HomeMy WebLinkAboutCC Boards, Commissions and Committees Rules and Procedures____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: March 20, 2023
Disposition: Resolution 15196
Agenda Item No: 4.d
Meeting Date: March 20, 2023
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________
TOPIC: BOARDS, COMMISSIONS & COMMITTEES RULES AND PROCEDURES
SUBJECT: RESOLUTION APPROVING BOARDS, COMMISSIONS & COMMITTEES RULES AND
PROCEDURES
RECOMMENDATION:
Adopt Resolution approving the Boards, Commissions and Committees Rules and Procedures
BACKGROUND:
Boards, commissions, and committees (“BCC’s”) are advisory bodies made up of volunteer community
members who are appointed by the City Council to serve in an advisory role by reviewing and making
recommendations to the City Council on matters within a certain purview. In addition to advising the City
Council, some BCC’s, such as the Planning Commission, have ministerial duties. BCC’s are created to
serve the public and they are able to do so when members of those BCC’s are professional, efficient,
and prepared to discuss matters for their consideration. The City of San Rafael has 10 active BCC’s,
which are either established by the voters (through a ballot initiative), by resolution of the City Council, or
ordinance (and codified in the San Rafael Municipal Code).
Rules and Procedures
In 2022, the City commenced a project to update the governance, rules and procedures of its BCC’s to
standardize the program. In June 2022, the City Council approved modifications to the Park and
Recreation Commission, Planning Commission and Bicycle and Pedestrian Advisory Committee in an
effort to improve efficiencies of our boards and commissions, and standardize our structure of bylaws
across our boards and commissions program. On September 6, 2022, the City Council consolidated our
oversight committees and established a single Voter Approved Tax Oversight Committee in an effort to
improve efficiencies, increase volunteer participation and reduce staff times in management of the
Committees. On October 3, 2022, the City Council made changes to the Board of Library Trustees,
Design Review Board, and the Fire Commission as the last round of modifications to active boards, which
standardized each board and commission in our program. At this meeting of March 20, 2023, the City
Council will consider changes to the ADA Access Advisory Committee. The next phase of our boards
and commissions update project is to create a rules and procedures document to assist our community
volunteers, Staff Liaisons and members of the public in understanding the process of public meetings
and expectations.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Uniform Naming Conventions
As mentioned in the Background of this report, there are different ways our BCCs have been established,
dating back to 1913 when San Rafael became a Charter City. The original BCCs included in the Charter
were the Park and Recreation Commission, Fire Commission and Board of Library Trustees. Since then,
many other BCCs were established with naming conventions, ranging from Commissions to Committees,
and all BCCs established since 1986 have been named ‘Committees’, with the exception of the Public
Art Review Board. There is no set naming convention for our BCCs, which leaves Staff Liaisons to create
a name that sounds best when establishing a Committee.
Staff is currently working on a Charter update that may address the three Chartered BCCs in general.
Depending on the outcome of this project, Staff may be able to easily change the names of our BCCs. If
that is the direction staff proceeds with, the City Council supports and the voters approve, then Staff could
consider changing the current naming conventions as a whole. Regardless of the outcome of the Charter
update, staff will be consistent with naming conventions for any newly established BCCs by naming them
‘Committees’.
Criteria for Applicant Selection
Some Councilmembers were interested in the creation of selection criteria, through a diversity, equity
and inclusion lens, for how the Mayor and Council Liaison select which applicants move onto the next
phase of the interview process. In theory, the criteria is a good solution for having a one-size-fits all guide
on how to select applicants to move forward. This is easy when staff considers the number of incomplete
applications we receive, but there are times where there are 10 qualified applicants and one single
vacancy. Staff plans to document a process for selecting applicants to move forward, but not a concrete
process that would limit the ability to reduce applications as needed.
City Council Liaison
Feedback was received to add a section under Staff Liaison duties to coordinate a meeting between the
chair and the City Council Liaison or facilitate the City Council Liaison’s attendance at a BCC meeting
annually. In addition to this, staff added a section to include the City Council Liaison in the email the Staff
Liaison sends to Commissioners with the agenda packet materials in advance of the meeting. Staff
included this feedback in the attached Rules and Procedures.
Ralph M. Brown Act
Feedback was received to include more information on the Ralph M. Brown Act, and the importance of
Commissioners not communicating about City business outside of publicly noticed meetings. Staff
included this feedback by attaching a summary of the Brown Act to the Rules and Procedures document.
Annual Survey
Feedback was received to conduct an annual survey for Commissioners to provide feedback on their
satisfaction in serving on a BCC. Staff will conduct a survey on an annual basis.
Translation
Feedback was received to have the Rules and Procedures document translated into Spanish. If
approved, the City Clerk’s office will have the Rules and Procedures document sent to qualified
translators, certified by the State of California, to translate the document.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
COMMUNITY OUTREACH:
A draft of the staff report and Rules and Procedures document was sent to active BCC members and
community members who had expressed interest in BCC’s, in preparation for the meeting of February
21, 2023. Staff received feedback through correspondence and responded to questions posed by the
community during the City Council meeting. Questions and recommendations were submitted with regard
to the formality of meetings, Chair and Vice Chair appointment, Alternate Members, appointment process,
agenda item submissions, and the City Council Liaison role.
Formality of Meetings
Correspondence was received with regard to the efficiency of meetings in a formal setting. The Brown
Act requires certain formalities in the conduct of meetings of the BCCs which are incorporated into the
Rules and Procedures.
Chair and Vice Chair Appointment
Correspondence was received questioning the purpose of the ‘election’ of Chair and Vice Chair on an
annual basis if they are pre-designated by tenure. The purpose of this section is to provide flexibility for
a Commissioner to reject the nomination if they so choose. That said, staff desires to set a precedent of
an active rotation of Chair and Vice Chair so that any one Commissioner is not Chair or Vice Chair for
multiple years. Section 2.7 of the Rules and Procedures document would not apply in the event the Staff
Liaison serves as the Chair, per the bylaws.
Alternate Members
Correspondence was received to have two Alternate Members assigned to each BCC. The City Council
has the authority to appoint Alternate Members as they desire, and many of our BCCs do have Alternate
Members. Staff disagrees with the recommendation to require two Alternate Members per BCC. The
correspondent’s intent with this recommendation was to make sure BCCs don’t have issues with quorum.
If this issue arises, staff will hold a special meeting of the City Council to interview applicants and make
an appointment.
Appointment Process
Correspondence was received regarding the appointment process and the selection of applicants to
move forward for interviews. Staff responded to this section in the Analysis section of this staff report. In
addition, staff recommends continuing with the appointment process for meeting efficiency, and to
respect the time of applicants. The correspondence received commented that the February 21, 2023
Staff Report stated “the benefits to the semi-annual appointment model [are that] … staff could more
quickly fill unexpired terms from unexpected vacancies due to resignation.” This was a
mischaracterization. Staff would not ‘fill’ unexpired terms, but instead the staff report should have read
“…staff could more quickly start the process to have unexpired terms filled through appointment by the
City Council.”
Agenda Item Submission
Correspondence was received requesting that the Rules and Procedures document include the ability of
Commissioners and the public to add items to the agenda. Any member of the public can address the
BCC and the Staff Liaison during the Open Time period on the agenda and request an item be brought
to the BCC. In addition, Commissioners may contact the Staff Liaison and request a specific topic be
considered or introduced to the BCC. Ultimately, the Staff Liaison sets the agenda based on department
priorities and the City Council’s goals and priorities. If a member of the public or Commissioner disagrees
with the Staff Liaison’s decision not to place an item on the agenda, they are welcome to contact the City
Council liaison to the BCC, the City Council by correspondence, or by providing public comment at a City
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Council meeting during Open Time in the Rules and Procedures to reflect this information. This process
has been added to the Rules and Procedures.
City Council Liaison
Correspondence was received regarding the Mayor’s role as a back-up for the City Council liaison, noted
in the Rules and Procedures as “additionally, the Mayor may act in the acting role of the Council Liaison
for each BCC.” In the discussion at the February 21 City Council meeting, staff clarified the intent of this
sentence and added “in their absence” to the Rules and Procedures.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
RECOMMENDED ACTION:
Adopt the resolution approving the Boards, Commissions and Committees Rules and Procedures.
ATTACHMENTS:
1. Resolution
2. City of San Rafael Boards, Commissions and Committees Rules and Procedures
3. Correspondence received after February 21, 2023
RESOLUTION NO. 15196
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
BOARD, COMMISSION & COMMITTEE’S RULES AND PROCEDURES
WHEREAS, the City Council wishes to establish consistent rules and procedures
for the operation of its boards, commissions and committees; and
WHEREAS, staff recommends adoption of the Board, Commission and
Committee’s Rules and Procedures, attached hereto as Exhibit A, which include specific
rules and practices for the operation of boards, commissions and committees.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts the
Board, Commission and Committee’s Rules and Procedures attached hereto as Exhibit A.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on Monday, the 20th day of March 2023, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Kertz & Llorens Gulati
LINDSAY LARA, City Clerk
EXHIBIT A: BOARD, COMMISSION AND COMMITTEE RULES AND PROCEDURES
Boards, Commissions and Committees
Rules and Procedures
Adopted on March 20, 2023
by Resolution No. 15196
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City of San Rafael, Boards, Commissions and Committees
Rules and Procedures
Table of Contents
Chapter 1. Purpose and Overview ................................................................................ 3
Chapter 2. Duties .......................................................................................................... 4
Chapter 3. Rules of Decorum ....................................................................................... 9
Chapter 4. Meetings.................................................................................................... 10
Chapter 5. Communication ......................................................................................... 13
Chapter 6. Selection Process ..................................................................................... 14
Chapter 7. Attachments .............................................................................................. 15
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Chapter 1. Purpose and Overview
The City of San Rafael has a long and proud tradition of open government, and civil and
intelligent public discourse. These Boards, Commissions and Committees Rules and
Procedures (“Rules”) are assembled for the purpose of providing protocols and procedures
for the conduct of governmental business by San Rafael’s various boards, commissions
and committees (“BCC’s”), including conduct of meetings, preparation of agenda items,
scheduling of meetings, public participation, and appointment to and removal from boards,
commissions, and committees. These rules are intended to enhance public participation
and debate so that the best possible decisions are made for San Rafael. These rules apply
to all public bodies of the City of San Rafael with the exception of the City Council.
Appointed board, commission, and committee members and Staff Liaisons are expected
to understand and comply with these Rules.
For purposes of this document, all City boards, commissions and committees other than
the City Council are referred to as “BCC’s” and all their respective members are referred
to as “Commissioners”.
These rules have been formally adopted by resolution of the City Council (Resolution No.
15196) and are subject to review. If during the course of their official duties Commissioners
encounter an item that affects the business of the BCC and that item is not covered in this
document, the BCC shall not take action and the Staff Liaison shall consult the City
Attorney.
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Chapter 2. Duties and Responsibilities of Commissioners
1. Duties of the Chair
A. All City BCC’s elect a presiding officer, known as the Chair, for a one-year
period; appointment procedures are set forth in greater detail below. BCC’s
may have the Staff Liaison serve as the Chair. However, where the Staff
Liaison serves as the Chair they shall neither vote nor deliberate on BCC
matters. The Staff Liaison shall serve in a purely advisory role, unless
otherwise specified in the bylaws.
B. The Duties of the Chair shall include the following:
i. Ensure that consideration of items on the agenda move along without
delay.
ii. Ensure that community input is received, if any.
iii. Ensure that decorum is maintained at the meeting.
iv. In presiding over agendized matters where the public has provided
testimony and/or raised questions:
a. Direct questions or comments requiring a response to staff for a
response.
b. If necessary, help keep Commissioners’ questions relevant to the
matter being considered by the BCC.
c. If necessary, consider calling for a brief recess, or adjournment,
if orderly conduct of the meeting is being disrupted.
d. Announce the decision of the BCC on all subjects.
v. To ensure that each member of the BCC is provided an opportunity to
completely express their views on items of business, recognize each
Commissioner and give them the opportunity to provide feedback.
2. Duties of Vice Chair
In the absence of the Chair, a Vice-Chair shall possess all powers of the Chair and
be subject to all prescribed duties for that position during the Chair’s absence.
3. Duties of Commissioners
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A. Attend and arrive on time for all BCC meetings.
Attendance at any regularly scheduled meeting is a necessary part of being an
effective Commissioner. If a Commissioner is unable to attend a regularly
scheduled meeting, the Commissioner shall notify the Staff Liaison in advance
of a regularly scheduled meeting to have an excused absence.
B. Review all meeting materials in preparation for BCC meetings.
4. Duties of Alternates
A. Attend and arrive on time for all BCC meetings.
Attendance at any regularly scheduled meeting is a necessary part of being an
effective Alternate Commissioner. If a Commissioner is unable to attend a
regularly scheduled meeting, the Commissioner shall notify the Staff Liaison in
advance and the Alternate Member shall be notified of their attendance as a
full voting member, and be recognized as such during the roll call.
B. Review all meeting materials in preparation for BCC meetings.
C. Vote in the absence of a full voting member.
D. If more than one Alternate member exists, there shall be a pre-determined first
and second Alternate, and they shall alternate between first and second
Alternate member annually. First Alternates shall vote in the absence of one
voting member, and Second Alternates shall vote in the absence of a second
voting member.
E. If no full voting member is absent, the Alternate Member shall still attend
meetings, deliberate, and ask questions of staff, but shall not vote.
5. Duties of Staff Liaison
A. The City Manager or their designee shall designate a Staff Liaison to each
BCC. The Staff Liaison has the following responsibilities:
i. Prepare meeting agendas and staff reports (verbal or written as needed).
ii. Notify the City Clerk of consecutive unexcused absences, issues with
attendance, resignations, and Commissioner’s change of contact
information.
iii. Ensure that sufficient research and analysis has been performed by City
staff to allow an informed discussion by the BCC on matters before them.
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iv. Help facilitate and advise the Chair on meeting management.
v. Ensure that all City departments with subject matter expertise have an
opportunity for input before bringing an item forward for BCC consideration.
vi. Ensure that meeting materials, including a sufficient number of agendas,
and at least one binder of all related staff reports being presented (if any)
at that meeting, are available in physical print format for the public to
examine at the meeting.
vii. Ensure all agendas include the following notice for accessibility services:
Any records relating to an agenda item, received by a majority or more
of the Council less than 72 hours before the meeting, shall be available
for inspection online and in the [location where meeting is held] placed
with other agenda-related materials on the table in front of the meeting
location prior to the meeting. Sign language interpreters may be
requested by calling (415) 485-3066 (voice), emailing
city.clerk@cityofsanrafael.org or using the California
Telecommunications Relay Service by dialing “711”, at least 72 hours
in advance of the meeting. Copies of documents are available in
accessible formats upon request. To request Spanish language
interpretation, please submit an online form at
https://www.cityofsanrafael.org/request-for-interpretation/.
viii. Produce action minutes for each meeting.
ix. Ensure all meeting materials and any other documents submitted to the
BCC at the meeting are retained and stored as material in connection with
that meeting, according to the City’s retention policies.
x. Coordinate with the City Council Liaison once per year to either attend a
BCC meeting or meet with the Chair.
xi. Include the City Council Liaison in the email to Commissioners with the
agenda packet materials.
B. The Staff Liaison, along with the City Clerk, is responsible for ensuring that
appointed Commissioners are oriented about policies and procedures as they
relate to the BCC.
6. Duties of City Council Liaison
A. On an annual basis, the City Council designates liaison positions to the BCCs.
The role of the liaison is to generally stay abreast of the activities of the BCC
which may include attending one or more meetings per year, checking in with
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the Chair of the BCC on a quarterly basis, reporting out on significant activities
during City Council meetings as needed, assisting in culling down applications
into an interview list when there is a vacancy, and providing a “mentor” role for
the needs of the BCCs which could relate to answering procedural questions,
facilitating training, or other assistance. Additionally, the Mayor may act in the
acting role of the Council Liaison for each BCC in their absence.
7. Appointment of Chair and Vice-Chair
A. The Chair and Vice-Chair shall be appointed by a majority vote of the BCC
membership at the last meeting of each calendar year, to serve for a one-year
term. The Chair and Vice-Chair shall rotate among the Commissioners based
on tenure, as defined by total years of service. The City Council believes that
experience as a Commissioner will assist those who are selected to serve as
Chair or Vice-Chair, and that it is in everyone’s best interest that candidates
have experience in cycles of governing to acclimate themselves to the jobs,
tasks, and roles of the BCC. In the event the years of service are identical,
tenure will be determined in alphabetical order by last name. It is the general
rule that a Commissioner shall not serve as Chair more than once in the
number of years there are members. However, in the event that:
1. a position is vacated;
2. a Commissioner is not interested in serving as an officer; or
3. there is limited tenure among the other Commissioners, then a
Commissioner may be appointed as an officer more than once in the
number of years there are members.
B. The Vice-Chair shall serve as Chair in the following year and shall be appointed
as such at the last meeting of each calendar year.
C. The Chair and Vice-Chair may not succeed themselves in the same position.
However, in the event the current Chair or Vice-Chair has served less than one
year, the BCC may choose to re-elect them for an additional term.
D. The Vice-Chair shall succeed the Chair if the Chair vacates the office and shall
serve the unexpired term of the Chair. The BCC shall elect a new Vice-Chair
to serve the unexpired term of that office. Selection shall be based on seniority.
E. In the absence of the Chair and Vice-Chair at any meeting of the BCC, the
member of the BCC with the longest tenure, as defined by total years of
service, shall preside over the meeting. In the event the years of service are
identical, seniority will be determined by alphabetical order.
F. This section shall not apply to BCCs where the Staff Liaison serves as the
Chair, per the bylaws.
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8. Removal and Resignation
A. Removal
Commissioners serve at the pleasure of the City Council and Commissioners
shall be subject to removal by a majority vote of the City Council.
B. Resignation
A Commissioner who wishes to resign shall submit their resignation in writing
to the Staff Liaison. The resigning Commissioner shall provide as much notice
as possible.
C. Voluntary Resignation
Unexcused absence from consecutive meetings, specified in the BCC Bylaws,
shall be considered a voluntary resignation.
Previously dismissed Commissioners may be eligible for reappointment to the
BCC.
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Chapter 3. Rules of Decorum
1. At all public meetings, commissioners shall:
A. Always put the community’s interests first by making decisions with the interest
of the community at‐large in mind and avoid representing personal interests;
B. Treat each other, councilmembers, staff, and members of the public with
dignity, courtesy, and respect;
C. Not interrupt speakers or other members, allow them to finish their presentation
before asking questions;
D. Not engage in discussion with a member of the public;
E. Be attentive to others, limiting interruptions and distractions;
F. Encourage diverse viewpoints in debate while being mindful not to prolong
discourse or block consensus;
G. Agree to respectfully disagree with fellow Commissioners;
H. Keep comments clear, concise, and on‐topic;
I. Start and end meetings on time and work from the agenda;
J. Present problems in a way that promotes discussion and resolution;
K. Meet with the Council Liaison to the BCC when requested.
2. Commissioners are subject to all the provisions of the City’s Policy Against
Harassment, Discrimination and Retaliation and all other Human Resources
policies that apply to the City Council.
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Chapter 4. Meetings
1. All BCC decisions must be taken at BCC meetings. Before acting, the BCC may take
testimony from, and be provided information by, project applicants, interested
members of the public, or City staff.
2. No business may be transacted by the BCC at a regular or special meeting unless a
quorum of the membership is present. A quorum requires a majority of the total
number of Commissioners on the BCC to be present (i.e., 50% plus one of those
currently appointed).
3. Types of Meetings
A. Regular Meetings are those identified in the adopted meeting schedule.
1. BCC’s shall hold meetings at the regularly scheduled date and time for
the BCC’s meetings.
2. BCC’s shall adopt a schedule of meetings as close to December 15 as
possible on an annual basis, which shall become the regular meeting
dates of the BCC.
3. Regular meeting dates may be amended by the BCC.
B. Special Meetings are called at non‐regular meeting date and times. They are
called by the Staff Liaison with a minimum of 24 hours’ notice, versus 72 hours’
notice for regular meetings.
1. If at any time any regular meeting of the BCC falls on a holiday, if it is
known that a quorum will not be available, or if there are items of
business that require scheduling at a special meeting due to the need
to take action prior to a regular meeting or that require a meeting
devoted to the subject matter proposed for the meeting, a Special
Meeting may be scheduled to the earliest convenient time.
C. Study Sessions are meetings that are held for the purpose of providing
information to the BCC, particularly on issues that are more complex or more
time‐consuming than matters typically scheduled on regular meetings. At study
sessions Commissioners may collectively provide direction to City staff.
Typically, no action is taken at the study sessions; the public may provide
comments.
D. Closed Sessions at the BCC level would be very rare and would only occur
at the direction of the City Attorney.
E. Emergency Meetings are allowed per the Ralph M. Brown Act.
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4. Voting
A motion, second, and a vote of the BCC shall be required for any formal action of
BCC. In the absence of a contrary law, the number of votes required to take action is
a majority of a quorum.
Votes shall be called using a roll call vote where each Commissioner shall indicate
their vote verbally after their name has been called.
5. The Chair may change the order of hearing of items on the agenda.
6. Public Participation
A. All members of the public are encouraged and invited to participate in the
legislative process of the City’s BCC’s; including by submission of comments
to the Staff Liaison before the meeting or speaking in-person at the scheduled
meeting.
B. All communications addressed to Commissioners received by the Staff Liaison
or their designee are relayed to the appointed body.
C. It is the intent of these rules to allow everyone to be heard without fear of
responses that may discourage public participation. For these reasons, these
rules are taken seriously. Disruptive or unruly behavior may result in removal
from the BCC meeting.
7. Ralph M. Brown Act
All BCC meetings shall be open and public, and all persons shall be permitted to
attend any meeting of the BCC, except as otherwise provided in the Ralph M. Brown
Act relating to Closed Session (Government Code Sections 54950 et seq.). Meetings
will be accessible to all, with accommodations for accessibility issues made upon
request. Any person who disrupts the meeting may be asked to leave and be
removed.
8. Rosenberg’s Rules of Order
To the extent these Rules do not address an issue of parliamentary procedure for
legislative body meetings, Rosenberg’s Rules of Order: Simple Parliamentary
Procedures for the 21st Century shall apply.
9. Minutes
A. Decisions of BCC meetings are recorded in Action Minutes.
B. Action Minutes contain very little, if any, narrative content and do not capture
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details of public comment or Commissioner comments, questions and opinions.
The Staff Liaison is responsible for producing action minutes. Commissioners
may request correction only of factual errors when presented with the draft
minutes. No supplemental materials may be appended to minutes.
C. Media (audio/video) recordings, when employed, may be used to record the
complete minutes of the meeting including a verbatim record of meetings and
are kept as identified in the City’s Records Retention Schedule.
10. Agenda Item Submission
A. The Staff Liaison coordinates all agenda items for consideration on a given
agenda. In order to ensure that each item for discussion has been thoroughly
analyzed, a Staff Report shall be presented verbally or in writing as deemed
appropriate by the Staff Liaison.
1. The preparation of Staff Reports applies to all BCC’s in order to ensure:
i. The BCC has all the information needed to make a well‐informed
decision; and
ii. Any action is fully transparent to the public.
2. Staff Reports shall be part of the public agenda packet issued prior to
the meeting. Copies of the agenda, staff reports and supporting
materials shall be made available to the public at the meeting and online.
B. Members of the public may request an item be brought to the BCC during Open
Time at a BCC meeting, and Commissioners may contact the Staff Liaison and
request a specific topic be considered or introduced to the BCC. The Staff
Liaison sets the agenda based on department priorities and the City Council’s
goals and priorities. If a member of the public or Commissioner disagrees with
the Staff Liaison’s decision not to place an item on the agenda, they may to
contact the City Council Liaison to the BCC, the City Council by
correspondence, or by providing public comment at a City Council meeting
during Open Time.
11. Conflict of Interest
BCC’s must conduct business ethically and follow all state and local regulations,
including the Political Reform Act, Government Code section 1090 and the Ralph M.
Brown Act.
A. Whenever it appears to a Commissioner they may have a prohibited financial
interest in any City contract, or an item that may be presented to the BCC, the
Commissioner should consult with the Staff Liaison and the City Attorney at the
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earliest opportunity for advice on whether a disqualifying conflict of interest
exists.
B. If the City Attorney is consulted on such a matter, the City Attorney shall provide
their advice in writing, and shall provide a copy of their opinion to the BCC, the
Staff Liaison, and the City Clerk.
C. Commissioners shall not vote upon any matter on which they have a conflict
of interest, as determined by the Conflict of Interest Code or the City Attorney’s
Office.
D. Commissioners shall openly state the reason for their conflict of interest as
required by law or regulation.
E. Commissioners who are disqualified by a conflict of interest shall recuse
themselves from all deliberation and voting on the matter. The Commissioner
shall leave the dais and leave the room where the matter is not on the Consent
Agenda or involves deliberation by the Commissioners. The Commissioner
may return to the room and dais after final voting on the matter has occurred.
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Chapter 5. Communication
1. All communications are public records.
All letters, memoranda, and email communications involving Commissioners, the
subject of which relate to the conduct of government or the performance of any
governmental function, with certain exceptions as outlined in the Public Records Act,
are public records. Public records are subject to disclosure under the Public Records
Act.
2. Ralph M. Brown Act
Each Commissioner should be mindful of all of the requirements of the Brown Act in
communicating with each other.
3. Correspondence
A. Any correspondence from the public related to BCC business is considered a
public record that must be retained in accordance with the City’s Retention
Schedule; therefore, Commissioners should not solicit emails through their
personal email addresses but should direct the public to submit any
correspondence to staff who will distribute them to the Commissioners. If
Commissioners do receive correspondence relating to BCC business to their
personal email or home address, Commissioners shall forward all such
correspondence to the Staff Liaison.
B. Staff will not provide Commissioners personal email addresses to the public
without the Commissioner’s consent.
C. After the BCC has taken a position on an issue, official correspondence should
reflect this position. While Commissioners who may disagree with a position
are free to prepare correspondence on such issues as private citizens, City
letterhead, official BCC title, and staff support shall not be utilized.
D. City letterhead, logo, insignia and brand, as well as staff support cannot be
utilized for personal or political purposes.
4. Electronic Communication
A. All emails sent and received through the City server are subject to the Public
Records Act.
5. Social Media
A. Commissioners’ use of their personal social media to discuss governmental
business creates a public forum under the First Amendment.
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B. Therefore, Commissioners are advised not to use their personal social media
to discuss BCC or City business. Commissioners should be careful not to refer
to their official position or use their titles on their social media pages in a
manner that suggests the social media is being used to conduct governmental
business. They should consider adding disclaimers stating that the social
media is the personal page of the official, is for personal use, and does not
represent the views of the BCC or City.
C. If a Commissioner uses their social media for governmental business, they
are subject to claims under the First Amendment, and may not block
constituents from that social media, or delete, hide, or otherwise censor any
comments with which they disagree.
D. Also, Commissioners need to ensure that their interactions on social media
do not violate the Brown Act.
Page 16 of 18
Chapter 6. Selection Process
1. Reappointments, Vacancies and Appointments
A. The City Clerk’s Office manages the BCC application process. The process
begins with the Clerk contacting members who are eligible for appointment to
an additional term and determining their interest in reappointment.
B. The City Clerk recruits for all open seats utilizing multiple avenues, including
but not limited to the following: print and digital advertising, the news media,
and email networking lists to present qualified candidates to the City Council
for consideration.
C. The City Clerk receives the applications for BCC’s (preference is a minimum
of three applications sought for each seat) and agendizes a public meeting of
the City Council to interview applicants.
i. If the City Clerk receives a high volume of applications, the City Clerk
will provide the Mayor or their designee, and/or the Council Liaison with
the applications, and they will select the applicants to be interviewed by
the City Council, in collaboration with the Staff Liaison.
D. In some circumstances, applicants may be interviewed by the Council Liaison
and the Staff Liaison. In this instance, the Liaisons would recommend
appointment of an applicant or applicants, and it would be returned to the full
body of the City Council for approval. Applicants are appointed by a majority
vote of the City Council at a public meeting.
E. If the only application received is the incumbent application, staff may create a
recommendation to the City Council to approve the reappointment of the
incumbent on the Consent Calendar.
F. Unscheduled Vacancies
i. Subject to the Maddy Act (California Government Code § 54974),
whenever an unscheduled vacancy occurs a vacancy notice shall be
posted in the City Clerk’s Office and on the website., not earlier than 20
days before or not later than 20 days after the vacancy occurs. Final
appointment to the board, commission, or committee shall not be made
by the legislative body for at least 10 working days after the posting of
the notice in the clerk’s office.
ii. For such non‐routine vacancies, the announcement for new
applications is made as soon as possible in order to maintain viable
memberships on the various BCC’s.
Page 17 of 18
iii. All appointments occur in an open public meeting.
2. Commissioner Terms
A. Commissioner terms are dictated by Resolution of the City Council.
Chapter 7. Attachments
1. Attachments
A. Agenda Example and Template
B. Minutes Example and Template
C. Rosenberg's Rules of Order
D. Summary of the Ralph M. Brown Act
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Attachment A
[BCC NAME]
[DATE] AT [TIME]
[LOCATION]
[ADDRESS], SAN RAFAEL, CALIFORNIA
AGENDA
CALL TO ORDER – [TIME]
MINUTES
1. Approve regular meeting minutes of [date]
Recommended Action – Approve as submitted
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the [Commission] at this time on matters not on the agenda that
are within its jurisdiction. Comments may be no longer than [time] minutes and should be respectful
to the community.
SPECIAL PRESENTATIONS
2. Special Presentations:
PUBLIC HEARING (as necessary)
Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public
review and comment of a proposed action by the Commission.
3. Public Hearing:
a. [Brief explanation of agenda item. Please spell out all abbreviations and be clear and concise
for the public – include recommended action]
Recommended Action – [Approve, Accept, etc.]
OTHER AGENDA ITEMS
If necessary to assure completion of the following items, the Chairperson may establish time limits for
the presentations by individual speakers.
4. Other Agenda Items:
a. [Brief explanation of agenda item. Please spell out all abbreviations and be clear and concise
for the public – include recommended action]
Recommended Action – [Approve, Accept, etc.]
STAFF LIAISON REPORT
5. Staff Liaison Report:
COMMISSIONER REPORTS
6. Other brief reports on any meetings, conferences, and/or seminars attended by the
[Commission/Committee/Board] members:
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be
available for inspection online and in the [location where meeting is held] placed with other agenda-related materials on the table in
front of the [location prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing
city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance
of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation,
please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/.
1
[BCC NAME]
[DATE] AT [TIME]
[LOCATION]
[ADDRESS], SAN RAFAEL, CALIFORNIA
MINUTES
Present: Chair [last name]
Vice-Chair [last name]
Commissioner [last name]
Commissioner [last name]
Commissioner [last name]
Absent: None
Also Present: [City title] [first, last name]
Alternate [first, last name]
CALL TO ORDER
Chair [first and last name] called the meeting to order at [exact time]
MINUTES
1. Approve regular meeting minutes of [date]
Commissioner [last name] moved, Commissioner [last name] seconded, to approve the minutes
of the [date] meeting.
AYES: Commissioners: [last name in alphabetical order followed by Chair]
NOES: Commissioners: [last names]
ABSENT: Commissioners: [last names]
Motion passed [5-0].
OPEN TIME FOR PUBLIC EXPRESSION
[SPEAKER NAME] addressed the Commission regarding [TOPIC].
SPECIAL PRESENTATIONS
2. Special Presentations:
a. Presentation for Department of Digital Service and Open Government
[TITLE] [FIRST & LAST NAME] gave a presentation
Speakers: [members of the public]: Jane Doe, John Doe, Alex Doe, Alexis Doe.
Staff responded to questions from the Commission/Board/Committee.
Commission/Board/Committee provided comments.
PUBLIC HEARING
3. Public Hearing:
a. 5800 Northgate Drive (Northgate Mall) –Temporary Use Permit (UP19-027) for a base
camp/staging operation area for the movie production for “13 Reasons Why” in a portion of
2
the Northgate Mall Shopping Center parking lot along Las Gallinas Ave; APN: 175-060-67;
General Commercial (GC) Zoning District; XGP XI Northgate LLC, owner; Dan Kemp (for
Paramount Television), applicant. File No.: UP19-027. Project Planner: Raffi Boloyan
Recommended Action – Adopt Resolution
[TITLE] [FIRST & LAST NAME] presented the staff report.
Staff responded to questions from the Commission.
Speakers: [members of the public]: Jane Doe, John Doe, Alex Doe, Alexis Doe.
Staff responded to questions from the Commission. The Commission provided comments.
Commissioner [last name] moved, Commissioner [last name] seconded, to approve
[ACTION].
AYES: Commissioners: [last name in alphabetical order followed by Chair]
NOES: Commissioners: [last names]
ABSENT: Commissioners: [last names]
Motion passed [5-0].
OTHER AGENDA ITEMS
4. Other Agenda Items:
a. Informational Report on City Boards and Commission Rules and Procedures
Recommended Action – Accept report
[TITLE] [FIRST & LAST NAME] presented the staff report.
Staff responded to questions from the Commission.
Speakers: [members of the public]: Jane Doe, John Doe, Alex Doe, Alexis Doe.
Staff responded to questions from the Commission. The Commission provided comments.
Commissioner [last name] moved, Commissioner [last name] seconded, to approve
[ACTION].
AYES: Commissioners: [last name in alphabetical order followed by Chair]
NOES: Commissioners: [last names]
ABSENT: Commissioners: [last names]
Motion passed [5-0].
STAFF LIAISON REPORT
5. Staff Liaison Report:
[TITLE] [FIRST, LAST NAME] reported on [TOPIC/S]
COMMISSION REPORTS
6. Commission Report:
Commissioner [LAST NAME] reported on [TOPIC/S]
ADJOURNMENT
3
Chair [LAST NAME] adjourned the meeting at [TIME].
Approved this [day] of [month] [year],
_____________________________
[Name], Staff Liaison
1
THE RALPH M. BROWN ACT
The “Open Meeting” Law
“In enacting this chapter, the Legislature finds and declares that the public
commissions, boards and councils and the other public agencies in this State exist to
aid in the conduct of the People’s business. It is the intent of the law that their
actions be taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right
to decide what is good for the people to know and what is not good for them to know.
The people insist on remaining informed so that they may retain control over the
instruments they have created.” Government Code section 54950.
The Basic Legal Requirement of the Brown Act:
“All meetings of the legislative body of a local agency shall be open and public, and all
persons shall be permitted to attend any meeting of the legislative body of a local
agency, except as otherwise provided in this chapter.” Government Code section
54953(a).
A. Notice and Agenda Requirements
All meetings of a local legislative body must:
1. Be open to the public;
2. Be noticed 72 hours in advance;
3. Provide an opportunity for the public to speak;
4. Be located within the jurisdiction;
5. Not consider or take action on items not noticed on the agenda.
B. What is a “Legislative Body”?
The term “local Legislative Body” means not just the City Council, but also includes
multi-person task forces, committees and commissions established by formal action of
the City Council.
C. What is a “Meeting”?
A meeting is “…any congregation of a majority of the members of a legislative body (a
quorum) at the same time and place to hear, discuss or deliberate upon any item that is
within the subject matter jurisdiction of the legislative body or the local agency to which
it pertains.” Government Code section 54952.2(a).
2
Important: There are also some situations that do not appear to be traditional
meetings, but that will or may be considered to constitute a violation of the Brown Act.
They include the following:
1. Collective Briefings: A majority of the members may NOT meet together with
staff outside the public meeting for a collective briefing.
2. Retreats/Workshops: A majority of the members may NOT attend retreats or
workshops of the legislative body that are not noticed and open to the public
as required by the Brown Act.
3. Informal gatherings: A majority of the members may NOT continue to discuss
business after the noticed meeting formally ends.
4. Serial Meetings: A serial meeting occurs when by seriatim contact, a majority
of the members of the local legislative body discuss, deliberate or take action
on items of the body’s business, or reach a collective concurrence as to such
matters. In effect, the decision-making process of the legislative body in such
a case has occurred in private, not in a noticed, public meeting. This can
occur in several ways:
• “Daisy-Chain” meetings: Member A contacts member B who contacts
member C who contacts member D, all concerning the same item of
committee business. This produces a collective consideration or
concurrence of a quorum of the legislative body not occurring at a
noticed public meeting, in violation of the Brown Act.
• “Hub-and-Spoke” meetings: A person (citizen, staff member,
colleague) contacts each member separately. While a member of a
local legislative body may have individual contacts with constituents,
advocates, consultants, staff, news reporters or a colleague, such
contacts cannot be used to do in stages what is unlawful to do in one
step. “Individual contacts” that lead to a collective concurrence of the
legislative body are prohibited.
• Email/Text Meetings: Computer messages to, from and between
members of the legislative body that lead to a “collective
concurrence” as to issues before the body are a type of serial meeting
that violates the Brown Act. (Note: does not include emails merely to
schedule a meeting, but not discussing committee business.)
This area in particular is one which can easily lead committee
members into Brown Act violations. In order to avoid Brown Act
3
violations, staff and committee members should follow the following
rules:
• Avoid webconferencing, social media communications, or
individual communication of intended vote to third persons who
may learn of intentions of the majority.
• Committee members should avoid initiating or participating in an
email discussion of committee business with other members.
Always remember that the business of the committee is to be
done in public, at noticed meetings. Even if an email is meant to
be sent unilaterally, with no need to reply, a recipient might
choose to reply and accidentally “reply all.” While inadvertent,
this is a Brown Act violation. Outside of a public meeting, it is
best to communicate on committee business only through staff.
D. Exceptions: What is NOT a Meeting?
There are certain gatherings of a majority of the committee that will not be considered
to be meetings, such as attendance by a majority of the committee at conferences open
to the public; community meetings of another organization on topics of local community
concern (e.g. a local candidate’s night); noticed, open meetings of another local agency
(e.g. Board of Supervisors); or purely social or ceremonial events (e.g. funeral, ground-
breaking); provided that the members do not discuss among themselves, other than as a
part of the scheduled program, business of a specific nature that is within their subject
matter jurisdiction.
E. Remedies
1. Civil actions to prevent violations of the Act.
2. Criminal action against individual members who intentionally violate the Act.
3. Civil action to invalidate a legislative body’s action taken in violation of the
Act.
Conclusion
Committee members must be constantly aware of the Brown Act’s mandate that all
decision-making and collective concurrence be done in a noticed public hearing, and
not, albeit unintentionally, behind closed doors. Committee members should consult
staff any time they have a concern or question about the applicability of the Brown Act.
2/28/23, 11:11 AM Mail - Lindsay Lara - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGE4NDc2ZDVlLWQxMTYtNDBiOC04NTI0LTRjYTQzNTJlMTJkMQBGAAAAAAAyY1qsYIBjQ6ajfUy…1/1
BOARDS, COMMISSIONS & COMMITTEES RULES AND PROCEDURES UPDATE
STAN BURFORD
Sun 2/26/2023 1:24 PM
To:Lindsay Lara Lindsay.Lara@cityofsanrafael.org
2/26/23
Lindsay:
Congratulations on pulling all the bits and pieces of San Rafael's BCC into one document --
A major undertaking. [far too many moving parts] Even with the presentation to the City
Council last week I understand the creation of the final version is still in formation.
As a Fire Commissioner I can see how some of our "traditional" practices would change, but
even so the basic principals of our duties and how we act with the City remain the same.
What I didn't see was any language regarding "Term Limits" and how the proposed rules and
procedures would be implemented through a transition to an annual calendar. If I've read the
proposal correctly "terms" would start at the beginning of a year and the term limit would end at
the end of a calendar year. Currently those kinds of anniversaries are at different times during
the year.
Chapter 2, Section 7, Subsection B states that "The Vice-Chair will serve as the Chair the
following year...." That would seem to run counter to the language in Sub-section A which calls
for the Chair and Vice Chair to be appointed by a majority vote of the BCC membership at the
last meeting of the calendar year..." Apparently supposing that no-one is being "termed out".
Yes, it's complicated -- Like nailing Jello to the wall.
Cordially
Stan Burford