HomeMy WebLinkAbout02/01/2000, 2 - RESOLUTION REVISING COUNCIL POLICIES AND PROCEDURES Council MR02-01-00
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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.
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Council Agenda Report—Resolution Revising Council Policies &Procedures
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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.
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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.
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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
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city council meetmG date: 2/l/00
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city of san Luis OBISPO
COUNCIL POLICIES
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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$
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1.1.3.3 Participation of the public shall be at the discretion of the Presiding
Officer,upon consensus of the Council.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the
City Council. (GC 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
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after the
Council Compensation Committee conducts a biennial review and makes a recommendation. See
Section 6 of this Chapter.
2.1 SALARIES FOR MAYOR AND 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:
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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
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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)
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2.5.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her participation
in a meeting or conference, the amount of the honorarium shall be deducted from the amount
normally provided by the City for that meeting or conference if the City paid for the Council
Member's attendance at such meeting or conference. (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)
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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.)
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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.
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3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be
held by the Council to consider the selection of an applicant to fill the
vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the
public at least four days before the opening of the meeting.
3.3.5.3 Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
3.3.5.4 At the meeting each applicant wishing to serve should be present to verify
that they would be willing to serve, if appointed, and that they are
residents of the City. Each candidate will be given five minutes to make a
presentation to Council. (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)
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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)
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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)
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CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M. Brown Act,
State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and
actions of local public agencies are conducted in open and public meetings. The law provides for
misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition,
violations are subject to civil action (GC § 54960). A current copy of the Act will be provided to
all.Council Members assuming office, but the provisions that most directly affect the Council are
summarized in this Chapter(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
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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)
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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.
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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)
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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.
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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