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May 2006 - January 2012 - Policies and Procedures
city of san Luis oaIspo COUNCIL POLICIES AND PROCEDURES MANUAL Adopted by the City Council April 20, 2004, Resolution No. 9554 Updated by the City Council May 2, 2006, Resolution No. 9794 November 16, 2008, Resolution No. 10041 January 3, 2012, Resolution No. 10323 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS FOREWARD ............................................................................... ............................... . CHAPTER ONE MEETING GUIDELINES & PROCEDURES .. ...........................,... ..............................2 1.1 MEETING SCHEDULE ............................................................. ..............................2 1.1.1 MEETINGS OF COUNCIL ............................................ ..............................2 1. 1.2 REGULAR MEETINGS ................................................. ..............................2 1.1.3 STUDY SESSIONS ........................................................ ..............................2 1.1.4 SPECIAL MEETINGS ................................................... ..............................3 1.1.5 USE OF COUNCIL CHAMBER .................................... ..............................3 1.2 AGENDA .................................................................................... ..............................4 1.2.1 ESTABLISHING THE COUNCIL AGENDA ................ ..............................4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ...........4 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ............5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ........................5 1.2.5 EMERGENCY ITEMS ................................................... ..............................5 1.2.6 RECONSIDERATION ................................................... ..............................5 1.2.7 ORDER OF BUSINESS ................................................. ..............................6 1.2.8 NOTIFICATION AND ADVERTISING ....................... ..............................6 1.3 MEETING PROCEDURES ....................................................... ..............................6 1.3.1 PRESIDING OFFICER ................................................. ..............................6 1.3.2 QUORUM ...................................................................... ..............................7 1.3.3 DISCUSSION RULES ................................................... ..............................7 1.3.4 PARLIAMENTARY PROCEDURE ............................. ..............................8 1.3.5 PROTOCOL .................................................................. ..............................8 1.3.6 VOTING PROCEDURES ............................................. ..............................9 1.3.7 PUBLIC COMMENT .................................................. .............................10 1.3.8 CONSENT AGENDA .................................................. .............................12 1.3.9 COMMUNICATIONS .................................................. .............................13 1.3.10 CLOSED SESSIONS ................................................... .............................13 1.4 MEETING COVERAGE ........................................................ .............................14 CHAPTER TWO COUNCIL COMPENSATION ...........................................,............ .............................15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....... .............................15 2.2 IZ1-'I'I REM I'N`1', MEDICAL, DENTAL, VISION AND LIFE INSURANCE .......15 2.3 PROFESSIONAL DEVELOPMENT ........................................ .............................15 2.3.1 PROFESSIONAL DEVELOPMENT ............................ .............................15 2.3.2 START -UP ALLOWANCE .......................................... .............................15 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ...... .............................16 2.4.1 CITY BUSINESS ....................................................... .............................16 2.4.2 MILEAGE ................................................................. .............................16 2.5 GENERAL PROCEDURES AND LIMITATIONS .................. .............................16 2.5.1 ACCOUNTING .......................................................... .............................16 2.5.2 REIMBURSEMENT LIMITATION ............................ .............................16 2.5.3 SPECIAL EXPENSES .................................................. .............................17 2.5.4 OTHER GUIDELINES ................................................. .............................17 2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS ....................17 2.6 COUNCIL COMPENSATION COMMITTEE ......................... .............................17 2.6.1 MEMBERSHIP ........................................................... .............................17 2.6.2 REVIEW RESPONSIBILITY ....................................... .............................17 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS .................................... .............................18 3.1 MAYOR - POWERS AND DUTIES ...................................... .............................18 3.2 APPOINTMENT OF VICE-MAYOR.. ................................ ... .............................. 18 3.3 FILLING COUNCIL VACANCIES ......................................... .............................18 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............... .............................18 3.3.2 PUBLIC APPOINTMENT ............................................ .............................19 3.3.3 ADVERTISE FOR APPLICANTS ................................ .............................19 3.3.4 QUALIFICATIONS ...................................................... .............................19 3.3.5 PUBLIC MEETING_- ............................................................................. 19 3.4 ADMINISTERING OATHS: SUBPOENAS ............................ .............................20 3.5 LIMITATIONS ......................................................................... .............................20 3.6 METHOD OF ACTION BY COUNCIL ........... ....................... .............................20 3.7 ORDINANCES ................................................ .............................21 3.8 ACCEPTANCE OF GRANTS OR DEEDS ........ 3.9 LEGISLATIVE ACTION PROGRAM ................. it ........21 .21 3.10 AMICUS CURIAE PARTICIPATION .................................. .............................21 CHAPTER FOUR THEBROWN ACT ........................................................................... .............................22 4.1 APPLICABILITY AND PENALTIES .................................... .............................22 4.2 MAJOR PROVISIONS ................................................. ............................... 4.2.1 APPLICABILITY ............................................. ............................... 4.2.2 MEETINGS .......................................................... I.......................... 4.2.3 AGENDAS ....................................................... ............................... 4.2.4 ACTIONS ......................................................... ..........I.................... 4.2.5 PUBLIC INPUT ........................................................ I .................... .. 4.2.6 PUBLIC DISRUPTIONS .................................. ............................... 4.2.7 CORRESPONDENCE ...................................... ..............................1 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS. .................. 4.3 SPECIAL MEETINGS . ............................... .......22 .......22 .......22 .......22 .......22 .......23 .......23 .......23 .......23 .24 4.4 EMERGENCY MEETINGS ................................................... .............................24 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT ....................................................... .............................24 4.6 OTHER PROVISIONS ............................................................ .............................24 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT .................. .............................25 5.1 INTENT---. .... .................................................................................................. 25 5.2 GUIDELINES FOR COUNCIL MEMBERS ......................... .............................25 5.2.1 REQUESTS FOR INFORMATION ........................... .............................25 5.2.2 DIRECTION TO STAFF ............................................ .............................25 5.3 GUIDELINES FOR STAFF ................................................... .............................25 5.3.1 TIMELY RESPONSE ................................................. .............................26 5.3.2 DIRECTION FROM COUNCIL ................................ .............................26 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS .............26 5.3.4 INFORMATION DISTRIBUTION ............................ .............................26 5.3.5 SIGNIFICANT INFORMATION .............................. .............................26 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS .... 27 5.4.1 TELEPHONES .......................................................... .............................27 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....27 5.4.3 SECURITY ................................................................ .............................27 5.4.4 INTERNET ACCESS ................................................ .............................28 5.4.5 ELECTRONIC MAIL ( EMAIL) ................................ .............................28 5.4.6 SUPPORT RESPONSIBILITIES .............................. .............................28 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ............ .............................28 CHAPTER SIX ADVISORY BODY PROCEDURES ................................................ .............................29 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ....................29 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES .......................29 6.1.2 ROLE ......................................................................... .............................29 6.1.3 COMMUNICATION ................................................. .............................29 6.1.4 EDUCATION ............................................................ .............................29 6.1.5 APPOINTMENT AND RECOMMENDATION ...... .............................29 6.1.6 ATTENDANCE ......................................................... .............................29 6.2 COUNTY OR REGIONAL REPRESENTATION .............. .............................30 6.3 OTHER COUNCIL SUBCOMMITTEES ............................ .............................30 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ....... 30 6.4.1 INTENT .................................................................... .............................30 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................30 6.4.3 COUNCIL MEETINGS., ...... ............. .................................................. 30 6.4.4 RECOMMENDATIONS...... ................................................................. 31 6.5 ROLE OF CITY STAFF PERSONS... .............................................................. 31 6.6 APPOINTMENT PROCEDURES ...................................... .............................31 6.6.1 PURPOSE ................................................................. .............................31 6.7 PROCESS ........................................................................... .............................32 6.7.1 QUALIFICATIONS .................................................. .............................32 6.7.2 TERMS ..................................................................... .............................32 6.7.3 PROCESS ................................................................. .............................33 iv COUNCIL POLICIES AND PROCEDURES FORE WORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power (the right of the City to make laws governing health, safety, morals and welfare and morals for the benefit of the community) granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor -City Manager form of government. The last charter revision occurred on August 30, 2011. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2012 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meeting shall be held the first, second and third Tuesday of each month beginning at 700 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 700 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2012 Page 2 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council on no less than 24 hour notice and as otherwise specified by Government Code § 54956) (Ord. 959) 1.1.4.2 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non - profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any non -City organizations during non- business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and /or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. Council Policies & Procedures Manual 2012 Page 3 e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate and/or City Ballot Measure Forum where the public and all candidates and/or proponents /opponents to a City ballot measure or candidates for a particular public office have been invited. Any candidate /ballot measure forums to be held in the Council Chamber shall not include City staff services. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well -being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.7). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance should be scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall Council Policies & Procedures Manual 2012 Page 4 arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety and coming to the attention of the Council after the regular notice deadlines may be considered emergency in nature. A four -fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. Council Policies & Procedures Manual 2012 Page 5 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.7.1 Call to Order 1.2.7.2 Pledge of Allegiance 1.2.7.3 Roll Call 1.2.7.4 Closed Session Report (if any) 1.2.7.4 Presentations 1.2.7.5 Appointments 1.2.7.6 Public Comment 1.2.7.7 Consent Agenda 1.2.7.8 Public Hearings and Business Items 1.2.7.9 Liaison Reports and Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Council Policies & Procedures Manual 2012 Page 6 Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions shall be succinct and limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. Council Members are encouraged to provide questions to staff prior to meetings and also to attend staff briefings on complex issues. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. Council Policies & Procedures Manual 2012 Page 7 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. Council Policies & Procedures Manual 2012 Page 8 1.3.5.1.4 Limit the use of personal electronic devices to urgent personal matters while seated at the dais during Council meetings. 1.3.5.1.5 During a public hearing, correspondence between Council Members or between a member of the public and the Council regarding the public hearing matter being considered by the City Council must occur in the open and any communications outside of the noticed public meeting on which the Council member's decision is based should be disclosed during the public hearing. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in Council Policies & Procedures Manual 2012 Page 9 compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote shall be taken for each Council action and include the following practice: the Mayor will give clear instructions: "Those in favor of the adoption of the motion will, as their names are called, answer yes; those opposed, will answer no. The City Clerk will call the roll." The City Clerk will call for the roll call vote in the following manner: 1) Maker of the motion. 2) Member who has seconded the motion. 3) Additional Council members in alphabetical order by last name. 4) Mayor last. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. Council Policies & Procedures Manual 2012 Page 10 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and /or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record and posted to the City's website. (GC § 54957.5) Agenda Correspondence, in general, are correspondence and other documents from the public, the City Council and City staff regarding Council agenda items received after the agenda packets have been distributed. Agenda Correspondences may take the following form: letters and emails from citizens; memos of clarification or revision from City staff; liaison reports from the City Council; communication items from City Council; late release or added -on agenda reports. An Agenda Correspondence is date - stamped and stamped with the distribution stamp. Agenda Correspondences are distributed by the City Cleric and made available for public review as they are received. The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker may not yield time to another speaker. A speaker slip should be filed with the City Clerk, but is not required in order to speak. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak on an item on the agenda shall: 1.3.7.3.1 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.2 Comment on the specific matter before the Council with reasons for the position taken. Council Policies & Procedures Manual 2012 Page 11 1.3.7.3.3 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer with the consensus of Council Members, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. A speaker may not yield their time to another speaker. 1.3.7.3.4 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.3.5 Shall avoid personal attacks, abusive language or other disruptive behavior. 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant /appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. Council Policies & Procedures Manual 2012 Page 12 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Substantive debate or deliberation or formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. Council Policies & Procedures Manual 2012 Page 13 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.3.10.3 Confidential materials provided for Closed Sessions must be returned to the City Attorney by the conclusion of the Closed Session. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. 1.4.7 To assure timely information for the public, Action Updates shall be posted on the City's website as soon as possible. Council Policies & Procedures Manual 2012 Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Compensation for services rendered in an official capacity shall be established by resolution duly adopted and consistent with the rules established in the Charter. 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. Individual Council members may waive any or all of the compensation provided to them. Such a waiver shall affect only the individual choosing to waive compensation for the period of time specified by that individual. An individual waiver shall not be binding on any other current or future Council member. Should any Council member wish to make a change in their individual compensation staff will return with the appropriate resolution to effectuate this change. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT — INCLUDING TRIPS AND MEETINGS For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines. 2.3.2 START -UP ALLOWANCE An additional professional development allowance shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative Council Policies & Procedures Manual 2012 Page 15 operations during the first 12 months following the taking of office and the amounts shall be as set forth in the applicable financial plan adopted by the Council. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in the Financial Plan. 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. Council Policies & Procedures Manual 2012 Page 16 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and /or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 OTHER GUIDELINES Any other travel - related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS The Political Reform Act of 1974 (Government Code sections 87200) requires local public officials to file a Statement of Economic Interest — Form 700 — to disclose certain investments, interests in real property, sources of income, gifts, loans and business positions when assuming office, annually and when leaving office. 2.6 COUNCIL COMPENSATION COMMITTEE A five- member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and /or Mayor. Council Policies & Procedures Manual 2012 Page 17 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.1.5 The Mayor may solemnize marriages while in office, (Family Code Section 400.1). All rules and regulations for the rental of City facilities would apply. 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (15 0) days following the occurrence of the vacancy. Council Policies & Procedures Manual 2012 Page 18 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. In the case of a vacancy due to a current Council Member elected to the Mayor's seat, the City Clerk may advertise the vacancy once the County Registrar of Voters has certified the election results. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall submit a written statement of 500 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. Council Policies & Procedures Manual 2012 Page 19 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.5 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.6 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Council Policies & Procedures Manual 2012 Page 20 Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.7 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.8 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.9 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and /or resolutions or recommendations of the League of California Cities. 3.10 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2012 Page 21 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than one other Council Member for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet statutory requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists (determined by a majority of the Council). Council Policies & Procedures Manual 2012 Page 22 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and /or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council no earlier than one week of the closed session. (GC § 54956.9) 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) Council Policies & Procedures Manual 2012 Page 23 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL EMAIL THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and /or the City Clerk. Council Policies & Procedures Manual 2012 Page 24 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2012 Page 25 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a 'one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service - related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council Policies & Procedures Manual 2012 Page 26 Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS The City will provide each Council Member with equal and appropriate communications and technological devices to facilitate their public service and within the confines of the IT standards for hardware and software specifications. 5.4.1 TELEPHONES The City will provide at their request, each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member, at their request, with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: The City information systems exist solely for the purpose of conducting City business, not intended for personal use. All data (including electronic mail messages) is owned by the City and subject to public disclosure. All software and hardware installations should be made by IT staff on City -owned machines only. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2012 Page 27 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2012 Page 28 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2012 Page 29 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and /or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and /or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2012 Page 30 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2012 Page 31 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Construction Board of Appeals, which do not have term limits. 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2012 Page 32 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special- purpose' committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.3 The City Clerk shall post/publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.4 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.5 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.6 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. 1 Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2012 Page 33 6.7.3.7 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2012 Page 34 city of san Luis oBispo COUNCIL POLICIES AND PROCEDURES MANUAL Adopted by the City Council April 20, 2004, Resolution No. 9554 Updated by the Ci Council May 2, 2006, Resolution No. 9794 November 16, 2008, resolution No. 10041 January 3, 2012, resolution No. 10323 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS FOREWARD....................................................................................... ............................... I CHAPTER ONE MEETING GUIDELINES & PROCEDURES ................................. ..............................2 1.1 MEETING SCHEDULE ............................................................. ..............................2 1.1.1 MEETINGS OF COUNCIL ............................................ ..............................2 1. 1.2 REGULAR MEETINGS ................................................. ..............................2 1.1.3 STUDY SESSIONS ........................................................ ..............................2 1.1.4 SPECIAL MEETINGS ................................................... ..............................3 1.1.5 USE OF COUNCIL CHAMBER ................................... ..............................3 1.2 AGENDA .................................................................................... ..............................4 1.3.1 1.2.1 ESTABLISHING THE COUNCIL AGENDA ................ ..............................4 1.3.2 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ...........4 1.3.3 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ............5 1.3.4 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ........................5 1.3.5 1.2.5 EMERGENCY ITEMS ................................................... ..............................5 1.3.6 1.2.6 RECONSIDERATION ................................................... ..............................5 1.3.7 1.2.7 ORDER OF BUSINESS ................................................. ..............................6 1.3.8 1.2.8 NOTIFICATION AND ADVERTISING ....................... ..............................6 1.3.9 1.3 MEETING PROCEDURES................ ........................................ ..............................6 1.3.1 PRESIDING OFFICER ................................................. ..............................6 1.3.2 QUORUM ...................................................................... ..............................7 1.3.3 DISCUSSION RULES ................................................... ..............................7 1.3.4 PARLIAMENTARY PROCEDURE ............................. ..............................8 1.3.5 PROTOCOL .................................................................. ..............................8 1.3.6 VOTING PROCEDURES ............................................. ..............................9 1.3.7 PUBLIC COMMENT ................................................... .............................10 1.3.8 CONSENT AGENDA .................................................. .............................12 1.3.9 COMMUNICATIONS .................................................. .............................13 1.3.10 CLOSED SESSIONS .................................................. .............................13 1.4 MEETING COVERAGE..... ................................................... .............................14 CHAPTER TWO COUNCIL COMPENSATION ........................................................ .............................15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....... .......................,.....15 2.2 RETIREMENT MEDICAL DENTAL VISION AND LIFE INSURANCE .......15 i 2.3 PROFESSIONAL DEVELOPMENT ......................................... ...........'.................15 2.3.1 PROFESSIONAL DEVELOPMENT ............................ .............................15 2.3.2 START —UP ALLOWANCE .......................................... .............................15 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ...... .............................16 2.4.1 CITY BUSINESS ....................................................... .............................16 2.4.2 MILEAGE ................................................................. .............................16 2.5 GENERAL PROCEDURES AND LIMITATIONS .................. .............................16 2.5.1 ACCOIINTING ........................................................ .............................16 2.5.2 REIMBURSEMENT LIMITATION ............................... . . ...... . ....... ..........16 2.5.3 SPECIAL EXPENSES .................................................. .............................17 2.5.4 OTHER GUIDELINES ................................................. .............................17 2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS ....................17 2.6 COUNCIL COMPENSATION COMMITTEE ......................... .............................17 2.6.1 MEMBERSHIP ........................................................... .............................17 2.6.2 REVIEW RESPONSIBILITY ....................................... .............................17 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS .................................... .............................18 3.1 MAYOR — POWERS AND DUTIES ....................................... .............................18 3.2 APPOINTMENT Ole VICE— MAYOR ...................................... .............................18 3.3 FILLING COUNCIL VACANCIES ......................................... .............................18 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............... .............................18 3.3.2 PUBLIC APPOINTMENT ..._ ........................................ .............................19 3.3.3 ADVERTISE FOR APPLICANTS ................................ .............................19 3.3.4 QUALIFICATIONS ...................................................... .............................19 3.3.5 PUBLIC MEETING... 3.4 ADMINISTERING OATHS: SUBPOENAS ............................ .............................20 3.5 LIMITATIONS ......................................... ............................... .........................20 3.6 METHOD OF ACTION BY COUNCIL .................................. .............................20 3.7 ORDINANCES ................................................ .............................21 3.8 ACCEPTANCE OF GRANTS OR DEEDS .............................. .............................21 3.9 LEGISLATIVE ACTION PROGRAM ...................................... .............................21 ii 3.10 AMICUS CURIAE PARTICIPATION .................................. .............................21 CHAPTER FOUR THEBROWN ACT ........................................................................... .............................22 4.1 APPLICABILITY AND PENALTIES .................................... .............................22 4.2 MAJOR PROVISIONS .......................................................... .............................22 4.2.1 APPLICABILITY ....................................................... .............................22 4.2.2 MEETINGS ................................................................ .............................22 4.2.3 AGENDAS ................................................................. .............................22 4.2.4 ACTIONS ................................................................... .............................22 4.2.5 PUBLIC INPUT .......................................................... .............................23 4.2.6 PUBLIC DISRUPTIONS....... ..................................... .............................23 4.2.7 CORRESPONDENCE ................................................ .............................23 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ....... ....................23 4.3 SPECIAL MEETINGS ........................................................... .............................24 4.4 EMERGENCY MEETINGS .................................................... .............................24 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT ...................................................... .............................24 4.6 OTHER PROVISIONS..... ........ ............................................ .............................24 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT ................... ,........................... 25 5.1 INTENT .................................................................................... .............................25 5.2 GUIDELINES FOR COUNCIL MEMBERS ......................... .............................25 5.2.1 REQUESTS FOR INFORMATION ........................... .............................25 5.2.2 DIRECTION TO STAFF ............................................ .............................25 5.3 GUIDELINES FOR STAFF ................................................... .............................25 5.3.1 TIMELY RESPONSE .................................................. .............................26 5.3.2 DIRECTION FROM COUNCIL ................................ .............................26 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS .............26 5.3.4 INFORMATION DISTRIBUTION ............................ .............................26 5.3.5 SIGNIFICANT INFORMATION .............................. .............................26 5.4 ACCESS TO TELECOMMUNICATIONS &. INFORMATION SYSTEMS. ... 27 5.4.1 TELEPHONES ............ .................................................. ,........................ 27 iii 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....27 5.4.3 SECURITY ................................................................. .............................27 5.4.4 INTERNET ACCESS ................................................ .............................28 5.4.5 ELECTRONIC MAIL ( EMAIL) ................................ .............................28 5.4.6 SUPPORT RESPONSIBILITIES .............................. .............................28 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ............ .............................28 CHAPTER SIX ADVISORY BODY PROCEDURES ................................................ .............................29 6.1 ROTE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ....................29 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES .......................29 6.1.2 ROLE ......................................................................... .............................29 6.1.3 COMMUNICATION ................................................. .............................29 6.1.4 EDUCATION ............................................................ .............................29 6.1.5 APPOINTMENT AND RECOMMENDATION ...... .............................29 6.1.6 ATTENDANCE ........................................................ .............................29 6.2 COUNTY OR REGIONAL REPRESENTATION .............. .............................30 6.3 OTHER COUNCIL SUBCOMMITTEES .......................... .............................30 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ....... 30 6.4.1 INTENT ................................................................... ..............................3 0 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................30 6.4.3 COUNCIL MEETINGS ............................................. .............................30 6.4.4 RECOMMENDATIONS .......................................... .............................31 6.5 ROLE OF CITY STAFF PERSONS......... ........................... .............................31 6.6 APPOINTMENT PROCEDURES ....................................... .............................31 6.6.1 PURPOSE.... ....... -.- ............................................................................ 31 6.7 PROCESS .......................................................................... .............................32 6.7.1 QUALIFICATIONS .................................................. .............................32 6.7.2 TERMS ..................................................................... .............................32 6.7.3 PROCESS ................................................................ .............................33 iv COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from _the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power (the right of the City to make laws governing health, safety, morals and welfare and morals for the benefit of the community) granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council- Mayor -City Manager form of government. The last charter revision occurred on August 30, 2011. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2012 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may he called_ Public interest and ennvenienee shall he primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meeting shall be held the first, second and third Tuesday of each month beginning at 700 n.m_ in the event that a reo -filar meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 700 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1, 1.7.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2012 Page 2 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council on no less than 24 hour notice and as otherwise specified by Government Code § 54956) (Ord. 959) 1.1.4.2 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non - profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. Council Policies & Procedures Manual 2012 Page 3 e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate and/or City Ballot Measure Forum where the public and all candidates and/or proponents /opponents to a City ballot measure or candidates for a particular public office have been invited. Any candidate/ballot measure forums to be held in the Council Chamber shall not include City staff services. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of govenullent. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well -being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.7). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance should be scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall Council Policies & Procedures Manual 2012 Page 4 arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his /her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety and coming to the attention of the Council after the regular notice deadlines may be considered emergency in nature. A four - fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. Council Policies & Procedures Manual 2012 Page 5 1.3 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.7.1 Call to Order 1.2.7.2 Pledge of Allegiance 1.2.7.3 Roll Call 1.2.7.4 Closed Session Report (if any) 1.2.7.4 Presentations 1.2.7.5 Appointments 1.2.7.6 Public Comment 1.2.7.7 Consent Agenda 1.2.7.8 Public Hearings and Business Items 1.2.7.9 Liaison Reports and Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to filly inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Council Policies & Procedures Manual 2012 Page 6 Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions shall be succinct and limited to the issue before Council. 1.3.3.1.3 Cross- exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. Council Members are encouraged to provide questions to staff prior to meetings and also to attend staff briefings on complex issues. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. Council Policies & Procedures Manual 2012 Page 7 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. Council Policies & Procedures Manual 2012 Page 8 1.3.5.1.4 Limit the use of personal electronic devices to urgent personal matters while seated at the dais during Council meetings. 1.3.5.1.5 During a public hearing, correspondence between Council Members or between a member of the public and the Council regarding the public hearing matter being considered by the City Council must occur in the open and any communications outside of the noticed public meeting on which the Council member's decision is based should be disclosed during the public hearing. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1..3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in Council Policies & Procedures Manual 2012 Page 9 compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. 1.3.6.51 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote shall be taken for each Council action and include the following practice: the Mayor will give clear instructions: "Those in favor of the adoption of the motion will, as their names are called, answer yes; those opposed, will answer no. The City Clerk will call the roll." The City Clerk will call for the roll call vote in the following manner: 1) Maker of the motion. 2) Member who has seconded the motion. 3) Additional Council members in alphabetical order by last name. 4) Mayor last. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. Council Policies & Procedures Manual 2012 Page 10 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record and posted to the City's website. (GC § 54957.5) Agenda Correspondence, in general, are correspondence and other documents from the public, the City Council and City staff regarding Council agenda items received after the agenda packets have been distributed. Agenda Correspondences may take the following form: letters and emails from citizens; memos of clarification or revision from City staff, liaison reports from the City Council; communication items from City Council; late release or added -on agenda reports. An Agenda Correspondence is date - stamped and stamped with the distribution stamp. Agenda Correspondences are distributed by the City Clerk and made available for public review as they are received. The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker may not yield time to another speaker. A speaker slip should be filed with the City Clerk, but is not required in order to speak. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak on an item on the agenda shall: 1.3.7.3.1 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.2 Comment on the specific matter before the Council with reasons for the position taken. Council Policies & Procedures Manual 2012 Page 11 1.3.7.3.3 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer with the consensus of Council Members, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. A speaker may not yield their time to another speaker. 1.3.7.3.4 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.3.5 Shall avoid personal attacks, abusive language or other disruptive behavior. 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant /appellant they are representing. If the applicant /appellant's representative is a paid municipal advocate, [hey shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. Council Policies & Procedures Manual 2012 Page 12 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist, Substantive debate or deliberation or formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. Council Policies & Procedures Manual 2012 Page 13 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.3.10.3 Confidential materials provided for Closed Sessions must be returned to the City Attorney by the conclusion of the Closed Session. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. 1.4.7 To assure timely information for the public, Action Updates shall be posted on the City's website as soon as possible. Council Policies & Procedures Manual 2012 Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Compensation for services rendered in an official capacity shall be established by resolution duly adopted and consistent with the rules established in the Charter. 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. Individual Council members may waive any or all of the compensation provided to them. Such a waiver shall affect only the individual choosing to waive compensation for the period of time specified by that individual. An individual waiver shall not be binding on any other current or future Council member. Should any Council member wish to make a change in their individual compensation staff will return with the appropriate resolution to effectuate this change. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT — INCLUDING TRIPS AND MEETINGS For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines. 2.3.2 START -UP ALLOWANCE An additional professional development allowance shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative Council Policies & Procedures Manual 2012 Page 15 operations during the first 12 months following the taking of office and the amounts shall be as set forth in the applicable financial plan adopted by the Council. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in the Financial Plan. 2.4.1 CITY BUSINESS For costs incurred in connection with official City business, Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his /her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. Council Policies & Procedures Manual 2012 Page 16 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 OTHER GUIDELINES Any other travel - related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS The Political Reform Act of 1974 (Government Code sections 87200) requires local public officials to file a Statement of Economic Interest — Form 700 — to disclose certain investments, interests in real property, sources of income, gifts, loans and business positions when assuming office, annually and when leaving office. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and /or Mayor. Council Policies & Procedures Manual 2012 Page 17 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Councilor by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. AS pr�Sldlilg Vfllecr Vf the CVUllell, the Mayor wiii faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.1.5 The Mayor may solemnize marriages while in office, (Family Code Section 400.1). All rules and regulations for the rental of City facilities would apply. 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (15 0) days following the occurrence of the vacancy. Council Policies & Procedures Manual 2012 Page 18 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. In the case of a vacancy due to a current Council Member elected to the Mayor's seat, the City Clerk may advertise the vacancy once the County Registrar of Voters has certified the election results. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall submit a written statement of 500 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. Council Policies & Procedures Manual 2012 Page 19 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 2 2 C K T T,. 4-L. 1,, ' __ �,, L +L.., T R,, __ . 11 •11.,, 0 � J.J.J.V upon Ulc eonel UJ1V11 01 JUGll dlsclAJS�V11, L11G 1V1Qy Vl' Jhall o�Jell L11G 11VV1 LV nominations by the remaining Council Members. All -nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.5 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.6 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Council Policies & Procedures Manual 2012 Page 20 Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.7 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.8 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.9 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and /or resolutions or recommendations of the League of California Cities. 3.10 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2012 Page 21 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for llllsuellleanor penalties liir 111e111berS of CL body wllo vlGlatc the ALL (GC J4 7J7). I I allUILIUII, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized it, this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than one other Council Member for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet statutory requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists (determined by a majority of the Council). Council Policies & Procedures Manual 2012 Page 22 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 . Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council no earlier than one week of the closed session. (GC § 54956.9) 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) Council Policies & Procedures Manual 2012 Page 23 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk. Council Policies & Procedures Manual 2012 Page 24 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2012 Page 25 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and .limited in scope so uiat Sall can icspuuu wiuiuut aitciuig uuici p-1 ii and with only iuiiiiiiiai delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION Iii cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service- related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member udder the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council Policies & Procedures Manual 2012 Page 26 Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS The City will provide each Council Member with equal and appropriate communications and technological devices to facilitate their public service and within the confines of the IT standards for hardware and software specifications. 5.4.1 TELEPHONES The City will provide at their request, each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member, at their request, with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: The City information systems exist solely for the purpose of conducting City business, not intended for personal use. All data (including electronic mail messages) is owned by the City and subject to public disclosure. All software and hardware installations should be made by IT staff on City -owned machines only. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2012 Page 27 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) !-1 ,- .__�_S1 TIT_�_L ___.. '71 1_____ �`. L_ !-+. �_. 1�_�.._._:_ '1 /T. �_._:1\ '71 wuucir lviern ers wirr rrave access to the airy electronic mail krmair� system that will. al.l.uw Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2012 Page 28 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2012 Page 29 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 0.3 O T TIER COfu'iv CIL S UBCOivIi�IiT T EES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2012 Page 30 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2012 Page 31 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Cloordmatlrlg Conlnlittee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Construction Board of Appeals, which do not have term limits. 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2012 Page 32 T 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purpose' committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.3 The City Clerk shall post /publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.4 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.5 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.6 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, -the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. 1 Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2012 Page 33 6.7.3.7 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2012 Page 34 city of san Luis oaispo COUNCIL POLICIES AND PROCEDURES MANUAL Adopted by the City Council April 20, 2004, Resolution No. 9554 Updated by the City Council May 2, 2006, Resolution No. 9794 November 16, 2008, Resolution No. 10041 January 3, 2012, Resolution No. 10323 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS FOREWARD.................................................. ............................... i CHAPTER ONE MEETING GUIDELINES & PROCEDURES ................................. ..............................2 1.1 MEETING SCHEDULE ............................................................. ..............................2 1.1.1 MEETINGS OF COUNCIL ............................................ ..............................2 1. 1.2 REGULAR MEETINGS ................................................. ..............................2 1.1.3 STUDY SESSIONS ........................................................ ..............................2 1. 1.4 SPECIAL MEETINGS ................................................... ..............................3 1.1.5 USE OF COUNCIL CHAMBER .................................... ..............................3 1.2 AGENDA.. .............. - .............................. -.- .......................................................... 4 1.2.1 ESTABLISHING THE COUNCIL AGENDA ................... 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ...........4 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)... ......... 5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ........................5 1.2.5 EMERGENCY ITEMS ................................................... ..............................5 1.2.6 RECONSIDERATION ............................................. ......... .. ......................... 5 1.2.7 ORDER OF BUSINESS ................................................. ..............................6 1.2.8 NOTIFICATION AND ADVERTISING ....................... ..............................6 1.3 MEETING PROCEDURES ......................................................... _.............................6 1.3.1 PRESIDING OFFICER ................................................. ..............................6 1.3.2 QUORUM ...................................................................... ..............................7 1.3.3 DISCUSSION RULES ................................................... ..............................7 1.3.4 PARLIAMENTARY PROCEDURE ............................. ..............................8 1.3.5 PROTOCOL ............................ ........ ..................... ..............................8 1.3,6 VOTING PROCEDURES ..................... ........ ........................................... ,..9 1.3.7 PUBLIC COMMENT ................................................... .............................10 1.3.8 CONSENT AGENDA ...................................:.............. .............................12 1.3.9 COMMUNICATIONS .................................................. .............................13 1.3. 10 CLOSED SESSIONS ................................................... .............................13 1.4 MEETING COVERAGE ........................................................ .............................14 CHAPTER TWO COUNCIL COMPENSATION.,..... ......................................................... ..15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....... .............................15 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE .......15 2.3 PROFESSIONAL DEVELOPMENT ........................................ .............................15 2.3.1 PROFESSIONAL DEVELOPMENT.................. .......... .............................15 2.3.2 START -UP ALLOWANCE .......................................... .............................15 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ...... .............................16 2.4.1 CITY BUSINESS ....................................................... .............................16 2.4.2 MILEAGE ................................................................. .............................16 2.5 GENERAL PROCEDURES AND LIMITATIONS .................. .............................16 2.5.1 ACCOUNTING .......................................................... .............................16 2.5.2 REIMBURSEMENT LIMITATION ............................ .............................16 2.5.3 SPECIAL EXPENSES .................................................. .............................17 2.5.4 OTHER GUIDELINES .................................................. ............................1.7 2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS ....... .............17 2.6 COUNCIL COMPENSATION COMMITTEE ......................... .............................17 2.6.1 MEMBERSHIP ........................................................... .............................17 2.6.2 REVIEW RESPONSIBILITY ....................................... .............................17 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS .................................... .............................18 3.1 MAYOR - POWERS AND DUTIES ..... ............................. .............................18 3.2 APPOINTMENT OF VICE- MAYOR ...................................... .............................18 3.3 FILLING COUNCIL VACANCIES ......................................... .............................18 3.3.1 APPOINTMENT OR SPECIAL ELECTION ................ .............................18 3.3.2 PUBLIC APPOINTMENT ............................................ .............................19 3.3.3 ADVERTISE FOR APPLICANTS ................................ .............................19 3.3.4 QUALIFICATIONS ...................................................... .............................19 3.3.5 PUBLIC MEETING ...................................................... .............................19 3.4 ADMINISTERING OATHS: SUBPOENAS_.. .................................................... 20 3.5 LIMITATIONS ........................................................................ .............................20 3.6 METHOD OF ACTION BY COUNCIL .................................. .............................20 3.7 ORDINANCES ................................................ .............................21 3.8 ACCEPTANCE OF GRANTS OR DEEDS . ............................. .............................21 3.9 LEGISLATIVE ACTION PROGRAM ....................................... .............................21 ii 3.10 AMICUS CURIAE PARTICIPATION .................................. .............................21 CHAPTER FOUR THEBROWN ACT ........................................................................... .............................22 4.1 APPLICABILITY AND PENALTIES ..................................... .............................22 4.2 MAJOR PROVISIONS ........................................................... .............................22 4.2.1 APPLICABILITY ....................................................... .............................22 4.2.2 MEETINGS .........................................................,...... .............................22 4.2.3 AGENDAS ................................................................. .............................22 4.2.4 ACTIONS ................................................................... .............................22 4.2.5 PUBLIC INPUT .............................. ............................... ...23 4.2.6 PUBLIC DISRUPTIONS ............................................ .............................23 4.2.7 CORRESPONDENCE ................................................ .............................23 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...........................23 4.3 SPECIAL MEETINGS .. ..................................................... .............................24 4.4 EMERGENCY MEETINGS .................................................... .............................24 4.5 ELECTRONIC MAIL (EMAIL), Tl -Il PUBl -lC RECORDS ACT AND THE BROWN ACT ....................................................... .............................24 4.6 OTHER PROVISIONS ........ ................................................................... ,.............. 24 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT .................. .............................25 5.1 INTENT . .... . ........................................................................ .............................25 5.2 GUIDELINES FOR COUNCIL MEMBERS ......................... .............................25 5.2.1 REQUESTS FOR INFORMATION ........................... .............................25 5.2.2 DIRECTION TO STAFF ............................................ .............................25 5.3 GUIDELINES FOR STAFF .................................................. .............................25 5.3.1 TIMELY RESPONSE ................................................. .............................26 5.3.2 DIRECTION FROM COUNCIL ................................ .............................26 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS .............26 5.3.4 INFORMATION DISTRIBUTION ............................ .............................26 5.3.5 SIGNIFICANT INFORMATION .............................. .............................26 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS .... 27 5.4.1 TELEPHONES ................................................. ...................................... 27 iii 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....27 5.4.3 SECURITY ................................................................ .............................27 5.4.4 INTERNET ACCESS ......................._........................ .............................28 5.4.5 ELECTRONIC MAIL ( EMAIL) ................................ .............................28 5.4.6 SUPPORT RESPONSIBILITIES .............................. .............................28 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ............ .............................28 CHAPTER SIX ADVISORY BODY PROCEDURES .......................... .................. .............................29 6.1 ROLE OF COI TNCTL LIAISON ST IBCOMMTTTFF MFMBFR S .................... 79 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES ..... ..................29 6.1.2 ROLE ......................................................................... .............................29 6.1.3 COMMUNICATION ................................................. .............................29 6.1.4 EDUCATION ............................................................ .............................29 6.1.5 APPOINTMENT AND RECOMMENDATION ...... .............................29 6.1.6 ATTENDANCE ......................................................... .............................29 6.2 COUNTY OR REGIONAL REPRESENTATION .............. .............................30 6.3 OTHER COUNCIL SUBCOMMITTEES ............................ .............................30 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ....... 30 6.4.1 INTENT .................................................................... .............................30 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................30 6.4.3 COUNCIL MEET INGS ............................................ .............................30 6.4.4 RECOMMENDATIONS .......................................... .............................31 6.5 ROLE OF CITY STAFF PERSONS .................................... .............................31 6.6 APPOINTMENT PROCEDURES .............................. ...... .............................31 6.6.1 PURPOSE........... ...................................................... .............................31 6.7 PROCESS ........................................................................... .............................32 6.7.1 QUALIFICATIONS .................................................. _............................32 6.7.2 TERMS ..................................................................... .............................32 6.7.3 PROCESS ................................................................. .............................33 1V COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power (the right of the City to make laws governing health, safety, morals and welfare and morals for the benefit of the community) granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council- Mayor -City Manager form of government. The last charter revision occurred on August 30, 2011. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2012 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meeting shall be held the first, second and third Tuesday of each month beginning at 700 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 700 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of foinats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2012 Page 2 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council on no less than 24 hour notice and as otherwise specified by Government Code § 54956) (Ord. 959) 1.1.4.2 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non - profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. Council Policies & Procedures Manual 2012 Page 3 e. Regularly scheduled meetings by other agencies, and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate and/or City Ballot Measure Forum where the public and all candidates and/or proponents /opponents to a City ballot measure or candidates for a particular public office have been invited. Any candidate/ballot measure forums to be held in the Council Chamber shall not include City staff services. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well -being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.7). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance should be scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discrnss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney and City Cleric review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the, Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall Council Policies & Procedures Manual 2012 Page 4 arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his /her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety and coming to the attention of the Council after the regular notice deadlines may be considered emergency in nature. A four - fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. Council Policies & Procedures Manual 2012 Page 5 1.3 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.7.1 Call to Order 1.2.7.2 Pledge of Allegiance 1.2.7.3 Roll Call 1.2.7.4 Closed Session Report (if any) 1.2.7.4 Presentations 1.2.7.5 Appointments 1.2.7.6 Public Comment 1 =2.7.7 Consent Agenda 1.2.7.8 Public Hearings and Business Items 1.2.7.9 Liaison Reports and Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.13 Seating arrangement of the Council; 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Council Policies & Procedures Manual 2012 Page 6 Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions shall be succinct and limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff. A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. Council Members are encouraged to provide questions to staff prior to meetings and also to attend staff briefings on complex issues. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. Council Policies & Procedures Manual 2012 Page 7 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and deconim during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. Council Policies & Procedures Manual 2012 Page 8 1.3.5.1.4 Limit the use of personal electronic devices to urgent personal matters while seated at the dais during Council meetings. 1.3.5.1.5 During a public hearing, correspondence between Council Members or between a member of the public and the Council regarding the public hearing matter being considered by the City Council must occur in the open and any communications outside of the noticed public meeting on which the Council member's decision is based should be disclosed during the public hearing. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in Council Policies & Procedures Manual 2012 Page 9 compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote shall be taken for each Council action and include the following practice: the Mayor will give clear instructions: "Those in favor of the adoption of the motion will, as their names are called, answer yes; those opposed, will answer no. The City Clerk will call the roll." The City Clerk will call for the roll call vote in the following manner: 1) Maker of the motion. 2) Member who has seconded the motion. 3) Additional Council members in alphabetical order by last name. 4) Mayor last. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so'. Council Policies & Procedures Manual 2012 Page 10 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record and posted to the City's website. (GC § 54957.5) Agenda Correspondence, in general, are correspondence and other documents from the public, the City Council and City staff regarding Council agenda items received after the agenda packets have been distributed. Agenda Correspondences may take the following form: letters and emails from citizens; memos of clarification or revision from City staff; liaison reports from the City Council; communication items from City Council; late release or added -on agenda reports. An Agenda Correspondence is date - stamped and stamped with the distribution stamp. Agenda Correspondences are distributed by the City Clerk and made available for public review as they are received. The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker may not yield time to another speaker. A speaker slip should be filed with the City Clerk, but is not required in order to speak. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. - 1.3.7.3 Individuals desiring to speak on an item on the agenda shall: 1.3.7.3.1 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.2 Comment on the specific matter before the Council with reasons for the position taken. Council Policies & Procedures Manual 2012 Page 11 1.3.7.3.3 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer with the consensus of Council Members, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. A speaker may not yield their time to another speaker. 1.3.7.3.4 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.3.5 Shall avoid personal attacks, abusive language or other disruptive behavior. 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant /appellant they are representing. If the applicant /appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. Council Policies & Procedures Manual 2012 Page 12 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Substantive debate or deliberation or formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. Council Policies & Procedures Manual 2012 Page 13 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four - fifths vote of the Council, or as otherwise required by law. 1.3.10.3 Confidential materials provided for Closed Sessions must be returned to the City Attorney by the conclusion of the Closed Session. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings, 1.4.7 To assure timely information for the public, Action Updates shall be posted on the City's website as soon as possible. Council Policies & Procedures Manual 2012 Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Compensation for services rendered in an official capacity shall be established by resolution duly adopted and consistent with the rules established in the Charter. 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. Individual Council members may waive any or all of the compensation provided to them. Such a waiver shall affect only the individual choosing to waive compensation for the period of time specified by that individual. An individual waiver shall not be binding on any other current or future Council member. Should any Council member wish to make a change in their individual compensation staff will return with the appropriate resolution to effectuate this change. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT — INCLUDING TRIPS AND MEETINGS For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines. 2.3.2 START -UP ALLOWANCE An additional professional development allowance shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative Council Policies & Procedures Manual 2012 Page 15 operations during the first 12 months following the taking of office and the amounts shall be as set forth in the applicable financial plan adopted by the Council. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in the Financial Plan. 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his /her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. Council Policies & Procedures Manual 2012 Page 16 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 OTHER GUIDELINES Any other travel - related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS The Political Reform Act of 1974 (Government Code sections 87200) requires local public officials to file a Statement of Economic Interest — Form 700 — to disclose certain investments, interests in real property, sources of income, gifts, loans and business positions when assuming office, annually and when leaving office. 2.6 COUNCIL COMPENSATION COMMITTEE A five- member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. Council Policies & Procedures Manual 2012 Page 17 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall .o power. s presiding Orr_..__ Of n..__nc i pusses no veto �uwci. r» �icaiuiu� uiii�ci ui uic �,uuu�il, uic iviayor Will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial purposes and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.1.5 The Mayor may solemnize marriages while in office, (Family Code Section 400.1). All rules and regulations for the rental of City facilities would apply. 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. Council Policies & Procedures Manual 2012 Page 18 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. In the case of a vacancy due to a current Council Member elected to the Mayor's seat, the City Clerk may advertise the vacancy once the County Registrar of Voters has certified the election results. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall submit a written statement of 500 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. Council Policies & Procedures Manual 2012 Page 19 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 1 c A<, 11 r pol4l-o eoll„Jio ll os ict discussion, +,L r e Muyo l s,u li open the flool to lJ L11 luI 1 lvl lll LllllwL nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.5 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.6 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Council Policies & Procedures Manual 2012 Page 20 Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.7 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.8 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.9 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and /or resolutions or recommendations of the League of California Cities. 3.10 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2012 Page 21 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings.. The law provides for misueimeanor penalties ivr members of a body who violate the AUt (GC § 54959). in audition, violations are-subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in (Ills Chapler. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than one other Council Member for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet statutory requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists (determined by a majority of the Council). Council Policies & Procedures Manual 2012 Page 22 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council no earlier than one week of the closed session. (GC § 54956.9) 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) Council Policies & Procedures Manual 2012 Page 23 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the . employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 547-)6) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk. Council Policies & Procedures Manual 2012 Page 24 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2012 Page 25 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in 41,..4 staff .....,. .7 '�L ._._� altering ._._� ',. __ a 1_ 1_. 1 J_1___ scope so that stall Gall respond without altering other priMILIC6 ailu with only 111111lillal UGldy to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service- related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council Policies & Procedures Manual 2012 Page 26 Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS The City will provide each Council Member with equal and appropriate communications and technological devices to facilitate their public service and within the confines of the IT standards for hardware and software specifications. 5.4.1 TELEPHONES The City will provide at their request, each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member, at their request, with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: • The City information systems exist solely for the purpose of conducting City business, not intended for personal use. • All data (including electronic mail messages) is owned by the City and subject to public disclosure. • All software and hardware installations should be made by IT staff on City -owned machines only. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2012 Page 27 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) ,... «,.:1 r�{ L •n �� 41. ,. r:�_. 1.- .-�..� •1 iT� •1� �.....,. 41. ,.� - --: 11 11. - - -- CounG111V1er11Uers Wlll have [Ll�eess LV L110 l-1Ly elOGLlVrllU 111all `l-Alla.11) 6y6LGlll WaL W111 a11UW Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2012 Page 28 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2012 Page 29 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2012 Page 30 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2012 Page 31 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the.Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the PrvriivtJ.onai Coord.natmg Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Construction Board of Appeals, which do not have term limits. 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2012 Page 32 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purpose' committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.3 The City Clerk shall post /publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.4 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.5 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.6 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. 1 Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2012 Page 33 6.7.3.7 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2012 Page 34 Council Policies and Procedures: Please download: http / /www. slocity. org /cityclerk /download /advisorybodystuf`f/2008 councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: http / /www. slocity.org /cityclerkl download/ advisorybodystuf`f/ 2008councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: httpllwww. slocity. orgl cityclerkl downloadladvisorybodystuffl2008 councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: httpllwww. slocity.orglcityclerkl downloadl advisorybodystuff/ 2008councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: http / /www. slocity.orglcityclerkl downloadl advisorybodystuffl 2008councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: http / /www. slocity.orglcityclerkl download/ advisorybodystuff/ 2008councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: http / /www. slocity. org/ cityclerk ldownloadladvisorybodystuf`f/2008 councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: httpllwww. slocity. orgl cityclerkl downloadladvisorybodystuffl2008 councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: http / /www. slocity. orgl cityclerk ldownloadladvisorybodystuff /2008 councilpoliciesandprocedures. pdf. Council Policies and Procedures: Please download: http / /www.slocity.org /cityclerkl download/ advisorybodystuf`f/ 2008councilpoliciesandprocedures .pdf. Council Policies and Procedures: Please download: http / /www. slocity.org /cityclerkl download/ advisorybodystuf`f/ 2008councilpoliciesandprocedures .pdf. city of san Luis oBIspo COUNCIL POLICIES AND PROCEDURES MANUAL Adopted b the City Council April 20, 2004, Resolution No. 9554 Updated by the Cit Council May 2, 2006, Resolution No. 9794 November 16, 2008, Resolution No. 10041 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS FOREWARD.................. ................................................ ............................... .................1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES ............ ...................... ..............................2 1.1 MEETING SCHEDULE ............................................................. ..............................2 1.1.1 MEETINGS OF COUNCIL ............................................ ..............................2 1. 1.2 REGULAR MEETINGS ................................................. ..............................2 1.1.3 STUDY SESSIONS ........................................................ ..............................2 1.1.4 SPECIAL MEETINGS ................................................... ..............................3 1.1.5 USE OF COUNCIL CHAMBER .................................... ..............................3 1.2 AGENDA .................................................................................... ..............................4 1.2.1 ESTABLISHING THE COUNCIL AGENDA ................ ..............................4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ...........5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ............5 .... 7 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ........................5 1.2.5 EMERGENCY ITEMS .......................... ............................... ......5 1.2.6 RECONSIDERATION ................................................... ..............................5 ....9 1.2.7 ORDER OF BUSINESS ................................................. ..............................6 1.2.8 NOTIFICATION AND ADVERTISING ....................... ..............................6 1.3 MEETING PROCEDURES ........................................................ ..............................6 1.3.1 PRESIDING OFFICER ................................................. ..............................6 1.3.2 QUORUM ...................................................................... ..............................7 1.3.3 DISCUSSION RULES..... ................................................ - ..... .............. .... 7 1.3.4 PARLIAMENTARY PROCEDURE ............................. ..............................8 1.3.5 PROTOCOL .................... .......................................... ..............................8 1.3.6 VOTING PROCEDURES ..................... ............................... ................... ....9 1.3.7 PUBLIC COMMENT ................................................... .............................10 1.3.8 CONSENT AGENDA ........ . ...................................... .............................12 1.3.9 COMMUNICATIONS .................................................. .............................12 1.3.10 CLOSED SESSIONS.............. ...................................., .............................13 1.4 MEETING COVERAGE ........................................................ .............................13 CHAPTER TWO COUNCILCOMPENSATION ........................................................ .............................15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....... .............................15 2.2 RETIREMENT. MEDICAL. DENTAL. VISION AND LIFE INSURANCE .......15 i 2.3 PROFESSIONAL DEVELOPMENT ........................................ .............................15 2.3.1 PROFESSIONAL DEVELOPMENT ............................ .............................15 2.3.2 START -UP ALLOWANCE .......................................... .............................15 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ...... .............................16 2.4.1 CITY BUSINESS--_--, ...... .................................... __ ....... ....... .... 16 2.4.2 MILEAGE ......................... ............................... .. .............................16 2.5 GENERAL PROCEDURES AND LIMITATIONS .................. .............................16 2.5.1 ACCOUNTING ................................. ............................... ...................16 2.5.2 REIMBURSEMENT LIMITATION ............................ .............................17 2.5.3 SPECIAL EXPENSES .................................................. .............................17 2.5.4 HONORARIUM ......................................................... .............................17 2.5.5 OTHER GUIDELINES ................................................. .............................17 2.6 COUNCIL COMPENSATION COMMITTEE ......................... .............................17 2.6.1 MEMBERSHIP ........................................................... .............................17 2.6.2 REVIEW RESPONSIBILITY ....................................... .............................17 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS .................................... .............................19 3.1 MAYOR - POWERS AND DUTIES ....................................... .............................19 3.2 APPOINTMENT OF VICE-MAYOR. ......................................... I ........................ 19 3.3 FILLING COUNCIL VACANCIES ......................................... .............................19 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............... .............................19 3.3.2 PUBLIC APPOINTMENT ............................................ .............................20 3.3.3 ADVERTISE FOR APPLICANTS ................................ .............................20 3.3.4 QUALIFICATIONS ...................................................... .............................20 3.3.5 PUBLIC MEETING ...................................................... .............................20 3.4 GENERAL POWERS OF THE COUNCIL ............................ .............................21 3.5 ADMINISTERING OATHS; SUBPOENAS.............................. ......................... 21 3.6 LIMITATIONS ........................................................................ .............................22 3.7 METHOD OF ACTION BY COUNCIL ................................. .............................22 3.8 ORDINANCES ..................... ............................... 3.9 ACCEPTANCE OF GRANTS OR DEEDS....... ii ............. .............................22 .............. .............................22 3.10 LEGISLATIVE ACTION PROGRAM ................................. .............................22 3.11 AMICUS CURIAE PARTICIPATION ................................... .............................23 CHAPTER FOUR THEBROWN ACT ........................................................................... .............................24 4.1 APPLICABILITY AND PENALTIES ............. .._............................ .24 4.2 MAJOR PROVISIONS .......................................................... .............................24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS ............................................................... .............................24 4.2.3 AGENDAS ................................................................. .............................24 4.2.4 ACTIONS ................................................................... .............................24 4.2.5 PUBLIC INPUT .......................................................... .............................25 4.2.6 PUBLIC DISRUPTIONS ............................................ .............................25 4.2.7 CORRESPONDENCE ................................................ .............................25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...........................25 4.3 SPECIAL MEETINGS..:: ....... ............................................................................. 26 4.4 EMERGENCY MEETINGS .................................................... .............................26 4.5 ELECTRONIC MAIL (EMAIL), THE PUB1,1C RECORDS ACT AND THE BROWN ACT ....................................................... .............................26 4.6 OTHER PROVISIONS.......... ... ............................... ............ .............................26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT .................. .............................27 5.1 INTENT .................................................................................. ............................... 27 5.2 GUIDELINES FOR COUNCIL MEMBERS ......................... .............................27 5.2.1 REQUESTS FOR INFORMATION................... ........ .............................27 5.2.2 DIRECTION TO STAFF ............................................ .............................27 5:3 GUIDELINES FOR STAFF ................................................... .............................27 5.3.1 TIMELY RESPONSE ................................................. .............................28 5.3.2 DIRECTION FROM COUNCIL ................................ .............................28 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ............28 5.3.4 INFORMATION DISTRIBUTION ........................... .............................28 5.3.5 SIGNIFICANT INFORMATION ............................. .............................28 iii 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS .... 29 5.4.1 TELEPHONES ..................................... --- ... ................ ........................... 29 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....29 5.4.3 SECURITY ................................................................ .............................29 5.4.4 INTERNET ACCESS ................................................ .............................30 5.4.5 ELECTRONIC MAIL ( EMAIL) ................................ ................... ..........30 5.4.6 SUPPORT RESPONSIBILITIES .............................. .............................30 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ............ .............................30 CHAPTER SIX ADVISORY BODY PROCEDURES... ............... ............... ........ ............. ...... 31 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ....................31 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES .......................31 6.1.2 ROLE ......................................................................... .............................31 6.1.3 COMMUNICATION ................................................. .............................31 6.1.4 EDUCATION ............................................................ .............................31 6.1.5 APPOINTMENT AND RECOMMENDATION ...... .............................31 6.1.6 ATTENDANCE ......................................................... .............................31 6.2 COUNTY OR REGIONAL REPRESENTATION .............. .............................32 6.3 OTHER COUNCIL SUBCOMMITTEES... ............................ ......................... 32 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS.... -32 6.4.1 INTENT ... ..................................................... .............................32 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................32 6.4.3 COUNCIL MEETINGS ............................................ .............................32 6.4.4 RECOMMENDATIONS .......................................... .............................33 6.5 ROLE OF CITY STAFF PERSONS .................................... .............................33 6.6 APPOINTMENT PROCEDURES ....................................... .............................33 6.6.1 PURPOSE. ..................................................................... ....... .... -- ...... 33 6.7 PROCESS .................... ..... .. ............................................ ........... ..... ... ..... ...,.....34 6.7.1 QUALIFICATIONS .................................................. .............................34 6.7.2 TERMS ... .............................................................. .............................34 6.7.3 PROCESS-... ............................................... ................................... 35 1V COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor -City Manager form of government. The last charter revision occurred on November 4, 2008. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2008 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 1 1:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2008 Page 2 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the . City Council. (GC § 54956)_ Written notice of each special meeting must be given not less than twent-four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty -four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non - profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any Council Policies & Procedures Manual 2008 Page 3 non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). e. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and /or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at L11e Clty/ COU11Ly IL'1brav , In addition to the Lost 1Wr services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well- being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney Council Policies & Procedures Manual 2008 Page 4 and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four -fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during Council Policies & Procedures Manual 2008 Page 5 1.3 that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Cali 1.2.5.4 Presentations 1.2.5.5 Appointments 1.2.5.6 Public Comment 1.2.5.7 Consent Agenda 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2008 Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of Council Policies & Procedures Manual 2008 Page 7 staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. Council Policies & Procedures Manual 2008 Page 8 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. Council Policies & Procedures Manual 2008 Page 9 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote may be at the discretion of the Presiding Officer. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. Council Policies & Procedures Manual 2008 Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name Council Policies & Procedures Manual 2008 Page 11 and address, and /or the name and address of the applicant /appellant they are representing. If the applicant /appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest Council Policies & Procedures Manual 2008 Page 12 received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially Council Policies & Procedures Manual 2008 Page 13 recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. Council Policies & Procedures Manual 2008 Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and Council Policies & Procedures Manual 2008 Page 15 legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance: Council Member $300 Mayor $450 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available Council Policies & Procedures Manual 2008 Page 16 for review in the City Clerk's Office and the Mayor and' Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and /or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his /her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel- related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five-member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, Council Policies & Procedures Manual 2008 Page 17 benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and /or Mayor. Council Policies & Procedures Manual 2008 Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow incorporation into the Council goal- setting process. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of Council Policies & Procedures Manual 2008 Page 19 the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (15 0) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 33.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. Council Policies & Procedures Manual 2008 Page 20 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 GENERAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in the Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for the Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) Council Policies & Procedures Manual 2008 Page 21 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION PV COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond Council Policies & Procedures Manual 2008 Page 22 promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and /or resolutions or recommendations of the League of California Cities. 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2008 Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and_ public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before [lie City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: Council Politics & Procedures Manual 2008 Page 24 4.2.4.1 An emergency situation exists (determined by a majority of the Council). 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and /or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and /or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) Council Policies & Procedures Manual 2008 Page 25 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL EMAIL THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For fiirther detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and /or the City Clerk. Council Policies & Procedures Manual 2008 Page 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2008 Page 27 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service- related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a Council Policies & Procedures Manual 2008 Page 28 regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: • The City information systems exist solely for the purpose of conducting City business, not intended for personal use. • All data (including electronic mail messages) is owned by the City and subject to public disclosure. • All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2008 Page 29 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2008 Page 30 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2008 Page 31 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and /or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and /or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2008 Page 32 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2008 Page 33 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Construction Board of Appeals, which do not have term limits. 6.7.23 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2008 Page 34 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special- purpose I committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.4. The City Clerk shall post /publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. .. 6.7.3.5 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. 1 Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2008 Page 35 6.7.3.8 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2008 Page 36 Please download Council Policies and Procedures http:l /www.sloci .or r cityclerk-ldowiiloadladvisurybu dystuffl2 OO8couticilpoliciesandpro cedures.pdf Please download Council Policies and Procedures irktL: / /www.slocity, orb,/ cityclerk/ download/ adviso [ybodystuf- /2008couiieilpoiic: esandpro cedures.pdf Please download Council Policies and Procedures liiip•llwww slocity or r cityelerklc lownloadladvisorybodysttifI Y2008council oliciesandpro cedures.pdf Please download Council Policies and Procedures httj2: / /w�vw.slocity.or ,/ citycI�, rk/ download /tidvisos-ybodystuft720 )r4cotmcilpoliciesand}2ro cedures d Please download Council Policies and Procedures 1ittt :llwww slocity or�!,lcit cl► rk/ download/ advisoi�!bodystuf`ff2008councilpolic es�tnd iro cedures.pdf Please download 'Council Policies and Procedures http-//www.slocity.orgAji� i-kJdownloadladvisorybodystuff/2008couticilpolici,esmidpi-o de cedures.pd Please download Council Policies and Procedures litip:l /www.. locity.orticA�' cal( �t-k ldownloadladvisorybodystuffl2O O8counciipoliciesand pro cedures.pdf T Cano, Elaina From: Lichtig, Katie Sent: Thursday, October 20, 201110:17 AM To: Dietrick, Christine; Cano, Elaina Subject: FW: Special Meeting Oct 25th Follow Up Flag: Follow up Flag Status: Flagged I don't have information from others. Katie E. Lichtig City Manager City of San Luis Obispo, CA 990 Palm Street San Luis Obispo, CA 93401 -3249 805 - 781 -7114 www.slocity.org From: Carpenter, Dan Sent: Tuesday, October 18, 20113:36 PM To: Lichtig, Katie Subject: Special Meeting Oct 25th Hi Katie, I wanted to give you some thoughts about what I'd like to talk about during our policies and procedures meeting next week. I'm sure most of them you'll recognize as previous concerns of mine. These are just my top few. Others will come to surface I'm sure. 1. Electronic Equipment - Use of Ipads by Council members - optional per comfort level of each member. 2. Stipend for personal cell phone use - as opposed to using City owned cell phones. 3. Shorter /Earlier Council Meetings - My intent is to keep the public attending and engaged in our meetings. Can be accomplished in one of three ways...... Council members substantially reduce comment time combined with shorter staff presentations, or start meetings earlier ( 5 or 6), or have three meetings per month instead of two. I really believe a change needs to happen here sooner than later. Ref. Chapter One, 1.1.1. "Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency ". A couple of other thoughts. I think the monthly compensation for each Council member is a individual choice based on their personal needs as long as it falls within the maximum allowed by City Charter. I would not want to see a decision made at this time that would set a reduced amount for all Council members. I also prefer a separate resolution for each action instead of a blanket one. I would support a position of each Council member paying their own contribution to PERS. Any clarifications needed, please let me know. DC Dan Carpenter Cano, ENaina From: Marx, Jan Sent: Monday, October 24, 20114:37 PM To: Cano, Elaina Subject: FW: proposed added language to section 1.3.7 Please include in proposed language. Jan From: Marx, Jan Sent: Monday, October 24, 20114:21 PM To: Lichtig, Katie; Dietrick, Christine Subject: proposed added language to section 1.3.7 On page 11, after the words "regular meeting." And before "The following...: Speakers are expected to demonstrate respect and civility towards those with differing opinions and towards city staff. The Mayor may declare speakers out of order if they engage in obscene or verbally abusive rhetoric. Cano, Elaina From: Carter, Andrew Sent: Monday, October 24, 20117:12 PM To: Cano, Elaina Subject: RE: Council Member Appointment Thanks. Andrew Carter Council Member City of San Luis Obispo From: Cano, Elaina Sent: Monday, October 24, 20114:06 PM To: Carter, Andrew; Dietrick, Christine; Lichtig, Katie Subject: RE: Council Member Appointment Andrew, Although the Council's Policies and Procedures refers to the appointment process for filling a vacant seat, please keep in mind (as I'm sure you have) that City Charter Section 4o6 also governs timelines, as well. Thanks, Elaina From: Carter, Andrew Sent: Monday, October 24, 2011 11:33 AM To: Dietrick, Christine; Cano, Elaina; Lichtig, Katie Subject: Council Member Appointment As FYI, one issue I plan to raise tomorrow is the process for appointing a new Council Member when a previous one retires. As you may recall, when we appointed Dan, we talked about the potential for changing the timetable when the resignation is known in advance. As it stands now, the appointment clock starts on the actual date of resignation. Besides a resignation of a Council Member due to election to Mayor, it's likely that other resignations might be known in advance. Most people don't resign immediately, but rather give advance notice of 30 days, 60 days, whatever. Andrew Carter Council Member City of San Luis Obispo Cano, Elaina From: Marx, Jan Sent: Tuesday, October 25, 201111:16 AM To: Cano, Elaina Cc: Dietrick, Christine; Lichtig, Katie Subject: RE: Family Code section 400.1 Okay I will bring it up Jan - - - -- Original Message---- - From: Cano, Elaina Sent: Tuesday, October 25, 2011 11:14 AM Pacific Standard Time To: Marx, Jan Cc: Dietrick, Christine Subject: RE: Family Code section 400.1 Well, I think the ultimate decision is yours; however, Chapter 3.1 Mayor — Power and Duties, it may be appropriate to include there. From: Marx, Jan Sent: Tuesday, October 25, 201111:10 AM To: Cano, Elaina Cc: Dietrick, Christine Subject: Family Code section 400.1 Adds the provision that a mayor may solemnize marriages while in office. Did you want to put this into the Policies and Procedures, Elaina? Jan Jan Howell Marx Mayor of San Luis Obispo (805) 781 -7120 or (805) 541 -2716 Cano, Elaina From: Richardson, April Sent: Monday, March 07, 20119:53 AM To: Cano, Elaina Cc: Codron, Michael Subject: Council Policies and Procedures Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Elaina, In gathering some budgetary information for Council, I realized that the Council Policies and Procedures Manual is outdated. Council's Professional Development annual allowance (2.3.1) was eliminated in the 2009 -11 Financial Plan. I don't know when you update the manual, I just wanted to make sure that you knew about this change. Thank you. April Richardson Administrative Assistant City of San Luis Obispo 805 - 781 -7123 Visit our website at www.slocity.org Information from ESET NOD32 Antivirus, version of virus signature database 5933 (20110307) The message was checked by ESET NOD32 Antivirus. 1Atp://ww-w.eset.com JHM ANNOTATED BOLD = ADDITIONS STRIKE THROUGH= DELETIONS COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council- Mayor -City Manager form of government. The last charter revision occurred on 2011. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Add Red File section (including that they are posted on the city website) Council Members shall remain and shall make no telephone calls, texting or reading email during council meetings Individual council member or Mayor waiver of any or all of compensation Update sections regarding allowances to reflect recent budget reductions. Allow more flexibility in the policy regarding technology solutions for each council member. Council Policies & Procedures Manual 2008 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2008 Page 2 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty -four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non - profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any Council Policies & Procedures Manual 2008 Page 3 non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a BALLOT MEASURE FORUM or Candidate Forum where the public and PROPONENTS AND OPPONENTS TO A BALLOT MEASURE OR all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well- being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Council Policies & Procedures Manual 2008 Page 4 Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four -fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. Council Policies & Procedures Manual 2008 Page 5 The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Appointments 1.2.5.6 Public Comment 1.2.5.7 Consent Agenda 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, Council Policies & Procedures Manual 2008 Page 6 shall establish other seating arrangements for regular Council meetings. 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.1.5 The Mayor shall ask a Council Member to lead the Pledge of Allegiance, on a rotating basis. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 133 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions sheW SHALL be SUCCINCT AND limited to the issue before Council, OR MAY BE CALLED TO ORDER. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. COUNCIL MEMBERS ARE ENCOURAGED TO PROVIDE QUESTIONS TO STAFF PRIOR TO MEETINGS AND ALSO TO ATTEND STAFF BRIEFINGS ON COMPLEX ISSUES. 1.3.3.3 Interruptions: Council Policies & Procedures Manual 2008 Page 7 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall deterimne its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. Council Policies & Procedures Manual 2008 Page 8 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in Council Policies & Procedures Manual 2008 Page 9 compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote may be taken at the discretion of the Presiding Officer. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) Council Policies & Procedures Manual 2008 Page 10 The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes FOR EACH SPEAKER is provided. A SPEAKER MAY NOT GIVE HIS OR HER THREE MINUTES TO ANOTHER SPEAKER. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak ON AN ITEM ON THE AGENDA shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comments to three (3) minutes until others have had opportunity to address the Council. A SPEAKER MAY NOT GIVE HIS OR HER THREE MINUTES TO ANOTHER SPEAKER HOWEVER, the Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). Council Policies & Procedures Manual 2008 Page 11 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member Council Policies & Procedures Manual 2008 Page 12 of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.3.10.3 CONFIDENTIAL MATERIALS PROVIDED FOR CLOSED SESSIONS MUST BE RETURNED TO THE CITY ATTORNEY BY THE CONCLUSION OF THE CLOSED SESSION. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council Policies & Procedures Manual 2008 Page 13 Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. Council Policies & Procedures Manual 2008 Page 14 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance: Council Member $300 Mayor $450 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Council Policies & Procedures Manual 2008 Page 15 Quarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his/her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. Council Policies & Procedures Manual 2008 Page 16 2.5.5 OTHER GUIDELINES Any other travel- related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. Council Policies & Procedures Manual 2008 Page 17 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of Council Policies & Procedures Manual 2008 Page 18 the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. Council Policies & Procedures Manual 2008 Page 19 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 GENERAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in the Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for the Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) Council Policies & Procedures Manual 2008 Page 20 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond Council Policies & Procedures Manual 2008 Page 21 promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and /or resolutions or recommendations of the League of California Cities. 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2008 Page 22 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALLTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) (PLEASE CLARIFY) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: Council Policies & Procedures Manual 2008 Page 23 4.2.4.1 An emergency situation exists (determined by a majority of the Council). 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible"; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) Council Policies & Procedures Manual 2008 Page 24 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and/or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL ILI, THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk. Council Policies & Procedures Manual 2008 Page 25 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2008 Page 26 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a 'one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service- related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a Council Policies & Procedures Manual 2008 Page 27 regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer workstation and related City - standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: ■ The City information systems exist solely for the purpose of conducting City business, not intended for personal use. • All data (including electronic mail messages) is owned by the City and subject to public disclosure. • All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2008 Page 28 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2008 Page 29 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2008 Page 30 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2008 Page 31 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2008 Page 32 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Construction Board of Appeals, which do not have term limits. 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2008 Page 33 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purpose' committee at the same time he or she is serving on a non - technical or non - special- purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.4. The City Clerk shall post/publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.5 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. 1 Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2008 Page 34 6.7.3.8 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2008 Page 35 _G I i ,i! V1(.,� COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature. This pertains ing to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other I do not understand "police power" Can we be more clear? hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor -City Manager form of government. Another The last charter revision occurred on November 4, 2008. The last charter revision occurred on July 30, 2011 revoking Binding Arbitration and amending the Retirement section to alter pension reform. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Note: In my recommended changes: • Deletions are underlined and boldface • Additions are in a comic sans font /boldface Thanks - Katl Council Policies & Procedurto . __._ Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7 :00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting maybe cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisor y bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may _provide direction but No direction or formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2008 Page 2 1.1.33 Participation of the public shall be at the discretion of the Presiding- Officer, upon consensus of the Council. 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings maybe called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty -four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. ( ? ? ? ? ?) 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non -profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.52c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non -profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any Council Policies & Procedures Manual 2008 Page 3 non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as_ approved by the Mayor ? ? ? ? ?, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well -being of the City. (???????) The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance should be are usuafly scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney Council Policies & Procedures Manual 2008 Page 4 and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four -fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during Council Policies & Procedures Manual 2008 Page 5 that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Appointments 1.2.5.6 Public Comment 1.2.5.7 Consent Agenda 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest ? ? ? ? ? ?? that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner utililizing electronic media avenues as well as traditional sources. All affidavits of publication shall be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2008 Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Council or staff shall utilize the light system ? ?? to first address the Presiding Officer and gain recognition from the presiding officer. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 13.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of Council Policies & Procedures Manual 2008 Page 7 staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. Council Policies & Procedures Manual 2008 Page 8 3.5.1.4 Limit the use of electronic devices to urgent personal matters while seated at the Dais during Council meetings. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act, 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. ? ? ? ? ?? 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public Council Policies & Procedures Manual 2008 Page 9 clarification. 1.3.6.6 A roll call (voice) vote may be taken at the discretion of the Presiding Officer. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § _54957.5) Red Files (not sure how it would be inserted - seems like the right spot) • Public communications received prior to a meeting will be distributed in a Red File and be made available for public view on the City Website and in the City Clerk's Office. • Other items considered for inclusion in the Red File are: o Supplemental information regarding an agenda item produced by staff after publishing of the agenda. Council Policies & Procedures Manual 2008 Page 10 ETC ? ? ? ? ? ?? Pro - active distribution of Red Files includes City Council, key staff members and the media The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comments to three (3) minutes. until others have had op ortuniV to address the Council. The Presiding Officer, after all others have spoken, may allow speakers to alter presentation time as deemed appropriate. additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). Council Policies & Procedures Manual 2008 Page 11 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along witli the-rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. Council Policies & Procedures Manual 2008 Page 12 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. ? ? ? ? ? ?? 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speakiny- to a particular item should be limited to five minutes. ? ? ? ?? 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to Council Policies & Procedures Manual 2008 Page 13 editorial comment. 1.4.2 All regular City Council meetings and study sessions shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. 1.4.7 To assure timely information for the public, Action Updates shall be posted on the City Website as soon as possible. CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 'SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 (reduced as per below) per month; and -the Mayor shall receive a monthly_ salary of $1,200. (same as above) (Res. 9794, 2006 series). 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City- funded participation in P.E.R.S. retirement paying the employee contribution for pension. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. Council Policies & Procedures Manual 2008 Page 14 • My recommendation for 6.8% reduction in pay includes; • Mayor & Council paying the employee contribution for pension. • Reduction in actual salary for each individual to reach the 6.8% reduction. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance: Council Member $300 $200 Mayor $450 $350 Council Policies & Procedures Manual 2008 Page 15 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly Mileage Allowance: Council Member $300 $200 Mayor $450 $350 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and /or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. Council Policies & Procedures Manual 2008 Page 16 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his/her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 GIFTS When a Mayor or Council Member accepts free tickets to an event for which others pay, that amount will be reported in the annual Gift report and comply with the limits set by ? ? ? ? ? ?? 2.5.6 OTHER GUIDELINES Any other travel- related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five- member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should - include, but shall not be limited to: • Lcompensation of Council and Mayors of cities of similar population/budget size; • ) compensation practices of both Charter and General Law cities; • 3) Government Code provisions for General Law cities; • 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, • fl any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Council Policies & Procedures Manual 2008 Page 17 Mayor. CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mavor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow incorporation into the Council goal-setting rocess. Charter 407 The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half - staff' in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this - Charter._ Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. Council Policies & Procedures Manual 2008 Page 18 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. - - -- ------3-,3-.4.2 - -- Reasons -for -wanting -to-be appointed,- 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. - Council Policies & Procedures Manual 2008 Page 19 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 GENERAL POWERS OF THE COUNCIL Subiect to the twovisions and restrictions contained in the Charter and the delegation of owes if any, to an erson officer, Board or Commission the Council shall have the power in the name of the Ci to do and erform all acts and thin s a ro riate to a municipal corporation and the peneral welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California or which now or hereafter would be competent for the Charter to specifically enumerate. No enumeration orspecific statement herein of any particular powers shall be held to be exclusive of or a limitation of the fore oin eneral grant of powers. Charter Section 501 What does this say? Needs to be rewritten by someone who knows . Council Policies & Procedures Manual 2008 Page 20 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.$ ORDINANCES The consideration and adoption of an ordinance shall require a public hearing and be passed after receiving an affirmative vote of at least three members of Council. The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a ublic hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. Council Policies & Procedures Manual 2008 Page 21 No ordinance resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter f 506). 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted a an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or and recommendations of the League of California Cities. 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation.. (Resolution No. 8443) CHAPTER FOUR THE BROWN ACT 4.1 - APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. Council Policies & Procedures Manual 2008 Page 22 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists (determined by a majority of the Council). - - 4:2..4:2 - The need -to -take action came to the attention ofthe City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public Council Policies & Procedures Manual 2008 Page 23 that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Councfl within one week of the closed session. GC 4 54956.9 ? ? ? ? ? ? ? ?? 4.2.8.3 Compensation (salaries and benefits) of employees. To review its - -- - -- - -- - - - position -and instruct designated_ representatives_. (GC -§ 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) Council Policies & Procedures Manual 2008 Page 24 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL MAIL THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act, Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk. CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and Council Policies & Procedures Manual 2008 Page 25 open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through include the City Manager. 5.2.2 DIRECTION TO STAFF Generall y, Council Members shall make requests for work to be clone throp h the City Marnager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one Council Policies & Procedures Manual 2008 Page 26 staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manaeer will provide copies of the material to all other Council Members. In making this 'ud anent the Qq Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. How relates to Brown Act Violations ? ?? Strategy to get around same? 5.3.5 SIGNIFICANT INFORMATION Any information, service- related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO COMMUNICATIONS /TECHNOLOGY The city will provide each Council Member with appropriate communications and technological devices to facilitate their public service. The items shall include - but not be limited to - a phone, computer capability, internet connection, printer, access to City software. Individual Council Members will work with Information Technology staff to design their Council Policies & Procedures Manual 2008 Page 27 system within the confines of the allocated budget of: Rewrite attempt: 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 PORTABLE COMMUNICATIONS TELEPHONES The City will provide each Council Member with up -to -date, equal service portable electronic devices to facilitate communication with the City as well as citizens of San Luis Obispo. Information Technology (IT) staff will coordinate distribution and education of Council Members as needed. The City's Telephone Q ?) Use Policy applies to Council Members use of these devices. . edirect access to the Ci 's telephone system from their homes. Information Technolo IT staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Councii Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with An appropriate complete computer workstation and related City- standard software for their home use while in office. These computcrs and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: • The City information systems exist solely for the purpose of conducting City business, not intended for personal use. • All data (including electronic mail messages) accessed through city -owned devices is owned by the City and subject to public disclosure. • All software and hardware installations should be triads by 1T-staff.- Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. Council Policies & Procedures Manual 2008 Page 28 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2008 Page 29 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2008 Page 30 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 - COUNCEUMEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2008 Page 31 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to a�? oip ntinent of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well- qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2008 Page 32 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Construction Board of Appeals, which do not have term limits. 7: 3 Aft&r a ane-year iriteval p- ersons-- mayt°eapply to'-s-erveanrth =-o advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2008 Page 33 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purposes committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the Human Relations Department.City Clerk's Office. 6.7.3.2 In December of each year, a human relations staffer the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The HR staffer City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.4. The HR Staffer City Clerk shall post/publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.5 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3,7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. 1 Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2008 Page 34 6.7.3.8 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2008 Page 35 city of san Luis osispo COUNCIL POLICIES AND PROCEDURES MANUAL Adopted bv the City Council April 20, 2004, Resolution No. 9554 Updated,by the City Council May 2, 2006, Resolution No. 9794 November 16, 2008, Resolution No. 10041 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS FOREWARD.................... . .................... ....................... . ..... ............................... ... ...........1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES ..... ............................ ..............................2 1.1 MEETING SCHEDULE ............................................................. ..............................2 1.1.1 MEETINGS OF COUNCIL........... ................................. ..............................2 1. 1.2 REGULAR MEETINGS ................................................. ..............................2 1.1.3 STUDY SESSIONS ........................................................ ..............................2 1.1.4 SPECIAL MEETINGS ................................................... ..............................3 1. 1.5 USE OF COUNCIL CHAMBER .................................... ..............................3 1.2 AGENDA ............. ............................... ...............................,...... ....................,..,.,....4 1.2.1 ESTABLISHING THE COUNCIL AGENDA ................ ..............................4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ...........5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ...,........5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ........................5 1.2.5 EMERGENCY ITEMS ................................................... ..............................5 1.2.6 RECONSIDERATION ................................................... ..............................5 1.2.7 ORDER OF BUSINESS ................................................. ..............................6 1.2.8 NOTIFICATION AND ADVERTISING . .............. ........ ......,.........,.............6 1.3 MEETING PROCEDURES ..................... 1.3.1 PRESIDING OFFICER ................................................. ..............................6 1.3.2 QUORUM ...................................................................... ..............................7 1.3.3 DISCUSSION RULES ................................................... ..............................7 1.3.4 PARLIAMENTARY - PROCEDURE ............................. ..............................8 1.3.5 PROTOCOL__ ................... 8 1.3.6 VOTING PROCEDURES ............................................. ..............................9 1.3.7 PUBLIC COMMENT ................................................... .............................10 1.3.8 CONSENT AGENDA ...................... ............................... ................,..,..12 1.3.9 COMMUNICATIONS .................................................. .............................12 1.3.10 CLOSED SESSIONS ................................................... .............................13 1.4 MEETING COVERAGE ........................................................ .............................13 CHAPTER TWO COUNCILCOMPENSATION ........................................................ .............................15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....... .............................15 2.2 RETIREMENT MEDICAL DENTAL VISION AND LIFE INSURANCE .......15 8 2.3 PROFESSIONAL DEVELOPMENT ........................................ .............................15 2.3.1 PROFESSIONAL DEVELOPMENT ............................ .............................15 2.3.2 START -UP ALLOWANCE .......................................... .............................15 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ................ .......16 2.4.1 CITY BUSINESS ....................................................... .............................16 2.4.2 MILEAGE ................................................................. .............................16 2.5 GENERAL PROCEDURES AND LIMITATIONS .................. .............................16 2.5.1 ACCOUNTING .......................................................... .............................16 2.5.2 REIMBURSEMENT LIMITATION ........... ............................... ...17 2.5.3 SPECIAL EXPENSES .................................................. .............................17 2.5.4 HONORARIUM ......................................................... .............................17 2.5.5 OTHER GUIDELINES ........................ ............................... .........17 �i 2.6 COUNCIL COMPENSATION COMMITTEE ................... 2.6.1 MEMBERSHIP ........................................................... .............................17 2.6.2 REVIEW RESPONSIBILITY ....................................... .............................17 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS .................................... .............................19 3.1 MAYOR - POWERS AND DUTIES ....................................... .............................19 3.2 APPOINTMENT OF VICE- MAYOR ..................................... .............................19 3.3 FILLING COUNCIL VACANCIES ......................................... .............................19 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............... .............................19 3.3.2 PUBLIC APPOINTMENT ............................................ .............................20 3.3.3 ADVERTISE FOR APPLICANTS ................................ .............................20 3.3.4 QUALIFICATIONS ...................................................... .............................20 3.3.5 PUBLIC MEETING ...................................................... .............................20 3.4 GENERAL POWERS OF THE COUNCIL ............................ .............................21 3.5 ADMINISTERING OATHS: SUBPOENAS ... ............................... .........21 3.6 LIMITATIONS ............................................................ ............................... 3.7 METHOD OF ACTION BY COUNCIL ................................. .............................22 3.8 ORDINANCES................ ...................................... ............................... .........22 3.9 ACCEPTANCE OF GRANTS OR DEEDS ... ............................... ii 3. 10 LEGISLATIVE ACTION PROGRAM .................................. .............................22 3.11 AAICUS CURIAE PARTICIPATION ................................... .............................23 CHAPTER FOUR THEBROWN ACT .... ....................................................................... .............................24 4.1 APPLICABILITY AND PENALTIES ................................... .............................24 4.2 MAJOR PROVISIONS .......................................................... .............................24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS ................................................................ .............................24 4.2.3 AGENDAS ................................................................. .............................24 4.2.4 ACTIONS ................................................................... .............................24 4.2.5 PUBLIC INPUT .................:.......................................... .............................25 4.2.6 PUBLIC DISRUPTIONS ............................................ .............................25 4.2.7 CORRESPONDENCE ................................................ .............................25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...........................25 4.3 SPECIAL MEETINGS .................. ............................... ...26 4.4 EMERGENCY MEETINGS .................................................... .............................26 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT ...................................................... .............................26 4.6 OTHER PROVISIONS ............................................................ .............................26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT .................. .............................27 5.1 INTENT .................................................................................. ............................... 27 5.2 GUIDELINES FOR COUNCIL MEMBERS ......................... .............................27 5.2.1 REQUESTS FOR INFORMATION......... .................. .............................27 5.2.2 DIRECTION TO STAFF ........................................... .............................27 5.3 GUIDELINES FOR STAFF ................................................... .............................27 5.3.1 TIMELY RESPONSE ................................................. .............................28 5.3.2 DIRECTION FROM COUNCIL ................................ .............................28 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ............28 5.3.4 INFORMATION DISTRIBUTION ........................... .............................28 5.3.5 SIGNIFICANT INFORMATION ............................. .............................28 iii 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS .... 29 5.4.1 TELEPHONES ............................ ........................................................... 29 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....29 5.4.3 SECURITY ................................................................ .............................29 5.4.4 INTERNET ACCESS ................................................ .............................30 5.4.5 ELECTRONIC MAIL ( EMAIL) ................................ .............................30 5.4.6 SUPPORT RESPONSIBILITIES ...... ..................................................... 30 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ............ .............................30 CHAPTER SIX ADVISORY BODY PROCEDURES ................................................ .............................31 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ....................31 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES .......................31 6.1.2 ROLE ......................................................................... .............................31 6.1.3 COMMUNICATION ................................................. .............................31 6.1.4 EDUCATION ............................................................ .............................31 6.1.5 APPOINTMENT AND RECOMMENDATION ...... .............................31 6.1.6 ATTENDANCE ......................................................... .............................31 6.2 COUNTY OR REGIONAL REPRESENTATION .... .......... .............................32 6.3 OTHER COUNCIL SUBCOMMITTEES ............................ .............................32 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ....... 32 6.4.1 INTENT .................................................................... .............................32 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................32 6.4.3 COUNCIL MEETINGS ............................................ .............................32 6.4.4 RECOMMENDATIONS .......................................... .............................33 6.5 ROLE OF CITY STAFF PERSONS. 6.6 APPOINTMENT PROCEDURES......... 6.6.1 PURPOSE .... ............................... ........................... .............................33 .....................33 ..................... 33 6.7 PROCESS ........................................................................... .............................34 6.7.1 QUALIFICATIONS .................................................. .............................34 6.7.2 TERMS ..................................................................... .............................34 6.7.3 PROCESS ..... ............................................................ .............................35 iv COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted, bn May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor -City Manager form of government. The last charter revision occurred on November 4, 2008. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2008 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2008 Page 2 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) 'Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty -four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non - profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non -profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any Council Policies & Procedures Manual 2008 Page 3 non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well- being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney Council Policies & Procedures Manual 2008 Page 4 and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, star will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four -fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during Council Policies & Procedures Manual 2008 Page 5 that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Appointments 1.2.5.6 Public Comment 1.2.5.7 Consent Agenda 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications ` 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2008 Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of Council Policies & Procedures Manual 2008 Page 7 staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 1.3.5.1.2 Work earnestly to preserve appropriate order and decorum during all meetings. Discourage side conversations, disruptions, interruptions or delaying efforts. Council Policies & Procedures Manual 2008 Page 8 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. Council Policies & Procedures Manual 2008 Page 9 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote may be taken at the discretion of the Presiding Officer. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. Council Policies & Procedures Manual 2008 Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64,020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name Council Policies & Procedures Manual 2008 Page 11 and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the.,Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest Council Policies & Procedures Manual 2008 Page 12 received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non- agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item,khould be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially Council Policies & Procedures Manual 2008 Page 13 recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. Council Policies & Procedures Manual 2008 Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT MEDICAL DENTAL VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and Council Policies & Procedures Manual 2008 Page 15 legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance: Council Member $300 Mayor $450 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available Council Policies & Procedures Manual 2008 Page 16 for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and /or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his/her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel - related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad -a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, Council Policies & Procedures Manual 2008 Page 17 benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. Council Policies & Procedures Manual 2008 1 Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow incorporation into the Council �;aal- setting process. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 PILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of Council Policies & Procedures Manual 2008 Page 19 the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. Council Policies & Procedures Manual 2008 Page 20 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If Council is unable to reach consensus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 GENERAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in the Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for the Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) 3.5 ADIVILNISTERING OATHS. SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) Council Policies & Procedures Manual 2008 Page 21 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.9 ACCEPTANCE Ole GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond Council Policies & Procedures Manual 2008 Page 22 promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and /or resolutions or recommendations of the League of California Cities. 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2008 Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: Council Policies & Procedures Manual 2008 Page 24 4.2.4.1 An emergency situation exists (determined by a majority of the Council). 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) Council Policies & Procedures Manual 2008 Page 25 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL EMAIL THE PUBLIC RECORDS ACT AND THE 13ROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. 'While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and-requirements; this chapter is intended merely as a Council summary and overview of the Act, and notlung in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk. Page 26 Council Policies & Procedures Manual 2008 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT 1111 City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the piimary functions of stafl'are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall snake routine requests for informatiuri through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff' decisions, recommendations, workloads; schedules, or departmental Priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2008 Page 27 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service- related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a Council Policies & Procedures Manual 2008 Page 28 regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: The City information systems exist solely for the purpose of conducting City business, not intended for personal use. All data (including electronic mail messages) is owncd by the City and subject to public disclosure. All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2008 Page 29 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2008 Page 30 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From tinge to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2008 Page 31 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and /or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chainis not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2008 Page 32 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2008 Page 33 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, ,lack House Committee and Construction Board of Appeals, which do not have term limits. 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2008 Page 34 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special- purpose I committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.4. The City Clerk shall post/publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.5 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. - Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2008 Page 35 6.7.3.8 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2008 Page 36 city of san lugs oaispo COUNCIL POLICIES AND- PROCEDURES Adopted by the City Council April 20, 2004, Resolution No. 9554 Updated by the City Council May 2, 2006, Resolution No. 9794 FOREWARD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876 and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor- Administrative Officer form of government. The last charter revision occurred on November 5, 1996. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 1 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS CHAPTER ONE MEETING GUIDELINES & PROCEDURES ................................ ............................... 2 1.1 MEETING SCHEDULE ........................................................... ............................... 2 1.1.1 MEETINGS OF COUNCIL .......................................... ............................... 2 1.1.2 REGULAR MEETINGS ............................................... ............................... 2 1.1.3 STUDY SESSIONS ...................................................... ............................... 2 1. 1.4 SPECIAL MEETINGS ........................ ............................... ...................... 3 1.1.5 USE OF COUNCIL CHAMBERS ................................ ............................... 3 1.2 AGENDA .................................................................................. ............................... 4 1.2.1 ESTABLISHING THE COUNCIL AGENDA .............. ............................... 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) .......... 5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ........... 5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ....................... 5 1.2.5 EMERGENCY ITEMS ................................................. ............................... 5 1.2.6 RECONSIDERATION ................................................. ............................... 5 1.2.7 ORDER OF BUSINESS ............................................... ............................... 6 1.2.8 NOTIFICATION AND ADVERTISING ...................... ............................... 6 1.3 MEETING PROCEDURES ...................................................... ..............................6 1.3.1 PRESIDING OFFICER ................................................ ............................... 6 1.3.2 QUORUM .................................................................... ............................... 7 1.3.3 DISCUSSION RULES ................................................. ............................... 7 1.3.4 PARLIAMENTARY PROCEDURE .......................................................... . 8 1.3.5 PROTOCOL .................................................................. ..............................8 1.3.6 VOTING PROCEDURES ............................................ ............................... 9 1.3.7 PUBLIC COMMENT ................................................ ............................... 10 1.3.8 CONSENT AGENDA ................................................ ............................... 12 1.3.9 COMMUNICATIONS ............................................... ............................... 13 1.3.10 CLOSED SESSIONS ................................................ ............................... 13 1.4 MEETING COVERAGE ..................................................... ............................... 13 CHAPTER TWO COUNCILCOMPENSATION ....................................................... .............................15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS .... ............................... 15 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE....... 15 2.3 PROFESSIONAL DEVELOPMENT ..................................... ............................... 15 2.3.1 PROFESSIONAL DEVELOPMENT ......................... ............................... 15 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE ............................ 15 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS ............................. 16 2.3.4 START -UP ALLOWANCE ........................................ ............................... 16 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ... ............................... 16 2.4.1 CITY BUSINESS............ ........................................................................ 16 2.4.2 MILEAGE .............. ............................... ,........................... .................... 17 2.5 GENERAL PROCEDURES AND LIMITATIONS ............... ............................... 17 2.5.1 ACCOUNTING ......................................................... .............................17 2.5.2 REIMBURSEMENT LIMITATION.......................... ............................... 17 2.5.3 SPECIAL EXPENSES ............................................... ............................... 17 2.5.4 HONORARIUM ........................................................ .............................18 2.5.5 OTHER GUIDELINES .............................................. ............................... 18 2.6 COUNCIL COMPENSATION COMMITTEE ..... ................. ............................... 18 2.6.1 MEMBERSHIP .......................................................... .............................18 2.6.2 REVIEW RESPONSIBILITY....... .............................. ............................... 18 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS ................................. ............................... 19 3.1 MAYOR - POWERS AND DUTIES .................................... ............................... 19 3.2 APPOINTMENT OF VICE -MAYOR ................................... ............................... 19 3.3 FILLING COUNCIL VACANCIES... ... .............................................................. 20 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............. ............................... 20 3.3.2 PUBLIC APPOINTMENT.. ............................................................... ..... 20 3.3.3 ADVERTISE FOR APPLICANTS ............................. ............................... 20 3.3.4 QUALIFICATIONS...... . ............................................ ............................... 20 3.3.5 PUBLIC MEETING ................................................... ............................... 21 3.4 GENERAL POWERS OF THE COUNCIL .......................... ............................... 21 3.5 ADMINISTERING OATHS: SUBPOENAS ........................ ............................... 22 3.6 LIMITATIONS ...................................................................... .............................22 3.7 METHOD OF ACTION BY COUNCIL .............................. ............................... 22 3.8 ORDINANCES .................................................................... ............................... 22 3.9 ACCEPTANCE OF GRANTS OR DEEDS ........................ ............................... 23 IF 3.10 LEGISLATIVE ACTION PROGRAM.. ............................................................. 23 3.11 AMICUS CURIAE PARTICIPATION ................................. ............................... 23 CHAPTER FOUR THEBROWN ACT ........................................................................ ............................... 24 4.1 APPLICABILITY AND PENALTIES ................................. ............................... 24 4.2 MAJOR PROVISIONS ....................................................... ............................... 24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS .............................................................. ............................... 24 4.2.3 AGENDAS ............................................................... ............................... 24 4.2.4 ACTIONS ................................................................... .............................25 4.2.5 PUBLIC INPUT ....................................................... ............................... 25 4.2.6 PUBLIC DISRUPTIONS ......................................... ............................... 25 4.2.7 CORRESPONDENCE ............................................... .............................25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS .......................... 25 4.3 SPECIAL MEETINGS ............................................................ ............................26 4.4 EMERGENCY MEETINGS ................................................ ............................... 26 4.5 ELECTRONIC MAIL (E MAIL), THE PUBLIC RECORDS ACT ANDTHE BROWN ACT .................................................... ............................... 26 4.6 OTHER PROVISIONS .......................................................... ............................... 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT ................ ............................... 28 5.1 INTENT .................................................................................. ............................... 28 5.2 GUIDELINES FOR COUNCIL MEMBERS ...................... ............................... 28 ^5.2.1 REQUESTS FOR INFORMATION ........................ ............................... 28 5.2.2 DIRECTION TO STAFF ......................................... ............................... 28 5.3 GUIDELINES FOR STAFF ................................................ ............................... 28 5.3.1 TIMELY RESPONSE .............................................. ............................... 29 5.3.2 DIRECTION FROM COUNCIL .............................. ............................... 29 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ........... 29 5.3.4 INFORMATION DISTRIBUTION ........................ ............................... 29 5.3.5 SIGNIFICANT INFORMATION .......................... ............................... 29 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS... 30 iii 5.4.1 TELEPHONES .......................................................... .............................30 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY..... 30 5.4.3 SECURITY ............................................................. ............................... 31 5.4.4 INTERNET ACCESS ............................................. ............................... 31 5.4.5 ELECTRONIC MAIL (E MAIL) ............................ ............................... 31 5.4.6 SUPPORT RESPONSIBILITIES ............................ ............................... 31 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ......... ............................... 31 CHAPTER SIX ADVISORY BODY PROCEDURES ............................................. ............................... 32 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ................... 32 6. 1.1 COMMUNICATION ................................................ ............................... 32 6.1.2 EDUCATION ............................................................ .............................32 6.1.3 APPOINTMENT RECOMMENDATION ............. ............................... 32 6.1.4 ATTENDANCE ............................................... ............................... ... 32 6.2 COUNTY OR REGIONAL REPRESENTATION ............ ............................... 32 6.3 OTHER COUNCIL SUBCOMMITTEES ......................... ............................... 33 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ...... 33 6.4.1 INTENT .................................................................. ............................... 33 6.4.2 COUNCIL AGENDA REPORTS .......................... ............................... 33 6.1.3 COUNCIL MEETINGS ................. ............................... . , ..................... 33 6.4.4 RECOMMENDATIONS ....................................... ............................... 33 6.5 ROLE OF CITY STAFF PERSONS ................................. ............................... 34 6.6 APPOINTMENT PROCEDURES ................................... ............................... 34 6.6.1 PURPOSE .............................................................. ............................... 34 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS ........... ............................... 34 6.7 PROCESS ......................................................................... .............................35 6.7.1 QUALIFICATIONS ............................................... ............................... 35 6.7.2 TERMS .................................................................. ............................... 35 6.7.3 PROCESS .............................................................. ............................... 36 iv CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chambers, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 2 1.1.4 1.1.5 1.13.3 , Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. USE OF COUNCIL CHAMBERS 1.1.5.1 The City Administrative Officer (CAO), or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the CAO shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non- profit groups during regular business hours only, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chambers will not be available for use by any non -City organizations during non - business hours, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 3 c. With the approval of the CAO, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the CAO to inform and advise the Council of matters necessary to the proper operation and well -being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the CAO and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the CAO, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the CAO, City Attorney and City Clerk. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph; urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any rnernber of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four - fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged, however, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered provided it is presented by a Council Member who voted with the prevailing side at the Council meeting where the original vote was taken, or at the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 5 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Public Comment 1.2.5.6 Consent Agenda 1.2.5.7 Appointments 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be reviewed by the City Clerk and will be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Administrative Officer has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross- exchange between Council Members and public should be avoided. 1.3.3.2 Questions to Staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 7 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: Immediately stop discussion and vote. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropri ate order and decorum during all meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 8 1.3.6 1.3.5.1.2 Side conversations, disruptions, interruptions or delaying efforts are discouraged. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 9 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote announcement by the City Clerk and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion, if required for Council or public clarification. 1.3.6.6 Voice vote may be taken at the discretion of the Chair. 1.3.6.7 General consent vote may be taken at the discretion of the Chair, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote the City Clerk shall announce whether the questions have been carried or defeated. 1.3.6.11 Tie votes: Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every meeting. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comment to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1.1 Submit speaker slips to the City Clerk. 1.3.7.4.1.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 11 1.3.7.4.1.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting, therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 12 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the CAO sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four - fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 13 1.4.2 All City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. 1.4.7 Tips on the Dais. 1. Avoid saying things near a microphone you do not wish heard. 2. Ask all speakers to come forward to the podium. Speakers shall direct their comments to the Council, not the audience. Discourage people from speaking from the audience. 3. Certain colors of clothing present difficulties to the television system, and thus can be distracting to viewers at home. White causes glare and makes the picture around it appear dark, with loss of detail. Bright red and orange reproduce poorly on television and can also cause glare problems. Clothing with fine patterns, such as stripes and grids, can cause a rainbow effect in the picture that is extremely distracting. Shiny objects that reflect light should be avoided. Good colors for television include blues, greens, browns, grays, and most pastels. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT. MEDICAL, DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to city- funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowan Council Member $1500 Mayor $1800 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE For the cost of participating in the Annual Conference of the League of California Cities. The City shall also reimburse the following costs for spousal participation, which is encouraged: Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 15 - Double room instead of a single room. Spousal registration fees to attend Conference seminars (this does not include reimbursement for recreational activities that may be offered by the League during meeting activities). - Travel expenses only if a bus, train, or plane must be used rather than a city vehicle. If the public official uses his /her personal vehicle, travel reimbursement shall be provided only the employee. Meals that spouses are expected to attend as part of directly - related Conference activities will be reimbursed at the same per diem as the public official. 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS When the spouse of an official or employee is expected to attend a quarterly meeting of the Channel Counties Division of the League, the meal expense will be paid by the City with the authorization of the City Administrative Officer. 2.3.4 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance_ Council Member $300 Mayor $450 Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 16 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 17 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his /her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel - related issue not specifically governed in this resolution shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed by January 31, in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council within 90 days, or no later than May 1st. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; and 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER ANU DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow incorporation into the Council goal - setting process. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 406) 3.1.4 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.5 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 19 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (City Charter § 403), each applicant shall be encouraged to submit a written statement of 200'words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 20 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting each applicant wishing to serve should be present to verify that they would be willing to serve if appointed, and that they are residents of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If no person is appointed, the Council may adjourn the meeting from time to time to attempt to reach a decision at any time within 30 days of the occurrence of the vacancy. 3.4 GENERAL POWERS RS OF THE COUNCIL Subject to the provisions and restrictions contained in this Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 21 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the CAO to set a public hearing on an ordinance. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 22 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or recommendations of the League of California Cities. (Resolution No. 8912) 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PIZOVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more) members are present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 24 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists, (determined by a majority of the Council.) 4.2.4.2 That the need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote.) 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation; the litigation or title must be identified in open session Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 25 prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) 4.2.8.3 Compensation (salaries and benefits) of employees; to review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and/or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAID (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for city email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 26 merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure you have the latest information. Please check with the City Attorney and/or the City Clerk for more information. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 27 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the CAO. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the CAO. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, and schedules, and departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The CAO and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 28 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Administrative Officer the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Administrative Officer, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the CAO will provide copies of the material to all other Council Members. In making this judgment, the CAO will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service - related needs, or policy positions perceived as necessary by Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 29 individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: The City information systems exist solely for the purpose of conducting City business, not intended for personal use; All data (including electronic mail messages) is owned by the City and subject to public disclosure; All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 30 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal polices, procedures, and guidelines. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 31 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS Annually, the Mayor shall appoint two members of the City Council to serve in a liaison capacity to each City advisory body (includes commissions, committee and boards). The subcommittee shall consist of the Chair and one Member. (See 6.6.2 for appointment procedures). Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.1 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.2 EDUCATION Increase the Council's familiarity with the membership, programs and issues of the advisory body. 6.1.3 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.4 ATTENDANCE From time to time, attend commission meetings for observation purposes only. (ABH § H,C) Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures). Voting Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 32 delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the CAO recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the CAO recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction, then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. (ABH § I1I,B.1.g) 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. (ABH § II1,B. Lb). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 33 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the CAO and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. (ABH § II,D) Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as Secretary, taking minutes as needed. (ABH § II,D) It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. (ABH § II,D) 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. (ABH § III,C.6) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 34 6.7 PROCESS 6.7.1 6.7.2 QUALIFICATIONS 6.7.1.1 The applicant must be a resident and registered voter of the City at the time and during the entire term of appointment, unless excepted by State law or special circumstances such as deed restrictions. (ABH § M,C) 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. (ABH § III,C) 6.7.1.3 No member of the Council may be appointed to any office created or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409). TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. (ABH § III,D) 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Some exceptions include: The Housing Authority, Jack House Committee and Tree Committee. (ABH § III,D) 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. (ABH § III,D) 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purpose committee at the same time. If appointed to another committee, he /she will be expected to resign from one body upon being appointed to another. (ABH § III,C.5) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 35 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. (ABH § M,C.1) 6.7.3.2 In February of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.3. The Council Liaison Subcommittee reviews the current applications and determines the recruitment process, including whether to advertise. (ABH § IH,C.3) If the committee is a technical or special purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative and Chair are invited to participate in determining the recruitment process. 6.7.3.4. The City Clerk shall then place an ad in the local newspaper, inviting citizens to apply for consideration as an appointment to an advisory body, 6.7.3.5 The applicant reads the Advisory Body Handbook and attends at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). (ABH § M,C.3) If the vacancy is for a technical or special - purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative will be invited. 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. (ABH § IH,C.3) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 36 6.7.3.8 Applicants not appointed will be advised and their applications held for consideration in the event of a future vacancy for no less than one year. (ABH § III,C.4) 6.7.3.9 The Subcommittee may prepare a list of all qualified candidates that they interview. Such list shall be filed with the City Clerk and may be used as a basis for appointments to fill vacancies that may occur during the year. Council appointment of a particular term is required. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 37 .� �`o..� city of san Luis osIspo COUNCIL POLICIES AND PROCEDURES Adopted by the City Council April 20, 2404, resolution No. 9554 Updated by the City Council May 2, 2006, Resolution No. 9794 FOREWARD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876 and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor- Administrative Officer form of government. The last charter revision occurred on November 5, 1996. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 1 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS CHAPTER ONE MEETING GUIDELINES & PROCEDURES ................................ ............................... 2 1.1 MEETING SCHEDULE ........................................................... ............................... 2 1.1.1 MEETINGS OF COUNCIL .......................................... ............................... 2 1.1.2 REGULAR MEETINGS ............................................... ............................... 2 1.1.3 STUDY SESSIONS ...................................................... ............................... 2 1.1.4 SPECIAL MEETINGS .................................................. ............................... 3 1.1.5 USE OF COUNCIL CHAMBERS ................................ ............................... 3 1.2 AGENDA .................................................................................. ............................... 4 1.2.1 ESTABLISHING THE COUNCIL AGENDA .............. ............................... 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) .......... 5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ........... 5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ....................... 5 1.2.5 EMERGENCY ITEMS ................................................. ............................... 5 1.2.6 RECONSIDERATION ................................................. ............................... 5 1.2.7 ORDER OF BUSINESS ............................................... ............................... 6 1.2.8 NOTIFICATION AND ADVERTISING ...................... ............................... 6 1.3 MEETING PROCEDURES ............................ 1.3.1 PRESIDING OFFICER ...................... 1.3.2 QUORUM ........... ............................... 1.3.3 DISCUSSION RULES ........................ 1.3.4 PARLIAMENTARY PROCEDURE. 1.3.5 PROTOCOL ........ ............................... 1.3.6 VOTING PROCEDURES .................. 1.3.7 PUBLIC COMMENT ........................ 1.3.8 CONSENT AGENDA ........................ 1.3.9 COMMUNICATIONS ....................... 1 3 10 CLOSED SESSIONS ........................ ............................... 6 ........................ ............................... 6 ........................ ............................... 7 ....................................................... 7 ....................................................... 8 .................................... I................... 8 ........................ ............................... 9 ...................... ............................... 10 ...................... ............................... 12 ...................... ............................... 13 ]l 1.4 MEETING COVERAGE ..................................................... ............................... 13 CHAPTER TWO COUNCILCOMPENSATION ....................................................... .............................15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS .... ............................... 15 2.2 RETIRI2MENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE....... 15 2.3 PROFESSIONAL DEVELOPMENT ..................................... ............................... 15 0 2.3.1 PROFESSIONAL DEVELOPMENT ......................... ............................... 15 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE ............................ 15 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS ............................. 16 2.3.4 START -UP ALLOWANCE ........................................ ............................... 16 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ... ............................... 16 2.4.1 CITY BUSINESS ..................................................... ............................... 16 2.4.2 MILEAGE ................................................................ .............................17 2.5 GENERAL PROCEDURES AND LIMITATIONS ............... ............................... 17 2.5.1 ACCOUNTING ......................................................... .............................17 2.5.2 REIMBURSEMENT LIMITATION .......................... ............................... 17 2.5.3 SPECIAL EXPENSES ............................................... ............................... 17 2.5.4 HONORARIUM ........................................................ .............................18 2.5.5 OTHER GUIDELINES .............................................. ............................... 18 2.6 COUNCIL COMPENSATION COMMITTEE ...................... ..... .......................... 18 2.6.1 MEMBERSHIP .......................................................... .............................18 2.6.2 REVIEW RESPONSIBILITY ..................................... ............................... 18 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS ................................. ............................... 19 3.1 MAYOR - POWERS AND DUTIES ....... ............................... ......................... 19 3.2 APPOINTMENT OF VICE - MAYOR .................................................................. 19 3.3 FILLING COUNCIL VACANCIES ...................................... ............................... 20 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............. ............................... 20 3.3.2 PUBLIC APPOINTMENT .......................................... ............................... 20 3.3.3 ADVERTISE FOR APPLICANTS ............................. ............................... 20 3.3.4 QUALIFICATIONS ..................................................... .............................20 3.3.5 PUBLIC MEETING ................................................... ............................... 21 3.4 GENERAL POWERS OF THE COUNCIL .......................... ............................... 21 3.5 ADMINISTERING OATHS: SUBPOENAS ........................ ............................... 22 3.6 LIMITATIONS ...................................................................... .............................22 3.7 METHOD OF ACTION BY COUNCIL ............................... ............................... 22 3.8 ORDINANCES .................................................................... ............................... 22 3.9 ACCEPTANCE OF GRANTS OR DEEDS ........................ ............................... 23 ii 3. 10 LEGISLATIVE ACTION PROGRAM ............................................................... 23 3.11 AMICUS CURIAE PARTICIPATION ................................. .....................:......... 23 CHAPTER FOUR THEBROWN ACT ........................................................................ ............................... 24 4.1 APPLICABILITY AND PENALTIES ................................. ............................... 24 4.2 MAJOR PROVISIONS ........................................................ ............................... 24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS .......................... .................................. .............................24 4.2.3 AGENDAS ................................................................ ............................... 24 4.2.4 ACTIONS ............... ................................................ .............................25 4.2.5 PUBLIC INPUT ....................................................... ............................... 25 4.2.6 PUBLIC DISRUPTIONS ......................................... ............................... 25 4.2.7 CORRESPONDENCE ............................................. ............................... 25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS .......................... 25 4.3 SPECIAL MEETINGS ......................................................... ............................... 26 4.4 EMERGENCY MlM- 'TINGS ................................................ ............................... 26 4.5 ELECTRONIC MAIL E MAIL), THE PUBLIC RECORDS ACT ANDTHE BROWN ACT .................................................... ............................... 26 4.6 OTHER PROVISIONS ......................................................... ............................... 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT ................ ............................... 28 5.1 INTENT .................................................................................. ............................... 28 5.2 GUIDELINES FOR COUNCIL. MEMBERS ...................... ............................... 28 5.2.1 REQUESTS FOR INFORMATION ........................ ............................... 28 5.2.2 DIRECTION TO STAFF ......................................... ............................... 28 5.3 GUIDELINES FOR STAFF ................................................ ............................... 28 5.3.1 TIMELY RESPONSE .............................................. ............................... 29 5.3.2 DIRECTION FROM COUNCIL .............................. ............................... 29 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ........... 29 5.3.4 INFORMATION DISTRIBUTION ........................ ............................... 29 5.3.5 SIGNIFICANT INFORMATION .......................... ............................... 29 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS... 30 iii 5.4.1 TELEPHONES .......................................................... .............................30 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY..... 30 5.4.3 SECURITY ............................................................. ............................... 31 5.4.4 INTERNET ACCESS ............................................. ............................... 31 5.4.5 ELECTRONIC MAIL (E MAIL) ............................ ............................... 31 5.4.6 SUPPORT RESPONSIBILITIES ............................ ............................... 31 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ......... ............................... 31 CHAPTER SIX ADVISORY BODY PROCEDURES ............................................. ............................... 32 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ................... 32 6.1.1 COMMUNICATION..,......... ................................................................. 32 6.1.2 EDUCATION ............................................................ .............................32 6.1.3 APPOINTMENT RECOMMENDATION ............. ............................... 32 6.1.4 ATTENDANCE ...................................................... ............................... 32 6.2 COUNTY OR REGIONAL REPRESENTATION ............ ............................... 32 6.3 OTHER COUNCIL SUBCOMMITTEES ......................... ............................... 33 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ...... 33 6.4.1 INTENT .................................................................. ............................... 33 6.4.2 COUNCIL AGENDA REPORTS .......................... ............................... 33 6.4.3 COUNCIL MEETINGS ......................................... ............................... 33 6.4.4 RECOMMENDATIONS ....................................... ............................... 33 6.5 ROLE OF CITY STAFF PERSONS ................................ ............................... 34 6.6 APPOINTMENT PROCEDURES .................................... ............................... 34 6.6.1 PURPOSE .............................................................. ............................... 34 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS ........... ............................... 34 6.7 PROCESS .......................................................................... .............................35 6.7.1 QUALIFICATIONS ............................................... ............................... 35 6.7.2 TERMS .................................................................. ............................... 35 6.7.3 PROCESS .............................................................. ............................... 36 IV CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chambers, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn.the meeting to another date and time. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 2 1.1.4 1.1.5 1.133 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be field within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. USE OF COUNCIL CHAMBERS 1.1.5.1 The City Administrative Officer (CAO), or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the CAO shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non- profit groups during regular business hours only, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chambers will not be available for use by any non -City organizations during non - business hours, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 3 c. With the approval of the CAO, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the CAO to inform and advise the Council of matters necessary to the proper operation and well -being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishii,g the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually, scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the CAO and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the CAO, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the CAO, City Attorney and City Clerk. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four - fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged, however, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered provided it is presented by a Council Member who voted with the prevailing side at the Council meeting where the original vote was taken, or at the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 5 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Public Comment 1.2.5.6 Consent Agenda 1.2.5.7 Appointments 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be reviewed by the City Clerk and will be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Administrative Officer has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to Staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 7 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision-making ,process. 1.3.3.5 Tabling Procedure: Immediately stop discussion and vote. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 8 1.3.6 1.3.5.1.2 Side conversations, disruptions, interruptions or delaying efforts are discouraged. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 9 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote announcement by the City Clerk and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion, if required for Council or public clarification. 1.3.6.6 Voice vote may be taken at the discretion of the Chair. 1.3.6.7 General consent vote may be taken at the discretion of the Chair, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote the City Clerk shall announce whether the questions have been carried or defeated. 1.3.6.11 Tie votes: Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every meeting. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comment to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1.1 Submit speaker slips to the City Clerk. 1.3.7.4.1.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 11 1.3.7.4.1.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting, therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 12 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the CAO sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four - fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 13 1.4.2 All City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. 1.4.7 Tips on the Dais. 1. Avoid saying things near a microphone you do not wish heard. 2. Ask all speakers to come forward to the podium. Speakers shall direct their comments to the Council, not the audience. Discourage people from speaking from the audience. 3. Certain colors of clothing present difficulties to the television system, and thus can be distracting to viewers at home. White causes glare and makes the picture around it appear dark, with loss of detail. Bright red and orange reproduce poorly on television and can also cause glare problems. Clothing with fine patterns, such as stripes and grids, can cause a rainbow effect in the picture that is extremely distracting. Shiny objects that reflect light should be avoided. Good colors for television include blues, greens, browns, grays, and most pastels. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT MEDICAL DENTAL VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to city- funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE For the cost of participating in the Annual Conference of the League of California Cities. The City shall also reimburse the following costs for spousal participation, which is encouraged: Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 15 Double room instead of a single room. Spousal registration fees to attend Conference seminars (this does not include reimbursement for recreational activities that may be offered by the League during meeting activities). Travel expenses only if a bus, train, or plane must be used rather than a city vehicle. If the public official uses his /her personal vehicle, travel reimbursement shall be provided only the employee. Meals that spouses are expected to attend as part of directly- related Conference activities will be reimbursed at the same per diem as the public official. 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS When the spouse of an official or employee is expected to attend a quarterly meeting of the Channel Counties Division of the League, the meal expense will be paid by the City with the authorization of the City Administrative Officer. 2.3.4 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his /her comprehension of municipal and legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance: Council Member $300 Mayor $450 Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 16 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 17 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his /her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel - related issue not specifically governed in this resolution shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed by January 31, in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council within 90 days, or no later than May 1st. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population /budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; and 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow incorporation into the Council goal- setting process. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 406) 3.1.4 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.5 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 19 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (City Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 20 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting each applicant wishing to serve should be present to verify that they would be willing to serve if appointed, and that they are residents of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If no person is appointed, the Council may adjourn the meeting from time to time to attempt to reach a decision at any time within 30 days of the occurrence of the vacancy. 3.4 GENERAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in this Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 21 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the CAO to set a public hearing on an ordinance. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 22 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or recommendations of the League of California Cities. (Resolution No. 8912) 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more) members are present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 24 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists, (determined by a majority of the Council.) 4.2.4.2 That the need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote.) 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation; the litigation or title must be identified in open session Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 25 prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) 4.2.8.3 Compensation (salaries and benefits) of employees; to review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and/or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for city email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 26 merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure you have the latest information. Please check with the City Attorney and/or the City Clerk for more information. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 27 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the CAO. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the CAO. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, and schedules, and departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The CAO and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 28 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Administrative Officer the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Administrative Officer, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the CAO will provide copies of the material to all other Council Members. In making this judgment, the CAO will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service - related needs, or policy positions perceived as necessary by Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 29 individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: The City information systems exist solely for the purpose of conducting City business, not intended for personal use; All data (including electronic mail messages) is owned by the City and subject to public disclosure; All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 30 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.1.6.1 IT staff is responsible for installing all remote access hardware. and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal polices, procedures, and guidelines. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 31 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS Annually, the Mayor shall appoint two members of the City Council to serve in a liaison capacity to each City advisory body (includes commissions, committee and boards). The subcommittee shall consist of the Chair and one Member. (See 6.6.2 for appointment procedures). Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.1 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.2 EDUCATION Increase the Council's familiarity with the membership, programs and issues of the advisory body. 6.1.3 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.4 ATTENDANCE From time to time, attend commission meetings for observation purposes only. (ABH § II,C) Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures). Voting Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 32 delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the CAO recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the CAO recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction, then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. (ABH § 1H,B.1.g) 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. (ABH § III,B.I.b)_ Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 33 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the CAO and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. (ABH § II,D) Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as Secretary, taking minutes as needed. (ABH § II,D) It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. (ABH § II,D) 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. (ABH § M,C.6) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 34 6.7 PROCESS 6.7.1 6.7.2 QUALIFICATIONS 6.7.1.1 The applicant must be a resident and registered voter of the City at the time and during the entire term of appointment, unless excepted by State law or special circumstances such as deed restrictions. (ABH § 1H,C) 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. (ABH § M,C) 6.7.1.3 No member of the Council may be appointed to any office created or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409). TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. (ABH § M,D) 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Some exceptions include: The Housing Authority, Jack House Committee and Tree Committee. (ABH § III,D) 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. (ABH § M,D) 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purpose committee at the same time. If appointed to another committee, he /she will be expected to resign from one body upon being appointed to another. (ABH § IH,C.5) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 35 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. (ABH § III,C.1) 6.7.3.2 In February of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.3. The Council Liaison Subcommittee reviews the current applications and determines the recruitment process, including whether to advertise. (ABH § III,C.3) If the committee is a technical or special purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative and Chair are invited to participate in determining the recruitment process. 6.7.3.4. The City Clerk shall then place an ad in the local newspaper, inviting citizens to apply for consideration as an appointment to an advisory body, 6.7.3.5 The applicant reads the Advisory Body Handbook and attends at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). (ABH § M,C.3) If the vacancy is for a technical or special - purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative will be invited. 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. (ABH § III,C.3) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 36 6.7.3.8 Applicants not appointed will be advised and their applications held for consideration in the event of a future vacancy for no less than one year. (ABH § IH,C.4) 6.7.3.9 The Subcommittee may prepare a list of all qualified candidates that they interview. Such list shall be filed with the City Clerk and may be used as a basis for appointments to fill vacancies that may occur during the year. Council appointment of a particular term is required. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 37 Please download Council Policies and Procedures http: / /www.slocity.ory,leilyplet-kldo wtil oadladvisorybodystu £fl2OO8counci 1pol iciesandpro cc d kires. pdf Please download Council Policies and Procedures littp : / /ww .slocity.orglcidy clerk/ dowiiloitcl/ �i( lwisorybodystufft20U8cotincilpoliciesaridpro cedures.pdf city of san Luis oBIspo COUNCIL POLICIES AND PROCEDURES MANUAL Adopted by the City Council Aprri120, 2004, Resolution No. 9554 Upidated„�y the City Council May 2, 2006, Resolution No. 9794 November 16, 20089 Resolution No. 10041 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS FOREWARD ................................................................... ............................... I ........... I ....... I CHAPTER ONE MEETING GUIDELINES & PROCEDURES ........ ......................... ..............................2 1.1 MEETING SCHEDULE ............................................................. ..............................2 1.1.1 MEETINGS OF COUNCIL ............................................ ..............................2 1.1.2 REGULAR MEETINGS .................................................. ..............................2 1.1.3 STUDY SESSIONS ........................................................ ..............................2 1.1.4 SPECIAL MEETINGS ................................................... ..............................3 1.1.5 USE OF COUNCIL CHAMBER .................................... ..............................3 1.2 AGENDA .................................................................................... ..............................4 1.2.1 ESTABLISHING THE COUNCIL AGENDA ................ ..............................4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ...........5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ............5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ........................5 1.2.5 EMERGENCY ITEMS ................................................... ..............................5 1.2.6 RECONSIDERATION ................................................... ..............................5 1.2.7 ORDER OF BUSINESS ................................................. ..............................6 1.2.8 NOTIFICATION AND ADVERTISING ....................... ..............................6 1.3 MEETING PROCEDURES ........................................................ ..............................6 1.3.1 PRESIDING OFFICER ................................................. ..............................6 1.3.2 QUORUM ...................................................................... ..............................7 1.3.3 DISCUSSION RULES ................................................... ..............................7 1.3.4 PARLIAMENTARY PROCEDURE ............................. ..............................8 1.3.5 PROTOCOL ........................_......................................... ..............................8 1.3.6 VOTING PROCEDURES ............................................. ..............................9 1.3.7 PUBLIC COMMENT ................................................... .............................10 1.3.8 CONSENT AGENDA ............................................ ............................... .12 1.3.9 COMMUNICATIONS...................... ............................ .............................12 1.3.10 CLOSED SESSIONS ................................................... .............................13 1.4 MEETING COVERAGE.... .................................................... .............................13 CHAPTER TWO COUNCILCOMPENSATION., , .................................................................................. 15 2.1 SALARIES FOR MAYOR AN I) COUNCIL MEMBERS ....... .............................15 2.2 RE"T"IREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE .......15 2.3 PROFESSIONAL DEVELOPMENT 2.3.1 ........................................ .............................15 PROFESSIONAL DEVELOPMENT ............................ .............................15 2.3.2 START -UP ALLOWANCE .......................................... .............................15 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ...... .............................16 2.4.1 CITY BUSINESS........., - ....................................................................... 16 2.4.2 MILEAGE ................................................................. .............................16 2.5 GENERAL PROCEDURES AND LIMITATIONS .................. .............................16 2.5.1 ACCOUNTING ........................................................... 2.5.2 .............................16 REIMBURSEMENT LIMITATION ............................ .............................17 2.5.3 SPECIAL EXPENSES .................................................. .............................17 2.5.4 HONORARIUM ......................................................... 2.5.5 .............................17 OTHER GUIDELINES ................................................. .............................17 2.6 COUNCIL COMPENSATION COMMITTEE 2.6.1 ......................... .............................17 MEMBERSHIP ........................................................... .............................17 2.6.2 REVIEW RESPONSIBILITY ....................................... .............................17 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS .................................... .............................19 3.1 MAYOR - POWERS AND DUTIES ..................................... .............................19 3.2 APPOINTMENT OF VICE - MAYOR . ............................. ... .............................19 3.3 FILLING COUNCIL VACANCIES ......................................... .............................19 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............... .............................19 3.3.2 PUBLIC APPOINTMENT ............................................ .............................20 3.3.3 ADVERTISE FOR APPLICANTS ................................ .............................20 3.3.4 QUALIFICATIONS ...................................................... .............................20 3.3.5 PUBLIC MEETING ...................................................... .............................20 3.4 GENERAL POWERS OF THE COUNCIL ............................ .............................21 3.5 ADMINISTERING OATHS; SUBPOENAS .......................... .............................21 3.6 LIMITATIONS ..................................................................... .............................22 3.7 METHOD OF ACTION BY COUNCIL ................................. .............................22 3.8 ORDINANCES ...................................................................... .............................22 3.9 ACCEPTANCE OF GRANTS OR DEEDS .......................... .............................22 ii 3. 10 LEGISLATIVE ACTION PROGRAM .................................. .............................22 3.11 AMICUS CURIAE PARTICIPATION ................................... .............................23 CHAPTER FOUR THEBROWN ACT ........................................................................... .............................24 4.1 APPLICABILITY AND PENALTIES ................................... .............................24 4.2 MAJOR PROVISIONS ........................................................... .............................24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS ................................................................ .............................24 4.2.3 AGENDAS ................................................................. .............................24 4.2.4 ACTIONS ................................................................... .............................24 4.2.5 PUBLIC INPUT .......................................................... .............................25 4.2.6 PUBLIC DISRUPTIONS ............................................ .............................25 4.2.7 CORRESPONDENCE ................................................ .............................25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...........................25 4.3 SPECIAL MEETINGS .......................... ............................... .26 4.4 EMERGENCY MEETINGS .................................................... .............................26 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT ....................................................... .............................26 4.6 OTHER PROVISIONS ............................................................. .............................26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT.- ...... ---- ............................ 27 5.1 INTENT.. ..................................................... .............................27 5.2 GUIDELINES FOR COUNCIL MEMBERS ......................... .............................27 5.2.1 REQUESTS FOR INFORMATION ........................... .............................27 5.2.2 DIRECTION TO STAFF ............................................ .............................27 5.3 GUIDELINES FOR STAFF ................................................... .............................27 5.3.1 TIMELY RESPONSE ................................................. .............................28 5.3.2 DIRECTION FROM COUNCIL ................................ .............................28 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ............28 5.3.4 INFORMATION DISTRIBUTION ........................... .............................28 5.3.5 SIGNIFICANT INFORMATION ............................. .............................28 9 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS .... 29 5.4.1 TELEPHONES .......................................................... .............................29 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....29 5.4.3 SECURITY ................................................................. .............................29 5.4.4 INTERNET ACCESS ................................................ .............................30 5.4.5 ELECTRONIC MAIL ( EMAIL) ............... ............................... ...........30 5.4.6 SUPPORT RESPONSIBILITIES .............................. .............................30 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ............ .............................30 CHAPTER SIX ADVISORY BODY PROCEDURES ................................................ .............................31 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ....................31 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES., . .................... 31 6.1.2 ROLE ......................................................................... .............................31 6.1.3 COMMUNICATION ................................................. .............................31 6.1.4 EDUCATION ............................................................ .............................31 6.1.5 APPOINTMENT AND RECOMMENDATION ...... .............................31 6.1.6 ATTENDANCE ......................................................... .............................31 6.2 COUNTY OR REGIONAL REPRESENTATION .......... .... .............................32 6.3 OTHER COUNCIL SUBCOMMITTEES ............................ .............................32 6.4 ROLE OF ADVISORY BODY. MEMBERS AT COUNCIL MEETINGS. ...... 32 6.4.1 INTENT .................................................................... .............................32 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................32 6.4.3 COUNCIL MEETINGS ............................................ .............................32 6.4.4 RECOMMENDATIONS .......................................... .............................33 6.5 ROLE OF CITY STAFF PERSONS ................................... .............................33 6.6 APPOINTMENT PROCEDURES ... ............................... .............................33 6.6.1 PURPOSE ................................................................. .............................33 6.7 PROCESS ........................................................................... .............................34 6.7.1 QUALIFICATIONS ................................................ .............................34 6.7.2 TERMS ..................................................................... .............................34 6.7.3 PROCESS ................................................................. .............................35 iv COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor -City Manager form of government. The last charter revision occurred on November 4, 2008. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter, Council Policies & Procedures Manual 2008 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2008 Page 2 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty -four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Noticc requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non - profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any Council Policies & Procedures Manual 2008 Page 3 non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and /or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well- being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney Council Policies & Procedures Manual 2008 Page 4 and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four -fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during Council Policies & Procedures Manual 2008 Page 5 1.3 that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Appointments 1.2.5.6 Public Comment 1.2.5.7 Consent Agenda 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2008 Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross- exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of Council Policies & Procedures Manual 2008 Page 7 staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. Council Policies & Procedures Manual 2008 Page 8 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote, (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote maybe changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. Council Policies & Procedures Manual 2008 Page 9 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote may be taken at the discretion of the Presiding Officer. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. Council Policies & Procedures Manual 2008 Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name Council Policies & Procedures Manual 2008 Page 11 and address, and /or the name and address of the applicant /appellant they are representing. If the applicant /appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest Council Policies & Procedures Manual 2008 Page 12 received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially Council Policies & Procedures Manual 2008 Page 13 recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. Council Policies & Procedures Manual 2008 Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT, MEDICAL. DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and Council Policies & Procedures Manual 2008 Page 15 legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense AIlowance: Council Member $300 Mayor $450 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available Council Policies & Procedures Manual 2008 Page 16 for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and /or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his/her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTIIER GUIDELINES Any other travel- related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, Council Policies & Procedures Manual 2008 Page 17 benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and /or Mayor. Council Policies & Procedures Manual 2008 Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - .POWEII AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow incorporation into the Council goal- setting process. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of Council Policies & Procedures Manual 2008 Page 19 the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (15 0) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 33.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. Council Policies & Procedures Manual 2008 Page 20 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If Council is unable to reach consensus on the appointment and --- st-- - consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 GENERAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in the Charter and the delegation of power, if any, to any person, officer, Board, or Conmlission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for the Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) Council Policies & Procedures Manual 2008 Page 21 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond Council Policies & Procedures Manual 2008 Page 22 promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and /or resolutions or recommendations of the League of California Cities. 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2008 Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PRO'V'ISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: Council Policies & Procedures Manual 2008 Page 24 4.2.4.1 An emergency situation exists (determined by a majority of the Council). 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS T he Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and /or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) Council Policies & Procedures Manual 2008 Page 25 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECOIZ i l.5 ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk. Council Policies & Procedures Manual 2008 Page 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2008 Page 27 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service- related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a Council Policies & Procedures Manual 2008 Page 28 regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer wnrkctatinn and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: • The City information systems exist solely for the purpose of conducting City business, not intended for personal use. • All data (including electronic mail messages) is owned by the City and subject to public disclosure. • All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2008 Page 29 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2008 Page 30 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLE Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2008 Page 31 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and /or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER. COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and /or study. 6.4 ROLE OF ADVISORV BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2008 Page 32 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the chairaerson is responsible for committee compliance with the nolicies cn,tlined in the Advi.gnry Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2008 Page 33 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Construction Board of Appeals, which do not have term limits. 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2008 Page 34 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special-purpose committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.4. The City Clerk shall post/publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.5 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. - Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2008 Page 35 6.7.3.8 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2008 Page 36 City of san lugs oBIspo COUNCIL POLICIES AND PROCEDURES Adopted by the City Council April 20, 2004, Resolution No. 9554 Updated by the City Council May 2, 2006, Resolution No. 9794 FOREWARD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876 and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor- Administrative Officer form of government. The last charter revision occurred on November 5, 1996. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 1 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS CHAPTER ONE MEETING GUIDELINES & PROCEDURES ................................. ............................... 2 1.1 MEETING SCHEDULE ........................................................... ............................... 2 1.1.1 MEETINGS OF COUNCIL .......................................... ............................... 2 1.1.2 REGULAR MEETINGS .......... .................................... ............................... 2 1.1.3 STUDY SESSIONS ...................................................... ............................... 2 1.1.4 SPECIAL MEETINGS .................................................. ............................... 3 1.1.5 USE OF COUNCIL CHAMBERS ................................ ............................... 3 1.2 AGENDA .................................................................................. ............................... 4 1.2.1 ESTABLISHING THE COUNCIL AGENDA .............. ............................... 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) .......... 5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ........... 5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ....................... 5 1.2.5 EMERGENCY ITEMS ................................................. ............................... 5 1.2.6 RECONSIDERATION ....................................................... ............... --- ....... 5 1.2.7 ORDER OF BUSINESS ............................................... ............................... 6 1.2.8 NOTIFICATION AND ADVERTISING ...................... ............................... 6 1.3 MEETING PROCEDURES ...................................................... ............................... 6 1.3.1 PRESIDING OFFICER ................................................ ............................... 6 1.3.2 QUORUM .................................................................... ............................... 7 1.3.3 DISCUSSION RULES ................................................. ............................... 7 1.3.4 PARLIAMENTARY PROCEDURE ...................... ............................... , .... 8 1.3.5 PROTOCOL ................................................................. ..............................8 1.3.6 VOTING PROCEDURES ............................................ ............................... 9 1.3.7 PUBLIC COMMENT ................................................ ............................... i 0 1.3.8 CONSENT AGENDA ................................................ ............................... 12 1.3.9 COMMUJNICATIONS ................................................. .............................13 1.3.10 CLOSED SESSIONS ................................................ .............................13 1.4 MEETING COVERAGE ..................................................... ............................... 13 CHAPTER TWO COUNCILCOMPENSATION ..................................................... ............................... 15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS .... ............................... 15 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE....... 15 2.3 PROFESSIONAL DEVELOPMENT.......... ... ............................................. ....... ... 15 2.3.1 PROFESSIONAL DEVELOPMENT ......................... ............................... 15 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE ............................ 15 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS ............................. 16 2.3.4 START -UP ALLOWANCE ........................................ ............................... 16 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ... ............................... 16 2.4.1 CITY BUSINESS ..................................................... ............................... 16 2.4.2 MILEAGE ................................................................ .............................17 2.5 GENERAL PROCEDURES AND LIMITATIONS ............... ............................... 17 2.5.1 ACCOUNTING ......................................................... .............................17 2.5.2 REIMBURSEMENT LIMITATION .......................... ............................... 17 2.5.3 SPECIAL EXPENSES ................................................ .............................17 2.5.4 HONORARIUM .................. ................................. .............................18 2.5.5 OTHER GUIDELINES .............................................. ............................... 18 2.6 C;OUNC;ILC=OMPENSAI'ION COMMl'I-TEE 2.6.1 MEMBERSHIP .......................................................... .............................18 2.6.2 REVIEW RESPONSIBILITY ..................................... ............................... 18 CHAPTER 'THREE COUNCIL POWERS & APPOINTMENTS ................................. ............................... 19 3.1 MAYOR - POWERS AND DUTIES ..................................... ............................... 19 3.2 APPOINTMENT OF VICE -MAYOR .................................. ............................... 19 3.3 FILLING COUNCIL VACANCIES ...................................... ............................... 20 3.3.1 APPOINTMENT OR SPECIAL ELECTION..... ........ ............................... 20 3.3.2 PUBLIC APPOINTMENT .......................................... ........................ ........ 20 3.3.3 ADVERTISE FOR APPLICANTS ............................. ............................... 20 3.3.4 QUALIFICATIONS ............. .................................. ............................... 20 3.3.5 PUBLIC MEETING .................................................. ............................... 21 3.4 GENERAL POWERS OF THE COUNCIL .......................... ............................... 21 3.5 ADMINISTERING OATHS: SUBPOENAS ........................ ............................... 22 3.6 LIMITATIONS ...................................................................... .............................22 3.7 METHOD OF ACTION BY COUNCIL ............................... ............................... 22 3.8 ORDINANCES ..................................................................... .............................22 3.9 ACCEPTANCE OF GRANTS OR DEEDS ........................ ............................... 23 11 3. 10 LEGISLATIVE ACTION PROGRAM ................................ ............................... 23 3.11 AMICUS CURIAE PARTICIPATION ................................. ............................... 23 CHAPTER FOUR THEBROWN ACT ................................................. ............................... .................... 24 4.1 APPLICABILITY AND PENALTIES ................................. ............................... 24 4.2 MAJOR PROVISIONS .... ............................... ................ ............................... 24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS ................................................................ .............................24 4.2.3 AGENDAS .................. ............................................. ............................... 24 4.2.4 ACTIONS ................................................................... .............................25 4.2.5 PUBLIC INPUT ....................................................... ............................... 25 4.2.6 PUBLIC DISRUPTIONS ......................................... ............................... 25 4.2.7 CORRESPONDENCE .............................. ............................... ...........25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS .......................... 25 4.3 SPECIAL MEETINGS ......................................................... ............................... 26 4.4 EMERGENCY MEETINGS...................................... .......................................... 26 4.5 ELECTRONIC MAIL fE MAIL THE PUBLIC RECORDS ACT ANDTHE BROWN ACT ..................................................... ............................... 26 4.6 OTHER PROVISIONS ......................................................... ............................... 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT ................ ............................... 28 5.1 INTENT ................... .. ............................................................................................ 28 5.2 GUIDELINES FOR COUNCIL MEMBERS ...................... ............................... 28 5.2.1 REQUESTS FOR INFORMATION ........................ ............................... 28 5.2.2 DIRECTION TO STAFF ......................................... ............................... 28 5.3 GUIDELINES FOR STAFF ................................................ ............................... 28 5.3.1 TIMELY RESPONSE .............................................. ............................... 29 5.3.2 DIRECTION FROM COUNCIL .............................. ............................... 29 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ........... 29 5.3.4 INFORMATION DISTRIBUTION ........................ ............................... 29 5.3.5 SIGNIFICANT INFORMATION .......................... ............................... 29 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS... 30 iii 5.4.1 TELEPHONES .......................................................... .............................30 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY..... 30 5.4.3 SECURITY ....................................... ............................... . ..................... 31 5.4.4 INTERNET ACCESS ............................................. ............................... 31 5.4.5 ELECTRONIC MAIL (E MAIL) ............................ ............................... 31 5.4.6 SUPPORT RESPONSIBILITIES ............................ ............................... 31 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ......... ............................... 31 CHAPTER SIX ADVISORY BODY PROCEDURES ............................................. ............................... 32 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ................... 32 6. 1.1 COMMUNICATION .............................................. ............................... 32 6.1.2 EDUCATION ............................................................ .............................32 6.1.3 APPOINTMENT RECOMMENDATION ............. ............................... 32 6.1.4 ATTENDANCE ...................................................... ............................... 32 6.2 COUNTY OR REGIONAL REPRESENTATION ............ ............................... 32 6.3 OTHER COUNCIL SUBCOMMITTEES ......... .....:......................... 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS...... 33 6.4.1 INTENT .................................................................. ............................... 33 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................33 6.4.3 COUNCIL MEETINGS ......................................... ............................... 33 6.4.4 RECOMMENDATIONS ....................................... ............................... 33 6.5 ROLE OF CITY STAFF PERSONS ................................ ............................... 34 6.6 APPOINTMENT PROCEDURES .................................... ............................... 34 6.6.1 PURPOSE .............................................................. ............................... 34 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS ........... ............................... 34 6.7 PROCESS ......................................................................... .............................35 6.7.1 QUALIFICATIONS ............................................... ............................... 35 6.7.2 TERMS .................................................................. ............................... 35 6.7.3 PROCESS .............................................................. ............................... 36 iv CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chambers, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 2 1.1.4 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.142 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBERS 1.1.5.1 The City Administrative Officer (CAO), or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the CAO shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non- profit groups during regular business hours only, unless otherwise approved by the CAO (see exception noted in Section 1.1.52c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chambers will not be available for use by any non -City organizations during non - business hours, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 3 c. With the approval of the CAO, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the CAO to inform and advise the Council of matters necessary to the proper operation and well -being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the CAO and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the CAO, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the CAO, City Attorney and City Clerk. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or F 1 ) 't t that the ;tam ha "Fl—aced nn a fiutiure agenda by CGiiCciiiS, tvr example), i� iiiay request �, �......�... ��. t, ..b.. � submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four - fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged, however, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered provided it is presented by a Council Member who voted with the prevailing side at the Council meeting where the original vote was taken, or at the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 5 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Public Comment 1.2.5.6 Consent Agenda 1.2.5.7 Appointments 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be reviewed by the City Clerk and will be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Administrative Officer has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to Staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 7 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: Immediately stop discussion and vote. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1 Council Policies &Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 8 1.3.6 1.3.5.1.2 Side conversations, disruptions, interruptions or delaying efforts are discouraged. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such ether appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Priding Officer shall be IJeIi11lLLGU t Jl`L at lllc l,vurti,u yr otau tuviw. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 9 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote announcement by the City Clerk and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion, if required for Council or public clarification. 1.3.6.6 Voice vote may be taken at the discretion of the Chair. 1.3.6.7 General consent vote may be taken at the discretion of the Chair, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote the City Clerk shall announce whether the questions have been carried or defeated. 1.3.6.11 Tie votes: Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every meeting. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comment to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall rcgistcr as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1:1 Submit speaker slips to the City Clerk. 1.3.7.4.1.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 11 1.3.7.4.1.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting, therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 12 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the CAO sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the mceting, unless gr.ar;al CirCUmstannes are. found to exist, Formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four - fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 13 1.4.2 All City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. 1.4.7 Tips on the Dais. 1. Avoid saying things near a microphone you do not wish heard. 2. Ask all speakers to come forward to the podium. Speakers shall direct their comments to the Council, not the audience. Discourage people from speaking from the audience. 3. Certain colors of clothing present difficulties to the television system, and thus can be distracting to viewers at home. White causes glare and makes the picture around it appear dark, with loss of detail. Bright red and orange reproduce poorly on television and can also cause glare problems. Clothing with fine patterns, such as stripes and grids, can cause a rainbow effect in the picture that is extremely distracting. Shiny objects that reflect light should be avoided. Good colors for television include blues, greens, browns, grays, and most pastels. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT MEDICAL DENTAL VISION AND LIFE :INSURANCE The Mayor and Council Members shall be entitled to city- funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE For the cost of participating in the Annual Conference of the League of California Cities. The City shall also reimburse the following costs for spousal participation, which is encouraged: Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 15 - Double room instead of a single room. - Spousal registration fees to attend Conference seminars (this does not include reimbursement for recreational activities that may be offered by the League during meeting activities). Travel expenses only if a bus, train, or plane must be used rather than a city vehicle. If the public official uses his/her personal vehicle, travel reimbursement shall be provided only the employee. Meals that spouses are expected to attend as part of directly - related Conference activities will be reimbursed at the same per diem as the public official. 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS When the spouse of an official or employee is expected to attend a quarterly meeting of the Channel Counties Division of the League, the meal expense will be paid by the City with the authorization of the City Administrative Officer. 2.3.4 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Ex ease Allowance: Council Member $300 Mayor $450 Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 16 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and e2,Ch Cruine -il T/iemher iS exnPrtPrl to nlan hiicine..cc antivitieg gn ac to stav within hic/hc.r hilrlvet t..,....,.,. t, -- o - -1 When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 17 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his/her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel - related issue not specifically governed in this resolution shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed by January 31, in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council within 90 days, or no later than May 1st. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; and 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor.' Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the ..rb m nrnrnva� h thA ('nnnril Tha Mavnr chnnlrl enhmit the anrnial Work program at the beginning of the budget process to allow incorporation into the Council goal- setting process. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 406) 3.1.4 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.5 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a -one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 19 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (City Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 20 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting each applicant wishing to serve should be present to verify that they would be willing to serve if appointed, and that they are residents of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion. shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If no person is appointed, the Council may adjourn the meeting from time to time to attempt to reach a decision at any time within 30 days of the occurrence of the vacancy. 3.4 GENERAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in this Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 21 3.5 ADMINISTERING OATHS. SUBPCIENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the naive of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 MLTI'ROD OF ACTION B COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORD [NANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the CAO to set a public hearing on an ordinance. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 5 06 ) Council Policies &Procedures Manual 2007 Updated 5/2/006 by Resolution Series) n No. 9794 (2006 Series) Page 22 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or recommendations of the League of California Cities. (Resolution No. 8912) 3.11 AMICUS CURIAE PART'ICIPAT'ION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more) members are present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 24 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists, (determined by a majority of the Council.) 4.2.4.2 That the need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote.) 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation; the litigation or title must be identified in open session Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 25 prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) 4.2.8.3 Compensation (salaries and benefits) of employees; to review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and/or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL + MAIL THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for city email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 26 merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure you have the latest information. Please check with the City Attorney and/or the City Clerk for more information. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 27 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the CAO. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the CAO. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, and schedules, and departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The CAO and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 28 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Administrative Officer the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the.request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Administrative Officer, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the CAO will provide copies of the material to all other Council Members. In making this judgment, the CAO will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service - related needs, or policy positions perceived as necessary by Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 29 individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer workstation and related City - standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: • The City information systems exist solely for the purpose of conducting City business, not intended for personal use; • All data (including electronic mail messages) is owned by the City and subject to public disclosure; * All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 30 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal polices, procedures, and guidelines. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 31 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS Annually, the Mayor shall appoint two members of the City Council to serve in a liaison capacity to each City advisory body (includes commissions, committee and boards). The subcommittee shall consist of the Chair and one Member. (See 6.6.2 for appointment procedures). Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.1 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.2 EDUCATION Increase the Council's familiarity with the membership, programs and issues of the advisory body. 6.1.3 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.4 ATTENDANCE From time to time, attend commission meetings for observation purposes only. (ABH § II,C) Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures). Voting Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 32 delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS r n^ i . 1 e O A n or FCeS. t�1 iGJi rare occasions Wei �r Av u.1+./i Reconm-endaLi L111c L 11 recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the CAO recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction, then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. (ABH § III,B.l.g) 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. (ABH § 111,B. Lb). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 33 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the CAO and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. (ABH § 11,D) Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as Secretary, taking minutes as needed. (ABH § II,D) It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. (ABH § II,D) 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. (ABH § IH,C.6) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 34 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 The applicant must be a resident and registered voter of the City at the time and during the entire term of appointment, unless excepted by State law or special circumstances such as deed restrictions. (ABH § III,C) 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. (ABH § III,C) 6.7.1.3 No member of the Council may be appointed to any office created or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409). 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. (ABH § III,D) 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Some exceptions include: The Housing Authority, Jack House Committee and Tree Committee. (ABH § M,D) 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. (ABH § III,D) 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purpose committee at the same time. If appointed to another committee, he /she will be expected to resign from one body upon being appointed to another. (ABH § M,C.5) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 35 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. (ABH § III,C.1) 6.7.3.2 In February of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.3. The Council Liaison Subcommittee reviews the current applications and determines the recruitment process, including whether to advertise. (ABH § IH,C.3) If the committee is a technical or special purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative and Chair are invited to participate in determining the recruitment process. 6.7.3.4. The City Clerk shall then place an ad in the local newspaper, inviting citizens to apply for consideration as an appointment to an advisory body, 6.7.3.5 The applicant reads the Advisory Body Handbook and attends at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). (ABH § HI,C.3) If the vacancy is for a technical or special - purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative will be invited. 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. (ABH § M,C.3) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 36 6.7.3.8 Applicants not appointed will be advised and their applications held for consideration in the event of a future vacancy for no less than one year. (ABH § IH,C.4) 6.7.3.9 The Subcommittee may prepare a list of all qualified candidates that they interview. Such list shall be filed with the City Clerk and may be used as a basis for appointments to fill vacancies that may occur during the year. Council appointment of a particular term is required. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 37 city of san Luis oBispo COUNCIL POLICIES AND PROCEDURES Adopted by the City Council April 20, 2004, Resolution No. 9554 Updated by the City Council May 2, 2006, Resolution No. 9794 FOREWARD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876 and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor- Administrative Officer form of government. The last charter revision occurred on November 5, 1996. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 1 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS CHAPTER ONE MEETING GUIDELINES & PROCEDURES ................................ ............................... 2 1.1 MEETING SCHEDULE ........................................................... ............................... 2 1.1.1 MEETINGS OF COUNCIL .......................................... ............................... 2 1.1.2 REGULAR MEETINGS ............................................... ............................... 2 1.1.3 STUDY SESSIONS ...................................................... ............................... 2 1.1.4 SPECIAL MEETINGS .................................................. ............................... 3 1.1.5 USE OF COUNCIL CHAMBERS ................................ ............................... 3 1.2 AGENDA .................................................................................. ............................... 4 1.2.1 ESTABLISHING THE COUNCIL AGENDA .............. ............................... 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) .......... 5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ........... 5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ....................... 5 1.2.5 EMERGENCY ITEMS ................................................. ............................... 5 1.2.6 RECONSIDERATION ................................................. ............................... 5 1.2.7 ORDER OF BUSINESS ............................................... ............................... 6 1.2.8 NOTIFICATION AND ADVERTISING ...................... ............................... 6 1.3 MEETING I "IZ OCEDURES ...................... ............................... ........................... 6 1.3.1 PRESIDING OFFICER ................................................ ............................... 6 1.3.2 QUORUM .................................................................... ............................... 7 1.3.3 DISCUSSION RULES ................................................. ............................... 7 1.3.4 PARLIAMENTARY PROCEDURE ........................... ............................... 8 1.3.5 PROTOCOL .................................................................. ..............................8 1.3.6 VOTING PROCEDURES ............................................ ............................... 9 1.3.7 PUBLIC COMMENT ................................................ ............................... 10 1.3.8 CONSENT AGENDA ................................................ ............................... 12 1.3.9 COMMUNICATIONS ............................................... ............................... 13 1.3.10 CLOSED SESSIONS ................................................ ............................... 13 1.4 MEETING COVERAGE ..................................................... ............................... 13 CHAPTER TWO COUNCILCOMPENSATION ....................................................... .............................15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS .... ............................... 15 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE....... 15 2.3 PROFESSIONAL DEVELOPMENT ..................................... ............................... 15 i 2.3.1 PROFESSIONAL DEVELOPMENT ......................... ............................... 15 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE ............................ 15 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS.. . . ............ . ... ....... 16 2.3.4 START -UP ALLOWANCE ........................................ ............................... 16 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ... ............................... 16 2.4.1 CITY BUSINESS ........................,.................,.......... ............................... 16 2.4.2 MILEAGE ................................................................ .............................17 2.5 GENERAL 'PROCEDURES AND LIMITATIONS ............... ............................... 17 2.5.1 ACCOUNTING ......................................................... .............................17 2.5.2 REIMBURSEMENT LIMITATION .......................... ............................... 17 2.5.3 SPECIAL EXPENSES ............................................... ............................... 17 2.5.4 HONORARIUM ........................................................ .............................18 2.5.5 OTHER GUIDELINES ............................... . .............. ............................... 18 2.6 COUNCIL COMPENSATION COMMITTEE ...................... ............................... 18 2.6. i ' EMBERS IhP ........................................................ ............................... 18 2.6.2 REVIEW RESPONSIBILITY ..................................... ............................... 18 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS ................................. ............................... 19 3.1 MAYOR - POWERS AND DUTIES ..................................... ............................... 19 3.2 APPOINTMENT OF V ICE -MAYOR ................................... ............................... 19 3.3 FILLING COUNCIL VACANCIES ...................................... ............................... 20 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............. ............................... 20 3.3.2 PUBLIC APPOINTMENT .......................................... ............................... 20 3.3.3 ADVERTISE FOR APPLICANTS ............................. ............................... 20 3.3.4 QUALIFICATIONS ..................................................... .............................20 3.3.5 PUBLIC MEETING ................................................... ............................... 21 3.4 GENERAL POWERS OF THE COUNCIL .......................... ............................... 21 3.5 ADMINISTERING OATHS: SUBPOENAS ................... 3.6 LIMITATIONS ..................................................................... ............................... 22 3.7 METHOD OF ACTION BY COUNCIL ............................... ............................... 22 3.8 ORDINANCES .................................................................... ............................... 22 3.9 ACCEPTANCE OF GRANTS OR DEEDS ....................... ............................... 23 m 3. 10 LEGISLATIVE ACTION PROGRAM ................................ ............................... 23 3.11 AMICUS CURIAE PARTICIPATION ................................. ............................... 23 CHAPTER FOUR THEBROWN ACT .................................................... ........................... . . .. .................. 24 4.1 APPLICABILITY AND PENALTIES .................................. ............................... 24 4.2 MAJOR PROVISIONS ....................................................... ............................... 24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS .............................................................. ............................... 24 4.2.3 AGENDAS ............................................................... ............................... 24 4.2.4 ACTIONS ................................................................... .............................25 4.2.5 PUBLIC INPUT ....................................................... ............................... 25 4.2.6 PUBLIC DISRUPTIONS ......................................... .........................•..... 25 4.2.7 CORRESPONDENCE ............................................. ............................... 25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS .......................... 25 4.3 SPECIAL MEETINGS .......................................................... ........... .................... 26 4.4 EMERGENCY MEETINGS ................................................. ............................... 26 4.5 ELECTRONIC MAIL (E MAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT ..................................................... ............................... 26 4.6 OTHER PROVISIONS ......................................................... ............................... 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT ................ ............................... 28 5.1 INTENT ... ............................................................................... ............................... 28 5.2 GUIDELINES FOR COUNCIL MEMBERS ...................... ............................... 28 5.2.1 REQUESTS FOR INFORMATION ....................................................... 28 5.2.2 DIRECTION TO STAFF ......................................... ............................... 28 5.3 GUIDELINES FOR STAFF ................................................. ............................... 28 5.3.1 TIMELY RESPONSE .............................................. ............................... 29 5.3.2 DIRECTION FROM COUNCIL .............................. ............................... 29 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ........... 29 5.3.4 INFORMATION DISTRIBUTION ........................ ............................... 29 5.3.5 SIGNIFICANT INFORMATION .......................... ............................... 29 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS... 30 iii 5.4.1 TELEPHONES ........................................................ ............................... 30 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY..... 30 5.4.3 SECURITY ............................................................. ............................... 31 5.4.4 INTERNET ACCESS ............................................. ............................... 31 5.4.5 ELECTRONIC MAIL (E MAIL) ............................ ............................... 31 5.4.6 SUPPORT RESPONSIBILITIES ............................ ............................... 31 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ......... ............................... 31 CHAPTER SIX ADVISORY BODY PROCEDURES ............................................. ............................... 32 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ................... 32 6. 1.1 COMMUNICATION .............................................. ............................... 32 6.1.2 EDUCATION ............................................................ .............................32 6.1.3 APPOINTMENT RECOMMENDATION ............. ............................... 32 6.1.4 ATTENDANCE ...................................................... ............................... 32 c �l TrAT V !ln nL.'/�Tl1R�AT P�nnTSEl`d'rn'T'IO'ei 32 U.G l.II VIVTI Vl\1\l:l J1V1 1 \L11\li lAl L ....... ............................... 6.3 OTHER COUNCIL SUBCOMMITTEES ......................... ............................... 33 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ...... 33 6.4.1 INTENT .................................................................. ............................... 33 6.4.2 COUNCIL AGENDA REPORTS .......................... ............................... 33 6.4.3 COUNCIL MEETINGS ......................................... ............................... 33 6.4.4 RECOMMENDATIONS ....................................... ............................... 33 6.5 ROLE OF CITY STAFF PERSONS ................................. ............................... 34 6.6 A I -) PO INTMENT PROCEDURES ................................... ............................... 34 6.6.1 PURPOSE .............................................................. ............................... 34 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS ........... ............................... 34 6.7 PROCESS ......................................................................... .............................35 6.7.1 QUALIFICATIONS ............................................... ............................... 35 6.7.2 TERMS .................................................................. ............................... 35 6.7.3 PROCESS .............................................................. ............................... 36 iv CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chambers, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 2 1.1.4 1.1.5 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. USE OF COUNCIL CHAMBERS 1.1.5.1 The City Administrative Officer (CAO), or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the CAO shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non- profit groups during regular business hours only, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chambers will not be available for use by any non -City organizations during non - business hours, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 3 With the approval of the CAO, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the CAO to inform and advise the Council of matters necessary to the proper operation and well -being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the CAO and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the CAO, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the CAO, City Attorney and City Clerk. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the Citv'c nnnrnvPrl C'nirnril Aoendn Prennratinn Pnlirv- In the event that an advisnry ...... —, -� -- rr-,.. -- � _�------- a-- ------- r----- - - - - -- - - --a- - - - -- - - - -- - - - -- - � body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four - fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged, however, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered provided it is presented by a Council Member who voted with the prevailing side at the Council meeting where the original vote was taken, or at the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 5 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Public Comment 1.2.5.6 Consent Agenda 1.2.5.7 Appointments 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be reviewed by the City Clerk and will be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Administrative Officer has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to Staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 7 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: Immediately stop discussion and vote. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 8 1.3.6 1.3.5.1.2 Side conversations, disruptions, interruptions or delaying efforts are discouraged. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 9 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote announcement by the City Clerk and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion, if required for Council or public clarification. 1.3.6.6 Voice vote may be taken at the discretion of the Chair. 1.3.6.7 General consent vote may be taken at the discretion of the Chair, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote the City Clerk shall announce whether the questions have been carried or defeated. 1.3.6.11 Tie votes: Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every meeting. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such itcros. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comment to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1.1 Submit speaker slips to the City Clerk. 1.3.7.4.1.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 11 1.3.7.4.1.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting, therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 12 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular conlinunicatiou item should be provided to the CAO sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non- agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four - fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 13 1.4.2 All City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. 1.4.7 Tips on the Dais. 1. Avoid saying things near a microphone you do not wish heard. 2. Ask all speakers to come forward to the podium. Speakers shall direct their comments to the Council, not the audience. Discourage people from speaking from the audience. 3. Certain colors of clothing present difficulties to the television system, and thus can be distracting to viewers at home. White causes glare and makes the picture around it appear dark, with loss of detail. Bright red and orange reproduce poorly on television and can also cause glare problems. Clothing with fine patterns, such as stripes and grids, can cause a rainbow effect in the picture that is extremely distracting. Shiny objects that reflect light should be avoided. Good colors for television include blues, greens, browns, grays, and most pastels. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for set-vices rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT MEDICAL DENTAL VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to city- funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE For the cost of participating in the Annual Conference of the League of California Cities. The City shall also reimburse the following costs for spousal participation, which is encouraged: Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 15 - Double room instead of a single room. - Spousal registration fees to attend Conference seminars (this does not include reimbursement for recreational activities that may be offered by the League during meeting activities). - Travel expenses only if a bus, train, or plane must be used rather than a city vehicle. If the public official uses his /her personal vehicle, travel reimbursement shall be provided only the employee. - Meals that spouses are expected to attend as part of directly- related Conference activities will be reimbursed at the same per diem as the public official. 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS When the spouse of an official or employee is expected to attend a quarterly meeting of the Channel Counties Division of the League, the meal expense will be paid by the City with the authorization of the City Administrative Officer. 2.3.4 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINI±,SS AND MILEAGE ItEIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance: Council Member $300 Mayor $450 Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 16 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL 1111OCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plaii uusiness activities so as to stag' within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 17 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his /her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel - related issue not specifically governed in this resolution shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed by January 31, in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council within 90 days, or no later than May 1st. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population /budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; and 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the Administrative Officer in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor snouiu submit uic ani-luai vVoin program at the beginning of the budget process to allow incorporation into the Council goal - setting process. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 406) 3.1.4 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.5 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 19 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (City Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position, 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 20 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting each applicant wishing to serve should be present to verify that they would be willing to serve if appointed, and that they are residents of the City. Each candidate will be given five minutes to make a resentotion to Council 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 If no person is appointed, the Council may adjourn the meeting from time to time to attempt to reach a decision at any time within 30 days of the occurrence of the vacancy. 3.4 GENERAL VOWEIRS OF TnE COUNCIL Subject to the provisions and restrictions contained in this Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 21 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the CAO to set a public hearing on an ordinance. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 22 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or recommendations of the League of California Cities. (Resolution No. 8912) 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR OR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more) members are present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 24 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists, (determined by a majority of the Council.) 4.2.4.2 That the need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote.) 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT Th.- nnhlir hac nn nnnnrt„n;ty to arldress the (:rnmcil on anv item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation; the litigation or title must be identified in open session Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 25 prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) 4.2.8.3 Compensation (salaries and benefits) of employees; to review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and/or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL EMAIL THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for city email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 26 merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure you have the latest information. Please check with the City Attorney and/or the City Clerk for more information. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 27 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the CAO. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the CAO. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, and schedules, and departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The CAO and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 28 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Administrative Officer the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Administrative Officer, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the CAO will provide copies of the material to all other Council Members. In making this judgment, the CAO will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service - related needs, or policy positions perceived as necessary by Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 29 individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: • The City information systems exist solely for the purpose of conducting City business, not intended for personal use; • All data (including electronic mail messages) is owned by the City and subject to public disclosure; • All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 30 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internct connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal polices, procedures, and guidelines. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 31 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS Annually, the Mayor shall appoint two members of the City Council to serve in a liaison capacity to each City advisory body (includes commissions, committee and boards). The subcommittee shall consist of the Chair and one Member. (See 6.6.2 for appointment procedures). Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.1 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.2 EDUCATION Increase the Council's familiarity with the membership, programs and issues of the advisory body. 6.1.3 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.4 ATTENDANCE From time to time, attend commission meetings for observation purposes only. (ABH § H,C) Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures). Voting Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 32 delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. L A It !+l1T TArrrT A !"+T: AT" A T)T,1n1 -%T)TQ U. "t %-"V Lrt.1L hlJL` Lriltf TviST VT \T a 6.4.2.1 Recommendation Differences. For those rare occasions when the CAO recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the CAO recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction, then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. (ABH § III,B.I.g) 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. (ABH § IH,B. Lb). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 33 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the CAO and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. (ABH § II,D) Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as Secretary, taking minutes as needed. (ABH § II,D) It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. (ABH § II,D) 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. (ABH § III,C.6) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 34 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 The applicant must be a resident and registered voter of the City at the time and during the entire term of appointment, unless excepted by State law or special circumstances such as deed restrictions. (ABH § III,C) 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. (ABH § III,C) 6.7.1.3 No member of the Council may be appointed to any office created or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409). 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. (ABH § M,D) 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Some exceptions include: The Housing Authority, Jack House Committee and Tree Committee. (ABH § M,D) 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. (ABH § III,D) 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purpose committee at the same time. If appointed to another committee, he /she will be expected to resign from one body upon being appointed to another. (ABH § I11,C.5) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 35 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. (ABH § M,C.1) 6.7.3.2 In February of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.3. The Council Liaison Subcommittee reviews the current applications and determines the recruitment process, including whether to advertise. (ABH § III,C.3) If the committee is a technical or special purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative and Chair are invited to participate in determining the recruitment process. 6.7.3.4. The City Clerk shall then place an ad in the local newspaper, inviting citizens to apply for consideration as an appointment to an advisory body, 6.7.3.5 The applicant reads the Advisory Body Handbook and attends at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). (ABH § III,C.3) If the vacancy is for a technical or special - purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative will be invited. 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. (ABH § M,C.3) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 36 6.7.3.8 Applicants not appointed will be advised and their applications held for consideration in the event of a future vacancy for no less than one year. (ABH § M,C.4) 6.7.3.9 The Subcommittee may prepare a list of all qualified candidates that they interview. Such list shall be filed with the City Clerk and may be used as a basis for appointments to fill vacancies that may occur during the year. Council appointment of a particular term is required. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 37 city of san WIS oaIspo COUNCIL POLICIES AND PROCEDURES MANUAL AdODted-bV the City Council April 20, 2004, Resolution No. 9554 Updated by thtLih Council May 2, 2006, Resolution No. 9794 November 161, 2008, Resolution No. 10041 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS FOREWARD........................................................................................ ..............................1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES .. ............................... ..............................2 1.1 MEETING SCHEDULE ............................................................. ..............................2 1.1.1 PRESIDING OFFICER ...... ........................................... ..............................6 MEETINGS OF COUNCIL ............................................ ..............................2 1.1.2 QUORUM ...................................................................... ..............................7 REGULAR MEETINGS ................................................. ..............................2 1.3.3 1.1.3 STUDY SESSIONS ........................................................ ..............................2 PARLIAMENTARY - PROCEDURE ............................. ..............................8 1.1.4 1.3.5 SPECIAL MEETINGS ................................................... ..............................3 1.1.5 VOTING PROCEDURES ............................................. ..............................9 USE OF COUNCIL CHAMBER .................................... ..............................3 1.3.7 1.2 AGENDA .........................................::........................................ ..............................4 1 ') 1 FRTA RT TQNTN(-: TNF MUNCH- A (.FNT) A 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ...........5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ............ 5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ........................5 1.2.5 EMERGENCY ITEMS ................................................... ..............................5 1.2.6 RECONSIDERATION ................................................... ..............................5 1.2.7 ORDER OF BUSINESS ................................................. ..............................6 1.2.8 NOTIFICATION AND ADVERTISING ....................... ..............................6 1.3 MEETING PROCEDURES ........................................................ ..............................6 1.3.1 PRESIDING OFFICER ...... ........................................... ..............................6 1.3.2 QUORUM ...................................................................... ..............................7 1.3.3 DISCUSSION RULES ................................................... ..............................7 1.3.4 PARLIAMENTARY - PROCEDURE ............................. ..............................8 1.3.5 PROTOCOL .................................................................. ..............................8 1.3.6 VOTING PROCEDURES ............................................. ..............................9 1.3.7 PUBLIC COMMENT ................................................... .............................10 1.3.8 CONSENT AGENDA .................................................. .............................12 1.3.9 COMMUNICATIONS .................................................. .............................12 1.3.10 CLOSED SESSIONS ................................................... ............................ .. 13 1.4 MEETING COVERAGE ........................................................ .............................13 CHAPTER TWO COUNCIL COMPENSATION .. ................................................................................... 15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....... .............................15 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE .......15 2.3 PROFESSIONAL DEVELOPMENT ........................ . 2.3.1 PROFESSIONAL DEVELOPMENT ............................ .............................15 2.3.2 START -UP ALLOWANCE .......................................... .............................15 2.4 CITY BUSINESS AND MILEAGE REIMBU RSEMENT ......................... ........16 2.4.1 CITY BUSINESS ....................................................... .............................16 2.4.2 MILEAGE ............. 2.5 GENERAL PROCEDURES AND LIMITATIONS .................. .............................16 2.5.1 ACCOUNTING ........................................................ .............................16 2.5.2 REIMBURSEMENT LIMITATION ............................ .............................17 2.5.3 SPECIAL EXPENSES .......................................... ............................... .17 2.5.4 HONORARIUM ................................................... ............................... .17 2.5.5 OTHER GUIDELINES ................................................. .............................17 2.6 COUNCIL COMPENSATION COMMITTEE ......................... .............................17 2.6.1 MEMBERSHIP ........................................................... .............................17 2.6.2 REVIEW RESPONSIBILITY ................... CHAPTER THREE COUNCIL POWERS & APPOINTMENTS .................................... .............................19 3.1 MAYOR - POWERS AND DUTIES ............................ .... .....,..............,........19 3.2 APPOINTMENT OF VICE- MAYOR ..... ........ ....................... ............................... 19 3.3 FILLING COUNCIL VACANCIES ......................................... .............................19 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............... .............................19 3.3.2 PUBLIC APPOINTMENT ............................................ .............................20 3.3.3 ADVERTISE FOR APPLICANTS ................................ .............................20 3.3.4 QUALIFICATIONS ..................................................... .............................20 3.3.5 PUBLIC MEETING ...................................................... .............................20 3.4 GENERAL POWERS OF THE COUNCIL ............................ .............................21 3.5 ADMINISTERING OATHS: SUBPOENAS .......................... .............................21 3.6 LIMITATIONS ....................................................................... .............................22 3.7 METHOD OF ACTION BY COUNCIL ................................. .............................22 3.8 ORDINANCES ...................................................................... .............................22 3.9 ACCEPTANCE OF GRANTS OR DEEDS ........................... .............................22 ii 3. 10 LEGISLATIVE ACTION PROGRAM .................................. .............................22 3.11 AMICUS CURIAE PARTICIPATION ................................... .............................23 CHAPTER FOUR THEBROWN ACT ........................................................................... .............................24 4.1 APPLICABILITY AND PENALTIES .................................... .............................24 4.2 MAJOR PROVISIONS ........................................................... .............................24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS ................................................................ .............................24 4.2.3 AGENDAS ................................................................. .............................24 4.2.4 ACTIONS ................................................................... .............................24 4.2.5 PUBLIC INPUT .................:: a...................................... .............................25 4.2.6 PUBLIC DISRUPTIONS ............................................ .............................25 4.23 CORRESPONDENCE ................................................ .............................25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...........................25 4.3 SPECIAL MEETINGS ............................................................ .............................26 4.4 EMERGENCY MEETINGS .................................................... .............................26 4.5 ELECTRONIC MAIL (EMAIL). THE PUBLIC RECORDS ACT AND THE BROWN ACT ....................................................... .............................26 4.6 OTHER PROVISIONS ........................................................... .............................26 CHAPTER WIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT .................. .............................27 5.1 INTENT .................................................................................. ............................... 27 5.2 GUIDELINES FOR COUNCIL MEMBERS ......................... .............................27 5.2.1 REQUESTS FOR INFORMATION ........................... .............................27 5.2.2 DIRECTION TO STAFF ............................................ .............................27 5.3 GUIDELINES FOR STAFF ................................................... .............................27 5.3.1 TIMELY RESPONSE ................................................. .............................28 5.3.2 DIRECTION FROM COUNCIL ................................ .............................28 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ............28 5.3.4 INFORMATION DISTRIBUTION ........................... .............................28 5.3.5 SIGNIFICANT INFORMATION ............................. .............................28 iii 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS .... 29 5.4.1 TELEPHONES .......................................................... .............................29 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....29 5.4.3 SECURITY ................................................................ .............................29 5.4.4 INTERNET ACCESS ................................................ .............................30 5.4.5 ELECTRONIC MAIL ( EMAIL) ................................ .............................30 5.4.6 SUPPORT RESPONSIBILITIES .............................. .............................30 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ............ .............................30 CHAPTER SIX ADVISORY BODY PROCEDURES ................................................ .............................31 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ....................31 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES .......................31 6.1.2 ROLE ......................................................................... .............................31 6.1.3 COMMUNICATION .........:...................................... .............................31 6.1.4 EDUCATION ............................................................ .............................31 6.1.5 APPOINTMENT AND RECOMMENDATION ...... .............................31 6.1.6 ATTENDANCE ......................................................... .............................31 6.2 COUNTY OR REGIONAL REPRESENTATION .............. .............................32 6.3 OTHER COUNCIL SUBCOMMITTEES ............................ .............................32 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS.......32 6.4.1 INTENT .................................................................... .............................32 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................32 6.4.3 COUNCIL MEETINGS ............................................ .............................32 6.4.4 RECOMMENDATIONS .......................................... .............................33 6.5 ROLE OF CITY STAFF PERSONS ................................... .............................33 6.6 APPOINTMENT PROCEDURES ...................................... .............................33 6.6.1 PURPOSE ................................................................. .............................33 6.7 PROCESS .......................................................................... .............................34 6.7.1 QUALIFICATIONS........ .......................................... .............................34 6.7.2 TERMS ..................................................................... .............................34 6.7.3 PROCESS ................................................................. .............................35 IV COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted "bn May 1 1 R76 and hnc hr an nman`]aA 1— ,,,,,,,,l— vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor -City Manager form of goveininent. The last charter revision occurred on November 4, 2008. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2008 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 11.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2008 page 2 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty -four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non -profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.52c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non -profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any Council Policies & Procedures Manual 2008 Page 3 non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non- business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well- being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney Council Policies & Procedures Manual 2008 Page 4 and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN 1TFM (IN T641W. A lA7lvrenDV un7.Tur, - - - -•— --- —• +-. .��. ia.Laa ��aii ♦ lAJ V1 \1 LV L1L' 1JJ iwcoiiuiieuuaLioiis Inane Uy advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in stature. A four - fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during Council Policies & Procedures Manual 2008 Page 5 1.3 that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Appointments 1.2.5.6 Public Comment 1.2.5.7 Consent Agenda 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Comznumcations 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project . descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. MEETING PROCEDURES 1.3.1' PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2008 Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of Council Policies & Procedures Manual 2008 Page 7 staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. Council Policies & Procedures Manual 2008 Page 8 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory ;Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his, +, — d—;-- i.,.,, — UUNxrH%X, si,aii act as he Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to votc will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. Council Policies & Procedures Manual 2008 Page 9 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote may be taken at the discretion of the Presiding Officer. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. Council Policies & Procedures Manual 2008 Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name Council Policies & Procedures Manual 2008 Page 11 and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the, Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest Council Policies & Procedures Manual 2008 Page 12 received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstanccs are found to exist. Formal action or approval on non - agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item,fhould be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.4 MEE'T'ING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially Council Policies & Procedures Manual 2008 Page 13 recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. Council Policies & Procedures Manual 2008 Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT MEDICAL DE AL VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.F.,R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFE, SSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and Council Policies & Procedures Manual 2008 Page 15 legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Ex ease Allowance: Council Member $300 Mayor $450 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Ouarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available Council Policies & Procedures Manual 2008 Page 16 for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his/her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel- related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 C O iNC IT, COMPENSATION COMMITTEE A five-member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad -a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, Council Policies & Procedures Manual 2008 Page 17 benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. Council Policies & Procedures Manual 2008 � Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow �n� mnratinn i ^ t Al (` .,,., ,;I 1 +a;„ /!+L_�___ P en�, t..+..+....,aa n v uav �,vi,ua�+iF goai-S%�uii� prVl:ess. �1.11C111G1 � +V /� The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other dirties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of Council Policies & Procedures Manual 2008 Page 19 the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (15 0) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. Council Policies & Procedures Manual 2008 Page 20 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. Z '2 C '7 TF 1 � .. :1 ..1_1 \` � _,_ , J.J.J. i ,,. %- OUrIcii Is unable to reaurr conserisus on the appointment and further consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 GENE, RAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in the Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for the Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) 3.5 ADMI IISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) Council Policies & Procedures Manual 2008 Page 21 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 WA 110D OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.9 ACCEPTANCE OF GRANTS OIL DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond Council Policies & Procedures Manual 2008 Page 22 promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or recommendations of the League of California Cities. 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2008 Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: Council Policies & Procedures Manual 2008 Page 24 4.2.4.1 An emergency situation exists (determined by a majority of the Council). 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) A 1 c "TT"T Yd" T%TVT- %WT"rIOV 1wT" - r.�..v 1 v�l.rit. L1�7itur 11v1rrJ The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) Council Policies & Procedures Manual 2008 Page 25 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL (El PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and. requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk. Council Policies & Procedures Manual 2008 Page 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS TrIG %�l111H n1� o�n�� 0 4ti...4 iuv vvwavu .�aauu revVgillLl, ulu 4U1.lV .. p1 lllaiy il.u. i..4Al:vll.s vi l Stall l a. r L w cxccitC Cu uilel t l• pulley and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2008 Page 27 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service - related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a Council Policies & Procedures Manual 2008 Page 28 regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .V__= Yrv`viu� a�.ii L vu11111 1Vlembe1 w1LL1 a cornplele computer workstation and related City - standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: The City information systems exist solely for the purpose of conducting City business, not intended for personal use. All data (including electronic mail messages) is owned by the City and subject to public disclosure. All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2008 Page 29 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2008 Page 30 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLF. Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2008 Page 31 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and /or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair-is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2008 Page 32 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the Thai Pmnn ;Q reSp: ^S.ble fvr vvaiuiiitie� CV114F11aiiCc wIL11 the poiiIiUb Vut1iIICU III the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficicnt information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2008 Page 33 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District (TBID) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Sack House Committee and Construction Board of Appeals, which do not have term limits. 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2008 Page 34 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special-purpose.l committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that adviso -1 b44 6.7.3.4. The City Clerk sha'l'l post/publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.5 Applicants will be encouraged to read the Advisory Budy Haudbuuk and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. 1 Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2008 Page 35 6.7.3.8 Applicants not appointed will be so advised and their applications held for consideration in the event of a feature vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. 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AND r QED Cp�1�1b ICE .,., .. ....IS 1�qb b � �13ERS A •..., 1SI .....1 S FE 11S L`-� .. 15 i 2.3 PROFESSIONAL DEVELOPMENT ............ .......................................... ,.............. 15 2.3,1 PROFESSIONAL DEVELOPMENT ............................ .............................15 2.3.2 START -UP ALLOWANCE .......................................... .............................15 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT .......... __ .....................16 2.4.1 CITY BUSINESS ...... .................................................................. ............ 16 2.4.2 MILEAGE ................................................................. .............................16 2.5 GENERAL PROCEDURES AND LIMITATIONS ................... .............................16 2,5.1 ACCOUNTING .......................................................... .............................16 2.5.2 REIMBURSEMENT LIMITATION ............................ .............................17 2.5.3 SPECIAL EXPENSES ................................................. .............................17 2.5.4 HONORARIUM . .......................................,................ ......................,......17 2.5.5 OTHER GUIDELINES ................................................. .............................17 2.6 COUNCIL COMPENSATION COMMITTEE ......................... .............................17 2.6.1 MEMBERSHIP ........................................................... .............................17 2.6.2 REVIEW RESPONSIBILITY ....................................... .............................17 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS ....... ... ....................................................... 19 3.1 MAYOR - POWERS AND DUTIES ....................................... .............................19 3.2 APPOINTMENT OF VICE - MAYOR .................... ................................. .............. 19 3.3 FILLING COUNCIL VACANCIES- ...................................... .............................19 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............... .............................19 3.3.2 PUBLIC APPOINTMENT ............................................ .............................20 3.3.3 ADVERTISE FOR APPLICANTS ................................ .............................20 3.3.4 QUALIFICATIONS... ................................................... ,.,..........................20 3.3.5 PUBLIC MEETING ...................................................... .............................20 3.4 GENERAL POWERS OF THE COUNCIL ............................ .............................21 3.5 ADMINISTERING OATHS: SUBPOENAS ..,,.. ..................... .,.,..............,.....,....21 3.6 LIMITATIONS ....................................................................... .............................22 3.7 METHOD OF ACTION BY COUNCIL ................................. .............................22 3.8 ORDINANCES ....................................................................... .............................22 3.9 ACCEPTANCE OF GRANTS OR DEEDS ....................... ..... ............................ 22 ii 3. 10 LEGISLATIVE ACTION PROGRAM .................................. .............................22 3.11 AMICUS CURIAE PARTICIPATION ................................... .............................23 CHAPTER FOUR THEBROWN ACT ........................................................................... .............................24 4.1 APPLICABILITY AND PENALTIES .................................... .............................24 4.2 MAJOR PIZOVISIONS .................. .................................... .............................24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS ................................................................ .............................24 4.2.3 AGENDAS ......................................................,.......... .............................24 4.2.4 ACTIONS ................................................................... .............................24 4.2.5 PUBLIC INPUT .......................................................... .............................25 4.2.6 PUBLIC DISRUPTIONS ............................................. .............................25 4.2.7 CORRESPONDENCE ................................................ .............................25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...........................25 4.3 SPECIAL MEETINGS .... ....................................................... .............................26 4.4 EMERGENCY MEETINGS .................................................... .............................26 4.5 ELECTRONIC MAIL EMAIL THE PUBLIC RECORDS ACT ANDTHE BROWN ACT ........................................................ .............................26 4.6 OTHER PROVISIONS .......... :.......................................................... CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT .................. .............................27 5.1 INTENT .................................................................................... .............................27 5.2 GUIDELINES FOR COUNCIL MEMBERS .......................... .............................27 5.2.1 REQUESTS FOR INFORMATION ........................... .............................27 5.2.2 DIRECTION TO STAFF ............................................ .............................27 5.3 GUIDELINES FOR STAFF .................................................. .............................27 5.3.1 TIMELY RESPONSE ................................................. .............................28 5.3.2 DIRECTION FROM COUNCIL ................................ .............................28 5.3.3 STAFF SUPPORT TO INDWIDUAL COUNCIL MEMBERS ......,.....28 5.3.4 INFORMATION DISTRIBUTION ........................... .............................28 5.3.5 SIGNIFICANT INFORMATION ............................. .............................28 ill 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS, -29 5.4.1 TELEPHONES .......................................................... .............................29 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....29 5.4.3 SECURITY ................................................................ .............................29 5.4.4 INTERNET ACCESS ................................................ .............................30 5.4.5 ELECTRONIC MAIL ( EMAIL) ................................ .............................30 5.4.6 SUPPORT RESPONSIBILITIES .............................. .............................30 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ............ .............................30 CHAPTER SIX ADVISORY BODY PROCEDURES ................................................. ............................31. 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ....................31 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES .......................31 6.1.2 ROLE ......................................................................... .............................31 6.1.3 COMMUNICATION ................................................. .............................31 6.1.4 EDUCATION ............................................................ .............................31 6.1.5 APPOINTMENT AND RECOMMENDATION ...... .............................31 6.1.6 ATTENDANCE ......................................................... .............................31 6.2 COUNTY OR REGIONAL REPRESENTATION .............. .............................32 6.3 OTHER COUNCIL SUBCOMMITTEES ............................ .............................32 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ....... 32 6.4.1 INTENT .................................................................... .............................32 6.4.2 COUNCIL AGENDA REPORTS ............................ .............................32 6.4.3 COUNCIL MEETINGS ............................................ .............................32 6.4.4 RECOMMENDATIONS .......................................... .............................33 6.5 ROLE OF CITY STAFF PERSONS ................................... .............................33 6.6 APPOINTMENT PROCEDURES ....................................... .............................33 6.6.1 PURPOSE .................... ............................... .......... .............................33 6.7 PROCESS .......................................................................... .............................34 6.7.1 QUALIFICATIONS ................................................. .............................34 6.7.2 TERMS ---------- - ------------- . - - - -- 2n 6.7.3 PROCESS ........... ...................................................... .............................35 iv COUNCIL POLICIES AND PROCEDURES FOREWORD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor -City Manager form of government. The last charter revision occurred on November 4, 2008. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2008 Page 1 CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:0+0 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2008 Page 2 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty -four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBER 1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non- profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any Council Policies & Procedures Manual 2008 Page 3 non -City organizations during non - business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and /or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. f. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well- being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney Council Policies & Procedures Manual 2008 Page 4 and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk. 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN TTF1Vi ON THE AGENDA (ADVISORY BODIES) - -- Reconuiiendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four -fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during Council Policies & Procedures Manual 2008 Page 5 1.3 that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Appointments 1.2.5.6 Public Comment 1.2.5.7 Consent Agenda 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public. MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2008 Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of Council Policies & Procedures Manual 2008 Page 7 staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Discourage side conversations, disruptions, interruptions or delaying efforts. Council Policies & Procedures Manual 2008 Page 8 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item. Council Policies & Procedures Manual 2008 Page 9 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification. 1.3.6.6 A roll call (voice) vote may be taken at the discretion of the Presiding Officer. 1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated. 1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting. Council Policies & Procedures Manual 2008 Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff iiiay be asked to follow -up on such items. 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1 Submit speaker slips to the City Clerk. 1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 1.3.7.4.3 Address the Council from the podium after giving their name Council Policies & Procedures Manual 2008 Page 11 and address, and /or the name and address of the applicant /appellant they are representing. If the applicant /appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest Council Policies & Procedures Manual 2008 Page 12 received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. 1.3.9.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circunistauces are found to exist. Formal action or approval on non - agendized items is not allowed, and such ail item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four -fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. 1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially Council Policies & Procedures Manual 2008 Page 13 recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. Council Policies & Procedures Manual 2008 Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT MEDICAL DENTAL VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to City - funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and Council Policies & Procedures Manual 2008 Page 15 legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Ouarterty Expense Allowance: Council Member $300 Mayor $450 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: uarterly Mileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available Council Policies & Procedures Manual 2008 Page 16 for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and /or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. 2.5.4 iiviv O"icAi�i u Al If the Mayor or a Council Member receives an honorarium as a result of his /her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel - related issue not specifically governed in these Policies and Procedures shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five - member review committee shall be appointed no later than the last City Council meeting in January in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council no later than the first City Council meeting in May. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, Council Policies & Procedures Manual 2008 Page 17 benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and /or Mayor. Council Policies & Procedures Manual 2008 Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority to the City Manager in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow innnrnnratinn inin +l,o 0--1 --I i ++L-. (lryL..,..4,... f.' Anln uavvirvi uivii uiiv Liao \_ "L411%wll o U1-SC LL111g t AX33. �k ,luu RN Z3 -ru / ) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 407) 3.1.3 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICE MAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council Members, appoint a replacement member to the Council within 30 days of the occurrence of Council Policies & Procedures Manual 2008 Page 19 the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (15 0) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. Council Policies & Procedures Manual 2008 Page 20 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting, each applicant wishing to serve should be present to verify that he /she would be willing to serve if appointed, and that he /she is a resident of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 2 2 G 7 7f r` , ;1 , ,1,10 1. +t, + �+ � a 42 �1- - J.J. ✓. i 11 Council is unable LV rea.Cll 1Jo11sCliSuJ On 'IIC a- p— P0111L111G11L arm IUl L11G1 consideration is required, Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision. 3.4 GENERAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in the Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for the Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) Council Policies & Procedures Manual 2008 Page 21 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City advisory body, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the City Manager to set a public hearing on an ordinance. No ordinance, resolution or other motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote City goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond Council Policies & Procedures Manual 2008 Page 22 promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and /or resolutions or recommendations of the League of California Cities. 3.11 AMICUS CURIAE PARTICIPAI'ICIN The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2008 Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more members) is present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: Council Policies & Procedures Manual 2008 Page 24 4.2.4.1 An emergency situation exists (determined by a majority of the Council), 4.2.4.2 The need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote). 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2_6 PTTIRT,IC 111CR1JPT1rnNC The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and /or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation. The litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) Council Policies & Procedures Manual 2008 Page 25 4.2.8.3 Compensation (salaries and benefits) of employees. To review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and /or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL EMAIL THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council has the latest information. Additional information may be obtained from the City Attorney and/or the City Clerk. Council Policies & Procedures Manual 2008 Page 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The C niinril .chnll rernani7P that the primary fiinrtinnc of etnff nra to Pvarnta Cann ,-;l nnliry and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, schedules, or departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2008 Page 27 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the City Manager will provide copies of the material to all other Council Members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service- related needs, or policy positions perceived as necessary by individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a Council Policies & Procedures Manual 2008 Page 28 regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with °direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The Citv will provide each Council Member with a rmmnlete r.mmnutar uunrl;gtatinn and related City - standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: The City information systems exist solely for the purpose of conducting City business, not intended for personal use. All data (including electronic mail messages) is owned by the City and subject to public disclosure. All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. Council Policies & Procedures Manual 2008 Page 29 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal policies, procedures, and guidelines. Council Policies & Procedures Manual 2008 Page 30 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the filll Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. 6.1.2 ROLF Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.3 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.4 EDUCATION Increase the Council's familiarity with the membership, programs, and issues of the advisory body. 6.1.5 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.6 ATTENDANCE From time to time, attend advisory body meetings for observation purposes only. Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. Council Policies & Procedures Manual 2008 Page 31 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and /or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and /or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the City Manager recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction; then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. Council Policies & Procedures Manual 2008 Page 32 6.4.3.2 [ether members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. 6.5 &OLE OF C:TTV STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and Council. The members are responsible for the functions of the advisory body and the Chairperson i.c r -c nneihle fnr 1; ., tt al i._: ,• , , r t - •- -� -•-- e ^viiicul�,G wiul the Policies oudineQ In the Advisory Body Handbook. Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person or designee serves as Secretary, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing_ of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. Council Policies & Procedures Manual 2008 Page 33 6.7 PROCESS 6.7.1 QUALIFICATIONS 6.7.1.1 With the following exceptions, only residents who are registered voters within the City limits are eligible to apply to an advisory body. Exceptions include the Tourism Business Improvement District ( TBIDD) Board, one representative from the TBID Board serving on the Promotional Coordinating Committee, the Cal Poly employee and student representatives serving on the MTC, and members of the Housing Authority. In addition, part- or full -time City officials and management employees are not eligible to apply. 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. 6.7.1.3 No member of the Council may be appointed to any office created by or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409) 6.7.2 TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Housing Authority, Jack House Committee and Constnrction Board of Appeals, which do not have term limits. 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. Council Policies & Procedures Manual 2008 Page 34 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purposes committee at the same time he or she is serving on a non - technical or non - special - purpose committee. Except as noted, a member will be expected to resign from one body upon being appointed to another. 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. 6.7.3.2 In December of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.4. The City Clerk shall post /publish advertisements and take other recruitment steps in accordance with statutory requirements and as appropriate, inviting citizens to apply for vacant positions and provide instructions regarding the application process. 6.7.3.5 Applicants will be encouraged to read the Advisory Body Handbook and attend at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. I Technical and special purpose committees are formed to address defined subjects and frequently require members with specific areas of expertise. Council Policies & Procedures Manual 2008 Page 35 6.7.3.8 Applicants not appointed will be so advised and their applications held for consideration in the event of a future vacancy for no less than one year. Should a vacancy occur on the committee to which they applied, the City Clerk's office will contact qualified applicants to determine whether they want to be reconsidered for the vacancy. However, advertisement of the vacancy must be made in accordance with statutory requirements and all applicants will be considered for the vacancy. Council Policies & Procedures Manual 2008 Page 36 Page 1 of 1 O'Connor, Julie From: O'Connor, Julie Sent: Thursday, January 11, 2007 10:54 AM To: Council ALL Cc: Department Heads Subject: Council Policies and Procedures Attached is the latest version of the Council Policies and Procedures. Please note, the only change to this version is an amendment (Chapter 2 Council Compensation, Section 2.1, Salaries for Mayor and Council Members) reflecting the new salaries for Mayor and Council Members effective January 1, 2007. If you would like a hard copy of this document please let me know and I will provide it for you. Thanks, Julie 1/11/2007 City of san lugs oBispo COUNCIL POLICIES AND PROCEDURES Adopted by the City Council April 20, 2004, Resolution No. 9554 Updated by the City Council May 2, 2006, Resolution No. 9794 FORE WARD San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the authority of a general law city is derived only from the powers granted to it by the general laws adopted by the State Legislature pertaining to the organization and operation of a municipality, and from the police power granted to it by the State Constitution. On the other hand, a charter city's power is not defined or limited by the State's general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the limitations of the State Constitution. As a result, charter cities usually have more operational latitude than do the more prevalent general law cities. A charter serves as the city's "constitution" and may only be amended by a vote of the people. San Luis Obispo's Charter was first adopted on May 1, 1876 and has been amended by popular vote on several occasions subsequently. In 1955, the Charter was amended to approve a Council - Mayor- Administrative Officer form of government. The last charter revision occurred on November 5, 1996. The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the City Charter. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 1 COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS CHAPTER ONE MEETING GUIDELINES & PROCEDURES ................................ ............................... 2 1.1 MEETING SCHEDULE ........................................................... ............................... 2 1.1.1 MEETINGS OF COUNCIL .......................................... ............................... 2 1.1.2 REGULAR MEETINGS ............................................... ............................... 2 1.1.3 STUDY SESSIONS ...................................................... ............................... 2 1. 1.4 SPECIAL MEETINGS .................................................. ............................... 3 1.1.5 USE OF COUNCIL CHAMBERS ................................ ............................... 3 1.2 AGENDA .................................................................................. ............................... 4 1.2.1 ESTABLISHING THE COUNCIL AGENDA .............. ............................... 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) .......... 5 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ........... 5 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) ....................... 5 1.2.5 EMERGENCY ITEMS ................................................. ............................... 5 1.2.6 RECONSIDERATION ................................................. ............................... 5 1.2.7 ORDER OF BUSINESS ............................................... ............................... 6 1.2.8 NOTIFICATION AND ADVERTISING ...................... ............................... 6 1.3 MEETING PROCEDURES ...................................................... ............................... 6 1.3.1 PRESIDING OFFICER ................................................ ............................... 6 1.3.2 QUORUM .................................................................... ............................... 7 1.3.3 DISCUSSION RULES ................................................. ............................... 7 1.3.4 PARLIAMENTARY PROCEDURE ........................... ............................... 8 1.3.5 PROTOCOL ..................................... ................ ., ......................................... 8 1.3.6 VOTING PROCEDURES ............................................ ............................... 9 1.17 PUBLIC COMMENT ................................................ ............................... 10 1.3.8 CONSENT AGENDA ................................................. ............................... 12 1.19 COMMUNICATIONS ................................................. .............................13 1.3. 10 CLOSED SESSIONS ................................................ ............................... 13 1.4 MEETING COVERAGE ..................................................... ............................... 13 CHAPTER TWO COUNCILCOMPENSATION... .. ............ ............................................................. 15 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS .... ............................... 15 2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE....... 15 2.3 PROFESSIONAL DEVELOPMENT ..................................... ............................... 15 2.3.1 PROFESSIONAL DEVELOPMENT ......................... ............................... 15 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE ............................ 15 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS ............................. 16 2.3.4 START -UP ALLOWANCE ........................................ ............................... 16 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ... ............................... 16 2.4.1 CITY BUSINESS ..................................................... ............................... 16 2.4.2 MILEAGE ................................................................ .............................17 2.5 GENERAL PROCEDURES AND LIMITATIONS ............... ............................... 17 2.5.1 ACCOUNTING ....................................................... ............................... 2.5.2 REIMBURSEMENT LIMITATION...... .................... ............................... 17 2.5.3 SPECIAL EXPENSES ............................................... ............................... 17 2.5.4 HONORARIUM ........................................................ .............................18 2.5.5 OTHER GUIDELINES .............................................. ............................... 18 2.6 COUNCIL COMPENSATION COMMITTEE ...................... ............................... 18 2.6.1 MEMBERSHIP .......................................................... .............................18 2.6.2 REVIEW RESPONSIBILITY ..................................... ............................... 18 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS ................................. ............................... 19 3.1 MAYOR - POWERS AND DUTIES ..................................... ............................... 19 3.2 APPOINTMENT OF VICE..- MAYOR ................................... ............................... 19 3.3 FILLING COUNCIL VACANCIES ...................................... ............................... 20 3.3.1 APPOINTMENT OR SPECIAL ELECTION ............. ............................... 20 3.3.2 PUBLIC APPOINTMENT .......................................... ............................... 20 3.3.3 ADVERTISE FOR APPLICANTS ............................. ............................... 20 3.3.4 QUALIFICATIONS ................................................... ............................... 20 3.3.5 PUBLIC MEETING ................................................... ............................... 21 3.4 GENERAL POWERS OF THE COUNCIL .......................... ............................... 21 3.5 ADMINISTERING OATHS: SUBPOENAS.......... .............. ......................,........ 22 3.6 LIMITATIONS ...................................................................... .............................22 3.7 METHOD OF ACTION BY COUNCIL ............................... ............................... 22 3.8 ORDINANCES ..................................................................... .............................22 3.9 ACCEPTANCE OF GRANTS OR DEEDS ........................ ............................... 23 I 3. 10 LEGISLATIVE ACTION PROGRAM ................................ ............................... 23 3.11 AMICUS CURIAE PARTICIPATION, ............................................... ........... 23 CHAPTER FOUR THEBROWN ACT ...................................................... ............................... 24 4.1 APPLICABILITY AND PENALTIES .................................. ............................... 24 4.2 MAJOR PROVISIONS ........................................................ ............................... 24 4.2.1 APPLICABILITY ....................................................... .............................24 4.2.2 MEETINGS .............................................................. ............................... 24 4.2.3 AGENDAS ............................................................... ............................... 24 4.2.4 ACTIONS ............................. ............................... ..... .............................25 4.2.5 PUBLIC INPUT ....................................................... ............................... 25 4.2.6 PUBLIC DISRUPTIONS ......................................... ............................... 25 4.2.7 CORRESPONDENCE ............................................... .............................25 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS .......................... 25 4.3 SPECIAL MEETINGS .......................................................... ............................... 26 4.4 EMERGENCY MEETINGS ................................................. ............................... 26 4.5 ELECTRONIC MAIL (E MAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT ..................................................... ............................... 26 4.6 OTHER PROVISIONS ......................................................... ............................... 26 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS & CONDUCT ................ ............................... 28 5.1 INTENT. . ............. - ............................... ...... ............................ ........................ 28 5.2 GUIDELINES FOR COUNCIL MEMBERS...... ..... .......... ............................... 28 5.2.1 REQUESTS FOR INFORMATION ........................ ............................... 28 5.2.2 DIRECTION TO STAFF ......................................... ............................... 28 5.3 GUIDELINES FOR STAFF ................................................ ............................... 28 5.3.1 TIMELY RESPONSE .............................................. ............................... 29 5.3.2 DIRECTION FROM COUNCIL .............................. ............................... 29 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ........... 29 5.3.4 INFORMATION DISTRIBUTION ........................ ............................... 29 5.3.5 SIGNIFICANT INFORMATION .......................... ............................... 29 5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS... 30 a 5.4.1 TELEPHONES .................. .................................................................. ...30 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY..... 30 5.4.3 SECURITY ............................................................. ............................... 31 5.4.4 INTERNET ACCESS ............................................. ............................... 31 5.4.5 ELECTRONIC MAIL (E MAIL) ............................ ............................... 31 5.4.6 SUPPORT RESPONSIBILITIES ............................ ............................... 31 5.4.7 COUNCIL MEMBER RESPONSIBILITIES ......... ............................... 31 CHAPTER SIX ADVISORYBODY PROCEDURES ............................................. ...............••.............. 32 6.1 _ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ................... 32 6. 1.1 COMMUNICATION .............................................. ............................... 32 6.1.2 EDUCATION ............................................................ .............................32 6.1.3 APPOINTMENT RECOMMENDATION ............. ............................... 32 6.1.4 ATTENDANCE ...................................................... ............................... 32 6.2 COUNTY OR REGIONAL REPRESENTATION ............ ............................... 32 6.3 OTHER COUNCIL SUBCOMMITTEES ........................ ............................... 33 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ...... 33 6.1.1 INTENT ............................................................. ............................... . . ... 33 6.4.2 COUNCIL AGENDA REPORTS .......................... ..........._................. - 33 6.4.3 COUNCIL MEETINGS ......................................... ............................... 33 6.4.4 RECOMMENDATIONS ....................................... ............................... 33 6.5 ROLE OF CITY STAFF PERSONS ................................ ............................... 34 6.6 APPOINTMENT PROCEDURES .................... ............................... ........... 34 6.6.1 PURPOSE .............................................................. ....................._......... 34 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS ........... ............................... 34 6.7 PROCESS ......................................................................... .............................35 6.7.1 QUALIFICATIONS ............................................... ............................... 35 6.7.2 TERMS .................................................................. ............................... 35 6.7.3 PROCESS .............................................................. ............................... 36 IV CHAPTER ONE MEETING GUIDELINES & PROCEDURES 1.1 MEETING SCHEDULE 1.1.1 MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency. Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502) 1.1.2 REGULAR MEETINGS 1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month beginning at 7:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. (Ord. 677) 1.1.2.2 Regular meetings shall be held in the Council Chambers, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) 1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose;of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Study Sessions may be conducted in a variety of formats, including Public Workshops. 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 2 1.1.4 1.1.3.3 Participation of the public shall be at the discretion of the Presiding Officer, upon consensus of the Council. SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council. (GC § 54956) Written notice of each special meeting must be given not less than twenty -four (24) hours before such meeting to each member of the City Council not joining the call. (Ord. 959) 1.1.4.2 Written notice must be given to the City Council (unless dispensed with or waived pursuant to State law) and to the media twenty four hours prior to each meeting. (GC § 54956) 1.1.4.3 A supplemental telephone call shall be made if necessary to notify each Council Member. 1.1.4.4 No business other than that announced shall be discussed. 1.1.4.5 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. 1.1.5 USE OF COUNCIL CHAMBERS 1.1.5.1 The City Administrative Officer (CAO), or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. 1.1.5.2 When a question arises regarding permission for any group to use the facility, the CAO shall have authority to make the final decision. The following rules are established as a guide: a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. b. Favorable consideration shall be given to other governmental agencies and non- profit groups during regular business hours only, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non - profit groups for use of the Community Room at the City /County Library. No events of a commercial nature shall be allowed. The Council Chambers will not be available for use by any non -City organizations during non - business hours, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 3 With the approval of the CAO, other local governmental agencies may use the Council Chamber for the purpose of live or video cablecasting public hearings and/or public meetings during regular or non - business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City /County Library, in addition to the cost for services provided by the City for cablecasting operations. d. No admission shall be charged. No events featuring the service of food or drink shall be allowed. e. Regularly scheduled meetings by other agencies and groups shall be discouraged. Meetings being held to advocate the election or re- election of a particular candidate for political office shall not be allowed. However, the Council Chamber may be used for a Candidate Forum where the public and all candidates for a particular public office have been invited. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the CAO to inform and advise the Council of matters necessary to the proper operation and well -being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.8). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the CAO and department heads held on the morning of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the CAO, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the CAO, City Attorney and City Clerk. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 4 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City's approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the CAO or his designee. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four - fifths vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION Resubmittal of issues previously acted upon is discouraged, however, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered provided it is presented by a Council Member who voted with the prevailing side at the Council meeting where the original vote was taken, or at the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 5 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.5.1 Call to Order 1.2.5.2 Pledge of Allegiance 1.2.5.3 Roll Call 1.2.5.4 Presentations 1.2.5.5 Public Comment 1.2.5.6 Consent Agenda 1.2.5.7 Appointments 1.2.5.8 Public Hearings 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2.8 NOTIFICATION AND ADVERTISING The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be reviewed by the City Clerk and will be available to interested members of the public. 1.3 MEETING PROCEDURES 1.3.1 PRESIDING OFFICER 1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407) 1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will sere as Presiding Officer. 1.3.1.3 Seating arrangement of the Council: 1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor. 1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 6 1.3.1.4 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Administrative Officer has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used. L3.2 QL�r vLi A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503) 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A member of the City Councilor staff shall first address the Presiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1.3.3.1.3 Cross - exchange between Council Members and public should be avoided. 1.3.3.2 Questions to Staff: A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. 1.3.3.3 In terrupti on s: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 7 1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision - making process. 1.3.3.5 Tabling Procedure: Immediately stop discussion and vote. 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. (Charter § 504) 1.3.3.8 Council Minutes: If a Council Member wishes a stated opinion to be entered in the minutes, he /she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement. 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). The following summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 8 1.3.6 1.3.5.1.2 Side conversations, disruptions, interruptions or delaying efforts are discouraged. 1.3.5.1.3 Inform the Presiding Officer when departing from a meeting. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, reg1est the removal of crir'h nersonk) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his designee shall act as the Sergeant -at -Arms. 1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and majority vote, the Presiding Officer shall be required to do so. VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505) 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 9 1.3.6.4 A vote may be changed by a Council Member only immediately after the vote announcement by the City Clerk and prior to the introduction of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion, if required for Council or public clarification. 1.3.6.6 Voice vote may be taken at the discretion of the Chair. 1.3.6.7 General consent vote may be taken at the discretion of the Chair, if there are no negative votes or objections by Council Members. 1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.9 The ayes And noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505) 1.3.6.10 Following the vote the City Clerk shall announce whether the questions have been carried or defeated. 1.3.6.11 Tie votes: Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so. 1.3.7 PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record. (GC § 54957.5) The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff, report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every meeting. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 10 The following are guidelines for providing oral public comments: 1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed .,, Vli tlA �"Anrl� Ctoff y h e to fnmm min nn such items. Ll lV Kma' e k ll—r 1.3.7.3 Individuals desiring to speak shall: 1.3.7.3.1 Submit speaker slips to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. 1.3.7.3.4 Limit comment to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. 1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the Municipal Code (2.64.020) and shall preface their comments by identifying themselves as municipal advocates (2.64.050 & 2.64.070). 1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall: 1.3.7.4.1.1 Submit speaker slips to the City Clerk. 1.3.7.4.1.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 11 1.3.7.4.1.3 Address the Council from the podium after giving their name and address, and/or the name and address of the applicant/appellant they are representing. If the applicant/appellant's representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above. 1.3.7.5 After the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. 1.3.8 CONSENT AGENDA The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting, therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda. 1.3.8.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible). 1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion. 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 12 1.3.9 COMMUNICATIONS 1.3.9.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items. - 1.3.9.2 if possible, written material cnnne(rti-d with a tnartit-nInr rnmmmlirntinn item should be provided to the CAO sufficiently in advance of the meeting to be distributed with the regular agenda materials. 1.3.9.3 State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non- agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. 1.3.9.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes. 1.3.10 CLOSED SESSIONS (closed to the public) 1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act. 1.3.10.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four - fifths vote of the Council, or as otherwise required by law. 1.4 MEETING COVERAGE The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. 1.4.1 Coverage of City Council meetings shall be gavel -to- gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 13 1.4.2 All City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. 1.4.3. Cameras used for the gavel -to -gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City. 1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. 1.4.5 "Reaction" shots will not be permitted. 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. 1.4.7 Tips on the Dais. 1. Avoid saying things near a microphone you do not wish heard. 2. Ask all speakers to come forward to the podium. Speakers shall direct their comments to the Council, not the audience. Discourage people from speaking from the audience. 3. Certain colors of clothing present difficulties to the television system, and thus can be distracting to viewers at home. White causes glare and makes the picture around it appear dark, with loss of detail. Bright red and orange reproduce poorly on television and can also cause glare problems. Clothing with fine patterns, such as stripes and grids, can cause a rainbow effect in the picture that is extremely distracting. Shiny objects that reflect light should be avoided. Good colors for television include blues, greens, browns, grays, and most pastels. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 14 CHAPTER TWO COUNCIL COMPENSATION Council compensation and benefits are established every other year by Council action after the Council Compensation Committee conducts a biennial review and makes a recommendation. See Section 6 of this Chapter. 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS Effective January 1, 2007, compensation for services rendered in an official capacity shall be provided as follows: Members of the City Council shall receive $1,000 per month; and the Mayor shall receive a monthly salary of $1,200. (Res. 9794, 2006 series). 2.2 RETIREMENT, MEDICAL. DENTAL, VISION AND LIFE INSURANCE The Mayor and Council Members shall be entitled to city- funded participation in P.E.R.S. retirement. The City shall contribute an amount equivalent to that received by City department heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council Members in cash. 2.3 PROFESSIONAL DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 2.3.1 PROFESSIONAL DEVELOPMENT For costs of professional development and educational conferences designed to improve understanding of and proficiency in municipal affairs. Said allowance shall be used for out -of- county expenses only and shall be reimbursed in accordance with accepted City Travel Guidelines: Annual Allowance: Council Member $1500 Mayor $1800 2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE For the cost of participating in the Annual Conference of the League of California Cities. The City shall also reimburse the following costs for spousal participation, which is encouraged: Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 15 Double room instead of a single room. Spousal registration fees to attend Conference seminars (this does not include reimbursement for recreational activities that may be offered by the League during meeting activities). Travel expenses only if a bus, train, or plane must be used rather than a city vehicle. If the public official uses his /her personal vehicle, travel reimbursement shall be provided only the employee. Meals that spouses are expected to attend as part of directly- related Conference activities will be reimbursed at the same per diem as the public official. 2.3.3 CHANNEL COUNTIES DIVISION MEETINGS When the spouse of an official or employee is expected to attend a quarterly meeting of the Channel Counties Division of the League, the meal expense will be paid by the City with the authorization of the City Administrative Officer. 2.3.4 START -UP ALLOWANCE An additional professional development allowance up to $1,000 shall be budgeted to each new Mayor and Council Member to help accelerate his/her comprehension of municipal and legislative operations during the first 12 months following the taking of office. 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in- county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance: Council Member $300 Mayor $450 Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 16 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Quarterly ileage Allowance: Council Member $300 Mayor $450 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure that expenditures and reimbursements are in compliance with approved budget allocations. The Mayor and each Council Member is expected to plan business activities so as to stay within his/her budget. When exceptional circumstances require that additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of each Council Member with all expenditures charged to the individual Council Member or Mayor. If any account is depleted prior to the end of the fiscal year, additional allocations shall require a specific action of the City Council. Claims for reimbursement as specified in Section 4, above, may be submitted monthly but the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year. The Council budget shall be available for review in the City Clerk's Office and the Mayor and Council Members shall receive periodic statements. 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. These guidelines include all non -local official meals, tuition or fees, transportation to meeting sites, materials and telephone usage. 2.5.3 SPECIAL EXPENSES For occasions when the Mayor and/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from an unallocated Travel Expense Account. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 17 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his /her participation in a meeting or conference, the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the Council Member's attendance at such meeting or conference. 2.5.5 OTHER GUIDELINES Any other travel - related issue not specifically governed in this resolution shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines. 2.6 COUNCIL COMPENSATION COMMITTEE A five- member review committee shall be appointed by January 31, in even - numbered years and shall bring its proposed recommendations in resolution form to the City Council within 90 days, or no later than May 1st. 2.6.1 MEMBERSHIP The committee membership shall have as broad a representation as possible, including but not limited to, one previously elected official, one Personnel Board member, and one citizen -at- large. 2.6.2 REVIEW RESPONSIBILITY The committee shall review the full Council compensation package including salary, benefits, expense reimbursement, professional development allowances and any other compensation provided the City Council. Review should include, but shall not be limited to: 1) compensation of Council and Mayors of cities of similar population /budget size; 2) compensation practices of both Charter and General Law cities; 3) Government Code provisions for General Law cities; and 4) Council and Mayor responsibilities in San Luis Obispo at the time of the committee's review; and, 5) any structural changes that may have occurred in municipal government either as a result of State legislation or by actions of the local electorate that may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 18 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR - POWER AND DUTIES 3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. The Mayor shall be entitled to, and must vote when present, but shall possess no veto r•n \lIPY A o nrs oirlina nffir -ar of the ('nllnoil the. Vlan nn 1vr will faithfid1v mmunicate the will of the Council majority to the Administrative Officer in matters of policy. (Charter § 407) 3.1.2 The Mayor shall present an annual work program to the Council for its consideration at the first meeting in May. The Mayor shall have the responsibility for forwarding the work program approved by the Council. The Mayor should submit the annual work program at the beginning of the budget process to allow incorporation into the Council goal- setting process. (Charter § 407) The Mayor shall be recognized as the official head of the City for all ceremonial purposes, and by the Governor for military purposes. In time of public danger or calamity, the Mayor shall take command of the public forces, maintain order, and enforce laws. (Charter § 406) 3.1.4 The Mayor may order flags flown on City property to be lowered to half -staff in mourning for any member of the community designated to have made significant contributions to the City of San Luis Obispo, in accordance with recognized customs or practices not inconsistent with State and Federal law. 3.1.5 The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance or by resolution of the Council, except as limited by this Charter. (Charter § 407) 3.2 APPOINTMENT OF VICI 1rv1EAYOR The appointment of the Vice Mayor shall be for a one -year term and is made on a rotational basis, the appointment going to the next senior member. The Vice Mayor shall be appointed at the first meeting in December. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 19 3.3 FILLING COUNCIL VACANCIES 3.3.1 APPOINTMENT OR SPECIAL ELECTION Per City Charter Section 406, the Council shall by a majority vote of the remaining Council members, appoint a replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred and fifty (150) days following the occurrence of the vacancy. 3.3.2 PUBLIC APPOINTMENT In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. 3.3.3 ADVERTISE FOR APPLICANTS At least ten days before Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, requesting applications from those persons interested in being appointed. 3.3.4 QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to appointment, and (2) elector status at the time of appointment (City Charter § 403), each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: 3.3.4.1 The amount of time available each week to devote to the Council. 3.3.4.2 Reasons for wanting to be appointed. 3.3.4.3 Involvement in community affairs and organizations, especially in the preceding 23 -month period. 3.3.4.4 Personal qualifications for the position. 3.3.4.5 Prior experience in government, or areas associated with or doing business with government. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 20 3.3.5 PUBLIC MEETING 3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 3.3.5.2 The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3.3.5.3 Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. 3.3.5.4 At the meeting each applicant wishing to serve should be present to verify that they would be willing to serve if appointed, and that they are residents of the City. Each candidate will be given five minutes to make a presentation to Council. 3.3.5.5 Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting, shall be done audibly in public. 3.3.5.7 if no person is appointed, the Council may adjourn the meeting from time to time to attempt to reach a decision at any time within 30 days of the occurrence of the vacancy. 3.4 GENERAL POWERS OF THE COUNCIL Subject to the provisions and restrictions contained in this Charter and the delegation of power, if any, to any person, officer, Board, or Commission, the Council shall have the power in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California, or which now or hereafter would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 21 3.5 ADMINISTERING OATHS: SUBPOENAS Each member of the Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the Council. The Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the State. (Charter § 507) 3.6 LIMITATIONS No member of the Council shall be appointed to or serve as a voting member of any City Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a combination of both. This is not to be construed as prohibiting members of the Council from serving on Committees or Subcommittees of the Council itself, or of agencies representing other levels of government. (Charter § 508) 3.7 METHOD OF ACTION BY COUNCIL All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly made and passed. Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to possible criminal action against an offender shall be in the form of ordinances. Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council. (Charter § 601) 3.8 ORDINANCES The consideration and adoption of ordinances shall be in accordance with the Charter and relevant state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if the subject matter is controversial or of a special nature. Any Council Member, prior to the time required for notice and publication, may request the CAO to set a public hearing on an ordinance. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 22 3.9 ACCEPTANCE OF GRANTS OR DEEDS The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recording of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 3.10 LEGISLATIVE ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local government, promote Citv goals, and defend the City against legislative actions by state and federal governments that would weaken local government or take away traditional revenue sources. In order to respond promptly and proactively to fast -paced legislative changes, the City Council has authorized City staff to take positions on legislation provided the positions are consistent with the Legislative Action Priorities established annually by the City Council, and/or resolutions or recommendations of the League of California Cities. (Resolution No. 8912) 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. (Resolution No. 8443) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 23 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR P11OVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more) members are present and information about the business of the body is received; discussions qualify for a meeting. 4.2.2.2 Serial meetings take place when any member of Council or City staff contact more than two Council Members for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC § 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 24 4.2.4 ACTIONS No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists, (determined by a majority of the Council.) 4.2.4.2 That the need to take action came to the attention of the City subsequent to the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council; or if less than 2/3 are present, by unanimous vote.) 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days of the original agenda. (GC § 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GC § 54954.3) 4.2.6 PUBLIC DISRUPTIONS The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting "unfeasible "; the press may remain unless they participate in the disruption. (GC § 54957.9) 4.2.7 CORRESPONDENCE All writings received and/or distributed for discussion or consideration at a public meeting are public records. (GC § 54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC § 54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation; the litigation or title must be identified in open session Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 25 prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC § 54956.9) 4.2.8.3 Compensation (salaries and benefits) of employees; to review its position and instruct designated representatives. (GC § 54957.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. (GC § 549576) 4.3 SPECIAL MEETINGS Special Meetings may be called by the Mayor or a majority of the Council, with strict notification requirements delivered to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the public health and/or safety qualify for emergency meetings. (GC § 54956.5.) 4.5 ELECTRONIC MAIL EMAIL THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of "official city business" than any other written correspondence, and there is no expectation of privacy for city email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. For further detail, please see the City's "Electronic Mail Policy" and Chapter 5 of this manual. City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." 4.6 OTHER PROVISIONS The Brown Act provides for many other restrictions and requirements; this chapter is intended Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 26 merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the provisions of the Brown Act. Since State law constantly changes, it is important to ensure you have the latest information. Please check with the City Attorney and/or the City Clerk for more information. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 27 CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that governing shall be by will of the collective Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council, and to keep the Council informed. 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the CAO. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the CAO. Individual members of the Council shall make no attempt to pressure or influence staff decisions, recommendations, workloads, and schedules, and departmental priorities without the prior knowledge and approval of the Council as a whole. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The CAO and staff are committed to treating each Council Member equally. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 28 5.3.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Administrative Officer the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assiLinments; the request should only impose a "one- time" work requirement, as opposed to an on -going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1 -2 hours). 5.3.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Administrative Officer, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material that may be of interest to other Council Members, the CAO will provide copies of the material to all other Council Members. In making this judgment, the CAO will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 5.3.5 SIGNIFICANT INFORMATION Any information, service - related needs, or policy positions perceived as necessary by Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 29 individual Council Members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. 5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY SYSTEMS 5.4.1 TELEPHONES The City will provide each Council Member with direct access to the City's telephone system from their homes. Information Technology (IT) staff will coordinate installation of a telephone line and a telephone with voice mail and fax capability for Council Member use at home while in office. The City's Telephone Use Policy applies to Council Member use of these telephones. 5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a complete computer workstation and related City- standard software for their home use while in office. These computers and software will be upgraded or replaced pursuant to the City's computer replacement policy. Council Member access and use of the City's IT is subject to all City guidelines concerning the use of its information technology resources. The most important of these are: The City information systems exist solely for the purpose of conducting City business, not intended for personal use; All data (including electronic mail messages) is owned by the City and subject to public disclosure; All software and hardware installations should be made by IT staff. Except for screensavers, personal software is not allowed on City workstations; and all application software must be owned by the City and used in compliance with all software licensing agreements. All City information technology policies are included in the Information Technology Policies and Procedures Manual, which is available for Council Member review upon request. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 30 5.4.3 SECURITY Each Council Member shall have a uniquely assigned user name and password for security purposes. While this cannot guarantee privacy, confidentiality or data security, it is an important component of the City's overall system protection. Passwords should never be shared with others. 5.4.4 INTERNET ACCESS Council Members are authorized to use the City Internet connection, which includes electronic mail, for the purpose of conducting City business and communicating with the public. The City Internet Access and Use Policy is applicable to Council Members. 5.4.5 ELECTRONIC MAIL (EMAIL) Council Members will have access to the City electronic mail (Email) system that will allow Email communication internal to the City and with others via the Internet. Email correspondence sent and received by members of the City Council via the City website are public records and subject to disclosure. The City Electronic Mail Policy is applicable to Council Members. 5.4.6 SUPPORT RESPONSIBILITIES 5.4.6.1 IT staff is responsible for installing all remote access hardware and software, including computer workstations, printers, telephones and fax machines, and for removing them at the end of the Council Member's term of office. 5.4.6.2 Administration will coordinate training on standard City application software, technical support and service, and provide related office supplies. 5.4.7 COUNCIL MEMBER RESPONSIBILITIES Council Members are responsible for using City information technology resources in accordance with the City's normal polices, procedures, and guidelines. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 31 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS Annually, the Mayor shall appoint two members of the City Council to serve in a liaison capacity to each City advisory body (includes commissions, committee and boards). The subcommittee shall consist of the Chair and one Member. (See 6.6.2 for appointment procedures). Council liaisons do not serve as ex- officio members of the advisory bodies, but rather as a conduit to express the position of the Council and to gain a better understanding of the issues considered by the advisory body. 6.1.1 COMMUNICATION The purpose of the liaison assignment is to facilitate communication between the Council and advisory body. 6.1.2 EDUCATION Increase the Council's familiarity with the membership, programs and issues of the advisory body. 6.1.3 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council. 6.1.4 ATTENDANCE From time to time, attend commission meetings for observation purposes only. (ABH § II,C) Liaison members should be sensitive to the fact that they are not participating members of the advisory body, but are there rather to create a linkage between the City Council and advisory body. In interacting with advisory bodies, Council Members are to reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.2 COUNTY OR REGIONAL REPRESENTATION Annually, the Mayor shall make appointments to a variety of County and/or regional committees and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. (See 6.6.2 for appointment procedures). Voting Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 32 delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. 6.3 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 6.4.1 INTENT To honor advisory body deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory body members. 6.4.2 COUNCIL AGENDA REPORTS 6.4.2.1 Recommendation Differences. For those rare occasions when the CAO recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the CAO recommendation. The Discussion section contains information relating to the advisory body recommendation. 6.4.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 6.4.3 COUNCIL MEETINGS 6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or Vice Chair, when the Chair is not available) may be seated next to the department head. The department head makes the introduction, then the Chair of the advisory body makes a brief presentation, representing the position of the advisory body. 6.4.3.2 Other members of the advisory body are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a private citizen. (ABH § 11l,B.l.g) 6.4.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. (ABH § M,B.l.b). Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 33 6.5 ROLE OF CITY STAFF PERSONS Staff support and assistance may be provided or made available, but advisory bodies do not have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the CAO and Council. The members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. (ABH § II,D) Staff support includes preparation of a summary agenda after approval by the Chairperson, and preparation of agenda reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person serves as Secretary, taking minutes as needed. (ABH § II,D) It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review or City and State legislation is in compliance. (ABH § II,D) 6.6 APPOINTMENT PROCEDURES The following procedures shall be the policy of the City Council in regard to appointment of volunteer citizens to the various advisory bodies of the City. 6.6.1 PURPOSE The establishment of these procedures shall insure that well - qualified, responsible and willing citizens are given the opportunity to serve the City and participate in the governing of their community. These procedures will apply to all appointments and reappointments to standing advisory bodies. 6.6.2 COUNCIL SUBCOMMITTEE LIAISONS Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council, rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for each member to serve as liaison at least once on each advisory body, when possible. When terms of office do not allow each member to serve once, members with greatest seniority shall have first right of selection. (ABH § III,C.6) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 34 6.7 PROCESS 6.7.1 6.7.2 QUALIFICATIONS 6.7.1.1 The applicant must be a resident and registered voter of the City at the time and during the entire term of appointment, unless excepted by State law or special circumstances such as deed restrictions. (ABH § III,C) 6.7.1.2 The applicant must be at least 18 years of age at the time of appointment. (ABH § 111,C) 6.7.1.3 No member of the Council may be appointed to any office created or the compensation of which is increased by the Council, while a member thereof, until one year after the expiration of the term for which elected. (Charter §409). TERMS 6.7.2.1 The term of office for each appointee to an advisory body shall be from one year to a maximum of four years. The length of a term is dictated by the principle that no more than two terms on any committee shall expire each year. (ABH § III,D) 6.7.2.2 No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), but may subsequently serve on another advisory body unless noted otherwise. Some exceptions include: The Housing Authority, Jack House Committee and Tree Committee. (ABH § III,D) 6.7.2.3 After a one -year interval, persons may reapply to serve on the same advisory body. 6.7.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. (ABH § III,D) 6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be appointed to serve on more than one advisory body, except that a member may also serve on one technical or special - purpose committee at the same time. If appointed to another committee, he /she will be expected to resign from one body upon being appointed to another. (ABH § III,C.5) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 35 6.7.3 PROCESS 6.7.3.1 Applications are obtained and filed with the City Clerk's Office. (ABH § III,C.1) 6.7.3.2 In February of each year, the City Clerk shall advise the City Council of the terms that are due to expire on each advisory body. The City Clerk shall also notify each advisory member whose term is due to expire. Each of these members shall be given the opportunity to apply for reappointment unless the member has then served a total of eight (8) years on that advisory body. 6.7.3.3. The Council Liaison Subcommittee reviews the current applications and determines the recruitment process, including whether to advertise. (ABH § III,C.3) If the committee is a technical or special purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative and Chair are invited to participate in determining the recruitment process. 6.7.3.4. The City Clerk shall then place an ad in the local newspaper, inviting citizens to apply for consideration as an appointment to an advisory body, 6.7.3.5 The applicant reads the Advisory Body Handbook and attends at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.7.3.6 The subcommittee shall interview qualified applicants, inviting the advisory body Chair to attend (if the Chair is being considered for reappointment, the Council Liaison Subcommittee shall designate another representative). (ABH § M,C.3) If the vacancy is for a technical or special - purpose committee (Board of Appeals, Jack House Committee, Joint Recreational Use of School District Property Committee, Mass Transportation Committee, or Tree Committee), the City staff representative will be invited. 6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for appointment to the entire Council. If a unanimous decision for recommendation to the full Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the Council Liaison Subcommittee. (ABH § III,C.3) Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 36 6.7.3.8 Applicants not appointed will be advised and their applications held for consideration in the event of a future vacancy for no less than one year. (ABH § M,C.4) 6.7.3.9 The Subcommittee may prepare a list of all qualified candidates that they interview. Such list shall be filed with the City Clerk and may be used as a basis for appointments to fill vacancies that may occur during the year. Council appointment of a particular term is required. Council Policies & Procedures Manual 2007 Adopted 4/20/04 by Resolution No. 9554 (2004 Series) Updated 5/2/06 by Resolution No. 9794 (2006 Series) Page 37