HomeMy WebLinkAbout02/20/1996, C-5 - PROPOSED CHANGES TO THE COUNCIL POLICIES AND PROCEDURES CONCERNING USE OF THE COUNCIL CHAMBERS `I MEETING DATE:
city of San IDIS OBISPO A-ao -k(*
i COUNCIL AGENDA REPORT REM NU B`R:
FROM: Ken Hampian, Assistant CAO .
Prepared by: Wendy George, Assistant to the CAO uy
SUBJECT: Proposed Changes to the Council Policies and Procedures Concerning Use of
the Council Chambers
CAO RECOMMENDATION:
Adopt a resolution changing the Council Policies and Procedures, Section 1.15, "Use of
Council Chambers" to: 1) charge governmental agencies and non-profit organizations the
_same rates as are in effect for the use of the Community Room at the City/County Library
by these groups; 2) prohibit use of the Council Chambers to advocate individual candidates
for a particular political office.
DISCUSSION:
Fee for Use of the Council Chambers for Governmental Agencies and Non-Profit
Organizations.
Over the years, there has been an increasing use of the Council Chambers, especially by
other governmental agencies. Many times the Chambers are used for the full day, for
example, by the Bankruptcy Court. Usage of this type has a real impact on both City Hall,
especially the bathroom facilities, as well as City staff who must often provide direction and
information to members of the public and clean up after the assemblage. For example,
following the February bankruptcy proceedings considerable plumbing work was required
as a result of inappropriate objects being flushed into the system.
We currently do not require a fee for use of the Council Chambers, but do charge these
groups for use of the City/County Library Community Room. To create consistency in our
fee policy, and to recover at least a small amount of the cost for providing the Council
Chambers, staff is recommending that the fee system in use for the Community Room be
applied to the Council Chambers as well. Currently, governmental agencies and non-profit
organizations are charged $25.00 for up to three hours and $50.00 for more than three hours
each time the room is used. If these rates increase in the future for the Community Room,
they would also increase for the Chambers.
Prohibition of Use of Council Chambers by Candidates for a Particular Political Office.
It is important that the City be perceived by the public as being politically neutral as far as
endorsing any particular candidate for office. If the City were to allow the Council
Chambers to be use by a candidate as part of his or her pre-election activities, it could be
construed that the City is in some way supporting•that particular candidate. In addition, it
is also inappropriate for assets of the general public to be used for political events
����n�►�uI�IIIII��p �a��U city of san UAIs OBISPO
COUNCIL AGENDA REPORT
sponsored by individual candidates.
It is perfectly appropriate, however, for the Council Chambers to be used for a public
Candidates' Forum. In that case, all the candidates for an office are invited to attend, and
the purpose of the event is to inform the public rather than to enhance the candidacy of an
individual.
FISCAL IMPACT:
The cost of billing public agencies and non-profit groups will be minimal. The City already
has a program set up in the Parks and Recreation Department to bill users of City facilities
and the Council Chamber would simply be integrated into that program. In 1995 there were
only 46 occasions which would have required billing, so the impact would be insignificant.
On the other hand, if the City had billed for those uses it would have received fees of
approximately $2,000.
Attachments:
Resolution
RESOLUTION NO. (1996 Series)
AMENDMENT OF COUNCIL POLICIES AND PROCEDURES
CONCERNING USE OF THE COUNCIL CHAMBERS
WHEREAS,governmental agencies and non-profit organizations have been using the
City Council Chambers on an increasingly frequent basis with no fee charged; and
WHEREAS, the City incurs expenses in terms of staff time and maintenance costs
when these rooms are used by outside parties; and
WHEREAS, the City charges a fee to governmental agencies and non-profit
organizations for use of the Community Room at the City/County Library; and
WHEREAS, the City does not wish to be perceived as supporting any particular
candidate for political office; and
WHEREAS, assets of the general public should not be used for events sponsored by
individual candidates;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo amends the Council Policies and Procedures, Section 1.15, "Use of Council
Chambers" as shown in Attachment A.
Upon motion of ,seconded by
and upon the following roll call vote: '
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of 1996
ATTEST: MAYOR ALLEN SETTLE
CITY CLERK
APPROVED:
CITY ATTORNEY
C-s=3
ATTACHMENT A
Council Policies & Procedures Chapter 1• Meeting Guidelines & Procedures
1.1.3.2 Study Sessions will be held at a time and place convenient to
Council and advantageous for public participation.
1.1.3.3 Participation of the public shall be at the discretion of the Presiding
Officer, upon consensus of the Council. (Prior Res. 6505)
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. 677)
1.1.4.2 Written notice must be given to the City Council and to the media 24
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. (Prior Res. 6505)
1.1.4.4 No business other than that announced shall be discussed. (Prior Res.
6505)
1.1.4.5 Any special meeting held at a place other than City Hall shall be open
to the public. 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. (Prior Res. 6505)
1.1.5 USE OF COUNCIL CHAMBERS
1.1.5.1 The City Administrative Officer, 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. (Prior CP&P § 9.08)
1.1.5.2 When a question arises regarding permission for any group to use the
facility,the City Administrative Officer shall have authority to make the
final decision. (Prior CP&P § 9.08)
1.1.5.3 The following rules are established as a guide:
1.1.5.4 Use of the Council Chamber by City commissions, committees, and
other advisory bodies shall take precedence over any other group or
agency.
page 2
c-s-�
Council Policies & Procedures Chanter 1• Meeting Guidelines & Procedures
1.1.5.5 Favorable consideration shall be given to other governmental agencies
and non-profit �i.� , :... .::;..% ..,> .>.
.; i
-p groups. .. .:.,.r.... :.; 3?�+ <C OFS ofe
�t:�.:,: vr�:::s:! :::i:;>.r:},,:;y4}::;.rx<?"':
%%`:5•`n:]...�:}:7 i.n[,5:";^4:.uv�.`]4.�"•�i:.:.`kYfyy".r.;..:.3:am ,Y;......,,.N•. .y;:>.rY'};.i?�?N:a f•<:�'a.„:eev,y;>£
���:. } '""�v""" .N.viC}}:SiOM”`wVe$riT+IKW.IL�Y:W`n'a'MS"m` 4N'N:`v:...• ..•
�> ' No events of a commercial nature shall be allowed.
1.1.5.6 No admission shall be charged. No events featuring the service of food
or drink shall be allowed.
1.1.5.7 Regularly scheduled meetings by other agencies and groups shall be
discouraged. (Prior CP&P § 9.08)
W.M.
.�.
...r:... rv+:r ,w:y,6'."'. .<.9u2:<w.i4}::i;};%:r};-Lx::.:
n
p,,' ..,; �.'/f
, 11.,yN; m n, }
ig ;4.,�R'?,.., },.. :6..u�...v..,.};y, i.,.,�,{.•: n�4.`.��r��,�"",'.' v: hIX. ♦.�,'„f.4�A.,vv..!F!
.i'P2.:. .:.r::`%,,.; .:4:+:r4dryv��Ny^•..;4:R};'}�' ,:,�;"�w;^" .r.,.:cy;k,::�. i:.::
tGVL'k.. ..1:�' y �y6 t• .,�i2:iC' '�::,,c'rR:6.<.?.':}:»..'�/��::i:.3N'.C.,..„`:i2`;�
iev. .::.]y:�.r...}:.. ..i... 4:0::.:}•.%4* ,.::>� :e''Ll1 .t;B:::,..,, ,8, V'�!. �s.+�':Y'.: �'s
:C:.k:.4`i �' •.:..�y:.�y.X'::.%J..`,t3}..:.v,:FA}`. \,�,. l•J.. n>4{r.Fn(�� ' ...
}] ,�::. •rttw'�h.vY'' wh4u�]`.i'w':;O'..r.. y.'.:. .,.� ..v. .: ..
1.2 AGENDA
1.2.1 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda during
Communications, and upon consensus of a majority of 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 linuted 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 (Res. 8473)
1.2.2 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during Public
Comment 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 C.A.O. or his
designee. (Prior Res. 6505)
1.2.3 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. (Prior Res.
6505)
page 3
C-S=�