HomeMy WebLinkAboutCouncil Policies and Procedures 2004
City of san luis obispo
COUNCIL POLICIES
AND PROCEDURES
Adopted by the City Council
April 20, 2004, Resolution No. 9554
Council Policies & Procedures Manual 2004 Adopted 4/20/04 by Resolution No. 9554 (2004 Series)
Page 1
FOREWARD
San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law,
the authority of a general law city is derived only from the powers granted to it by the general
laws adopted by the State Legislature pertaining to the organization and operation of a
municipality, and from the police power granted to it by the State Constitution. On the other
hand, a charter city's power is not defined or limited by the State's general laws. Instead, with
respect to municipal affairs, a charter city's powers are defined by the city's own charter, subject
only to the limitations of the State Constitution. As a result, charter cities usually have more
operational latitude than do the more prevalent general law cities.
A charter serves as the city's "constitution" and may only be amended by a vote of the people.
San Luis Obispo's Charter was first adopted on May 1, 1876 and has been amended by popular
vote on several occasions subsequently. In 1955, the Charter was amended to approve a
Council-Mayor-Administrative Officer form of government. The last charter revision occurred
on November 5, 1996.
The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the
City Charter.
COUNCIL POLICIES & PROCEDURES
TABLE OF CONTENTS
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES ...............................................................2
1.1 MEETING SCHEDULE ...........................................................................................2
1.1.1 MEETINGS OF COUNCIL .........................................................................2
1.1.2 REGULAR MEETINGS ..............................................................................2
1.1.3 STUDY SESSIONS ......................................................................................2
1.1.4 SPECIAL MEETINGS .................................................................................3
1.1.5 USE OF COUNCIL CHAMBERS ...............................................................3
1.2 AGENDA ..................................................................................................................4
1.2.1 ESTABLISHING THE COUNCIL AGENDA..............................................4
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)...........5
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)............5
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)........................5
1.2.5 EMERGENCY ITEMS .................................................................................5
1.2.6 RECONSIDERATION .................................................................................5
1.2.7 ORDER OF BUSINESS ...............................................................................6
1.2.8 NOTIFICATION AND ADVERTISING .....................................................6
1.3 MEETING PROCEDURES......................................................................................6
1.3.1 PRESIDING OFFICER ...............................................................................6
1.3.2 QUORUM ....................................................................................................7
1.3.3 DISCUSSION RULES ................................................................................7
1.3.4 PARLIAMENTARY PROCEDURE ...........................................................8
1.3.5 PROTOCOL ................................................................................................8
1.3.6 VOTING PROCEDURES ...........................................................................9
1.3.7 PUBLIC COMMENT ................................................................................10
1.3.8 CONSENT ITEMS ................................................................................12
1.3.9 COMMUNICATIONS ..............................................................................13
1.3.10 CLOSED SESSIONS….............................................................................13
1.4 MEETING COVERAGE……...............................................................................13
CHAPTER TWO
COUNCIL COMPENSATION ….. 15
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ....................................15
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE.......15
2.3 PROFESSIONAL DEVELOPMENT .....................................................................15
2.3.1 PROFESSIONAL DEVELOPMENT .........................................................15
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2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE .............................15
2.3.3 CHANNEL COUNTIES DIVISION MEETINGS……………………….. 16
2.3.4 START-UP ALLOWANCE .......................................................................16
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT...................................16
2.4.1 CITY BUSINESS……..............................................................................16
2.4.2 MILEAGE…………......................................................................................
17
2.5 GENERAL PROCEDURES AND LIMITATIONS...............................................17
2.5.1 ACCOUNTING……. ................................................................................17
2.5.2 REIMBURSEMENT LIMITATION .........................................................17
2.5.3 SPECIAL EXPENSES...............................................................................17
2.5.4 HONORARIUM……................................................................................18
2.5.5 OTHER GUIDELINES .............................................................................18
2.6 COUNCIL COMPENSATION COMMITTEE ......................................................18
2.6.1 MEMBERSHIP………...............................................................................18
2.6.2 REVIEW RESPONSIBILITY ....................................................................18
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS .................................................................19
3.1 MAYOR - POWERS AND DUTIES ....................................................................19
3.2 APPOINTMENT OF VICE-MAYOR ...................................................................19
3.3 FILLING COUNCIL VACANCIES .....................................................................20
3.3.1 APPOINTMENT OR SPECIAL ELECTION ............................................20
3.3.2 PUBLIC APPOINTMENT .........................................................................20
3.3.3 ADVERTISE FOR APPLICANTS ............................................................20
3.3.4 QUALIFICATIONS…...................................................................................
20
3.3.5 PUBLIC MEETING…...................................................................................
21
3.4 GENERAL POWERS OF THE COUNCIL .........................................................21
3.5 ADMINISTERING OATHS: SUBPOENAS .......................................................22
3.6 LIMITATIONS .....................................................................................................22
3.7 METHOD OF ACTION BY COUNCIL ..............................................................22
3.8 ORDINANCES ....................................................................................................22
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3.9 ACCEPTANCE OF GRANTS OR DEEDS ........................................................23
3.10 LEGISLATIVE ACTION PROGRAM ...............................................................23
3.11 AMICUS CURIAE PARTICIPATION ................................................................23
CHAPTER FOUR
THE BROWN ACT ........................................................................................................24
4.1 APPLICABILITY AND PENALTIES .................................................................24
4.2 MAJOR PROVISIONS .......................................................................................24
4.2.1 APPLICABILITY ....................................................................................24
4.2.2 MEETINGS .............................................................................................24
4.2.3 AGENDAS ..............................................................................................24
4.2.4 ACTIONS ................................................................................................25
4.2.5 PUBLIC INPUT.......................................................................................25
4.2.6 PUBLIC DISRUPTIONS ........................................................................25
4.2.7 CORRESPONDENCE .............................................................................25
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS ...........................25
4.3 SPECIAL MEETINGS .........................................................................................26
4.4 ELECTRONIC MAIL (E MAIL), THE PUBLIC RECORDS ACT
AND THE BROWN ACT ....................................................................................26
4.5 EMERGENCY MEETINGS .................................................................................26
4.6 OTHER PROVISIONS ..........................................................................................26
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS & CONDUCT................................................27
5.1 INTENT…..............................................................................................................27
5.2 GUIDELINES FOR COUNCIL MEMBERS ......................................................27
5.2.1 REQUESTS FOR INFORMATION........................................................27
5.2.2 DIRECTION TO STAFF .........................................................................27
5.3 GUIDELINES FOR STAFF ................................................................................27
5.3.1 TIMELY RESPONSE .............................................................................28
5.3.2 DIRECTION FROM COUNCIL .............................................................28
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS ............28
5.3.4 INFORMATION DISTRIBUTION........................................................28
5.3.5 SIGNIFICANT INFORMATION .........................................................28
5.4 REMOTE ACCESS TO COMMUNICATIONS & INFO. SYSTEMS ............29
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5.4.1 TELEPHONES .......................................................................................29
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY .....29
5.4.3 COMPUTER TRAINING ......................................................................29
5.4.4 SECURITY .............................................................................................29
5.4.5 INTERNET ACCESS .............................................................................30
5.4.6 ELECTRONIC MAIL (E MAIL)...........................................................30
5.4.7 SUPPORT RESPONSIBILITIES ...........................................................30
5.4.8 COUNCIL MEMBER RESPONSIBILITIES ........................................30
CHAPTER SIX
ADVISORY BODY PROCEDURES .............................................................................31
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ...................31
6.1.1 COMMUNICATION ..............................................................................31
6.1.2 EDUCATION .........................................................................................31
6.1.3 APPOINTMENT RECOMMENDATION .............................................31
6.1.4 ATTENDANCE ......................................................................................31
6.2 COUNTY OR REGIONAL REPRESENTATION ...........................................31
6.3 OTHER COUNCIL SUBCOMMITTEES .........................................................32
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ......32
6.4.1 INTENT .................................................................................................32
6.4.2 COUNCIL AGENDA REPORTS .........................................................32
6.4.3 COUNCIL MEETINGS.........................................................................32
6.4.4 RECOMMENDATIONS .......................................................................32
6.5 ROLE OF CITY STAFF PERSONS .................................................................33
6.6 APPOINTMENT PROCEDURES ....................................................................33
6.6.1 PURPOSE ..............................................................................................33
6.6.2 COUNCIL SUBCOMMITTEE LIAISONS .........................................33
6.7 PROCESS ........................................................................................................33
6.7.1 QUALIFICATIONS ..............................................................................34
6.7.2 TERMS ..................................................................................................34
6.7.3 PROCESS ..............................................................................................34
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Council Policies & Procedures Manual 2004 Adopted 4/20/04 by Resolution No. 9554 (2004 Series)
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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 Regular meetings shall be held the first and third Tuesday of each month
beginning at 7:00 p.m. In the event that a regular meeting of the Council
shall fall on a legal holiday, that regular meeting shall be held at the same
place and time on the next succeeding working day. (Ord. 677)
1.1.2.2 Regular meetings shall be held in the Council Chambers, 990 Palm Street,
in the City of San Luis Obispo. (Ord. 677)
1.1.2.3 Regular meetings shall be between the hours of 7:00 p.m. and 11:00 p.m.
It shall be the policy of the City Council to complete meetings, including
closed sessions, by 11:00 p.m. unless a majority of the Council elects to
continue past the adjournment hour. If at the hour of 11:00 p.m. the City
Council has not concluded its business, the Council will review the
balance of the agenda and determine whether to extend the meeting
beyond the hour of 11:00 p.m., continue any remaining items, or
adjourn the meeting to another date and time.
1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions between
staff, advisory bodies or consultants, the public, and the City Council
regarding specific programs, projects or policies. Study Sessions may be
conducted in a variety of formats, including Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City limits
and convenient to Council and advantageous for public participation.
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1.1.3.3 Participation of the public shall be at the discretion of the Presiding
Officer, upon consensus of the Council.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the City
Council. (GC § 54956) Written notice of each special meeting must be
given not less than twenty-four (24) hours before such meeting to each
member of the City Council not joining the call. (Ord. 959)
1.1.4.2 Written notice must be given to the City Council (unless dispensed with or
waived pursuant to State law) and to the media twenty four hours prior to
each meeting. (GC § 54956)
1.1.4.3 A supplemental telephone call shall be made if necessary to notify each
Council Member.
1.1.4.4 No business other than that announced shall be discussed.
1.1.4.5 Any special meeting held at a place other than City Hall shall be open to
the public. Such meetings shall be held within the city limits. Notice
requirements of the Brown Act shall be complied with for any such
meetings; regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
1.1.5 USE OF COUNCIL CHAMBERS
1.1.5.1 The City Administrative Officer (CAO), or designee, is responsible for
maintaining a calendar on the use of the Council Chamber and all requests
for reservations shall be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to use the
facility, the CAO shall have authority to make the final decision. The
following rules are established as a guide:
a. Use of the Council Chamber by City commissions, committees, and other advisory
bodies shall take precedence over any other group or agency.
b. Favorable consideration shall be given to other governmental agencies and non-
profit groups during regular business hours only, unless otherwise approved by the
CAO (see exception noted in Section 1.1.5.2.c). These groups will be charged for the
use of the Council Chamber at the same rate charged governmental agencies and
non-profit groups for use of the Community Room at the City/County Library. No
events of a commercial nature shall be allowed. The Council Chambers will not be
available for use by any non-City organizations during non-business hours, unless
otherwise approved by the CAO (see exception noted in Section 1.1.5.2.c).
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c. With the approval of the CAO, other local governmental agencies may use the
Council Chamber for the purpose of live or video cablecasting public hearings and/or
public meetings during regular or non-business hours. The fee charged shall be the
same rate charged governmental agencies for use of the Community Room at the
City/County Library, in addition to the cost for services provided by the City for
cablecasting operations.
d. No admission shall be charged. No events featuring the service of food or drink shall
be allowed.
e. Regularly scheduled meetings by other agencies and groups shall be discouraged.
f. Meetings being held to advocate the election or re-election of a particular candidate
for political office shall not be allowed. However, the Council Chamber may be
used for a Candidate Forum where the public and all candidates for a particular
public office have been invited.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can be
conducted and to effectively implement the approved Council Goals, Financial Plan and
Budget, and also work programs, objectives, and business of the City as established by the
present or earlier City Councils. Agenda items also include recommendations to the City
Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing
procedures, and mandates from other levels of government. Staff shall work within the policy
context established by the Council and will not arbitrarily place matters on the agenda that are
outside the scope of existing work programs of the City, except as approved by the Mayor, and
permitted under the Charter sanctioned instructions for the CAO to inform and advise the
Council of matters necessary to the proper operation and well-being of the City.
The process for determining the format and order of the agenda is based primarily on the order
of business adopted by the City Council (See Section 1.2.8). The process for establishing the
order of specific business and public hearing items is a collaborative one determined largely by
anticipated public attendance (those matters involving greater audience attendance are usually
scheduled ahead of other items). On a rotating basis, individual members of the Council shall
attend agenda review meetings with the CAO and department heads held on the morning of the
City Council meeting to discuss issues and to review upcoming agenda items. In addition, the
CAO, City Attorney and City Clerk review the agenda materials with the Mayor. The final
agenda is set subject to the approval of the Mayor, after consultation with the CAO, City
Attorney and City Clerk.
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1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by submitting a
request, orally or in writing, to consider the matter and by discussing the request during the
Communications section of the regular agenda. Upon consensus of a majority of the Council,
staff will prepare a staff report if formal Council action is required. An individual Council
Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and
a memorandum from the Council Member to the Council and staff setting forth the substantive
issues of the item. For the purpose of this paragraph, urgency shall arise in those limited
situations where an item requires immediate action, and the need to take immediate action
came to the attention of the Council Member subsequent to the distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties and
responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply
with the City’s approved Council Agenda Preparation Policy. In the event that an advisory
body desires to bring a matter of special consideration to the City Council (new ideas or
concerns, for example), it may request that the item be placed on a future agenda by submitting
a written request to the Council approved by a majority of the advisory body members and
signed by the Chair. During Communications, any member of the Council may ask for
consideration of the request, and upon consensus of a majority of the Council, a staff report will
be prepared and approved by the CAO or his designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during the Public
Comment period at the beginning of every Council meeting, or via other communication with
Council Members, and upon consensus of a majority of Council, a staff report will be prepared
and approved by the CAO or his designee.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with state law. Generally,
only those matters affecting public health or safety may be considered emergency in nature. A
four-fifths vote of Council is necessary to add an emergency item.
1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged, however, in extraordinary
situations, a request to reconsider an action taken by the City Council may be considered
provided it is presented by a Council Member who voted with the prevailing side at the Council
meeting where the original vote was taken, or at the next Council meeting. Debate is limited to
the question of whether or not there is a majority of the Council interested in reconsidering the
matter. If a majority of the Council votes to reconsider an action, the matter will be placed on
the next or future agenda.
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1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.5.1 Call to Order
1.2.5.2 Pledge of Allegiance
1.2.5.3 Roll Call
1.2.5.4 Presentations
1.2.5.5 Public Comment
1.2.5.6 Consent Agenda
1.2.5.7 Appointments
1.2.5.8 Public Hearings
1.2.5.9 Business Items
1.2.5.10 Liaison Reports
1.2.5.11 Communications
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public
interest that appear on a City Council or Planning Commission agenda, as well as all
matters where advertising is required by law. Said advertisements shall include
location maps, project descriptions and posting of property, if required, written in
plain English in order to fully inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be reviewed by the City Clerk and will be available to interested
members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings.
(Charter § 407)
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as
Presiding Officer.
1.3.1.3 Seating arrangement of the Council:
1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the
Mayor.
1.3.1.3.2 The Mayor, with the approval of individual Council Members,
shall establish other seating arrangements for regular Council
meetings.
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1.3.1.4 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature, except when the City
Administrative Officer has been authorized by Council action to sign
documents. In the event the Mayor is unavailable, the Vice Mayor
signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of business.
(Charter § 503)
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A member of the City Council or staff shall first address the
Presiding Officer and gain recognition.
1.3.3.1.2 Comments and questions should be limited to the issue before
Council.
1.3.3.1.3 Cross-exchange between Council Members and public should
be avoided.
1.3.3.2 Questions to Staff:
A Council Member shall, after recognition by the Presiding Officer,
address questions to the designated staff member.
1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized, a Council Member shall not be interrupted
while speaking except to make a point of order or personal
privilege.
1.3.3.3.2 If a Council Member is called to order while speaking, the
individual shall cease speaking until the question of order is
determined.
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1.3.3.3.3 Upon being recognized by the Presiding Officer, members of
staff shall hold the floor until completion of their remarks or
until recognition is withdrawn by the Presiding Officer.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject
until every other Council Member has had the opportunity to speak.
Council Members are encouraged to discuss items during the
decision-making process.
1.3.3.5 Tabling Procedure:
Immediately stop discussion and vote.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure. (Charter § 504)
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the minutes,
he/she should precede the statement with "for the record," or request the
City Clerk to enter it into the record following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's Rules). The
following summarizes the most frequently used actions.
1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and decorum
during all meetings.
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1.3.5.1.2 Side conversations, disruptions, interruptions or delaying
efforts are discouraged.
1.3.5.1.3 Inform the Presiding Officer when departing from a meeting.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called
to order by the Presiding Officer. If such conduct continues, the Presiding
Officer may call a recess, request the removal of such person(s) from the
Council Chamber, adjourn the meeting, or take such other appropriate
action as permitted by the Brown Act.
1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated
representatives, and those authorized by the Presiding Officer shall be
permitted to sit at the Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his designee shall act as the
Sergeant-at-Arms.
1.3.5.4.2 Any Council Member may request the Presiding Officer to
enforce the rules of protocol. Upon motion and majority
vote, the Presiding Officer shall be required to do so.
1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote. Failure of a seated
Council Member to vote will be construed as an affirmative vote. (Charter
§ 505)
1.3.6.2 No ordinance, resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the
Council. (Charter § 506)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in
compliance with State law and the Council Member will step down and
not participate in the discussion or vote on the item.
1.3.6.4 A vote may be changed by a Council Member only immediately after the
vote announcement by the City Clerk and prior to the introduction of the
next agenda item.
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1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the
motion maker to restate the motion, if required for Council or public
clarification.
1.3.6.6 Voice vote may be taken at the discretion of the Chair.
1.3.6.7 General consent vote may be taken at the discretion of the Chair, if there
are no negative votes or objections by Council Members.
1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and
recorded on any vote. (Charter § 505)
1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the Council.
(Charter § 505)
1.3.6.10 Following the vote the City Clerk shall announce whether the questions
have been carried or defeated.
1.3.6.11 Tie votes: Should a tie vote occur, the Council is required to continue the
item by majority vote or make motions until an action receives three
affirmative votes.
1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the
audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT (Written and Oral)
Members of the public may address the City Council in a variety of ways. Written comments
on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to
present written comments at least one day prior to the meeting. This provides the Council with
a greater opportunity to review and consider issues and/or concerns expressed in written
communications prior to a meeting. Written comments received before, at or during a Council
meeting are included in the public record. (GC § 54957.5)
The Mayor will invite comments from the public in support of, or in opposition to, specific
agenda items following the staff report. Oral communications on matters that are not on the
agenda may be provided during the Public Comment period at the beginning of every meeting.
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The following are guidelines for providing oral public comments:
1.3.7.1 Immediately prior to scheduled public hearings, members of the public
may address the City Council on items that are not on the printed agenda,
or items on the Consent Agenda. A time limit of three minutes is
provided. A speaker slip must be filed with the City Clerk prior to the
beginning of the meeting.
1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on
the agenda. Staff may be asked to follow-up on such items.
1.3.7.3 Individuals desiring to speak shall:
1.3.7.3.1 Submit speaker slips to the City Clerk.
1.3.7.3.2 Address the Council from the podium after giving name and
city of residence. Speakers shall direct their comments to
the Council, not the audience.
1.3.7.3.3 Comment on the specific matter before the Council with
reasons for the position taken.
1.3.7.3.4 Limit comment to three (3) minutes until others have had
opportunity to address the Council. The Presiding Officer,
after all others have spoken, may allow additional brief
comment from speakers who have already commented on
the same agenda item.
1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying
as paid representatives, as defined in the Municipal Code
(2.64.020) and shall preface their comments by identifying
themselves as municipal advocates (2.64.050 & 2.64.070).
1.3.7.4 Applicants or applicant representatives or appellants desiring to speak
shall:
1.3.7.4.1.1 Submit speaker slips to the City Clerk.
1.3.7.4.1.2 Shall be permitted to speak first during the public
comment portion of the public hearing for not more
than ten (10) minutes.
1.3.7.4.1.3 Address the Council from the podium after giving
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their name and address, and/or the name and address
of the applicant/appellant they are representing. If the
applicant/appellant’s representative is a paid
municipal advocate, they shall comply with Section
1.3.7.3.5 above.
1.3.7.5 After the public hearing is closed, no member of the public shall be
permitted to address the Council or the staff from the audience, except at
the discretion of the Presiding Officer.
1.3.8 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to expedite
the meeting, therefore, only items that are routine, relate to implementation of approved
budget items or to City operations, are second readings of ordinances, or are items to be
later set for public hearing are to be placed on the Consent Agenda. Items of significant
neighborhood or community public interest should be heard as a Public Hearing or
Business item, and not placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on any item
without it being pulled from the Consent Agenda. When a Council
Member has a minor question for clarification concerning a consent item
that will not involve extended discussion, the item may be pulled for
clarification at the beginning of the meeting and the questions will be
addressed along with the rest of the Consent Agenda. There should be no
objections at this time. Council Members are encouraged to seek
clarifications prior to the meeting (if at all possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to
register a dissenting vote, a request should be made that the item be pulled
for separate vote without discussion. Such items will also be handled at
the beginning of the meeting along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion. A member
of the public may request the Council to pull an item for discussion.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a
majority of the Council chooses another time.
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1.3.9 COMMUNICATIONS
1.3.9.1 The purpose of this time is to allow staff and Council to provide an update
or share information regarding a particular matter. Examples of
appropriate communications would be information of general interest
received from outside agencies, and comments or inquiries received from
individuals or from the public, or requests to agendize future items.
1.3.9.2 If possible, written material connected with a particular communication
item should be provided to the CAO sufficiently in advance of the meeting
to be distributed with the regular agenda materials.
1.3.9.3 State law provides that Council can take action only on such matters that
have been noticed at least three days in advance of the meeting, unless
special circumstances are found to exist. Formal action or approval on
non-agendized items is not allowed, and such an item should be placed on
the agenda of the next regular meeting.
1.3.9.4 The communications period should not exceed 15 minutes and speaking to
a particular item should be limited to five minutes.
1.3.10 CLOSED SESSIONS (closed to the public)
1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act.
1.3.10.2 No member of the Council, employee of the City, or anyone else present
shall disclose to any person the content or substance of any discussion
which takes place in a closed session unless authorized by a four-fifths
vote of the Council, or as otherwise required by law.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the
awareness and education of the general public regarding the actions and deliberations of the City
Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether presented to
the public live or taped, Council coverage is not to be edited or subjected to
editorial comment.
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1.4.2 All City Council meetings shall be cablecast, except for meetings or portions of
meetings which are closed to the public, or when the Council directs otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City and
operated only by City employees or persons under contract with the City.
1.4.4 Cameras shall be operated so that they are focused only on the officially
recognized speaker, and on any visually displayed information they may be
showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s minutes shall remain the official record of Council proceedings.
1.4.7 Tips on the Dais.
1. Avoid saying things near a microphone you do not wish heard.
2. Ask all speakers to come forward to the podium. Speakers shall direct their
comments to the Council, not the audience. Discourage people from speaking
from the audience.
3. Certain colors of clothing present difficulties to the television system, and thus
can be distracting to viewers at home. White causes glare and makes the picture
around it appear dark, with loss of detail. Bright red and orange reproduce poorly
on television and can also cause glare problems. Clothing with fine patterns, such
as stripes and grids, can cause a rainbow effect in the picture that is extremely
distracting. Shiny objects that reflect light should be avoided. Good colors for
television include blues, greens, browns, grays, and most pastels.
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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
Effective January 1, 2001, compensation for services rendered in an official capacity shall be
provided as follows: Members of the City Council shall receive $900 per month; and the Mayor
shall receive a monthly salary of $1,100. (Res. 9035, 2000 series).
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE
The Mayor and Council Members shall be entitled to city-funded participation in P.E.R.S.
retirement. The City shall contribute an amount equivalent to that received by City department
heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision
and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council
Members in cash.
2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
2.3.1 PROFESSIONAL DEVELOPMENT
For costs of professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs. Said allowance shall be used for
out-of-county expenses only and shall be reimbursed in accordance with accepted City Travel
Guidelines:
Annual Allowance:
Council Member $1500
Mayor $1800
2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE
For the cost of participating in the Annual Conference of the League of California Cities. The
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City shall also reimburse the following costs for spousal participation, which is encouraged:
- Double room instead of a single room.
- Spousal registration fees to attend Conference seminars (this does not include
reimbursement for recreational activities that may be offered by the League during
meeting activities).
- Travel expenses only if a bus, train, or plane must be used rather than a city vehicle.
If the public official uses his/her personal vehicle, travel reimbursement shall be
provided only the employee.
- Meals that spouses are expected to attend as part of directly-related Conference
activities will be reimbursed at the same per diem as the public official.
2.3.3 CHANNEL COUNTIES DIVISION MEETINGS
When the spouse of an official or employee is expected to attend a quarterly meeting of the Channel
Counties Division of the League, the meal expense will be paid by the City with the authorization of
the City Administrative Officer.
2.3.4 START-UP ALLOWANCE
An additional professional development allowance up to $1,000 shall be budgeted to each new
Mayor and Council Member to help accelerate his/her comprehension of municipal and
legislative operations during the first 12 months following the taking of office.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows:
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be used for
in-county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and
similar miscellaneous expenses.
Quarterly Expense Allowance:
Council Member $300
Mayor $450
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2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upon
submittal of an official mileage expense form:
Quarterly Mileage Allowance:
Council Member $300
Mayor $450
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that
expenditures and reimbursements are in compliance with approved budget allocations. The Mayor
and each Council Member is expected to plan business activities so as to stay within his/her budget.
When exceptional circumstances require that additional amounts be allocated to accounts, formal
Council action shall be required.
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditures
charged to the individual Council Member or Mayor. If any account is depleted prior to the
end of the fiscal year, additional allocations shall require a specific action of the City Council.
Claims for reimbursement as specified in Section 4, above, may be submitted monthly but the
aggregate of three monthly claims may not exceed the quarterly maximum. Receipts shall be
submitted within the fiscal year. The Council budget shall be available for review in the City
Clerk's Office and the Mayor and Council Members shall receive periodic statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local professional
development and conferences. These guidelines include all non-local official meals, tuition or
fees, transportation to meeting sites, materials and telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City Council to
represent the City at special meetings, reimbursement shall be made from an unallocated Travel
Expense Account.
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2.5.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her participation in
a meeting or conference, the amount of the honorarium shall be deducted from the amount
normally provided by the City for that meeting or conference if the City paid for the Council
Member's attendance at such meeting or conference.
2.5.5 OTHER GUIDELINES
Any other travel-related issue not specifically governed in this resolution shall be adjudicated
in accordance with the City of San Luis Obispo adopted Travel Guidelines.
2.6 COUNCIL COMPENSATION COMMITTEE
A five-member review committee shall be appointed by January 31, in even-numbered years and
shall bring its proposed recommendations in resolution form to the City Council within 90 days, or
no later than May 1st.
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible, including but not
limited to, one previously elected official, one Personnel Board member, and one
citizen-at-large.
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including salary, benefits,
expense reimbursement, professional development allowances and any other compensation
provided the City Council. Review should include, but shall not be limited to: 1)
compensation of Council and Mayors of cities of similar population/budget size; 2)
compensation practices of both Charter and General Law cities; 3) Government Code
provisions for General Law cities; and 4) Council and Mayor responsibilities in San Luis
Obispo at the time of the committee's review; and, 5) any structural changes that may have
occurred in municipal government either as a result of State legislation or by actions of the
local electorate that may have added to or deducted from the duties and responsibilities of the
Council Members and/or Mayor.
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CHAPTER 3
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other duties
consistent with the office as may be imposed by the Council or by vote of the people. The
Mayor shall be entitled to, and must vote when present, but shall possess no veto power.
As presiding officer of the Council, the Mayor will faithfully communicate the will of the
Council majority to the Administrative Officer in matters of policy. (Charter § 407)
3.1.2 The Mayor shall present an annual work program to the Council for its consideration at
the first meeting in May. The Mayor shall have the responsibility for forwarding the work
program approved by the Council. The Mayor should submit the annual work program at
the beginning of the budget process to allow incorporation into the Council goal-setting
process. (Charter § 407)
The Mayor shall be recognized as the official head of the City for all ceremonial purposes,
and by the Governor for military purposes. In time of public danger or calamity, the
Mayor shall take command of the public forces, maintain order, and enforce laws.
(Charter § 406)
3.1.4 The Mayor may order flags flown on City property to be lowered to half-staff in mourning
for any member of the community designated to have made significant contributions to
the City of San Luis Obispo, in accordance with recognized customs or practices not
inconsistent with State and Federal law.
3.1.5 The Mayor shall exercise such other powers and perform such other duties as may be
prescribed by law or ordinance or by resolution of the Council, except as limited by this
Charter. (Charter § 407)
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term and is made on a rotational basis,
the appointment going to the next senior member. The Vice Mayor shall be appointed at the first
meeting in December.
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3.3 FILLING COUNCIL VACANCIES
3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406, the Council shall by a majority vote of the remaining Council
members, appoint a replacement member to the Council within 30 days of the occurrence of
the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it
shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90)
days or not later than one hundred and fifty (150) days following the occurrence of the
vacancy.
3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all phases of the
Council process to appoint a replacement member to a vacancy shall be conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member for a
vacancy, the City shall advertise in a local newspaper of general circulation describing the
vacancy and term thereof, requesting applications from those persons interested in being
appointed.
3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are (1) residency in
the City for at least 30 days prior to appointment, and (2) elector status at the time of
appointment (City Charter § 403), each applicant shall be encouraged to submit a written
statement of 200 words or less covering at least the following areas:
3.3.4.1 The amount of time available each week to devote to the Council.
3.3.4.2 Reasons for wanting to be appointed.
3.3.4.3 Involvement in community affairs and organizations, especially in the
preceding 23-month period.
3.3.4.4 Personal qualifications for the position.
3.3.4.5 Prior experience in government, or areas associated with or doing business
with government.
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3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be
held by the Council to consider the selection of an applicant to fill the
vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the
public at least four days before the opening of the meeting.
3.3.5.3 Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
3.3.5.4 At the meeting each applicant wishing to serve should be present to verify
that they would be willing to serve if appointed, and that they are residents
of the City. Each candidate will be given five minutes to make a
presentation to Council.
3.3.5.5 Thereafter, all discussion shall be confined to the Council except for
questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor to
nominations by the remaining Council Members. All nominations,
seconding, and voting, shall be done audibly in public.
3.3.5.7 If no person is appointed, the Council may adjourn the meeting from time
to time to attempt to reach a decision at any time within 30 days of the
occurrence of the vacancy.
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions and restrictions contained in this Charter and the delegation of power, if
any, to any person, officer, Board, or Commission, the Council shall have the power in the name of
the City, to do and perform all acts and things appropriate to a municipal corporation and the general
welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the
State of California, or which now or hereafter would be competent for this Charter to specifically
enumerate.
No enumeration or specific statement herein of any particular powers shall be held to be exclusive
of, or a limitation of, the foregoing general grant of powers. (Charter Section 501)
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3.5 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the Council. The Council shall have the power and
authority to compel the attendance of witnesses, to examine them under oath and compel the
production of evidence before it. Subpoenas may be issued in the name of the City and be attested
by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as provided by the
general laws of the State. (Charter § 507)
3.6 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of any City
Board, Committee, or Authority, whether composed of citizen volunteers, City employees, or a
combination of both. This is not to be construed as prohibiting members of the Council from
serving on Committees or Subcommittees of the Council itself, or of agencies representing other
levels of government. (Charter § 508)
3.7 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly
made and passed.
Ordinances shall become a part of the Municipal Code and so remain until amended or voided. All
municipal laws relating to taxation or to possible criminal action against an offender shall be in the
form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council.
(Charter § 601)
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and relevant
state law. Ordinances not legally required to have a public hearing shall be set for a public hearing if
the subject matter is controversial or of a special nature. Any Council Member, prior to the time
required for notice and publication, may request the CAO to set a public hearing on an ordinance.
No ordinance, resolution or motion shall be passed or become effective without receiving the
affirmative vote of at least three members of the Council. (Charter § 506)
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3.9 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and
consent to the recording of any deed or grant conveying any interest in or easement upon real
property to the City of San Luis Obispo.
3.10 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local government, promote
City goals, and defend the City against legislative actions by state and federal governments that
would weaken local government or take away traditional revenue sources. In order to respond
promptly and proactively to fast-paced legislative changes, the City Council has authorized City
staff to take positions on legislation provided the positions are consistent with the Legislative
Action Priorities established annually by the City Council, and/or resolutions or
recommendations of the League of California Cities. (Resolution No. 8912)
3.11 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide
significance to cities. Because of the often short time limits for filing amicus curiae briefs, the
City Council has authorized the City Attorney to participate in such briefs, at no cost to the City,
if the Legal Advisory Committee of the League of California Cities has urged participation.
(Resolution No. 8443)
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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,
State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and
actions of local public agencies are conducted in open and public meetings. The law provides for
misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition,
violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to all
Council Members assuming office, but the provisions that most directly affect the Council are
summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more) members are
present and information about the business of the body is received;
discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any member of Council or City staff
contact more than two Council Members for the purpose of deliberating or
acting upon an item pending before the City Council (does not apply to the
public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is acceptable.
(GC § 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must
meet various requirements. (GC § 54954.2)
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4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda. Exceptions:
4.2.4.1 An emergency situation exists, (determined by a majority of the Council.)
4.2.4.2 That the need to take action came to the attention of the City subsequent to
the agenda being posted (determined by 2/3 vote, i.e. 4 votes, of the
Council; or if less than 2/3 are present, by unanimous vote.)
4.2.4.3 The item was continued to another meeting that was scheduled and posted
within five days of the original agenda. (GC § 54954.2)
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the public that is
within the jurisdiction of the Council. The City has the right to establish time limits on
speakers and the total time allocated for a particular issue. (GC § 54954.3)
4.2.6 PUBLIC DISRUPTIONS
The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or
interferes with the orderly conduct of the meeting.
A portion or all of the public may be removed if willful disruption makes conducting the
meeting "unfeasible"; the press may remain unless they participate in the disruption. (GC §
54957.9)
4.2.7 CORRESPONDENCE
All writings received and/or distributed for discussion or consideration at a public meeting are
public records. (GC § 54957.5)
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with
the City's negotiator; the real property and the person(s) with whom the
City may negotiate must be announced in open session prior to the closed
session. (GC § 54956.8)
4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to
initiate litigation; the litigation or title must be identified in open session
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prior to the closed session unless the Council states that to do so would
jeopardize its ability to conclude existing settlement negotiation or
effectuate service of process. A confidential memorandum from the City
Attorney must be submitted to Council within one week of the closed
session. (GC § 54956.9)
4.2.8.3 Compensation (salaries and benefits) of employees; to review its position
and instruct designated representatives. (GC § 54957.6)
4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or
dismissal, of a public employee, or to hear complaint against the
employee, unless the employee requests a public hearing. (GC § 549576)
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with strict notification
requirements delivered to the media and Council 24 hours before the time of the meeting. (GC §
54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24 hour notice and posting requirements
if prompt action is required due to the disruption or threatened disruption of public facilities.
Only work stoppages, crippling disasters or other activities that severely impair the public health
and/or safety qualify for emergency meetings. (GC § 54956.5.)
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN
ACT
City email is no less a part of “official city business” than any other written correspondence, and
there is no expectation of privacy for city email messages. Good judgment and common sense
should therefore prevail at all times regarding its appropriate use. For further detail, please see the
City’s “Electronic Mail Policy” and Chapter 5 of this manual.
City email is subject to disclosure under the Public Records Act and is subject to the requirements of
the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts
between members of the Council, or the public or staff, great care should be taken to avoid the use of
email to contact a majority of the Council, either individually or serially, “in a connected plan to
engage in collective deliberation on public business.”
4.6 OTHER PROVISIONS
The Brown Act provides for many other restrictions and requirements; this chapter is intended
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merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the
provisions of the Brown Act. Since State law constantly changes, it is important to ensure you have
the latest information. Please check with the City Attorney and/or the City Clerk for more
information.
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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 CAO.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done through the CAO.
Individual members of the Council shall make no attempt to pressure or influence staff
decisions, recommendations, workloads, and schedules, and departmental priorities without the
prior knowledge and approval of the Council as a whole.
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to keep the
Council informed. Staff shall present the Council with all relevant information, as well as
alternatives, in an objective, succinct manner. The CAO and staff are committed to treating
each Council Member equally.
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5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all requests
made by individual Council Members for information or assistance, provided that, in the
judgment of the City Administrative Officer the request is not of a magnitude, either in terms of
workload or policy, which would require that it more appropriately be assigned to staff through
the collective direction of the City Council. In terms of making this judgment, the following
guidelines should be considered: The request should be specific and limited in scope so that
staff can respond without altering other priorities and with only minimal delay to other
assignments; the request should only impose a "one-time" work requirement, as opposed to an
on-going work requirement; the response to the request should not require a significant
allocation of staff resources (generally defined as consisting of more than one staff person, or a
single staff person working on the issue in excess of 1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole or from the
appropriate management superiors as may be the case. Staff is directed to reject any attempts
by individual members of the Council to unduly influence or otherwise pressure them into
making, changing or otherwise suppressing staff decisions or recommendations, or changing
departmental work schedules and priorities. Staff shall report such attempts to influence them
in confidence to the City Administrative Officer, who may inform the Council as a whole of
such attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a Council
Member designated by the City Council to represent the City in an intergovernmental role (e.g.,
membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task
force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves written
material that may be of interest to other Council Members, the CAO will provide copies of the
material to all other Council Members. In making this judgment, the CAO will consider
whether the information is significant or new or otherwise not available to the Council or of
interest to the Council.
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary by
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individual Council Members, which cannot be fulfilled per the above guidelines, should be
raised by the individual Council Member under the "Communications" category of a regularly
scheduled City Council meeting. If so directed by the collective action of the Council, then
staff will proceed to complete the work within Council established deadlines.
5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY
SYSTEMS
5.4.1 TELEPHONES
The City will provide each Council Member with direct access to the City’s telephone system
from their homes. Information Technology (IT) staff will coordinate installation of a telephone
line and a telephone with voice mail and fax capability for Council Member use at home while
in office. The City’s Telephone Use Policy applies to Council Member use of these telephones.
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY
The City will provide each Council Member with a complete computer workstation and
related City-standard software for their home use while in office. These computers and
software will be upgraded or replaced pursuant to the City’s computer replacement policy.
Council Member access and use of the City's IT is subject to all City guidelines concerning
the use of its information technology resources. The most important of these are:
• The City information systems exist solely for the purpose of conducting City
business, not intended for personal use;
• All data (including electronic mail messages) is owned by the City and subject to
public disclosure;
• All software and hardware installations should be made by IT staff. Except for
screensavers, personal software is not allowed on City workstations; and all
application software must be owned by the City and used in compliance with all
software licensing agreements.
All City information technology policies are included in the Information Technology
Policies and Procedures Manual, which is available for Council Member review upon
request.
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5.4.3 SECURITY
Each Council Member shall have a uniquely assigned user name and password for security
purposes. While this cannot guarantee privacy, confidentiality or data security, it is an
important component of the City’s overall system protection. Passwords should never be
shared with others.
5.4.4 INTERNET ACCESS
Council Members are authorized to use the City Internet connection, which includes electronic
mail, for the purpose of conducting City business and communicating with the public. The City
Internet Access and Use Policy is applicable to Council Members.
5.4.5 ELECTRONIC MAIL (EMAIL)
Council Members will have access to the City electronic mail (Email) system that will allow
Email communication internal to the City and with others via the Internet. Email
correspondence sent and received by members of the City Council via the City website are
public records and subject to disclosure. The City Electronic Mail Policy is applicable to
Council Members.
5.4.6 SUPPORT RESPONSIBILITIES
5.4.6.1 IT staff is responsible for installing all remote access hardware and software,
including computer workstations, printers, telephones and fax machines, and for
removing them at the end of the Council Member’s term of office.
5.4.6.2 Administration will coordinate training on standard City application software,
technical support and service, and provide related office supplies.
5.4.7 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology resources in
accordance with the City’s normal polices, procedures, and guidelines.
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CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS
Annually, the Mayor shall appoint two members of the City Council to serve in a liaison capacity to
each City advisory body (includes commissions, committee and boards). The subcommittee shall
consist of the Chair and one Member. (See 6.6.2 for appointment procedures).
Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a conduit to
express the position of the Council and to gain a better understanding of the issues considered by the
advisory body.
6.1.1 COMMUNICATION
The purpose of the liaison assignment is to facilitate communication between the Council and
advisory body.
6.1.2 EDUCATION
Increase the Council's familiarity with the membership, programs and issues of the advisory
body.
6.1.3 APPOINTMENT RECOMMENDATION
Interview applicants and make recommendations for appointments to the full Council.
6.1.4 ATTENDANCE
From time to time, attend commission meetings for observation purposes only. (ABH § II,C)
Liaison members should be sensitive to the fact that they are not participating members of the
advisory body, but are there rather to create a linkage between the City Council and advisory
body. In interacting with advisory bodies, Council Members are to reflect the majority view of
the Council as a whole, rather than their own personal opinions.
6.2 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or regional
committees and boards. One member of the Council shall serve as a voting representative and
one member shall serve as alternate. (See 6.6.2 for appointment procedures). Voting delegates
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shall reflect the majority view of the Council as a whole, rather than their own personal
opinions.
6.3 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address areas of
concern and/or study.
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.4.1 INTENT
To honor advisory body deliberations, views and positions on issues before Council; enhance
communications between Council and their advisory bodies; and allow participation and input
by advisory body members.
6.4.2 COUNCIL AGENDA REPORTS
6.4.2.1 Recommendation Differences. For those rare occasions when the CAO
recommendation differs from an advisory body recommendation, the
difference should be clearly noted in a separate paragraph following the
CAO recommendation. The Discussion section contains information
relating to the advisory body recommendation.
6.4.2.2 The minutes of the advisory body item are included as an attachment to the
Agenda Report.
6.4.3 COUNCIL MEETINGS
6.4.3.1 On appeals or items brought by or through the advisory body, the Chair (or
Vice Chair, when the Chair is not available) may be seated next to the
department head. The department head makes the introduction, then the
Chair of the advisory body makes a brief presentation, representing the
position of the advisory body.
6.4.3.2 Other members of the advisory body are free to appear and give testimony
before Council using the public microphone, after identifying whether they
are speaking as a representative of the advisory body or as a private
citizen. (ABH § III,B.1.g)
6.4.4 RECOMMENDATIONS
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Recommendations or Reports to Council must be in written form. (ABH § III,B.1.b).
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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 CAO and Council.
The members are responsible for the functions of the advisory body and the chairperson is
responsible for committee compliance with the policies outlined in the Advisory Body Handbook.
(ABH § II,D)
Staff support includes preparation of a summary agenda after approval by the Chairperson, and
preparation of agenda reports providing a brief background of the issue, a list of alternatives,
recommendations, and appropriate backup material, if necessary. Members of advisory bodies are
volunteers and should be treated with respect and courtesy. Advisory body members should have
sufficient information to reach decisions based upon a clear explanation of the issues. The assigned
staff person serves as Secretary, taking minutes as needed. (ABH § II,D)
It is important that advisory bodies wishing to communicate recommendations to the City Council
do so through adopted or approved Council agenda procedures. Staff members shall assist the
advising body Chair to insure appropriate legal review or City and State legislation is in compliance.
(ABH § II,D)
6.6 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment of
volunteer citizens to the various advisory bodies of the City.
6.6.1 PURPOSE
The establishment of these procedures shall insure that well-qualified, responsible and willing
citizens are given the opportunity to serve the City and participate in the governing of their
community. These procedures will apply to all appointments and reappointments to standing
advisory bodies.
6.6.2 COUNCIL SUBCOMMITTEE LIAISONS
Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually in
December. The Mayor and Vice Mayor shall submit recommendations to the full Council,
rotating nominations for Council Member Subcommittees, thereby ensuring an opportunity for
each member to serve as liaison at least once on each advisory body, when possible. When
terms of office do not allow each member to serve once, members with greatest seniority shall
have first right of selection. (ABH § III,C.6)
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6.7 PROCESS
6.7.1 QUALIFICATIONS
6.7.1.1 The applicant must be a resident and registered voter of the City at the
time and during the entire term of appointment, unless excepted by State
law or special circumstances such as deed restrictions. (ABH § III,C)
6.7.1.2 The applicant must be at least 18 years of age at the time of appointment.
(ABH § III,C)
6.7.1.3 No member of the Council may be appointed to any office created or the
compensation of which is increased by the Council, while a member
thereof, until one year after the expiration of the term for which elected.
(Charter §409).
6.7.2 TERMS
6.7.2.1 The term of office for each appointee to an advisory body shall be from
one year to a maximum of four years. The length of a term is dictated by
the principle that no more than two terms on any committee shall expire
each year. (ABH § III,D)
6.7.2.2 No appointee shall serve on the same advisory body for more than two
consecutive, full terms (eight years), but may subsequently serve on
another advisory body unless noted otherwise. Some exceptions include:
The Housing Authority, Jack House Committee and Tree Committee.
(ABH § III,D)
6.7.2.3 After a one-year interval, persons may reapply to serve on the same
advisory body.
6.7.2.4 Mid-term appointment to a vacant seat shall not preclude the appointee
from serving two additional consecutive full terms, provided that the
initial, partial term served is less than one year. (ABH § III,D)
6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be
appointed to serve on more than one advisory body, except that a member
may also serve on one technical or special-purpose committee at the same
time. If appointed to another committee, he/she will be expected to resign
from one body upon being appointed to another. (ABH § III,C.5)
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6.7.3 PROCESS
6.7.3.1 Applications are obtained and filed with the City Clerk’s Office. (ABH §
III,C.1)
6.7.3.2 In February of each year, the City Clerk shall advise the City Council of
the terms that are due to expire on each advisory body. The City Clerk
shall also notify each advisory member whose term is due to expire. Each
of these members shall be given the opportunity to apply for
reappointment unless the member has then served a total of eight (8) years
on that advisory body.
6.7.3.3. The Council Liaison Subcommittee reviews the current applications and
determines the recruitment process, including whether to advertise. (ABH
§ III,C.3) If the committee is a technical or special purpose committee
(Board of Appeals, Jack House Committee, Joint Recreational Use of
School District Property Committee, Mass Transportation Committee, or
Tree Committee), the City staff representative and Chair are invited to
participate in determining the recruitment process.
6.7.3.4. The City Clerk shall then place an ad in the local newspaper, inviting
citizens to apply for consideration as an appointment to an advisory body,
6.7.3.5 The applicant reads the Advisory Body Handbook and attends at least one
meeting prior to the interview with the Council Liaison Subcommittee.
6.7.3.6 The subcommittee shall interview qualified applicants, inviting the
advisory body Chair to attend (if the Chair is being considered for
reappointment, the Council Liaison Subcommittee shall designate another
representative). (ABH § III,C.3) If the vacancy is for a technical or
special-purpose committee (Board of Appeals, Jack House Committee,
Joint Recreational Use of School District Property Committee, Mass
Transportation Committee, or Tree Committee), the City staff
representative will be invited.
6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for
appointment to the entire Council. If a unanimous decision for
recommendation to the full Council cannot be reached, the Council shall
take a separate motion for each candidate proposed by each member of the
Council Liaison Subcommittee. (ABH § III,C.3)
6.7.3.8 Applicants not appointed will be advised and their applications held for
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consideration in the event of a future vacancy for no less than one year.
(ABH § III,C.4)
6.7.3.9 The Subcommittee may prepare a list of all qualified candidates that they
interview. Such list shall be filed with the City Clerk and may be used as a
basis for appointments to fill vacancies that may occur during the year.
Council appointment of a particular term is required.