HomeMy WebLinkAbout01/20/1993, 1 - COUNCIL POLICIES AND PROCEDURES (2)MEETING DATE: 1/20/93
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�I II In�l city o 1' san tins oBispo ITEM NUMBER:
COUNCIL AGENDA REPORT
FROM: John Dunn, City Administrative Of i._gr/
Diane R. Gladwell, City Clerk,
PREPARED BY: Diane R. Gladwell, City Clerk
SUBJECT: Council Policies and Procedures
RECOMMENDATION: Review Section 1 of Council Policies and Procedures Handbook
and give direction on desired revisions.
DISCUSSION:
Section 1 of the Council Policies and Procedures Handbook contains guidelines for general
conduct of Council business. We have prepared a legislative draft of this document,
updating it to reflect current Council practices or suggestions for improvements. We have
not made revisions to two areas:
*Resolution No. 6587, which sets Council compensation and travel guidelines.
This is prepared by the Council Compensation Committee which, prior to this
year, was formed in even years to review these issues. Since elections have
been changed to even years, it is being proposed that the Council
Compensation Committee be formed in odd years.
*Travel guidelines are now covered in the Finance Management Manual.
Since the guidelines in the Policy and Procedure Manual are out -of -date, we
recommend deleting these sections and referencing the Finance Manual,
which the Council will approve when revised.
Following Council revision of this draft document, we seek direction in the following areas:
*To prepare a chapter organized by subject, placing the mission statement at
the front, with legislative history citations in traditional format.
*To review the balance of the policy and procedure manual, eliminating
portions duplicated in other "source" documents that are approved by Council.
The policies and procedures not covered in other documents can then be
reviewed by Council in legislative draft form. The appropriate manuals and
policies would be updated during the normal course of business.
The end product would be a Policies and Procedures Manual which is focused on the
conduct of Council business and will be more accurate and less expensive to maintain.
ATTACHMENTS: Legislative Draft of Council Policies and Procedures
/- I
SECTION 1
COUNCIL PROCEDURES, CONDUCT, DUTIES
CHAPTER 1.04 COUNCIL GUIDELINES, COMPENSATION & TRAVEL
1.04.010 Resolution 6505 adopted 09/27/88
I. MEETING SCHEDULE
A. REGULAR MEETINGS
1. Regular meetings shall be held the first and third Tuesday of each month
beginning at 7:00 p.m.
2. Regular meetings shall be held in the Council Chambers.
3. Regular meetings shall be between the hours of 7:00 - 11:00 p.m. It shall be
the policy of the City Council to complete meetings, including closed sessions,
by 11:00 p.m. unless, upon consensus, Council elects to continue past the
adjournment hour. Following the mid- meeting break (around 9:00 p.m.) the
Mayor with assistance from the C.A.O. will review the balance of the agenda
with Council to discuss how it can be handled in the allowed time. If it is
necessary to continue any items, it will be announced at that time.
B. STUDY SESSIONS (Open to the public)
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.
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3. The participation of the public shall be at the discretion of the Presiding
Officer, upon consensus of the Council.
C. SPECIAL MEETINGS (as defined by State law)
1. Special meetings may be called by the Mayor or three members of the City
Council. (Ord. 677 -'76 Series)
2. Written notice must be given to the City Council and to the media 24 hours
prior to each meeting. Sec;; 4956)
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3. A supplemental telephone call shall be made if necessary to notify each
Council Member.
4. No business other than that announced shall be discussed.
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.
D. CLOSED SESSIONS (closed to the public)
1. Closed Sessions are regulated pursuant to the Brown Act.
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.
II. . AGENDA
A. Anv Council Member
Staff will
prepare a staff report on behalf of the Council Member if formal Council action
is required. Action in support of or in opposition to legislation at another
government level, or of a specific cause, shall be considered only if the subject
issue directly affects or is within the purview or control of the City of San Luis
Obispo and is coststei�t wtth' Couzacil pollctes'. (See also 1.04.080)
staff report will be prepared and approved by the C.A.O or his designee.
C. 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.
D. Reconsideration of an item shall be allowed in accordance with Roberts' Rules of
Order and established Council guidelines. Resubmittal of issues previously acted
upon is discouraeed.: but reatiests :!:will be.<.co.nstdered upon a; ;:consensus o .::a
E. ORDER OF BUSINESS shall be as follows:
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1. Call to Order
2. Pledge of Allegiance
Consent Agenda
Presentations
-7-. 9 Public Hearings .
8. Mid Agenda Bfeak (appr-exifflfitely 9.00 p.ffi.)
9 I`" Business Items
44-11.,.' Communications
G79 PUBLIC COMMENT
Immediately prior to scheduled public hearings, members of the public may
address the City Council on items that DO NOT appear on the printed 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.
du '`to ':S, :aa >l ` ` , action wi44 aria';: not be taken on issues not
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listed on the agenda. Staff will gener-ally be asked to follow -up on such items.
CONSENT ITEMS
First items on agenda (items
or items to be later set for public hearing).
2 Any item may be pulled by a Council Memberfa;d:.scuss;o.
32. Public may request l; nu icil Geuneil '`�°mbe- to pull an item irsr
discussoiz'. _
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3. Pulled items shall be heard at the close of the session unless majority of
othe Council ch n deems °•�°� tr ° °.
H. ORDINANCES
1. 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
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required for notice and publication, may request the C.A.O. to set a public
hearing on an ordinance.
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.
I. COMMUNICATIONS
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 agendtze future to s..
2. If possible, written material connected with a particular communication
item should be provided to the C.A.O. sufficiently in advance of the
meeting to be distributed with the regular agenda materials.
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 o 1nW
agend7zed items is not p allowed and such an item should be
Pe w placed, 6n the agenda o.. the next regular meeting.
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4. The communications period should not exceed fifteen minutes and speaking
to a particular item should be limited to five minutes.
III. MEETING PROCEDURES
A. PRESIDING OFFICER
1. Duties:
a. The Mayor is the Presiding Officer pursuant to City Charter Section
407 and acts as ;0 ': :ehairfn at the meetings.
b. In the absence or incapacity of the Mayor, the Vice -Mayor will act as
Presiding Officer.
2. Seating arrangement of the Council:
a. The Mayor Pro - Tempore (Vice- Mayor) shall always be seated
immediately next to the Mayor.
b. The Mayor with approval of individual Council Members shall
establish other seating arrangements for regular Council meetings.
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3. Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature. In the event the Mayor is
unavailable, the Mayor Pro - Tempore's (Vice- Mayor) signature may be used.
B. DISCUSSION RULES
1. Getting the floor:
a. A member of the City Council or staff shall first address the Presiding
Officer and gain recognition.
b. Comments;ad..e questions 7 --de ate
should be limited
c. Cross - exchange between Council Members and public should be
avoided.
2. Questions to Staff:
A Council Member shall, after recognition by the Presiding Officer, address
questions to the designated staff member.
3. Interruptions:
a. A Council Member once recognized, shall not be interrupted while
speaking except to make a point of order or personal privilege
(Robert's Rules).
b. If a Council Member while speaking is called to order, the individual
shall cease speaking until the question of order is determined (Robert's
Rules).
c. Members of staff, after being recognized by the Presiding Officer, shall
hold the floor until completion of their remarks or until recognition is
withdrawn by the Presiding Officer.
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 in the decision - making
process.
5. Tabling Procedure:
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Immediately stop discussion and vote (Robert's Rules).
6. Right of Protest:
A Council Member is never required to state reasons for dissent.
7. Rules of Order:
Those rules in effect according to the City Council policy (State law and
Robert's Rules).
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C. ADDRESSING THE CITY COUNCIL
1. Individuals shall:
a. Address the Council from the podium after giving name and city of
residence;
cb. 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;
e. 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.
2. Group or applicant representatives shall:
a. Address the Council from the podium after giving name of the group,
its purpose if necessary, and the representative's name and city of
residence;
b. Be permitted up to ten minutes to speak in either support or
opposition to an agenda item. Prior written comments are welcome
and encouraged.
3. 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
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the discretion of the Presiding Officer.
D. PROTOCOL
1. Council Members and staff shall:
a. Work earnestly to preserve appropriate order and decorum during all
meetings.
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... ::Side conversations, disruptions, interruptions or
delaying efforts are discouraged;
o.b. Inform the Presiding Officer when departing a meeting.
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 cail;!a`eces, request the removal of the person(s) from the
Council Chamber, ajoum.ahe.netgg, or take such other appropriate
action as permitted iR vy the Brown Act.
3. Only the City Council, staff, and those authorized by the Presiding Officer
shall be permitted to sit at the Council or staff tables.
4. Enforcement of order:
a. The Police Chief or his designee shall act as the Sergeant -at -Arms.
b. 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.
E. VOTING PROCEDURES
Adopted by motion on 11/15/88
Moved by RappafPinard (4 -1, Settle voting no) to amend the Council Policies
and Procedures Handbook to require electronic voting as the preferred method
for recording Council votes as recommended. Failure to vote shall be construed
as an affirmative vote.
1. All Council Members when present shall vote. Failure of a seated Council
Member to vote will be construed as an affirmative vote.
2. Three affirmative votes are necessary to decide an action.
3. Conflict of interest shall be declared whenever appropriate and in
compliance with State law and the Counctl:lvlember'w ;11 stem rlown`and ndt
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4. A vote may be changed by a Council Member only immediately after vote
announcement by the Clerk and prior to the introduction of the next
agenda item.
/ 5. The Clerk shall restate the motion prior to the voted >'Teq sv.tbe rgo br
irk.„;- a�Voice voted -may be taken. a..t th..e. c�str..eizazz,pf,t}3
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} Following the vote the City Clerk shall announce whether the questions
have been carried or defeated.
8-...1.05: 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.
1.04.030 Resolution 6587 adopted 3/13/89
(Reaffirmed on 1/15/91)
I. SALARIES FOR MAYOR AND COUNCIL MEMBERS
Effective January 1, 1989, compensation for services rendered in an official capacity shall
be provided as follows:
A. COUNCIL MEMBER
A monthly salary of $800
B. MAYOR
A monthly salary of $1000.
II. RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
The mayor and Council Members shall be.entitled to city- funded participation in group
insurance benefits such as P.E.R.S. retirement, medical, dental, vision, and life insurance
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plans available to city employees with the city providing funding up to the level provided
management employees. The City shall not pay an annual lump sum payment for the
difference between the benefit amounts provided and any lesser sum expended by the
Council Member for medical, eye care, and dental coverage for the calendar year.
III. PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
A. 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
B. LEAGUE OF CALIFORNIA CITIES CONFERENCE
For the cost of participating in the Annual Conference of the League of
California Cities. The City shall also reimburse the following costs for spousal
participation, which is encouraged:
Double room instead of a single room.
- 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.
B. 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.
IV. CITY BUSINESS AND MILEAGE
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Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows:
A. CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall
be used for in- county expenses and shall include all meals, tickets, periodicals,
dues, subscriptions, and similar miscellaneous expenses.
Quarterly Expense Allowance:
Council Member $300
Mayor $450
B. MILEAGE
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 Member $300
Mayor $450
V. 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.
A. 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 IV, 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.
B. REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non -local
professional development and conferences. These guidelines include all
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non -local official meals, tuition or fees, transportation to meeting sites, materials
and telephone usage.
C. 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.
D. 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. .
E. 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.
VI. COUNCIL COMPENSATION COMMITTEE
A five- member review committee shall be appointed by August 1 in even Qdd- numbered
years and shall bring its proposed recommendations in resolution form to the City Council
within 90 days, or no later than November 1st.
A. 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.
B. REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including
salary, benefits, expense reimbursement, professional development allowances
and any other compensation provided the City Council. Review should include,
but shall not be limited to: 1) compensation of Council and Mayors of cities of
similar population /budget size; 2) compensation practices of both Charter and
General Law cities; 3) Government Code provisions for General Law cities; and
4) Council and Mayor responsibilities in San Luis Obispo at the time of the
committee's review; and 6) any structural changes that may have occurred in
municipal government either as a result of State legislation or by actions of the
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local electorate which may have added to or deducted from the duties and
responsibilities of the Council Members and /or Mayor.
1.04.040 Resolution 5368 adopted 06/05/84
The revised Travel Guidelines of the City of San Luis Obispo dated May 15, 1984, are
hereby adopted to provide policy direction and procedures to all departments for the
authorization, accounting and reimbursement of travel and business expenses; and
reimbursement for travel expenses shall be paid, specifically as follows:
A. Per diem for meals and miscellaneous expenses - $28.00.
1. $ 4.00 breakfast
2. $ 7.00 lunch
3. $12.00 dinner
4. $ 5.00 miscellaneous expenses
(Deleted per 09/15/88 memorandum from Finance Director William Statler)
B. Alternative per diem for meals and miscellaneous expenses - $44.00 (to be authorized
by the City Administrative Officer when, in his discretion, such rates are required to
reimburse reasonable travel costs incurred for official business).
.1. $ 6.00 breakfast
2. $ 9.00 lunch
3. $16.00 dinner
4. $13.00 miscellaneous expenses
C. Use of Personal Automobile: The City shall reimburse an employee or elected
official for use of his /her private automobile for purposes of official travel at the rate
set annually by the IRS. (This rate is currently 27.5 cents per mile, effective
3/1/91). The use of a private automobile for official travel shall be approved by the
appropriate Department Head. No reimbursement shall be paid for the use of a
private automobile that is not authorized.
D. Lodging: The City shall reimburse employees and elected officials for the cost of any
lodging which is required of said official or employee in the course of their official
duties. Such reimbursement shall be sufficient to pay the actual cost of single room
plus any applicable taxes.
E. Participation of Spouse: When the elected official or employee is attending a
conference where said official's or employee's spouse is expected to attend, the City
Administrative Officer may authorize funds sufficient to cover the cost of a double
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room.. All other expenses related to the participation of an official's or employee's
spouse shall be paid by the official or employee. The City shall pay the full cost of
a double room for both elected officials and employees attending the annual League
of California Cities Conference. 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.
F. Credit Cards: The Finance Department shall be directed to maintain petroleum
company credit cards for the purpose of procuring gasoline to be used for official
City business.
1.04.050 Excerpt from Memorandum - Finance Director William Statler to All
Departments - 9/15/88 - Revised Travel Procedures
Summary of Travel Procedure Changes: The following is a summary of changes to the
City's current travel guidelines. Unless listed below, it should be assumed that the existing
policy is unaffected by these changes:
1. The use of the Travel Authorization /Travel Expense Report (TA) is only required
when the total cost of travel is estimated to exceed $200 or overnight
accommodations will be required; the voucher system should be used to request
reimbursement for all other employee expenses.
2. In reporting cash expenses that will be processed using a TA, receipts are not
required for expenses under $25.00. However, a diary of cash expenses must be
submitted with the completed TA after travel.
3. Exception to Above: Pursuant to IRS regulations, receipts must be provided for all
lodging expenses; however, it is unlikely that any lodging expenses will be incurred
in an amount less than $25.00.
4. Daily expense amounts should not exceed the "alternative" per diem target amounts
referenced in the Travel Guidelines, which are hereby extended to all City travel
($28 to $44). Requested reimbursements in excess of the daily target per diem
amount require the approval of the Director of Finance.
5. In reporting meal expenses, actual expenses incurred should be reported; however,
target per diem amounts as listed in the Travel Guidelines may be used.
6. All miscellaneous expenses must be itemized.
7. All TA's require the approval of the Department :Head; and out -of -state travel
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requires the approval of the City Administrative Officer.
1.04.060 Excerpt from Council Meeting Minutes - 12/19/83.& 12/02/85
Election of Vice -Mayor - Adopted by Council motion
12/19/83 #2 - After discussion it was moved by Councilman Griffin, seconded by
Councilman Settle, (4 -1, Dovey voting no)
eefletir-r-ent with the Mayef's , R selection of the Vice -Mayor would be on a
rotational- basis; the appointment going to the next senior member.
12/02/85 #1 - After brief discussion it was moved by Councilman Settle, seconded by
Councilwoman Rappa, (5 -0) that the office of Vice -Mayor be for a one -year term.
1.04.070 Resolution 5370 adopted 06/05/84
Mayor to Accept Deeds or Grants
That both the Mayor and Vice -Mayor of the City of San Luis Obispo are hereby authorized
to accept and consent to the recordation of any deed or grant conveying any interest in or
easement upon real property to the City of San Luis Obispo.
1.04.080 Memorandum - City Attorney Picquet to Council - 05/09/85
Memoranda Between Council Members - Adopted by State
Government Code Section 54957.5
The following explains the law regarding memoranda sent from one Council Member to the
others prior to Council meetings where the purpose of the memorandum is to provide
information or enlighten the Council regarding a matter to be discussed at the Council
meeting. Government Code Section 54957.5 provides as follows:
"(a) ... agendas of public meetings and other writings, when distributed to all or a
majori , of all, of the members of a legislative body of a local agency by a member,
officer, employee, or agent of such body for discussion or consideration at a public
meeting of such body, are public records ...and shall be made available to the
public..." (Emphasis supplied)
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Memoranda sent
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to a majority of the Council which are specifically intended to be considered or discussed
at a public meeting should be generally treated as supplemental agenda materials and
distributed as such by the Clerk.
1.04.100 Memorandum - Mayor Ron Dunin to Council - 6/12/91
Consent Agenda Procedures
In order to move the agenda forward in an expeditious manner, and to provide for the
efficient processing of the Consent Agenda, I would like to make the following suggestions
concerning the procedure for pulling items from the Consent Agenda.
1. Clarification.
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). In most cases it is hoped that items can be resolved in this
manner, thereby saving time at the meeting.
2. Separate Vote Without Discussion.
When a Council Member wishes to pull an item simply to register a dissenting vote,
a request should be made that the item be pulled for separate vote without
discussion. Such items will also be handled at the beginning of the meeting along
with the rest of the Consent Agenda.
3. Separate Discussion.
Where a Consent Agenda item requires separate discussion by the Council as a
whole, it should be pulled for separate discussion and will be acted upon at the end
of the meeting.
CHAPTER 1.08 REGULAR AND SPECIAL MEETINGS
1.08.010 Ordinance 677 adopted 08/23/76
1. 2.04.010 of the San Luis Obispo Municipal Code is hereby amended to read in full
as follows:
2.04.010. Meetings of the Council.
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The regular meetings of the Council shall be held at City Hall, 990 Palm Street, in
the City, on the first and third Tuesdays of-each month at the hour of 7:00 p.m. In
the event that a regular meeting of the Council shall fall on a legal holiday, then the
regular meeting shall be held at the same place and time on the next succeeding
working day.
2. 2.04.020 is hereby added to the San Luis Obispo Municipal Code to read in full as
follows:
2.04.020. Same. Special Meetings. (GC Sec. 54956)
Special meetings of the Council may be called by the Mayor, or by three (3) or more
Council Members. Written notice of each special meeting must be given not less
than #lee (3) 24 hours before such meeting to each member of the City Council not
joining in the call.
CHAPTER 1.12 PROCEDURE FOR FILLING CITY COUNCIL VACANCIES
1.12.010 Resolution 4423 adopted 03/17/81
Policies and Procedures for filling vacancies on the City Council.
A. Council appointment within 30 days; or call 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 no appointment is made within said 30 days, the Council shall set a
date for a special election. to fill the vacancy.
B. Open and public procedures for 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.
C. Advertise for applicants to fill vacancy. At least ten days before the 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,
and requesting applications from those persons interested in being appointed.
D. Qualifications. Although the only two established minimum qualifications for
appointment are (i) residency in the City for at least 30 days prior to appointment,
and (ii) elector status at the time of appointment (Charter Section 403), each
applicant shall submit a petition signed by no less than 20, nor more than 30
registered voters, together with a written statement of 200 words or less covering at
least the following areas: .
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1. The amount of time available each week to devote to the Council;
2. Reasons for wanting to be appointed.
3. Involvement in community affairs and organizations, especially in the preceding
23 -month period.
4.. Personal qualifications for the position.
5. Prior experience in government, or areas associated with or doing business with
government.
E. Public Meeting.
1. At a time or times 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.
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. Members of the public may submit written comments regarding an application
at any time up to 24 hours before the meeting begins.
4. At the meeting each applicant and two other persons designated by the
applicant may speak up to three (3) minutes in support of his or her application;
comments not in support of a candidate shall also be limited to three (3)
minutes.
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.
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.
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 witfiin 30 days of the occurrence
of the vacancy.
CHAPTER 1.16 CHARTER REQUIREMENTS OF MAYOR AND COUNCIL
1.16.010 Adopted 06/06/78 by Charter Section 407
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407. MAYOR - POWER AND DUTIES
The Mayor shall preside at. all meetings of the City Council and perform such other duties
consistent with the office as may be imposed by the Council or by vote of the people. The
Mayor shall be entitled to, and must vote when present, but shall possess no veto power.
As presiding officer of the Council, the Mayor will faithfully communicate the will of the
Council majority to the Administrative Officer in matters of policy.
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 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.
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.
1.16.020 Powers and Duties of Council
501. GENERAL POWERS OF THE COUNCIL
Subject to the provisions and restrictions contained in this Charter and the delegation of
power, if any, to any person, officer, Board, or Commission, the Council shall have the
power in the name of the City, to do and perform all acts and things appropriate to a
municipal corporation and the general welfare of its inhabitants and which are not
specifically forbidden by the Constitution and laws of the State of California, or which now
or hereafter it 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.
502. MEETINGS OF COUNCIL
The Council shall provide by ordinance for the time and place of holding its meetings and
the manner in which its special meetings may be called. Public interest and convenience
shall be the 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.
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503. QUORUM
A majority of the Council members shall constitute a quorum for the transaction of business.
504. RULES OF PROCEDURE
The Council shall determine its own rules of procedures.
505. VOTING
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. Upon the request of any
member, the ayes and noes shall be taken and recorded on any vote. All members, when
present, must vote. Failure or refusal to vote shall be construed as an affirmative vote.
506. MAJORITY RULE
No ordinance, resolution or motion shall be passed or become effective without receiving
the affirmative vote of at least three members of the Council.
507. ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in
any investigation or proceeding pending before the Council. The Council shall have the
power and authority to compel the attendance of witnesses, to examine them under oath and
compel the production of evidence before it. Subpoenas may be issued in the name of the
City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to
testify (upon other than constitutional grounds), shall be deemed contempt and shall be
punishable as provided by the general laws of the State.
508. LIMITATIONS
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.
601. METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral
motion duly made and passed.
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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.
1.16.030 City Attorney Picquet Opinion - 01/84 - Procedure to Pass or Fail Council
Action - Adopted by Charter Section 505
The City of San Luis Obispo is governed by the Charter which indicates that all
councilmembers, when present, must vote on an item. Failure or refusal to vote is
construed as an affirmative vote (abstentions are therefore not permitted). It also requires
three affirmative votes to pass a motion. 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.
CHAPTER 1.20 BROWN ACT (See Government Code Sec. 54650 et. seq. for full
text of the Brown Act)
120.010 Clarification by City Attorney Picquet - 02/24/84
The "Brown Act" is California's Open Meeting Law. The purpose of the Act is to ensure
that the public has a right to have the public's business conducted in the open. The Act
covers both deliberations regarding the public's business, as well as actual action.
The open meeting requirement of the Act applies to virtually all meetings held by the City
Council. The Act requires certain notice be given to the press and public for different kinds
of meetings. Limited exceptions to the open meeting provisions are provided so that certain
matters which require confidentiality (personnel matters, labor negotiations, public safety,
and litigation) can be discussed or acted upon.
The Brown Act is a means by which the public and their elected and appointed officials
ensure a high degree of confidence in the integrity of government. It is an essential part of
the legal framework under which the Council operates.
Key Sections of the Act are:
A. Applies to Charter Cities (Sec. 54951)
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B. Applies to Council, Boards, Commissions (Sec. 54953)
C. Disorderly persons may be removed from meetings (Sec. 54957.9)
D. Violation may be a misdemeanor (Sec. 54959)
E. Violation may be subject to Civil action (Sec. 54960)
F. Personnel matters may be closed to public (Sec. 54952, 54957)
CHAPTER 1.24 COUNCIL /STAFF RELATIONSHIPS AND CONDUCT
1.24.010 Resolution 5369 adopted 06/05/84
This Council hereby approves and adopts Administrative Policy entitled "Relationships and
Conduct Between Council Members and Staff," a copy of which is attached hereto marked
Exhibit "A" and thereby incorporated herein. A copy of said Administrative Policy shall be
maintained on file in the office of the City Clerk and shall be available to the public during
reasonable business hours. Copies shall also be given to all department heads who shall be
responsible for informing their staff of the contents of said policy.
EXHIBIT "A ": Relationship and conduct between Council Members and staff with the
intent of the Council to:
1. Maintain control and direction of the City by the Council as a whole;
2. Insure Council members free access to and flow of any information relative to the
running of the City and to insure that such information is communicated by staff in
full and with candor to those requesting it;
3. Avoid intrusion by individual Council Members into those areas which should be the
responsibility of staff and to prohibit intervention by individual Council Members in
staff decision - making, the making of staff recommendations, scheduling of work, and
executing department priorities without the prior knowledge and approval of the City
Council as a whole;
4. Protect staff from undue influence and pressure from individual Council Members,
and to allow staff to execute priorities given by management and the Council as
whole without fear of reprisal.
A policy guiding the conduct between Council Members and staff in their contacts with each
other is hereby stated:
COUNCIL AND COUNCIL MEMBERS
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The full City Council retains full power to accept, reject, amend, influence, or otherwise
guide and direct staff actions, decisions, recommendations, work loads and schedules,
departmental priorities, and the conduct of City business.
Individual members of the Council shall make no attempt to pressure or influence staff
decisions, recommendations, work loads, and schedules, and departmental priorities without
the prior knowledge and approval of the Council as a whole.
If a Council Member wishes to influence the actions, decisions, recommendations, work
loads, work schedules, and priorities of staff, that member must prevail upon the Council
w:. to do so as a matter of Council policy.
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.
STAFF
The Council recognizes the primary functions of staff as executing Council policy and actions
taken by the Council and in keeping the Council informed.
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.
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1.24.020 Excerpt from Advisory Body Handbook, (Resolution No. 6911, adopted
12/18/90) page 2 (D).
ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available but advisory bodies do not
have supervisory authority over city employees. While they may work closely with advisory
bodies, staff members remain responsible to their immediate supervisors and ultimately to
the CAO and Council. The members are responsible for the functions of the advisory body
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and the chairperson is responsible for committee compliance with the policies outlined in
this handbook.
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. Assigned staff person serves as Secretary taking minutes as
needed.
It is important that recommendations from advisory bodies wishing to communicate to the
City Council are done 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.
CHAPTER 1.28 MISSION STATEMENT
1.28.010 Adopted by Council Motion 11/19/85 (item #8)
SAN LUIS OBISPO STYLE
Quality With Vision
WHO ARE WE? People Serving People
- A team that puts high value on each citizen it serves.
- Providers of programs that meet basic service needs of each citizen.
- Enhancers of the quality of life for the community as a whole.
WHAT DO WE STAND FOR? Quality in all Endeavors- -Pride in Results
- Service to the community -- the best -- at all times.
- Respect -- for each other and for those we serve.
- Value -- ensuring delivery of service with value for cost.
- Community involvement -- the opportunity to participate in attaining the
goals of the City.
WHERE ARE WE GOING? Into the Future with a Design
- Planning and managing for levels of service consistent with the needs
of the citizens.
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- Offering skills development and organizational direction for employees
in order to improve the delivery of municipal services.
- Developing sources of funding and establishing a sound financial management
program which will result in fiscal independence and flexibility in the
delivery of city services.
- Providing the residents of the City with accurate and timely information
on issues which affect them, and encouraging the full utilization of
city services.
- Promoting the city as a regional trade, recreational and tourist center
and improving the quality of life for residents and visitors.
CHAPTER 1.32 COUNCIL BUDGET POLICY STATEMENTS
1.32.010 Adopted as part of the 1991 -92 Budget - Resolution 6992 adopted 06/18/91 (see
also current year budget document for complete policy statement or appropriate
subsection of this document)
Financial Plan Organization
General Revenue Management
Parks and Recreation Fees
Enterprise Fund Fees and Rates
Other Fees and Rates
Revenue Distribution
Investments
Capital Financing and Debt Management
Appropriations Limitation
Fund Balance Designation and Reserves
Capital Improvement Management
Human Resource Management
Productivity
Contracting for Services
New Significant Policies (see 1991 -93 Financial Plan & 1992 -93 Budget):
User Fee Cost Recovery Goals
NOTE: Other previously adopted Budget Policy Statements are identified in the
appropriate Council Policy Subsection indicated below:
a) Sidewalk Installation and Maintenance (Chapter 3.60.010 - Res. 5986 adopted
06/17/86)
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b) Tree Maintenance (Chapter 3.48.010 - Res. 5702 adopted 06/18/85)
c) Street Lighting Standards (Chapter 3.51010 - Res. 5702 adopted 06/18/85)
d) Emergency Medical Support (EMT II) (Chapter 9.16.010 - Res. 5702 adopted
06/18/85)
e) Notification and Advertising (Chapter 1.36.010 - Res. 5702 adopted 06/18/85)
f) Traffic Control Device Guidelines (Chapter 3.56.010 - Res. 5702 adopted 06/18/85)
g) Storm Drainage Maintenance (Chapter 5.06.010 - Res. 5702 adopted 06/18/85)
h) Pavement Management (Chapter 3.64.010 - Res. 6241 adopted 06/30/87)
i) Underground Utilities (Chapter 3.68.010 - Res. 6241 adopted 06/30/87)
CHAPTER 1.36 NOTIFICATION AND ADVERTISING
1.36.010 Resolution 5702 adopted 06/18/85 - Budget Policy
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 include location maps, project
descriptions and posting of property, if required, written in plain English in order to fully
inform all interested individuals.
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.
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