CITY OF SOUTH LAKE CITY COUNCIL SOUTH TAHOE REDEVELOPMENT AGENCY SOUTH TAHOE JOINT POWERS FINANCING AUTHORITY SOUTH TAHOE JOINT POWERS PARKING AUTHORITY PROTOCOLS

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I.        COUNCIL/STRA/STJPFA/STJPPA MEETINGS

1. Regular Meetings - Regular meetings of the Council and STRA shall be held, without the necessity for notice, the first and third Tuesday of every month in the City Council Chambers, located at 1901 Airport Road, South Lake Tahoe, California.  The regular meeting shall begin at 9:00 a.m.



1. Posted Agendas:  The City Clerk shall post the agenda for every City Council/STRA meeting in the inside and outside enclosed bulletin boards at the Administrative Center, located at 1901 Airport Rd., and on the Services Center bulletin board outside kiosk at the Services Center at located at 1052 Tata Lane.  Agendas are available at no charge from the City Clerk’s Office in the Administrative Center and on the City Clerk’s Web Page at www.cityofslt.us.


2. Location During Local Emergency - If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the City Council Chambers, or if the Council Chambers are being used as the Emergency Operations Center, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or, if the Mayor does not so designate, by the City Manager.  The City Clerk will provide public notice of change in meeting location, consistent with the Brown Act.


2. Chair - The Mayor shall preside over all Council meetings.  The Mayor shall have authority to preserve order at all Council meetings, to remove any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council and to determine the order of business under the rules of the Council.



1. Absence of Mayor - The Mayor Pro Tem shall act as Mayor in the absence or disability of          the Mayor.



3. Attendance by the Public - All meetings of the Council shall be open and public in accordance with the terms, provisions and exceptions consistent with the Ralph M. Brown Act (Government Code sections 54950, et seq.).



4. Comments for the Record - If a Councilmember desires for a comment to be included in the minutes, it is his or her responsibility to indicate that the statement is for the record before making the comments.



5. Action Agenda Items - In accordance with the Ralph M. Brown Act, the Council may not take action on any item that did not appear on the posted Council agenda 72 hours prior to the Council meeting unless an exception is made as permitted under Government Code section 54954.2.



6. Special Presentations - All special presentations will be calendared and coordinated through the City Clerk and will be limited to one per meeting, to be held at the beginning of the meeting and shall not exceed 15 minutes for each Council Meeting.



7. Councilmember Reports - The Council Reports section of the agenda provides Council the opportunity to briefly comment on Council business, city operations, city projects, attendance at meeting(s) attended as a City-appointed Representative and other items of interest to the Council. This is also the opportunity for a Councilmember to request a specific issue come back on a future agenda for consideration and possible action as set forth in paragraph 9 below or to request a majority consensus of the Council to direct staff to research, explore, examine or make inquiry into a specific item of interest.



8. Placement of Item on Future Agenda – Under Councilmember Reports, a Councilmember may request that an item be placed on a future agenda. Upon a majority of the Council by a show of hands, direction shall be given to the City Manager to calendar the item for a future agenda.



9. Consent Calendar - Agenda items removed from the consent calendar by Councilmembers or the public will be considered at the conclusion of the vote taken under Adoption of the Regular and Consent Agenda at the Consent Forward section of the agenda. A Councilmember may vote “No” on any consent item without comment or discussion prior to taking the vote to adopt the agenda.  Any comments, questions or discussion on an item will require pulling the item from the consent calendar.



10. Standard Adjournment – The Council establishes 7:00 p.m. as the hour of adjournment and will not continue beyond 7:00 p.m. without a majority vote of the Council.



11. Teleconferencing- provided in the Brown Act, teleconferencing (a meeting connected by electronic means, through either audio or video, or both, when the members are in different locations) may be used for all purposes during any meeting.  At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction (i.e. City of South Lake Tahoe limits).  Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, if applicable.  Agendas must be posted at each teleconference location, even if a hotel room or a residence.  Each teleconference location must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate.  The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.  All votes must be by roll call.

II.       RULES OF CONDUCT

1. General Procedure - It is the policy of the Council not to become involved in the entanglements over parliamentary procedure. The Council shall conduct their meetings consistent with Rosenberg’s Rules of Order, as modified in these protocols and are subject to the City Attorney’s ruling on the matter.



1. Addressing Members of the Public and Staff - In addressing the public and members of the City’s staff, Councilmembers will generally refer to persons as Mr., Mrs., or Ms. followed by their surname. 


2. Authority of the Chair - The Mayor shall have the authority to prevent the misuse of motions, or the abuse of any privilege, or obstruction of the business of the Council by ruling any such matter out of order.  In so ruling, the Mayor shall be courteous and fair and should presume that the moving party is acting in good faith.



3. Mayor to Facilitate Council Meetings - The Council has delegated the responsibility and expanded the role of the Mayor to include the facilitation of Council meetings.  In the role as facilitator, the Mayor will assist the Council to focus on their agenda, discussions and deliberations.



4. Council Deliberation & Order of Speakers - The Mayor has been delegated the responsibility to control the debate and the order of speakers.



5. Limit Deliberations to Item at Hand - Councilmembers will limit their comments to the subject matter, item or motion being currently considered by the Council. 



6. Length of Council Comments - Councilmembers will govern themselves as to the length of their comments or presentation. As a courtesy, the Mayor will signal by hand to a Councilmember who has been speaking for over five (5) minutes.  The intent of the hand signal is a courtesy to let the Councilmember know they have been speaking for approximately five minutes and may want to consider wrapping up their comments.  This procedure is not meant to limit debate or to cut comments short, but rather to assist Councilmembers in their efforts to communicate concisely.



7. Obtaining the Floor - Any member of the Council wishing to speak must first indicate to the Mayor their desire to speak by electronically pressing their “call to speak” button. The Councilmember shall then wait for the Mayor to recognize and call upon the Councilmember to obtain the floor.  The Mayor must recognize any Councilmember who seeks the floor when appropriately entitled to do so.



8. Motions - Motions may be made by any member of the Council, including the presiding officer, providing that before the presiding officer offers a motion, the opportunity for making a motion should be offered to other members of the Council.  Any member of the Council, other than the person offering the motion, may second a motion.



9. Procedure for Motion - The following is the general procedure for making motions:


1. Before a motion has been properly made and seconded, the Mayor shall open the matter for discussion offering the first opportunity to the moving party and, thereafter, to any Councilmember properly recognized by the Mayor.


2. Once the matter has been fully discussed and the Mayor calls for a vote, no further discussion will be allowed, however, Councilmembers may be allowed to explain their vote.



10. Tie Votes - A tie vote results in a lost motion.  In such an instance, any member of the Council may offer a motion for further action.  If there is no action by an affirmative vote, the result is no action.  If the matter involves an appeal, and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision‑making person or body from which the appeal was taken.



11. Abstention - If a Councilmember abstains from voting, except when abstaining due to a conflict of interest, he/she is counted as present for quorum purposes, but, is not deemed to be “voting” for purposes of determining whether there has been a “majority vote of those members present and voting.”  If the member abstains due to a conflict of interest, the Councilmember will not be counted toward making a quorum, and will not be deemed to be “voting” for purpose of determining whether there has been a “majority vote of those members present and voting.”



12. Motions for Reconsideration
1. Requests for Motions for reconsideration of a matter may be made at the same meeting or by request to the City Manager within 48 hours after the conclusion of the meeting following a Council action and shall be scheduled for the next meeting.
2. A proposed motion for reconsideration at the next succeeding meeting must comply with Brown Act noticing requirements.
3. Motions for reconsideration may only be made by a Council member that voted with the majority of the City Council on the action proposed to be reconsidered by the Council.  In the case of a tie vote, the prevailing side or majority of the Council will be deemed to be those Councilmembers who voted in the negative.
4. Any member of the Council may second a motion for reconsideration.

1. General Procedure - The Council procedure for the conduct of public hearings is generally as follows:
1. The Mayor opens the public hearing.
2. Staff presents its report.
3. Councilmembers may ask questions of staff if they so desire.
4. The applicant then has the opportunity to present comments, testimony or arguments.
5. Members of the public are provided with the opportunity to present their comments, testimony or argument.
6. The applicant and staff may be given an opportunity for rebuttal or concluding comments
7. The public hearing is closed.  No further public comment is allowed.
8. The Council deliberates on the issue and takes action.
9. If the Council raises new issues through deliberation and seeks to take additional public testimony (questions of the public, applicant or appellant), the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing is again closed.
10. The Council deliberates and takes action.
11. The City Clerk announces the final decision of the Council.


2. Time for Consideration - Matters noticed to be heard by the Council will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and will continue until the matter has been completed or until other disposition of the matter has been made.



3. Public Discussion at Hearings - When a matter for public hearing comes before the Council, the Mayor will open the public hearing.  Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter.
1. Public Member Request to Speak  - Any person desiring to speak or present evidence shall make his/her presence known to the Mayor and upon being recognized by the Mayor, the person may speak or present evidence relevant to the matter being heard.  No person may speak without first being recognized by the Mayor.
2. Council Questions of Speakers - Members of the Council who wish to ask questions of the speakers or each other during the public hearing portion may do so but only after first being recognized by the Mayor.  Interaction with the speaker shall be limited to a question or questions, rather than an ongoing dialogue. Councilmembers should avoid raising questions as a method to extend the allocated time for a speaker.
3. Public Oral Presentation- All Council rules pertaining to oral presentation by members of the public apply during public hearings.
4. Materials for Public Record - All persons interested in the matter being heard by the Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. The City Clerk as part of the Clerk's record of the hearing will retain all such evidence presented, unless otherwise directed.
5. Germane Comments - No person will be permitted during the hearing to speak about matters or present evidence which is not germane to the matter being considered.  A determination of relevance shall be made by the Mayor.


4. Communications and Petitions - Written communications and petitions concerning the subject matter of the hearing will be noted, by the City Clerk.  A reading in full shall take place if requested by any member of the Council.

1. Staff Reports and/or Applicant Presentations- Staff is requested to provide an executive summary of their written staff report. Applicant presentations shall be limited to no more than fifteen (15) minutes. Longer presentations must be approved by the City Manager prior to the Council meeting.


2. Oral Comments by Members of the Public - Oral comments by members of the public at City Council meetings are as follows:



1. Oral comments may not exceed five (5) minutes, unless otherwise provided.
2. When called upon, the person should come to the podium, state his/her name for the record, and, if speaking for an organization or other group, identify the organization or group represented.
3. All remarks should be addressed to the Council as a whole, not to individual members.


3. Public Communications ‑ This is the public’s chance to speak on any topic not listed on this agenda. In compliance with Government Code Section 54954.3 (Chapter known as the “Brown Act”), Public Communications is that portion of City Council meetings set aside for members of the public to address the City Council on items of any City business other than scheduled agenda items. Council Deliberations are Prohibited – In compliance with the Brown Act, the Council may not deliberate or vote on any matter raised in Public Comments.  The Mayor, however, may request the City Manager to provide additional information on a matter of general interest to the full Council or the public at large.  To ensure compliance with the Brown Act, items requiring discussion or action by the Council should be scheduled for a future agenda.  This portion of the meeting is not video taped.  All speakers are encouraged to complete a Speaker Form, which is located on the podium near the rear of the Council Chambers, and to submit it to the City Clerk who will provide it to the Mayor prior to the commencement of the meeting.



1. Timing - Public Communications are generally permitted at the beginning of a Council meeting, as specified on the City Council agenda as set forth above, in accordance with the Brown Act.  The Mayor shall request that comments should be held to three (3) minutes, or less. If the Mayor has knowledge at the beginning of the public comment period that several members of the public are present to comment on a particular issue, he/she may ask for a show of hands of those individuals requesting to comment on the issue. If ten (10) or more individuals are present to speak on the issue, the Mayor may limit their comment time to two (2) minutes, or he/she may ask that a spokesperson be appointed to represent and speak on behalf of those individuals collectively.


2. Council Deliberations Prohibited – In compliance with the Brown Act, the Council may not deliberate or vote on any matter raised in Public Comments. The Mayor, however, may request the City Manager to provide additional information on a matter of general interest to the full Council or the public at large. To insure compliance with the Brown Act, items requiring discussion or action by the Council should be scheduled for a future agenda.


4. Agenda Item Oral Presentations ‑ Any member of the public wishing to address the Council orally on City business matters appearing on the Council agenda may do so when that item is taken up by the Council, or as otherwise specified by the Council or its presiding officer.
1. Time Limit - Oral presentations may not exceed five (5) minutes unless otherwise provided.
   
   The Mayor, with the concurrence of the City Council, may alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item.
2. Presentations Submitted in Writing - Persons who anticipate oral presentations exceeding five (5) minutes are encouraged to submit comments in writing at the earliest possible time, for distribution to the Council and other interested parties. Comments should be submitted sufficiently in advance of the scheduled meeting date to insure distribution to the Council prior to the meeting.


5. Power Point Presentations – Members of the public may present a Power Point software presentation to the Council utilizing the City’s audio/visual equipment, provided that the public make their request to the City Clerk 72 hours in advance of the meeting in order to coordinate with the Information Systems Division for the use of the equipment.



1. All Power Point presentations must comply with applicable time limits for oral presentations and cumulative time limits.  Presentations should be planned with flexibility to adjust to any changes in these time limits.
2. A printed hard copy of the Power Point presentation must be provided to the City Clerk for the public record. 


6. Comments in Writing Encouraged - Members of the public may submit, and are encouraged to submit, comments in writing to the City Council in care of the City Clerk relating to any items of City business, whether on the City Council agenda or otherwise.  Such written comments will be distributed to members of the Council and considered and acted upon, or not acted upon, as the City Council in its judgment may deem appropriate.


7. Comment Cards - Members of the public who do not wish to or cannot verbally address the Council during a meeting may use Comment cards. A person may indicate their comments and their opposition or support for an agenda item on a comment card.
   

   During the public testimony of the item, the Mayor shall ask the City Clerk if any comment cards have been received, and ask the Clerk to note the number of comment cards received and the name of person(s) in support or opposition of the project or issue.  The minutes will reflect the Councils receipt of comment cards in opposition and support of the project or issue.

8. Repetitious or Dilatory Comments Prohibited


1. A speaker shall not present the same or substantially same items or arguments to the Council repeatedly or be repetitious or dilatory in presenting their oral comments. If a matter has been presented orally before the Council, whether the Council has taken action, or determined to take no action, the same or substantially same matter may not be presented orally by the same person any further.
   
   Nothing in the foregoing precludes submission of comments to the City Council in writing for such action or non‑action as the Council, in its discretion, may deem appropriate.
2. In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged.

   Whenever any group of persons wishes to address the Council on the same subject matter, those persons are encouraged to designate a spokesperson to address the City Council.  With the consent of the City Council, the Mayor may extend the time allocation for a designated spokesperson.

9. Suspending of the Rules - Any of the foregoing rules may be waived by two-thirds (2/3) vote of the Councilmembers present when it is deemed that there is good cause to do so based upon the particular facts and circumstances involved.


10. Non Exclusive Rules - The rules set forth are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its presiding officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.

V.    APPEALS

1. General Procedure - The Council procedure for the conduct of appeals is generally as follows:


1. The Mayor explains the Council is considering the appeal of __________ regarding _________________ , and confirms that notice of the appeal hearing has been given to the appellant.


2. Council hears evidence and testimony in the following order:


1. Any opening statement or remarks by the appellant and/or appellant's attorney and evidence or testimony from the appellant (requested time limit - 10 minutes) followed by any questions by Councilmembers or others (including staff) who wish to ask questions (suggested time - 3 minutes per Councilmember).


2. Any evidence or testimony from staff members concerning any issues raised surrounding this matter (time scheduled - 10 minutes), followed by any questions by the appellant and Councilmembers.


3. Any evidence or testimony from the appellant and/or appellants attorney in rebuttal to or in clarification of any other evidence or testimony presented, and any closing statement or remarks that the appellant wishes to make (requested time limit - 5 minutes).


3. The Mayor shall conduct the appeal in such a manner as to afford due process to the appellant.


4. Following the presentation of testimony, the Council deliberates on the evidence and testimony presented, and votes on whether to grant the appeal, provided they have all the necessary information. If issues are raised during the appeal hearing that cannot be immediately responded to by Staff, the Hearing should be continued to have such information available for the appeal process.


5. The City Clerk announces the final decision of the Council.

1. Subcommittees - City Council subcommittees are formed on an as needed basis with a clearly defined purpose and term.  Subcommittees will consist of two Councilmembers agreed upon by a consensus of the Council.  Meetings of the Council subcommittees are not open to the public, unless specified by the Council.



2. Councilmember Appointments & Assignments- The City Council shall conduct a workshop at the second meeting in January of each year to discuss appointments and assignments to various boards and commissions and then votes on the list at their next regular meeting.  A copy of the list is made a part of the public record and kept on file in the City Clerk’s Office.



3. Mayor to Act as Council Ceremonial Representative - The Mayor has been delegated the responsibility to act as the City Council’s ceremonial representative at public events and functions.  In the Mayor’s absence, the Mayor Pro Tem assumes this responsibility.  In both the Mayor and Mayor Pro Tem's absence, the Mayor will appoint another Councilmember to assume this responsibility.  The Mayor may use the Council’s Meetings and Travel Budget to pay for such functions.



4. Councilmember Participation in Community Activities - From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. This is allowable under the Brown Act.  The Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization.  The Brown Act may nevertheless be violated if the majority engages in a collective deliberation process outside a scheduled meeting of the body.  The term meeting is not limited to gatherings at which action is taken but also includes deliberative gatherings.



5. Workshops – A workshop is a time to study or examine a particular issue in greater depth and to allow additional time for questions. A workshop may be held during a regular or special meeting and generally no formal action will be taken on workshop items or during a workshop.  Questions raised during workshops by Councilmembers and/or members of the public will be directed to staff.  Staff may request a brief recess in order to provide verbal answers not readily available, or, the information may be provided to the Council at the time the item is placed back on the agenda for further discussion and action.


6. City Attorney as Protocol Advisor – The City Attorney assists the Mayor as a resource to confer with and an advisor for interpreting the City Council’s adopted protocols.



7. Applicability of Protocols- The City of South Lake Tahoe City Council Protocols shall also apply to the City Council when sitting as other entities or agencies.



8. Conflicts of Interest – No Councilmember shall make, participate in making, or in any way attempt to use his or her official position to influence a decision on any issue when prohibited from so doing by law. A Councilmember disqualified from participation due to a conflict of interest shall not be considered present at the meeting for the item(s) of business on which such member is disqualified.

(Last Amendment 8/18/09)

References: Ralph M. Brown Act
                  Rosenberg’s Rules of Order