
City of Tracy — Council Meeting Protocols and Rules of Procedures Table of Contents
Section 1 — Purpose and Applicability ......................................................................... 3 Section 2 — Duties ( Roles and Responsibilities) ............................................................ 4 Section3 — Meeting Types ......................................................................................... 6 Section4 — Meeting Agendas .................................................................................... 8 Section 6 — Conduct of Meetings ....................................................................................... 10 Section 6 — Conduct of the Public .................................................................................... 15 Section 7 — Miscellaneous ................................................................................................. 17 Appendices........................................................................................................... 18 2 of 18
City of Tracy — Council Meeting Protocols and Rules of Procedures Section 1 — Purpose and Applicability
1. Purpose and Applicability
1. 1. The purpose of these Council Meeting Protocols and Rules of Procedures (" Protocols") are to provide clear guidelines to assist the City Council, staff and the public to conduct meetings in an efficient and transparent manner and in accordance with the Ralph M.
Brown Act (" Brown Act"; Government Code sections 54950- 54963) and all applicable laws.' These Protocols are adopted pursuant to Section 36813. In the event of a conflict between the Brown Act and these Protocols, the Brown Act shall control.
1.2. These Protocols shall apply to the City Council, the Successor Agency to the Community Development Agency, the Tracy Public Facilities Corporation, the Tracy Industrial Development Authority, and all City Boards, Commissions, and Committees.
1.3. Suspension of Protocols. Any rule set forth herein may be suspended by a supermajority vote of Council.
1.4. Review and Changes to Protocols. These Protocols shall be reviewed by December 31Stof every odd numbered year. A majority vote of the Council shall be necessary to amend these Protocols.
1.5. A copy of these Protocols shall be available for public review at the City Clerk's Office and City' s website ( www. cityoftracy. org).
1 All references to statutes are to the California Government Code unless otherwise specified. 3of18
City of Tracy — Council Meeting Protocols and Rules of Procedures Section 2 — Duties ( Roles and Responsibilities)
2. Roles and Responsibilities' at Council Meetings
2.1. Mayor. The Mayor is the Presiding Officer of all meetings of the Council. The Presiding Officer is the primary, but not the only, person responsible for ensuring that the Council, staff, and members of the public adhere to these Protocols during Council meetings.
Section 36802). The Chair of a City board or commission shall act as the Presiding Officer.
2.2. Mayor Pro Tem. The Mayor Pro Tem shall serve as the Presiding Officer in the absence of the Mayor. Upon arrival of the Mayor, the Mayor Pro Tem shall immediately relinquish the role of Presiding Officer at the conclusion of the business then before Council. ( Section 36802) The Vice Chair of a City board or commission shall act as the Presiding Officer in the absence of the Chair.
2.3. Council. All members of Council shall comply with the Council Code of Conduct at meetings. Newly elected Council members shall be sworn in and seated at the first regular Council meeting after receipt of the certified election results from the County Registrar of Voters.
2. 4. Sergeant - at - Arms. The Sergeant - at -arms is the law enforcement official charged with maintaining security during meetings of the Council. The Sergeant - at -arms of the Council shall be a police officer assigned by the Police Chief. There shall be at least one member so assigned and present at each meeting of the Council. The officer shall maintain order and enforce the orders of the Council and Presiding Officer.
2. 5. City Manager. Pursuant to the Council -Manager form of government established by Chapter 2.08 of the Tracy Municipal Code, the City Manager sets the Council agenda and once published, may withdraw an item( s). The City Manager may consult with the Mayor regarding the development of the agenda.
2.6. City Clerk. The City. Clerk shall attend all meetings of the Council unless excused. The Deputy City Clerk shall attend Council meetings in the City Clerk's absence. The City Clerk shall record, prepare, and maintain the official records of the Council and perform other duties as directed by the City Manager. ( Section 36804)
2.6. 1. Minutes. The City Clerk' s office shall be responsible for the preparation and distribution of the Council minutes. The minutes shall include a public report on any action taken and the vote or abstention on such action of each Council Member present for the action. Unless a reading of the minutes is requested by a Council Member, the minutes may be approved as a Consent Calendar item.
2. 6. 1. 1. No minutes or written record of closed sessions of the City Council shall be kept, except as required by state law or as directed by the majority vote of the City Council. The Council shall report at a public meeting any action taken in closed session, as required by Section 54957.1. 4of18
City of Tracy — Council Meeting Protocols and Rules of Procedures
2. 6. 1. 2. The City Clerk shall include a report on posting of the agenda in the minutes.
2.7. City Staff. City staff shall ( a) prepare balanced staff reports and provide accompanying documents on all agenda items in accordance with the agenda preparation schedule; b) be available for questions from Council in accordance with the Brown Act prior to and during meetings; and (c) respond to questions from the public during meetings only when requested to do so by the Council or the City Manager.
2.8. City Attorney. The City Attorney shall attend all meetings of the Council unless excused. The Assistant City Attorney shall attend Council meetings in the City Attorney's absence. The City Attorney shall give opinions upon request from Council, either in writing or verbally, on questions of law. The City Attorney shall advise the Council at meetings on legal issues, including these Protocols. 5of18
City of Tracy — Council Meeting Protocols and Rules of Procedures Section 3 — Meeting Types
3. Council Meeting Types
3. 1. Regular Meetings, Regular Council meetings are held on the first and third Tuesdays of the month at 7:00 p.m. at City Hall Council Chambers, 333 Civic Center Plaza, Tracy, California 95376, unless otherwise noticed and as allowed under Section 54954. No meeting shall be held on a holiday as defined by Section 6700. ( Section 36805)
3. 2. Special Meetings. The City Manager, Mayor, or a majority of the members of Council may call a special meeting. ( Section 54956). The City Attorney is also authorized to call a special meeting for the sole purpose of convening a closed session in accordance with the Brown Act. ( Section 36807)
3. 3. Workshops. The purpose of a workshop is to inform Council of complex issues and provide an opportunity for the Council to review documents and request additional information. However, no final Council action shall be taken during the workshop on workshop items. Workshops are open to the public and are meetings for the purpose of the Brown Act.
3. 4. Closed Sessions.
3. 4. 1. Closed sessions shall be held in accordance with the Brown Act. Non- agendized matters shall not be discussed in closed session. Closed sessions may precede or follow a Council meeting.
3.4. 2. All closed session information, verbal or written, is privileged and confidential and shall not be shared with any person not at the closed session. Any member sharing information in violation of this rule may be subject to censure by the Council or other legal remedies as set forth in Section 54963.
3. 4. 3. The public may speak regarding any closed session item prior to the closed session as required by the Brown Act.
3.4.4. The Presiding Officer shall report out in public session any reportable actions there taken by Council and the vote on such actions in accordance with the Brown Act.
3.5. Teleconferenced Meetings. The City Council may hold a meeting by teleconference, meaning a meeting of the Council in which members are in different locations and connected by electronic means, through either audio or video, or both. Any teleconference meeting of the Council must be comply with the requirements under Section 54953, including but not limited to the requirement that all votes taken shall be by roll call.
3. 6. Emergency Meetings. In the case of an emergency as defined by Section 54956.5, as may be amendedfrom time to time, a majority of Council may call a meeting and dispense 6of18
City of Tracy — Council Meeting Protocols and Rules of Procedures with the special meeting notice and posting requirements under the Brown Act. Any emergency meeting held shall comply with the applicable BrownAct provisions.
3.7. The City Clerk shall ensure that the applicable noticing and posting requirements under the Brown Act are followed for all meetings of the Council. 7of18
City of Tracy - Council Meeting Protocols and Rules of Procedures Section 4 - Meeting Agendas
4. Meetings Agendas
4.1. Purpose of Agenda. The Council meeting agenda documents serve four purposes:
To communicate and inform City Council, City staff, the public and the press about City business.
To comply with mandated state laws.
To facilitate the decision-making process by including sufficient background information so that the City Council can obtain a full understanding of the issues and staff' s analysis and recommendation prior to their consideration and action.
To serve as a historical reference that can be kept as a record of proceedings and actions as needed for future actions and/ or litigation.
As set forth above, the purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council programs, goals and budget. The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting.
4.2. Posting and Distribution of Agendas. At a minimum the posting and distribution of all agendas shall be done in accordance with the Brown Act. Agendas for regular meetings shall be posted not less than 72 hours prior to the meeting (Section 54954. 2( a)( 1)); special meeting agendas shall be posted not less than 24 hours prior to the meeting ( Section 54956).
4. 2. 1. All agendas shall be posted in the following locations: City Hall, the Tracy Library, the City's website, and other locations as may be required by the bylaws of a particular Board or Commission. Posting of agendas at City Hall shall be the official location for purposes of Brown Act compliance.
4. 2. 2. Agenda packets are provided electronically to City Council Members on the Thursday prior to a City Council meeting unless technical difficulties occur. If technical difficulties occur, the City Clerk will endeavor to provide Council with hard copies of the agenda as soon as reasonably possible. Distribution to the staff, public and media shall occur immediately after distribution to the City Council.
Members of the public may sign up to receive notification that a Council meeting agenda has been posted on the City' s website ( www. cityoftracy. org). The City Clerk will mail copies of the agenda or particular agenda items to any person submitting a request. ( Section 54954. 1) Said requests will be valid for one year. Copies of the agenda, and of individual agenda items, are available at costs established in the City' s Master Fee Schedule. Copies of the agenda are also available for inspection at the Tracy Library and City Clerk' s office. Agendas for Council meetings are posted on the City' s website ( www. cityoftracy. org). 8of18
City of Tracy — Council Meeting Protocols and Rules of Procedures
4. 3. Agenda Item Submission
4. 3. 1. Council Member Request for Agenda Items. Council Members wishing to have a matter discussed by the City Council may request that it be placed on a future City Council agenda during a Council meeting, under " Council Items and Comments." A time sensitive item may be requested by contacting the City Manager, or their designee, via telephone, email or in person. Upon the request of a Council Member, the item will be placed on a future City Council agenda as long as one other Council Member concurs with the request. In the interest of transparency and Brown Act compliance, Council shall limit discussions outside of Council meetings about requests to support agenda items to a maximum of two Council Members.
4. 3. 1. 1. In the event of a time sensitive request, the City Manager shall notify the rest of Council when two Council Members request an item to be placed on the agenda. The City Manager will determine when to place the item on a future agenda based on time necessary to complete the research and staff workload considerations.
4. 3. 2. Other Public Agencies. Agenda items such as presentations and proposals from other public entities must be sponsored for agenda placement by two Council members or the City Manager.
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City of Tracy — Council Meeting Protocols and Rules of Procedures Section 5 —Conduct of Meetings
5. Conduct of Meetings
5. 1. Order of Business. The suggested order of business of Council meetings shall be as follows. However, the Mayor may reorder the items unless a majority of Council members object.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Invocation
5. Presentations/ Proclamations and Awards
6. Consent Calendar
7. Items from the Audience/ Public Comment
8. Continued Public Hearings
9. Public Hearings
10. Regular Items
11. Items from the Audience/ Public Comment
12. Staff Items
13. Council Items and Comments
14. Adjournment
5.2. Call to Order. The Presiding Officer shall take the chair at the hour appointed for the meeting and shall immediately call the meeting to order.
5.3. Roll Call. A majority of the members of the Council then in office shall constitute a quorum. ( Section 36810)
5.4. Invocations. Any member of the public who wishes to offer an invocation prior to the opening of a regular Council meeting shall contact the City Clerk. The City Clerk shall select a mutually agreeable City Council meeting date for the invocation.
5. 5. Presentations/ Proclamations and Awards. This portion of the Agenda is dedicated for presentations, such as proclamations and awards, employee of the month recognitions, board and commission recognitions, and employee swearing -ins, and shall be limited to a 15 - minute maximum period.
5. 6. Consent Calendar. All items listed on the Consent Calendar are considered to be routine matters or consistent with previous City Council direction, such as resolutions confirming action from a previous meeting or the adoption of an ordinance previously introduced by Council. One motion, a second, and a roll call vote may enact the items listed on the Consent Calendar. No separate discussion of Consent Calendar items shall take place unless a member of the City Council, City staff or the public request discussion on a specific item.
5. 7. Items from the Audience/ Public Comment. It is the policy of the City Council that members of the public be allowed to address the Council on any item of interest to the 10 of 18
City of Tracy — Council Meeting Protocols and Rules of Procedures public, before or during its consideration of that item, that is within the Council's subject matter jurisdiction. ( Section 54954. 3( a)).
5. 7. 1. Agendas for regular meetings will have two opportunities for " Items from the Audience/ Public Comment." ( Section 54954. 3( a)). In the interest of allowing Council to have adequate time to address the agendized items of business, the first public comment opportunity will be limited to a 15 -minute maximum period.
Section 54954. 3( b)). The second opportunity will not have a maximum time limit.
A five- minute maximum time limit per speaker will apply to all individuals speaking duringthe "ItemsfromtheAudience/PublicComment" portionof the agenda. The City Clerk shall be the timekeeper. Speakers may not concede any part of their allotted time to another speaker.
5. 7. 1. 1. However, in the event there are 15 or more individuals wishing to speak regarding any agenda item including the "Items from the Audience/Public Comment" portion of the agenda and regular items, the maximum amount of time allowed per speaker will be three minutes
5. 7. 2. Each speaker shall avoid repetition of the remarks of the prior speakers, and when speaking under a specific agenda item, shall speak only to that agenda item.
To promote time efficiency and an orderly meeting, the Presiding Officer may request that a spokesperson be designated to represent similar views. A designated spokesperson shall have 10 minutes to speak.
5. 7. 3. Speaker Cards. To facilitate the orderly process of public comment and to assist the Council to conduct its business as efficiently as possible, members of the public wishing to address the Council are requested to, but not required to, hand a speaker card, which includes the speaker' s name or other identifying designation and address, to the City Clerk prior to the agenda item being called. Generally, once the City Council begins its consideration of an item, no more speaker cards will be accepted. An individual' s failure to present a speaker card or state their name shall not preclude the individual from addressing the Council. ( Section 54953. 3)
5. 8. Public Hearings. Public hearings are required for a variety of City Council actions such as changes to the Tracy Municipal Code, zoning revisions, some annexations, street vacations, weed abatement, liens, fee increases, etc. Whenever the law provides that publication of a notice shall be made, such notice shall be published in a newspaper of general circulation for the period prescribed, the number of times, and in the manner required. Each speaker will be allowed a maximum of five minutes for public input or testimony. However, in the event there are 15 or more individuals wishing to speak regarding a public hearing item, the maximum amount of time allowed per speaker will be three minutes. The City Clerk shall be the timekeeper.
5. 8. 1. Public Hearings for Land Use and Other Matters. The Presiding Officer may designate individuals as the " Proponent/ Appellant" or " Opponent" and provide each with additional time for comments and the opportunity to present a rebuttal. 11 of 18
City of Tracy — Council Meeting Protocols and Rules of Procedures
5.9. RegularItems. This portionof theAgendaisfor non-publichearingagendaitemsthat require Council action or direction such as status or informational reports from staff and Council requests for agenda items.
5. 10. Staff Items. This portion of the agenda provides an opportunity for the City Manager, City Attorney, and City staff to provide information of community interest to the City Council.
5. 11. Council Items and Comments. This portion of the agenda is for each member of the City Council to provide brief reports on any intergovernmental agency meetings, conferences, community meetings, meetings of other legislative bodies, or other events of interest to the community that they attended, as well as meetings attended at the City's expense. This portion of the agenda is also for the City Council to provide guidance and direction to staff concerning items to be included on future agendas and information to be provided in response to questions raised during "Items from the Audience/ Public Comment." Under this portion of the agenda, two Council members may request staff to provide information, perform studies, or undertake other action. If the requested action is routine in nature, the City Manager will direct staff to proceed.
However, if the requestcannotbe accomplishedwithinthe approvedbudgetorCity Council priorities, or if it will involve substantial staff resources, the City Manager will report to the City Council at a subsequent City Council meeting and request further direction. At that time, the consensus of a majority of the City Council will be required to proceed.
5. 11. 1. Agendas for regular and special meetings of the Council shall include a "Council Items and Comments" section. ( Resolution No. 2021- 049)
5. 12. Adjournment. If a Council meeting is still in session at 11:00 p.m., the Presiding Officershallaskthe questionof whetherCouncildesiresto consideranynewitems after 11: 00 p. m. Council shall determine, by motion, which specific items will be considered or continued. City Manager shall inform Council of any time sensitive items.
Any item continued due to the lateness of the hour shall automatically be placed on the agenda for the next regularly scheduled City Council meeting unless otherwise scheduled by motion action of the Council.
5. 13. Non-Agendized Items. The Brown Act prohibits Council from discussing or acting upon any non- agendized matter, unless an exception under Section 54954. 2 applies. For non-agendized items, Council members may briefly respond to statements made or questions posed by individuals during public comment; ask questions for clarification; direct the individual to the appropriate staff person; or request that the matter be placed on a future agenda or that staff provide additional information to Council. However, items may be added to the agenda (such as emergency matters) as permitted in the Brown Act. Brief announcements, brief responses, or questions seeking clarifications, may be made to statements or questions raised on items not on the agenda ( Section 54954. 2( a)( 3)). Action on any item not on the agenda shall be deferred until the item is properly listed on the agenda for a subsequent Council meeting unless added due to an immediate need if permitted under state law. 12 of 18
City of Tracy — Council Meeting Protocols and Rules of Procedures
5. 14. Voting Requirements. All ordinances, resolutions, and orders for payment of money require a majority vote of the total membership of the Council in accordance with Section 36939, unless otherwise required by state law.
5.14. 1. It is a best practice that all Council members vote on every item of business unless prevented from doing so by virtue of an actual or potential conflict of law or other valid abstention under applicable laws. Council Members are encouraged to disclose the reason for that abstention prior to Council engaging in discussion on that item.
5. 15. Parliamentary Procedures. Council meetings shall be conducted in accordance with the Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21St Century unless otherwise specified herein. ( Appendix A - Rosenberg' s Rules of Order, Revised 2011, as may be amended). City Boards and Commissions may use Rosenberg's Rules of Order or any other informal meeting protocols or parliamentary procedures to conduct their meetings. ( Resolution No. 2021- 049)
5. 15. 1. Time Limit for Council Discussion and Debate. Each Council Member shall have a maximum of five minutes to speak during Council discussion and debate of a motion. ( Resolution No. 2021- 049)
5.15.2. Point of Order. Any Council member may ask for a point of order, at which time the Presiding Officer will ask for an explanation. Points of order relate to matters that a Council member considers inappropriate conduct for the meeting, such as the failure to adhere to these Protocols. The Presiding Officer shall rule on matter.
Any member can move to appeal the Presiding Officer's ruling, with a second from another Council member. Following debate, the ruling of the Presiding Officer may be reversed by a majority vote.
5. 16. Written Communications from the City and the Public. The City Clerk shall manage communications to members regarding meeting topics to ensure compliance with the Brown Act.
5. 16. 1. Except for records exempt from disclosure under the California Public Records Act and otherwise by law, agendas or any other writings distributed to all or a majority of the members of a legislative body for discussion or consideration at a public meeting are disclosable to the public, and shall be made available upon request without delay.
5.16.2. Materials distributed to the members during the meeting shall be available for viewing by the public during the meeting if the materials were prepared by the City or a Council member, or posted on the City' s website within 48 hours the conclusion of the meeting if prepared by another person.
5. 17. Written Materials after the Council Agenda has been Distributed. On occasion, Council may receive written materials either after the Agenda has been posted or at a Council meeting. These written materials are typically related to an agendized item or 13 of 18
City of Tracy — Council Meeting Protocols and Rules of Procedures handed out during " Items from the Audience/ Public Comment." Upon the Council receiving these written materials they become a public record. For materials related to an agendizeditem, a copywill bekeptonfile at the CityClerk's Officeandwilltypically be posted on the City' s website under " Materials Distributed at Council Meetings" 48 hours after the Council meeting.
5. 17. 1. Any materials about an agendized item that are received less than 72 hours before a Council meeting that are distributed to a majority of Council will be made available at the Council meeting for the public to review.
5.17.2. Interested parties or their authorized representatives may address the Council by written communications regarding agenda items.
5. 17. 2. 1. Documents ( 6 copies are recommended) that members of the public submit to the City Council at the meeting shall be given directly to the City Clerk for distribution and shall not be given directly to the Council. The documents will be available to the public on the City's website within 48 hours of the conclusion of the meeting.
5. 18. Compliance with the Americans with Disabilities Act ( ADA). The City of Tracy is in compliance with the Americans with Disabilities Act and will make all reasonable accommodations for the disabled. To allow for such reasonable accommodations, persons requiring assistance or auxiliary aids to participate at a City meeting, should contact the City Clerk's Office at (209) 831-6105 at least 24 hours prior to the meeting. 14 of 18
City of Tracy — Council Meeting Protocols and Rules of Procedures Section 6 — Conduct of the Public
6. Conduct of the Public
6. 1. Purpose of Public Comment. The City, in accordance with the Brown Act, provides the public the opportunity to address the Council body as a whole and express their opinions regarding agendized items and non- agendized matters within the subject matter jurisdiction of the City Council. ( Section 54954. 3) Items are generally considered to be within the Council' s subject matter jurisdiction if they are within the City Council' s scope of influence.
6. 1. 1. Nothing in these Protocols shall be construed as prohibiting public criticism of the City' s policies, procedures, programs or services, or the acts or omissions of the Council. However, these Protocols are not intended to confer any privilege or protection for expression beyond that otherwise provided by law. ( Section 54954. 3( c)).
6. 1. 2. Public comments should not be addressed to individual Council members nor City staff, but rather to the Council as a whole.
6. 1. 3. While members of the public may speak their opinions on City business, personal attacks on members and City officials, use of swear words, and verbal or non- verbal signs or displays of disrespect for individuals are discouraged as they impede good communication with the Council.
6. 1. 4. Consistent with the Brown Act, the Council is limited in its ability to respond to public comments regarding non- agendized matters. The limited circumstances under which members may respond to public comments are set out in Rule 5. 13.
6.2. In the interest of conducting an efficient meeting, the Presiding Officer may stop a member of the public whose comments are not confined to the agendized item being heard. In addition, during the " Items from the Audience/ Public Comment" portion of the agenda, the Presiding Officer may stop a member of the public whose comments are not within the subject matter jurisdiction of the City.
6. 3. Rules of Decorum. While the Council is in session, no person in the audience at a Council meeting shall engage in conduct that disrupts the orderly conduct of a Council meeting, including, but not limited to, the utterance of loud, threatening or abusive language, refusing to abide speaker time limits and leave the podium when directed; whistling, clapping, stamping of feet, yelling or shouting or interrupting a speaker who is addressing the Council; repeated waiving of arms; or other disruptive acts.
6.4. Any person who disrupts the orderly course of the meeting may be issued a criminal citation pursuant to Penal Code section 403 and/ or called out of order by the Presiding Officer and barred from further participation during that session of the Council in accordance with the Brown Act.
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City of Tracy — Council Meeting Protocols and Rules of Procedures
6. 4. 1. All persons attending a Council meeting shall obey any lawful order or direction of the Presiding Officer or Sergeant - at -Arms.
6. 4. 2. The Sergeant -at -arms shall assist the Presiding Officer in enforcing these rules of decorum at Council meetings, including but not limited, removing disruptive audience members. Additionally, any Council member may at any time call for a point of order, to request the timely enforcement of these rules of decorum.
6.5. Location of Speaker. Members of the public wishing to address the Council must approach the podium when recognized by the Presiding Officer and shall speak only from the podium.
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City of Tracy — Council Meeting Protocols and Rules of Procedures Section 7 — Miscellaneous
7. Miscellaneous
7. 1. Conflicts of Interests. It is the responsibility of every Council member to disclose conflicts of interest in accordance with state and local conflict of interest laws.
7.2. Proclamations. The Mayor issues proclamations to provide special recognition by the City to an individual, event, issue etc. Proclamations are not statements of policy and do not require the official approval or action of Council.
7. 3. Broadcasting of Council Meetings. Generally Council meetings are broadcast live on Channel 26 and the City' s website ( www. cityoftracy. org), unless technical difficulties make that infeasible. Reruns of the preceding Council meeting are shown every Wednesday at 8: 00 p. m., every Thursday at 10: 00 a. m., and every Saturday at 9:00 a. m. on Channel 26.
7. 3. 1. Recordings of Council meetings shall be accessible on the City' s website www. cityoftracy. org) by the end of the following business day. DVD recordings of Council meetings are available at costs established in the City' s Master Fee Schedule.
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City of Tracy — Council Meeting Protocols and Rules of Procedures A. Rosenberg's Rules of Order, revised 2011, Simple Rules of Parliamentary Procedure for the 21St
Century. Judge Dave Rosenberg
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Council Workshop
Brown Act, Rosenberg’s Rules,
Council Rules of Conduct,
Meeting Protocols and Rules of Procedure
February 28, 2023
ATTACHMENT 3
Agenda
• Order of Priorities –Discussed at Council Retreat
• Definition of “Legislative Bodies”/Roles - Discussed at Council Retreat
• Committee Appointments - Discussed at Council Retreat • Definition of “Meetings” - Discussed at Council Retreat • Agenda Setting/Publication –Partially Discussed at
Council Retreat
• Parliamentary Procedures
• “Disruptions” at Meetings
• Recommendations/Next Steps
ORDER OF PRIORITIES
• US Constitution/Federal Statutes with Preemptive Powers • State Constitution/State Statutes applicable to General Law Cities (e.g. Brown Act)
• Tracy Municipal Code
• Rosenberg’s Rules of Parliamentary Procedures
• Code of Conduct and Meeting Protocols and Procedures
4 Brown Act Rosenberg’s
Rules Code of Conduct Meeting Protocols
1. Definition of “Legislative Bodies”/Roles
• GC 54952 and AG Opinion
• Commission,
committee, board,
or other body of
local agency,
whether permanent
or temporary,
decision-making or
advisory
• Exception: Advisory
committees
composed solely of
members of
legislative body (Ad
Hoc)
• Standing Committee:
has continued
subject matter
jurisdiction, or fixed
meeting time
N/A • Section 5.1
• The Council has
the inherent
power to create
advisory bodies
• Council advisory
bodies provide
policy recos to
Council (do not
set policy or give
direction to
staff)
• No additional
powers or
authorities for
Council standing
committees
• Code and
Protocols apply
to advisory
bodies
• Section 2
• Mayor is Presiding
Officer at all Council
meetings and is the
“primary, but not the
only, person responsible
for ensuring Council,
staff members of the
public adhere to
Protocols”
• City Attorney shall
advise “the Council at
meetings on legal
issues, including these
Protocols”
• Clerk is expressly
timekeeper only for
public speaker time
limits
5 Brown Act Rosenberg’s
Rules Code of Conduct Meeting
Protocols
2. Committee Appointments
N/A N/A • Section 5.1/Reso's
• Appointments to advisory bodies are
made by majority vote of Council
• Appointee can be removed at any
time by Council vote, except for
Planning Commissioners
• Section 2.2.5 and 2.4
• Council may create/dissolve Council
committees by majority vote
• Council “appoints and removes
Council Members to third member
agencies”
• Mayor appoints with approval of the
City Council
N/A
6 Brown Act Rosenberg’s
Rules
Code of
Conduct Meeting Protocols
3. Definition of “Meeting”
• GC 54952.2
• Any congregation of a
majority of members to
hear, discuss, deliberate
or take action on SMJ
• Cannot use a series of
communication, directly
or through intermediary
• Exception: staff can meet
to answer questions or
provide answers if person
does not communicate
the comments or position
of other members
• Cannot “discuss among
themselves”
communications made,
posted or shared on
social media
N/A N/A • Section 3
• Identifies types of meetings
• City Manager, Mayor or
majority of Council is
authorized to call a special
meeting
• City Attorney is authorized
to call a closed session
7 Brown Act Rosenberg’s Rules Code of Conduct Meeting Protocols
4. Agenda Setting/Publication
• GC 54954(a),
54956(a)
• 72 Hour publication
requirement for
regular meetings
• 24 Hour publication
requirement for
special meetings
N/A • Section 2.2.9
• Mayor coordinates with
the City Manager in the
development of the
agendas for meetings of
the City Council.
• Once the agenda is
published, the City
Manager may withdraw
an item.
• Additionally, the Mayor
may rearrange the other
of business on the
agenda.
• Section 5.1
• Specifies order
of the Agenda,
with 14
categories
• Mayor may
reorder the
items, unless a
majority of the
Council objects
8 Brown Act Rosenberg’s
Rules Code of Conduct Meeting Protocols
4. Agenda Setting/Publication
• GCXXX
• 72 Hour
publication
requirement for
regular
meetings
• 24 Hour
publication
requirement for
special
meetings
• N/A • Section 2.3.2
• Under Council protocols
and procedures, an item
may be placed on the
agenda if requested by
two Council members.
• The request can be
made during open
session or outside of a
Council meeting.
• Section 4.3
• Councilmembers
request item be placed
on future agenda
under “Council Items
and Comments”
• “Time sensitive
request” can be made
directly to City
Manager by two
Councilmembers
• In that case, City
Manager determines to
place on agenda based
on workload
• Section 5.11
• Councilmembers may
“provide guidance and
direction to staff” re
items for future
agendas
9 Brown Act Rosenberg’s Rules Code of
Conduct Meeting Protocols
5. Parliamentary Procedures
Based on local
rules
• Point of Order – can
interrupt a speaker but not
during a roll call vote on a
motion
• Point of Information is to
request information
• Motion to limit debate (chair
can treat as a request and
inquire of other members if
they want to discuss) - 2/3
vote
• Motion to close nominations
– 2/3 vote
• Motion to adjourn or table
an item to next meeting –
majority vote
N/A • Section 5.7, 5.15
• Requires Rosenberg’s Rules
to be used for Council
meetings as parliamentary
procedure
• Other City Committees may
use any parliamentary
procedure (inconsistent
with Code Section 5.1)
• Speakers have 1-minutes in
aggregate in first slot and 5
minutes in second slot
• Councilmembers have 5-
minute max to speak and
debate clarifying
questions?)
• “Point of Order” may be
called
10 Brown Act Rosenberg’s
Rules
Code of
Conduct Meeting Protocols
6. “Disruptions” at Meetings
• GC 54957.9 and .95, SB1100
• If meeting is “willfully”
interrupted to make orderly
conduct of meeting
unfeasible and order cannot
be restored by removing
individuals, body can order
entire room to be cleared
and continue in session
• Chair of meeting can cause
removal of individual after
warning
• “Disrupting” means
engaging in behavior that
“actually disrupts, disturbs,
impedes, or renders
infeasible the orderly
conduct of meeting”
N/A N/A • Section 6.3
• No person shall engage in
conduct that “disrupts the
orderly conduct of a Council
meeting”, including, but not
limited to, the utterance of
loud, threatening or
abusive language, refusing
to leave podium, whistling,
clapping, stamping of feet,
yelling or shouting or
interrupting speaker who is
addressing Council,
repeated waiving of arms
Recommendations/Next Steps
• Council Recommendations
• City Manager/City Attorney Recommendations
• Next Steps