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HomeMy WebLinkAbout02/01/2000, 2 - RESOLUTION REVISING COUNCIL POLICIES AND PROCEDURES Council MR02-01-00 j acEn6a wpoM 1�N..6. CITY O F SAN LUIS O B I S P O FROM: Lee Price, City Cler SUBJECT: RESOLUTION REVISING COUNCIL POLICIES AND PROCEDURES CAO RECOMMENDATION Adopt a Resolution revising the Council Policies and Procedures. DISCUSSION Background: 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, 1993 and 1998). At the request of the Council, staff placed on the March 16, 1999 agenda a review of the Council Policies and Procedures. Suggestions for modifications approved by a majority of the Council were referred back to staff for analysis and development of appropriate language. The legislative draft of the proposed revisions is attached and the proposed modifications are summarized as follows: • Foreward added describing how the City Charter governs the City. • Language clarified about how the Council agenda is established, including what the process is in the first section of Chapter 1 (Agenda). • Language in Sections 1.2.1 and 1.2.2 refined and re-numbered. Language added to clarify that ideas from the Council for agenda items should be submitted in writing and paragraph added about how an advisory body can place an item on the agenda. • Section 1.1.2.3 has been revised to place greater emphasis on the"I 1 o'clock rule". • Section 1.2.5 regarding order of business revised to reflect current practices. • Section 1.3.7 (Public Comments) has been amended to clarify when applicants or their representatives and appellants may speak and for how long, and by adding a reference to the City's requirement that all registered municipal advocates identify themselves as such before they speak. • A new section has been added to Chapter 1 (Meeting Coverage)in anticipation of pending plans to cablecast Council meetings. • A new paragraph has been added to Section 3.1 (Mayor Powers and Duties) regarding appropriate and acceptable situations for flying City flags at half-staff. 2-1 Council Agenda Report—Resolution Revising Council Policies &Procedures Page 2 Summary of Revisions, continued • Section 6.2.1 (Legislative Policy) eliminated and a new section added to reflect the Council's current legislative program(See Chapter 3, Sections 10 and 11). • Section 4.4 has been revised to clarify when emergency meetings may be called without notification. • Chapter 5 (Council/Staff Relationships and Conduct) has been revised and re-organized. • Section 5.4 has been updated as it relates to communications and information systems. • Language has been added to enhance Chapter 6 (Role of Council Liaison Subcommittee Members) as it relates to council liaison relationships with advisory bodies. • Chapter 6 includes a new section relating to council member representation on regional committees or boards. • In addition to modifications suggested by the Council, staff has also included some amendments to Section 1.1.5 (Use of Council Chamber) in anticipation of future needs as it relates to live and video broadcast capability. Note: No changes are being recommended to Chapter 2 (Council Compensation). This chapter will be reviewed by the newly formed Council Compensation Committee. Any changes to Chapter 2 recommended by the committee will be presented to Council in the near future. Placing An Item on the Agenda(Council Member): After the draft Policies and Procedures were initially reviewed by the City Council, the Council also agreed to reconsider the need for a Council majority to concur with a request to place an item on the agenda(that two council members could direct an item on the agenda, as opposed to the current requirement of at least three). The need for majority concurrence has been considered many times by the Council over the years. Staff continues to believe that the workload and goals of the Council as a collective body are best protected by the current system. Conclusion: 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. CONCURRENCES City Attorney, Assistant CAO and Director of Finance have reviewed the proposed revisions and provided input. 2-2 Council Agenda Report—Resolution Revising Council Policies & Procedures Page 3 FISCAL IMPACT There is no fiscal impact anticipated by the adoption of this revised policy. ALTERNATIVES 1. Provide alternative language for consideration and acceptance by a majority of the members of the City Council. 2. Make no changes to the existing policy. ATTACHMENTS 1. Exhibit A- Draft Resolution Approving Revisions to the Council Policies and Procedures 2. Exhibit B - Legislative draft of the Revised Council Policies & Procedures. Underlined language denotes new language. Language recommended to be deleted is denoted by stFike-thme 2-3 City Council Meeting Date: 2/1/00 Agenda Item # EXHIBIT A RESOLUTION NO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REVISING THE MANUAL ENTITLED "COUNCIL POLICIES AND PROCEDURES," AND RESCINDING ALL PREVIOUS VERSIONS OF SAID MANUAL WHEREAS, State law requires that a City Council comply with certain requirements designed to provide reasonable and adequate public notice of meetings; and WHEREAS, procedural rules regarding Council meetings and the conduct of the public's business allows Council Members and the public an opportunity to speak freely and fully on all matters of public interest; and WHEREAS, procedural rules for the conduct of meetings of the City Council promotes and enhances a more efficient and effective means of conducting the public's business; and WHEREAS, procedural rules ensure that the will of the collective Council determines its priorities and decisions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo: SECTION 1. The Council hereby amends the Council Policies and Procedures Manual, a copy of which is attached hereto marked Exhibit "A", is incorporated herein, and replaces all previous versions of the Council Policies and Procedures Manual. SECTION 2. A copy of the Council Policies and Procedures Manual shall be maintained on file in the Office of the City Clerk, shall be distributed to all Council Members and Department Heads, and shall be available to the public during reasonable business hours. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 2000. 2-4 Resolution No: (2000 Series) Page 2 Mayor.Allen Settle_ ATTEST: Lee Price, C-.M.C. _--- --- City Clerk APPROVED AS TO FORM: G. J rge n, ty Attorney 2=5 city council meetmG date: 2/l/00 acenaa item # eXhiBit B city of san Luis OBISPO COUNCIL POLICIES AND PROCEDURES �• ,• '�'�re1 r..�y���e —lam f�'Ji., •l tl �.f',L Ls i. su.�w u •1r . .}lu i' it d� •.�� •".{ 1 '!5;�:.�n�•t moi...:1:�_ ..,5..•_ ..w'.��.. .•t��'.�..^•� ADOPTED BY THE CITY COUNCIL February 1, 2000 Resolution No. 2-6 FORF.WARD San Luis Ohirpn is a"charter" citync contrasted ton "general law" city. i Jnder California law_ the apthnrity of a general law city is derived only from thenn wers granted to it by the general laws adopted by the State Leegiclatnrertne dining to the organization and oneratinn of a municipality, and from theon .lice power granted to it by theSat . C'onctibrtion_ On the other hand, ;charter city's power is not defined nr limited by the Stat .'c general laws_ Instead, with respert to municipal affairg,a charter city's powers are defined by the ei 'c nwn charter, subject only to the limitatinnc of the State Constitrtinn_ Asa result, charter cities usually have more operational latihidP than do the mnre prevalent general law cities. A charter serves as the city's "constitution" and may only he. amended by a vote of the people_ San Luis Obi po's Charter was first adopted on May 1, 1876 and has been amended byop�nular vote on several o . acionc s uhsequ .n ly In 1955,the Charter was amended to approve a Crnmcil-Mayarm of government_ The last charter revision occurred or-Administrative hfficer f nn November 5, 1996_ The wnrd "charter" and the notation,e_Q_ (Charter § 501) used within this document refer to the City Charter_ Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No2.M-L Page 1 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 3 502) 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;apvn zonsensas :4 mgJarily of the; Council elects to continue past the adjournment hour. Foilowhrg-the mid-meeting, break (wound 9.()() p.111.) Tf at the hour of f 1.00 pm-, the City Council has not concluded its business, the Mayor, with assistance from the C.A.O., will review the balance of the agenda with Council-.o discuss how it cm be hwidted in the afloyved tilne. ff it is LICCUSSmy-to and determine whether to extend the meeting heynnd the hour of 1 1.00 n-m-,rnntinue any remaining items_ ora 'ourn 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 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. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution N2$ Page 2 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 3 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 3 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. 11.5.2 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. 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 atherwice approved by the CAn (see excclibnn noted in Se inn L 1-5-6). 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, unlecc otherwise annrnved by the CAO (see exr.=tion noted in Sertion 1.1 5 6). (Res. 8496& 8783). Council Policies& Procedures Manual 2000 Amended 2/1/00 by Resolution Nc2-9 Page 3 c. With the approval of the CAO nther local govemmental ag Council Chamher for the purpose of live or_viden cahlecacting puhli . h .aria s an /or p uhli is meetings duringrepilar or non-business hours_ The fee charged shall be, the same ratf,nha&ed govemmental agencies for use of the Community Room at the ity/Conn Library, in addition to the enst for services provided by the City for cahlecastingon_ eras 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 Candidates'Forum where the public and all the candidates for a particular public office have been g. invited. (Res. 8496) 1.2 AGENDA 1.2.1 FATABLISHiNG THE COUNCIIi. AGENDA The,_purpose, of the agenda is to provide a framework within which Council meetings can he conduct d and to effective) implement the approved Financial Plan and Budget, including work program.., goal., and hu-ineca of the City as established by the present or earlier City Councils- Agenda items also include recommendations to the City Council from advisory bodies, lice and zoning action- or appeals, hid and purchasing proredure.., and mandates from other levels of govemment_ Staff shall work within the policy con ext estahlish d by the Council and will not arhitrarilyplace matters on the agenda which have no connection to the existing work programs of the City, except ander the Charter sanctioned instructions for the. CAO to infnrm and advise the Crnmcil of matters necessary to the proper operation and well- heing of the City The pmeess for determining the order of and preparing the agenda is hacedrip •manly on a format adopted by the City Council (See Section 12R)The pracecs fnr establishing the order of husinecs and public h tiring items is a collaborative one determined largely hynntinipated public atten anre (those matters involving greater audien .e nttendanre are usuallyscheduled ahead of other items). On a rotating_., individual members of the Council shall attend agenda review meetings with the CAO and department heads, in addition, the CAO, City A oro y and City Cleric review the agenda materials with the Mayor. Based on this input, the final agenda is set 1.2.12 PLACING AN ITEM ON THE AGENDA(COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting in wiiting a r ue-t to consider the matter and verbally makingthe ct during Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution 21'r 10 Page 4 Communications.-,mid-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. (Res. 8473) 1.2.2.4 Pi.ACiNG AN ITEM ON THE AGENDA (ADVISORY BODiES) Recommendations made by advicnry bodies, ac part of their normal scone of duties and rregponsibilities,�chall he referred to the City Council by staff, who shall comply with the Cm'spmved Council Agenda Preparation Policy in the event that an advicnrry hod dg-sire,, o bring_a matter of menial consideration to the City Council (new ideas or concems_ for examle),it may=uect that the item he placed on a fidi re ag ne cis by snhmitting a written request to the Council apnroved by a majority of the advisory body members and signed the Chair During Communications,any"her of the Council may ask for consideration of the r ice, andupon enncensns of a m�nrity of the Cn m .il,q staff rennrt will he prey pared and approved by the C_A_n. ar his designee. 1.2.25 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. 1.2.3.6 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. 1.2:41 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. 1.2.58 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 Pr _sentatinnc Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution 2M. 11 Page 5 1.2.5.5 Public Comment 1.2.5.6 Consent Agenda 1.2.5.7 Appointments 1.2.5.8 hiaiSyu Repul i Public Hearings 1.2.5.9Liaii so�orF. 1.2.5.10 Business items 1.2.5.11 $mss Communications 1.2.62 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). 1.210 NOTIFICATION AND ADVERTISING 1.2.$10.1 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 fully inform all interested individuals. 1.2.$102 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 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 Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution 2m. 12 Page 6 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 Mayor Pro-Tempore's(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. 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. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. _ Page 7 2-13 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). See Table 1.3.4, which summarizes the most frequently used actions. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Side conversations,disruptions, interruptions or delaying efforts are discouraged. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 8 2-14 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 rder1.3.5.4.1 The Police Chief or his designee shall act as the Sergeant-at-Amis. 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. 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 Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 9 2-15 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. 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. 1.3.7 PUBLIC CONEWENT 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. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 10 2-116 1.3.7.3.2 Address the Council from the podium after giving name and city of residence. Ispenkem 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. 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. 1.3.7.3.5 Municipal advocate-, as defined in the Municipal Code (2 64020) shall register as such with the City Clerk and shall preface their cornments by id .nti 'ng themselves ac municipal advocates(2-64 050 k 9 64.070Y 1.3.7.4 Group-Applicants or applicant representatives or nppellants desiring to speak shall: 1.3.7.4.1.1 Submit a speaker slip to the City Clerk. 1.3.7.4.1.2 Shall he permitted to speak first during the nuhlin 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 his/her name of poup, its , die irpiesentative's name dA,d city of iesidencu.--and address, n /or the name and address of the applicantlap ellant he/she is renregenting_ if the anuli an /appellant's representative is a paid municipal advocate, he/she shall comply with Section 1_3_7.3_S shove. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No.. Page 11 2-17 1.3.7.4.1.4 Be PULInitted up to ten minutes to speak in eithei suppoit ui 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 cena,at . vn a wi hout 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. 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 Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 12 Q 2-18 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. 1.4 MFETING (OVERAGE. The-purpose of cablecasting meetings of the San T alis Obispo City Council is to enhance the awareness and education of the general �htn 1_is regarding the actinns and deliheratinns of the City Council- 1.4.1 o un .i1"1.4.1 Cnverag . of Ci nunnun icil meetinmeetings shall he ye]-to-gavel whether presented to the nnhlic live nr taped_ ( ounril coverage is not to he edited or sut iected to editnrial comment- 1 42 All City Council meetings shall he cighlecast, except for meetings or portions of meetings whi .h are closed to the public, nr when the.( n until directs ntherwise_ 1 4 3 Carneraq used for the gavel-to-gavel coverage shall he owned by the City and o ern ated only by City employees or persons under contract with the City- 144 ity_144 Cameras shall he operated so that they are fo . is .d only on the officially recognized speaker, and on any visually displayed information they may he showing 1.4.5 "Reaction" shots will not he permitted Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. _ Page 13 2-19 1 4 F The City Clerk's minute-, shall remain the offs .ial record of Council proceedings 147 Tins on the Dais_ z 1. Avnid saying things near a minrnrh_ nne ynn do not wish heard. 2. A-,k all speakers to come forward to the podium_Speakers shall direct their comment-,tn the. Council- not the audience. Discourage people from speaking-aking from the audience. 3. Certain colors of clothing Present difficulties to the television system, and thus can he distra . ing to viewers a hom . White .a uses glare and makes the picture around it al3pe^r dark, caLying loss of detail Rright red and orange reproduce nor y nn televkinn and r.,qn al-,n mquse glare nrnhlems. Clothing with finean tt erns, such as stri .nes and grids, can canse s rainhoA;effect in the picture that is extremely distracting Shinynbject-,that reflect light shnuld he avnided 6nnd cnlnrs for television include hlne5, green.5, browns_ grafi, and mostsna_telc Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 14 2-20 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 C'Oi1NC I . 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, F.DiC'Ai DENTAi.9 ViSiON, AND i I iN, I ANC E 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) 2.3 PROFESSiONAi. DEVELOPMENT Allowances shall be budgeted for the Mayor and each Council Member as follows: 23.1 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) 2.3.2 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: Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 15 2-21 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. (Res.8776) 2.3.3 CHANNEL COUNTIES DMSION 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 RiISINF.SS AND MTi.F.AGE RVINIRTIRSF.MENT 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 Fxnense Allowannei Council Member $300 Mayor $450 2.4.2 MILEAGE Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 16 2-22 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 owance- 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) 25.1 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 REBIBURSEMENT 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) 2.5.3 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. (Res. 8776) Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 17 2.23 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) 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 COUNCH.CONMENSATION CON"UTTF.F. 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. (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 populationibudget 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 Manual 2000 Amended 2/1/00 by Resolution No. Page 18 2-24 CHAPTER 3 COUNCIL POWERS & APPOINTMENTS 3.1 MAYOR-POWER AND DIMES 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) 1 1 4 The Mayor may order flags flown nn City p=aty to he lnwered to half-staff in mouming for any memher of the cnmmnnity designated to have made significant rnntrih itinns to the City of San Luis Obispo_ in accordance with recognized mn tnms or practices not incnnsistent 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. (Motion adopted 12/19/83 and 12/02/85.) Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 19 2-25 33 FILLING-' CCN1NCH 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 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. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 20 2-26 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. (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 GF.NF.RAL POWERS OE THF. C OUNC i. 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) Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 21 2-27 3.5 ADMiMSTFRiNG 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 i- MiTATiONS 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 AC'TiON 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 ORDiNANC'E.S 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) Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 22 2-2Q 0 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) 3.10 i.F.GiCi.ATiVF. ACTION PROGRAM The City has adopted an aggressive legislative program to strengthen local govemment, run mote City goals, and defend the City a ains legislative actions by state and federal govemments that would weaken local governmentor take - I traditional revenue sources_ In order to respond promptly and proactively to fas -paced legislative changes the City Council has authorized Circ staff to take positions nn legjslatian provided the positions are consistent with the Legislative Actin Priorities established annually by the C i y Council, andlor resolutions or recommendations of the l.enghe of Califnmia Cities_ (Resnlutinn No 89121 3.11 AMiCi1S CURiAF. PARTICIPATION The Cit i, •s frequently requested Mjoin as amirus ruriae (friend of court) in cases of statewide significance to cities_ Recanse of the often short time limits for filing amiruy rurine briefs,the Cmty Cnuncil has-authorized the City Attnrney to nartkipate in snnh briefs, at nn cost to the City, if the Legal Advisory Committee of the T.eae ie of Califnmia Cities has urgesarti .i an tinn- (Resolution Nn_ 9443) Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. _ Page 23 2-29 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 ofjtrl 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) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC § 54954.2) 4.2.4 ACTIONS Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 24 2-30 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 Manual 2000 Amended 2/1/00 by Resolution No. Page 25 2-31 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 SPECiAi,ME.E.TiNGS Special Meetings may be called by the Mayor or a majority of the Council with strict notification requirements d .liivvereld to the media and Council 24 hours before the time of the meeting. (GC § 54956) 4.4 EMERGENCY ME.E.TiNGS Emergency meetings may be called without the normal 24 hour notice and posting requirements if prompt action is require due to the disruption or threatened disruption of public facilities withoa�nvtificdtion. Only work stoppages,yr crippling disasters,that or ether activities which severel impair the public health and/or safety qualify for emergency meetings. (GC § 54956.5.) 4-5 Fi ECTRONiC MAii (EMAH,,), THE PURLIC RECORDS ACT AND THF RROWN ACT City email is no less a parr of"official city businecc" than any other written corrernondence, and there is no ex=ectation of privacy for rity email messages Gond judgment and common sense should therefore 13revail t all times regarding its app=riate use For further detgil, pleare gee the Cit)z'e"Flectronic.Mil Polio and Charmer-5 of this manual. City email is guhiect tn dicclpc ire under the Public Records Act and is subjent to the. requirements of ihe. Rm�Am Act While the grown Act does not i rnhihit the uge of email to make individual r. ntactc between members of the Council nr the n ihhir nr staff great care chnuld he taken to avnid the nse of email to contact a majority of the Cnimcil either indiQually ar serially±, "in a cormented plan to engage in cnlltivedeliheratinn nn public huginess"_ 4.56 OTHER PROViSI'ONS 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 Manual 2000 Amended 2/1/00 by Resolution No. Page 26 2-32 CHAPTER FIVE COUNCIL/STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The fatl-City Council ac a whole 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) (formerly 5.2.1 Council Power) This chapter addresses the relationship and conduct between Council Members and staff with the intent of the Council to: 1) affirm that gnyerning shall he by will of the collective CnnnciL and 2) establish o iid .lin s for Council and staff to ensure nrderly, nongistent and nren City gnvernment 5.1.2 fwolu�LVTION Erma,a eumcit nreinbcas fiee access to the flow of ally ildblillatiull Irldtivu to dic LuLurbIg-of the eity cuid to ftmuze that sudi firffinnation is wimmuticated by staff i3i fall mid with cuadui *void fixtrLmion by individaai eumicil Members into thuse mems which should be die whole. (Res. 5369) Protect staff ficin undue fiffluen" mid piesscur. flum individtat eoLumit Menibeis, and to of reprisal. (Res. 5369) 5.2 GUIDELINES FOR C'Oi1NCii. MF.MRRRC 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) (formerly Section 5.3.1) Council Policies&Procedures Manua12000 Amended 2/1/00 by Resolution No. Page 27 2-33 5.2.1 RU)ITFRTS 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. (Res. 5369)formerly 5.2.4. Council Members shall make routine and/nr simple requests for information through the. appranriate department head Complex or cnmprehensive requests for information shall he made through the CAO. 5.2.2 DIRECTION TO STAFF Generally, Council Members shall make requests for work to he done thmugh 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. (Res. 5369)formerly 5.2.2. 5.2.4 fNFORNLMON widaurdOL Uf staff in being plavided with miy iquested firfbintation. (Res. 5369) 5.3 G111DELLURFOR STAFF R tall recno ices that it-,primary fim .tion is to execute Council policy and to keen the Council informed_ The CAO and sniff are committed to treating each Council Member equally- 5.3.1 qual1T 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 Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 28 2-34 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). (formerly 5.3.3) 5.3.2 DIRECTION FROM COUNCH 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) formerly 5.3.2 5.3.3 STAFF CUPPORT TO TNDTVTDUAI, COUNCQ. 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 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. (formerly 5.3.5) 5.3.5 SIGNIFICANT INFORMATION Any information, service-related needs, or policy positions perceived as necessary by individual Council Members which cannot be fulfilled per the above guidelines should be raised by the individual Council Member under the "Communications" category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines. formerly 5.3.6 Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 29 2-35 5.4 PAWL AND77REMOTE ACCESS TO PA R4 CO3D92iCA11ONS ANn INFORMATION SYSTFMS 5.4.1 TELFTIRONF.S The City will pmvide each Council Member with direct access to the City's telephone .Vycte from their homes information Systems will coordinate installation of a telephone line and a telephone with voice mail and fax capability for the Council Memhers use at home while in office The City's Tel hone I Tse Po". A plies to Cmincil Memhers nae of these telephones- 5A.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY The City will provide each Council Member with a comm ta comrrter workstation and related City-standard snflware for their home use while in office-Th s . omputerS and software will he ungraded or replaced pursuant to the City's cnniprtes .r replacement 1nh MadMIL UNU to curd fion, Cn rncil Member a .c .sg and us . of the City's computer systems Systems policies curd piucedwes. Pled= Mf�L to dris Va icy fbi curuplete . is subject to all of the City's guidelines conceming the use of its information technniou r .-o it . s_ The most important of the-Re am • The City's information systems exist solely for theip�rpose of conducting City huginegg, not intended for pemo_ nal use • All data (including electronic mail me-sages) is owned by the City and su 'ect to n ibli . dis .los it • All software and hardware installations should he made by Inform Systems staff Except for screensavers, personal software is not allowed an City workstations; and all application snftware must he owned by the City and used in- compliance n comp liance with all software licensing aaeements_ All of the City'- information technology policies are included in the MTS Poliriec and Pr»c durvc Manual, which is available fpr Council Memhers' review upon re l P-t_ 5.4.3COMPiiTF.R TRAINING Training on City applications and remote access to City Hall network information systems will be pravided-coordinated by the Office of the City Clerk. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 30 2-36 5.4.34. SFCTIRITV 5.4.3.2 Passwaids. Ttic eity stixudkud fog-in mune is finst irritial and last mune up to eigin Because, passwords me dre key to system secLuity, it is esseutial that divy drr: i10L Each Cnimcil Member shall have a uniquely-asRig ed user name and password for security purposes While this cannot guarantee privacy, confidentiality or data security, it is an imnnrtant cnmpnnent of the City's overall system protection_ Passwords shnuld never he shared with others. 5.4.5 INTERNET ACCESS Council Members are authorized to use the City's Internet connection, which includes electrnnic mail, for the purpose of rondunting City business and communinnting with the public_ The City's Internet Access and i Ise Policy isapplicable to Council Memhers_ 5" ELECTRONIC MATT. Cnuncil Members will have access to the City'- electronir, m it (Email) System,which allows Email communication internal to the City and with others via the Tntemet Email carr stondence sent and received by members of the City Council via the City's website are public records and subject to dis ins it The City's Flectronic Mail Pnliq is ap livable to Cnuncil Members 5.4.7 SUPPORT RESPONSIBILITIES 5.4.7.1 Information Systems will provide fifitial instadhition of extemai modems mi 's r Sonsible for installing all remote access hardware and software, including cnmpt .r workstations, printers, telcphnnes and fax machines, and fnr removing them at the end of the Council Member's term of nffice_ 5.4.7.2 The Office of the City Clerk will provide coordinate training on standard City application software eity and provide related office supplies. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 31 2-37 5A.8 COUNCIL MEMBER RESPONSIBILITIES , eteik's Bepintluent. &Wti iciiiutr. LLSUI witf have dir. same levet of accemb of piogrMin, fites ws dley would while an site. (?vfuduu adopted W20/93)— Ccnmcil Members are rennsihle for using City information technology resources in accordance with the City's normalnln ices procedures, and p yid .lin s. Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 32 2-38 CHAPTER SIX ADVISORY BODY PROCEDURES 6.1 ROLF. OF COi1NCii, LIAISON 91JECOMMiTTEE MEMBERS Annually, the Mayor shall appoint two members of the City Council to serve in a liaison capacity to Pah Ci advigory hndy_(includes commis-,ion-,, committee and hoard_ The subcommittee cha_ll consist of the Chair and one Member. (Sc . 6 59 for appointment procedures) Council liaisons do not gerve a-, ex-officin members of the advisory hodies, but rather as a conduit to exrecc the nncition of the Council and to gain n hetter understanding of the issue-, considered by the advignryham. 6.1.1 COMMUNICATION The purpose of the liaison assignment is to l*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. 6JA ATTENDANCE From time to time, attend commission meetings for observation purposes only. (ABH § 11,C) i.iaigon memher; should he sensitive to the fact that they/ are not naTticpating members of the advisory hody, but are there rather to create a linkage between the City Council and advisory hey. 1n interacting with advisory bodies, Council Members ar . to reflert the majority view of the Council ac a whole,rather than their awn personal opinions- &2 pinions_b.2 COUNTY OR REGIONAi,REPRESENTATiON Annoy, the Mayor shall make appointments to a variety of County and/or regional committees and hoards One member of the Council shall serve as a voting refire-,entative and one memhers shall serve ac alternate_ (See 6 5 2 for anointment procedures) Voting delegates shall reflert the majority view of the Council acs whole, rather than their own p_ersnnal npinions_ Council Policies R Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 33 2-39 633 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern and/or study. in accurdmicv, with the adopted Legislative Action Piocess. Sannumized, flic Fluumb ullin . . Pies of brague, cuinniunicatium, identifying key issues with officiad Leagae positions mid, as specified in Exhibit A of the policy,chafting,reSpulibes. The draft is typed by die eumicif SCULCt3ly, ievirlwed by die eAE), signed by the btaym, mid subsequently , position wilt nut be. taken rudess there is time to bfil% the matte, to flie ecuncit 6.3 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MF.F.TINGS 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 6.3.2 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. 6.3.3 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 Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 34 2-40 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 § III,B.Lg) 6.3.4 RECONEWENDATIONS Recommendations or Reports to Council must be in written form. (ABH § III,B.l.b). 6.4 ROLE OF rrTY 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. 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 PROCF.DITRF.S 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 Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 35 2-41 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 § III,C) 6.6.1.2 The applicant must be at least 18 years of age at the time of appointment. (ABH § III,C) 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 § IIID) 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 § IIID) 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 § III,D) 6.6.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 36 2-42 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) 6.6.3 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 terms 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 § 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. 6.63.4 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 Council Policies&Procedures Manual 2000 Amended 2/1/00 by Resolution No. Page 37 2-43 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&Procedures Manual 2000 Amended 2/1;00 by Resolution No. Page 38 2-44 MEFT'NG AGENDA RICHARD SCHMIDT 112 Broad Street, San Luis Obispo, CA 93405 (805) 544-4247 • e-mail: rschmidt@Calpoly.edu January 31, 2000 VIA FAX OtOUNCIL o Re: Agenda Item 2: Council Policies and Procedures OTAO °R1 21CAO 0 Flrr c..... 'ATTORNEY O PYJ Dm, City Council 2tLERKIORIG ❑POLICE C;7 ❑MGMT TEAM O REC DIR City of San Luis Obispo �• -tR� ►0t]NE ❑unL DIJ O PERS D p, Dear Council Members: I wish to offer some brief comments about items in this packet. 1. First, regarding two versus three council members being the minimum to get an Item on the agenda, of couse two should be sufficient (or even one, in some cases as discussed below). This is a democracy, not an autocracy, and if two council members (meaning 40% of the council, presumably representing at least 40% of the citizens) want an item to be discussed by all, it should be discussed. If they are in the minority, the item will not be acted upon favorably, but democracy will be served. 2. Item 1.2.2. One council member should be able to get any discussion item (as • opposed to action item) agendized. This is only a courtesy. Comment: The city is far too obsessed with getting everybody rowing in the same direction. Such rowing is fine if you are in fact rowing a boat, but representative government is very different from rowing a boat and requires the emplacement for creative and even abrasive friction if it is to function openly and meaningfully. If a council member abuses meetings by having too many non-supported items agendized for discussion, other council members should take him or her aside and request better judgment; but fear of meeting monopolization ought not be used to forestall varied and wide-open discussion. 3. 1.2.1 is mute on how items actually get onto the council agenda. It shouldn't be. We all know they are placed there by staff, and that this is anti-democratic. Council needs to reassert more control over agendas. In addition to making it easier for council members to place items on the agenda, it must be easier for them to block items from appearing on the agenda. Many inappropriate items have been agendized by staff, and council members have thereby been positioned and forced to respond to things they should never have been asked to respond to. (The perennial "reconsideration" of state water pops into mind, along with numerous others.) Loosening staff's control of the agenda is a good democratic action. Prior to the Dunin era, the mayor had final say on whether Items got agendized, and In what order they were heard, It Is time to return to that practice. RECEIVED FEB 0 1 2000 SLO CITY COUNCIL 4. 1.2.10. Consent items need to be advertised. Often they are not, even when controversial. A recent example was the Prefumo Homes item, which went unadvertised despite being a major issue of community concern. 5. 1.3.7.3.5 The city has been so lax in dealing with the municipal advocate ordinance • that it needs to do more than put nice words into its policy. In compensation for this laxity, somewhere in these policies the mayor should be directed to announce at the beginning of the public hearing section of each meeting that paid advocates must register and must identify themselves as such when they speak. 6. 1.3.7.4.1.3. This is poorly worded. With the "and/or" language could be interpreted as directing an advocate to provide the name and address of the applicant instead of his or her own. 7. 1.4.1. 1 have no idea what the intent of this is, but it is evidently poorly worded. Clearly, for the city to prohibit editing or editorial comment in any video coverage of council meetings is an absurd violation of the First Amendment. The city may be able to make such a requirement of its own employees if they are performing a city function in broadcasting a meeting, but cannot make such a requirement of a public journalist. 8. 1.4.7.3. Is this a council dress code? Bizarre for a policy statement. Obviously, the most important items are the earlier ones in this letter. Please open your agendas democratically by adopting numbers 1 though 4, and note revisions heeded for other items. • Sincerely, Richard Schmidt MEETING AGENDA DATE A- 1-00 I`EM 9 February 1, 2000 �ORNEr ❑PW L:.; CLERKIORIG ❑POLICE CHF TO: City Council ❑LIGMT TEAM ❑REC DIR FROM: Tan Howell Marx V;1 USUNE ❑UTIL DIR RE: Council Policies and Procedures 0 O PERS DIR I would like to offer the following alternative language (in bold) for Council consideration: 1.1.2.3 ...If at the hour of 11:00 p.m..the City Council has not concluded its business.-the Mayo,. tvith assistance from the-eA-0 the Council will review the balance of the agenda... 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. USE OF COUNCIL CHAMBERS [numbering problem—section 1.1.56 has been renumbered) 1.2 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 fi=hxffim and also work programs. objectives and business of the City ...Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda which are outside the scope of existing work programs of the City. except as approved by the Mayor and permitted under 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. jQuestion where does the Charter give those instructions?] The process for determining the order of and preparing the agenda is based primarily on a format adopted by the City Council (See Section 12.5.8). The staff process for establishing the order of business and public hearing items is a collaborative one, determined largely by antici ap ted public attendance (...).The final agenda order is set subject to the approval of the Mayor,after consultation with the CAO.City Attorney and City Clerk. On a rotating basis. individual members of the Council shall attend agenda review meetings with the CAO and department heads to discuss logistical issues on the morning of the City Council meeting. RECEIVED FEB 12000 SLO CITY CLERK 1.2.2 PLACING AN ITEM ON THE AGENDA(COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting ' a request orally or in writing to consider the matter and discussing the request during Communications. Upon approval of two members efa majority of the Council, staff will prepare a staff report within 60 days if formal Council action is required.... 1.2.4 Recommendations made by advisory bodies as part of their normal scow of duties and responsibilities shall be timely referred-to placed on the City Council agenda by staff...During Communications any member of the Council may ask for consideration of the request and ul2on eonsenstis of a nraiorfty approval of two members of the Council,a staff report will be prepared and approved by the CAO or his or her designee 1.2.58 ORDER OF BUSINESS 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2-69 CONSENT ITEMS Consent items are the first items on the agenda. Only items that are routine, have been diseassed befoje relate to implementation of approved budget items, to City operations, or 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 Public Hearing or Business item, not placed upon Consent agenda. 1.3.7 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. Members of the public also may address Hearing or Business items which appear on the agenda. A time limit of three minutes per individual is provided. An individual may allocate his or her three minutes to another speaker. A speaker slip must be .filed with the City Clerk prior to the beginning of the meeting. 1.3.7.3.5 Shall register as a Municipal Advocates if they are testifying as paid representatives as defined in the Municipal Code CONSENT ITEMS 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda session unless a majority of the Council chooses another an earlier time. 3.11 ...the City Council has authorized the City Attorney to participate in such briefs with the approval of the Mayor,at no cost to the city_ if... 5.2.1 REQUESTS FOR INFORMATION Council members shall make routine and/or simple requests for information through the appropriate demitnient head staff member. Complex or comprehensive requests for information shall be made through the CAO. 5.2.4 INFORMATION BACK IN: Individual Council Members as well as 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. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primM function is to execute Council policy and keep the Council informed. Staff shall not advocate its own agenda, but shall present the Council with all alternatives in an objective.succinct manner. Staff shall not conceal relevant information from Council or the public. The CAO and staff are committed to treating each Council Member equally. 6.4 ROLE OF CITY STAFF PERSONS (Second paragraph) Staff support includes...backup material if necessary. Staff shall recognize that members of advisory bodies are volunteers and must be treated with respect and courtesy. Advisory body members should have sufficient information...(to end) MEETING AGENDA DATE9_..=00-ITE�f1 February 1, 2000 ORhEY ❑PW TO: City Council CLMIORIG ❑POLICE CHF ❑MGMT TEAM ❑REC DIR FROM: Jan Howell Marx QK-1 "521UE O UTIL DIR RE: Council Policies and Procedures E ❑PERS DIR I would like to offer the following alternative language(in bold)for Council consideration: 1.1.2.3 ...If at the hour of 11:00 p.m.- the City Council has not concluded its business--he the Council will review the balance of the agenda... 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. USE OF COUNCIL CHAMBERS [numbering problem--section 1.1.56 has been renumbered) 1.2 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 inghpft and also work programs- objectives and business of the City ...Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda which are outside the scope of existing work progams of the City- except as approved by the Mayor and permitted under 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. jQuestion where does the Charter give those instructions?] The process for determining the order of and pre-paring the agenda is based primarily on a format adopted by the City Council (See Section 1.2.5.8). The staff process for establishing the order of business and public hearing items is a collaborative one, determined largely by anticipated public attendance (...).The final agenda order is set subject to the approval of the Mayor,after consultation with the CAO. City Attorney and City Clerk On a rotating basis. individual members of the Council shall attend agenda review meetings with the CAO and department heads to discuss logistical issues on the morning of the Cily Council meeting RECEIVED FEB 1 2000 SLO CITY CLERK 1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting in-writing a request orally or in writing to consider the matter and discussing the request during Communications. Upon approval of two members of majority of the Council, staff will prepare a staff report within 60 days if formal Council action is required.... 1.2.4 Recommendations made by advisory bodies as part of their normal sco a of duties and responsibilities_ shall be timely referred-to placed on the City Council agenda by staff...During Communications any member of the Council may ask for consideration of the request_ and upon cousenstis of a majority approval of two members of the Council, a staff report will be prepared and approved by the CAO or his or her designee. 1.2.58 ORDER OF BUSINESS 1.2.5.9 Business Items 1.2.5.10 Liaison Reports 1.2.5.11 Communications 1.2:69 CONSENT ITEMS Consent items are the first items on the agenda. Only items that are routine, have been discussed befoic, relate to implementation of approved budget items, to City operations, or 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 Public Hearing or Business item, not placed upon Consent agenda. 1.3.7 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. Members of the public also may address Hearing or Business items which appear on the agenda. A time limit of three minutes per individual is provided. An individual may allocate his or her three minutes to another speaker. A speaker slip must be filed with the City Clerk prior to the beginning of the meeting. 1.3.7.3.5 Shall register as a Municipal Advocates if they are testifying as paid representatives as defined in the-Municipal Code CONSENT ITEMS 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda session unless a majority of the Council chooses another an earlier time. 3.11 ...the City Council has authorized the City Attorney to participate in such briefs, with the approval of the Mayor.at no cost to the city_ if... 5.2.1 REQUESTS FOR INFORMATION Council members shall make routine and/or simple requests for information through the apprro riap to deem tnient head staff member. Complex or comprehensive requests for information shall be made through the CAO. 5.2.4 INFORMATION BACK IN: Individual Council Members as well as 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. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and keep the Council informed. Staff shall not advocate its own agenda, but shall present the Council with all alternatives in an objective.succinct manner. Staff shall not conceal relevant information from Council or the public. The CAO and staff are committed to treating each Council Member equally. 6.4 ROLE OF CITY STAFF PERSONS (Second paragraph) Staff support includes...backup material if necessary. Staff shall recognize that members of advisory bodies are volunteers and must be treated with respect and courtesy. Advisory body members should have sufficient information...(to end) WONG AGENDA DATEa_ITEM # Im�V �►►����� �����COUNCIL HEH01 4N SUM DATE: February 1, 2000 FeATMRNEY ❑CDD DIR TO: Council Members ❑FIN DIR ❑FIRE CHIEF ❑PW DIR FROM: Vice Mayor Schwartz ❑POLICE CHF ❑REC DIR Lee Price, City Clerk _ ❑UTIL DIR ❑PERS DIR SUBJECT: Council Policies and Procedures Attached are suggested changes to Item 2 (Council Policies and Procedures) offered by Vice Mayor Schwartz RECEIVED FEB 1 1000 SLO CITY CLERK Council Memo Template Clarify that meetings shall be held within the City limits. 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 within the City limits and 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. e 1.1.4 SPECIAL MEETINGS 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 ci y 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. Correct section reference on page 3 1.1.5 USE OF COUNCIL CHAMBERS .......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 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 unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.0. (Res. 8496 & 8783). Re-word for clarity: 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The process for determining the format and order of and prepaFiRig the agenda is basedprimarily on ajbn�ag 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. In addition, the CAO, City Attorney and City Clerk review the agenda materials with the Mayor. Based on this input, the final agenda is set. 1.2.4- 2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting in writing a request to consider the matter and verbally making the request during Communications section of the regular agenda..—, and-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 Add for clarity: 1.2.2--5 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 C.A.O. or his designee. Eliminate duplication;group together language relevant to Consent Calendar. /71CONSENTT . 1 (1 SENT FFEN S - r nt :+,._.ts e the first items eft t agenda have been-disetisaed befefe, relate to implententation of appy- ..... hearing�- Move this language to 1.3.8 (page 12) 1.3.8 CONSENT ITEMS Consent items are the first items on theagenda (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). 1.3.8.1 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 ... 1.3.8.3 ... Remove reference to table: 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the City Council policy (State law and Robert's Rules). See Table 1.3.4 whin The following summarizes the most frequently used actions. Add new language re: written comments and clarify how to address the council: 1.3.7 PUBLIC COMMENT Members of the public may address the City Council in a variety of ways Written comments on agenda items are encouraged and are most effective if presented at least five days prior to the meeting. 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 The following are guidelines for providing 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... 1.3.7.3... 1.3.7.3.1... 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. Written eefmnefM aic eneetuaged a� should L submitted tted before the F7[ivai� hearing is elesed an that item. See Section 1.3.7 1.3.7.3.4 ... Wr fING AGENDA DATEa_RM 1miuuqjjjgm►►i►►►jnscaCO UNOL HEHONPANDUH DATE: February 1, 2000 BTOUNCIL 0 CDD Of TO: Council Members ErCAO 0 FIN DIR RACAO 0 FIRE CHIEF ATTORNEY 0 PW DIR FROM: Vice Mayor Schwartz GKLERK10RIG 0 POLICE CHF ❑MGMT TEAM 0 REC DIR Lee Price, City Clerk �, �N 0 UTIL DIR 0 L 0 PERS DIR SUBJECT: Council Policies and Procedures Attached are suggested changes to Item 2 (Council Policies and Procedures) offered by Vice Mayor Schwartz RECEIVED FEB 12000 SLO CITY CLERK Council Memo Template Clarify that meetings shall be held within the City limits. 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 within the City limits and 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. 1.1.4 SPECIAL MEETINGS 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. Correct section reference on page 3 1.1.5 USE OF COUNCIL CHAMBERS .......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 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, unless otherwise approved by the CAO (see exception noted in Section 1.1.5.2.0. (Res. 8496 & 8783). Re-word for clarity: 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The process for determining the format and order of the agenda is based primarily on ajenrat 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 involvingLQreater 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. In addition the CAO, City Attorney and City Clerk review the agenda materials with the Mayor. Based on this input the final agenda is set. 1.2.4- 2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) Any Council Member may request an item be placed on a future agenda by submitting in writing_a request to consider the matter and verbally making the request during 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 Add for clarity: 1.2. 5 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 everX 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 C.A.O. or his designee. Eliminate duplication;group together language relevant to Consent Calendar: 1.31.69 CONSENT !TEEMS have-been-disetissed be€ere,-relat budget items, of to Gity operations er- iteffis to be later set fef p hem- Move this language to 1.3.8 (page 12) 1.3.8 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). 1.3.8.1 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 6/12/9 1). 1.3.8.2 ... 1.3.8.3 ... Remove reference to table: 1.3.4 PARLIAMENTARY PROCEDURE Those rules in effect according to the Cify Council policy (State law and Robert's Rules). See-ale--1.3:4, whieeb. The following summarizes the most frequently used actions. Add new language re: written comments and clarify how to address the council. 1.3.7. PUBLIC COMMENT Members of the public may address the City Council in a variety of ways Written comments on agenda items are encouraged and are most effective if presented at least five days prior to the meeting. 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 The following are guidelines for providing 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... 1.3.7.3... 1.3.7.3.1... 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. Witten ee aufaged- offid should b submitted before the-die heming is elesed an that item. See Section 1.3.7 1.3.7.3.4 ... 1 PLAN CONSENT ITEMS 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda session unless a majority of the Council chooses another m,em lie, time. 3.11 ...the City Council has authorized the City Attorney to participate in such briefs with the approval of the Mayor,at no cost to the city, if 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as 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 and/or simple requests for information through thea pate deum tment head staff member. Complex or comprehensive requests for information shall be made through the CAO. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its ILnmga function is to execute Councilo�licy and keep the Council informed. Staff shall not advocate its own agenda but shall present the Council with all alternatives in an objective.succinct manner. Staff shall not conceal relevant information from Council or the public. The CAO and staff are committed to treating each Council Member equally. 6.4 ROLE OF CITY STAFF PERSONS (Second paragraph) Staff support includes—backup material if necessary. Staff shall recognize that members of advisory bodies are volunteers and must be treated with respect and courtesy. Advisory body members should have sufficient information...(to end) CONSENT ITEMS LA VA 70� 1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda session unless a majority of the Council chooses another mi earficr time. 3.11 ...the City Council has authorized the City Attorney to participate in such briefs with the approval of the Mayor,at no cost to the city, if 5.2.1 REQUESTS FOR INFORMATION Individual Council Members as well as 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 and/orim 1p_e requests for information through the appropriate department head staff member. Complex or comprehensive requests for information shall be made through the CAO. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its pLimaa function is to execute Council policy and keep the Council informed Staff shall not advocate its own agenda but shall present the Council with all alternatives in an objective,succinct manner. Staff shall not conceal relevant information from Council or the public, The CAO and staff are committed to treating each Council Member equal 6.4 ROLE OF CITY STAFF PERSONS (Second paragraph) Staff support includes...backup material if necessary. Staff shall recognize that members of advisory bodies are volunteers and must be treated with respect and courtesy. Advisory body members should have sufficient information...(to end) 1.3.8.4 Pulled items shall be heard at`the close of the Consent Agenda session unless a majority of the Council chooses another an earlier time. 3.11 ...the City Council has authorized the City Attorney to participate in such briefs with the approval of the Mayor,at no cost to the city, if 5.2.1 REQUESTS FOR INFORMATION Council members shall make routine and/or simple requests for information through the appropriate deowtinent head staff member. Com lex or comprehensive requests for information shall be made through the CAO 5.2.4 INFORMATION BACK IN: Individual Council Members as well as 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. 5.3 GUIDELINES FOR STAFF Staff shall recognize that its primM function is to execute Council policy and keep the Council informed. Staff shall not advocate its own agenda but shall present the Council with all alternatives in an objective succinct manner. Staff shall not conceal relevant information from Council or ire public. The CAO and staff are committed to treating each Council Member equally. 6.4 ROLE OF CITY STAFF PERSONS (Second paragraph) Staff support includes...backup material if necessary. Staff shall recognize that members of advisory bodies are volunteers and must be treated with respect and courtesy. Advisory body members should have sufficient information...(to end) Wp-n Sew ` n5 has fm-AJ-,J,-rQ,no�bp& ' �t