HomeMy Public PortalAboutRESO 2023-037 1 RESOLUTION NO. 2023-037
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION AMENDING AND ADOPTING CITY COUNCIL
MEETING RULES OF PROCEDURE
The City Council has adopted rules of procedure for the orderly, consistent , and fair
conduct of its meetings consistent with applicable law. These rules reflect the Council’s
accepted practices and balance the Council’s policies inviting public comment with the
need to manage its meetings effectively. The purpose for the se rules is to promote public
confidence in the City of Livermore’s governance by establishing consistent expectations
for the conduct of the people’s business and the opportunities for public observation and
participation. The City Council has also adopted procedures for teleconferenced meetings
and for recording City Council meetings.
The City Council last revised its rules of procedure on November 14, 2022
(Resolution No. 2022-184).
At a special workshop on February 2, 2023, staff presented the City Council with
recommended adjustments to the City Council’s meeting rules of procedure. The changes
included proofreading revisions, changing “Mayor” to “presiding officer” as instructed by
the City Council, incorporating the new provisions in SB 1100, and clarifying the tabulation
of votes for Council member abstentions and silence during a vote. The attached rules
incorporate the City Council’s comments at the workshop and additional proofreading edits
recommended by staff for clarity.
The City Council desires to amend its City Council Meeting Rules of Procedure
consistent with the workshop and the recommendations from staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Livermore, that it hereby adopts the City Council Meeting Rules of Procedure, attached
hereto as Exhibit A, which supersede and replace the rules adopted by Resolution No.
2022-184.
BE IT FURTHER RESOLVED that the Procedures for Teleconferenced Meetings
and the Preferred Method of Recording City Council Meetings attached as Exhibits B and
C to Resolution No. 2021-138 remain in full force and effect.
On motion of Council Member Branning, seconded by Council Member Carling the
foregoing resolution was passed and adopted on March 13, 2023, by the following vote:
AYES: Council Members Barrientos, Branning, Carling, Vice Mayor Kiick, and
Mayor Marchand
NOES: None
ABSENT: None
ABSTAIN: None
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2 RESOLUTION NO. 2023-037
ATTEST: APPROVED AS TO FORM:
_____________________________
Marie W eber Jason R. Alcala
City Clerk City Attorney
Exhibit A - City Council Meeting Rules of Procedure, revised 02-27-2023
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CITY COUNCIL MEETING
RULES OF PROCEDURE
1.Authority
These rules of procedure are established for the effective and fair conduct of City Council
meetings and to help promote public confidence in the integrity of local government. By
adopting these rules, the City Council intends to balance a policy of full and free public
action and debate with a need to manage its meetings effectively. [368131].
The rules also include expectations for the appointments to the City’s advisory bodies
and their conduct consistent with these rules, and the Mayor’s assignment of the Council
Member’s offices and seats on the dais.
2.Purpose
The purpose of these rules is to document the City Council’s accepted practices and to
clarify expectations by establishing guidelines for the orderly, consistent, and fair conduct
of the City Council’s business.
These rules of procedure are intended to help implement, but do not limit or supersede,
the state and local laws that govern the requirements and responsibilities for the City
Council’s meetings. Those laws include, but are not limited to, the California Constitution,
the Brown Act, the Political Reform Act, the Livermore Municipal Code, and the Livermore
Development Code.
These rules of procedure are not intended to limit the inherent power or the general legal
authority of the City Council, and failure to follow these rules will not invalidate a City
Council action. [City of Pasadena v. Paine, (1954) 126 Cal.App.2d 93].
3.Rules of Parliamentary Procedure
The City Council has adopted Rosenberg’s Rules of Order, Revised 2011, as its rules of
parliamentary procedure. In the event of a conflict between Rosenberg’s Rules of Order
and these rules of procedure, these rules of procedure shall control.
4.Applicability
These rules of procedure apply to the preparation, posting, and distribution of the
agendas for City Council meetings. They also relate to the orderly discussion of items
and the City Council’s voting procedures to take formal action or provide direction to staff.
Lastly, they relate to respective powers for the Mayor and Council Members.
1 All citations are to the California Government Code unless otherwise noted.
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5. Presiding Officer
The Mayor is the presiding officer for each meeting of the City Council that the Mayor
attends. In the Mayor’s absence, the Vice Mayor shall be the presiding officer for the
meeting when the Vice Mayor is present. In the absence of both the Mayor and the Vice
Mayor, the Council Members present at the meeting shall select a presiding officer.
[36802].
6. Mayoral Duties and Responsibilities
The Mayor is directly elected at-large for a two-year term in November of each even-
numbered year. The Mayor is a member of the City Council and has all the powers of a
Council Member, except when exercising his or her unique mayoral duties. The Mayor
enjoys, and shall not be deprived of, any rights and privileges as a Council Member.
Additionally, the Mayor shall have all the powers and duties of an elective Mayor as
provided by statute. [34903, 36803; LMC 2.04.020; 81 Ops.Cal.Atty.Gen. 75 (1998)].
6.1 Appointment of Vice Mayor and Vice Mayor Duties and Responsibilities
The City Council has the statutory power to appoint a Council Member as mayor pro
tempore, which is the position titled Vice Mayor in Livermore. [34905, 36801].
The Vice Mayor shall be selected for a one-year term and shall be selected at the meeting
certifying the election results in each even-numbered year and in December of each odd-
numbered year. The Vice Mayor shall have all the powers and duties of a mayor pro
tempore as provided by statute. The Council Member selected as Vice Mayor typically
rotates among the Council Members.
If the Mayor is absent or unable to act, the Vice Mayor shall then serve for the Mayor, and
shall have all of the powers and duties of the Mayor until such time as the Mayor returns
or is again able to act. [34905, 36801].
6.2 Reserved
6.3 Seats on the Dais
The Mayor shall sit at the center of the dais for all City Council meetings. If the Mayor is
absent, the presiding officer shall sit at the center of the dais.
In December of each year, the Mayor shall assign the seats for the Vice Mayor and the
Council Members on the dais. The Mayor should ask Council Members if they have any
special needs that should be accommodated before making the assignments.
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6.4 Council Member Rooms
The Mayor shall have use of office 216 at City Hall, or such other designation as that
office may be given.
In December of each even-numbered year, the Mayor shall assign the use of rooms 218,
219, 220, and 222, or such other designation as those rooms may be given, to the Vice
Mayor and the Council Members. Once assigned for use, each Council Member has the
right to stay in a room they are occupying. The Mayor and each Council Member shall
vacate their assigned rooms within two weeks of the date their respective terms of office
expire.
7. Presiding Officer to Conduct Meetings
The presiding officer is responsible for conducting City Council meetings as follows:
7.1 Call to Order
The presiding officer shall call the meeting to order at the appointed time. If both the
Mayor and the Vice Mayor are absent, then the City Clerk shall call the meeting to order
and the Council Members present shall then select a presiding officer for that meeting
who shall have the duties and responsibilities in this section for conducting the meeting.
7.2 Preservation of Order
The presiding officer shall preserve strict order and decorum, and shall discourage
personal, verbal attacks on Council Members, staff, and/or the public, but shall not
prohibit criticisms of the policies, procedures, programs, or services of the City, or of the
acts or omissions of the City Council or members of the City staff. The presiding officer
shall confine debate to the item under discussion. [36813, 38638, 54954.3, 54957.9].
7.3 Questions of Parliamentary Procedure
The presiding officer shall determine all questions of parliamentary procedure in
consultation with the City Attorney and City Manager.
7.4 Reordering of Agenda
The presiding officer may reorder the items on the agenda for a noticed meeting to
accommodate members of the public who wish to speak on an agenda item that would
otherwise be considered by the City Council later in the meeting. The presiding officer
shall announce the reorder prior to calling members of the public to speak during open
forum.
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7.5 Motion to Be Stated
The presiding officer shall state all motions submitted for a vote by the City Council and
announce the result of the vote and identify the no votes and any Council Members that
abstained or recused themselves from the vote. A roll call vote shall be taken for all
teleconferenced and hybrid meetings, and taken upon the request of any Council
Member. No action shall be taken by secret ballot, but electronic tabulation may be used
to record and report roll call votes. [54953(b)(2) and (c)(2)].
8. General Rules – City Council Meetings
The City Council endorses, and agrees to comply with, the Brown Act. In the event of a
conflict between the Brown Act and these rules of procedure, the Brown Act shall control.
[54950 et seq., 54953].
City Council meetings shall be open to the public, but the public shall be excluded from
closed sessions as authorized by state law. [54953(a), 54957].
City Council meetings, except for closed sessions, shall be open to the media. The media
shall be excluded from closed sessions as authorized by state law. [54953, 54953.5,
54957, 54957.9].
City Council meetings may be recorded by the public and the media, provided such
recordings do not interfere with orderly conduct of the meetings and do not constitute a
persistent disruption of the proceedings.
8.1 City Council Meeting Schedule
Each July, the City Council shall approve and thereafter follow an annual calendar for its
regular meetings in the upcoming year. The annual calendar shall also identify dates for
anticipated special meeting workshops. [36805]. When scheduling meeting dates, care
should be taken to avoid conflicts with national holidays or dates that would preclude
participation by members of the public due to religious or other observances.
8.2 Quorum
The presence of three Council Members shall constitute a quorum of the City Council
necessary to transact business at a meeting. In the event a quorum is not in attendance,
those attending the meeting will be named in the minutes, and they shall adjourn the
meeting to a set date, time, and location. If all Council Members are absent, the City Clerk
shall adjourn the meeting to a set date, time, and location. [36810, 36811].
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8.3 Absences
8.3.1 Absence and Compelling Attendance
Council Members who are unable to attend a City Council meeting must request
that the Mayor recognize the absence as excused. The purpose of an excused
absence is not to relieve Council Members of their responsibility to be present, but
is intended to provide the Mayor with an opportunity to ensure an absence is
reasonable and to impress upon the Council Member, where necessary, the
importance of regular attendance. The minutes shall note whether a Council
Member’s absence is excused. If a Council Member is repeatedly absent, the City
Council may adjourn from day-to-day to compel the absent Council Member’s
attendance under the penalties prescribed by State law. [36513, 36810, 36813].
8.3.2 Absentee Participation
If a Council Member wants to participate remotely in a meeting, the appropriate
way to participate is through a teleconferenced or hybrid meeting as provided for
in section 8.4.6 Teleconferenced and Hybrid Meetings. Absent Council Members
are discouraged from communicating their opinions on agenda items to staff or
other Council Members to present at the Council Meeting on behalf of the absent
Council Member.
8.4 Types of Meetings
8.4.1 Regular Meetings
The City Council shall meet in the City Council Chambers in the Civic Center
Meeting Hall for all regular City Council meetings. The regular meetings shall begin
at 7:00 p.m. on the second and fourth Monday of each month, unless otherwise
specified by posted notice. If the meeting date falls on a legal holiday, the City
Council shall meet at a date and time designated by the City Council. Regular
meetings with closed session items may begin between 5:00 p.m. and 7:00 p.m.
depending upon the number and complexity of the matters to be discussed.
[36805, 54954; LMC 2.06.030].
8.4.2 Special Meetings
Special meetings may be called by the Mayor, the City Manager, the City Attorney,
or by a majority of Council Members consistent with applicable laws. The call and
notice for a special meeting must specify the items to be considered and the date,
time, and location for the meeting. [36807, 54956(a)].
The City Council may take final action at a special meeting that is not a workshop.
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8.4.3 Special Meeting Workshops
The City Council may meet in special meetings designated as workshops that are
called by the Mayor, the City Manager, or by a majority of Council Members.
Workshops are special meetings intended for training purposes such as ethics
training, sexual harassment prevention and education, and specific technical
subjects such as land use. Special meeting workshops are also intended for the
City Council to work with staff to develop administrative items such as the budget
and City Council goals and priorities, for the City Council to receive public input on
matters of community wide concern, and for similar activities.
Workshops are open to the public and are meetings for purposes of the Brown Act.
The City Council may provide direction, but unlike other special meetings the City
Council may not take a final action at a workshop. [54956].
8.4.4 Closed Session Meetings
Closed sessions may only be held as authorized by state law and shall be held in
accordance with the provisions of the Brown Act. The closed sessions may
precede or follow a regular meeting or be called as a special meeting. In addition
to the provisions in Section 8.4.2 Special Meetings, the City Attorney or City
Manager may call and notice closed session meetings as special meetings.
[54954.5, 54956.5, 54956.7-54957.1, 54962].
After meeting in closed session, the City Council shall reconvene in open session
and make a public report, either orally or in writing, of any reportable action taken
in the closed session and the related vote tabulation. [54957.1, 54957.7].
Closed session matters should be managed within the expected time limits for all
items. Lengthy closed session matters should be scheduled at the end of a Council
Meeting or as a separate special meeting. If a closed session is scheduled before
the start of a regular Council meeting, it should conclude no later than 10 minutes
before the start time for the regular Council meeting. When necessary, the closed
session can be continued to the end of the agenda for the regular Council meeting,
but that should be avoided when possible.
8.4.5 Concurrent Meetings
Since the Council Members are also the members of the Livermore Successor
Agency, the City Council may concurrently convene the meetings of the City and
the Livermore Successor Agency as well as any other legislative body that includes
all Council Members. [54952.3].
Joint meetings of the City Council and any other legislative body or bodies shall be
noticed as a meeting for each body.
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8.4.6 Teleconferenced and Hybrid Meetings
The City Council may meet from different locations connected by electronic means
consistent with the provisions of the Brown Act effective at the time of the
scheduled meeting. The City Council may adopt, by resolution, specific procedures
for teleconferenced and hybrid meetings consistent with state law. Those
procedures should encourage staff and the City Council to monitor connectivity
and to rapidly address the technical issues for orderly management of the meeting
consistent with the applicable statutory requirements. [54953].
8.4.7 Adjourned Meetings, and Adjourned Regular Meetings
Any meeting of the City Council may be adjourned to a later date, time, and
location, and the notice of adjournment shall be posted within 24 hours on or near
the door of the place where the adjourned meeting was held. However, if the
adjourned meeting is to reconvene less than 24 hours after adjournment, then a
copy of the order or notice of the continuance shall be posted immediately following
the meeting. [36809, 54955].
The Mayor, presiding officer, City Manager, or majority of Council Members may
call for an adjourned regular meeting in consultation with the City Attorney to
conduct a regular meeting on a date other than on a regular meeting date on the
City Council’s annual calendar. [54955]
8.4.8 Emergency Meetings
If at least three Council Members determine that a catastrophic event has caused
an emergency situation to exist as defined by law, then the City Council may
immediately hold an emergency meeting. [54956 and 54956.5].
8.4.9 City Council Committees
The City Council, may create standing and ad hoc City Council subcommittees,
which creation shall occur at a duly noticed Council Meeting.
Care should be taken to not overburden staff, and therefore, City Council
subcommittees should only be created in consultation with the City Manager and
the City Attorney. City Council subcommittees should be created judiciously. Staff
support shall only be provided to those City Council committees duly created as
set forth in these rules.
Ad hoc City Council subcommittees are intended to be useful and efficient vehicles
for less than a quorum of Council Members, with appropriate support staff, to
explore and develop items for placement on a duly noticed City Council meeting
agenda for the City Council to discuss and then provide direction or take action.
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City Council standing subcommittees comprised of less than a quorum of the City
Council and that have continuing subject matter jurisdiction or a fixed meeting
schedule established by the City Council, shall comply with the Brown Act and
follow these rules of procedure. [54952(b)].
Ad hoc City Council subcommittee’s comprised solely of less than a quorum of the
City Council and that are limited to both a defined task and a duration that is less
than one year, are not subject to the Brown Act and are not required to follow these
rules of procedure. [54952(b); Frazer v. Dixon Unified School District, (1993) 18
Cal.App.4th 781].
Any City Council subcommittees comprised of less than a quorum of the City
Council and have other persons as members, shall comply with the Brown Act and
follow these rules of procedure. [54952(b); Joiner v. City of Sebastopol, (1981) 125
Cal.App.3d 799].
The City Manager shall keep a record of all standing and ad hoc City Council
subcommittees that reflects the committee’s creation date, composition, task,
duration, and sunset date. The City Manager shall advise the City Council at a
duly noticed Council Meeting of any ad hoc subcommittee that has not sunset
within one year of its creation so that the City Council can consider whether to
terminate the ad hoc subcommittee or reconstitute it as a standing committee.
8.5 Notice and Agenda Posting
The City Clerk shall post the notices and agendas for each City Council meeting in the
kiosk in front of City Hall, on the City’s website, and at the location where the meeting will
be held. Any requirement to post notices and agendas at a remote teleconferenced
meeting location outside the City’s jurisdiction shall be the responsibility of the Council
Member attending the meeting from that location. [54954.2].
8.5.1 Regular Meetings
It is the City Council’s goal that the agendas for regular meetings should be posted
at least 6 days before the meeting dates, but in no event shall the agenda for a
regular meeting be posted less than 72 hours before the meeting date. [54954.2].
8.5.2 Special Meetings and Workshops
Notice of the call for a special meeting must be delivered and received by each
Council Member and the media at least 24 hours before the special meeting, and
must be posted at least 24 hours before the special meeting date. To the extent
possible, it is the City Council’s goal that the notice and agendas for special
meeting workshops should be posted at least 6 days before the meeting dates,
and in no event shall the notice and agenda for a workshop be posted less than
24 hours before the meeting date. [54956].
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8.6 Actions Limited to Posted Agendas
The City Council shall not discuss or take action on any item not appearing on the posted
notice or agenda for a duly noticed Council meeting. However, as permitted by the Brown
Act, Council Members and staff may briefly respond to statements made or questions
posed by the City Council or by members of the public addressing the City Council. City
Council members should refrain from rejoinders to perceived derogatory or repugnant
public comments during council meetings. Council Members may ask a question of City
staff or a speaker for clarification, make a brief announcement, or make a brief report on
their own activities.
Upon determination by three Council Members that an emergency situation exists as
required by law, or upon a determination by four Council Members (or all members
present if less than four are in attendance) that there is a need for immediate action that
came to the City’s attention after the meeting agenda was posted, the agenda may be
amended as provided by law to add an item for consideration and action. [54954.2, 54956,
54956.5].
8.7 Continuance of Agenda Items
Items listed on a posted agenda should not be continued or postponed absent good
cause.
8.7.1 Discovery of Good Cause Before an Item is Considered
If good cause to continue an item is discovered by City staff after a notice or
agenda is posted but before the meeting commences, then after calling the
meeting to order the presiding officer shall identify the item and announce that is
has been continued.
8.7.2 Good Cause to Continue During Consideration
Once an item has been taken up for consideration, City staff, a Council Member,
or a participating party as defined in Section 10.5.3 Participating Parties may
request a continuance of the item. The item may only be continued following a
majority vote of the Council Members present.
8.7.3 Public Comment for a Continued Item
If the opportunity for the public to address the City Council has concluded, or the
public hearing portion of an item was formally closed, and the item was returned
to the City Council for deliberation before it was continued, then the opportunity for
public comment on the item will not be reopened absent a motion by the City
Council. [54955].
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8.8 Consideration of items after 11:00 p.m.
8.8.1 Canvass and Reorder
At 10:30 p.m., or as soon thereafter as practical, the presiding officer shall canvass
staff and Council Members present to identify the remaining agenda items for
consideration. The presiding officer will then identify what items will be considered
or continued, and in what order. Once the presiding officer outlines the balance of
the agenda, it may not be amended absent an appeal by a Council Member.
If the City Manager, Mayor, presiding officer, or a City Council Member believes
the duly noticed agenda for a Council meeting is not likely to completed in one day,
then the City Clerk shall poll the Mayor and Council Members in advance of the
meeting to determine their availability to reconvene later that same week. To
accommodate members of the public so they do not have to rearrange their
schedules, to the extent possible, the public comment period for an item that was
started should be completed before the continuance of an item.
8.8.2. No New Items Considered after 11:00 p.m.
The City Council shall not begin consideration of any items on an agenda after
11:00 p.m., but may complete their consideration of an item that was commenced
prior to 11:00 p.m.
8.8.3 Exceptions
The City Council may commence consideration of an item after 11:00 under the
following circumstances:
a. An item is subject to a legal deadline, such as a project application subject to
the Permit Streamlining Act; or,
b. The City Council votes to allow consideration of the item after 11:00 p.m.
8.9 Breaks.
The presiding officer shall provide for a 10 min break after approximately every two hours
of meeting time. The break should be called at a convenient point in the proceedings
closest to the two-hour mark. Council Members may request breaks at other times as
needed. Council Members and staff are expected to return promptly at the designated
time to resume the meeting.
8.10 Points of Order, Privilege, and Personal Privilege
A Council Member may ask for a point of order, at which time the presiding officer will ask
for an explanation. Appropriate points of order relate to matters that a Council Member
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considers inappropriate conduct for the meeting, such as the failure to observe these
Rules of Procedure, the City Council’s Norms and Values, or the rules of parliamentary
procedure.
A Council Member may seek a point of privilege. If so, the presiding officer shall ask for
an explanation of the Council Member’s point. Points of privilege generally relate to
matters that interfere with a normal flow or comfort of the City Council’s meeting, such as
the inability to hear testimony because of disruption.
A Council Member may ask for a point of personal privilege when the integrity, character,
or motives of the Council Member are called into question by a speaker; or where the
welfare of the City Council is concerned.
If a speaker is interrupted by a point of order, privilege, or personal privilege, the
remainder of a speaker’s time will be preserved by the City Clerk until the point is
resolved.
8.11 Minutes
8.11.1. All Proceedings Recorded
An account of all open meetings of the City Council shall be recorded, and action
minutes prepared, by the City Clerk. [36814, 40801]. After the City Council
approves the meeting minutes, the City Clerk shall enter them into official minute
books of the City Council. The City Attorney may prepare attorney work product
notes for closed session meetings attended. [36814].
8.11.2 Approval
The minutes for a City Council meeting shall be reviewed and approved as set
forth in this section.
a. The City Council shall approve minutes for a regular meeting, special meeting,
and special meeting workshops, except that City Council approval is not
required for the City Attorney’s closed session attorney work product notes.
b. A Council Member may not approve the minutes for any City Council meeting
that the Council Member did not attend, unless the Council Member observed
the meeting or reviewed a video or audio recording prepared for that meeting.
Also, a Council Member may not approve the minutes for a meeting that they
were not eligible to attend as a Council Member.
c. If no Council Members are eligible to approve the minutes for a City Council
meeting, then the City Clerk shall attest to the accuracy of the meeting minutes
and enter them into official minute books of the City Council.
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8.11.3 Preferred Method of Recordation and Minutes
City Council meetings may be recorded by electronic means.
The City Council may adopt a resolution to specify the preferred method of
recording for its meetings. [54953].
8.12 Staff Attendance
8.12.1 City Manager
The City Manager shall attend all City Council meetings unless excused by the
Mayor, and the City Manager’s designee attends. [LMC 2.08.060.F]. The City
Manager may make recommendations and shall have the right to take part in all
discussions of the City Council, but shall have no vote.
8.12.2 City Attorney
The City Attorney shall attend all City Council meetings unless excused by the
Mayor, and an Assistant City Attorney attends. Upon the City Council’s request,
the City Attorney shall provide opinions and recommendations, either written or
oral, on questions of law and procedure.
8.12.3 City Clerk
The City Clerk shall attend all City Council meetings unless excused by the City
Manager, and in his or her absence, the City Clerk’s designee shall attend. The
City Clerk shall record, prepare, and maintain the official record of the City
Council’s proceedings and perform other related duties as may be prescribed by
the City Council and the City Manager. [36814, 40801].
8.12.4 Department Heads/Employees
Department Heads and employees shall attend City Council meetings as directed
by the City Manager. The City Manager and City Attorney are encouraged to
minimize the number of employees and consultants attending the meetings in
person and maximize the opportunities for employees and consultants to
participate remotely.
8.12.5 Sergeant-at-Arms
A Sergeant-at-Arms, who shall typically be a sworn member of the City’s Police
Department, shall attend City Council meetings as directed by the City Manager.
[38638].
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8.13 Meetings That Are Not Subject to the Brown Act
As provided by the Brown Act, a quorum of the City Council may attend conferences and
similar gatherings, open community meetings organized by a person or organization other
than the City Council, open and noticed meetings of another legislative body other than
a City advisory body, and social and ceremonial gatherings without complying with the
notice and agenda requirements in these rules of procedure, provided that the Council
Members do not discuss among themselves business of a specific nature that is within
the City’s subject matter jurisdiction. [54952.2(c)(3)-(5)].
Meetings of an ad hoc City Council subcommittee are not subject to these rules of
procedure unless the City Council expressly states that the subcommittee shall follow
these rules. [54952].
Briefings of less than a quorum of the City Council are not subject to these rules of
procedure provided the briefings comply with the Brown Act. [54952.2; Wolfe v. City of
Fremont, (2006) 114 Cal.App.4th 533].
9. Agenda Development
The City Manager is responsible for preparing the City Council’s meeting agenda to
present items requiring direction or action by the City Council. Items may also be placed
on an agenda for City Council consideration in the following ways: by direction of a duly
created City Council subcommittee with the City Manager’s concurrence; by direction of
the City Attorney in consultation with the City Manager; by direction of a majority of
Council Members during the matters initiated portion of the agenda to place an item on a
future agenda; and under any processes set forth by statute or ordinance that requires
City Council action, including City Council consideration of land use matters, appeals,
and other matters as set forth in the Livermore Municipal Code and the Livermore
Development Code.
The agenda shall contain a brief general description of each item of business to be
transacted or discussed, including any items to be discussed in closed session. [54954.2,
54954.5].
10. Order of Business – Regular Meetings
The usual order of business for regular meetings shall be as follows:
10.1 Call to Order
This portion of the agenda is for roll call, the pledge of allegiance, and the reporting out
from any closed session items that may have occurred prior to the meeting.
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10.2 Proclamations and Presentations
This portion of the agenda is for City proclamations to recognize significant community
events, people, or days. The presiding officer shall read and present, or designate a
Council Member to read and present, the proclamations. The City Manager, or his or her
designee, may develop a policy regarding proclamations as a guide. It is also for City
advisory bodies to make brief presentations to the City Council on their activities. As
authorized by the presiding officer or the City Manager, this portion of the agenda is also
for other local, regional, or state legislative bodies and elected officials to make brief
presentations to the City Council concerning activities of interest to the City.
These are ceremonial matters and not action items by the City Council. While the
preference is for proclamations to be included in the posted agenda, the desire to
recognize a significant community event, person, or day may arise or be discovered after
an agenda is posted. In that case, the presiding officer may make additional
proclamations at a City Council meeting so long as they do not unduly interfere with the
City Council’s business.
The public does not have the right to address the City Council during this portion of the
agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa
Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].
10.3 Confirmation of Advisory Body Appointments
This portion of the agenda is for City Council confirmation of appointments to advisory
bodies and to administer the oath of office to advisory body members.
10.4 Open Forum
This portion of the agenda is for any member of the public to address the City Council on
any item of interest to the public that is within the City Council’s subject matter jurisdiction.
However, to prepare and preserve a proper administrative record, public comments
concerning an item listed elsewhere on the agenda should be reserved and addressed to
the City Council when that item is called for consideration.
Open forum shall be limited to 30 minutes, usually before the consent calendar. If there
are additional members of the public who wish to speak at the conclusion of the 30-minute
time period, then the presiding officer shall reconvene the open forum at the conclusion
of the matters for consideration portion of the agenda unless the presiding officer
announces that open forum is reordered to a different place on the agenda.
The procedures for public comments during open forum are set forth in Section 12
Speakers’ Rights.
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10.5 Consent Calendar
The consent calendar portion of the agenda is for routine items that are not expected to
require City Council discussion. Examples of items for the consent calendar include the
approval of minutes, resolutions confirming actions from a previous meeting, the
introduction and adoption of ordinances, and the processing of administrative items such
as the approval of contracts, the acceptance of public improvements, and other routine
items requiring City Council approval by ordinance, resolution, or law. Any Council
Member may pull an item for separate discussion. Members of the public may address
the City Council on consent calendar items by following the procedures set forth in Section
12 Speakers’ Rights.
The items on the consent calendar are generally approved by the City Council by a single
motion, but separate motions may be appropriate to accommodate a conflict of interest,
an absence, or other Council Member interests.
10.6 Public Hearings
The public hearing portion of the agenda is reserved for items that require, by statute,
ordinance, or practice, a noticed public hearing for action. The notices for public hearing
items shall be posted in a newspaper of general circulation and mailed as required by
law. [6060].
The procedures for public hearings are as follows:
10.6.1 Introduction
The presiding officer shall call each item for hearing and consideration. If there are
related public hearing items, the presiding officer has the discretion to concurrently
call the related items for hearing and consideration.
10.6.2 Staff Presentation
A member of City staff will then:
a. Introduce themselves and the item by identifying the report and other written
material included in the agenda packet for the City Council’s consideration,
as well as any written comments received from the public.
b. Identify any supplemental written materials that have been provided to the
City Council for consideration, which were received or prepared for the item
after the meeting agenda was published.
c. Identify any other staff members or consultants that will be part of the staff
presentation or are otherwise present and available for City Council
questions.
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d. State whether the applicant is present and whether the applicant intends to
make a presentation to the City Council.
e. Make an oral report, unless waived by the City Council.
10.6.3 Participating Parties
Following the staff presentation, the applicant, appellant, and other named
participant in the item that is party to an agenda item (collectively “participating
parties”) may address the City Council. Participating parties shall address the City
Council following the procedures set forth in Section 12 Speakers’ Rights.
After the presiding officer determines that no other participating parties wish to
address the City Council on the hearing item, the presiding officer will open the
public hearing.
10.6.4 Opening and Closing the Public Hearing
The purpose of the public hearing is to provide members of the public with an
opportunity to address the City Council concerning the hearing item, as well as to
express their support or opposition of the item. The presiding officer will formally
announce the opening of the public hearing and invite members of the public to
address the City Council on the hearing item. Public speakers shall address the
City Council following the procedures set forth in Section 12 Speakers’ Rights.
After the presiding officer determines that no other member of the public wishes to
address the City Council on the hearing item, the presiding officer will formally
close the public hearing and return the item to the City Council for City Council
questions and comments.
10.6.5 City Council Questions or Comments
Following the staff presentation and receiving comments by the participating
parties and from the public comments during the public hearing, if any, the City
Council may ask questions of City staff, consultants, and participating parties, or
make comments on the item.
10.6.6 City Council Deliberation
Following City Council questions and comments, the presiding officer will invite the
Council Members to discuss the item to develop concurrence for a motion. Council
Members may continue to ask questions of staff, consultants, and the participating
parties as part of their deliberations. The procedures for City Council deliberation
are set forth in Section 13 City Council Deliberation.
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10.6.7. City Council Action
After City Council deliberation, the presiding officer shall call for a motion and a
second as set forth in Section 14 Motions, and the City Council may make such
motions as set forth in that section.
If the motion seconded for consideration is substantially different than the
recommended action in the published staff report, the presiding officer may invite
public comments on the motion. Each speaker will be limited to one minute to
comment on the motion; and the City Council has discretion to decide not to hear
further comment if they choose. If invited, public speakers shall address the City
Council following the procedures set forth in Section 12 Speakers’ Rights.
10.7 Matters for Consideration
This portion of the agenda is for items of business that require City Council action or
direction, the receipt of reports, or that would benefit from City Council discussion that do
not also require a public hearing. Generally, the procedures for this portion of the agenda
follow the same procedures found in Section 10.5 Public Hearings, except that the public
hearing is replaced by the opportunity for the public to comment after the staff
presentation.
Prior to deliberating on matters for consideration, the City Council shall receive public
comment as provided for in Section 12 Speakers’ Rights. After receiving public comment,
the City Council shall deliberate as set forth in Section 13 City Council Deliberation and
shall receive the report, take action, or provide direction as set forth in Section 14 Motions.
10.8 City Council Reports and Matters Initiated by Staff and City Council
This portion of the agenda is for:
1. 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. For efficiency and
completeness, each Council Member should use the activity reporting spreadsheet
and submit their reports to the City Clerk by noon on the day of the Council meeting
so the report can be included in the supplemental materials distributed in advance
of the meeting. Council members are encouraged to highlight in their oral
presentations only those events of most interest to the community. To the extent
practical, Council members should report on significant decisions being
considered by the regional boards, commissions, and committees to which they
have been appointed for the City. For those events that the Council Member
attended at the City’s expense, it is the City Council’s preference to satisfy the
expense reporting requirement by submitting a written report of the activities
attended. [53232.2(d)];
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2. The City Manager, City Attorney, and City staff to provide information of
community interest to the City Council and to seek direction from the City Council
concerning items to be included on future agendas;
3. 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 open forum;
4. The City Council to request a matters initiated for staff to provide information,
perform studies, or undertake other administrative functions or to develop
information for Council action at a future meeting. Before requesting a matters
initiated, the initiating Council Member is expected to confirm with the City
Manager that there is adequate staff resource capacity to address the request, and
the City Attorney to the extent the matter involves legal review. If the requested
action is routine in nature, the City Manager will direct staff to proceed. However,
if the request cannot be accomplished within the approved budget or City Council
priorities, or 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.
Members of the public do not have the right to address the City Council during this portion
of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa
Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].
10.9 Adjournment
This portion of the agenda is for the presiding officer to adjourn the City Council meeting
at the conclusion of business and announce its next meeting. The meeting may be
adjourned to a regular meeting, special meeting, special meeting workshop, adjourned
regular meeting, or adjourned special meeting. The presiding officer may adjourn the
meeting in honor of a distinguished Livermore resident or other person of community
interest that has passed away.
Members of the public do not have the right to address the City Council during this portion
of the agenda. [54954.3(a); Coalition of Labor, Agriculture & Business v. County of Santa
Barbara Bd. of Supervisors, (2005) 129 Cal.App.4th 205].
Adjournment at any other point in the meeting other than after the conclusion of the
business items on an agenda will require a formal motion by the City Council.
11. Order of Business – Special Meetings and Workshops
No matters except those specified in the notice and agenda for a special meeting or
special meeting workshop may be discussed at those meetings.
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The usual order of business for special meetings and workshops shall be as follows:
11.1. Call to Order
This portion of the agenda is the same as it is for a regular meeting.
11.2. Public Comment
The purpose of this portion of the agenda is to provide the public with the opportunity to
address the City Council on only those items listed in the posted notice and agenda for
the special meeting or workshop. Public comment shall be received immediately following
the call to order for a workshop, and should be received immediately after the staff
presentation, if any, for a special meeting.
Public speakers shall address the City Council following the procedures set forth in
Section 12 Speaker’s Rights.
However, unlike a regular meeting, the agenda for a special meeting will not include an
open forum for the public to address the City Council on any item of interest to the public
that is within the City Council’s subject matter jurisdiction, unless that opportunity is
expressly included in the agenda.
11.3 Special Meeting Item and Workshop Item
Generally, the procedures for this portion of the agenda follow the procedures in Section
10.6.1 Introduction, 10.6.2 Staff Presentation, 10.6.5 City Council Questions and
Comments, and 10.6.6 City Council Deliberations. The City Council may take a final
action at a special meeting, but not at a workshop, as set forth in Section 8.4.2 Special
Meetings and Section 8.4.3 Special Meeting Workshops
11.4 Adjournment
This portion of the agenda is the same as it is for a regular meeting.
12. Speaker’s Rights
A City Council meeting is a limited public forum. [78 Ops.Cal.Atty.Gen. 224 (1995); Kindt
v. Santa Monica Rent Control Bd. (9th Cir. 1995) 67 F.3d 266; White v. City of Norwalk,
(9th Cir. 1990) 900 F.2d 1421; Leventhal v. Vista Unified School District (SD Cal. 1997)
973 F.Supp. 951]. Members of the public have the right to address the City Council and
to attend its meetings, except for closed sessions and other meetings that permit the
public to be excluded as a matter of law. During the open forum portion of a regular
meeting agenda, members of the public have a right to address the City Council on any
item of interest to the public that is within the City Council’s subject matter jurisdiction.
Members of the public also have the right to address the City Council before the City
Council considers or takes action on an item on any regular meeting agenda, except for
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items properly listed or considered in the Call to Order, Proclamations and Presentations,
City Council Reports and Matters Initiated by Staff and City Council, and the Adjournment
portions of the agenda. Members of the public shall be provided an opportunity to address
the City Council concerning any item that is described in the notice for special meeting
workshops and special meetings. [54954.3].
The procedures for addressing public comments to the City Council are as follows:
12.1 Addressing the City Council
Members of the public who want to address the City Council during open forum or before
the City Council considers or takes action on an item must indicate their desire by
personally submitting a request to speak to the City Clerk, or his or her designee, using
the methods specified by the City Clerk in the agenda for that meeting. A member of the
public may not submit a request to speak on behalf of any other person. The methods for
addressing the City Council will be described at each meeting. The City Clerk will
prominently display the methods to address the City Council in the City Council Chambers
or other location where the City Council gathers in person for a meeting.
The presiding officer shall open public comment during open forum and for agenda items
by asking the City Clerk whether there are any members of the public who wish to address
the City Council. If there are, the presiding officer will then ask the City Clerk to manage
the process for calling on speakers physically present and participating remotely as
described in Section 12.3.1. Once there are no more persons physically present who have
expressed an interest in addressing the City Council, the City Clerk will then call upon the
speakers participating remotely. Speakers may request the opportunity to address the
City Council until the City Clerk announces that there are no more speakers who have
expressed their interest to address the City Council. At that time, the presiding officer will
close the public comment period. Once the presiding officer closes the public comment
period, no more additional requests to address the City Council during open forum or for
the agenda item will be accepted absent invitation by the presiding officer.
The purpose of submitting a request to speak is to help the presiding officer conduct the
City Council’s meetings and to complete its business in an orderly fashion. The intent is
not to limit testimony. Therefore, a member of the public will not be denied an opportunity
to speak if a request to speak does not provide all of the information requested from a
speaker or because a speaker wants to remain anonymous. Speakers who have not
submitted a request to speak on time may be heard by the presiding officer’s recognition
or by another Council Member’s successful appeal. [White v. City of Norwalk, (9th Cir.
1990) 900 F.2d 1421].
12.2 Speaker Time Limit
The amount of time allotted to each member of the public wishing to address the City
Council shall be limited to a maximum of three minutes. For the consent calendar, a
speaker’s time is limited to a single comment with a maximum of three minutes for all
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consent calendar items that are pulled by a Council Member for separate discussion, in
which case the speaker’s time shall be limited to a maximum of three minutes on the item
pulled for discussion and a separate opportunity to speak of up to a maximum of three
minutes for the balance of the consent calendar. Individual members of the public may
not yield their allotted time, or any remaining portion thereof, to anyone else. The
presiding officer may reduce the amount of time allotted to each speaker based upon the
number of persons wishing to speak, the complexity of the item if one is being considered,
the anticipated time reasonably needed to complete the remaining items on the meeting
agenda, and other reasonable factors. [54954.3(b); Kindt v. Santa Monica Rent Control
Bd. (9th Cir. 1995) 67 F.3d 266; Chaffee v. San Francisco Public Library Commission,
(2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992)]. A speaker using an
interpreter, and speakers needing accommodation for a disability, shall be allowed twice
the allotted time. [54954.3].
Prior to calling for public comment during the open forum, as well as before the City
Council considers or takes action on an item, the presiding officer shall set and announce
the time limit for each member of the public to speak before inviting members of the public
to address the City Council. For the purposes of these rules, lectern means the physical
podium in the meeting room provided for the public to address the City Council, but
includes the electronic location utilized by the City Clerk to accept electronic comments
during a City Council Meeting.
Open forum will conclude after 30 minutes, but if there are remaining speakers at the
conclusion of the 30 minute time period who wish to address the City Council, then the
open forum shall be reconvened after the Matters for Consideration portion of the agenda
as set forth in Section 10.4 Open Forum.
12.3 Members of the Public Addressing the City Council
12.3.1 A list of people who have requested to speak shall be used to call each
speaker to the lectern to address the City Council. The City Clerk will
manage the process for calling speakers to the lectern or to unmute
themselves if they are participating remotely. The speakers physically
present in the meeting will be called upon before those participating
remotely. When calling a speaker to the lectern the next two speakers will
also be identified so they are prepared to address the City Council when
called to the lectern.
12.3.2 The presiding officer may request each speaker to state his or her name
and city of residence before addressing the City Council. A speaker is not
required to provide his or her name or address in order to address the
City Council. However, to the extent such information is relevant to the
issues being considered by the City Council during a public hearing, the
absence of such information may bear on the speaker’s credibility and the
weight the City Council affords the speaker’s comments.
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12.3.3 Speakers shall address their comments only to the City Council as a body
and not to a particular member.
12.3.4 Members of the public may only address the City Council from the lectern.
No member of the public, other than the speaker at the lectern, may
address the City Council, unless called upon by the presiding officer.
12.3.5 No question shall be asked of Council Members by a speaker, except
through the presiding officer. No question shall be asked of a speaker by
a Council Member, except through the presiding officer. Council
Members, the presiding officer, and the speaker are not obligated to
answer any questions asked. The presiding officer may refer questions to
staff for a brief answer while the speaker is at the lectern.
12.3.6 Speakers shall not use their time to unduly disrupt the orderly conduct of
the City Council’s meeting.
12.3.7 Speakers are encouraged to avoid repetition.
12.3.8 Speakers are encouraged to avoid making personal attacks.
12.3.9 Each speaker shall relinquish the lectern when his or her time to address
the City Council has expired.
12.3.10 A speaker may use his or her allotted time to read letters or other
documents, play electronic recordings at a non-amplified volume, or
otherwise present information to the City Council in a non-disruptive
manner, provided those activities are completed within the allotted time.
The City will not provide the means for a speaker to play an electronic
recording.
12.3.11 When called upon during open forum, speakers may address the City
Council on any item of interest to the public within the City Council’s
subject matter jurisdiction. [54954.3(a)].
12.3.12 When called upon to provide public comment on a specific item of
business on the agenda, speakers shall focus their comments on that
specific item of business before the City Council. [54954.3(a); White v.
City of Norwalk, (9th Cir. 1990) 900 F.2d 1421; 78 Ops.Cal.Atty.Gen 224
(1995)].
12.3.13 Members of the public addressing the City Council are limited to one public
comment per speaker per item regardless of format or time submitted.
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12.4 Participating Parties Addressing the City Council
Participating parties shall comply with the procedures set forth in Section 12 Speaker’s
Rights when addressing the City Council, except that the participating parties shall each
have up to a maximum of 10 minutes to address the City Council. The presiding officer
may set and announce the time limit for each active participant to address the City Council
based upon the same criteria set forth in Section 12.2 Speaker Time Limit.
When the City Council is acting in its quasi-judicial capacity, the presiding officer may
further modify the rules of procedure in this section, or adopt such additional rules of
procedure and speaker times as may be reasonably necessary, to afford the active
participants with procedural due process commensurate with the rights at issue.
12.5 Public Criticism
Public criticism of the City’s policies, procedures, programs, or services, or of the acts or
omissions of the City Council, shall not be prohibited. However, the rights of each speaker
to express his or her views is not absolute and nothing in these rules of procedure are
intended to confer any privilege or protection for expression beyond that otherwise
provided by law. [54954.3].
12.6 Disruptive Speech and Conduct
Any person unduly disrupting a City Council meeting may be requested by the presiding
officer to leave the meeting. The presiding officer shall discourage demonstrations before
the City Council, such as applauding or booing. Upon instructions by the presiding officer,
a Sergeant-at-Arms may be called for the purpose of removing any person who, in the
presiding officer’s judgment, has disrupted the meeting. [36813, 38638, 54954.3,
54957.9, Penal Code 403]. Prior to removing a person for disrupting a meeting, the
presiding officer shall warn the individual that their behavior is disrupting the meeting and
that their failure to cease their behavior may result in their removal. However, a warning
is not required before removing a disruptive individual whose behavior constitutes use of
force or a true threat of force consisting of a threat that has sufficient indicia of intent and
seriousness that a reasonable observer would perceive it to be an actual threat to use
force. [54957.95]. When possible, the presiding officer is encouraged to use alternative
means, such as direction to speakers to avoid disruption or by taking a recess to review
these rules with the speaker, to avoid disruptions to allow the City Council to complete its
business.
12.7 Written Communications – Post Hearing Notice, and Post Agenda Publication
12.7.1 Submitted after the hearing notice, but before the Agenda Publication.
Any member of the public may submit written public comments and materials to
the City Council through the City Clerk’s Office. All written public comments and
materials must be submitted between the date public hearing notices are
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published (10 days prior to the meeting or as otherwise required by statute) and
noon on the day before agenda publication (7 days prior to the meeting). The
City Clerk shall deliver all written public comments and materials received by
12:00 p.m. the days before agenda publication as part of the agenda packet for
the posted agenda.
12.7.2 Submitted Post Agenda Publication.
Any member of the public may submit electronic public comments to the City
Council using the electronic submission process the City Clerk specifies and
makes available on the City’s website within the timeframe provided on the
agenda. Any additional attachments can be submitted directly to the City Clerk.
All comments submitted using the City Clerk’s electronic process will be made
concurrently available to the public and the City Council as soon as practicable,
and theCity Clerk shall post on the City’s website and deliver any additional
materials received by 12:00 p.m. the day of the meeting to the City Council in a
supplemental packet prior to the meeting.
Physical copies of written public comments and materials, and electronic and
physical materials submitted to the Clerk’s Office before 12:00 p.m. noon on the
day of the City Council meeting, will be included in the supplemental packet. After
12:00 p.m. noon on the day of the City Council meeting, any member of the public
who desires to submit materials to the City Council for consideration at that
meeting is hereby instructed to present 8 copies of the materials to the City Clerk
for distribution to the City Council at its meeting when the item is considered.
12.7.3 Special Meetings and Workshops.
For special meetings and workshops, the City Clerk shall specify the instructions
and timeframes for the public to submit written public comments and materials in
the agenda for those meetings.
12.8 Approaching the City Council
Once a meeting is called to order, no member of the public physically present shall enter
the area between the lectern and the dais without an invitation from the presiding officer.
Members of the public may enter the area before and after the meeting, and during a
recess, for the purpose of interacting with the individual City Council Members and City
staff.
13. City Council Deliberation
City Council deliberations shall be orderly and guided by the presiding officer to reach a
decision on the item before them or to provide the direction sought by staff.
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Once an item is before the City Council for deliberation, the presiding officer shall call
upon each individual Council Member present, in turn, to comment on the item and the
recommended action or direction sought by staff. When participating remotely, Council
Members should use the raise hand feature, or other feature offered by the electronic
platform used for the meeting, to indicate they wish to speak and the presiding officer
should call upon them in the order they requested to speak. Council Members may debate
the merits of the item and recommendation, but shall not interrupt any other Council
Member who is speaking. After each Council Member has the opportunity to express an
opinion on the item, the presiding officer shall invite discussion and then a motion.
14. Motions
14.1 Making a Motion
A motion may be made by the presiding officer or a Council Member. Once a motion has
been made, the presiding officer will solicit a second. A motion shall die unless it receives
a second. If a motion receives a second, the presiding office shall then invite debate and
discussion on the motion and any amendments.
Any Council Member who makes a motion may withdraw it during debate and discussion,
even to the point of interrupting a speaker to do so. If the motion is withdrawn, the
presiding officer may ask the person who seconded the motion if that Council Member
wishes to make the motion, subject to another Council Member’s second.
14.2 Categories of Motions
There are four categories of motions that the City Council may consider.
The first category is a basic motion, which is one that puts forward a decision for
consideration. For example, a motion to approve City staff’s recommendation.
The second category is a motion to amend an earlier motion. Such an amending motion
changes a basic motion under discussion in a minor way, but does not supersede it. For
example, adding a condition to a basic motion to approve staff’s recommendation. If the
maker of the basic motion, and the second, accept the amendment, then the amendment
shall be incorporated into the original motion without the need for a second on the
amending motion. If an amendment is not accepted into the basic motion by the moving
Council Members, the process for voting on simultaneous motions is then followed.
The third category is a substitute motion. Such a motion completely does away with the
basic motion under discussion and puts a new motion before the City Council. For
example, if the basic motion is to approve staff’s recommendation, a substitute motion
would propose numerous changes to staff’s recommendation or assembles multiple
amending motions into a single motion. If a substitute motion receives a second, then
the initial basic motion does not require action since it was substituted. If a substitute
motion fails, the process for voting on simultaneous motions is then followed.
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The fourth category is a hostile motion. A hostile motion is one that seeks to accomplish
the opposite effect of the basic motion. For example, when a basic motion is to approve
a project, a hostile motion is one to deny the project. If a hostile motion is made, the
process for voting on simultaneous motions is then followed.
A decision whether a motion is one to amend or substitute is left to the presiding officer’s’
sole discretion. A decision whether a motion is hostile is left to the presiding officer in
consultation with the City Attorney.
14.3 Simultaneous Motions
The City Council may consider up to three motions on the floor at one time. The presiding
officer may reject a fourth motion until the three before the City Council have been
resolved. When multiple motions with seconds are before the City Council, the City
Council shall consider and vote on the last motion made. Generally, the discussion when
a motion is before the City Council should focus on the last motion made. Once the vote
on the last motion takes place, if necessary, the discussion and decision on additional
motions will take place in order working back to the first motion made.
However, a hostile motion shall not be in the floor at the same time as the motion it
challenges. A hostile motion shall be considered after a vote on the basic motion and its
amendments, that it challenges.
14.4 Debatable and Non-debatable Motions
Debatable motions are subject to Council Member comment and discussion before calling
for a vote. Non-debatable motions are not subject to Council Member comment and
discussion, and are to be voted on immediately.
14.4.1 Debatable Motions
Debatable motions are motions to take action on agenda items and other items of
City business. For the purpose of these rules of procedure, all motions are
debatable except those expressly identified in Subsection 14.4.2 Non-Debatable
Motions. Debate on a motion should continue as long as Council Members wish
to discuss an item, subject to the presiding officer’s determination that it is time to
call for the question.
14.4.2 Non-Debatable Motions
Non-debatable motions are procedural and terminating motions. Certain motions
once made immediately stop the City Council’s deliberations and, upon receipt of
a second, should be voted on immediately. The City Council’s non-debatable
motions are as follows:
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a. Motion to Adjourn. If passed, a motion to adjourn requires the City Council
to immediately adjourn to its next regularly scheduled meeting.
b. Motion to Recess. If passed, a motion to recess requires the City Council to
immediately take a recess, the length of which the presiding officer will
determine. The presiding officer may order a recess without a motion, and
without adjourning the meeting, as the presiding officer determines
necessary to maintain decorum and conduct the meeting in an orderly
fashion.
c. Motion to Fix the Time to Adjourn. If passed, a motion to fix the time to
adjourn the meeting requires the City Council to adjourn at a specific time
set in the motion.
d. Motion to Table an Item. If passed, a motion to table an item postpones an
item indefinitely or to a date and time certain set in the motion. If the motion
does not contain a specific time, an additional motion is required to bring
the item back to the City Council at a future meeting.
e. Motion to Continue an Item. A motion to continue an item has the same
effect as a motion to table, but is generally used when good cause exists or
in response to a request by staff, a Council Member, or a participating party,
as set forth in Section 8.7 Continuance of Agenda Items, or a scheduling
problem arises. If passed, the motion continues the item indefinitely or to
the date and time set in the motion. If the motion does not contain a specific
time, an additional motion is required to bring the item back to the City
Council at a future meeting.
f. Call for the Question. A motion to call the question, also known as moving
the previous question or limiting debate, stops further City Council
deliberation, debate, and discussion on an item. It can be stated as stopping
debate or discussion within a certain period of time, such as 15 minutes. If
seconded, the presiding officer shall then call for a vote on the motion or
motions pending before the City Council as provided for in Section 7.5
Motion to Be Stated.
14.5 Miscellaneous Motions and Appeals
14.5.1 Motion to Suspend the Rules of Procedure
A motion to suspend these Rules of Procedure is debatable and to the extent
possible should be addressed to a specific rule. If the Rules of Procedure are
suspended in their entirety, such a motion does not supersede law or the
Livermore Municipal Code.
14.5.2 Motion to Reconsider
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A motion to reconsider any action taken by the City Council may be made as
follows: (1) The motion must be made by a Council Member who voted along with
majority that voted for the original motion that passed, but the motion for
reconsideration may be seconded by any Council Member; (2) The motion must
be made either at the meeting at which the action to be reconsidered was taken,
or, at the next regular meeting, provided appropriate due process is afforded to
any participating parties; (3) The motion is debatable; (4) If any participating party
has left the meeting, or if the motion comes at a subsequent meeting, the ultimate
decision to be reconsidered must take place at a subsequent meeting; and, (5) If
the original hearing was a public hearing, a new notice of hearing must be given
before the matter is reconsidered.
14.5.3 Council Member Appeal
Any Council Member may appeal any ruling by the presiding officer. If a Council
Member so moves and the motion is seconded, after debate, the ruling of the
presiding officer may be reversed by majority vote. If an appeal is taken, the
question shall be, “Shall the decision of the presiding office be sustained?”
15. Action and Direction
15.1 Votes, General Rules
Unless otherwise provided, the City Council’s actions must be passed pursuant to a
majority vote on a motion, and the motion may not be considered unless it is seconded.
A simple majority vote by those Council Members present is necessary to pass a motion
providing direction to staff or establishing administrative policy, however motions for the
adoption of resolutions and ordinances require an affirmative vote of at least three Council
Members to pass the motion as provided in Rule 17.4 Majority Vote by Three City Council
Members Required.
Any Council Member may, before the “Nays” are called for, demand that a roll call vote
be taken on the motion before the City Council. The presiding officer’s name shall be
called last, preceded by the Vice Mayor, with other Council Members’ names called in
alphabetical order by the City Clerk. Council Members shall not give explanations for their
vote during roll call.
If a motion does not receive the necessary majority vote for passage, the presiding officer
may solicit additional discussion and another motion for further deliberation and voting. If
further discussion and deliberation does not result in a motion receiving a majority vote
necessary to pass a motion, the presiding officer may declare that “no action has been
taken” and proceed with the remainder of the agenda. In the event of a tie vote, the
procedures in Section 15.2 Tie Votes, shall control.
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If a Council Member is present at the meeting but abstains from voting on a motion or is
silent during the vote on the motion, then the rules in Section 15.3 Abstentions and
Silence shall govern how the Council Member’s silence or abstention is tabulated.
15.2 Tie Votes
Generally, a motion fails if there is a tie vote. After a tie vote, the presiding officer may
solicit additional discussion and another motion in an attempt to break the tie. If the tie
vote occurs during a Council Member absence, and the absent Council Member does not
have a conflict of interest related to the item being voted on, the City Council may continue
the item to a subsequent City Council meeting when the absent Council Member is
expected to be present in an effort to resolve the tie. If the tie vote is not resolved, the
motion shall fail and the presiding officer may declare that “no action has been taken” and
proceed with the remainder of the agenda. However, if a decision is legally compelled
under state law (such as the Permit Streamlining Act), the tie vote shall constitute a denial
of the application, project, or appeal before the City Council and the decision shall be
considered final.
15.3 Abstentions and Silence
The City Council discourages abstentions since abstentions without legal conflict may
impede the City Council’s business, for example by causing a tie vote. Abstentions also
deprive Livermore residents of one vote of five and may diminish accountability of Council
Members on items of legitimate concern. At the same time, it is not the City Council’s
intention to impede any individual Council Member’s right to choose not to speak or vote
on an item.
If any Council Member wishes to abstain from voting on a motion, the Council Member
must announce the abstention when the item of business is first called for consideration
and must not participate in the consideration of the item, in which case the Council
Member’s announcement of an abstention during the vote will be tabulated to reflect that
the Council Member abstained from the vote.
If the Council Member does not announce an abstention when the item of business is first
called for consideration, or the Council Member participates in the consideration of the
item after announcing and intent to abstain, and the Council Member announces an
abstention during the vote, then that Council Member’s vote shall be tabulated in favor of
the motion.
Silence of any Council Member shall be tabulated in favor of the motion since the silent
Council Member is conceding to the motion and not registering a vote against the motion.
This rule is intended to expressly modify Rosenberg’s Rues of Order for tabulating votes
with regard to abstentions and silence by a Council Member.
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15.4 Protests
Any Council Member shall have the right to enter into public record reasons for dissent,
no vote, or protests against any motion carried by the majority.
16. Advisory Bodies
16.1 Implementation of Municipal Code
16.1.1 Creation and Appointments
The City Council may create boards, commissions, or committees, herein after
collectively referred to as City advisory bodies, to advise the City Council. [LMC
Title 2]. It is recommended that newly formed City advisory bodies be limited to no
more than 7 members due to the capacity of the recording system in the
Mendenhall Room.
16.1.2 Appointments of Council Members to Regional Bodies; Appointments of
Persons to City Advisory Bodies
The Mayor has the statutory authority, with the City Council’s approval, to make all
appointments of City Council Members to regional bodies that require an
appointment from the City of Livermore. The Mayor also has the statutory
authority, with the City Council’s approval, to make all appointments of persons to
City advisory bodies. [40605; LMC 2.04.020; 81 Cal.Ops.Atty.Gen. 75].
16.1.3 Eligibility of City Employees
While City employees are not precluded from serving on advisory boards,
commissions, and committees, there is a potential for conflict. The City Council
and any subcommittees to the City Council shall not make appointments that are
potentially incompatible with City employment for any reason. For example, an
appointment will be incompatible with City employment if:
a. An act of the advisory board, commission, or committee may later be
subject directly to the control, inspection, review, audit, or enforcement of
any other City officer or employee.
b. The time demands of the advisory board, commission, or committee would
render performance of duties as a City employee less efficient.
16.1.4 Interviews of Members Eligible for Reappointment
As stated in Section 16.1.2 above, the Mayor has the statutory authority, with the
City Council’s approval, to make all appointments to City advisory bodies. The
purpose of the standing City Council subcommittee identified in this section is to
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interview candidates who apply for a City advisory body and to then recommend
candidates to the Mayor for appointment, with the City Council’s approval.
Members of City boards, commissions, and committees who are eligible for and
interested in reappointment shall be interviewed by the standing City Council
subcommittee, along with any other applicants for the position. Membership on this
standing City Council subcommittee shall rotate among the Council Members who
will be appointed for staggered terms, if possible, to ensure that at least one
Council Member has prior experience on the subcommittee. Based upon those
interviews, the standing City Council subcommittee shall recommend nominees
for appointment by the Mayor, with the City Council’s approval. However, the entire
City Council will interview Planning Commission applicants (including incumbents);
and the Livermore Area Youth Advisory Commission incumbents do not need to
be interviewed to be considered for reappointment.
16.2 Direction to Advisory Boards, Commissions, and Committees
Within the scope of their duties and responsibilities established in Title 2 of the Livermore
Municipal Code, or otherwise by the City Council, the boards, commissions, or
committees, and standing City Council subcommittees (collectively referred to as
“advisory bodies” or “advisory body” for the purposes of this section) created by the City
Council are directed to:
1. Follow these rules of procedure for their meetings, with appropriate modifications
to account for their individual structure including the number of members for the
advisory body, the titles for their presiding officer and members, consistent with
the restrictions set forth in subsection 3 below;
2. Follow Rosenberg’s Rules of Order for parliamentary procedure as modified by
these rules of procedure;
3. Conform their respective meeting rules to these rules of procedure to reflect the
following restrictions hereby directed by the City Council:
a. Advisory bodies shall not meet through electronic means;
b. Advisory bodies may create ad hoc committees, but shall not create
standing committees without prior City Council approval;
c. The staff liaison for each advisory body, with approval from the City Clerk,
shall determine the preferred method of preparing action minutes for their
advisory body meetings, with the exception of Planning Commission who
will work with the City Clerk to determine the preferred method of
preparing summary minutes for their meetings;
d. Staff attendance and agenda development will be determined by the staff
liaison for the advisory body, or as directed by the City Council;
e. The City Clerk shall determine agenda format, software, and language for
all advisory body meetings to ensure consistency and compliance with
applicable laws and regulations;
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f. Each advisory body, with input from the City Clerk and consistent with the
uniform format provided by the City Clerk, may establish their own rules to
specify the method for speakers to address the advisory body, including
their speaker time limits, , and the advisory body must then administer
them uniformly;
g. The advisory body liaison, City Attorney or designee, and City Clerk must
approve all advisory body agendas, notices, and cancellations; and,
h. Section 17 Document Preparation and Approval for an Agenda do not
apply to advisory body agendas.
4. Coordinate with their assigned staff liaison and the liaison’s Department Head to
obtain the City Council’s approval before beginning any self-initiated project that
will require more than 8 hours of staff time to complete that year. However,
advisory bodies may pursue self-initiated projects that can be accomplished
utilizing the City resources currently allocated to the particular advisory body and
that do not take resources away from that advisory body’s anticipated work to
fulfill its duties and responsibilities to the City Council.
16.3 Annual Reporting
1. Each of the following advisory bodies shall annually appoint one of their
members to present a brief oral presentation to the City Council describing that
particular advisory body’s activities for the past year:
Airport Commission
Beautification Committee
Commission for the Arts
Historic Preservation Commission
Human Services Commission
Library Board of Trustees
Livermore Area Youth Advisory Commission.
2. Other advisory bodies may provide written updates to the City Council as
necessary or as directed by the City Council.
3. The City Clerk shall schedule the annual advisory body presentations and
updates to the City Council in coordination with the staff liaisons to the advisory
bodies.
17. Document Preparation and Approval for an Agenda
17.1 Ordinances
No ordinance shall be prepared for presentation to the City Council unless ordered by a
majority vote of the City Council, prepared by the City Attorney on his or her own initiative,
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or recommended by the City Manager and developed with the City Attorney’s assistance.
[36936; LMC 1.08.060.E and 2.12.030.A.1.d].
17.2 City Attorney Approval as to Form
All ordinances, resolutions, and contracts shall be approved as to form by the City
Attorney, or his or her attorney designee, before being placed on the agenda. [LMC
2.12.030.A.1.d]. If the City Manager finds it necessary or expedient to place a contract on
a City Council agenda for authority to execute it, but the contract is not yet in final form or
has not been signed by the other parties, the City Council shall condition its authorization
to execute the contract on: (a) the final contract being in substantially the same form as
the one presented for the City Council’s consideration with such changes as may directed
by the City Council; and, (b) upon the City Attorney’s approval of the final contract as to
form. If the contract is substantially changed, then the contract must be placed on a
subsequent agenda for the City Council’s consideration.
17.3 Ordinance Introduction/Adoption
The City Council hereby establishes and directs that the presiding officer shall read the
title of a proposed ordinance when the item is called for consideration, which will be
considered to constitute a full reading of the ordinance, unless a majority of the City
Council present asks for a full reading. [36934]. For ordinances placed on the consent
calendar for introduction and adoption, a motion by the City Council that moves staff’s
recommendation for the approval of the consent calendar shall mean the title of the
ordinance was read by the maker of the motion.
17.4 Majority Vote by Three Council Members Required
An affirmative vote of at least three members of the City Council shall be necessary to
adopt an ordinance and a resolution, and to approve a contract for the expenditure of
funds. An urgency (emergency) ordinance must be adopted by at least four members of
the City Council. [36936, 54954.2, 54956, 54956.5].
17.5 Ordinance Preservation
Following adoption of an ordinance, the City Clerk will assign a number to the ordinance,
publish a summary, and post the full text according to law. The ordinance shall be filed
and preserved in the City Clerk’s Office.
17.6 Consent Calendar, Public Hearing, or Matters for Consideration
Ordinances not requiring a public hearing may be presented to the City Council for
introduction and adoption on either the consent calendar or matters for consideration
portion of the agenda. The City Attorney shall determine the placement of an ordinance
on a City Council agenda in consultation with the Mayor and City Manager, or as directed
by the City Council.
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18. City Council Norms and Values, and Principles of Governance
The City Council has also adopted City Council Norms and Values that guide their
interactions among each other, and Principles of Governance that guide their interactions
with staff and the community
19. City Council Expectations for Brown Act Compliance
The City Council has established an expectation that Council Members will not utilize
electronic devices to communicate with themselves, the public, or anyone else during a
City Council meeting on substantive matters related to City business. In addition, they
have established an expectation that they will not maintain a social media presence as a
Council Member, except on the City’s official website, with the understanding that
personal campaign activities are not official Council Member activities. They have also
established an expectation that they will use their official City email address when
communicating electronically about matters related to City business. [San Jose v.
Superior Court [Smith], 2 Cal.5th 608]. The City Council also directs staff to prepare formal
policies to guide their utilization of electronic communications.
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