HomeMy WebLinkAboutr10323 adopting revised council policies and procedures manualRESOLUTION NO . 10323 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING A
REVISED COUNCIL POLICIES AND PROCEDURES MANUA L
WHEREAS,the City Council has adopted a certain manual entitled "Council Policie s
and Procedures" to define and ensure the proper conduct of the City's business by the Cit y
Council and in compliance with State law and the City's Charter and Ordinances ; and
WHEREAS,the Council periodically revises its Council Policies and Procedure s
Manual to ensure clarity, consistency with state law, and conformity with the City Charter an d
Ordinances .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo :
SECTION 1 .The Council hereby amends the Council Policies and Procedures Manual ,
a copy of which is attached hereto marked Exhibit "A", and replaces all previous versions of th e
Council Policies and Procedures Manual .
SECTION 2 . A copy of the Council Policies and Procedures Manual shall b e
maintained on file in the Office of the City Clerk, shall be distributed to all Council Member s
and Department Heads, and shall be available to the public during reasonable business hours .
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, an d
on the following vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpente r
and Mayor Marx
NOES :
Non e
ABSENT : Non e
The foregoing resolution was adopted this 3`d day of January 2012 .
ATTEST :
y~d2~laina C ;o
UU City Cler k
APPROVED AS TO FORM :
R . 10323
city of san Luis .oBisp o
COUNCIL POLICIE S
AND PROCEDURE S
MANUA L
Adopted by the City Counci l
April 20, 2004, Resolution No .955 4
Updated by the City Counci l
May 2, 2006, Resolution No . 979 4
November 16, 2008,Resolution No . 1004 1
January 3, 2012, Resolution No . 10323
COUNCIL POLICIES &PROCEDURE S
TABLE OF CONTENT S
FORE WARD 1
CHAPTER ON E
MEETING GUIDELINES &PROCEDURES 2
1 .1 MEETING SCHEDULE 2
1 .1 .1 MEETINGS OF COUNCIL 2
1 .1 .2 REGULAR MEETINGS 2
1 .1 .3 STUDY SESSIONS 2
1 .1 .4 SPECIAL MEETINGS 3
1 .1 .5 USE OF COUNCIL CHAMBER 3
1 .2 AGENDA 4
1 .2 .1 ESTABLISHING THE COUNCIL AGENDA 4
1 .2 .2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)4
1 .2 .3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)5
1 .2 .4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC):5
1 .2 .5 EMERGENCY ITEMS 5
1 .2 .6 RECONSIDERATION 5
1 .2,7 ORDER OF BUSINESS 6
1 .2 .8 NOTIFICATION AND ADVERTISING 6
1 .3 MEETING PROCEDURES 6
1 .3 .1 PRESIDING OFFICER 6
1 .3 .2 QUORUM 7
1 .3 .3 DISCUSSION RULES 7
1 .3 .4 PARLIAMENTARY PROCEDURE 8
1 .3 .5 PROTOCOL 8
1 .3 .6 VOTING PROCEDURES 9
1 .3 .7 PUBLIC COMMENT 1 0
1 .3 .8 CONSENT AGENDA 1 2
1 .3 .9 COMMUNICATIONS 1 3
1 .3 .10 CLOSED SESSIONS 1 3
1 .4 MEETING COVERAGE 1 4
CHAPTER TWO
COUNCIL COMPENSATION 1 5
2 .1 SALARIES FOR MAYOR AND COUNCIL MEMBERS ,1 5
2 .2 RETIREMENT, MEDICAL, DENTAL,VISIONAND LIFE INSURANCE 15
2 .3 PROFESSIONAL DEVELOPMENT 1 5
2 .3 .1 PROFESSIONAL DEVELOPMENT 1 5
2 .3 .2 START-UP ALLOWANCE 1 5
2 .4 CITY BUSINESS AND MILEAGE REIMBURSEMENT 1 6
2 .4 .1 CITY BUSINESS 1 6
2 .4 .2 MILEAGE 1 6
2 .5 GENERAL PROCEDURES AND LIMITATIONS 1 6
2 .5 .1 ACCOUNTING 1 6
2 .5 .2 REIMBURSEMENT LIMITATION 1 6
2 .5 .3 SPECIAL EXPENSES 1 7
2 .5 .4 OTHER GUIDELINES 1 7
2 .5 .5 DISCLOSURE AND REPORTING REQUIREMENTS 1 7
2 .6 COUNCIL COMPENSATION COMMITTEE 1 7
2 .6 .1 MEMBERSHIP 1 7
2 .6 .2 REVIEW RESPONSIBILITY 1 7
CHAPTER THRE E
COUNCIL POWERS & APPOINTMENTS 1 8
3 .1 MAYOR - POWERS AND DUTIES 1 8
3 .2 APPOINTMENT OF VICE-MAYOR 1 8
3 .3 FILLING COUNCIL VACANCIES 1 8
3 .3 .1 APPOINTMENT OR SPECIAL ELECTION 1 8
3 .3 .2 PUBLIC APPOINTMENT 1 9
3 .3 .3 ADVERTISE FOR APPLICANTS 1 9
3 .3 .4 QUALIFICATIONS 1 9
3 .3 .5 PUBLIC MEETING 1 9
3 .4 ADMINISTERING OATHS : SUBPOENAS 2 0
3 .5 LIMITATIONS : 2 0
3 .6 METHOD OF ACTION BY COUNCIL 2 0
3 .7 ORDINANCES 2 1
3 .8 ACCEPTANCE OF GRANTS OR DEEDS 2 1
3 .9 LEGISLATIVE ACTION PROGRAM 2 1
ii
3 .10 AMICUS CURIAE PARTICIPATION 2 1
CHAPTER FOU R
THE BROWN ACT 2 2
4 .1 APPLICABILITY AND PENALTIES 2 2
4 .2 MAJOR PROVISIONS ..
4 .2 .1 APPLICABILITY 2 2
4 .2 .2 MEETINGS 2 2
4 .2 .3 AGENDAS 2 2
4 .2 .4 ACTIONS 2 2
4 .2 .5 PUBLIC INPUT 2 3
4 .2 .6 PUBLIC DISRUPTIONS 2 3
4 .2 .7 CORRESPONDENCE 2 3
4 .2 .8 CLOSED SESSIONS MAY BE HELD TO DISCUSS 2 3
4 .3 SPECIAL MEETINGS 2 4
4 .4 EMERGENCY MEETINGS 2 4
4 .5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS AC T
AND THE BROWN ACT 24
4 .6 OTHER PROVISIONS 24
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS &CONDUCT 2 5
5 .1 INTENT 2 5
5 .2 GUIDELINES FOR COUNCIL MEMBERS 2 5
5 .2 .1 REQUESTS FOR INFORMATION 2 5
5 .2 .2 DIRECTION TO STAFF 2 5
5 .3 GUIDELINES FOR STAFF 2 5
5 .3 .1 TIMELY RESPONSE 2 6
5 .3 .2 DIRECTION FROM COUNCIL 2 6
5 .3 .3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS 2 6
5,3 .4 INFORMATION DISTRIBUTION 2 6
5 .3 .5 SIGNIFICANT INFORMATION 2 6
5 .4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS 2 7
5 .4,1 TELEPHONES 2 7
iii
5 .4 .2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY 2 7
5 .4 .3 SECURITY 27
5 .4 .4 INTERNET ACCESS 2 8
5 .4 .5 ELECTRONIC MAIL (EMAIL) 2 8
5 .4 .6 SUPPORT RESPONSIBILITIES 2 8
5 .4 .7 COUNCIL MEMBER RESPONSIBILITIES 2 8
CHAPTER SI X
ADVISORY BODY PROCEDURES 2 9
6 .1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS 2 9
6 .1 .1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES 2 9
6 .1 .2 ROLE 2 9
6 .1 .3 COMMUNICATION 2 9
6 .1 .4 EDUCATION 2 9
6 .1 .5 APPOINTMENT AND RECOMMENDATION 2 9
6 .1 .6 ATTENDANCE 2 9
6 .2 COUNTY OR REGIONAL REPRESENTATION 3 0
6 .3 OTHER COUNCIL SUBCOMMITTEES 3 0
6 .4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS 3 0
6 .4 .1 INTENT 3 0
6 .4 .2 COUNCIL AGENDA REPORTS 3 0
6 .4 .3 COUNCIL MEETINGS 3 0
6 .4 .4 RECOMMENDATIONS 3 1
6 .5 ROLE OF CITY STAFF PERSONS 3 1
6 .6 APPOINTMENT PROCEDURES 3 1
6 .6 .1 PURPOSE 3 1
6 .7
PROCESS 3 2
6 .7 .1 QUALIFICATIONS 3 2
6 .7 .2 TERMS 3 2
6 .7 .3 PROCESS 33
iv
COUNCIL POLICIES AND PROCEDURE S
FOREWOR D
San Luis Obispo is a "charter" city as contrasted to a "general law" city . Under California law ,
the authority of a general law city is derived only from the powers granted to it by the genera l
laws adopted by the State Legislature pertaining to the organization and operation of a
municipality, and from the police power (the right of the City to make laws governing health ,
safety, morals and welfare and morals for the benefit of the community) granted to it by the State .
Constitution . On the other hand, a charter city's power is not defined or limited by the State's
general laws . Instead, with respect to municipal affairs, a charter city's powers are defined by th e
city's own charter, subject only to the limitations of the State Constitution. As a result, charte r
cities usually have more operational latitude than do the more prevalent general law cities .
A charter serves as the city's "constitution" and may only be amended by a vote of the people .
San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popula r
vote on several occasions subsequently . In 1955, the Charter was amended to approve a
Council-Mayor-City Manager form of government . The last charter revision occurred on Augus t
30, 2011 .
The word "charter" and the notation, e .g . (Charter § 503) used within this document refer to th e
City Charter .
Council Policies & Procedures Manual 2012
Page 1
CHAPTER ONE
MEETING GUIDELINES &PROCEDURE S
1 .1 MEETING SCHEDUL E
1 .1 .1 MEETINGS OF COUNCI L
The Council shall provide by ordinance the time and place of holding meetings and th e
manner in which special meetings may be called . Public interest and convenience shall b e
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 th e
public . (Charter § 502)
1 .1 .2 REGULAR MEETING S
1 .1 .2 .1 Regular meeting shall be held the first, second and third Tuesday of eac h
month beginning at 700 p .m . In the event that a regular meeting of th e
Council shall fall on a legal holiday, that regular meeting shall be held a t
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 Chamber, 990 Palm Street ,
in the City of San Luis Obispo . (Ord . 677 )
1 .1 .2 .3 Regular meetings shall be between the hours of 700 p .m . and 11 :00 p .m .
It shall be the policy of the City Council to complete meetings, includin g
closed sessions, by 11 :00 p .m . unless a majority of the Council elects t o
continue past the adjournment hour . If at the hour of 11 :00 p .m . the City
Council has not concluded its business, the Council will review th e
balance of the agenda and determine whether to extend the meetin g
beyond the hour of 11 :00 p .m ., continue any remaining items, o r
adjourn the meeting to another date and time .
1 .1 .2 .4 A regular meeting may be cancelled by a majority vote of the Council .
1 .1 .3 STUDY SESSIONS (Open to the public )
1 .1 .3 .1 The purpose of these meetings shall be for informal discussions betwee n
staff, advisory bodies or consultants, the public, and the City Counci l
regarding specific programs, projects or policies . Council may provid e
direction, but no formal action will be taken during a Study Session .
Study Sessions may be conducted in a variety of formats, including Publi c
Workshops .
1 .1 .3.2 Study Sessions will be held at a time and place within the City limit s
convenient to Council and advantageous for public participation .
Council Policies & Procedures Manual 2012
Page 2
1 .1 .4 SPECIAL MEETING S
1 .1 .4 .1 Special meetings may be called by the Mayor or three members of th e
City Council on no less than 24 hour notice and as otherwise specified b y
Government Code § 54956) (Ord . 959)
1 .1 .4 .2 Any special meeting held at a place other than City Hall shall be open t o
the public . Such meetings shall be held within the city limits . Notice
requirements of the Brown Act shall be complied with for any suc h
meetings ; regular minutes shall be taken by the City Clerk and shall b e
available for public inspection .
1 .1 .5 USE OF COUNCIL CHAMBE R
1 .1 .5 .1 The City Manager, or designee,is responsible for maintaining a calenda r
on the use of the Council Chamber and all requests for reservations shal l
be cleared through the administrative office .
1 .1 .5 .2 When a question arises regarding permission for any group to use th e
facility, the City Manager shall have authority to make the fina l
decision . The following rules are established as a guide :
Use of the Council Chamber by City commissions, committees, an d
other advisory bodies shall take precedence over any other group o r
agency.
b.Favorable consideration shall be given to other governmental agencie s
and non-profit groups during regular business hours only, unles s
otherwise approved by the City Manager (see exception noted i n
Section 1 .1 .5 .2 .c). These groups will be charged for the use of th e
Council Chamber at the same rate charged governmental agencies an d
non-profit groups for use of the Community Room at the City/Count y
Library. No events of a commercial nature shall be allowed . The
Council Chamber will not be available for use by any non-City
organizations during non-business hours, unless otherwise approve d
by the City Manager (see exception noted in Section 1 .1 .5 .2 .c).
c.With the approval of the City Manager, other local governmenta l
agencies may use the Council Chamber for the purpose of live o r
video cablecasting public hearings and/or public meetings durin g
regular or non-business hours . The fee charged shall be the same rat e
charged governmental agencies for use of the Community Room a t
the City/County Library, in addition to the cost for services provide d
by the City for cablecasting operations .
d.No admission shall be charged . No events featuring the service o f
food or drink shall be allowed .
Council Policies & Procedures Manual 2012
Page 3
e.Regularly scheduled meetings by other agencies and groups shall b e
discouraged .
f.Meetings being held to advocate the election or re-election of a
particular candidate for political office shall not be allowed .
However, the Council Chamber may be used for a Candidate and/o r
City Ballot Measure Forum where the public and all candidates and/o r
proponents/opponents to a City ballot measure or candidates for a
particular public office have been invited . Any candidate/ballo t
measure forums to be held in the Council Chamber shall not includ e
City staff services.
1 .2 AGENDA
1 .2 .1 ESTABLISHING THE COUNCIL AGEND A
The purpose of the agenda is to provide a framework within which Council meetings can b e
conducted and to effectively implement the approved Council Goals, Financial Plan an d
Budget, and also work programs, objectives, and business of the City as established by th e
present or earlier City Councils . Agenda items also include recommendations to the Cit y
Council from advisory bodies, land use and zoning actions or appeals, bid and purchasin g
procedures, and mandates from other levels of government . Staff shall work within th e
policy context established by the Council and will not arbitrarily place matters on the agend a
that are outside the scope of existing work programs of the City, except as approved by th e
Mayor, and permitted under the Charter sanctioned instructions for the City Manager t o
inform and advise the Council of matters necessary to the proper operation and well-bein g
of the City.
The process for determining the format and order of the agenda is based primarily on th e
order of business adopted by the City Council (See Section 1 .2 .7). The process for
establishing the order of specific business and public hearing items is a collaborative on e
determined largely by anticipated public attendance (those matters involving greater
audience attendance should be scheduled ahead of other items). On a rotating basis ,
individual members of the Council shall attend agenda review meetings with the Cit y
Manager and department heads held on the morning of the City Council meeting to discus s
issues and to review upcoming agenda items . In addition, the City Manager, City Attorne y
and City Clerk review the agenda materials with the Mayor . The final agenda is set subject
to the approval of the Mayor, after consultation with the City Manager, City Attorney an d
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 by discussing the request during th e
Communications section of the regular agenda . Upon consensus of a majority of th e
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 hour s
legal notice and a memorandum from the Council Member to the Council and staff settin g
forth the substantive issues of the item . For the purpose of this paragraph, urgency shal l
Council Policies & Procedures Manual 2012
Page 4
arise in those limited situations where an item requires immediate action, and the need t o
take immediate action came to the attention of the Council Member subsequent to th e
distribution of the agenda .
1 .2 .3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES )
Recommendations made by advisory bodies, as part of their normal scope of duties an d
responsibilities, shall be timely placed on the City Council agenda by staff, who shal l
comply with the City's approved Council Agenda Preparation Policy . In the event that an
advisory body desires to bring a matter of special consideration to the City Council (ne w
ideas or concerns, for example), it may request that the item be placed on a future agenda b y
submitting a written request to the Council approved by a majority of the advisory bod y
members and signed by the Chair . During Communications, any member of the Counci l
may ask for consideration of the request, and upon consensus of a majority of the Council,a
staff report will be prepared and approved by the City Manager or his/her designee .
1 .2 .4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC )
A member of the public may request an item be placed on a future agenda during the Publi c
Comment period at the beginning of every Council meeting, or via other communicatio n
with Council Members, and upon consensus of a majority of Council, a staff report will b e
prepared and approved by the City Manager or his/her designee .
1 .2 .5 EMERGENCY ITEM S
Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety and coming to the attention o f
the Council after the regular notice deadlines may be considered emergency in nature .A
four-fifths vote of Council is necessary to add an emergency item .
1 .2 .6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged . However, in extraordinary
situations, a request to reconsider an action taken by the City Council may be considered .
The request must be presented by a Council Member who voted with the majority at th e
Council meeting at which the original vote was taken . The vote may be reconsidered durin g
that meeting, but no later than the next Council meeting . Debate is limited to the question o f
whether or not there is a majority of the Council interested in reconsidering the matter . If a
majority of the Council votes to reconsider an action, the matter will be placed on the nex t
or future agenda .
Council Policies & Procedures Manual 2012
Page 5
1 .2 .7 ORDER OF BUSINESS shall be as follows :
1 .2 .7 .1
Call to Orde r
1 .2 .7 .2 Pledge of Allegianc e
1 .2 .7 .3
Roll Cal l
1 .2 .7 .4 Closed Session Report (if any)
1 .2 .7 .4
Presentations
1 .2 .7 .5 Appointment s
1 .2 .7 .6 Public Commen t
1 .2 .7 .7 Consent Agend a
1 .2 .7 .8 Public Hearings and Business Items
1 .2 .7 .9 Liaison Reports and Communication s
1 .2 .8 NOTIFICATION AND ADVERTISIN G
The City will advertise all matters of significant neighborhood or community public interes t
that appear on a City Council or Planning Commission agenda, as well as all matters wher e
advertising is required by law . Said advertisements shall include location maps, projec t
descriptions and posting of property, if required, written in plain English in order to full y
inform all interested individuals .
All advertising shall be accomplished in an economical manner . All affidavits o f
publication shall be available to interested members of the public .
1 .3 MEETING PROCEDURE S
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 a s
Presiding Officer .
1 .3 .1 .3
Seating arrangement of the Council :
1 .3 .1 .3 .1 The Vice Mayor shall always be seated immediately next to th e
Mayor.
1 .3 .1 .3 .2 The Mayor, with the approval of individual Council Members ,
shall establish other seating arrangements for regular Counci l
meetings .
1 .3 .1 .4 Signing of City Document s
The Mayor, unless unavailable, shall sign all ordinances, resolutions ,
contracts and other documents which have been adopted by the Cit y
Council and require an official signature, except when the City Manage r
has been authorized by Council action to sign documents . In the event the
Council Policies & Procedures Manual 2012
Page 6
Mayor is unavailable, the Vice Mayor signature may be used.
1 .3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction o f
business . (Charter § 503 )
1 .3 .3 DISCUSSION RULE S
1 .3 .3 .1 Obtaining the floor :
1 .3 .3 .1 .1 A member of the City Council or staff shall first address th e
Presiding Officer and gain recognition .
1 .3 .3 .1 .2 Comments and questions shall be succinct and limited to th e
issue before Council .
1 .3 .3 .1 .3 Cross-exchange between Council Members and public shoul d
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 . Council Members ar e
encouraged to provide questions to staff prior to meetings and also t o
attend staff briefings on complex issues .
1 .3 .3 .3 Interruptions :
1 .3 .3 .3 .1 Once recognized, a Council Member shall not be interrupte d
while speaking, except to make a point of order or persona l
privilege .
1 .3 .3 .3 .2 If a Council Member is called to order while speaking, th e
individual shall cease speaking until the question of order i s
determined .
1 .3 .3 .3 .3 Upon being recognized by the Presiding Officer, members o f
staff shall hold the floor until completion of their remarks o r
until recognition is withdrawn by the Presiding Officer .
Council Policies & Procedures Manual 2012 Page 7
1 .3 .3 .4 Limitation on Discussion :
No Council Member shall speak more than once on a particular subjec t
until every other Council Member has had the opportunity to speak .
Council Members are encouraged to discuss items during th e
decision-making process .
1 .3 .3 .5 Tabling Procedure :
If a motion is made to table a matter, discussion will stop immediately an d
a vote on the motion to table will be called for .
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 th e
City Clerk to enter it into the record following the statement .
1 .3 .4 PARLIAMENTARY PROCEDUR E
Those rules in effect according to the City Council policy (State law and Robert's Rules).
The following summarizes the most frequently used actions .
1 .3 .5 PROTOCOL
1 .3 .5 .1 Council Members and staff shall :
1 .3 .5 .1 .1 Work earnestly to preserve appropriate order and decoru m
during all meetings .
1 .3 .5 .1 .2 Discourage side conversations, disruptions, interruptions o r
delaying efforts .
1 .3 .5 .1 .3 Inform the Presiding Officer when departing from a
meeting.
Council Policies & Procedures Manual 2012 Page 8
1 .3 .5 .1 .4 Limit the use of personal electronic devices to urgen t
personal matters while seated at the dais during Counci l
meetings .
1 .3 .5 .1 .5 During a public hearing, correspondence between Counci l
Members or between a member of the public and th e
Council regarding the public hearing matter bein g
considered by the City Council must occur in the open and
any communications outside of the noticed public meetin g
on which the Council member's decision is based should b e
disclosed during the public hearing .
1 .3 .5 .2 Persons demonstrating rude, boisterous, or profane behavior will be calle d
to order by the Presiding Officer . If such conduct continues, the Presidin g
Officer may call a recess, request the removal of such person(s) from th e
Council Chamber, adjourn the meeting, or take such other appropriat e
action as permitted by the Brown Act .
1 .3 .5 .3 Only the City Council, staff, Advisory Body Chairs or designate d
representatives, and those authorized by the Presiding Officer shall b e
permitted to sit at the Council or staff tables .
1 .3 .5 .4 Enforcement of order :
1 .3 .5 .4 .1
The Police Chief or his/her designee shall act as th e
Sergeant-at-Arms .
1 .3 .5 .4 .2 Any Council Member may request the Presiding Officer t o
enforce the rules of protocol . Upon motion and majorit y
vote, the Presiding Officer shall be required to do so .
1 .3 .6 VOTING PROCEDURE S
1 .3 .6 .1 When present, all Council Members shall vote, except in the case of a
recusal due to a conflict of interest . Failure of a seated Council Membe r
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 effectiv e
without receiving the affirmative vote of at least three members of th e
Council . (Charter § 506)
1 .3 .6 .3 A conflict of interest shall be declared whenever appropriate and i n
Council Policies & Procedures Manual 2012 Page 9
compliance with State law and the Council Member will step down an d
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 th e
vote has been announced and prior to the introduction of the next agend a
item .
1 .3 .6 .5 The City Clerk shall restate the motion prior to the vote or request th e
motion maker to restate the motion if required for Council or publi c
clarification .
1 .3 .6 .6 A roll call (voice) vote shall be taken for each Council action and includ e
the following practice : the Mayor will give clear instructions : "Those in
favor of the adoption of the motion will, as their names are called, answe r
yes ; those opposed, will answer no . The City Clerk will call the roll ."
The City Clerk will call for the roll call vote in the following manner : 1 )
Maker of the motion . 2) Member who has seconded the motion . 3 )
Additional Council members in alphabetical order by last name . 4) Mayor
last .
1 .3 .6 .7 A general consent vote may be taken at the discretion of the Presidin g
Officer, if there are no negative votes or objections by Council Members .
1 .3 .6 .8 Upon the request of any member, the ayes and noes shall be taken an d
recorded on any vote . (Charter § 505 )
1 .3 .6 .9 The ayes and noes shall be taken upon the passage of all ordinances an d
resolutions and entered upon the journal of the proceedings of the Council .
(Charter § 505 )
1 .3 .6 .10 Following the vote, the Mayor shall announce whether the questions hav e
been carried or defeated .
1 .3 .6 .11 Should a tie vote occur, the Council is required to continue the item b y
majority vote or make motions until an action receives three affirmativ e
votes .
1 .3 .6 .12 The Presiding Officer may publicly explain the effect of the vote for th e
audience or may direct a member of the staff to do so .
Council Policies & Procedures Manual 2012 Page 10
1 .3 .7 PUBLIC COMMENT (Written and Oral )
Members of the public may address the City Council in a variety of ways . Written
comments on agenda items are encouraged . As a courtesy to the Council, citizens ar e
encouraged to present written comments at least one day prior to the meeting . This provide s
the Council with a greater opportunity to review and consider issues and/or concern s
expressed in written communications prior to a meeting . Written comments receive d
before, at or during a Council meeting are included in the public record and posted to th e
City's website . (GC § 54957 .5) Agenda Correspondence, in general, are correspondenc e
and other documents from the public, the City Council and City staff regarding Counci l
agenda items received after the agenda packets have been distributed . Agenda
Correspondences may take the following form : letters and emails from citizens ; memo s
of clarification or revision from City staff; liaison reports from the City Council ;
communication items from City Council; late release or added-on agenda reports .
An Agenda Correspondence is date-stamped and stamped with the distribution stamp .
Agenda Correspondences are distributed by the City Clerk and made available for publi c
review as they are received .
The Mayor will invite comments from the public in support of, or in opposition to, specifi c
agenda items following the staff report . Oral communications on matters that are not on th e
agenda may be provided during the Public Comment period at the beginning of every
regular meeting .
The following are guidelines for providing oral public comments :
1 .3 .7 .1 Immediately prior to scheduled public hearings, members of the publi c
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 i s
provided, A speaker may not yield time to another speaker . A speaker slip
should be filed with the City Clerk, but is not required in order to speak .
1 .3 .7 .2 Pursuant to the Brown Act, action may not be taken on issues not listed o n
the agenda . Staff may be asked to follow-up on such items .
1 .3 .7 .3 Individuals desiring to speak on an item on the agenda shall :
1 .3 .7 .3 .1 Address the Council from the podium after giving name an d
city of residence . Speakers shall direct their comments t o
the Council, not the audience .
1 .3 .7 .3 .2 Comment on the specific matter before the Council wit h
reasons for the position taken .
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1 .3 .7 .3 .3 Limit comments to three (3) minutes until others have had
opportunity to address the Council . The Presiding Office r
with the consensus of Council Members, after all others have
spoken, may allow additional brief comment from speaker s
who have already commented on the same agenda item .A
speaker may not yield their time to another speaker.
1 .3 .7 .3 .4 Shall register as Municipal Advocates, if they are testifyin g
as paid representatives, as defined in the Municipal Cod e
(2 .64 .020) and shall preface their comments by identifyin g
themselves as municipal advocates (2 .64 .050 & 2 .64 .070).
1 .3 .7 .3 .5 Shall avoid personal attacks, abusive language or othe r
disruptive behavior.
1 .3 .7 .4 Applicants or applicant representatives or appellants desiring to spea k
shall ;
1 .3 .7 .4 .1 Submit speaker slips to the City Clerk .
1 .3 .7 .4 .2 Shall be permitted to speak first during the public commen t
portion of the public hearing for not more than ten (10 )
minutes .
1 .3 .7 .4 .3 Address the Council from the podium after giving their name
and address, and/or the name and address of th e
applicant/appellant they are representing . If the
applicant/appellant's representative is a paid municipa l
advocate, they shall comply with Section 1 .3 .7 .3 .5 above .
1 .3 .7 .5 After the comment period or public hearing is closed, no member of th e
public shall be permitted to address the Council or the staff from th e
audience, except at the discretion of the Presiding Officer.
1 .3 .$ CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to expedite th e
meeting . Therefore, only items that are routine, relate to implementation of approved budge t
items or to City operations, are second readings of ordinances, or are items to be later set fo r
public hearing are to be placed on the Consent Agenda . Items of significant neighborhoo d
or community public interest should be heard as a Public Hearing or Business item, and no t
placed on the Consent Agenda .
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1 .3 .8 .1 Minor Questions . A Council Member may ask questions on any ite m
without it being pulled from the Consent Agenda . When a Counci l
Member has a minor question for clarification concerning a consent ite m
that will not involve extended discussion, the item may be pulled for
clarification at the beginning of the meeting and the questions will b e
addressed along with the rest of the Consent Agenda . There should be no
objections at this time . Council Members are encouraged to see k
clarifications prior to the meeting (if at all possible).
1 .3 .8 .2 No Vote . When a Council Member wishes to pull an item simply t o
register a dissenting vote, a request should be made that the item be pulle d
for separate vote without discussion . Such items will also be handled at
the beginning of the meeting along with the rest of the Consent Agenda .
1 .3 .8 .3 Any item may be pulled by a Council Member for discussion . A member
of the public may request the Council to pull an item for discussion .
1 .3 .8 .4 Pulled items shall be heard at the close of the Consent Agenda unless a
majority of the Council chooses another time .
1 .3.9 COMMUNICATION S
1 .3 .9 .1 The purpose of this time is to allow staff and Council to provide an updat e
or share information regarding a particular matter . Examples of
appropriate communications would be information of general interes t
received from outside agencies, and comments or inquiries received fro m
individuals or from the public, or requests to agendize future items .
1 .3 .9 .2 If possible, written material connected with a particular communicatio n
item should be provided to the City Manager sufficiently in advance of th e
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 tha t
have been noticed at least three days in advance of the meeting, unles s
special circumstances are found to exist . Substantive debate o r
deliberation or formal action or approval on non-agendized items is not
allowed, and such an item should be placed on the agenda of the nex t
regular meeting .
1 .3 .9 .4 The communications period should not exceed 15 minutes and speakin g
to a particular item should be limited to five minutes.
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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 presen t
shall disclose to any person the content or substance of any discussio n
which takes place in a closed session unless authorized by a four-fifth s
vote of the Council, or as otherwise required by law .
1 .3 .10 .3 Confidential materials provided for Closed Sessions must be returned t o
the City Attorney by the conclusion of the Closed Session .
1 .4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance th e
awareness and education of the general public regarding the actions and deliberations of the Cit y
Council .
1 .4 .1 Coverage of City Council meetings shall be gavel-to-gavel ; whether presented t o
the public live or taped, Council coverage is not to be edited or subjected t o
editorial comment .
1 .4 .2 All regular City Council meetings shall be cablecast, except for meetings o r
portions of meetings which are closed to the public, or when the Council direct s
otherwise .
1 .4 .3 . Cameras used for the gavel-to-gavel coverage shall be owned by the City an d
operated only by City employees or persons under contract with the City .
1 .4 .4 Cameras shall be operated so that they are focused only on the officiall y
recognized speaker, and on any visually displayed information they may b e
showing .
1 .4 .5 "Reaction" shots will not be permitted .
1 .4 .6 The City Clerk's minutes shall remain the official record of Council proceedings .
1 .4 .7 To assure timely information for the public, Action Updates shall be posted on th e
City's website as soon as possible .
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CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after th e
Council Compensation Committee conducts a biennial review and makes a recommendation . Se e
Section 6 of this Chapter .
2 .1 SALARIES FOR MAYOR AND COUNCIL MEMBER S
Compensation for services rendered in an official capacity shall be established by resolution dul y
adopted and consistent with the rules established in the Charter .
2 .2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE
The Mayor and Council Members shall be entitled to City-funded participation in P .E .R.S .
retirement. The City shall contribute an amount equivalent to that received by City departmen t
heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, visio n
and life insurance . Any unexpended amount shall not be distributed to the Mayor and Counci l
Members in cash .
Individual Council members may waive any or all of the compensation provided to them . Such a
waiver shall affect only the individual choosing to waive compensation for the period of time
specified by that individual . An individual waiver shall not be binding on any other current o r
future Council member . Should any Council member wish to make a change in their individua l
compensation staff will return with the appropriate resolution to effectuate this change .
2 .3 PROFESSIONAL DEVELOPMEN T
Allowances shall be budgeted for the Mayor and each Council Member as follows :
2 .3 .1 PROFESSIONAL DEVELOPMENT — INCLUDING TRIPS AND
MEETINGS
For costs of professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs . Said allowance shall be used fo r
out-of-county expenses only and shall be reimbursed in accordance with accepted City
Travel Guidelines .
2 .3 .2 START-UP ALLOWANC E
An additional professional development allowance shall be budgeted to each new Mayo r
and Council Member to help accelerate his/her comprehension of municipal and legislative
Council Policies & Procedures Manual 2012 Page 15
operations during the first 12 months following the taking of office and the amounts shall b e
as set forth in the applicable financial plan adopted by the Council .
2 .4 CITY BUSINESS AND MILEAGE REIMBURSEMEN T
Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in th e
Financial Plan .
2 .4 .1 CITY BUSINES S
For costs incurred in connection with official City business . Said allowance shall be use d
for in-county expenses and shall include all meals, tickets, periodicals, dues, subscriptions ,
and similar miscellaneous expenses .
2 .4 .2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upo n
submittal of an official mileage expense form :
2 .5 GENERAL PROCEDURES AND LIMITATION S
Appropriate budgetary practices and accounting controls shall be established to ensure tha t
expenditures and reimbursements are in compliance with approved budget allocations . The Mayo r
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, forma l
Council action shall be required .
2 .5 .1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditure s
charged to the individual Council Member or Mayor . If any account is depleted prior to th e
end of the fiscal year, additional allocations shall require a specific action of the Cit y
Council . Claims for reimbursement as specified in Section 2 .4, above, may be submitte d
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 fo r
review in the City Clerk's Office and the Mayor and Council Members shall receive periodi c
statements .
2 .5 .2 REIMBURSEMENT LIMITATIO N
The City's adopted Travel Guidelines shall govern all expenditures for non-loca l
professional development and conferences . These guidelines include all non-local officia l
meals, tuition or fees, transportation to meeting sites, materials and telephone usage .
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2 .5 .3 SPECIAL EXPENSE S
For occasions when the Mayor and/or a Council Member is designated by the City Counci l
to represent the City at special meetings, reimbursement shall be made from an unallocate d
Travel Expense Account .
2 .5 .4 OTHER GUIDELINE S
Any other travel-related issue not specifically governed in these Policies and Proceduresshallbe adjudicated in accordance with the City of San Luis Obispo adopted Trave l
Guidelines .
2 .5 .5 DISCLOSURE AND REPORTING REQUIREMENT S
The Political Reform Act of 1974 (Government Code sections 87200) requires local publi c
officials to file a Statement of Economic Interest — Form 700 — to disclose certai n
investments, interests in real property, sources of income, gifts, loans and business position s
when assuming office, annually and when leaving office .
2 .6 COUNCIL COMPENSATION COMMITTE E
A five-member review committee shall be appointed no later than the last City Council meeting i n
January in even-numbered years and shall bring its proposed recommendations in resolution form t o
the City Council no later than the first City Council meeting in May .
2 .6.1 MEMBERSHI P
The committee membership shall have as broad a representation as possible, including bu t
not limited to, one previously elected official, one Personnel Board member, and on e
citizen-at-large .
2 .6 .2 REVIEW RESPONSIBILIT Y
The committee shall review the full Council compensation package including salary ,
benefits, expense reimbursement, professional development allowances and any othe r
compensation provided the City Council . Review should include, but shall not be limite d
to : 1) compensation of Council and Mayors of cities of similar population/budget size ; 2)
compensation practices of both Charter and General Law cities ; 3) Government Code
provisions for General Law cities ; 4) Council and Mayor responsibilities in San Luis Obisp o
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 loca l
electorate that may have added to or deducted from the duties and responsibilities of th e
Council Members and/or Mayor .
Council Policies & Procedures Manual 2012 Page 17
CHAPTER 3
COUNCIL POWERS &APPOINTMENT S
3 .1 MAYOR - POWER AND DUTIE S
3 .1 .1 The Mayor shall preside at all meetings of the City Council and perform such othe r
duties consistent with the office as may be imposed by the Council or by vote of th e
people . The Mayor shall be entitled to, and must vote when present, but shal l
possess no veto power . As presiding officer of the Council, the Mayor wil l
faithfully communicate the will of the Council majority to the City Manager i n
matters of policy. (Charter § 407)
3 .1 .2 The Mayor shall be recognized as the official head of the City for all ceremonia l
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, an d
enforce laws . (Charter § 407 )
3 .1 .3 The Mayor may order flags flown on City property to be lowered to half-staff i n
mourning for any member of the community designated to have made significant
contributions to the City of San Luis Obispo, in accordance with recognized custom s
or practices not inconsistent with State and Federal law .
3 .1 .4 The Mayor shall exercise such other powers and perform such other duties as ma y
be prescribed by law or ordinance or by resolution of the Council, except as limite d
by this Charter . (Charter § 407)
3 .1 .5 The Mayor may solemnize marriages while in office, (Family Code Section 400 .1).
All rules and regulations for the rental of City facilities would apply .
3 .2 APPOINTMENT OF VICE MAYO R
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 firs t
meeting in December .
3 .3 FILLING COUNCIL VACANCIE S
3 .3 .1 APPOINTMENT OR SPECIAL ELECTIO N
Per City Charter Section 406, the Council shall by a majority vote of the remaining Counci l
Members, appoint a replacement member to the Council within 30 days of the occurrence o f
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 ninet y
(90) days or not later than one hundred and fifty (150) days following the occurrence of th e
vacancy .
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3 .3 .2 PUBLIC APPOINTMEN T
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 APPLICANT S
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 th e
vacancy and term thereof, requesting applications from those persons interested in bein g
appointed . In the case of a vacancy due to a current Council Member elected to the Mayor's
seat, the City Clerk may advertise the vacancy once the County Registrar of Voters ha s
certified the election results .
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 th e
time of appointment (Charter § 403), each applicant shall submit a written statement of 50 0
words or less covering at least the following areas :
3 .3 .4 .1 The amount of time available each week to devote to the Council .
3 .3 .4 .2 Reasons for wanting to be appointed .
3 .3 .4 .3 Involvement in community affairs and organizations, especially in th e
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 busines s
with government .
3.3 .5 PUBLIC MEETING
3 .3 .5 .1 At a time(s) selected by the Council, a meeting open to the public shall b e
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 th e
public at least four days before the opening of the meeting .
3 .3 .5 .3 Members of the public may submit written comments regarding a n
application at any time up to 24 hours before the meeting begins .
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3 .3 .5 .4 At the meeting, each applicant wishing to serve should be present to verify
that he/she would be willing to serve if appointed, and that he/she is a
resident of the City . Each candidate will be given five minutes to make a
presentation to Council .
3 .3 .5 .5 Thereafter, all discussion shall be confined to the Council except fo r
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 t o
nominations by the remaining Council Members . All nominations ,
seconding, and voting, shall be done audibly in public .
3 .3 .5 .7 If Council is unable to reach consensus on the appointment and furthe r
consideration is required, Council may adjourn the initial meeting to a
subsequent meeting within 30 days of the occurrence of the vacancy t o
attempt to reach a decision .
3 .4 ADMINISTERING OATHS : SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in an y
investigation or proceeding pending before the Council . The Council shall have the power an d
authority to compel the attendance of witnesses, to examine them under oath and compel th e
production of evidence before it . Subpoenas may be issued in the name of the City and be atteste d
by the City Clerk . Disobedience of such subpoena or the refusal to testify (upon other tha n
constitutional grounds), shall be deemed contempt and shall be punishable as provided by th e
general laws of the State . (Charter § 507 )
3.5 LIMITATIONS ,
No member of the Council shall be appointed to or serve as a voting member of any Cit y
advisory body, 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 o r
Subcommittees of the Council itself, or of agencies representing other levels of government .
(Charter § 508 )
3.6 METHOD OF ACTION BY COUNCI L
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion dul y
made and passed .
Ordinances that prescribe rules applicable generally within the jurisdiction 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 .
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Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council .
(Charter § 601 )
3,7 ORDINANCE S
The consideration and adoption of ordinances shall be in accordance with the Charter and relevan t
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 tim e
required for notice and publication, may request the City Manager to set a public hearing on a n
ordinance .
No ordinance, resolution or other motion shall be passed or become effective without receiving th e
affirmative vote of at least three members of the Council . (Charter § 506 )
3 .8 ACCEPTANCE OF GRANTS OR DEEDS,
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept an d
consent to the recording of any deed or grant conveying any interest in or easement upon rea l
property to the City of San Luis Obispo .
3 .9 LEGISLATIVE ACTION PROGRA M
The City has adopted an aggressive legislative program to strengthen local government, promot e
City goals, and defend the City against legislative actions by state and federal governments tha t
would weaken local government or take away traditional revenue sources . In order to respon d
promptly and proactively to fast-paced legislative changes, the City Council has authorized Cit y
staff to take positions on legislation provided the positions are consistent with the Legislativ e
Action Priorities established annually by the City Council, and/or resolutions or
recommendations of the League of California Cities .
3 .10 AMICUS CURIAE PARTICIPATIO N
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewid e
significance to cities . Because of the often short time limits for filing amicus curiae briefs, th e
City Council has authorized the City Attorney to participate in such briefs, at no cost to the City ,
if the Legal Advisory Committee of the League of California Cities has urged participation.
(Resolution No . 8443 )
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CHAPTER FOUR
THE BROWN AC T
4.1 APPLICABILITY AND PENALTIE S
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 an d
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 al l
Council Members assuming office, but the provisions that most directly affect the Council ar e
summarized in this Chapter .
4 .2 MAJOR PROVISION S
4.2 .1 APPLICABILIT Y
The Act applies to Council, City staff and all bodies that advise Council . (GC § 54952 .2)
4 .2 .2 MEETING S
All meetings shall be open and public .
4 .2 .2 .1 A meeting takes place whenever a quorum (three or more members) i s
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 staf f
contact more than one other Council Member for the purpose of
deliberating or acting upon an item pending before the City Council (doe s
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 mus t
meet statutory requirements . (GC § 54954 .2 )
4 .2 .4 ACTION S
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).
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4 .2 .4 .2 The need to take action came to the attention of the City subsequent to the
agenda being posted (determined by 2/3 vote, i .e . 4 votes, of the Council ;
or if less than 2/3 are present, by unanimous vote).
4 .2 .4 .3 The item was continued to another meeting that was scheduled and poste d
within five days of the original agenda . (GC § 54954 .2 )
4 .2 .5 PUBLIC INPU T
The public has an opportunity to address the Council on any item of interest to the publi c
that is within the jurisdiction of the Council, The City has the right to establish time limit s
on speakers and the total time allocated for a particular issue . (GC § 54954.3 )
4 .2 .6 PUBLIC DISRUPTION S
The Presiding Officer may call a recess if a speaker or group of speakers become unrul y
and/or interferes with the orderly conduct of the meeting .
A portion or all of the public may be removed if willful disruption makes conducting th e
meeting "unfeasible"; the press may remain unless they participate in the disruption . (GC §
54957 .9 )
4 .2.7 CORRESPONDENC E
All writings received and/or distributed for discussion or consideration at a public meetin g
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 wit h
the City's negotiator ; the real property and the person(s) with whom th e
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 t o
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 woul d
jeopardize its ability to conclude existing settlement negotiation or
effectuate service of process . A confidential memorandum from the Cit y
Attorney must be submitted to Council no earlier than one week of th e
closed session . (GC § 54956 .9 )
4 .2 .8 .3 Compensation (salaries and benefits) of employees . To review its positio n
and instruct designated representatives . (GC § 54957 .6 )
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4 .2 .8 .4 Personnel . The appointment, employment, evaluation of performance, o r
dismissal, of a public employee,or to hear complaint against th e
employee, unless the employee requests a public hearing. (GC § 549576 )
4 .3 SPECIAL MEETING S
Special Meetings may be called by the Mayor or a majority of the Council, with strict notificatio n
requirements delivered to the media and Council 24 hours before the time of the meeting . (GC §
54956 )
4 .4 EMERGENCY MEETING S
Emergency meetings may be called without the normal 24 hour notice and posting requirement s
if prompt action is required due to the disruption or threatened disruption of public facilities .
Only work stoppages, crippling disasters or other activities that severely impair the public healt h
and/or safety qualify for emergency meetings . (GC § 54956 .5 .)
4 .5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND TH E
BROWN AC T
City email is no less a part of "official city business" than any other written correspondence, an dthere is no expectation of privacy for City email messages . Good judgment and common sens e
should therefore prevail at all times regarding its appropriate use . For further detail, please see th e
City's "Electronic Mail Policy" and Chapter 5 of this manual .
City email is subject to disclosure under the Public Records Act and is subject to the requirement sof the Brown Act. While the Brown Act does not prohibit the use of email to make individua l
contacts between members of the Council, or the public or staff, great care should be taken to avoi d
the use of email to contact a majority of the Council, either individually or serially, "in a connecte d
plan to engage in collective deliberation on public business ."
4 .6 OTHER PROVISION S
The Brown Act provides for 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 th e
provisions of the Brown Act . Since State law constantly changes, it is important to ensure Counci l
has the latest information . Additional information may be obtained from the City Attorney and/o rthe City Clerk.
Council Policies & Procedures Manual 2012
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CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUC T
5 .1 INTEN T
The City Council as a whole retains full power to accept, reject, amend, influence, o r
otherwise guide and direct staff actions, decisions, recommendations, workloads an d
schedules, departmental priorities, and the conduct of City business .
This chapter addresses the relationship and conduct between Council Members and staff
with the intent of the Council to : 1) affirm that governing shall be by will of the collectiv e
Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent an d
open City government .
5 .2 GUIDELINES FOR COUNCIL MEMBER S
The Council shall recognize that the primary functions of staff are to execute Council polic y
and actions taken by the Council, and to keep the Council informed .
5 .2 .1 REQUESTS FOR INFORMATIO N
Individual Council Members as well as the Council as a whole shall be permitted complet e
freedom of access to any information requested of staff, and shall receive the ful l
cooperation and candor of staff in being provided with any requested information .
Council Members shall make routine requests for information through the appropriate
department head . Complex or comprehensive requests for information shall be mad e
through the City Manager .
5.2 .2 DIRECTION TO STAF F
Generally, Council Members shall make requests for work to be done through the Cit y
Manager . Individual members of the Council shall make no attempt to pressure or influenc e
staff decisions, recommendations, workloads, schedules, or departmental priorities withou t
the prior knowledge and approval of the Council as a whole .
5.3 GUIDELINES FOR STAF F
Staff shall recognize that its primary function is to execute Council policy and to keep th e
Council informed . Staff shall present the Council with all relevant information, as well a s
alternatives, in an objective, succinct manner . The City Manager and staff are committed t o
treating each Council Member equally .
Council Policies & Procedures Manual 2012
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5 .3 .1 TIMELY RESPONS E
City staff will make every effort to respond in a timely and professional manner to al l
requests made by individual Council Members for information or assistance, provided that ,
in the judgment of the City Manager the request is not of a magnitude, either in terms o f
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, th e
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 dela y
to other assignments ; the request should only impose a "one-time" work requirement, a s
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 on e
staff person, or a single staff person working on the issue in excess of 1-2 hours).
5 .3 .2 DIRECTION FROM COUNCI L
Staff is obligated to take guidance and direction only from the Council as a whole or fro m
the appropriate management superiors as may be the case . Staff is directed to reject an y
attempts by individual members of the Council to unduly influence or otherwise pressur e
them into making, changing or otherwise suppressing staff decisions or recommendations ,
or changing departmental work schedules and priorities . Staff shall report such attempts t o
influence them in confidence to the City Manager, who may inform the Council as a whol e
of such attempts .
5.3 .3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBER S
An exception to the above guidelines may be staff work required in support of a Counci l
Member designated by the City Council to represent the City in an intergovernmental rol e
(e .g ., membership on Joint Powers Authority), or relative to a special assignment (e .g.,a
special task force).
5 .3 .4 INFORMATION DISTRIBUTIO N
In cases where a staff response to an individual Council Member request involves written
material that may be of interest to other Council Members, the City Manager will provide
copies of the material to all other Council Members . In making this judgment, the City
Manager will consider whether the information is significant or new or otherwise no t
available to the Council or of interest to the Council .
5 .3 .5 SIGNIFICANT INFORMATION
Any information, service-related needs, or policy positions perceived as necessary by
individual Council Members, which cannot be fulfilled per the above guidelines, should b e
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 th e
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Council, then staff will proceed to complete the work within Council established deadlines .
5 .4 ACCESS TO COMMUNICATIONS /TECHNOLOGY SYSTEMS ,
The City will provide each Council Member with equal and appropriate communication s
and technological devices to facilitate their public service and within the confines of the I T
standards for hardware and software specifications .
5.4 .1 TELEPHONE S
The City will provide at their request, each Council Member with direct access to the City's
telephone system from their homes . Information Technology (IT) staff will coordinat e
installation of a telephone line and a telephone with voice mail and fax capability fo r
Council Member use at home while in office . The City's Telephone Use Policy applies to
Council Member use of these telephones .
5.4 .2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLIC Y
The City will provide each Council Member, at their request, with a complete compute r
workstation and related City-standard software for their home use while in office . Thes e
computers and software will be upgraded or replaced pursuant to the City's computer
replacement policy . Council Member access and use of the City's IT is subject to all Cit y
guidelines concerning the use of its information technology resources . The most
important of these are :
•The City information systems exist solely for the purpose of conducting Cit y
business, not intended for personal use .
•All data (including electronic mail messages) is owned by the City and subject t o
public disclosure .
•All software and hardware installations should be made by IT staff on City-owne d
machines only . Except for screensavers, personal software is not allowed on Cit y
workstations ; and all application software must be owned by the City and used i n
compliance with all software licensing agreements .
All City information technology policies are included in the Information Technolog y
Policies and Procedures Manual, which is available for Council Member review upo n
request.
5 .4 .3 SECURITY
Each Council Member shall have a uniquely assigned user name and password fo r
security purposes . While this cannot guarantee privacy, confidentiality, or data security ,
it is an important component of the City's overall system protection . Passwords should
never be shared with others .
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5 .4.4 INTERNET ACCES S
Council Members are authorized to use the City Internet connection, which include s
electronic mail, for the purpose of conducting City business and communicating with the
public . The City Internet Access and Use Policy is applicable to Council Members .
5 .4 .5 ELECTRONIC MAIL (EMAIL )
Council Members will have access to the City electronic mail (Email) system that will allo w
Email communication internal to the City and with others via the Internet . Email
correspondence sent and received by members of the City Council via the City website ar e
public records and subject to disclosure . The City Electronic Mail Policy is applicable t o
Council Members .
5 .4.6 SUPPORT RESPONSIBILITIE S
5 .4 .6 .1 IT staff is responsible for installing all remote access hardware an d
software, including computer workstations, printers, telephones and fa x
machines, and for removing them at the end of the Council Member's
term of office .
5 .4 .6 .2 Administration will coordinate training on standard City applicatio n
software, technical support and service, and provide related offic e
supplies .
5.4 .7 COUNCIL MEMBER RESPONSIBILITIE S
Council Members are responsible for using City information technology resources i n
accordance with the City's normal policies, procedures, and guidelines .
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CHAPTER SIX
ADVISORY BODY PROCEDURE S
6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS
6 .1 .1 APPOINTMENTS TO COUNCIL SUBCOMMITTEE S
Subcommittee liaisons to advisory bodies are selected annually by the full Council, usuall y
in December . The Mayor and Vice Mayor shall submit recommendations to the ful l
Council, rotating nominations for Council Member Subcommittees, thereby ensuring a n
opportunity for each member to serve as liaison at least once on each advisory body, whe n
possible . When terms of office do not allow each member to serve once, members wit h
greatest seniority shall have first right of selection .
6 .1 .2 ROLE
Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a
conduit to express the position of the Council and to gain a better understanding of th e
issues considered by the advisory body .
6 .1 .3 COMMUNICATIO N
The purpose of the liaison assignment is to facilitate communication between the Counci l
and advisory body .
6 .1 .4 EDUCATIO N
Increase the Council's familiarity with the membership, programs, and issues of the advisor y
body .
6 .1 .5 APPOINTMENT RECOMMENDATIO N
Interview applicants and make recommendations for appointments to the full Council .
6.1 .6 ATTENDANC E
From time to time, attend advisory body meetings for observation purposes only . Liaison
members should be sensitive to the fact that they are not participating members of th e
advisory body, but are there rather to create a linkage between the City Council and advisory
body . In interacting with advisory bodies, Council Members are to reflect the majority vie w
of the Council as a whole, rather than their own personal opinions .
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6 .2 COUNTY OR REGIONAL REPRESENTATIO N
Annually, the Mayor shall make appointments to a variety of County and/or regiona l
committees and boards . One member of the Council shall serve as a voting representativ e
and one member shall serve as alternate . (See 6 .6 .2 for appointment procedures .) Voting
delegates shall reflect the majority view of the Council as a whole, rather than their ow n
personal opinions .
6 .3 OTHER COUNCIL SUBCOMMITTEE S
Council may establish subcommittees of no more than two members to address areas o f
concern and/or study .
6 .4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETING S
6 .4 .1 INTEN T
To honor advisory body deliberations, views and positions on issues before Council ;
enhance communications between Council and their advisory bodies ; and allow
participation and input by advisory body members .
6 .4 .2 COUNCIL AGENDA REPORT S
6 .4.2 .1 Recommendation Differences . For those rare occasions when the City
Manager recommendation differs from an advisory body
recommendation, the difference should be clearly noted in a separat e
paragraph following the City Manager recommendation . The Discussio n
section contains information relating to the advisory bod y
recommendation.
6 .4 .2 .2 The minutes of the advisory body item are included as an attachment t o
the Agenda Report .
6 .4.3 COUNCIL MEETING S
6 .4 .3 .1 On appeals or items brought by or through the advisory body, the Chai r
(or Vice Chair, when the Chair is not available) may be seated next to th e
department head . The department head makes the introduction ; then th e
Chair of the advisory body makes a brief presentation, representing the
position of the advisory body.
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6 .4 .3 .2 Other members of the advisory body are free to appear and give testimon y
before Council using the public microphone, after identifying whethe r
they are speaking as a representative of the advisory body or as a privat e
citizen .
6 .4 .4 RECOMMENDATION S
Recommendations or Reports to Council must be in written form .
6.5 ROLEOFCITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory bodies do not hav e
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 City Manage r
and Council . The members are responsible for the functions of the advisory body and th e
chairperson is responsible for committee compliance with the policies outlined in the Advisor y
Body Handbook .
Staff support includes preparation of a summary agenda after approval by the Chairperson, an d
preparation of agenda reports providing a brief background of the issue, a list of alternatives ,
recommendations, and appropriate backup material, if necessary . Members of advisory bodies ar e
volunteers and should be treated with respect and courtesy . Advisory body members should hav e
sufficient information to reach decisions based upon a clear explanation of the issues . The assigne d
staff person or designee serves as Secretary, taking minutes as needed .
It is important that advisory bodies wishing to communicate recommendations to the City Counci l
do so through adopted or approved Council agenda procedures . Staff members shall assist the
advising body Chair to insure appropriate legal review or City and State legislation is in compliance .
6 .6 APPOINTMENT PROCEDURE S
The following procedures shall be the policy of the City Council in regard to appointment o f
volunteer citizens to the various advisory bodies of the City .
6 .6 .1 PURPOSE
The establishment of these procedures shall insure that well-qualified, responsible an d
willing citizens are given the opportunity to serve the City and participate in the governin g
of their community. These procedures will apply to all appointments and reappointments t o
standing advisory bodies.
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6 .7 PROCES S
6 .7.1 QUALIFICATIONS
6 .7 .1 .1 With the following exceptions, only residents who are registered voter s
within the City limits are eligible to apply to an advisory body .
Exceptions include the Tourism Business Improvement District (TBID )
Board, one representative from the TBID Board serving on th e
Promotional Coordinating Committee, the Cal Poly employee an d
student representatives serving on the MTC, and members of th e
Housing Authority . In addition, part- or full-time City officials an d
management employees are not eligible to apply .
6 .7 .1 .2 The applicant must be at least 18 years of age at the time of appointment ,
6 .7 .1 .3 No member of the Council may be appointed to any office created by o r
the compensation of which is increased by the Council, while a membe r
thereof, until one year after the expiration of the term for which elected .
(Charter §409)
6 .7 .2 TERM S
6 .7 .2 .1 The term of office for each appointee to an advisory body shall be fro m
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 .
6 .7 .2 .2 No appointee shall serve on the same advisory body for more than tw o
consecutive, full terms (eight years), but may subsequently serve on
another advisory body unless noted otherwise . Exceptions include th e
Housing Authority, Jack House Committee and Construction Board o f
Appeals, which do not have term limits .
6 .7 .2 .3 After a one-year interval, persons may reapply to serve on the sam e
advisory body.
6 .7 .2 .4 Mid-term appointment to a vacant seat shall not preclude the appointe e
from serving two additional consecutive full terms, provided that th e
initial, partial term served is less than one year .
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6 .7 .2 .5 Other Advisory Bodies . As a general policy, an applicant shall not b e
appointed to serve on more than one advisory body, except that a membe r
may also serve on one technical or special-purpose s committee at th e
same time he or she is serving on a non-technical or non-special-purpos e
committee . Except as noted, a member will be expected to resign fro m
one body upon being appointed to another .
6 .7 .3 PROCES S
6 .7 .3 .1 Applications are obtained and filed with the City Clerk's Office .
6 .7 .3 .2 In December of each year, the City Clerk shall advise the City Council o f
the terms that are due to expire on each advisory body . The City Clerk
shall also notify each advisory member whose term is due to expire . Each
of these members shall be given the opportunity to apply fo r
reappointment unless the member has then served a total of eight (8) year s
on that advisory body .
6 .7 .3 .3 The City Clerk shall post/publish advertisements and take othe r
recruitment steps in accordance with statutory requirements and a s
appropriate, inviting citizens to apply for vacant positions and provid e
instructions regarding the application process .
6 .7 .3 .4 Applicants will be encouraged to read the Advisory Body Handbook an d
attend at least one meeting prior to the interview with the Council Liaiso n
Subcommittee .
6 .7 .3 .5 The subcommittee shall interview qualified applicants, inviting th e
advisory body Chair to attend (if the Chair is being considered fo r
reappointment, the Council Liaison Subcommittee shall designate anothe r
representative).
6 .7 .3 .6 The Council Liaison Subcommittee shall submit recommendations fo r
appointment to the entire Council . If a unanimous decision fo r
recommendation to the full Council cannot be reached, the Council shal l
take a separate motion for each candidate proposed by each member of th e
Council Liaison Subcommittee .
1 Technical and special purpose committees are formed to address defined subjects and frequently require member s
with specific areas of expertise .
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6 .7 .3 .7 Applicants not appointed will be so advised and their applications held fo r
consideration in the event of a future vacancy for no less than one year .
Should a vacancy occur on the committee to which they applied, the Cit y
Clerk's office will contact qualified applicants to determine whether they
want to be reconsidered for the vacancy . However, advertisement of th e
vacancy must be made in accordance with statutory requirements and al l
applicants will be considered for the vacancy .
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