HomeMy WebLinkAboutItem 5f. Consider Amendments to the Council Policies to Allow for Biennial Consumer Price Index Increases to Council, PC, ARC Salaries Item 5f
Department: Administration
Cost Center: 1021
For Agenda of: 4/19/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Megan Wilbanks, Deputy City Clerk
SUBJECT: CONSIDER AMENDMENTS TO THE COUNCIL POLICIES AND
PROCEDURES TO ALLOW FOR BIENNIAL CONSUMER PRICE INDEX
INCREASES TO COUNCIL, PLANNING COMMISSION, AND
ARCHITECTURAL REVIEW COMMISSION SALARIES
RECOMMENDATION
1. Consider amending the Council Policies and Procedures to allow biennial Consumer
Price Index increases for Council, Planning Commission, and Architectural Review
Commission salaries without appointing a Council Compensation Committee; and
2. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, amending its Council Policies and Procedure Manual”; and
3. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis
Obispo, California, setting new salaries for the Mayor, Council Members, Planning
Commissioners, and Architectural Review Commissioners.”
DISCUSSION
City of San Luis Obispo Charter Section 410 (Compensation) provides that compensation
for the Mayor and Council shall be reviewed biennially in even numbered years.
Recommended adjustments would then become effective the following J anuary for the
next two-year period. The Council Policies and Procedures Section 2.6 specifies that a
seven-member citizen committee be appointed by January 31st of even numbered years
and, further, that committee recommendations be forwarded to the Counci l no later than
May 1st. Additionally, in 2001 Council adopted Resolution No. 9189, directing a review of
compensation for Architectural Review Commissioners and Planning Commissioners in
conjunction with its periodic review of Council compensation.
During the biennial review period, should Council choose not to initiate a comprehensive
review of their compensation package via the formation of a Council Compensation
Committee, they may direct staff to increase Council, Planning Commission, and
Architectural Review Commission salaries based on the Consumer Price Index. The
Consumer Price Index (CPI) is updated monthly by the U.S. Bureau of Labor Statistics
and measures the average change in prices over time in a fixed market basket of goods
and services. Historically, the city utilizes the CPI for All Urban Consumers in the Los
Angeles, Long Beach and Anaheim metropolitan area.
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Item 5f
If Council pursues this approach, any change greater than the CPI amount , or to the
totality of the compensation package, would require Council to appoint a Council
Compensation Committee to review the changes and make recommendations to the
Council.
Based on feedback received from Council at the December 7, 2021 meeting, staff is
recommending the Council Policies and Procedures Manual (Attachment A) be amended,
by Resolution (Attachment B), to add the following subsection to Section 2.1 SALARIES
FOR MAYOR AND COUNCIL MEMBERS:
2.1.1 CONSUMER PRICE INDEX INCREASES
In lieu of forming a Council Compensation Committee, Council may approve
biennial Consumer Price Index (CPI) for all Urban Consumers in the Los
Angeles, Long Beach and Anaheim metropolitan area increases applied to
Council, Planning Commission, and Architectural Review Commission
salaries, effective the first full pay period in January.
If Council approves the CPI increase option, the Council may also adopt a Resolution to
set the new salaries for the Mayor, Council Members, Planning Commissioners, and
Architectural Review Commissioners (Attachment C). Based on the year-end totals for
January 2021 (0.9%) and January 2022 (7.5%), the CPI increased 7.5% over the course
of one year. The following sections break down the proposed salary increases for each
body:
City Council
The monthly salaries of the Mayor and Council Members would be increased from
$2,508 to $2,696 and $1,990 to $2,139 per month, respectively. The compensation
package for expenses, benefits, and professional development would remain
unchanged. This increase to salaries will increase Council’s annual budget for the
remainder of the 2021-23 Financial Plan by $1,128 and $3,604 respectively.
Planning Commission Salary
The salaries of the Planning Commissioners would be increased from $75 to $80
per meeting, and the maximum amount not to be exceeded per month would
increase from $300 to $320. This increase to salaries will increase Community
Development’s annual budget for the remainder of the 2021 -23 Financial Plan by
$140.
Architectural Review Commission Salary
The salaries of the Architectural Review Commissioners would be increased from
$75 to $80 per meeting, and the maximum amount not to be exceeded per month
would increase from $300 to $320. This increase to salaries will increase
Community Development’s annual budget for the remainder of the 2021 -23
Financial Plan by $140.
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Item 5f
Previous Council Action
On December 7, 2021, Council directed staff to defer the appointment of a Council
Compensation Committee and directed staff to return to Council with a Resolution
amending the Council Policies and Procedures to allow biennial Consumer Price Index1
increases to Council, Planning Commission, and Architectural Review Commission
salaries without appointing a Council Compensation Committee (Staff Report, Minutes).
Policy Context
The City Council has adopted "Council Policies and Procedure" to define and ensure the
proper conduct of the City's business by the City Council and in compliance with State
law and the City's Charter and Ordinances. The Council periodically revises its Council
Policies and Procedures Manual to ensure clarity and to reflect changes in the la w or
practice.
Public Engagement
No public engagement has been done for this item however the public will have an
opportunity to comment on this at the meeting.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a "Project" under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2022-23
Funding Identified: No
1 The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market
basket of goods and services. The Bureau of Labor Statistics publishes CPls for two population groups: (1)
a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population
and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29
percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers,
groups such as professional, managerial, and technical workers, the self -employed, short-term workers,
the unemployed, and retirees and others not in the labor force.
The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors'
and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each
month, prices are collected in 75 urban areas across the country from about 6,000 housing units and
approximately 22,000 retail establishments-department stores, supermarkets, hospitals, filling stations, and
other types of stores and service establishments. All taxes dir ectly associated with the purchase and use
of items are included in the index.
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Item 5f
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund
State
Federal
Fees
Other:
Total
There is no fiscal impact from this recommendation until FY 2022 -23. Staff are in the
process of developing the 2022-23 Supplemental Budget and will include the proposed
CPI increase of $4,890 (six months) in the staffing budget. All subsequent budgets will
include the CPI increase for the full fiscal year.
ALTERNATIVES
Council could decide not to amend the Council Policies and Procedures to allow for
biennial CPI increases to Council, Planning Commission, and Architectural Review
Commission salaries.
ATTACHMENTS
A - Amendments to the Council Policies and Procedures Manual (Redline)
B - Draft Resolution approving biennial CPI increases to Council, Planning Commission,
and Architectural Review Commission salaries
C - Draft Resolution setting new salaries for the Mayor, Council Members, Planning
Commissioners, and Architectural Review Commissioners
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co CITY COUNCIL
POLICIES AND PROCEDURES
MANUAL
Adopted by the City Council
April 20, 2004, Resolution No. 9554
Updated by the City Council
May 2, 2006, Resolution No. 9794
November 16, 2008, Resolution No. 10041
January 3, 2012, Resolution No. 10323
May 8, 2012, Resolution No. 10354
February 5, 2013, Resolution No. 10422
May 20, 2014, Resolution No. 10524
September 1, 2015, Resolution No. 10664
August 20, 2019, Resolution No. 11039
April 6, 2021, Resolution No. 11237
April 19, 2022, Resolution No. XXXXX
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COUNCIL POLICIES & PROCEDURES
TABLE OF CONTENTS
FOREWORD......................................................................................................................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 .......................................................................................3
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 ..................................................................................6
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 ..................................................................................................9
1.3.6 VOTING PROCEDURES ...........................................................................10
1.3.7 PUBLIC COMMENT .................................................................................11
1.3.8 PUBLIC USE OF VISUAL AIDS AT COUNCIL MEETINGS ................12
1.3.9 CONSENT AGENDA .................................................................................13
1.3.10 COMMUNICATIONS ..............................................................................14
1.3.11 CLOSED SESSIONS….............................................................................14
1.4 MEETING COVERAGE……. ..............................................................................14
CHAPTER TWO
COUNCIL COMPENSATION …..................................................................................16
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....................................16
2.1.1 CONSUMER PRICE INDEX INCREASES……………………………….16
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE ......16
2.3 PROFESSIONAL DEVELOPMENT .....................................................................16
2.3.1 PROFESSIONAL DEVELOPMENT ..........................................................16
2.3.2 START-UP ALLOWANCE ........................................................................16
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2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT ...................................17
2.4.1 CITY BUSINESS ......................................................................................17
2.4.2 MILEAGE ..................................................................................................17
2.5 GENERAL PROCEDURES AND LIMITATIONS ..............................................17
2.5.1 ACCOUNTING ..........................................................................................17
2.5.2 REIMBURSEMENT LIMITATION ...........................................................17
2.5.3 SPECIAL EXPENSES ................................................................................17
2.5.4 OTHER GUIDELINES ...............................................................................18
2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS ............................18
2.6 COUNCIL COMPENSATION COMMITTEE ......................................................18
2.6.1 MEMBERSHIP………................................................................................18
2.6.2 REVIEW RESPONSIBILITY .....................................................................18
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS .................................................................19
3.1 MAYOR - POWERS AND DUTIES .....................................................................19
3.2 APPOINTMENT OF VICE-MAYOR ....................................................................19
3.3 FILLING COUNCIL VACANCIES ......................................................................19
3.3.1 APPOINTMENT OR SPECIAL ELECTION .............................................19
3.3.2 PUBLIC APPOINTMENT ..........................................................................20
3.3.3 ADVERTISE FOR APPLICANTS .............................................................20
3.3.4 QUALIFICATIONS ....................................................................................20
3.3.5 PUBLIC MEETING ....................................................................................20
3.4 ADMINISTERING OATHS: SUBPOENAS .........................................................21
3.5 LIMITATIONS ......................................................................................................21
3.6 METHOD OF ACTION BY COUNCIL ................................................................21
3.7 ORDINANCES ......................................................................................................22
3.8 ACCEPTANCE OF GRANTS OR DEEDS ...........................................................22
3.9 LEGISLATIVE ACTION PROGRAM ..................................................................22
3.10 AMICUS CURIAE PARTICIPATION ................................................................22
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CHAPTER FOUR
THE BROWN ACT ........................................................................................................23
4.1 APPLICABILITY AND PENALTIES ...................................................................23
4.2 MAJOR PROVISIONS ..........................................................................................23
4.2.1 APPLICABILITY ........................................................................................23
4.2.2 MEETINGS .................................................................................................23
4.2.3 AGENDAS ..................................................................................................23
4.2.4 ACTIONS ....................................................................................................23
4.2.5 PUBLIC INPUT...........................................................................................24
4.2.6 PUBLIC DISRUPTIONS ............................................................................24
4.2.7 CORRESPONDENCE .................................................................................24
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...............................24
4.3 SPECIAL MEETINGS ...........................................................................................25
4.4 EMERGENCY MEETINGS ..................................................................................25
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT
AND THE BROWN ACT ......................................................................................25
4.5.1 CITY EMAIL................................................................................................25
4.5.2 PRIVATE SOCIAL MEDIA AND DIGITAL COMMUNICATIONS 26
4.5.3 SOCIAL MEDIA AND BROWN ACT COMPLIANCE 27
4.6 OTHER PROVISIONS ...........................................................................................27
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS & CONDUCT ...............................................28
5.1 INTENT… ..............................................................................................................28
5.2 GUIDELINES FOR COUNCIL MEMBERS .........................................................28
5.2.1 REQUESTS FOR INFORMATION ...........................................................28
5.2.2 DIRECTION TO STAFF .............................................................................28
5.3 GUIDELINES FOR STAFF ...................................................................................28
5.3.1 TIMELY RESPONSE .................................................................................28
5.3.2 DIRECTION FROM COUNCIL .................................................................29
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS.................29
5.3.4 INFORMATION DISTRIBUTION.............................................................29
5.3.5 SIGNIFICANT INFORMATION ..............................................................29
5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS .......29
5.4.1 TELEPHONES ............................................................................................30
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY ..........30
5.4.3 SECURITY ..................................................................................................30
5.4.4 INTERNET ACCESS ..................................................................................30
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5.4.5 ELECTRONIC MAIL (EMAIL) .................................................................31
5.4.6 SUPPORT RESPONSIBILITIES ................................................................31
5.4.7 COUNCIL MEMBER RESPONSIBILITIES .............................................31
5.5 COUNCIL MAIL HANDLING .............................................................................31
5.5.1 PAPER AND ELECTRONIC MAIL, PUBLIC RECORD .........................31
5.5.2 “PRIVATE, PERSONAL, CONFIDENTIAL” MAIL ................................31
5.5.3 PROCESS FOR PAPER MAIL ...................................................................32
CHAPTER SIX
ADVISORY BODY PROCEDURES .............................................................................32
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS .......................33
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES ...........................33
6.1.2 ROLE ...........................................................................................................33
6.1.3 COMMUNICATION ...................................................................................33
6.1.4 EDUCATION ..............................................................................................33
6.1.5 APPOINTMENT AND RECOMMENDATION ........................................33
6.1.6 ATTENDANCE ...........................................................................................33
6.2 COUNTY OR REGIONAL REPRESENTATION ................................................33
6.3 OTHER COUNCIL SUBCOMMITTEES ..............................................................34
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ...........34
6.4.1 INTENT .......................................................................................................34
6.4.2 COUNCIL AGENDA REPORTS ...............................................................34
6.4.3 COUNCIL MEETINGS...............................................................................34
6.4.4 RECOMMENDATIONS .............................................................................34
6.5 ROLE OF CITY STAFF PERSONS ......................................................................35
6.6 APPOINTMENT PROCEDURES .........................................................................35
6.4.1 PURPOSE ....................................................................................................35
6.7 PROCESS ...............................................................................................................35
6.7.1 QUALIFICATIONS ....................................................................................35
6.7.2 TERMS ........................................................................................................36
6.7.3 PROCESS ....................................................................................................36
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CHAPTER SEVEN
COUNCIL CONFIDENTIALITY POLICY .................................................................38
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE .............................38
7.1.1 PURPOSE AND INTENT ...........................................................................38
7.1.2 PROHIBITION AGAINST DISCLOSURE ...............................................38
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE ...........................38
7.3 DEFINITIONS .......................................................................................................38
7.3.1 CAUSE TO BE DISCLOSED .....................................................................38
7.3.2 CONFIDENTIAL INFORMATION ...........................................................39
7.3.3 UNAUTHORIZED PERSON ......................................................................39
CHAPTER EIGHT
COUNCIL CENSURE POLICY ....................................................................................40
8.1 PURPOSE OF CENSURE POLICY ......................................................................40
8.2 DEFINITIONS ........................................................................................................40
8.2.1 CENSURE ...................................................................................................40
8.3 CENSURE PROCEDURE......................................................................................40
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COUNCIL POLICIES AND PROCEDURES
FOREWORD
San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law, the
authority of a general law city is derived only from the powers granted to it by the general laws
adopted by the State Legislature pertaining to the organization and operation of a municipality,
and from the police power (the right of the City to make laws governing health, safety, morals and
welfare for the benefit of the community) granted to it by the State Constitution. On the other hand,
a charter city's power is not defined or limited by the State's general laws. Instead, with respect to
municipal affairs, a charter city's powers are defined by the city's own charter, subject only to the
limitations of the State Constitution. As a result, charter cities usually have more operational
latitude than do the more prevalent general law cities.
A charter serves as the city's "constitution" and may only be amended by a vote of the people.
San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular vote
on several occasions subsequently. In 1955, the Charter was amended to approve a Council-Mayor-
City Manager form of government. The last charter revision occurred on September, 2012.
The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the
City Charter.
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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 The regular business meetings of the Council shall be held on the first
and third Tuesday of each month at the hour of six p.m. or at such other
time as may be designated on the agenda giving notice of the business
meeting and posted at the same time and in the same manner as required
by State law. Regular closed session meetings of the Council shall be held
on the first and third Tuesday of each month at the hour of five p.m. or at
such other time as may be designated on the same agenda giving notice
of the business meeting. In the event that a regular meeting of the council
falls on a legal holiday, then the regular meeting shall be held at the same
place and time on the next succeeding working day (Ord. 1623)
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 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.
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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, consultants, the public, and the City Council
regarding specific programs, projects or policies. Council may provide
direction, but no formal action will be taken during a Study Session. Study
Sessions may be conducted in a variety of formats, including Public
Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City limits
convenient to Council and advantageous for public participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the City
Council on no less than 24 hour notice and as otherwise specified by
Government Code § 54956) (Ord. 959)
1.1.4.2 Any special meeting held at a place other than City Hall shall be open to
the public. Such meetings shall be held within the city limits. Notice
requirements of the Brown Act shall be complied with for any such
meetings; regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
1.1.5 USE OF COUNCIL CHAMBER
1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar
on the use of the Council Chamber and all requests for reservations shall
be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to use the
facility, the City Manager shall have authority to make the final decision.
The following rules are established as a guide:
a. Use of the Council Chamber by City commissions, committees, and
other advisory bodies shall take precedence over any other group or
agency.
b. Favorable consideration shall be given to other governmental agencies
and non-profit groups during regular business hours only, unless
otherwise approved by the City Manager (see exception noted in
Section 1.1.5.2.c). These groups will be charged for the use of the
Council Chamber at the same rate charged governmental agencies and
non-profit groups for use of the Community Room at the City/County
Library. No events of a commercial nature shall be allowed. The
Council Chamber will not be available for use by any non-City
organizations during non-business hours, unless otherwise approved by
the City Manager (see exception noted in Section 1.1.5.2.c).
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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 and/or
City Ballot Measure Forum where the public and all candidates
and/or proponents/opponents to a City ballot measure or candidates
for a particular public office have been invited. Any candidate/ ballot
measure forums to be held in the Council Chamber shall not include
City staff services.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can
be conducted and to effectively implement the approved Council Goals, Financial Plan and
Budget, and also work programs, objectives, and business of the City as established by the
present or earlier City Councils. Agenda items also include recommendations to the City
Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing
procedures, and mandates from other levels of government. Staff shall work within the
policy context established by the Council and will not arbitrarily place matters on the
agenda that are outside the scope of existing work programs of the City, except as approved
by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager
to inform and advise the Council of matters necessary to the proper operation and well-
being of the City.
The process for determining the format and order of the agenda is based primarily on the
order of business adopted by the City Council (See Section 1.2.7). The process for
establishing the order of specific business and public hearing items is a collaborative one
determined largely by anticipated public attendance (those matters involving greater
audience attendance should be scheduled ahead of other items). On a rotating basis,
individual members of the Council shall attend agenda review meetings with the City
Manager and department heads held on the morning of the City Council meeting to discuss
issues and to review upcoming agenda items. In addition, the City Manager, City Attorney
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and City Clerk review the agenda materials with the Mayor. The final agenda is set subject
to the approval of the Mayor, after consultation with the City Manager, City Attorney and
City Clerk.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by submitting a
request, orally or in writing, to consider the matter and by discussing the request during the
Communications section of the regular agenda. Upon consensus of a majority of the
Council, staff will prepare a staff report if formal Council action is required. An individual
Council Member may place an urgency item on an agenda with a minimum of 72 hours
legal notice and a memorandum from the Council Member to the Council and staff setting
forth the substantive issues of the item. For the purpose of this paragraph, urgency shall
arise in those limited situations where an item requires immediate action, and the need to
take immediate action came to the attention of the Council Member subsequent to the
distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties and
responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply
with the City’s approved Council Agenda Preparation Policy. In the event that an advisory
body desires to bring a matter of special consideration to the City Council (new ideas or
concerns, for example), it may request that the item be placed on a future agenda by
submitting a written request to the Council approved by a majority of the advisory body
members and signed by the Chair. During Communications, any member of the Council
may ask for consideration of the request, and upon consensus of a majority of the Council,
a staff report will be prepared and approved by the City Manager or his/her designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during the Public
Comment period at the beginning of every Council meeting, or via other communication
with Council Members, and upon consensus of a majority of Council, a staff report will be
prepared and approved by the City Manager or his/her designee.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with State law.
Generally, only those matters affecting public health or safety and coming to the attention
of the Council after the regular notice deadlines may be considered emergency in nature.
A four-fifths vote of Council is necessary to add an emergency item.
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1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged. However, in extraordinary
situations, a request to reconsider an action taken by the City Council may be considered.
The request must be presented by a Council Member who voted with the majority at the
Council meeting at which the original vote was taken. The vote may be reconsidered during
that meeting, but no later than the next Council meeting. Debate is limited to the question
of whether or not there is a majority of the Council interested in reconsidering the matter.
If a majority of the Council votes to reconsider an action, the matter will be placed on the
next or future agenda.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Call to Order
1.2.7.2 Roll Call
1.2.7.3 Pledge of Allegiance
1.2.7.4 Closed Session Report (if any)
1.2.7.5 City Manager’s Report
1.2.7.6 Presentations
1.2.7.7 Appointments
1.2.7.8 Public Comment
1.2.7.9 Consent Agenda
1.2.7.10 Public Hearings and Business Items
1.2.7.11 Liaison Reports and Communications
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public interest
that appear on a City Council or Planning Commission agenda, as well as all matters where
advertising is required by law. Said advertisements shall include location maps, project
descriptions and posting of property, if required, written in plain English in order to fully
inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of publication
shall be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings.
(Charter § 407)
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as
Presiding Officer.
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1.3.1.3 Seating arrangement of the Council:
1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the
Mayor.
1.3.1.3.2 The Mayor, with the approval of individual Council Members,
shall establish other seating arrangements for regular Council
meetings.
1.3.1.4 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature, except when the City Manager
has been authorized by Council action to sign documents. In the event the
Mayor is unavailable, the Vice Mayor signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of business.
(Charter § 503)
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A member of the City Council or staff shall first address the
Presiding Officer and gain recognition.
1.3.3.1.2 Comments and questions shall be succinct and limited to the
issue before Council.
1.3.3.1.3 Cross-exchange between Council Members and public should
be avoided.
1.3.3.2 Questions to staff:
A Council Member shall, after recognition by the Presiding Officer, address
questions to the designated staff member. Council Members are encouraged
to provide questions to staff prior to meetings and also to attend staff
briefings on complex issues.
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1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized, a Council Member shall not be interrupted
while speaking, except to make a point of order or personal
privilege.
1.3.3.3.2 If a Council Member is called to order while speaking, the
individual shall cease speaking until the question of order is
determined.
1.3.3.3.3 Upon being recognized by the Presiding Officer, members of
staff shall hold the floor until completion of their remarks or until
recognition is withdrawn by the Presiding Officer.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject until
every other Council Member has had the opportunity to speak. Council
Members are encouraged to discuss items during the decision-making
process.
1.3.3.5 Tabling Procedure:
If a motion is made to table a matter, discussion will stop immediately and
a vote on the motion to table will be called for.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure. (Charter § 504)
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the minutes,
he/she should precede the statement with "for the record," or request the
City Clerk to enter it into the record following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's Rules of
Order). The following summarizes the most frequently used actions.
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1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and decorum
during all meetings.
1.3.5.1.2 Discourage side conversations, disruptions, interruptions or
delaying efforts.
1.3.5.1.3 Inform the Presiding Officer when departing from a meeting.
1.3.5.1.4 Limit the use of personal electronic devices to urgent personal
matters while seated at the dais during Council meetings.
1.3.5.1.5 During a public hearing, correspondence between Council
Members or between a member of the public and the Council
regarding the public hearing matter being considered by the
City Council must occur in the open and any communications
outside of the noticed public meeting on which the Council
Member’s decision is based should be disclosed during the
public hearing.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called
to order by the Presiding Officer. If such conduct continues, the Presiding
Officer may call a recess, request the removal of such person(s) from the
Council Chamber, adjourn the meeting, or take such other appropriate
action as permitted by the Brown Act.
1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated
representatives, and those authorized by the Presiding Officer shall be
permitted to sit at the Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his/her designee shall act as the
Sergeant-at-Arms.
1.3.5.4.2 Any Council Member may request the Presiding Officer to
enforce the rules of protocol. Upon motion and majority vote,
the Presiding Officer shall be required to do so.
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1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote, except in the case of a
recusal due to a conflict of interest. Failure of a seated Council Member to
vote will be construed as an affirmative vote. (Charter § 505)
1.3.6.2 No ordinance, resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the
Council. (Charter § 506)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in
compliance with State law and the Council Member will step down and not
participate in the discussion or vote on the item.
1.3.6.4 A vote may be changed by a Council Member only immediately after the
vote has been announced and prior to the introduction of the next agenda
item.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the
motion maker to restate the motion if required for Council or public
clarification.
1.3.6.6 A roll call (voice) vote shall be taken for each Council action. The City
Clerk will call the roll for the roll call vote in the following manner: 1)
Maker of the motion; 2) Member who has seconded the motion; 3)
Additional Council Members in alphabetical order by last name; and 4)
Mayor last. The City Clerk shall state for the record the name of any
Council Member who is recused or has abstained, which abstention will
be counted as a vote with the majority, unless legally required. The
consent agenda will be considered a single action for purposes of the
roll call vote.
1.3.6.7 A general consent vote may be taken at the discretion of the Presiding
Officer, if there are no negative votes or objections by Council Members.
1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and
recorded on any vote. (Charter § 505)
1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the Council.
(Charter § 505)
1.3.6.10 Following the vote, the Mayor shall announce whether the questions have
been carried or defeated.
1.3.6.11 Should a tie vote occur, the Council is required to continue the item by
majority vote or make motions until an action receives three affirmative
votes.
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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 and posted to the City’s website. (GC § 54957.5)
Agenda Correspondence, in general, are correspondence and other documents from the
public, the City Council and City staff regarding Council agenda items received after the
agenda packets have been distributed. Agenda Correspondences may take the following
form: letters and emails from citizens; memos of clarification or revision from City staff;
liaison reports from the City Council; communication items from City Council; late release
or added-on agenda reports.
An Agenda Correspondence is date-stamped. Agenda Correspondences are distributed by
the City Clerk and made available for public review as they are received.
The Mayor will invite comments from the public in support of, or in opposition to, specific
agenda items following the staff report. Oral communications on matters that are not on the
agenda may be provided during the Public Comment period at the beginning of every regular
meeting.
The following are guidelines for providing oral public comments:
1.3.7.1 Immediately prior to scheduled public hearings, members of the public may
address the City Council on items that are not on the printed agenda, or
items on the Consent Agenda. A time limit of three minutes is provided. A
speaker may not yield time to another speaker. A speaker slip should be
filed with the City Clerk, but is not required in order to speak.
1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on
the agenda. Staff may be asked to follow-up on such items.
1.3.7.3 Individuals desiring to speak on an item on the agenda shall:
1.3.7.3.1 Address the Council from the podium after giving name and
city of residence. Speakers shall direct their comments to the
Council, not the audience.
1.3.7.3.2 Comment on the specific matter before the Council with
reasons for the position taken.
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1.3.7.3.3 Limit comments to three (3) minutes until others have had
opportunity to address the Council. The Presiding Officer with
the consensus of Council Members, after all others have
spoken, may allow additional brief comment from speakers
who have already commented on the same agenda item. A
speaker may not yield their time to another speaker.
1.3.7.3.4 Shall register as Municipal Advocates, if they are testifying
as paid representatives, as defined in the Municipal Code
(2.64.020) and shall preface their comments by identifying
themselves as municipal advocates (2.64.050 & 2.64.070).
1.3.7.3.5 Shall avoid personal attacks, abusive language or other
disruptive behavior.
1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall:
1.3.7.4.1 Submit speaker slips to the City Clerk.
1.3.7.4.2 Shall be permitted to speak first during the public comment
portion of the public hearing for not more than ten (10)
minutes.
1.3.7.4.3 Address the Council from the podium after giving their name
and address, and/or the name and address of the
applicant/appellant they are representing. If the
applicant/appellant’s representative is a paid municipal
advocate, they shall comply with Section 1.3.7.3.5 above.
1.3.7.5 After the comment period or public hearing is closed, no member of the
public shall be permitted to address the Council or the staff from the
audience, except at the discretion of the Presiding Officer.
1.3.8 PUBLIC USE OF VISUAL AIDS AT COUNCIL MEETINGS
Members of the public who desire to utilize electronic visual aids to supplement their oral
presentations are encouraged to provide display-ready material to the City Clerk by 12:00
noon on the day of the meeting. Data provided to the City Clerk later than 12:00 noon will be
accepted provided that it is practical for staff, during regular business hours, to verify that the
data is free of viruses and that it is compatible with the City’s computer system. Staff may
recommend that the presenter produce hard copies of their materials and present the copies to
Council during their presentations.
1.3.8.1 Electronic presentations must be provided in a format that can be read on a
standard PC-compatible computer running Microsoft Windows or
Microsoft Office.
1.3.8.2 Upon receipt, the City Clerk will promptly transmit electronic visual aids
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to the City’s Information Technology Division for a determination as to
whether the material is free of viruses.
1.3.8.3 Staff shall preload and queue the electronic visual aid in the City’s media
system and display it when the public member is called upon to speak.
1.3.8.4 Members of the public shall not be permitted to connect equipment,
devices, or storage media directly to the City’s computer system during a
live Council meeting.
1.3.8.5 Members of the public shall not be permitted to access the internet from the
City’s computer equipment.
1.3.8.7 Nothing in this Policy is intended to warrant or otherwise guarantee that
electronic visual aids will successfully display at a City Council meeting.
Members of the public are urged to have hard copies of their presentations
available at the City Council meetings in the event a media system
malfunction occurs.
1.3.9 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.
1.3.9.1 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).
1.3.9.2 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.
1.3.9.3 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.
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1.3.9.4 Pulled items shall be heard at the close of the Consent Agenda unless a
majority of the Council chooses another time.
1.3.10 COMMUNICATIONS
1.3.10.1 The purpose of this time is to allow staff and Council to provide an update
or share information regarding a particular matter. Examples of appropriate
communications would be information of general interest received from
outside agencies, and comments or inquiries received from individuals or
from the public, or requests to agendize future items.
1.3.10.2 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.
1.3.10.3 State law provides that Council can take action only on such matters that
have been noticed at least 72 hours in advance of the meeting, unless special
circumstances are found to exist. Substantive debate or deliberation or
formal action or approval on non-agendized items is not allowed, and such
an item should be placed on the agenda of the next regular meeting.
1.3.10.4 The communications period should not exceed 15 minutes and speaking to
a particular item should be limited to five minutes.
1.3.11 CLOSED SESSIONS (closed to the public)
1.3.11.1 Closed Sessions are regulated pursuant to the Brown Act.
1.3.11.2 No member of the Council, employee of the City, or anyone else present
shall disclose to any person the content or substance of any discussion
which takes place in a closed session unless authorized by a four-fifths vote
of the Council, or as otherwise required by law.
1.3.11.3 Confidential materials provided for Closed Sessions must be returned to the
City Attorney by the conclusion of the Closed Session.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the
awareness and education of the general public regarding the actions and deliberations of the City
Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether presented to
the public live or taped, Council coverage is not to be edited or subjected to editorial
comment.
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1.4.2 All regular City Council meetings shall be cablecast, except for meetings or
portions of meetings which are closed to the public, or when the Council directs
otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City and
operated only by City employees or persons under contract with the City.
1.4.4 Cameras shall be operated so that they are focused only on the officially recognized
speaker, and on any visually displayed information they may be showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s minutes shall remain the official record of Council proceedings.
1.4.7 To assure timely information for the public, Action Updates shall be posted on the
City’s website as soon as possible.
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CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after the
Council Compensation Committee conducts a biennial review and makes a recommendation. See
Section 6 of this Chapter.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered in an official capacity shall be established by resolution duly
adopted and consistent with the rules established in the Charter.
2.1.1 CONSUMER PRICE INDEX INCREASES
In lieu of forming a Council Compensation Committee, Council may approve biennial
Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles, Long Beach
and Anaheim metropolitan area, increases applied to Council, Planning Commission, and
Architectural Review Commission salaries, effective the first full pay period in January.
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. If the
Mayor and Council Members elect to opt out of medical, dental and vision that individual member
will receive the opt out amount equal to City department heads.
Individual Council Members may waive any or all of the compensation provided to them. Such a
waiver shall affect only the individual choosing to waive compensation for the period of time
specified by that individual. An individual waiver shall not be binding on any other current or future
Council Member. Should any Council Member wish to make a change in their individual
compensation, staff will process a personnel action form to effectuate this change.
2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
2.3.1 PROFESSIONAL DEVELOPMENT - INCLUDING TRIPS AND MEETINGS
For costs of professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs. Said allowance shall be used for
out-of-county expenses only and shall be reimbursed in accordance with accepted City Travel
Guidelines.
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2.3.2 START-UP ALLOWANCE
An additional professional development allowance shall be budgeted to each new Mayor and
Council Member to help accelerate his/her comprehension of municipal and legislative
operations during the first 12 months following the taking of office and the amounts shall be
as set forth in the applicable financial plan adopted by the Council.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in the
Financial Plan.
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be used for
in-county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and
similar miscellaneous expenses.
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upon
submittal of an official mileage expense form.
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that
expenditures and reimbursements are in compliance with approved budget allocations. The Mayor
and each Council Member is expected to plan business activities so as to stay within his/her budget.
When exceptional circumstances require that additional amounts be allocated to accounts, formal
Council action shall be required.
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditures
charged to the individual Council Member or Mayor. If any account is depleted prior to the
end of the fiscal year, additional allocations shall require a specific action of the City Council.
Claims for reimbursement as specified in Section 2.4, above, may be submitted monthly but
the aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall
be submitted within the fiscal year. The Council budget shall be available for review in the
City Clerk's Office and the Mayor and Council Members shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local professional
development and conferences. These guidelines include all non-local official meals, tuition or
fees, transportation to meeting sites, materials and telephone usage.
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2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City Council
to represent the City at special meetings, reimbursement shall be made from an unallocated
Travel Expense Account.
2.5.4 OTHER GUIDELINES
Any other travel-related issue not specifically governed in these Policies and Procedures shall
be adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines.
2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS
The Political Reform Act of 1974 (Government Code sections 87200) requires local public
officials to file a Statement of Economic Interest (Form 700) to disclose certain investments,
interests in real property, sources of income, gifts, loans and business positions when
assuming office, annually and when leaving office.
2.6 COUNCIL COMPENSATION COMMITTEE
A seven-member review committee shall be appointed no later than the last City Council meeting in
January in even-numbered years and shall bring its proposed recommendations in resolution form to
the City Council no later than the first City Council meeting in May.
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible, including but not
limited to, one previously elected official, one Personnel Board member, and one
citizen-at-large.
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including salary, benefits,
expense reimbursement, professional development allowances, and any other compensation
provided the City Council. Review should include, but shall not be limited to: 1) compensation
of Council Members 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 Member 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.
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CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other
duties consistent with the office as may be imposed by the Council or by vote of the
people. The Mayor shall be entitled to, and must vote when present, but shall possess
no veto power. As presiding officer of the Council, the Mayor will faithfully
communicate the will of the Council majority to the City Manager in matters of policy.
(Charter § 407)
3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial
purposes and by the Governor for military purposes. In time of public danger or
calamity, the Mayor shall take command of the public forces, maintain order, and
enforce laws. (Charter § 407)
3.1.3 The Mayor may order flags flown on City property to be lowered to half-staff in
mourning for any member of the community designated to have made significant
contributions to the City of San Luis Obispo, in accordance with recognized customs
or practices not inconsistent with state and federal law.
3.1.4 The Mayor shall exercise such other powers and perform such other duties as may be
prescribed by law or ordinance or by resolution of the Council, except as limited by
this Charter. (Charter § 407)
3.1.5 The Mayor may solemnize marriages while in office, (Family Code Section 400.1).
All rules and regulations for the rental of City facilities would apply.
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term and is made on a rotational basis, the
appointment going to the next senior member that has not yet served as Vice Mayor during his/her
Council term. The Vice Mayor shall be appointed at the first meeting in December.
3.3 FILLING COUNCIL VACANCIES
3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406, the Council shall by a majority vote of the remaining Council
Members, appoint a replacement member to the Council within 30 days of the occurrence of
the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it
shall call a special municipal election to fill the vacancy, to be held not sooner than ninety
(90) days or not later than one hundred and fifty (150) days following the occurrence of the
vacancy.
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3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all phases of the
Council process to appoint a replacement member to a vacancy shall be conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member for a
vacancy, the City shall advertise in a local newspaper of general circulation describing the
vacancy and term thereof, requesting applications from those persons interested in being
appointed. In the case of a vacancy due to a current Council Member elected to the Mayor’s
seat, the City Clerk may advertise the vacancy once the County Registrar of Voters has
certified the election results.
3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are (1) residency
in the City for at least 30 days prior to appointment, and (2) elector status at the time of
appointment (Charter § 403), each applicant shall submit a written statement of 500 words or
less covering at least the following areas:
3.3.4.1 The amount of time available each week to devote to the Council.
3.3.4.2 Reasons for wanting to be appointed.
3.3.4.3 Involvement in community affairs and organizations, especially in the
preceding 23-month period.
3.3.4.4 Personal qualifications for the position.
3.3.4.5 Prior experience in government, or areas associated with or doing business
with government.
3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be
held by the Council to consider the selection of an applicant to fill the
vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the public
at least four days before the opening of the meeting.
3.3.5.3 Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
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.
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3.3.5.5 Thereafter, all discussion shall be confined to the Council except for
questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to
nominations by the remaining Council Members. All nominations,
seconding, and voting, shall be done audibly in public.
3.3.5.7 If Council is unable to reach consensus on the appointment and further
consideration is required, Council may adjourn the initial meeting to a
subsequent meeting within 30 days of the occurrence of the vacancy to
attempt to reach a decision.
3.4 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the Council. The Council shall have the power and
authority to compel the attendance of witnesses, to examine them under oath and compel the
production of evidence before it. Subpoenas may be issued in the name of the City and be attested by
the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than constitutional
grounds), shall be deemed contempt and shall be punishable as provided by the general laws of the
State. (Charter § 507)
3.5 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of any City advisory
body, whether composed of citizen volunteers, City employees, or a combination of both. This is not
to be construed as prohibiting members of the Council from serving on Committees or Subcommittees
of the Council itself, or of agencies representing other levels of government. (Charter § 508)
3.6 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly
made and passed.
Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of the
Municipal Code and so remain until amended or voided. All municipal laws relating to taxation or to
possible criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk. Oral
motions shall be recorded only in the minutes of any regular or special meeting of the Council.
(Charter § 601)
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3.7 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and relevant
State law. Ordinances not legally required to have a public hearing shall be set for a public hearing if
the subject matter is controversial or of a special nature. Any Council Member, prior to the time
required for notice and publication, may request the City Manager to set a public hearing on an
ordinance.
No ordinance, resolution or other motion shall be passed or become effective without receiving the
affirmative vote of at least three members of the Council. (Charter § 506)
3.8 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and
consent to the recording of any deed or grant conveying any interest in or easement upon real property
to the City of San Luis Obispo.
3.9 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local government, promote
City goals, and defend the City against legislative actions by state and federal governments that
would weaken local government or take away traditional revenue sources. In order to respond
promptly and proactively to fast-paced legislative changes, the City Council has authorized City
staff to take positions on legislation provided the positions are consistent with the Legislative
Action Priorities established annually by the City Council, and/or resolutions or recommendations
of the League of California Cities.
3.10 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide
significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City
Council has authorized the City Attorney to participate in such briefs, at no cost to the City, if the
Legal Advisory Committee of the League of California Cities has urged participation. (Resolution
No. 8443)
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CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M. Brown Act,
Government Code Section 54950, et al. The intent of the Act is to ensure that deliberations and actions
of local public agencies are conducted in open and public meetings. The law provides for
misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition,
violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all
Council Members assuming office, but the provisions that most directly affect the Council are
summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more members) is
present and information about the business of the body is received;
discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any member of Council or City staff
contact more than one other Council Member for the purpose of
deliberating or acting upon an item pending before the City Council (does
not apply to the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC
§ 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must
meet statutory requirements. (GC § 54954.2)
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda. Exceptions:
4.2.4.1 An emergency situation exists (determined by a majority of the Council).
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4.2.4.2 The need to take action came to the attention of the City subsequent to the
agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the Council;
or if less than 2/3 are present, by unanimous vote).
4.2.4.3 The item was continued to another meeting that was scheduled and posted
within five days of the original agenda. (GC § 54954.2)
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the public that
is within the jurisdiction of the Council. The City has the right to establish time limits on
speakers and the total time allocated for a particular issue. (GC § 54954.3)
4.2.6 PUBLIC DISRUPTIONS
The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or
interferes with the orderly conduct of the meeting.
A portion or all of the public may be removed if willful disruption makes conducting the
meeting "unfeasible"; the press may remain unless they participate in the disruption. (GC §
54957.9)
4.2.7 CORRESPONDENCE
All writings received and/or distributed for discussion or consideration at a public meeting are
public records. (GC § 54957.5)
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with
the City's negotiator; the real property and the person(s) with whom the City
may negotiate must be announced in open session prior to the closed
session. (GC § 54956.8)
4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to
initiate litigation. The litigation or title must be identified in open session
prior to the closed session unless the Council states that to do so would
jeopardize its ability to conclude existing settlement negotiation or
effectuate service of process. A confidential memorandum from the City
Attorney must be submitted to Council no earlier than one week of the
closed session. (GC § 54956.9)
4.2.8.3 Compensation (salaries and benefits) of employees. To review its position
and instruct designated representatives. (GC § 54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or
dismissal, of a public employee, or to hear complaint against the employee,
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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 a minimum of 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.”
4.5.1 CITY EMAIL
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.”
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4.5.2 PRIVATE SOCIAL MEDIA AND DIGITAL COMMUNICATIONS
The City does not provide or support individual social media accounts for councilmembers.
Councilmembers that maintain personal social and other digital media accounts should be
aware that, similar to City email or any other written or recorded communication related to
the official conduct of city business, digital communications, social media posts and
messages by public officials regarding matters that are before the City for action or within
City jurisdiction can be “official city business” subject to laws and policies regarding
freedom of speech, records retention and production, and public transparency. Those laws
and policies include, but are not necessarily limited to, the California and United States
Constitution, the California Public Records Act, the Ralph M. Brown Act, and the City’s
records retention regulations.
It is the intent of this policy to ensure that councilmembers are aware that digital and social
media communications regarding public business that are conducted using private
networks, accounts or devices may be subject to the same laws as other records of public
business and that mishandling of such communications in violation of applicable laws may
subject to councilmembers and the city to liability under applicable laws and may result in
censure of a violating councilmember. This policy is intended to establish parameters for
the management of public, private and political digital and social media accounts in
compliance with applicable laws and in a manner that avoids the potential for public
confusion regarding public, private and campaign related digital and social media activities
of councilmembers.
A councilmember or mayor participating in digital or social media communications shall
maintain and clearly delineate between separate accounts for official, and personal or
campaign statements, taking precaution not to convey personal or campaign
communications in a manner that suggests such communications represent the position of
the City or the City Council as a whole. To avoid ambiguity, all statements, headings,
profile pictures, or biographies on personal or campaign accounts shall not be made in the
name of the position to which the councilmember or mayor was elected, shall clearly reflect
that content on such accounts does not represent the official positions of the City or the
City Council, and shall not display the City logo or any other official City mark or title.
There is no California law requiring public officials to use only government accounts to
conduct public business, but there should be no expectation of privacy if personal accounts
are used to conduct public business.
Statements on official sites and accounts shall contain only official City positions, policies,
or announcements, and all contents and messages communicated on such accounts are
subject to the California Public Records Act. If a councilmember receives an electronic
communication regarding city business on a personal account, they should copy that
information to their official city account for transparency and ease of access for public
records requests.
Digital records relating to public business are required to be in a manner capable of
maintaining the record for the applicable retention period, including through the use of
highlights, bins, or archives for temporary and disappearing stories, reels, posts, or
otherwise. Likewise, public officials should avoid deleting comments or blocking
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individuals on official pages or sites they maintain. In the event that a councilmember
deletes or removes content or blocks a user for threatening, harassing, or discriminatory
content that the councilmember believes constitutes an imminent threat or violation of
harassment or discrimination laws, a copy of the deleted or removed content shall be saved
or retained consistent with city records retention policies and this policy. Social media
content should be treated the same as any written document and retained in accordance
with the City retention schedules or the minimum two-year period required under
California Government Code.
4.5.3 SOCIAL MEDIA AND BROWN ACT COMPLIANCE
To avoid any violations of the Brown Act, consistent with the update provided by AB 992,
councilmembers are permitted to use a social media platform to engage in conversations
or communications on matters within the subject matter jurisdiction of the Council: (a) to
answer questions; (b) to provide information to the public, and (c) to solicit information
from the public. However, a majority of councilmembers may not use social media to
“discuss among themselves” official business. AB 992 broadly defines the meaning of
“discuss among themselves” to include any “communications made, posted, or shared on
an internet-based social media platform between members of a legislative body, including
comments or use of digital icons that express reactions to communications made by other
members of the legislative body.” AB 992 prohibits a councilmember from communicating
directly with the social media of any other member on a subject within the jurisdiction of
the Council.
This social media guidance applies to all internet based social media platforms that are
“open and accessible to the public,” including, but not limited to, blogs, podcasts, Snapchat,
Instagram, Facebook, Twitter, Nextdoor, and Reddit.
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.
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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.
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all requests
made by individual Council Members for information or assistance, provided that, in the
judgment of the City Manager the request is not of a magnitude, either in terms of workload
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or policy, which would require that it more appropriately be assigned to staff through the
collective direction of the City Council. In terms of making this judgment, the following
guidelines should be considered: The request should be specific and limited in scope so that
staff can respond without altering other priorities and with only minimal delay to other
assignments; the request should only impose a "one-time" work requirement, as opposed to
an on-going work requirement; the response to the request should not require a significant
allocation of staff resources (generally defined as consisting of more than one staff person, or
a single staff person working on the issue in excess of 1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole or from the
appropriate management superiors as may be the case. Staff is directed to reject any attempts
by individual members of the Council to unduly influence or otherwise pressure them into
making, changing or otherwise suppressing staff decisions or recommendations, or changing
departmental work schedules and priorities. Staff shall report such attempts to influence them
in confidence to the City Manager, who may inform the Council as a whole of such attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a Council
Member designated by the City Council to represent the City in an intergovernmental role
(e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a
special task force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves written
material that may be of interest to other Council Members, the City Manager will provide
copies of the material to all other Council Members. In making this judgment, the City
Manager will consider whether the information is significant or new or otherwise not available
to the Council or of interest to the Council.
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary by
individual Council Members, which cannot be fulfilled per the above guidelines, should be
raised by the individual Council Member under the "Communications" category of a regularly
scheduled City Council meeting. If so directed by the collective action of the Council, then
staff will proceed to complete the work within Council established deadlines.
5.4 ACCESS TO COMMUNICATIONS / TECHNOLOGY SYSTEMS
The City will provide each Council Member with equal and appropriate communications and
technological devices to facilitate their public service and within the confines of the IT
standards for hardware and software specifications.
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5.4.1 TELEPHONES
The City will provide at their request, each Council Member with direct access to the City’s
telephone system from their homes. Information Technology (IT) staff will coordinate
installation of a telephone line and a telephone with voicemail and fax capability for Council
Member use at home while in office. The City’s Telephone Use Policy applies to Council
Member use of these telephones.
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY
The City will provide each Council Member, at their request, with a complete computer
workstation and related City-standard software for their home use while in office. These
computers and software will be upgraded or replaced pursuant to the City’s computer
replacement policy. Council Member access and use of the City's IT is subject to all City
guidelines concerning the use of its information technology resources. The most important
of these are:
• The City information systems exist solely for the purpose of conducting City
business, not intended for personal use.
• All data (including electronic mail messages) is owned by the City and subject to
public disclosure.
• All software and hardware installations should be made by IT staff on City-owned
machines only. Except for screensavers, personal software is not allowed on City
workstations; and all application software must be owned by the City and used in
compliance with all software licensing agreements.
All City information technology policies are included in the Information Technology
Policies and Procedures Manual, which is available for Council Member review upon
request.
5.4.3 SECURITY
Each Council Member shall have a uniquely assigned user name and password for security
purposes. While this cannot guarantee privacy, confidentiality, or data security, it is an
important component of the City’s overall system protection. Passwords should never be
shared with others.
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.
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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.
5.5 COUNCIL MAIL HANDLING
All incoming mail addressed to the Mayor and Council Members, will be handled by the City
Clerk’s staff in the following manner:
5.5.1 PAPER AND ELECTRONIC MAIL, PUBLIC RECORD
Both paper and electronic mail addressed to Council Members and delivered to City
Hall, or any other City building or facility, or via any City equipment, account, or
network, is presumed to be a public record, subject to retention and disclosure
requirements as set forth in the City’s Records Retention Policy and the California
Public Records Act, unless an express legal exemption or privilege applies. Council
Members shall consult with the City Attorney prior to withholding or destroying
any document or correspondence received in connection with their service for the
City, except as specified herein. Electronic mail is additionally subject to the City’s
Electronic Mail policy and Sections 5.4.2 and 5.4.5. Electronic mail will be retained
and accessed in accordance with applicable laws and City Information Technology
policies.
5.5.2 “PRIVATE, PERSONAL, CONFIDENTIAL” MAIL
Paper mail addressed to an individual Council Member and marked “private,”
“personal” or “confidential” shall be date stamped on the envelope or package and
shall be logged in by City Clerk’s staff in a manner that records the date of receipt,
method of delivery, sender (if reflected on the face of envelope or package
received), and recipient. The original will then be placed in the addressee’s City
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mailbox unopened. If mail has not been retrieved from the Council Member’s
mailbox within 2 business days, such mail shall be retrieved by City Clerk’s staff
and handled in accordance with Section 5.5.3.
5.5.2.1 Once opened and reviewed by the Council Member, any correspondence
that reflects any comment, complaint, inquiry, or request that is or may
be related to any matter of City business shall, within 2 business days, be
copied as the Council Member deems appropriate and the original
document delivered to the City Clerk for handling in accordance with
Section 5.5.3. Personal notes (e.g. birthday or holiday cards) that do not
implicate City business need not be provided to staff or retained pursuant
to Section 5.5.3.
5.5.3. PROCESS FOR PAPER MAIL
All paper mail sent to Council (either as a group or to each Council Member) will
be opened, date stamped and the envelope will be stapled to the back of the
correspondence. Copies of each correspondence will be scanned and distributed to
Council via an email as soon as possible. The original will be filed in the City
Clerk’s office consistent with the City’s document retention policy.
5.5.3.1 Any public correspondence received on behalf of Council that requires
staff to follow up with a response on an issue unrelated to a current
agenda item will be distributed to Council per Section 5.5.3. Once the
written response is prepared by the appropriate department (normally
within two weeks) it will be sent to the person who initiated
correspondence with the City Council, and all Council Members will
receive a copy of the response. Items that require staff follow-up include,
but may not be limited to, complaints, information requests, service
requests, or other similar correspondence. Responses should be provided
in the manner they were received (e.g. an e-mail response is appropriate
for e-mail received, and a written response is appropriate for letters
received in the mail).
5.5.3.2 Any public correspondence received on behalf of Council that is related
to a current agenda item will be handled via the Agenda Correspondence
procedure as stated in Section 1.3.7.
5.5.3.3 Unsolicited mail, advertisements, magazines/journal publications, and
other “junk mail” will be date stamped and placed in a Council Members
inbox for pick up. These items will not be scanned or logged.
5.5.3.4 If City Clerk staff can verify that an email correspondence has been
distributed to all Council Members, it will be handled and retained
pursuant to Section 5.5.3 but will not be redistributed.
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CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES
Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in
December. The Mayor and Vice Mayor shall submit recommendations to the full Council,
rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity
for each member to serve as liaison at least once on each advisory body, when possible. When
terms of office do not allow each member to serve once, members with greatest seniority shall
have first right of selection.
6.1.2 ROLE
Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a
conduit to express the position of the Council and to gain a better understanding of the issues
considered by the advisory body.
6.1.3 COMMUNICATION
The purpose of the liaison assignment is to facilitate communication between the Council and
advisory body.
6.1.4 EDUCATION
Increase the Council's familiarity with the membership, programs, and issues of the advisory
body.
6.1.5 APPOINTMENT RECOMMENDATION
Interview applicants and make recommendations for appointments to the full Council.
6.1.6 ATTENDANCE
From time to time, attend advisory body meetings for observation purposes only. Liaison
members should be sensitive to the fact that they are not participating members of the advisory
body, but are there rather to create a linkage between the City Council and advisory body. In
interacting with advisory bodies, Council Members are to reflect the majority view of the
Council as a whole, rather than their own personal opinions.
6.2 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or regional
committees and boards. One member of the Council shall serve as a voting representative and
one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting delegates
shall reflect the majority view of the Council as a whole, rather than their own personal
opinions.
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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.
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.
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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.
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.
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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 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, 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 half of a full term.
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-purpose1 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 that member has already served two consecutive, full terms on that
advisory body.
1 Technical and special purpose committees are formed to address defined subjects and frequently require members
with specific areas of expertise.
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6.7.3.3 The City Clerk shall post/publish advertisements and take other recruitment
steps in accordance with statutory requirements and as appropriate, inviting
citizens to apply for vacant positions and provide instructions regarding the
application process.
6.7.3.4 Applicants will be encouraged to read the Advisory Body Handbook and
attend at least one meeting prior to the interview with the Council Liaison
Subcommittee.
6.7.3.5 The subcommittee shall interview qualified applicants, inviting the
advisory body Chair to attend (if the Chair is being considered for
reappointment, the Council Liaison Subcommittee shall designate another
representative). The City Clerk will provide the subcommittee with the
Advisory Body Interview Template to assist with the interview process.
6.7.3.6 The Council Liaison Subcommittee shall submit recommendations for
appointment to the entire Council. If a unanimous decision for
recommendation to the full Council cannot be reached, the Council shall
take a separate motion for each candidate proposed by each member of the
Council Liaison Subcommittee.
6.7.3.7 Applicants not appointed will be so advised and their applications held for
consideration in the event of a future vacancy for no less than one year.
Should a vacancy occur on the committee to which they applied, the City
Clerk’s office will contact qualified applicants to determine whether they
want to be reconsidered for the vacancy. However, advertisement of the
vacancy must be made in accordance with statutory requirements and all
applicants will be considered for the vacancy.
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CHAPTER SEVEN
COUNCIL CONFIDENTIALITY POLICY
7.1 PURPOSE AND PROHIBITION AGAINST DISCLOSURE
7.1.1 PURPOSE AND INTENT
In order to keep the City Council fully informed about pertinent legal issues that may
impact the City Council's decision-making, the City Attorney and other attorneys retained
to represent the City issue confidential legal opinions and/or conducts closed sessions when
authorized to do so by the Brown Act. Unauthorized disclosures of confidential
information obtained from such confidential communications harm the City by
compromising the City’s negotiating positions, diminishing the willingness of City staff
and other Council Members to communicate fully and frankly with the City Attorney, and
exposing the City to unwarranted litigation risks and significant damages awards against
the City. It is the intent of the Council that the City’s confidential information shall be
maintained inviolate and that unauthorized disclosures of such information be deterred
and/or censured.
7.1.2 PROHIBITION AGAINST DISCLOSURE
No person in receipt of Confidential Information, as defined herein, shall disclose or cause
to be disclosed all or part of any confidential information to any unauthorized person.
7.2 PUBLIC CENSURE FOR UNAUTHORIZED DISCLOSURE
Any Council Member disclosing or causing to be disclosed confidential information to any
unauthorized person may be subject to public censure by the City Council. Any censure
proceeding shall be conducted in accordance with a process established by the City Council
and shall, at a minimum, ensure that no public censure will occur unless the accused
Council Member has been provided with notice of the accusation of unauthorized
disclosure, the facts supporting such accusation, and an opportunity to be heard regarding
the allegations.
7.3 DEFINITIONS
For purposes of this policy, the following words and phrases shall be defined as follows:
7.3.1. CAUSE TO BE DISCLOSED
Failure to exercise due care in maintaining the confidentiality of the Confidential
Information, whether verbal or written.
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7.3.2 CONFIDENTIAL INFORMATION
7.3.2.1 Any information within the scope of a duly authorized closed session,
whether provided orally or in writing, by any attorney, consultant, staff
member or Council Member acting within the scope of the closed session
(See Gov't. Code Sec. 54963); or
7.3.2.2 Any oral or written communications by or from the City Attorney,
Assistant City Attorney, or any retained counsel representing the City’s
legal interests containing the attorney's legal opinions, advice, thoughts,
mental impressions or conclusions that are given on behalf of the City.
7.3.2.3 Confidential Information does not include information that is: required
by law to be reported out of closed session; authorized to be disclosed by
a majority vote of the City Council; or otherwise authorized to be
disclosed under the law.
7.3.3 UNAUTHORIZED PERSON
7.3.3.1 With respect to confidential information communicated during a closed
session, any person, other than a Council Member, not in attendance at
the closed session; or
7.3.3.2 Any person to whom the oral or written confidential information is not
directed or addressed; or
7.3.3.3 Any person who has a disqualifying conflict of interest in the subject
matter of the confidential information.
7.3.3.4 Unauthorized person does not include Charter Officers and department
heads and the staff of Charter Officers and department heads, when such
persons have a need to know the confidential information in order to
discharge the duties of their positions for the benefit of the City.
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CHAPTER EIGHT
COUNCIL CENSURE POLICY
8.1 PURPOSE OF CENSURE POLICY
In order to deter violations of law and serious violations of adopted City policies, the City Council
may take formal action against its members for such misconduct in the form of censure.
8.2 DEFINITIONS
8.2.1. CENSURE
Censure is a formal Resolution of City Council reprimanding one of its own members for specified
conduct, generally a violation of law or of City policy where the violation of policy is considered
to be a serious offense. Censure should not follow an occasional error in judgment, which occurs
in good faith and is unintentional. Censure carries no fine or suspension of the rights of the member
as an elected official, but a censure is a punitive action that serves as a punishment for wrongdoing.
8.3 CENSURE PROCEDURE
8.3.1 Any member of the City Council may submit, in writing to the Chair of the
Personnel Board, a complaint and request for a censure hearing concerning an
alleged violation of law or serious violation of City policies by another member.
8.3.2 Prior to any formal action by the City Council to censure a member, the person
against whom censure is sought is entitled to due process of law, which requires
notice and the opportunity to be heard and to refute the evidence against him or her,
by means of a censure hearing.
8.3.3 The complaint shall contain specific factual allegations and any supporting
evidence of specific conduct alleged to violate existing law or adopted City policies.
The Personnel Board within 30 business days shall review the record and either (1)
issue an advisory opinion to the Council; or (2) conduct further investigation and/or
a hearing on the matter.
8.3.4 A copy of the complaint and request for censure shall be provided to the accused
Council Member as soon as possible following receipt, but in no event less than 72-
hours prior to the meeting of the Personnel Board at which the complaint and
request for a censure hearing will be considered.
8.3.5 The Personnel Board shall consider whether additional investigation is necessary
and, if so, shall appoint an ad hoc committee to complete the necessary
investigation and make a written report of the investigation to the full Board.
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8.3.6 The ad hoc committee will determine the process by which statements are taken.
Witnesses may choose to provide a signed declaration under penalty of perjury
attesting to his or her knowledge of the facts surrounding the allegations. If a
witness is unwilling to submit such a declaration, the Council may issue a subpoena
to compel the witness testimony before the Personnel Board, consistent with its
subpoena power granted under the City Charter.
8.3.7 The Personnel Board and ad hoc committee, if necessary, shall be staffed by the
Assistant City Attorney and such other administrative support staff as may be
necessary to assist in its investigation and report to the Council.
8.3.8 Upon completion of its review of the complaint and any additional investigation
the committee shall determine if, considering all the facts and evidence, there is
sufficient evidence to believe or not believe that the alleged violation of law or
serious violation of adopted City policy occurred. The Personnel Board shall make
a written report to the Council stating the specific law or policy alleged to have
been violated, and summarizing the complaint, evidence, and the results of any
additional investigation. The Board shall also make a recommendation to the
Council that the complaint is supported by sufficient evidence of a violation of law
or serious violation of adopted City policy to warrant a censure hearing, or,
alternatively, that the complaint is not supported by sufficient evidence of a
violation of law or serious violation of adopted City policy to warrant a Council
censure hearing.
8.3.9 If the Personnel Board determines that the allegations are supported by sufficient
evidence and a censure hearing is warranted, the City Clerk shall be notified and
shall set the matter for a public censure hearing before the City Council; if the
Personnel Board concludes that the allegations are not supported by sufficient
evidence and a censure hearing is not warranted, the Board’s recommendation will
be forwarded to the City Council and no further action taken, unless the City
Council directs, by a majority consensus of the City Council during Council
Communications, the matter to be placed on its agenda for further consideration. In
either case, a copy of the final report shall be provided to the accused member at
the same time it is provided to the City Council.
8.3.10 If a public hearing is set before the City Council, it shall be at least 14 days
following the Personnel Board’s recommendation in order to give the member
subject to censure adequate time to review the allegations and evidence against him
or her and prepare a defense, but no longer than 30 days from the date of the
Personnel Board’s recommendation.
8.3.11 At the hearing, the subject member shall be given an opportunity to make an
opening statement, closing statement, and to question his or her accusers. The
hearing shall not be a formal adversarial hearing and the Rules of Evidence shall
not apply to the proceeding. The subject member may choose to be represented and
to designate his or her representative to speak on his or her behalf.
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8.3.12 A City Council decision to censure requires the adoption of a Resolution making
findings, based on substantial evidence that the member has engaged in conduct
that constitutes a violation of law or a serious violation of an adopted City policy.
The Resolution must be affirmed by at least three affirmative votes of the Council.
The accused Council Member shall not participate in the City Council’s
deliberations after the public hearing is closed or in any vote by the City Council
on the proposed censure.
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R ______
RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING ITS COUNCIL POLICIES AND
PROCEDURE MANUAL
WHEREAS, the City Council has adopted a certain manual entitled “Council
Policies and Procedures” to define and ensure the proper conduct of the City’s business
by the City Council and in compliance with State law and the City’s Charter and
Ordinances; and
WHEREAS, the Council periodically revises its Council Policies and Procedures
Manual to ensure clarity, consistency with State law, and conformity with the City Charter
and Ordinances.
WHEREAS, on December 7, 2021, Council deferred the appointment of a Council
Compensation Committee and directed staff to return to Council with a Resolution
amending the Council Policies and Procedures to allow biennial Consumer Price Index
increases to Council, Planning Commission, and Architectural Review Commission
salaries.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
shall be amended as follows:
2.1.1 CONSUMER PRICE INDEX INCREASES
In lieu of forming a Council Compensation Committee, Council may approve
biennial Consumer Price Index (CPI) for All Urban Consumers in the Los
Angeles, Long Beach and Anaheim metropolitan area increases applied to
Council, Planning Commission, and Architectu ral Review Commission
salaries, effective the first full pay period in January.
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Resolution No. _____ (2022 Series) Page 2
R ______
SECTION 2. Resolution 11237 (2021 Series) is hereby repealed and superseded
to the extent inconsistent herewith.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 22.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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R ______
RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, SETTING NEW SALARIES FOR THE MAYOR,
COUNCIL MEMBERS, PLANNING COMMISSIONERS, AND
ARCHITECTURAL REVIEW COMMISSIONERS
WHEREAS, Charter Section 410 provides for compensation and reimbursement
of expenses for the Mayor and Council Members and establishes a procedure for a
biennial review by a five-member Council Compensation Committee; and
WHEREAS, on December 7, 2021, Council deferred the appointment of a Council
Compensation Committee and directed staff to return to Council with a Resolution
amending the Council Policies and Procedures to allow biennial Consumer Price Index
increases to Council, Planning Commission, and Architectural Review Commission
salaries.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 2.1 of the Council Policies and Procedures shall be amended
to read as follows:
Effective the first full payroll period in January 2023, compensation for services
rendered in an official capacity shall be provided as follows:
The Mayor shall receive a monthly salary of $2,696 and each City Council
Member shall receive a monthly salary of $2,139.
Planning Commissioners shall receive $80 per meeting, not to exceed $320
per month.
Architectural Review Commissioners shall receive $80 per meeting, not to
exceed $320 per month.
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Resolution No. _____ (2022 Series) Page 2
R ______
SECTION 2. Resolution Number 11085 (2020 Series) is hereby repealed and
superseded to the extent inconsistent herewith.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 22.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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