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HomeMy WebLinkAbout03/16/1999, 2 - REVIEW OF CITY COUNCIL POLICIES & PROCEDURES MANUAL council i he D� j] - - 2 acEnaa wpont16-99 Ikm N.A.N CITY OF SAN LUIS O B I S P O FROM: John Dunn, City Admi ' ative Offi� Lee Price, City Cler% SUBJECT: REVIEW OF CITY COUNCIL POLICIES & PROCEDURES MANUAL CAO RECOMMENDATION Review the Council Policies and Procedures Manual and provide direction to staff, if appropriate. DISCUSSION In 1984, the City Council adopted by resolution a manual entitled, "Council Policies and Procedures" which establishes procedural rules for the conduct of meetings and outlines guidelines for efficient and effective means for conducting the City's business. The Policies and Procedures has a been a "living" document in that it has been periodically reviewed over the years by the City Council, with improvements made from time to time (specifically in 1988 and 1993). In addition, legislative amendments were approved less than one year ago (August 1998). Given the desire expressed by Council members, staff is providing the Council with this opportunity to review and discuss procedures outlined in the Manual. Revisions to the Manual would be subsequently approved by the City Council by resolution. If there are suggestions for refinements, staff would request that the Council refer them back to staff for analysis and development of appropriate language. Most cities are not necessarily guided by Council Policies and Procedures which have been reviewed and refined over the years. Often Councils experience difficulty because of the lack of agreement on procedural matters. In San Luis Obispo, we have been blessed with a City Council that has taken pride in developing policies and procedures, and further, a Council and staff who adhere to them to ensure orderly and accessible City government. The ultimate result is that the will of the collective Council determines priorities and decisions. Governing, therefore, takes place consistent with open, democratic principals. Attachment: Council Policies&Procedures Manual 2-1 6.6.3.4 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, with instructions regarding the application process. 6.6.3.5 The applicant reads the Advisory Body Handbook and attends at least one meeting prior to the interview with the Council Liaison Subcommittee. 6.6.3.6 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. 6.6.3.7 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) 6.6.3.8 Applicants not appointed will be advised and their applications held for consideration in the event of a future vacancy for no less than one year. (ABH ¢III,C.4) 6.6.3.9 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 which may occur during the year. Council appointment of a particular term is required. Council Policies&Procedwes age 31 32 6.6.2 TERMS 6.6.2.1 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) 6.6.2.2 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) 6.6.2.3 After a one-year interval, persons may reapply to serve on the same advisory body. 6.6.2.4 Mid-term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial,partial term served is less than one year. (ABH §M,D) 6.6.2.5 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 §HI,C.5) 6.63 PROCESS 6.6.3.1 Applications are obtained and filed with the Office of the City Clerk. (ABH §III,C.1) 6.6.3.2 In February of each year, the City Clerk shall advise the City Council of the terns which 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. 6.6.3.3 The Council Liaison Subcommittee reviews the current applications and determines the recruitment process, including whether to advertise or not. (ABH § M,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. Council Policies&Procedures y 2-01 (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. 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 complied with. (ABH §II,D) 6.5 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. 6.5.1 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. 6.5.2 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) 6.6 PROCESS 6.6.1 QUALIFICATIONS 6.6.1.1 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 §IH,C) 6.6.1.2 The applicant must be at least 18 years of age at the time of appointment. (ABH §III,C) Council Policies&Procedures Page 29 2-30 6.3 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 63.1 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 63.2 COUNCIL AGENDA REPORTS 6.3.2.1 Recommendation Differences. For those rare occasions when the CAO's 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. 6.3.2.2 The minutes of the advisory body item are included as an attachment to the Agenda Report. 633 COUNCIL MEETINGS 6.3.3.1 On appeals or items brought by 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. 6.3.3.2 . 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 not. (ABH §HIB-I.g) 63.4 RECOMMENDATIONS Recommendations or Reports to Council must be in written form. (ABH §111,B.Lb). 6.4 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 fimctions of the advisory body and the chairperson is responsible for committee compliance with the policies outlined in the Advisory Body Handbook. Council Policies&Procedures CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS 6.1.1 COMMUNICATION 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; 6.13 APPOINTMENT RECOMMENDATION Interview applicants and make recommendations for appointments to the full Council; and 6.1.4 ATTENDANCE From time to time, attend commission meetings for observation purposes only. (ABH§II,C) 6.2 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. 6.2.1 LEGISLATIVE ACTION SUBCOMMITTEE This subcommittee monitors and prepares responses to Federal and State Legislative Activities in accordance with the adopted Legislative Action Process. Summarized, the process entails receiving copies of League communications, identifying key issues with official League positions and, as specified in Exhibit A of the policy, drafting responses. The draft is typed by the Council Secretary, reviewed by the CAO, signed by the Mayor, and subsequently distributed to appropriate legislators and the Council. Where a Council position is unclear, a position will not be taken unless there is time to bring the matter to the Council for determination. Citylink services(on-line computer legislative information)are provided to the subcommittee to allow them access to timely and complete information regarding legislative issues. Subcommittee members should ensure they have received a copy of the current Legislative Action Process from the Office of the City Clerk. (Motion adopted 8/3/93) Council Policies&Procedures P ge4J3 Each remote user will have the same level of access of programs and files as they would while on site. (Motion adopted 7/20/93) Council Policies&Procedures L� „L 5.4.1.3 Training on City applications and remote access to the City Hall network will be provided by the Office of the City Clerk. (Motion adopted 7/20/93) 5.4.2 REMOTE ACCESS POLICY Modem use to and from the City's computer systems should occur under guidelines in the Management Information Systems policies and procedures. Please refer to this policy for complete information. 5.43 SECURITY 5.4.3.1 The City utilizes "dial-back" communications software to ensure only authorized numbers have access to City computer systems. 5.4.3.2 Passwords. The City standard log-in name is first initial and last name up to eight characters. Passwords are a confidential sequence of letters and numbers. Because passwords are the key to system security, it is essential that they are not disclosed or utilized by other persons. All passwords will be assigned by the System Administrator and changed every six months. Disclosure of passwords(or the use of an unauthorized one)may result in terminating access (remote or local) to the City's LANs, and depending on the severity of the outcome of the disclosure, may result in disciplinary action, including termination. 5.4.4 SUPPORT RESPONSIBILITIES 5.4.4.1 Information Systems will provide initial installation of external modems and communications software. 5.4.4.2 The Office of the City Clerk will provide training on standard City application software (some applications may run very slow in the remote access environment). Printing to the network printer in City Hall is available; home printing is not supported by the City. 5.4.5 COUNCIL MEMBER RESPONSIBILITIES Council Members who own a computer may dial-in to the City's local area network. The minimum computer must be an IBM PC or compatible with 640K RAM and DOS 3.1. Any other costs associated with installing remote access as well as the on-going maintenance, repairs, and upgrades of the remote computers are the responsibility of the individual Council Member. At the end of employment with the City (or termination of remote access privileges), the communication software and external modem must be returned to the City Clerk's Department Council Policies&Procedures ;age j, 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). 53.4 COUNCIL MEMBER REPRESENTATION TO OTHER AGENCIES An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 53.5 INFORMATION DISTRIBUTION In cases where a staff response to an individual Council Member request involves written material which 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. 53.6 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 E-MAIL AND REMOTE ACCESS TO COMPUTERS A pilot program to provide remote access for Council Members who own an IBM-compatible computer was implemented in August, 1993. Council Members utilize their own home computers for access; the minimum configuration supported includes 640K RAM and DOS 3.1. Only one dial-in session can be accommodated at a time, therefore instant access to the LAN may not be available when another Council Member is utilizing the service. (Motion adopted 7/20/93) 5.4.1 COUNCIL REMOTE ACCESS 5.4.1.1 The City will provide an external 9,600 baud modem and software;this must be returned to the Office of the City Clerk at the end of a Council Member's term. (Motion adopted 7/20/93) 5.4.1.2 Council Members (and staff will abide by the Brown Act and all Council Policies and Procedures as well as adopted remote access policies as listed in Management Information Systems Policies and Procedures. (Motion adopted 7/20/93) Council Policies&Procedures —A 5.2.2 INDIVIDUAL COUNCIL MEMBERS 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. (Res. 5369) 5.23 COUNCIL POLICY If a Council Member wishes to influence the actions, decisions, recommendations, workloads, work schedules, and priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy. (Res. 5369) 5.2.4 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. (Res. 5369) 53 STAFF 53.1 EXECUTION OF COUNCIL DIRECTION The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council and in keeping the Council informed. (Res. 5369) 53.2 UNDUE INFLUENCE 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. (Res. 5369) 533 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 terns 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 Council Policies&Procedures Page J3- CHAPTER FIVE COUNCIL/STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 5.1.1 CONTROL OF THE COUNCIL Maintain control and direction of the City by the Council as a whole. (Res. 5369) 5.1.2 INFORMATION Ensure Council members free access to the flow of any information relative to the running of the City and to insure that such information is communicated by staff in full and with candor to those requesting it. (Res. 5369) 5.13 INDIVIDUAL COUNCIL MEMBERS Avoid intrusion by individual Council Members into those areas which should be the responsibility of staff and to prohibit intervention by individual Council Members in staff decision-making, the making of staff recommendations, scheduling of work, and executing department priorities without the prior knowledge and approval of the City Council as a whole. (Res. 5369) 5.1.4 UNDUE INFLUENCE Protect staff from undue influence and pressure from individual Council Members, and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal. (Res. 5369) 5.2 COUNCIL AND COUNCIL MEMBERS 5.2.1 COUNCIL POWER The full City Council retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, work loads and schedules, departmental priorities,and the conduct of City business. (Res. 5369) Council Policies&Procedures 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) 43 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 due to the disruption or threatened disruption of public facilities without notification. Only work stoppages or crippling disasters that impair the public health and/or safety qualify for emergency meetings. (GC §54956.5) 4.5 OTHER PROVISIONS The Act provides 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. This section was written in July 1993, and since State law constantly changes, it is important to ensure you have the latest information. Please check with the City Attorney and/or the City Clerk for more information. Council Policies&Procedures Page 21 2-22 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 arose subsequent to the agenda being posted (determined by 2/3 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 5 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 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 distributed for discussion or consideration at a public meeting are public records. (GC §54957.5) 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 4.2.8.1 Real Property. The purchase, sale,exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session. (GC §54956.8) 4.2.8.2 Litigation pending or a significant exposure to litigation, or the decision to initiate litigation; the litigation or title must be identified in open session prior to the closed session unless the Council states that to do so would jeopardize its ability to conclude existing settlement negotiation or effectuate service of process. A confidential memorandum from the City Attorney must be submitted to Council within one week of the closed session. (GC §54956.9) Council Policies& Procedures Page 20 2-21 CHAPTER FOUR THE BROWN ACT 4.1 APPLICABILITY AND PENALTIES The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition, violations are subject to civil action(GC § 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter(as of July, 1993). 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 (3 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) 4.23 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) Council Policies&Procedures Page 19 2-20 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 C.A.O. 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) 3.9 ACCEPTANCE OF GRANTS OR DEEDS That both 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. (Res. 5370) Council Policies&Procedures Page 18 2-19 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. (Res. 8377) 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. (Res. 4423) 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 which 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) 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 LUVHTATIONS 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) Council Policies&Procedures Page 17 2-18 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. 33.4 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 written statement of 200 words or less covering at least the following areas: (Res. 8377) 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. 33.5 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 continents 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 Council Policies&Procedures Page 16 2-17 CHAPTER THREE COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR-POWER AND DUTIES 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) 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) 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. (Motion adopted 12/19/83 and 12/02/85.) 33 FILLING COUNCIL VACANCIES 33.1 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. 33.2 PUBLIC APPOINTMENT Council Policies&Procedures Page 15 2-16 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. (Res. 8776) 2.6 COUNCIL COMPENSATION CONE%HTTEE 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 1 st. (Res. 8776) 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. (Res. 8776) 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 which may have added to or deducted from the duties and responsibilities of the Council Members and/or Mayor. (Res. 8776) Council Policies&Procedures Page 14 2-15 Ouarterly Mileage Allowance: Council Member $300 Mayor $450 (Res. 6587) 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. (Res. 8776) 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. (Res. 8776) 2.5.2 REUVIBURSEMENT 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. (Res. 8776) 2.53 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. (Res. 8776) 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. (Res. 8776) Council Policies&Procedures Page 13 2-14 - 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. (Res.8776) 233 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. (Res. 8776) 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. (Res. 8776) 2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows: 2.4.1 CITY BUSINESS For costs incurred in connection with official City business. Said allowance shall be used for in-county expenses and shall include all meals, tickets, periodicals, dues, subscriptions, and similar miscellaneous expenses. Quarterly Expense Allowance: Council Member $300 Mayor $450 2.4.2 MILEAGE For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form: Council Policies&Procedures Page 12 2-13 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, 1989, compensation for services rendered in an official capacity shall be provided as follows: a Council Member is$800 per month and the Mayor receives a monthly salary of$1,000. (Res. 8776) 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 $420 per month toward 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. (Res. 8776) 23 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 (Res. 8776) 23.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE For the cost of participating in the Annual Conference of the League of California Cities. The City shall also reimburse the following costs for spousal participation,which is encouraged: - Double room instead of a single room. Council Policies&Procedures Page 11 2-12 13.9 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 C.A.O. 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 which 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. Council Policies&Procedures Page 10 2-11 1.3.7.4 Group or applicant representatives desiring to speak shall: 1.3.7.4.1 Submit a speaker slip to the City Clerk. 1.3.7.4.2 Address the Council from the podium after giving name of the group, its purpose if necessary, and the representative's name and city of residence. 1.3.7.4.3 Be permitted up to ten minutes to speak in either support or opposition to an agenda item. Prior written comments are welcomed and encouraged. 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 ITEMS 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 which 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). (Memorandum from Mayor dated 6/12/91) 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 (Memorandum from Mayor dated 6/12/91) 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 session unless a majority of the Council chooses an earlier time. Council Policies&Procedures Page 9 2-10 1.3.6.9 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505) 1.3.6.10 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) 1.3.6.11 Following the vote the City Clerk shall announce whether the questions have been carried or defeated. 1.3.6.12 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. 1.3.6.13 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. 13.7 PUBLIC COMMENT 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 a speaker slip to the City Clerk. 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. 1.3.7.3.3 Comment on the specific matter before the Council with reasons for the position taken. Written comments are encouraged and should be submitted before the public hearing is closed on that item. 1.3.7.3.4 Limit comment to three 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. Council Policies&Procedures Page 8 2-9 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. 13.6 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. 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 clarity. 1.3.6.6 Electronic voting is the preferred method for recording Council votes. (Motion adopted 11/15/88) 1.3.6.7 Voice vote may be taken at the discretion of the Chair. 1.3.6.8 General consent vote may be taken at the discretion of the Chair, if there are no negative votes or objections by Council Members. Council Policies&Procedures Page 7 2-S 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. 13.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy(State law and Robert's Rules). See Table 1.3.4, which summarizes the most frequently used actions. 13.5 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 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. Council Policies&Procedures Page 6 2- / Administrative Officer has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Mayor Pro-Tempore's(Vice-Mayor) signature may be used. 13.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter §503) 133 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. 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. Council Policies&Procedures Page 5 2-6 1.2.5.5 Consent Agenda 1.2.5.6 Appointments 1.2.5.7 Liaison Reports 1.2.5.8 Public Hearings 1.2.5.9 Communications 1.2.5.10 Business Items 1.2.6 CONSENT ITEMS Consent items are the first items on the agenda (items that are routine, have been discussed before, relate to implementation of approved budget items, or to City operations or items to be later set for public hearing). 1.2.7 NOTIFICATION AND ADVERTISING 1.2.7.1 The City will advertise all matters of significant neighborhood or community public interest which 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 fiilly inform all interested individuals. 1.2.7.2 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 13.1 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 Mayor Pro-Tempore (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 2-5 Council Policies&Procedures Page 4 1.1.5.7 Regularly scheduled meetings by other agencies and groups shall be discouraged 1.1.5.8 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 Candidates' Forum where the public and all the candidates for a particular public office have been invited. (Res. 8496) 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 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. (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. 1.23 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. 1.2.4 RECONSIDERATION Reconsideration of an item shall be allowed in accordance with Robert's Rules of Order and established Council guidelines. Resubmittal of issues previously acted upon is discouraged, but requests will be considered upon a consensus of a majority of the Council. 1.2.5 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 Public Comment Council Policies&Procedures 2_4 Page 3 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. 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. 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,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 Administrative Officer shall have authority to make the final decision. 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. 1.1.5.5 Favorable consideration shall be given to other governmental agencies and non-profit groups during regular business hours only. These groups will be charged for the use of the Council Chamber at the same rate as is 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. (Res. 8496& 8783) 1.1.5.6 No admission shall be charged. No events featuring the service of food or drink shall be allowed. Council Policies&Procedures 2-3 Page 2 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. - 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, upon consensus, Council elects to continue past the adjournment hour. Following the mid-meeting break (around 9:00 p.m.) the Mayor, with assistance from the C.A.O., will review the balance of the agenda with Council to discuss how it can be handled in the allowed time. If it is necessary to continue any items, it will be announced at that 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 and the City Council regarding specific programs,projects or policies. 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. Council Policies& Procedures 2-2 Page 1