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HomeMy WebLinkAboutR-10041 Council Policies and Procedure Manual and Advisory Body Handbook updateO 0 RESOLUTION NO. 10041 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A REVISED COUNCIL POLICIES AND PROCEDURES MANUAL AND ADVISORY BODY HANDBOOK WHEREAS, the City Council has adopted a certain manual entitled "Council Policies and Procedures" and has adopted the "Advisory Body Handbook" to define and ensure the proper conduct of the City's business by the City Council and its Advisory Bodies in compliance with State law, and the City's Charter and Ordinances; and WHEREAS, the Council periodically revises its Council Policies and Procedures Manual and the Advisory Body Handbook to ensure clarity, consistency with state law, and conformity with the City Charter and Ordinances; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo: SECTION 1. The Council hereby amends the Council. Policies and Procedures Manual, a copy of which is attached hereto marked Exhibit "A ", and replaces all previous versions of the Council Policies and Procedures Manual. SECTION 2. A copy of the Council Policies and Procedures Manual shall be maintained on file in the Office of the City Clerk, shall be distributed to all Council Members and Department Heads, and shall be available to the public during reasonable business hours. SECTION 3. That certain document attached hereto marked Exhibit 'B" and incorporated herein by reference is hereby adopted as the "Advisory Body Handbook" and Resolution No. 9516 (2004 Series) adopting the prior manual is hereby rescinded. SECTION 4. The City Clerk shall furnish a copy of this resolution and a copy of the "Advisory Body Handbook" to all department heads, support staff, and advisory body members. Upon motion of Council Member Carter, seconded by Council Member Settle, and on the following vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None R 10041 0 Resolution No. 10041 Page 2 0 The foregoing resolution was adopted this 18`h day of November 2008. � Mayor David F. Romero ATTEST: Audrey Hoop City Clerk APPROVED AS TO FORM: Jon han P owell City Attorney 0 city of sAn WIS OBISPO 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 N loi § i ijY S COUNCIL POLICIES & PROCEDURES TABLE OF CONTENTS FOREW ARD ........................................................................................ ..............................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 ........................................................ ..............................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 EXHIRM 6699 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 ............................ 3.3.1 APPOINTMENT OR SPECIAL ELECTION.. 3.3.2 PUBLIC APPOINTMENT ............................... 3.3.3 ADVERTISE FOR APPLICANTS ................... 3.3.4 QUALIFICATIONS .......... ............................... 3.3.5 PUBLIC MEETING .......... ............................... ............................19 ............................19 ............................20 ............................20 ............................20 ............................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 I] E �� IT 66 I� 99 B:. ir. ° il 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 cm CHAPTER FIVE w.. 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 U EXHIBIT "A" 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 EXHIBIT 199 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, 1 876, 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 I O � EXHIBIT SIT 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 ony IN 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.l .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 EXHIBIT 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. 1.23 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 o EXHIBIT 199 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 EXHIBIT "Ay' 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. 13.2 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 0 EXHIBIT "A" 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. 13.4 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 EXHIBIT "A IF 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. 13.5.4.2 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 13.6.1 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) 1.3.63 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 A rig �1.. 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. 13.6.6 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) 13.6.9 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 § 549575) 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 EXHIBIT "All 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 13.9.1 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 EXHIBIT "Alp 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 EXHIBIT "A" 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 X"Ask CHAPTER TWO COUNCIL COMPENSATION y�y�yz"���'''I^^^fffZ��� � a r . �,r Y t�ti 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 I\� 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: Ouarteriv 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 EXHIBIT "A" 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 rl 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 v 3 EEl`i� BN.- 66AH 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) 3.13 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 O J E HIO9f 66APY 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.' ) 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 C, 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. IITI t� 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. 33.5.7 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 v 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 fora 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 PO 's. T. 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 V CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES a- ���� 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 EXHIBIT 6699 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 fora 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 BEHELD 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 O EXHIBIT "Allp 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 (3 J'`'k" 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 O 5.3.1 TIMELY RESPONSE r I y' 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). 53.4 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 EN 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 O EKHT M 61 IF' 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 6.1 o CHAPTER SIX ADVISORY BODY PROCEDURES 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. 6.13 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 33 1 6.2 COUNTY OR REGIONAL REPRESENTATION EMBIT "A' 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 O C EX, � I � IT 86,9 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 E IMT "A" 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 L 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. 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 Ex e' f f 66A99 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 • Iv R � November 2008 City of San Luis Obispo Architectural Review Commission Bicycle Advisory Committee Board of Appeals. . Cultural Heritage Committee Human Relations Commission Housing Authority Jack House Committee - Joint Use of Recreational Facilities Committee Mass. Transportation Committee Parks and Recreation Commission Personnel Board Planning Commission Promotional Coordinating Committee Tourism Business Improvement District Board Tree Committee 0 0 EXHIBIT AOVISORY BOOY hanbBOok paepaned By the office of the city clerk adopted By Resolution no. loom (2008 seRiesj on novemseR is, 2008 0 0 a Ee d "81P taBtE of contents mtuoauction......................................................................................... ............................... I section i. aavisouy Body Basics ........................................................ ..............................2 A. Background ................................................................................ ..............................2 B. Opportunities for Service ........................................................... ..............................2 C. Membership Qualifications and Appointment Process ............. ..............................3 D. Oath of Office and Identification Cards ..................................... ..............................4 E. Orientation ................................................................................. ..............................4 F. Term of Office ........................................................................... ..............................4 G. Removal from Office ................................................................. ..............................5 H. Vacancies ................................................................................... ..............................5 1. Compensation ............................................................................ ..............................5 J. Ethics and Conflict of Interest ................................................... ..............................5 K. Awards and Recognition ............................................................ ..............................6 section 2. how city Goveanment wouks ................................. ............................... 7 A. City Charter ................................................................................ ..............................7 B. City Council ............................................................................... ..............................7 OrganizationalChart .............................................................................. ..............................8 C. Council- Appointed Officers ...................................................... ..............................9 D. Operational Departments ........................................................... ..............................9 section 3. how aavtsouy Bodies wouk ........................................... .............................12 A. Council Liaison Members ......................................................... .............................12 B. Bylaws and Procedures ............................................................. .............................12 C. Continuity of Work and New Ideas .......................................... .............................12 D. Communications ....................................................................... .............................13 E. Role of City Staff Persons and Advisory Body Members ........ .............................14 F. Absences, Leaves of Absence, and Resignations ..................... .............................15 G. Functional Review .................................................................... .............................15 EXH2,T 11, section4. the Baown act .................................................................... .............................16 Overview............................................................................................... .............................16 Brown Act Provides for Public Comments .......................................... .............................16 Common Questions about the Brown Act ............................................ .............................17 section s. aavisORy Body SUMMARY ............................................ ... .............................. 19 Advisory Committee on Joint Use of Recreational Facilities ............... .............................20 Architectural Review Commission ....................................................... .............................21 Bicycle Advisory Committee ................................................................ .............................24 Boardof Appeals .................................................................................. .............................25 Cultural Heritage Committee ................................................................ .............................26 HousingAuthority ................................................................................ .............................28 Human Relations Commission ............................................................. .............................29 JackHouse Committee ........................................................................ .............................31 Mass Transportation Committee ........................................................... .............................32 Parks and Recreation Commission ....................................................... .............................33 PersonnelBoard .................................................................................... .............................35 PlanningCommission ........................................................................... .............................37 Promotional Coordinating Committee .................................................. .............................39 Tourism Business Improvement District Board ................................... .............................41 TreeCommittee .................................................................................... .............................42 section 6. tips fotz Bemc an effective memseu and chain of an aovisouy 1306y.......................................................................................... .............................43 A. Understanding Your Role and Scope of Responsibility ........... .............................43 B. Prepare Ahead for Meetings ..................................................... .............................43 C. Develop Positive Relationships ................................................ D. .............................44 Fully Participate E. ........................................................................ .............................45 Encourage and Honor Public Participation F. ............................... .............................45 Respect Individual Viewpoints G. ................................................. .............................46 Communicate Effectively ......................................................... .............................46 H. Special Tips for the Chairperson .............................................. I. .............................47 Managing Difficult Meetings .................................................... .............................47 appendices.................................................................................................. .............................49 City of San Luis Obispo Mission Statement ......................................... .............................50 City of San Luis Obispo Organizational Values ................................... .............................51 AdvisoryBodies In -Brief ..................................................................... .............................52 ii intwOuction Welcome to San Luis Obispo City Government! C The City Council and staff hope that this Advisory Body Handbook will answer many of your questions and provide you with fundamental information related to the responsibilities of the City's various advisory bodies. Serving on one of the City commissions, committees, or boards can be a fascinating and rewarding experience. These advisory bodies are charged with formulating new ideas, information gathering, receiving public testimony and comments, analyzing complex issues, and making recommendations on specific projects and broad policy — all toward helping the City Council make better - informed decisions. As you may realize, it isn't always easy. Issues are often more complex than anticipated, public opinion can be sharply divided, questions may overlap, and sometimes the province of one body may also be the territory of another. Much of the information in this Handbook comes from a variety of City policy documents, such as the City's Charter, Municipal Code, Financial Plan (or budget) and Council Policies and Procedures. In addition, State Law governs certain responsibilities of advisory body members. The material presented is intended to: 1) give interested persons an understanding of why the City's advisory bodies have been established and how they function within the overall governmental framework; and, 2) summarize the roles, relationships and responsibilities of each advisory body member. The Handbook is divided into six sections: 1. Advisory Body Basics 2. How City Government Works 3. Advisory Body Policies 4. The Brown Act 5. Advisory Body Summary 6. Tips for Being an Effective Member and Chair of an Advisory Body Thank you for your interest in serving on one of our citizen advisory bodies and volunteering your time and skills to enhance our community. • :D EXHIBIT "By' section 1. AbVISORy Boay BASICS A. BACKGROUND San Luis Obispo has a long history of involving its citizens in the business of their City government. Advisory committees and commissions provide an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by the Council. Advisory bodies can improve the quality of City government by providing the Council with resources to make better - informed decisions. Because of the nature of various advisory bodies, they can serve as the "eyes and ears" of the Council for issues and matters that otherwise might not receive the attention they deserve. Other benefits of advisory bodies include improvement in the lines of communication between the public and the Council, greater opportunities for discussion of public issues, and more citizen involvement in City government. There is considerable variety in the purpose or charge of these bodies. Some are required by State law or the Charter and are directed to guide certain City activities such as community planning or personnel affairs. Others have been created by the City Council to serve San Luis Obispo's unique needs. However, the authority of an advisory body will depend upon its specific purpose. Some have been delegated specific authority to approve or deny projects. For example, the Architectural Review Commission is empowered to make final decisions on sign permits and some building projects; the Planning Commission makes recommendations on certain types of land -use applications and makes final decisions on other matters such as use permits and certain variances. Decisions made by an advisory body may be appealed to the Council. The Council may not always accept the recommendation of an advisory body because of additional information available or a need to balance the recommendation with policy or community priorities. Generally, advisory bodies are empowered only to make recommendations to the Council or to the City staff, unless specifically authorized by law or Council to do otherwise. Lastly, there should be two -way communication so that commissions are aware of the long -term goals Council has adopted, and the advisory body is able to present new ideas to the Council. Commission members are encouraged to attend Council meetings. B. OPPORTUNITIES FOR SERVICE Interested individuals may apply for appointment to any of the following City advisory bodies: • Advisory Committee on Joint Use of Recreational Facilities • Architectural Review Commission • Bicycle Advisory Committee • Construction Board of Appeals • Cultural Heritage Committee • Housing Authority 0 • Human Relations Commission • Jack House Committee • Mass Transportation Committee • Parks & Recreation Commission • Personnel Board • Planning Commission • Promotional Coordinating Committee • Tourism Business Improvement District Board • Tree Committee [ i a For specific information about each advisory body, see Section 5 of this handbook. :C.-,., . MWMBERSHIP`O.UALIFICATIONS &'APPOINTMENT PROCESS The City of San Luis Obispo encourages participation of a wide variety of its citizens through service on an advisory body. Unless specified, there is no special education, training or background required for appointment. 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: Note: Former members of the City Council may not be appointed to serve on an advisory body until one year after the expiration of their term of office. (Charter §409) Basic elements of the appointment process are as follows: 1. Each person seeking appointment or reappointment to an advisory body shall obtain and file an application in the Office of the City Clerk. Application may be made for a vacancy that currently exists or which may occur in the future. 2. Applicants should have read and become familiar with the contents of this handbook, and should have attended at least one meeting of the advisory body prior to interviewing with the Council Liaison Subcommittee. 3. Applicants shall be interviewed by a Council Liaison Subcommittee (CLS) consisting of two Council Members. At the discretion of the CLS, interviews may be waived for those applicants' designated by another agency or for applicants who have been interviewed previously for a vacancy on the same advisory body to which they've applied within the past year. The Chair of the advisory body is invited to participate in the interviews. The CLS will independently make the final nominee selection. If the Chair is unable to participate or is being considered for reappointment, the CLS may designate another representative to attend. The CLS shall submit recommendations for appointment to the entire Council. If a unanimous decision by the Subcommittee for recommendation to the full ki N Council cannot be reached, the Council shall take a separate motion for each candidate proposed by each member of the CLS. 4. Applicants not appointed will be so advised and their applications held for no less than one year for consideration in the event of a future vacancy. 5. 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. Unless excepted as previously stated, if an applicant is appointed to another advisory body, he /she must immediately resign from one body upon being appointed to another. (Technical and special purpose committees are formed to address defined subjects. They frequently require members with specific areas of expertise.) 6. Liaisons to advisory bodies (i.e., the CLS) are selected annually by the full Council — usually in December. The Mayor and Vice Mayor shall submit recommendations to the full Council and rotate nominations for Council Liaison Subcommittees to provide an opportunity for each member to serve as a 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. Automatic rotation for the technical and regional committees is not always followed, allowing Council Members to develop a higher level of expertise for some of the more complex committees, as well as continuity where appropriate. D. OATH OF OFFICE & IDENTIFICATION CARDS Following appointment and usually at the next meeting of the advisory body, the City Clerk will administer the Oath of Office pursuant to the City Charter. The Oath may also be administered in the Office of the City Clerk. The Office of the City Clerk will facilitate the issuance of identification cards to new appointees, as needed, identifying them as members of the advisory body. E. ORIENTATION After the appointments are made by the Council, new appointees will be given a resource manual including a variety of introductory references to assist them in becoming more fully knowledgeable about City government. The department serving as staff support to a particular advisory body will coordinate and conduct an orientation with new appointees. Before or during that orientation, support staff will provide relevant documentation and background information about the specific advisory body upon which the new appointee shall serve. F. TERM OF OFFICE 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 will expire each year. This rule ensures continuity for all committees. Annual appointments commence on April I", appointments to unexpired terms begin the day the appointment is made by the Council. No appointee shall serve on the same advisory body for more than two consecutive, full terms (eight years), 4 0 D EXHIBIT IF? but may subsequently serve on another advisory body unless noted otherwise. Exceptions include the Board of Appeals, Housing Authority, and Jack House Committee. A mid -term appointment to a vacant seat on an advisory body shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one year. G. REMOVAL FROM OFFICE Members of advisory bodies serve at the pleasure of the Council and may be removed without cause by Council action in an open public meeting. H. VACANCIES Seats become vacant in two ways; they either expire at the end of the term or an "unscheduled" vacancy occurs when a member resigns during a term. The City Clerk's Office will advertise in accordance with statutory requirements and a subsequent appointment shall be made consistent with the provisions set forth in Section C, above. I. COMPENSATION The City Council has set compensation for members of the Planning Commission and Architectural Review Commission, as follows: $50.00 per meeting, not to exceed $200.00 monthly. (Resolution No. 9189 [2001 Series]) J. ETHICS AND CONFLICT OF INTEREST The duties of an advisory body member shall be performed in good faith and in a manner which the member believes to be in the best interest of the City. 2. It is improper for any member of an advisory body to utilize, for personal pecuniary gain or in an otherwise self - dealing manner, any information which is received by reason of said membership and is not a matter of public record. 3. No member of an advisory body shall have a material financial interest in any contract or other transaction involving that advisory body. The member shall promptly disclose such interest in any proposed activity of the advisory body and shall not participate in any related deliberations or actions of that body, nor vote on the matter. 4. Potential conflicts of interest may arise when an advisory body member serves on another board within the community and there is a clash of duties between the two positions, e.g. when one board exercises supervisory, auditory, or removal powers over the other. 5. The Political Reform Act of 1974, as amended (Government Code sections 81000- 91014) and the City's Conflict of Interest Code; (Resolution No. 9393 [2002 Series]) require certain elected and appointed officials and designated employees to disclose certain personal financial holdings. Most EXHIBIT "BI, of the City's advisory bodies. are solely advisory, meaning that final decisions are made by the City Council, and therefore are not required to file Statements of Economic Interest (Form 700). However, because the following advisory bodies have limited decision - making authority, they are required to file Form 700 with the Office of the City Clerk. • Architectural Review Commission • Cultural Heritage Committee • Housing Authority • Planning Commission • Promotional Coordinating Committee Filing dates for Form 700 are as follows: Assuming Office Statement — Must be filed within 30 days of taking office Annual Statements — Must be filed by April Is` of each year Leaving Office Statement — Must be filed within 30 days of leaving office. 6. Individual advisory body members should avoid making public comments on Council actions or public policies that might appear to represent the official position of their advisory body. Advisory body actions, with the voting of each member, are conveyed to the Council in the form of official minutes or by resolution. The chairperson of an advisory body is the spokesperson for the advisory body. 7. Questions regarding possible ethical issues or conflicts of interest should be reviewed with the Chairperson, City Attorney, or City Clerk, as appropriate under the circumstances, in advance of the subject meeting or discussion. K' AWARDS ANDRECOGNITION The City Council values and appreciates each citizen who volunteers his/her time and energy to serving the City on an advisory body. An annual appreciation event hosted by the City Council is one way in which appreciation is expressed for all advisory body members. When a member terminates service on an advisory body, the Council will recognize that member's contribution to the City through an appropriate expression of appreciation. If that advisory body wishes to make its own presentation to an outgoing member, the chairperson shall communicate with the City Clerk in order to avoid duplication of awards. G EXHIZIT section 2. how city coveRnment woRks A. CITY CHARTER 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 subsequent occasions. In 1955, the Charter was amended to approve a Council- Mayor -City Manager form of government. The City's organizational structure is outlined in the chart on the following page. B. CITY COUNCIL The City Charter provides for an elected, five- member City Council as the governing body of the City. Four Council Members serve staggered four -year terms (two are elected every two years). The fifth member is the Mayor who is elected for a two -year term. City Council elections are held in November of even numbered years. Regular Council meetings are held on the first and third Tuesdays of each month in the Council Chamber at City Hall. In addition, special meetings and study sessions are held from time to time as the need arises. The Mayor is the official spokesperson for the Council. The Council has the power to make and enforce all laws and regulations relating to municipal affairs, subject to the limitations of the City Charter, the United States and California Constitutions, and certain state statutes. Final decisions on City taxes and fees, budgets, City policies including the General Plan and land use issues, and other matters are made by the City Council. 7 CITY ATTORNEY Patrol Traffic Safety Investigations Recreation Programs Ranger Services Park Planning Golf Course Emergency Response: Fire. Medical & Haz N Hazard Prevention Disaster Planning Recruitment Labor Relations Fair Employment Risk Management EXHIBIT diBly CITY ORGANIZATION' IQAppointed by the City Council CITIZENS MAYOR AND CITY COUNCIL CITY MANAGER Engineering Transportation GIS Management Maintenance Sery Accounting Revenue Management Information Technology Support Services ADVISORY BODIES Water Sewer Utilities Resource Conservation Natural Resources Economic Development Cultural Activities General Administration Long Range Planning Development Review Building 8 Safety Housing Records Management Agenda & Minutes Elections Disclosure Filings Appointed by the City Manager 8 IN O EXHil- IT "B" As shown on the Organizational Chart, the City Council is directly responsible to the citizens for the operation and well being of the City. To carry out these responsibilities, the Council relies on: 1. The administrative skills of a City Manager 2. The legal advice of a City Attorney 3. The citizen advice rendered by advisory commission, committees, and boards. C. COUNCIL- APPOINTED OFFICERS City Manager - The City Charter requires the Council to appoint an executive to run the City's day -to- day operations. The City Manager is appointed by and directly responsible to the Council for all City activities. The nine operational departments, through their directors or chiefs, are responsible to the City Manager. City Attorney - The City Attorney provides legal services and advice to the Council, the City Manager, departmental staff, advisory bodies and other City agencies or officials. The City Attorney represents the City in court, prepares ordinances and other legal documents, and prosecutes cases involving violations of City laws. The City Attorney is appointed by, and is directly responsible to, the Council. D. OPERATIONAL DEPARTMENTS The following departments are directly responsible to the City Manager. Administration - The Administration Department is responsible for providing information and recommendations to the Council, implementing Council policies, and guiding the day -to -day operations of the City. In addition, the City's economic development, open space and cultural arts programs are managed by staff, under the supervision of the Assistant City Manager. City Clerk - The City Clerk facilitates the preparation of and provides public access to Council agenda packets, records the minutes, conducts City elections, maintains City records, administers the advisory body appointment process, codifies ordinances, receives claims against the City, coordinates legal publications posting and advertising, administers oaths, oversees the management of the Government Access station, and oversees the administration of PEG (Public- Education Government) Access Funds. The City Clerk is appointed by, and is responsible to, the City Manager. Finance & Information Technology - The Finance & Information Technology Department is responsible for collecting money, paying bills and employees, managing the City's investments, providing centralized accounting, preparing financial reports, coordinating budget preparation, and developing long -term financial plans. The Department also bills and collects charges for water and sewer, business licenses, and transient occupancy taxes levied on hotel /motel room rentals. Under the Charter provision that allows for combining positions, it is the City's longstanding policy that whomever the City Manager appoints as the Director of Finance & Information Technology also serves as City Treasurer. The Department is also responsible for managing information technology operations, such as the City's fiber optic network, file servers, computer workstations, telephones and radio system. The Department's goals are: developing and implementing efficient and effective financial policies, plans and EXHIsIT ,r reporting systems that help the operating departments achieve their objectives and assure the City's long- term fiscal health; protecting the City's assets from unauthorized use; effectively using the City's information technology resources in improving productivity, customer service and public access to City information; and providing quality service to all of the department's customers -both external and internal to the organization. Human Resources - The Human Resources Department conducts a comprehensive personnel management program to attract and retain competent City employees. The Director is responsible for recruiting, testing, classifying, evaluating and training employees, evaluating employee salaries, administering the City's Personnel Rules and Regulations and Work Force Diversity Program, and directing the City's Risk Management Program. The Director of Human Resources is appointed by, and is responsible to, the City Manager. Community Development - The Community Development Department has three divisions, all under the direction of the Community Development Director who is appointed by, and is responsible to, the City Manager. The Long Range Planning Division of this department is responsible for the preparation, maintenance, and implementation of the City's General Plan and its various elements. The Development Review Division assists the community with land use issues, evaluates all types of development applications, and maintains the City's development regulations. The Building and Safety Division administers state and local building codes and is responsible for ensuring safe and sound public and private construction, enforcing zoning requirements, and providing neighborhood services. Its staff issues building permits, checks building plans, inspects code - regulated work at construction sites, and coordinates neighborhood services and code enforcement. Public Works - The Public Works Department oversees a number of different areas. The transportation Division includes the Transit Division which manages the City bus service, known as SLO Transit. The Parking Division keeps the three City parking structures operating, assures turnover of meter spaces around the downtown, and enforces the provisions of neighborhood parking districts. Traffic Engineering personnel provide traffic management services to the City's neighborhoods and each year evaluate traffic collision patterns in order to make improvements to the road network. The City Traffic Engineer times and programs the City's network of traffic signals in order to help traffic flow more smoothly. Private development projects are processed by the Development Review Division, ensuring compliance with the City's engineering and subdivision standards. The City's Engineering Division has the responsibility of designing and managing the construction of the Capital Improvement Program approved by the City Council. Ongoing day -to -day maintenance of the City's streets, signals, street lights, parks, landscape areas, vehicles, and buildings is provided by individual Public Works Maintenance Divisions. The Stormwater Division is responsible for ensuring the City's compliance with the provisions of the Clean Water Act and the State regulations included in the Stormwater Management Plan. The Geographic Information Systems (GIS) Division develops and maintains numerous software programs that allow staff and the public easy and quick access to maps and geographic data. Finally, the Administration Division provides support staff for all divisions. The department is managed by the Public Works Director, who is appointed by, and is responsible to, the City Manager. 10 Q EY ,a�NlJT 6619 Utilities - The Utilities Department is responsible for securing adequate water supplies and providing safe and aesthetically pleasing drinking water in accordance with State Health Services requirements through the operation and maintenance of the City's water supply, treatment, and distribution systems. The Utilities Department also provides full wastewater services, to meet state and federal requirements, through the operation and maintenance of the City's wastewater collection and water reclamation facilities. An Industrial Pretreatment program ensures that no hazardous materials are discharged to the City's wastewater collection system. Solid waste services, provided under franchise by San Luis Garbage Company, are monitored and managed by the Utilities Department. This department also coordinates a variety of resource conservation, re -use, and recycling programs. The Utilities Director is appointed by, and is responsible to, the City Manager. Parks & Recreation - The Parks & Recreation Department plans and manages recreational activities and rentals at City parks, recreational facilities and open space. It consists of eight divisions, including Aquatics; Children's Services; Facilities; Golf; Ranger Service; Recreational Sports; Special Events and Skate Park; and Teens; Seniors, Boomers and Classes. The department also coordinates the City's Public Art and Community Garden programs. The department mission is a diverse program of leisure activities that enhance and promote personal well -being and sense of community. With the assistance of the Parks and Recreation Commission, the department plans the development of parks and recreational facilities and actively seeks state and federal grants to help pay for park projects, consistent with the Parks and Recreation Element of the General Plan. The department is headed by the Parks & Recreation Director who is appointed by, and is responsible to, the City Manager. Police - In addition to the traditional activities of enforcing traffic and other laws, helping citizens in all types of situations, and investigating crimes, the Police Department promotes community safety. It conducts crime prevention programs and is responsible for various other programs such as school -safety patrols. This department is under the direction of the Chief of Police who is appointed by, and is responsible to, the City Manager. Fire - The Fire Department does more than fight fires. Its basic purpose is to protect people and property, not just from fire, but also from floods, earthquakes, and other disasters, and to respond to medical emergencies. It promotes public safety by educating the public about fire hazards by inspecting commercial, industrial and public buildings, and by inspecting private property for weeds and debris that could be a. fire hazard or public nuisance. This department is under the direction of the Fire Chief who is appointed by, and is responsible to, the City Manager. 11 FRAYaa�� section I how A&ISORY 13061es woRk A. COUNCIL LIAISON MEMBERS Each year the Council selects two of its members to be "Liaison Members" to each advisory body. The primary responsibility of these subcommittees is to review applications of citizens who would like to serve on a particular advisory body and thereafter hold interview sessions and make recommendations to the full Council for final appointment. These Council Liaison members can be called upon to facilitate the flow of information between the Council and that advisory body. From time to time they may attend advisory body meetings. B. BYLAWS AND PROCEDURES Bylaws - Each advisory body has approved bylaws that set forth procedures, purpose, specific functions, meetings, officers, budget, etc. (Charter, Article XII, Section 1204). 2. By May I" of each odd - numbered year, the bylaws of each advisory body shall be reviewed by that body. Any proposed changes shall be submitted to the Council through the City Clerk for approval. If no changes are proposed, a report of the review shall be submitted. Code of Ethics - Each body shall be governed by the City's adopted Code of Ethics (Resolution No. 8313 [ 1994 Series]). 4. Parliamentary Procedures - All advisory body meetings shall be conducted in accordance with City practices and policies. Robert's Rules of Order Newly Revised, shall also be used as a guide in conducting meetings. Questions should be directed to the appropriate City staff. A quorum of the Committee shall be as stated in individually adopted advisory body bylaws or.procedures. 5. Meetines & Events - Each advisory body may hold an annual dinner meeting for installation of new members and recognition of outgoing members. All regular meetings shall be held at the established _ time and place set for that body, unless a change is approved by Council. Council may hold an event from time to time to recognize advisory body members. (See also Page 8, Section K). C. CONTINUITY OF WORK AND NEW IDEAS Continuity - There exists a pattern of continuing work for every advisory body in order that the needs of the community are served in a thoughtful yet expeditious manner. Advisory body chairpersons and the assigned professional staff are the responsible parties for establishing an even flow of work. New members to advisory bodies are expected to familiarize themselves with the workload. Normally, it will take new members a bit of time to develop a full understanding of their new work and confidence in their decision - making abilities. Staff members can be helpful with questions. 12 o EXHIBIT "By' 2. New Ideas - Advisory body members should view themselves as an extension of the abilities of the Council and staff to see and hear matters of importance in our community. Sometimes old policies and established ways of doing things need to be changed. Sometimes fresh ideas need to be given a trial. How does the process of developing a new "idea" work? a. Test the idea on friends; are reactions favorable? b. Bring the idea to your advisory body under the portion of your agenda where individual member comments on items not on the agenda are entertained. If fellow members react favorably; the idea should be formalized in written form. c. At this point, the "cost" of the idea in terms of staff time and dollars must be evaluated. If staff sees the cost to be minor and the impact on City operations to be negligible, the idea can be agendized, discussed publicly and a final decision can be made for a recommendation to the City Council. d. Should the "cost" in staff time and money be deemed high, then the Council should be properly informed and budgeting and staff time approved before further action is taken by the advisory body. A good time for advancing new ideas is during the Financial Plan and City Goal Setting process, when advisory bodies are actively encouraged to offer such suggestions to the Council, as most of the resource decisions are made at that time. —. ._ D COMMUNICATIONS_ Written Reports - Advisory bodies are occasionally requested to make special reports or recommendations to the Council on specific subjects. The Council will make this request in writing, with specific direction as to the approach, scope, and schedule for the study desired. These recommendations often play a major role in assisting the Council to reach a .final decision on important issues. a. Any recommendation or report from an advisory body is required to be in written form. If the matter is to appear on the Council agenda, the report must be submitted to the City Clerk no later than two weeks prior to the Council meeting at which the report is to be considered. This report becomes part of the record and is forwarded to each Council Member for review in advance of public consideration. b. • Some advisory bodies may receive study or action requests from citizens or groups. These requests should also be presented in writing to the advisory body, which will then determine if the committee wishes to pursue that particular issue. The committee shall advise the Council of the request and the body's determination for action. 2. Minutes - To keep current on advisory body activities, minutes of all advisory body meetings shall be forwarded to the Council in a timely manner. 13 "By' 3. Goals/Budget - Each advisory body shall prepare proposed major City Goals and Objectives in a manner established by the City Manager. The advisory body chairperson will be responsible for speaking to this proposal when the Council conducts its goal setting in study session. The City Manager will notify the chairperson of time and place of such Council review. More detailed budget proposals will be made through advisory body staff, consistent with the budget schedule and process. 4. Statements - An advisory body does not have authority to speak for the City. If the body wishes to recommend that a statement be made, such as a letter written to state a position, it shall be submitted to and receive approval of the Council. 5. Public Forums and Surveys - An advisory body shall not sponsor or co- sponsor a public forum, meeting or survey without the prior approval of the Council. 6. Personal Testimony - If a member of an advisory body appears before the Council (or another advisory body) in a capacity other than as representative of his/her body, it should be explained in advance that any statements made are not to be construed as representing the opinions or recommendations of the advisory body. Changes - Changes in a member's address or telephone number, and the names of new officers, shall be submitted to the City Clerk as soon as possible. Quarterly Meetings - The Mayor shall meet quarterly with the chairpersons of all advisory bodies. The purpose shall be for informational updates and to encourage communication. Quarterly written reports shall be submitted at this meeting and are shared with all Council Members. The chairperson shall report back to the full committee at the next regular meeting. Annual Report - Each advisory body is required by the Charter to submit to the Council by May 15t an annual report describing its activities and evaluating its progress for the year (Charter, Article W Section 1205). To provide more timely information to the Council, most Committees submit reports at the Mayor /Advisory Body Chairs Quarterly Meetings throughout the year, thereby fulfilling the Charter requirement. Staff support and assistance is provided, 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 advisory body members are responsible for the functions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in this handbook. Staff support includes preparation of a summary agenda subject to 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, as necessary. Staff will assist advisory bodies in the conduct of public meetings and ensure that the business listed on the agenda is addressed. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues involved. The assigned staff person serves as Secretary, insuring that minutes are taken as needed. 14 1 EXHOT "By" It is important that recommendations the advisory bodies wish to communicate to the City Council are made through adopted or approved Council agenda procedures. Staff members shall assist the advisory body chair to insure appropriate legal review or City and state legislation is complied with. F. ABSENCES, LEAVES OF ABSENCE AND RESIGNATIONS Attendance - If an advisory body member fails, for any reason, to attend three consecutive regular meetings or a total of six regular meetings within any twelve -month period, that member shall automatically be considered for replacement. The chairperson of the advisory body shall inform the Council, through the City Clerk, of such a situation, explaining any extenuating circumstances resulting in the absences. 2. Absences - There shall be no "excused" absences. Because of quorum requirements, when an absence is anticipated, the individual advisory body member is responsible for notifying the chairperson or the secretary in advance and the absence shall be counted in that member's attendance record. 3. Leaves of Absence - Leaves of absence are not granted to advisory body members except under very unusual circumstances and when authorized in advance by the Council. 4. Resignation - In the event a member finds it necessary to resign from an advisory body, a letter of resignation stating the effective date of the resignation shall be immediately directed to the Council through the City Clerk, with a copy forwarded to the chairperson of the advisory body. G. FUNCTIONAL REVIEW 1. Election - When possible, in April, each advisory body, at its regular meeting, shall elect a chairperson and a vice chairperson. 2. Terms of Office - The term of office of a chairperson or vice chairperson shall be one year, commencing upon election. No person shall serve in the office of chairperson or vice chairperson for more than two consecutive terms except if noted elsewhere under specific boards and commissions. Completion of a partial term of office as chairperson or vice chairperson shall not preclude an advisory body member from serving two additional consecutive full terms, provided that the partial term served is less than one year. 15 0 IVY Section 4. the Bizown act The State Legislature has declared that the actions of public bodies be taken openly and that their deliberations be conducted openly. California's Ralph M. Brown Act (found in the Government Code Section 54950 through 54961), also known as the "open meeting law," applies to all advisory bodies, and requires that they: 1. Meet within the jurisdictional limits of the City. 2. Post the agenda 72 hours before a regular meeting containing a brief general description of each item of business to be transacted or discussed. 3. Hold open and public meetings. 4. Give notice of the meetings to any requesting party at least 24 hours prior to the meeting. 5. Provide in bylaws or rules for time and place of regular meetings, if regular meetings are to be held. A meeting is defined as a gathering of a majority (quorum) of the advisory body for the purpose of discussing items before the body or conducting other business of the body. It is important to understand that the Brown Act generally prohibits any action or discussion of items not on the posted agenda. There are special Posting requirements for advisory body agendas: • Regular Meetings — 72 hours in advance • Special Meetings — 24 hours in advance • Adjourned Meetings — a regular or special meeting may be adjourned to a specific time and place (usually to continue a public hearing or other business). A special notice is required and should be posted within 24 hours of adjournment. The Brown Act mandates that regular meeting agendas allow for two types of public comment periods. The first is a general audience comment period, where the public can comment on any item of interest that is within subject matter jurisdiction of the local agency and that is not listed on the posted agenda. This general audience comment period may come at any time during a meeting ( §54954.3). The second type of public comment period is the specific comment period pertaining to items on the advisory body's agenda. The Brown Act requires that the advisory body allow these specific comment periods on agenda items to occur prior to or during the advisory body's consideration of that item ( §54954.3), including consent calendar items. Public Comments at Special Meetings. The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to speak about any item listed on the agenda prior to 16 the advisory body's consideration of that item ( §54954.3). Therefore, for special meetings, advisory bodies must allow public comments for items on the agenda, however (unlike regular meetings), a public comment period for items not on the agenda is not required. Limitations on Length and Content of Public's Comments. The Brown Act allows a legislative body to adopt reasonable regulations limiting total amount of time allocated for public testimony. In San Luis Obispo, the typical time limit for speakers is three (3) minutes. It is not permissible to prohibit public criticism of policies, procedures, programs, or services of the City or acts or omissions of the City ( §54954.3(c)). This does not mean that a member of the public may speak on "anything." If the topic is not within the subject matter jurisdiction of the advisory body, the Chair should remind the speaker to direct his/her comments to only those subjects within the advisory body's purview. COMMON QUESTIONS ABOUTTHE BROWN ACT The following is intended to give advisory body members a broad understanding of the Brown Act. Please consult with the staff liaison, the City Clerk, or the City Attorney for more specifics. 1. What are serial meetings? A serial meeting is any direct communication amongst a majority of the members, outside of a meeting, to develop a collective concurrence as to action to be taken on an item by the members. Serial meetings are strictly prohibited by the Brown Act. Even though a majority of members never gather in a room at the same time, a Brown Act violation may occur if ideas are exchanged among the majority by going through any person acting as an intermediary (including staff), and/or through the use of a technological devices, e.g. telephone answering machine, computer email, or voice mail. 2. What are some examples of serial meetings? The most common example of a serial meeting is when "Member A" calls "Member B" and then "Member B" calls "Member C," and so on to share ideas among a majority of the advisory body. Another example: A member of a five- member advisory body receives a letter regarding City business and writes a note on that letter that says "I agree," and then provides a copy of the letter to two other members. Email can also be troublesome. Here's an example of how easy it can be to unintentionally conduct a serial meeting: A staff member sends out via email a document in draft form for review by the advisory body prior to a meeting. "Member A" recommends to staff a revision and copies fellow advisory body members. "Member B" disagrees with the proposed change and others begin to "weigh in" on the subject. 3. This seems restrictive ... aren't there any exceptions? 17 0 MA Of course, prohibition against serial meetings does not prohibit all communication between individuals regarding City business. The Brown Act only prohibits use of serial meetings for the purpose of "developing a collective concurrence' concerning an issue. This does not prohibit a staff person from "briefing" members provided that the briefing is limited to furnishing information, and the staff person does not solicit opinions concerning an appropriate course of action for City and then share them among the members. 4. What's a Quorum? A quorum is the majority (more than half) of the total number of established members of the committee. A quorum must be present for any business discussion or action to take place. A quorum must be present for the duration of a meeting. If a member leaves during the meeting, resulting in the lack of a quorum, no further business may be conducted and the meeting must be adjourned. If vacancies exist on the advisory body, those vacant positions still count towards the quorum. For example, if one seat is vacant on a five - member body, and two members are absent there is not a LI�Jy 5. If a member is absent, can he/she still vote? No, only members physically present at a meeting may participate and vote when a quorum is present. Voting shall not occur by proxy or by telephone. 6. What are some exceptions to the Brown Act? Advisory body members may attend and/or participate in the following as long as a majority of the members do not discuss amongst themselves matters that are within the subject jurisdiction of the advisory body: • Informational or educational workshops or conferences • Community meetings, such as town hall meetings, workshops, forums, etc. not sponsored by the advisory body • A meeting of another body of the local agency • Social 'or ceremonial events. 7. Can an advisory body conduct a retreat? "Team building" or "goal setting" retreats may be held, but they must be held within the City, be properly noticed, and be open to the public. 18 0 0 &golf section 5. AbVISORy Bony SUMMARY Permanent advisory bodies are established by the City Council by either ordinance or resolution. Membership is defined in the enabling legislation and all members are appointed by the Council. Members are selected: • On the basis of interest, experience and knowledge in the field pertinent to the committee • To represent a particular segment of the community (student, elderly, disabled) • From a broad representation of community interest and expertise. Most advisory bodies meet regularly at established times. Some advisory bodies are defined as technical or special - purpose. They may meet regularly or only when projects or proposals require their attention. Technical and/or Special Purpose Advisory Bodies are denoted in the Summary with an asterisk ( *). 19 U ADVISORY COMMITTEE ON JOINT USE OF RECREATIONAL FACILITIES PURPOSE The Advisory Committee on Joint Use of Recreational Facilities advises Council and the San Luis Coastal Unified School District Board regarding policies for operations of City/School District joint use recreational facilities, priorities for granting use of those facilities, and plans for balanced integration of school district property being developed. The Committee also advises Council on potential joint use agreements with other agencies. (SLOMC Chapter 2.52, Ordinance No. 1379 [2000 Series]) STATUS The Committee was established in 1981 and is supported by staff in the Parks & Recreation Department and the Public Works Department, as well as a staff member of the San Luis Coastal Unified School District. (SLOMC Chapter 2.52, Ordinance No. 906 [1981 Series]) lul ul: The Committee consists of seven members, one of whom is a representative of the Parks and Recreation Commission. Members of the Committee appointed by the City Council must be residents and registered voters of the City and will serve a term of four years. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. MEETINGS The Committee meets the fourth Tuesday of every month, except July and December, at 12:00 noon at the Ludwick Community Center at 864 Santa Rosa Street. 20 �I \ E 6 MT I" ARCHITECTURAL REVIEW ..COMMISSION PURPOSE The City of San Luis Obispo has a number of unique characteristics, including ideal climate, spectacular natural vistas, and an outstanding man-made environment that has evolved from historic traditions of the community. The Architectural Review Commission (ARC) has a vital role in the preservation and enhancement of the beauty and visual character of the City. FUNCTIONS The primary goals of the City's design review process are to: • Maintain the community's quality of life for residents; • Maintain property values; • Attract growth in the local economy; and • Preserve the City's natural beauty and distinct visual character. The Commission is responsible for establishing (with Council approval) guidelines for determining what is "good design." These Community Design Guidelines are published in the form of a booklet with pictorial illustrations to help applicants understand the Commission's goal of maintaining a high level of architectural excellence in the City. The Commission spends the majority of its time reviewing development plans for private and City projects after visiting project sites. They work with applicants and their designers to ensure that projects are consistent with required ordinances and standards as well as the Community Design Guidelines. Although Commissioners do consider the rights and desires of property owners /developers, they must make their decisions pursuant to the General Plan, Community Design Guidelines, ordinances, and other standards and procedures set forth in State and City law. When the ARC is the final reviewing body, the Commission may be responsible for environment determinations pursuant to the California Environmental Quality Act (CEQA). Good design, obviously, is a subjective matter. For this reason, the guidelines state generalized preferences for different types of projects and components of design, but also provide for flexibility to encourage creative designs. To allow for flexibility and to encourage excellence, the Commission may add to and modify project conditions at the public hearing where projects are considered. This "give and take" discussion with designers helps create projects that are not only designed technically well, but enhance and are compatible with the character of the immediate neighborhood and the City at large. It is important to understand that the Commission does not seek to dictate any particular style of architecture, but instead seeks a harmonious variety of compatible building styles. 21 O 1 EX IT "B" SCOPE OF AUTHORITY Most building projects in the City, including exterior remodeling, require ARC approval before a building permit can be issued. The only types of projects that do not require ARC approval are: 1. Individually built houses, with a few exceptions, as determined by the Community Development Director. 2. Small projects, such as minor sign exceptions, building additions or remodels, or a new or small structure that is minor, or incidental to a larger, previously approved project (known as minor or incidental projects — require planning application and fee, but don't involve a hearing). 3. Very minor changes or additions to an existing building, or other site feature (known as aesthetically insignificant projects — no separate planning application is required). 4. Signs that meet the minimum standards of the sign ordinance (and are not part of a larger project that does require ARC approval). In reviewing a specific project, the ARC looks at all of the project components that affect its exterior appearance and site design. Plans need to include complete information on site planning, grading, building design, colors, materials, signage, and lighting. Given the range of projects reviewed by the ARC, additional information or presentation products are sometimes requested to help the Commission and interested public better understand the project. The ARC is not concerned with interior function and design, except where it may impact the exterior appearance. Occasionally, some of the factors considered by the ARC, such as site layout and parking, may overlap with the jurisdiction of the Planning Commission. This overlap is to be expected and does not necessarily mean that the two committees are duplicating work. The Planning Commission primarily concerns itself with general site design only in connection with land -use decisions, leaving the details to the ARC. However, when a specific site layout is approved by the Planning Commission, the ARC is expected to work with the general layout established by the Planning Commission action. ARC approval by itself does not take the place of a building permit or other special approvals that might be required for a new project. Complete architectural review guidelines and more information about the ARC are contained in the Community Design Guidelines, which are available at the Community Development Department. STATUS The ARC was established by City ordinance in November, 1973. It is supported by planners in the Community Development Department who do initial evaluation of development plans, confer with designers, prepare meeting agendas and assist the Commission in its duties. The Commission is responsible directly to the Council, which hears all appeals of ARC decisions. (SLOMC Chapter 2.48, Ordinance. No. 600 [1973 Series]; Guidelines amended by Resolution No. 5086 [1983 Series]; Ordinance No. 1138 [1989 Series]; Ordinance No. 1417 [2002 Series]). Commissioners are compensated at $50.00 per meeting with a monthly maximum of $200.00. (Resolution No. 9189 [2001 Series]). 22 MEMBERS The ARC has seven members. Members must be residents and registered voters of the City. The only special qualifications for membership are a proven interest in the City's physical environment and the ability to make positive and fair aesthetic evaluations. TERMS/LIMITS Members of the Commission serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. MEETINGS The ARC meets at 5:00 p.m. on the first and third Monday of each month in the Council Hearing Room, City Hall. 23 0 O EXHIBIT "B„ BICYCLE ADVISORY COMMITTEE PURPOSE The purpose of the Bicycle Advisory Committee (BAC) is to provide oversight and policy direction on matters related to bicycle transportation in San Luis Obispo and its relationship to bicycling outside the City. The BAC makes recommendations regarding the implementation of the City's Bicycle Transportation Plan, which includes information on the network of bike lanes and bike paths, as well as a variety of programs to promote and support bicycle transportation. STATUS The BAC was established as a permanent committee in January of 1994. (Resolution No. 8280 [1994 Series]) MEMBERS The BAC has seven members. Members must be residents and registered voters of the City. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. MEETINGS Generally meets bimonthly on the third Thursday of the month (January, March, May, June, September and November) at 7:00 p.m. in the Council Hearing Room, City Hall. 24 �D EXHIBIT "B" CONSTRUCTION BOARD OF APPEALS PURPOSE The Construction Board of Appeals meets as necessary in order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of various technical codes. In addition, the Board of Appeals may meet as the Appeals Board for Disabled Access for the purpose of considering appeals to the standards contained in the California Building Standards Code regarding accommodations for persons with physical disabilities. STATUS The Construction Board of Appeals was established in 1979 and is required under provisions of the City's Building Code. The Board is staffed by the Chief Building Official. (SLOMC Chapter 15, Section 204. 1, Resolution No. 4017 [1979 Series]) MEMBERS The Board consists of seven members. Members must be residents and registered voters of the City. Five of the seven members shall be qualified by experience and training to pass on matters pertaining to building construction and building service equipment, and who are not employees of the City. Two members of the Board shall be physically handicapped, as defined by the California Building Code. TERMS/LIMITS Members of the Board serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are not subject to term limits. MEETINGS - Held on call. 25 O 1 PURPOSE The Cultural Heritage Committee.(CHC) promotes the preservation of architectural, archaeological, historical and cultural resources in San Luis Obispo by: a) helping the public pursue cultural resource preservation projects; b) sponsoring educational programs and research that improves our understanding of the community's history and archaeology; c) on request, commenting on the effects of public and private actions on community cultural resources; and d) helping with the administration of City- sponsored benefit programs. FUNCTIONS 1. Collect, consolidate, and make available information about historical resources and historical resource sites, and promote, participate in, or sponsor educational and interpretive programs. 2. Provide advice and guidance for the restoration, alteration, decoration, landscaping, or maintenance of historical resources or properties within Historical Preservation Districts. 3. Review the Inventory of Historical Resources and recommend to the Council any amendments. 4. Assist property owners with the preparation of National Register applications for historical resource sites. 5. Help to administer benefit programs approved by the Council that are directed at preserving historical resources or resources within Historical Preservation Districts. 6. Publish and maintain Historical Preservation Program Guidelines which present, a) benefit programs sponsored by the City; b) procedures for adding properties to the Inventory of Historical Resources or for establishing a historical district; and c) other information concerning historical preservations. 7. Review actions proposed by public agencies and provide information on how such actions may affect designated or eligible properties within or adjacent to historical districts. 8. Cooperate with local, state and federal agencies in the pursuit of historical preservation. 9. Provide direction on the application of the California Environmental Quality Act (CEQA) on specific development proposals where possible impacts of development on historic resources are uncertain; 10. Function within the guidelines and policies of the Advisory Bodies Handbook and perform other duties as assigned by the Council. 26 I0 EMMIT 1137Y STATUS The CHC was established in 1981 as a technical committee and is staffed by a Planner from the Community Development Department. This committee became permanent in February 1987 when Council adopted Resolution No. 6158 (1987 Series) that establishes CHC functions and duties. (Bylaws amended by Resolution No. 9468 [2003 Series]). See also SLOMC Chapter 17.54, Ordinance No. 1086 (1987 Series) establishing Historical Preservation Districts, and Resolution No. 8002 (1992 Series) allowing members to reside outside the three Historical Preservation Districts. MEMBERS The CHC is a seven - member committee. Members must be residents and registered voters of the City. When possible, membership includes a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person with knowledge of architecture, and, when possible, a person knowledgeable in local archaeology. The membership also includes a resident from each of the City's three Historical Preservation Districts, when possible. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. MEETINGS Meets the fourth Monday of the month at 5:30 p.m. in the Council Hearing Room at City Hall. 27 HOUSING AUTHORITY PURPOSE The Housing Authority Commission advises the Council on housing issues and needs of the low- and moderate - income households in the City. FUNCTIONS The Commission is responsible for developing, maintaining, and managing the City's low -rent housing and rental subsidy programs. It has direct legal responsibility for policy, staff, and management of the Authority's multi- million dollar annual operating budget. STATUS The Commission was established by the Council in 1968 to fulfill the responsibilities related to the creation of the Housing Authority. The Housing Authority is a separate public corporation that, under state and federal law, is responsible for implementing programs which assist families or elderly persons who lack the income necessary to obtain housing that is decent, safe, and sanitary. The legal authority, powers, duties and responsibilities of the Commission are defined by the California Health and Safety Code (Housing Authorities Law) and the corporation bylaws of the Commission. Its bylaws are not approved by the City Council. (Authorized by City Election held 6/4/68) MEMBERS Terms of office, qualifications for appointment and grounds for removal from office are defined by state law. Appointments to the Housing Authority are not subject to residency requirements. The Commission has seven members. Five of the members are at -large and are appointed by the Mayor subject to confirmation by the Council. The other two members are appointed by the Mayor from the Housing Authority's tenant population and each serves a two -year term. At least one of the tenant members must be 62 years of age or older. TERMS/LIMITS The at -large members serve four -year terms. The tenant members serve two -year terms. Members of the Commission are not subject to term limits. MEETINGS Meets the third Thursday of the month at noon in the Housing Authority offices located at 487 Leff Street. 28 HUMAN RELATIONS COMNIISSIUN 1. PURPOSE The Human Relations Commission (HRC) advises the Council in creating an environment within the City in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, national origin, age, physical, mental, sexual orientation, or economic status. The Commission makes recommendations to the Council or the City Manager on how these social concerns and human needs can best be addressed. It is desired and expected that specific functions of the HRC will change as solutions are found to specific problems or as times change, and the needs and priorities of the community in this field evolve. FUNCTIONS 1. To promote mutual understanding and foster harmonious relations between persons and groups within the community, and provide a forum for residents to discuss problems relating to human rights and relations; 2. To receive and investigate complaints concerning community tensions and acts of discrimination, and cooperate with and assist other human services groups that have similar purposes; 3. To make recommendations to the Council when action is proposed as a means to insuring community cooperation and understanding; 4. To evaluate perceived inadequacies in human rights and services and to recommend possible action; 5. To review, evaluate, and make recommendations on all City funding requests from groups that provide human services and Community Development Block Grants (CDBG); to provide liaison to recipients of grants -in -aid monies, through personal contact and required activity and budget reports; 6. Such duties, including studies and research, as the Council deems necessary and appropriate and assigns to the Commission. 7. To help foster good relations between the Homeless Shelter and surrounding neighborhood and the integration of homeless services. STATUS The Commission was established by the Council in 1964. (Established by motion 1/6/64, SLOMC Chapter 2.56, amended by Ordinance No. 1150 [ 1989 Series]; Bylaws amended by Resolution No. 9057 [2000 Series]). The Commission oversees City- approved programs such as a referral service for those members of the community in need. The HRC staff is in contact with other human service agencies throughout the City, county and state. The HRC is staffed by the Human Resources Department. MEMBERS 29 The HRC has seven members. Members must be residents and registered voters of the City. While there are no special qualifications for applicants, the Council usually seeks individuals with experience, or a demonstrated interest in community social issues. MEETINGS Monthly — First Wednesday of the Month at 5:00 p.m., in the Council Hearing Room, City Hall. TERMS/LIMITS Members of the Commission serve a term of four years. Members are eligible for re- appointment for an additional four years.. Members are subject to a term limit of eight years, or two consecutive four -year terms. 30 JACK HOUSE COMMITTEE PURPOSE EXHIBIT "B" The Jack House Committee assists the Council and Parks and Recreation Department in the administration and restoration of the historic Jack Residence at 536 Marsh Street. The Committee makes recommendations for basic rules and regulations that will allow for the greatest possible public use and enjoyment of the house and grounds, while protecting and preserving the history and integrity of this cultural and recreational facility. STATUS The Committee was established in 1975 as a condition of a deed granting the former residence of the Jack family to the City of San Luis Obispo. The Committee is staffed by the Parks and Recreation Department staff. (Resolution No. 2761 [1975 Series)) MEMBERS The Committee has seven members who are required to be residents and registered voters of the City. Membership consists of one person each from the County Historical Society, Cal Poly School of Architecture faculty, Cal Poly Department of Ornamental Horticulture faculty, and City Parks & Recreation Commission. (Retired Cal Poly faculty members qualify for these positions.) Additionally, there are three members -at -large appointed for four -year terms by the Council. TERMS/LIMITS There are no term limits for members serving on the Jack House Committee. MEETINGS Meetings are held on the second Wednesday of the month at the Parks and Recreation Department Office, 1341 Nipomo Street, at 5:30 p.m. 31 U EXHIBIT "B" MASS TRANSPORTATION COMMITTEE PURPOSE The Mass Transportation Committee assists with an ongoing program of public transit in the City and Cal Poly. As requested, the Committee provides advisory recommendations and input to the Council regarding routes, schedules, capital projects, fares, marketing, and additional services. STATUS The Committee was established in 1972 to study the feasibility of a public mass transit system to serve City residents and visitors. It is staffed by the Transit Manager in the Public Works Department. (SLOMC Chapter 2.20; Bylaws last amended by Resolution No. 9435 [2003 Series]) MEMBERS The Committee has seven voting members, consisting of one Cal Poly employee designated by Cal Poly and one Cal Poly student representative designated by Associated Students, Inc. (ASI); one senior citizen (62 years of age or older); one person from the business community; one person with technical transportation planning experience; one disabled person; one member -at- large, and one student. In addition, when possible, two Alternate members selected from the general public will be appointed. The Cal Poly representatives are exempt from the residency requirements. All other members must be residents and registered voters of the City. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four- year terms. MEETINGS Meetings are held quarterly. The Committee establishes in June annually a regular meeting schedule for the period from July 1 through June 30. The annual meeting schedule includes date, time, and location. 32 PARKS AND RECREATION COMMISSION PURPOSE The Parks and Recreation Commission is a body of citizens appointed to advise the City's Parks and Recreation Department and the Council on the development and operation of recreation programs and parks, and on the implementation of the Parks and Recreation Element of the General Plan. The Commission works closely with the Recreation Director and staff, and with the Parks Maintenance Division of the Public Works Department. FUNCTIONS The Commission advises and makes recommendations on all aspects of the City's parks and recreation programs. The Commission is expected to: 1. Provide leadership in developing a comprehensive recreational program for City residents of all ages. 2. Be familiar with the types of recreation programs and parks that residents need and want. 3. Plan, through implementation of the Parks and Recreation Element, for parks that will be needed in the future as the City grows. 4. Advise the Parks and Recreation Director, as requested, on department administration. STATUS The Commission was originally created in 1941 by Charter. In 1978, the Charter was revised and the Parks and Recreation Commission was re- established by ordinance. (SLOMC 2.16) The Commission is staffed by the Parks and Recreation Department. MEMBERS The Parks and Recreation Commission consists of seven members. Members must be residents and registered voters of the City. TERMS/LIMITS Members of the Commission serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. 33 MEETINGS Meetings are held the first Wednesday of the month at 7:00 p.m. in the Council Chamber located at City Hall, 990 Palm Street. 34 _PERSONNEL .BOARD PURPOSE EXHIRR)IT "B" The Personnel Board exists to provide a forum for hearing both sides of unresolved employee grievances and disciplinary matters. The Board's goal is to bring out all information pertinent to a case and give all interested parties an opportunity to state their views. The Board can then make recommendations to the Council based on complete information, thus relieving the Council of what can be a very time - consuming process. The Board may perform other advisory roles as directed from time to time which are consistent with the Charter and best use the skills and talents of the Board members. FUNCTIONS The Board makes recommendations in two general areas: 1) When an employee appeals a disciplinary action taken against him/her; and 2) When an employee files a grievance that cannot be settled at an administrative level. In the case of a grievance, the Board will give the City Manager an advisory opinion, based on either the written record alone, or on the written record plus sworn testimony taken at a hearing. For a disciplinary case, the Board always holds a hearing pen or closed, according to the employee's wishes. The Board then forwards its findings and recommendations to the Council. The Board has the power to subpoena witnesses and documents for its hearing. If either party asks for a subpoena before the hearing, the Board must issue it. After the hearing begins, subpoenas may be issued at the Board's discretion. Three members constitute a quorum. A member may vote on a recommendation only if he /she is present for the entire hearing, or if the member certifies he /she has listened to a recording, or read the transcript of that portion of the hearing that he /she missed. STATUS In June 1978, City voters approved an amendment to the Charter that required the Council to set up an advisory board for personnel matters. The Board, responsible to the Council, began operating in July 1979. The Human Resources Department provides staff support to the Board. (SLOMC Chapter 2.36.540, Ordinance No. 808 [1979 Series]) The Personnel Board has five members. Members must be residents and registered voters of the City. Although there are no special qualifications for appointment, some knowledge or background in personnel matters is helpful. MEETINGS 35 0 `:D EXHOT "B" The Board meets when a personnel matter requires it. The meetings are held at a time mutually convenient to Board members, staff and other involved persons. TERMS/LIMITS Members of the Board serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. 36 • r b 1, 11M - 1 PLANNING COMMISSION 7 = _ PURPOSE The Planning Commission must regularly make decisions regarding land use policies and specific development applications. Some are recommendations to the Council and some are final, subject to appeal to.the Council. The Commission also reviews and recommends long -range plans for the City's growth and development. FUNCTIONS The Planning Commission makes recommendations to the Council in five areas: 1. General Plan - The Commission reviews proposals on long -range planning policies. These may be in the form of new sections for the General Plan or amendments to the existing plan, or development of Specific Plans or Area Plans, and are brought to the Commission by City planning staff, consultants, and private applicants. 2. Zoning - The Commission reviews proposals for changes in the zoning of land, or in the zoning regulations, and makes recommendations to the Council. In some matters, such as use permits, the Commission's decision is final, unless appealed to the Council 3. Subdivisions - The Commission makes recommendations to the Council on the subdivision of land. 4. Capital Imurovement_Program - The City's long- range financial plan for major municipal construction projects, equipment purchases and planning studies is reviewed for General Plan conformance by the Commission, and its recommendations are forwarded to the Council. 5. City Services and Resources - The Commission reviews the adequacy of City services and resources needed for proposed development. When City facilities or resources are in danger of being overburdened, the Commission offers recommendations to the Council on possible remedies. When Planning Commission decisions are final, the Commission also takes final action on environmental determinations pursuant to the California Environmental Quality Act (CEQA). In weighing decisions on the growth and development of the City of San Luis Obispo, the Commission provides a sounding board for public opinion. Although commissioners do consider the rights and desires of property owners /developers and the general public, they must make their decisions pursuant to the General Plan, ordinances, and other standards and procedures set forth in State and City law. 37 O J STATUS The Commission was established in the 1940s. It is staffed by planners in the Community Development Department who prepare meeting agendas, meet with developers, and handle other functions for the Commission. The Commission is responsible to the Council. (SLOMC Chapter 2.12, Ordinance No. 254N [1944 Series], Ordinance No. 1139 [1989 Series] Bylaws amended by Resolution No. 9467 [2003 Series]) Commissioners are compensated $50.00 per meeting with a monthly maximum of $200.00. (Resolution No. 9189 [2001 Series]) MEMBERS The Planning Commission has seven members who are not necessarily planning professionals. Members must be residents and registered voters of the City. No special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to enhance skills in planning. TERMS/LIMITS Members of the Commission serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. MEETINGS Meetings are held on the second and fourth Wednesday of the month at 7:00 p.m. in the Council Chamber, City Hall. 38 ' � °PROMOTIONAL COORDINATING` COMMITTEE , PURPOSE The Promotional Coordinating Committee's (PCC) goals are to: 1) improve the quality of life available to all residents of and visitors to San Luis Obispo; and 2) promote, in a manner consistent with long - range community goals, the development of San Luis Obispo as a regional hub and tourist center. FUNCTIONS 1. Planning a comprehensive, long -range program to promote tourism in the City. 2. Preparing an annual program consistent with the long -range program. 3. Developing City advertising and promotional programs and projects. 4. Hearing requests from cultural and promotional groups seeking City grants; recommending groups to the Council for funding. 5. Initiating and supporting community cultural activities that are meaningful to residents and visitors alike. 6. Providing a liaison between City committees and civic organizations outside of government that work to promote the quality of life for residents and visitors of the City of San Luis Obispo. STATUS The PCC was established in 1970 as a permanent body responsible to the Council. This Committee is unusual in that it has an annual budget which, while originally developed by formula based on transient occupancy tax and business tax receipts, is no longer formula- funded, but based on annual cost -of- living increases to the prior year's budget. (Council Minutes dated 6/23/70 and Resolution No. 4948 [1982 Series] establishing Bylaws, Bylaws amended by Resolution No. 6592 [1989 Series]) The PCC is staffed by an Administration employee. The PCC has two standing subcommittees. The Grants -in -Aid Committee meets from January to May to evaluate grant applications and make preliminary recommendations to the PCC. The Marketing Subcommittee is responsible for preliminary contract evaluations and the City's Marketing Plan for preliminary recommendations to the PCC. 39 0 0 ul The PCC has seven members. Six of the seven members must be residents of the City of San Luis Obispo. The seventh member is a representative from the Tourism Business Improvement District Board, who is exempt from the residency requirement. The Council usually seeks appointees with experience in some aspect of promotion, advertising and tourism or in community cultural activities. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. MEETINGS Meetings are held the second Wednesday of the month at 5:30 p.m. in the Council Hearing Room, City Hall. 40 TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD PURPOSE The Tourism Business Improvement District (TBID) Board advises the Council in the administration and use of the TBID assessment funds. The Board recommends projects to promote tourism to the City of San Luis Obispo to benefit directly the City's lodging industry. FUNCTIONS I. Develops a comprehensive program to promote tourism to the City of San Luis Obispo and prepares an annual marketing program consistent with industry goals and objectives. 2. Develops advertising and promotional programs and projects to benefit the lodging industry in the City. 3. Presents an annual assessment report to the City Council regarding promotional programs and projects that have been implemented. 4. Performs any other lawful tasks as directed by the Council. STATUS The Tourism Business Improvement District Board was established in 2008 (Ordinance No. 1517). It is staffed by an Administration employee. MEMBERS The Board consists of five members from the San Luis Obispo City lodging industry. One of those members serves as a representative to the Promotional Coordinating Committee. TERMS/LIMITS Members of the Board serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. MEETINGS The TBID Board meets at 1 1:00 on the second Wednesday of each month at City Hall, 990 Palm Street. 41 O O TREE COMMITTEE PURPOSE The Tree Committee makes recommendations to the Council and staff on tree policies and regulations. FUNCTIONS 1. The Committee considers tree removal requests. 2. Working with staff, the Committee prepares and maintains a Master Tree List and a Tree Planting Plan, as provided in the Tree Regulations. (SLOMC 12.24 et. al.) STATUS The Tree Committee was established in 1977, is staffed by the City Arborist, and meets on the fourth Monday of the month to consider tree removal requests and other issues. MEMBERS The Committee has five members who have an interest or expertise in horticulture; one of which is a representative of the Architectural Review Commission. Members must be residents and registered voters of the City. TERMS/LIMITS Members of the Committee serve a term of four years. Members are eligible for re- appointment for an additional four years. Members are subject to a term limit of eight years, or two consecutive four -year terms. MEETINGS The Tree Committee meets at 5:00 p.m. on the fourth Monday of the month at the City's Corporation Yard located at 25 Prado Road. 42 o EXHIBIT "B" section b. tips boa sEinG an EffECtivE memBEa and chain of an aavisoay soay A. UNDERSTANDING YOUR ROLE AND SCOPE OF RESPONSIBILITY After appointment by the Council, the City Clerk will present new advisory body members with a useful binder of information about the City, which includes this handbook. In addition, the City staff member designated to serve in support of your advisory body will schedule an orientation appointment with you. This is your chance to learn more about City government and the scope of responsibility of the advisory body to which you have been appointed. In addition to reading this Handbook (which will answer many of your questions), start preparing for your new role by: 1. Reviewing the City's Mission Statement, Organizational Values, and your advisory body by -laws. 2. Reading the other information provided to you in your orientation binder about the City and your specific advisory body. Keep the binder handy for easy reference and review. 3. Getting to know fellow advisory body members and staff. Learn the history and "language" of your advisory body. Ask about upcoming issues. 4. Considering meeting with the Chair of your advisory body and/or a Council Liaison to learn more about your role and to understand expectations. This will help you focus in on the "big picture" and how you fit in. 5. Becoming familiar with basic meeting management and diplomatic decision - making procedures. 6. Attending training programs and workshops offered to you by the City. B. PREPARE AHEAD FOR MEETINGS Most citizens understand when they apply to serve on an advisory body that they will be making a commitment of time to attend meetings, but many are often surprised by the amount of time it takes to prepare properly for a meeting. Being prepared is key to making good decisions and will strengthen the value of your advisory body's recommendations. 1. Do your homework! This involves setting enough time aside to review thoroughly and consider the entire agenda packet. 43 C j EXHIBIT 669' 2. When you receive your agenda packet, read it carefully. Be prepared to discuss fully, evaluate, and act on all matters scheduled for consideration. Think about: a. The number of items. b. Those items that may be controversial. c. Difficult procedural items. d. Issues you know little about. 3. Visit any sites or facilities that will help you understand the issues. 4. Start a list of questions for staff. 5. Call or meet with staff before the meeting to learn more, if need be. Getting more information ahead of time may make your decision - making easier and help move the meeting. Your questions may also alert staff to issues that others may also be pondering. Advance knowledge assists staff with preparing oral reports and adequately addressing the issues during the meeting. 6. Show up on time and be ready to work. (It's also helpful to be well rested!) C. DEVELOP POSITIVE RELATIONSHIPS Being selected by the City Council to serve on an advisory body is a high honor and provides a unique opportunity for genuine public service. Open, honest and supportive relationships with the City Council, with City staff and fellow members of your advisory body will ensure your success and effectiveness. 1. The proper channel to contact City staff on items of consideration is through the designated City staff person providing support to your advisory body. 2. Demonstrate respect to your fellow advisory body members by being a good listener, by communicating honestly, and by being dependable. 3. Adopt a positive attitude and become a problem - solver. 4. If you have a new idea, propose it to the group as a whole. (See also Section 3.C.2, Continuity of Work and New Ideas.) 5. If friction develops, individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. 6. If differences cannot be resolved, consider consulting with the appropriate individual/s next in line in the "chain of command ": 1) Staff Liaison or Chair, 2) the Department Head, 3) City Manager or Council Liaison. M o J EXHIBIT "B" D. FULLY PARTICIPATE To get the most out of your experience and to be truly effective as a member of an advisory body, it is strongly suggested you participate as fully as possible. Your attendance at meetings is vital. Recognizing that a scheduling conflict may come up from time to time, commit to attending all the meetings of your advisory body. If you are unable to attend, contact the Chair and/or staff liaison as soon as possible prior to the meeting. Advance notice of your absence will prevent an unexpected lack of a quorum and may also avoid delays in project or program approvals. 2. Take an active role. Be an enthusiastic member of the team. 3. If time permits, attend meetings of other advisory bodies or the City Council to stay abreast of current City issues. 4. Volunteer to chair the group or serve on a sub - committee. 5. The City Council looks to its advisory bodies to be their "eyes and ears" of San Luis Obispo. Talk to members of the community about your role, get their input and invite public participation. (See also this section, G -6, Communicate Effectively.) E. ENCOURAGE AND HONOR PUBLIC PARTICIPATION Some advisory body meetings are well attended by the public and others are not. Nevertheless, it's important to remember that everyone is entitled to his or her own opinions. Some members of the public are quite used to speaking before a public body, but most are not. Individuals may address the advisory body to either present an issue or concern, or to speak for or against an item. This may be the first time they have ever done this, and they may find the experience intimidating. Anxiety can be expressed in a variety of ways, including aggressiveness or forgetfulness, so be patient and remember to: I . Be fair and consistent 2. Pay attention to all speakers and actively listen to what they are saying 3. Ask questions for clarification, but avoid debate or "cross - examining" 4. Be sure that your body language is not sending mixed or negative messages 5. See also this section H: Special Tips for the Chairperson. 45 EXHIBIT liByl F. RESPECT INDIVIDUAL VIEWPOINTS Although it may seem like this tip could simply go unsaid, it is important to remember it (especially when you feel very strongly about a matter): Treat fellow members of your advisory body, staff, and the public with respect and courtesy at all times. I . Allow others time to present their views fully 2. Actively listen and seek to understand 3. Avoid interrupting others 4. Be open to new ideas 5. Explore alternatives 6. When necessary, agree to disagree. G. COMMUNICATE EFFECTIVELY Advisory body members serve as a communications link between the community, staff, and City Council. You provide a channel for citizen expression. Not only is it important for you to listen carefully to others, but you also need to be able to communicate effectively what you are hearing and thinking. 1. Take notes to remind yourself of questions you want to ask or important comments you wish to make 2. Be direct, open, and forthright 3. Provide rationale for opinions or recommendations 4. Stay on topic 5. Take your charge seriously, but maintain composure and keep your sense of humor 6. When speaking to the public and/or press, be sure you are representing the majority views of your individual advisory body. Personal opinions should be clearly identified as such. 7. Speak clearly and be sure people can hear you. 8. If you wish to communicate using electronic mail (email), use the tool wisely. It is easy to unintentionally violate the Brown Act, so certain caution must be exercised when using email. (See Section 4, Common Questions about the Brown Act.) Ell 0 H. SPECIAL TIPS FOR THE CHAIRPERSON The Chairperson's main role is to provide the advisory body with group direction and to set the tone for meetings. The Chair must balance being strong enough to move the meeting along and democratic enough to involve all members in the meeting. The effective chairperson: Remembers to explain the public participation process to the audience. (For example: "The commission will hear first from staff who will present the staff report. Commission questions to staff will follow and then the floor will be open to the public, who may comment on the matter. Following public comment, the matter will come back to the commission for our deliberation and action. ") 2. Announces each item before discussion begins. 3. Is even -handed and fair to all participants. 4. Observes specified time limits. 5. Protects commissioners and staff from verbal attacks. 6. Solicits opinions, feelings, and positions from all members. 7. Encourages the generation of alternative solutions. 8. Protects new thoughts from being rejected prior to fair evaluation. 9. Discourages finger pointing and blame- orientated statements or questions. 10. Keeps the discussion focused on the issue. 11. Delays evaluation and analysis of alternatives until all are on the table. 12. Guides the process of screening alternatives and selecting the solution. 13. Attempts to obtain consensus. 14. Moves the meeting along and does not let the advisory body drift off the subject at hand. I. MANAGING DIFFICULT MEETINGS Here are some additional tips for managing any meeting, but particularly the difficult ones: 1. Encourage the designation of a spokesperson for any groups 2. Ask staff to make sure there are plenty of extra agendas and staff reports 3. Establish and announce rules before the meeting begins L 47 lam; i 4. Introduce each item and possible actions J 5. Try not to waste time on routine items 6. Encourage speakers to address the advisory body and not the audience 7. Discourage clapping and shouting 8. Use recesses to help diffuse hostility 9. Adhere to speaker time limits 10. If you don't already, use speaker slips /cards 11. Make sure that all advisory body members are addressing each other, through you, and not the audience 12. Consider continuing an item for further discussion if it appears consensus may not be reached. 48 appendices 49 0 MISSIO E IMT 6691 SAN LUIS OBISPO STYLE Quality with Vision WHO ARE WE? People Serving People ■ A team that puts high value on each citizen it serves. ■ Providers of programs that meet basic service needs of each citizen. ■ Enhancers of the quality of life for the community as a whole. WHAT DO WE STAND FOR? Quality in all Endeavors — Pride in Results ■ Service to the community —the best —at all times. ■ Respect — for each other and for those we serve. ■ Value —ensuring delivery of service with value for cost. ■ Community involvement — the opportunity to participate in attaining the goals of the City. WHERE ARE WE GOING? Into the Future with a Design ■ Planning and managing for levels of service consistent with the needs of the citizens. ■ Offering skills development and organizational direction for employees in order to improve the delivery of municipal services. ■ Developing sources of funding and establishing a sound financial management program which will result in fiscal independence and flexibility in the delivery of City Services. • Providing the residents of the City with accurate and timely information on issues which affect them, and encouraging the full utilization of City services. • Promoting the City as a regional trade, recreational and tourist center and improving the quality of life for residents and visitors. 50 r-, X699. ORGANIZATIONAL VALUES We, as an organization, embrace opportunities to improve our services and the quality and effectiveness of our relationships with the community and our teams. The following values guide and inspire our efforts. Shared Vision, Mission and Goals Honesty, Respect and Trust We have a sense of common purpose and direction pursued with passion and translated into concrete actions. Service We honor commitments, acknowledge legitimate differences of opinion and accept decisions reached with integrity. Initiative and Accountability We are dedicated to the best use of resources to fulfill We take personal responsibility to do what needs to be identified community goals and needs. done and report the results in a straightforward manner. Leadership and Support Innovation and Flexibility We recognize that the ability to lead can be found at all levels and that to create an environment to succeed requires leading by example. Communication We foster open and clear discussion that encourages the willingness to speak up and to listen, within a framework of respect and understanding. We are open to change and willing to try new ways to fulfill the organization's vision, mission, and goals more effectively. Employee Development and Recognition We encourage and support each employee to improve relevant job skills and celebrate personal and team accomplishments. Team Players Stewardship and Ethics We encourage effective working relationships within and between departments and the public to address issues and achieve valuable results. We promote public trust by using City resources wisely, and through consistent fulfillment of these values. 51 W F+'I z FBI O 0 1 N tn "'`1 = o-0 -•- O L O C O m ? •— m 0 4) U ° 2 CL c a N= o f > o° c E o °' U E = a L C p CO C F w cc .� .LU+ r rz ° =� °cz' r_ �Uy U F< Q= 3 E c a�i N 0 L Y p U v o .2 O 4) O C _ H V y N Q) m • w u 0 Q. y O ti t 'c0 cLC m U 4; O l' • L= C a3 C U V rG U r R L ° o o ° L CA O CL s a = L b = L N y V1 4) ;r — O m T O C c ,U bq 4) .0 _❑ U L 0. _ a bo E as i. E •„ o �, m �, m on W E o Q 3. 0 cUa o s y TO CL aj a c - E o do 0 •*' L ° 'O s `-' U m t :'O 'O cr = '•�—" � Z .V i y U Op «+ i a •- ca 4) > U 3 c m U eV+ c o 3 -v ° c a� N a=i N a '> 'C) y .2 O 'C > nn ' E r- > ;',.. -p O O �+ N •p T U ca > 4) L a m 4) WO L a U > p =° o v F °'o F d ° o o n o .. o o`b ti o F o F L R 0 F 0 F E E .`" m E x x c E C. 2tc :d C m z m= E O r ° c 7 a>° E �t c O o U o c j o E o O E U 0 T m c b cLd d �, le .ti ° ti E "C cLa U o N E o° m cEd c = mUZ "�-0 �a JCL 4°i__ > °cL o o� max_ a� o a�� 43 ioG a�U CIC 'Y 00 E L• U 'O C E i' ° c�C' 'O 'O .— .0 U C •C •'p � 13 •� i M a. s C4 y .� F �cCr 4) 'x O a.` �V O s C o �c0r 4) x 3 °' Z 3 a� on E 3 3 N > o Wi— zd �� hC' 0- �•-- o � g z - a U V1 rM Z x U v'l x cF*1 U U N ' ti �-. z x m�= „ •-- U x d a ra F'> aj p c U N _ d p m a) a) E g rz o U ai b = ,p C ti c E m y o o m U o 0 -v 0 U jr" �N/J c •y s.�� bQ �- FE �- c c -�E TE E =° ` ^d•,w¢U -o a° o o mU O co o 0 uU 0 x c o xU ti U a u a N tn g \ , ; 2 CU / ) 2 ® Ka E t \7 « cz ;E \ z �ƒ \ \ ;/ ® a 7 \ § k ( G o2 egs£ _ k 5 t / r; /E \ ƒ§a- 23 bc u3 ��)t S ] .8 i S ©E 0 r8 _ , ) / \gk/ C B a§ E \(�� ')\ e ©tea ee 2/ § /E C) / c E ` - ®C f\ • � 7 �5 ƒ § -;.� V)e ± -§ k § ƒ /§e /�\ ) ƒ ( &'muum. :m2% / § � j r. k u 7 t / k B rm « 3 ® §o 0�0} e =u R / =e