HomeMy WebLinkAbout10/25/2011, B6 - CITY COUNCIL POLICIES AND PROCEDURES MANUAL C ATTACHMENT
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CITY OF SAN LUIS OBISPO
FROM: Katie Lichtig, City Manager
Christine Dietrick, City Attome
SUBJECT: City Council Policies and Procedures Manual
RECOMMENDATION
1) Receive a presentation on the Brown Act.
2) Provide staff with direction regarding changes to bring forward for possible incorporation
into an update of the Council Policies and Procedures Manual (Manual).
BACKGROUND
As a charter city, the City of San Luis Obispo's powers are defined by the City Charter, provided
those powers are consistent with the State Constitution. The City's Charter serves as its
constitution, and may only be amended by a vote of the people. Similar to the State and Federal
constitutions, the City's Charter establishes general parameters of governance, but does not
include an "operating manual" or detailed procedures. Consistent with this concept, Article V of
the City Charter establishes Council Powers and Procedures, but it is the Council Policies and
Procedures Manual that describes in detail how Article V of the City Charter is to be carried out.
For example, Charter Section 502 (Meetings of Council) includes the following provision:
"Except as otherwise provided by law, all meetings of the Council
shall be open to the public."
However, it is the Manual that designates the first and third Tuesday of each month at 7:00 PM
as the time and place for regular public meetings.
The Manual has been in existence since at least 1993. The current version of the manual was
adopted in 2004 and updated in 2006 and 2008. The Council Policies and Procedures Manual
contains six chapters, as follows:
Chapter 1: Meeting Guidelines and Procedures
Chapter 2: Council Compensation
Chapter 3: Council Powers and Appointments
Chapter 4: The Brown Act
Chapter 5: Council/Staff Relationships and Conduct
Chapter 6: Advisory Body Procedures
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The Manual covers a wide variety of matters including: procedures for scheduling special
meetings, procedures for placing items on the agenda, meeting protocols and voting procedures,
salary and benefits of Council Members, filling Council vacancies, applicability and penalties
associated with the Brown Act, guidelines for staff regarding timely response to Council
inquiries and roles of Council advisory body liaisons.
The Manual represents a best management practice for governance. Having the Manual promotes
fairness in that everyone has access to the "rules of the road" when it comes to City Council
operations. Moreover, the Manual promotes transparency since it outlines how the City will
implement the Brown Act, make documents available to the public and manage City Council
meetings. However, it is prudent to periodically review and update the Manual by a majority vote
of the City Council. Staff is now seeking direction from the City Council to initiate an update and
input from the Council regarding the specific subjects or sections of the manual that are in need
of updating or revision.
Brown.Act Presentation
Chapter 4 of the Manual includes a chapter on the Brown Act. This section includes policies and
procedures to ensure that the City remains in compliance with the provisions California's open
meeting law. To prepare the Council for this discussion, staff has invited Attorney Molly
Thurmond of Hall, Hieatt & Connelly to provide a refresher to Council on the general
requirements of the Brown Act. It is staff's intention in providing this training in conjunction
with Council's review of its policies and procedures to ensure that Council's consideration of
this section of the policy manual is informed by the most up to date information regarding the
requirements of the Act. The presentation will include an overview of the Brown Act, as well a
discussion of "hot topics" relevant to the conduct of City Council meetings.
DISCUSSION
Scope of Update
Staff is seeking direction from the City Council to prepare an update to the Manual. No changes
have been made to the Manual since 2008,however, some new practices have been instituted and
new technology has been implemented that warrant a review of the Manual. The following is an
overview of some of the issues that staff is recommending be discussed by the City Council and
direction provided to staff about updates to the Manual. Once the Council provides direction to
the staff an updated Manual will be provided to the City Council for review and adoption.
Red Files
The Brown Act requires that agendas or any other writings, distributed to all or a majority of the
members of a legislative body for discussion or consideration at a public meeting must be
disclosed to the public upon request, and shall be made available without delay to members of
the public in accordance with the provisions of section 54957.5. If materials are provided prior to
a meeting, the materials should, upon request and without delay, be made available to the public
upon request at the time of distribution to the body. (§ 54957.5(a)). If the materials are
distributed to the members of the body by the agency at the meeting, the materials should be
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available to the public at that time as well. Materials provided at the meeting by a person, who is
not a member of the body or employee of the local agency, must be made available by the body .
to the public at the conclusion of the meeting. (§ 54957.5(b)).
In order to comply with the provisions of the Brown Act and ensure that the public has access to
all materials distributed to the Council in the same time frame as information is distributed to
Council, the City has developed a document distribution process that has come to be known as
the "Red File"process. "Red Files"refer to correspondence submitted to the City by members of
the public or supplemental information regarding an agenda item produced by staff, often in
response to individual Councilmember questions, after the agenda has already been published.
Red file memos are distributed to all members of the Council, key staff members, and the media.
Hard copies of each non-privileged document distributed to the Council in this way are also
maintained for public review in the City Clerk's Office. This process improves transparency of
communications and enhances the flow of information between the Council and the public
regarding items on the agenda. Staff recommends the process for distributing red file memos
should be formalized in the Manual so that the policy and its purpose are clearly communicated
to Council, staff and members of the public.
Electronic Correspondence during Public Hearings
During a public hearing correspondence between Council members or between a member of the
public and the Council regarding the public hearing matter being.considered by the City Council
must occur out in the open. This is required for the purpose of keeping an accurate record as well
as complying with the Brown Act and due process requirements. With the advent of smart
phones, technology is available that has the potential to complicate this process by creating at
least the perception, if not the reality, that communications occurring outside a public hearing are
influencing decision making. In the public hearing context, such communications are known as
ex parte communications. In order to ensure due process to applicants or appellants who come
before the Council, such communications are required to be disclosed publicly. Moreover, one of
the fundamental requirements of a "hearing" is that the applicant/appellant's has the right
actually to be heard in a meaningful way. Thus, Council members engaging in activities that
cause them to be visibly distracted from the hearing, such as texting or reading e-mail, can result
in Council actions being challenged on due process grounds. If more than two Council members
were to engage in this type of electronic communication on a matter within the Council's
jurisdiction, the communication would also violate the Brown Act's requirement that the Council
conduct its deliberations in public. Staff'is recommending that the Manual be updated to address
Council use of electronic communication devices during public hearings. The Manual need not
prohibit the use of phones or other electronic communication devices during public meetings, as
it is sometimes important for a member of the Council to be in touch with family. However,
because communication regarding hearing items is not permissible, the Manual should be
updated to reflect the fact that use of phones should be very limited and consideration should be
given to the public perception of such use. Staff is requesting input from Council regarding the
parameters of a policy for inclusion in the Manual that provides for an appropriate level of
flexibility so that each Council member can utilize the most appropriate technology to suit his or
her needs, while ensuring public transparency and protecting Council actions from challenge.
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Council Compensation
Council compensation is broadly governed by Section 410 of the City Charter, as follows:
410 Compensation.
The Mayor and each Council Member shall receive compensation for services payable
according to the regular City payroll schedule, with the Mayor receiving greater
compensation than the other Council Members.
Compensation for Mayor and Council Members shall be reviewed biennially in even-
numbered years. When warranted, said compensation may be adjusted by Council
resolution, to be effective the first full pay period in January of the year following the
review. The compensation rate may be revised by the electorate by initiative.
Mayor and Council Member expenses incurred for official business shall be reimbursed.
Chapter 2 of the Manual provides additional detail as to the components of and parameters for
Council compensation. The policies and procedures for Council compensation establish a
process whereby a Council Compensation Committee with a broad representation is charged with
the biennial review of compensation set forth in the Charter. The Committee reviews the full
compensation package of Council compensation and makes recommendations on changes. The
last time Council compensation was changed was in 2006, effective January 1, 2007. The next
permissible review of Council compensation, in accordance with the Charter, will be 2012.
Recently, some Council members have inquired whether it would be permissible to revisit
Council compensation in a more immediate time frame given the difficult economic times facing
the City. Staff was asked to look into this issue and present alternatives to the Council for
consideration. As noted, the Council compensation policies are governed by Charter and, as
such, are not subject to flexibility or Council discretion. Thus, an early review and/or revision to
the Council compensation policy,is not permissible before 2012 and any recommended changes
to the policy would not be effective until 2013.
As a Charter City, the City is not generally bound by and has not adhered to the provisions of the
Government Code governing Council compensation. However, Government Code, § 36516
(f) presents an alternative to revisions to the generally applicable Council compensation
provision of the Charter that has been utilized by individual Council members to reduce their
compensation in the past. That section provides that "A city council member may waive any or .
all of the compensation permitted by this section' (which references retirement and health
benefits, as well as expense reimbursements, separate from salary). Thus, while no wholesale
changes may be made to Council compensation in the short term, individual Council members
are free to waive whatever portion of the compensation provided to them that they may deem
appropriate. Such a waiver would affect only the individual choosing to waive compensation for
the period of time specified by that individual. An individual waiver would not be binding on
any other current or future Council member in the manner that modifications to the Council
compensation policies would be. Should any Council member wish to make a change in their
individual compensation staff will return with the appropriate resolution to effectuate this
change. Aside from individual decisions about compensation the City Clerk will begin the
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process regarding review of Council compensation as specified by the Charter such that the
timeframes in the Charter will be met.
Technology Allowances
Section 5.4 of the Manual spells out telecommunications and information technology systems
provided to Council members. Specifically, the Mayor and Council members are provided
telephones at their home or a city provided smart phone, a "computer workstation" and remote
access consistent with the most up-to-date city computer replacement policy, access to City e-
mail and the internet, all intended to help them conduct the City's business. Additionally each
new council member is provided an "entering office allowance" intended to assist in preparing
the councilmember for his or her service. This allowance can be used for office furniture such as
filing cabinets or professional development such as that provided by the League of California
Cities. Different Council members have different needs. As a result, staff in the Information
Technology Division connects with new Council members to determine the best approach for
technology solutions. City policy regarding the allowances and specified technology has not been
updated recently and, therefore, is out of date. Staff is recommending that Council authorize staff
to update the sections regarding allowances that do not currently reflect the reduced amounts due
to recent budget reductions. Moreover, staff seeks Council direction that allows for increased
flexibility in the policy so that Council members are able to find technology solutions that best
meet their individual needs. As an example it may be appropriate for a council member to have a
laptop instead of a desktop. It seems appropriate for the Manual to allow for this type of
flexibility. Or it may be acceptable to the Council to set a maximum not to exceed dollar amount
for each council member allowance for technology and then the Council member would be able
to specify a combination of city-supported software they wish to load onto their personal
computer. General direction to staff will be sufficient and staff will craft revisions to the Manual
and return for council consideration in the future.
Other Issues
There may be other issues contained in the Manual that the Council wishes to discuss and
provide direction to staff. Additionally, the Council may wish staff to research issues relevant to
the operation of the City Council that are not currently contained in the Manual.
FISCAL IMPACT
There is no fiscal impact beyond the assignment of staff resources associated with updating the
Council Policies and Procedures Manual. Hall, Hieatt & Connelly has made Ms. Thurmond
available to provide her presentation to the Council as a courtesy. The firm also represents the
City in litigation matters, as assigned by the City's insurance authority.
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ALTERNATIVE
The City Council may decide not to direct staff to update the Council Policies and Procedures
Manual. This alternative is not recommended because the Manual has not been updated since
2008 and it is apparent that at least minor revisions are in order.
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City Council Policies and Procedures Manual
GAStaffiCodroMCAMpolicies and procedures.DOC
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city of san lugs, OBISPO
COUNCIL POLICIES
AND PROCEDURES
MANUAL
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Adopted by the City Council
April 20, 2004, Resolution No. 9554
Updated by the City Council
May 2, 2006, Resolution No. 9794
November 16, 2008, Resolution No. 10041
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COUNCIL POLICIES & PROCEDURES
TABLE OF CONTENTS
FOREWARD......................................................................................................................1
CHAPTER ONE
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)...........5
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 ...............................................................................10
1.3.8 CONSENT AGENDA...............................................................................12
1.3.9 COMMUNICATIONS ..............................................................................12
1.3.10 CLOSED SESSIONS.... ...........................................................................13
1.4 MEETING COVERAGE.....................................................................................13
CHAPTER TWO
COUNCIL COMPENSATION ..... ...............................................................................15
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS....................................15
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE.......15
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2.3 PROFESSIONAL DEVELOPMENT.....................................................................15
2.3.1 PROFESSIONAL DEVELOPMENT.........................................................15
2.3.2 START-UP ALLOWANCE.......................................................................15
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT...................................16
2.4.1 CITY BUSINESS...... ..............................................................................16
2.4.2 MILEAGE.............. ...............................................................................16
2.5 GENERAL PROCEDURES AND LIMITATIONS...............................................16
2.5.1 ACCOUNTING....... ..........................................................................:....16
2.5.2 REIMBURSEMENT LIMITATION.........................................................17
2.5.3 SPECIAL EXPENSES..............................................................................17
2.5.4 HONORARIUM......................................................................................17
2.5.5 OTHER GUIDELINES .............................................................................17
2.6 COUNCIL COMPENSATION COMMITTEE......................................................17
2.6.1 MEMBERSHIP......... ..............................................................................17
2.6.2 REVIEW RESPONSIBILITY....................................................................17
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS.................................................................19
3.1 MAYOR-POWERS AND DUTIES....................................................................19
3.2 APPOINTMENT OF VICE-MAYOR...................................................................19
3.3 FILLING COUNCIL VACANCIES......................................................................19
3.3.1 APPOINTMENT OR SPECIAL ELECTION....................................:.......19
3.3.2 PUBLIC APPOINTMENT.........................................................................20
3.3.3 ADVERTISE FOR APPLICANTS............................................................20
3.3.4 QUALIFICATIONS... ...............................................................................20
3.3.5 PUBLIC MEETING... ...............................................................................20
3.4 GENERAL POWERS OF THE COUNCIL.........................................................21
3.5 ADMINISTERING OATHS: SUBPOENAS.......................................................21
3.6 LIMITATIONS.....................................................................................................22
3.7 METHOD OF ACTION BY COUNCIL..............................................................22
3.8 ORDINANCES....................................................................................................22
3.9 ACCEPTANCE OF GRANTS OR DEEDS .......................................................22
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3.10 LEGISLATIVE ACTION PROGRAM...............................................................22
3.11 AMICUS CURIAE PARTICIPATION................................................................23
CHAPTER FOUR
THEBROWN ACT .......................................................................................................24
4.1 APPLICABILITY AND PENALTIES.................................................................24
4.2 MAJOR PROVISIONS.......................................................................................24
4.2.1 APPLICABILITY....................................................................................24
4.2.2 MEETINGS.............................................................................................24
4.2.3 AGENDAS........................................:.....................................................24
4.2.4 ACTIONS................................................................................................24
4.2.5 PUBLIC INPUT ......................................................................................25
4.2.6 PUBLIC DISRUPTIONS ........................................................................25
4.2.7 CORRESPONDENCE............................................................................25
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS...........................25
4.3 SPECIAL MEETINGS.........................................................................................26
4.4 EMERGENCY MEETINGS.................................................................................26
4.5 ELECTRONIC MAIL (EMAIL),THE PUBLIC RECORDS ACT
ANDTHE BROWN ACT....................................................................................26
4.6 OTHER PROVISIONS .........................................................................................26
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS & CONDUCT...............................................27
5.1 INTENT.................................................................................................................27
5.2 GUIDELINES FOR COUNCIL MEMBERS......................................................27
5.2.1 REQUESTS FOR INFORMATION .......................................................27
5.2.2 DIRECTION TO STAFF.........................................................................27
5.3 GUIDELINES FOR STAFF................................................................................27
5.3.1 TIMELY RESPONSE.............................................................................28
5.3.2 DIRECTION FROM COUNCIL.............................................................28
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS............28
5.3.4 INFORMATION DISTRIBUTION........................................................28
5.3.5 SIGNIFICANT INFORMATION ..........................................................28
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5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS ...29
5.4.1 TELEPHONES.......................................................................................29
5.4.2 COMPUTER WORKSTATIONS &REMOTE ACCESS POLICY.....29
5.4.3 SECURITY.............................................................................................29
5.4.4 INTERNET ACCESS.............................................................................30
5.4.5 ELECTRONIC MAIL (EMAIL)............................................................30
5.4.6 SUPPORT RESPONSIBILITIES...........................................................30
5.4.7 COUNCIL MEMBER RESPONSIBILITIES.........................................30
CHAPTER SIX
ADVISORY BODY PROCEDURES.............................................................................31
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS ...................31
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES......................31
6.1.2 ROLE......................................................................................................31
6.1.3 COMMUNICATION..............................................................................31
6.1.4 EDUCATION.........................................................................................31
6.1.5 APPOINTMENT AND RECOMMENDATION...................................31
6.1.6 ATTENDANCE .....................................................................................31
6.2 COUNTY OR REGIONAL REPRESENTATION...........................................32
6.3 OTHER COUNCIL SUBCOMMITTEES.........................................................32
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ......32
6.4.1 INTENT.................................................................................................32
6.4.2 COUNCIL AGENDA REPORTS.........................................................32
6.4.3 COUNCIL MEETINGS ........................................................................32
6.4.4 RECOMMENDATIONS.......................................................................33
6.5 ROLE OF CITY STAFF PERSONS ................................................................33
6.6 APPOINTMENT PROCEDURES....................................................................33
6.6.1 PURPOSE..............................................................................................33
6.7 PROCESS........................................................................................................34
6.7.1 QUALIFICATIONS ..............................................................................34
6.7.2 TERMS..................................................................................................34
6.7.3 PROCESS..............................................................................................35
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COUNCIL POLICIES AND PROCEDURES
FOREWORD
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 general
laws adopted by the State Legislature pertaining to the organization and operation of a
municipality, and from the police power 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 the city's own charter, subject
only to the limitations of the State Constitution. As a result, charter 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 popular
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 November 4,
2008.
The word "charter" and the notation, e.g. (Charter§ 503)used within this document refer to the
City Charter.
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CHAPTER ONE
MEETING GUIDELINES& PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and the
manner in which special meetings may be called. Public interest and convenience shall be
primary considerations when decisions are made as to time, location and frequency.
Except as otherwise provided by law,all meetings of the Council shall be open to the
public. (Charter§ 502)
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the first and third Tuesday of each month
beginning at 7:00 p.m. In the event that a regular meeting of the Council
shall fall on a legal holiday,that regular meeting shall be held at the same
place and time on the next succeeding working day. (Ord. 677)
1.1.2.2 Regular meetings shall be held in the Council 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 7:00 p.m. and 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 a majority of the Council elects to
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 the
balance of the agenda and determine whether to extend the meeting
beyond the hour of 11:00 p.m.,continue any remaining items, or
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 between
staff,advisory bodies or consultants,the public, and the City Council
regarding specific programs,projects or policies. Council may provide
direction,but no formal action will be taken during a Study Session.
Study Sessions may be conducted in a variety of formats,including
Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City limits
and convenient to Council and advantageous for public participation.
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1.1.3.3 Participation of the public shall be at the discretion of the Presiding
Officer,upon consensus of the Council.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the
City Council. (GC § 54956) Written notice of each special meeting must
be given.not less than twenty-four(24)hours before such meeting to each
member of the City Council not joining the call. (Ord. 959)
1.1.4.2 Written notice must be given to the City Council(unless dispensed with
or waived pursuant to State law) and to the media twenty-four hours prior
to each meeting. (GC § 54956)
1.1.4.3 A supplemental telephone call shall be made if necessary to notify each
Council Member.
1.1.4.4 No business other than that announced shall be discussed.
1.1.4.5 Any special meeting held at a place other than City Hall shall be open to
the public. Such meetings shall be held within the city limits. Notice
requirements of the Brown Act shall be complied with for any such
meetings; regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
1.1.5 USE OF COUNCIL CHAMBER
1.1.5.1 The City Manager, or designee,is responsible for maintaining a calendar
on the use of the Council Chamber and all requests for reservations shall
be cleared through the administrative office.
1.1.5.2 When a question.arises regarding permission for any group to use the
facility,the City Manager shall have authority to make the final
decision. The following rules are established as a guide:
a. Use of the Council Chamber by City commissions, committees, and
other advisory bodies shall take precedence over any other group or
agency.
b. Favorable consideration shall be given to other governmental
agencies and non-profit groups during regular business hours only,
unless otherwise approved by the City Manager(see exception noted
in Section 1.1.5.2.c). These groups will be charged for the use of the
Council Chamber at the same rate charged governmental agencies
and non-profit groups for use of the Community Room at the
City/County Library. No events of a commercial nature shall be
allowed. The Council Chamber will not be available for use by any
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non-City organizations during non-business hours,unless otherwise
approved by the City Manager(see exception noted in Section
1.1.5.2.c).
c. With the approval of the City Manager,other local governmental
agencies may use the Council Chamber for the purpose of live or
video cablecasting public hearings and/or public meetings during
regular or non-business hours.. The fee charged shall be the same rate
charged governmental agencies for use of the Community Room at
the City/County Library, in addition to the cost for services provided
by the City for cablecasting operations.
d. No admission shall be charged. No events featuring the service of
food or drink shall be allowed.
e. Regularly scheduled meetings by other agencies and groups shall be
discouraged.
f. Meetings being held to advocate the election or re-election of a
particular candidate for political office shall not be allowed.
However,the Council Chamber may be used for a Candidate Forum
where the public and all candidates for a particular public office have
been invited.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can be
conducted and to effectively implement the approved Council Goals,Financial Plan and
Budget,and also work programs,objectives,and business of the City as established by the
present or earlier City Councils. Agenda items also include recommendations to the City
Council from advisory bodies, land use and zoning actions or appeals,bid and purchasing
procedures,and mandates from other levels of government. Staff shall work within the
policy context established by the Council and will not arbitrarily place matters on the
agenda that are outside the scope of existing work programs of the City,except as approved
by the Mayor,and permitted under the Charter sanctioned instructions for the City Manager
to inform and advise the Council of matters necessary to the proper operation and well-
being of the City.
The process for determining the format and order of the agenda is based primarily on the
order of business adopted by the City Council(See Section 1.2.8). The process for
establishing the order of specific business and public hearing items is a collaborative one
determined largely by anticipated public attendance(those matters involving greater
audience attendance are usually scheduled ahead of other items). On a rotating basis,
individual members of the Council shall attend agenda review meetings with the City
Manager and department heads held on the morning of the City Council meeting to discuss
issues and to review upcoming agenda items. In addition, the City Manager, City Attorney
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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 and
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 the
Communications section of the regular agenda. Upon consensus of a majority of the
Council, staff will prepare a staff report if formal Council action is required. An individual
Council Member may place an urgency item on an agenda with a minimum of 72 hours
legal notice and a memorandum from the Council Member to the Council and staff setting
forth the substantive issues of the item. For the purpose of this paragraph,urgency shall
arise in those limited situations where an item requires immediate action,and the need to
take immediate action came to the attention of the Council Member subsequent to the
distribution of the agenda.
1.23 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies,as part of their normal scope of duties and
responsibilities, shall be timely placed on the City Council agenda by staff,who shall
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(new
ideas or concerns, for example), it may request that the item be placed on a future agenda by
submitting a written request to the Council approved by a majority of the advisory body
members and signed by the Chair. During Communications,any member of the Council
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 Public
Comment period at the beginning of every Council meeting,or via other communication
with Council Members,and upon consensus of a majority of Council,a staff report will be
prepared and approved by the City Manager or his/her designee.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety may be considered emergency
in nature. A four-fifths vote of Council is necessary to add an emergency item.
1.2.6 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 the
Council meeting at which the original vote was taken. The vote may be reconsidered during
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that meeting,but no later than the next Council meeting. Debate is Iimited to the question
of 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 next
or future agenda
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.5.1 Call to Order
1.2.5.2 Pledge of Allegiance
1.2.5.3 Roll Call
1.2.5.4 Presentations
1.2.5.5 Appointments
1.2.5.6 Public Comment
1.2.5.7 Consent Agenda
1.2.5.8 Public Hearings
1.2.5.9 Business Items
1.2.5.10 Liaison Reports
1.2.5.11 Communications
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public interest
that appear on a City Council or Planning Commission agenda, as well as all matters where
advertising is required by law. Said advertisements shall include location maps,project
descriptions and posting of property, if required,written in plain English in order to fully
inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings.
(Charter§407)
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as
Presiding Officer.
1.3.1.3 Seating arrangement of the Council:
1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the
Mayor.
1.3.1.3.2 The Mayor,with the approval of individual Council Members,
shall establish other seating arrangements for regular Council
meetings.
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1.3.1.4 Signing of City Documents
The Mayor,unless unavailable, shall sign all ordinances,resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature, except when the City Manager
has been authorized by Council action to sign documents. In the event the
Mayor is unavailable,the Vice Mayor signature may be used.
13.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of
business. (Charter§ 503)
13.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A member of the City Council or staff shall first address the
Presiding Officer and gain recognition.
1.3.3.1.2 Comments and questions should be limited to the issue before
Council.
1.3.3.1.3 Cross-exchange between Council Members and public should
be avoided.
1.3.3.2 Questions to staff:
A Council Member shall,after recognition by the Presiding Officer,
address questions to the designated staff member.
1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized,a Council Member shall not be interrupted
while speaking,except to make a point of order or personal
privilege.
1.3.3.3.2 If a Council Member is called to order while speaking,the
individual shall cease speaking until the question of order is
determined.
1.3.3.3.3 Upon being recognized by the Presiding Officer,members of
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staff shall hold the floor until completion of their remarks or
until recognition is withdrawn by the Presiding Officer.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject
until every other Council Member has had the opportunity to speak.
Council Members are encouraged to discuss items during the
decision-making process.
1.3.3.5 Tabling Procedure:
If a motion is made to table a matter,discussion will stop immediately
and 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 the
City Clerk to enter it into the record following the statement.
13.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy(State law and Robert's Rules).
The following summarizes the most frequently used actions.
13.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and decorum
during all meetings.
1.3.5.1.2 Discourage side conversations, disruptions,interruptions or
delaying efforts.
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1.3.5.1.3 Inform the Presiding Officer when departing from a
meeting.
1.3.5.2 Persons demonstrating rude,boisterous,or profane behavior will be called
to order by the Presiding Officer. If such conduct continues,the Presiding
Officer may call a recess, request the removal of such person(s)from the
Council Chamber,adjourn the meeting, or take such other appropriate
action as permitted by the Brown Act.
1.3.5.3 Only the City Council,staff, Advisory Body Chairs or designated
representatives,and those authorized by the Presiding Officer shall be
permitted to sit at the Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his/her designee shall act as the
Sergeant-at-Arms.
1.3.5.4.2 Any Council Member may request the Presiding Officer to
enforce the rules of protocol. Upon motion and majority
vote,the Presiding Officer shall be required to do so.
13.6 VOTING PROCEDURES
1.3.6.1 When present,all Council Members shall vote,except in the case of a
recusal due to a conflict of interest. Failure of a seated Council Member
to vote will be construed as an affirmative vote. (Charter§ 505)
1.3.6.2 No ordinance,resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the
Council. (Charter§ 506)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in
compliance with State law and the Council Member will step down and
not participate in the discussion or vote on the item.
1.3.6.4 A vote may be changed by a Council Member only immediately after the
vote has been announced and prior to the introduction of the next agenda
item.
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1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the
motion maker to restate the motion if required for Council or public
clarification.
1.3.6.6 A roll call(voice)vote may be.taken at the discretion of the Presiding
Officer.
1.3.6.7 A general consent vote may be taken at the discretion of the Presiding
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 and
recorded on any vote. (Charter§ 505)
1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the
Council. (Charter§ 505)
1.3.6.10 Following the vote,the Mayor shall announce whether the questions have
been carried or defeated.
1.3.6.11 Should a tie vote occur,the Council is required to continue the item by
majority vote or make motions until an action receives three affirmative
votes.
1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the
audience or may direct a member of the staff to do so.
1.3.7 PUBLIC 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 are
encouraged to present written comments at least one day prior to the meeting. This
provides the Council with a greater opportunity to review and consider issues and/or
concerns expressed in written communications prior to a meeting. Written comments
received before, at or during a Council meeting are included in the public record. (GC §
54957.5)
The Mayor will invite comments from the public in support of, or in opposition to, specific
agenda items following the staff report. Oral communications on matters that are not on the
agenda may be provided during the Public Comment period at the beginning of every
regular meeting.
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The following are guidelines for providing oral public comments:
1.3.7.1 Immediately prior to scheduled public hearings,members of the public
may address the City Council on items that are not on the printed agenda,
or items on the Consent Agenda. A time limit of three minutes is
provided. A speaker slip must be filed with the City Clerk prior to the
beginning of the meeting.
1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed
on the agenda. Staff may be asked to follow-up on such items.
1.3.7.3 Individuals desiring to speak shall:
1.3.7.3.1 Submit speaker slips to the City Clerk.
1.3.7.3.2 Address the Council from the podium after giving name and
city of residence. Speakers shall direct their comments to
the Council, not the audience.
1.3.7.3.3 Comment on the specific matter before the Council with
reasons for the position taken.
1.3.7.3.4 Limit comments to three(3)minutes until others have had
opportunity to address the Council. The Presiding Officer,
after all others have spoken, may allow additional brief
comment from speakers who have already commented on
the same agenda item.
1.3.7.3.5 Shall register as Municipal Advocates, if they are testifying
as paid representatives,as defined in the Municipal Code
(2.64.020)and shall preface their comments by identifying
themselves as municipal advocates(2.64.050&2.64.070).
1.3.7.4 Applicants or applicant representatives or appellants desiring to speak
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 comment
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
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and address,and/or the name and address of the
applicant/appellant they are representing. If the
applicant/appellant's representative is a paid municipal
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 the
public shall be permitted to address the Council or the staff from the
audience,except at the discretion of the Presiding Officer.
1.3.8 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to expedite the
meeting. Therefore,only items that are routine,relate to implementation of approved budget
items or to City operations, are second readings of ordinances, or are items to be later set for
public hearing are to be placed on the Consent Agenda. Items of significant neighborhood
or community public interest should be heard as a Public Hearing or Business item,and not
placed on the Consent Agenda.
1.3.8.1 Minor Questions. A Council Member may ask questions on any item
without it being pulled from the Consent Agenda When a Council
Member has a minor question for clarification concerning a consent item
that 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).
1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to
register a dissenting vote, a request should be made that the item be pulled
for separate vote without discussion. Such items will also be handled at
the beginning of the meeting along with the rest of the Consent Agenda
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 COMMUNICATIONS
1.3.9.1 The purpose of this time is to allow staff and Council to provide an update
or share information regarding a particular matter. Examples of
appropriate communications would be information of general interest
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received from outside agencies,and comments or inquiries received from
individuals or from the public, or requests to agendize future items.
1.3.9.2 If possible,written material connected with a particular communication
item should be provided to the City Manager sufficiently in advance of
the meeting to be distributed with the regular agenda materials.
1.3.9.3 State law provides that Council can take action only on such matters that
have been noticed at least three days in advance of the meeting,unless
special circumstances are found to exist. Formal action or approval on
non-agendized items is not allowed, and such an item should be placed on
the agenda of the next regular meeting.
1.3.9.4 The communications period should not exceed 15 minutes and speaking
to a particular item should be limited to five minutes.
1.3.10 CLOSED SESSIONS(closed to the public)
1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act.
1.3.10.2 No member of the Council,employee of the City,or anyone else present
shall disclose to any person the content or substance of any discussion
which takes place in a closed session unless authorized by a four-fifths
vote of the Council,or as otherwise required by law.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the
awareness and education of the general public regarding the actions and deliberations of the City
Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel;whether presented to
the public live or taped, Council coverage is not to be edited or subjected to
editorial comment.
1.4.2 All regular City Council meetings shall be cablecast, except for meetings or
portions of meetings which are closed to the public, or when the Council directs
otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City and
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 officially
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recognized speaker, and on any visually displayed information they may be
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.
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CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after the
Council Compensation Committee conducts a biennial review and makes a recommendation. See
Section 6 of this Chapter.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Effective January 1, 2007, compensation for services rendered in an official capacity shall be
provided as follows: Members of the City Council shall receive $1,000 per month; and the
Mayor shall receive a monthly salary of$1,200. (Res. 9794, 2006 series).
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 department
heads monthly towards the Mayor and Council Members participation in PEMCHA,dental,vision
and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council
Members in cash.
23 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
23.1 PROFESSIONAL DEVELOPMENT
For costs of professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs. Said allowance shall be used for
out-of-county expenses only and shall be reimbursed in accordance with accepted City
Travel Guidelines:
Annual Allowance:
Council Member $1500
Mayor $1800
23.2 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
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legislative operations during the first 12 months following the taking of office.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows:
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be used
for in-county expenses and shall include all meals,tickets,periodicals,dues, subscriptions,
and similar miscellaneous expenses.
Quarterly Expense Allowance:
Council Member $300
Mayor $450
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo,reimbursement shall be made
upon submittal of an official mileage expense form:
Quarterly Mileage Allowance:
Council Member $300
Mayor $450
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that
expenditures and reimbursements are in compliance with approved budget allocations. The Mayor
and each Council Member is expected to plan business activities so as to stay within his/her budget.
When exceptional circumstances require that additional amounts be allocated to accounts, formal
Council action shall be required.
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditures
charged to the individual Council Member or Mayor. If any account is depleted prior to the
end of the fiscal year, additional allocations shall require a specific action of the City
Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted
monthly but the aggregate of three monthly claims may not exceed the quarterly maximum.
Receipts shall be submitted within the fiscal year. The Council budget shall be available
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for review in the City Clerk's Office and the Mayor and Council Members shall receive
periodic statements.
25.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local
professional development and conferences. These guidelines include all non-local official
meals,tuition or fees, transportation to meeting sites, materials and telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City Council
to represent the City at special meetings,reimbursement shall be made from an unallocated
Travel Expense Account.
2.5.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his/her
participation in a meeting or conference,the amount of the honorarium shall be deducted
from the amount normally provided by the City for that meeting or conference if the City
paid for the Council Member's attendance at such meeting or conference.
25.5 OTHER GUIDELINES
Any other travel-related issue not specifically governed in these Policies and Procedures
shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel
Guidelines.
2.6 COUNCIL COMPENSATION COMMITTEE
A five-member review committee shall be appointed no later than the last City Council meeting in
January in even-numbered years and shall bring its proposed recommendations in resolution form
to the City Council no later than the first City Council meeting in May.
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible,including but
not limited to,one previously elected official, one Personnel Board member,and one
citizen-at-large.
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including salary,
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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;4)Council and Mayor responsibilities in San Luis
Obispo at the time of the committee's review; and, 5)any structural changes that may have
occurred in municipal government either as a result of State legislation or by actions of the
local electorate that may have added to or deducted from the duties and responsibilities of
the Council Members and/or Mayor.
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CHAPTER 3
COUNCIL POWERS& APPOINTMENTS
3.1 MAYOR- POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other
duties consistent with the office as may be imposed by the Council or by vote of the
people. The Mayor shall be entitled to,and must vote when present, but shall
possess no veto power. As presiding officer of the Council,the Mayor will
faithfully communicate the will of the Council majority to the City Manager in
matters of policy. (Charter §407)
3.1.2 The Mayor shall present an annual work program to the Council,for its
consideration at the first meeting in May. The Mayor shall have the responsibility
for forwarding the work program approved by the Council. The Mayor should
submit the annual work program at the beginning of the budget process to allow.
incorporation into the Council goal-setting process. (Charter§407)
The Mayor shall be recognized as the official head of the City for all ceremonial
purposes, and by the Governor for military purposes. In time of public danger or
calamity,the Mayor shall take command of the public forces,maintain order, and
enforce laws. (Charter§407)
3.1.3 The Mayor may order flags flown on City property to be lowered to half-staff in
mourning for any member of the community designated to have made significant
contributions to the City of San Luis Obispo, in accordance with recognized
customs 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 may
be prescribed by law or ordinance or by resolution of the Council,except as limited
by this Charter. (Charter§407)
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term and is made on a rotational basis,
the appointment going to the next senior member. The Vice Mayor shall be appointed at the first
meeting in December.
33 FILLING COUNCIL VACANCIES
33.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406,the Council shall by a majority vote of the remaining Council
Members, appoint a replacement member to the Council within 30 days of the occurrence of
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the vacancy. If the Council fails to fill the vacancy within thirty(30)days of its occurrence,
it shall call a special municipal election to fill the vacancy,to be held not sooner than ninety
(90)days or not later than one hundred and fifty(150)days following the occurrence of the
vacancy.
3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all phases of the
Council process to appoint a replacement member to a vacancy shall be conducted in
public.
33.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member for a
vacancy,the City shall advertise in a local newspaper of general circulation describing the
vacancy and term thereof,requesting applications from those persons interested in being
appointed.
33.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are(1)
residency in the City for at least 30 days prior to appointment,and(2)elector status at the
time of appointment(Charter§403),each applicant shall be encouraged to submit a written
statement of 200 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 the
preceding 23-month period.
3.3.4.4 Personal qualifications for the position.
3.3.4.5 Prior experience in government, or areas associated with or doing
business with government.
3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be
held by the Council to consider the selection of an applicant to fill the
vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the
public at least four days before the opening of the meeting.
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3.3.5.3 Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
3.3.5.4 At the meeting, each applicant wishing to serve should be present to
verify that 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 for
questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion,the Mayor shall open the floor to
nominations by the remaining Council Members. All nominations,
seconding,and voting,shall be done audibly in public.
3.3.5.7 if Council is unable to reach consensus on the appointment and further
consideration is required,Council may adjourn the initial meeting to a
subsequent meeting within 30 days of the occurrence of the vacancy to
attempt to reach a decision.
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions and restrictions contained in the 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 that are not specifically forbidden by the Constitution and
laws of the State of California, or which now or hereafter would be competent for the Charter to
specifically enumerate.
No enumeration or specific statement herein of any particular powers shall be held to be exclusive
of,or a limitation of,the foregoing general grant of powers. (Charter Section 501)
3.5 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the Council. The Council shall have the power and
authority to compel the attendance of witnesses,to examine them under oath and compel the
production of evidence before it. Subpoenas may be issued in the name of the City and be attested
by the City Clerk. Disobedience of such subpoena or the refusal to testify(upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as provided by the
general laws of the State. (Charter§ 507)
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3.6 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of any City
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 or
Subcommittees of the Council itself,or of agencies representing other levels of government.
(Charter§ 508)
3.7 METHOD OF ACTION BY COUNCIL
All action by the Council shall betaken only by means of ordinance,resolution,or oral motion duly
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.
Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council.
(Charter§ 601)
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and relevant
state law. Ordinances not legally required to have a public hearing shall be set for a public hearing
if the subject matter is controversial or of a special nature. Any Council Member,prior to the time
required for notice and publication, may request the City Manager to set a public hearing on an
ordinance.
No ordinance,resolution or other motion shall be passed or become effective without receiving the
affirmative vote of at least three members of the Council. (Charter§506)
3.9 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and
consent to the recording of any deed or grant conveying any interest in or easement upon real
property to the City of San Luis Obispo.
3.10 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local government, promote
City goals, and defend the City against legislative actions by state and federal governments that
would weaken local government or take away traditional revenue sources. In order to respond
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promptly and proactively to fast-paced legislative changes,the City Council has authorized City
staff to take positions on legislation provided the positions are consistent with the Legislative
Action Priorities established annually by the City Council, and/or resolutions or
recommendations of the League of California Cities. .
3.11 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide
significance to cities. Because of the often short time limits for filing amicus curiae briefs,the
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 ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M. Brown Act,
State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and
actions of local public agencies are conducted in open and public meetings. The law provides for
misdemeanor penalties for members of a body who violate the Act(GC§ 54959). In addition,
violations are subject to civil action(GC § 54960). A current copy of the Act will be provided to
all Council Members assuming office,but the provisions that most directly affect the Council are
summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council,City staff and all bodies that advise Council. (GC§ 54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum(three or more members)is
present and information about the business of the body is received;
discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any member of Council or City staff
contact more than two Council Members for the purpose of deliberating
or acting upon an item pending before the City Council (does not apply to
the public or media).
4.2.2.3 Correspondence that merely takes a position on an issue is acceptable.
(GC§ 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must
meet various requirements. (GC§ 54954.2)
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda. Exceptions:
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4.2.4.l An emergency situation exists(determined by a majority of the Council).
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 posted
within five days of the original agenda. (GC § 54954.2)
4.25 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the public
that is within the jurisdiction of the Council. The City has the right to establish time limits
on speakers and the total time allocated for a particular issue. (GC §54954.3)
4.2.6 PUBLIC DISRUPTIONS
The Presiding Officer may call a recess if a speaker or group of speakers become unruly
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 the
meeting "unfeasible';the press may remain unless they participate in the disruption. (GC §
54957.9)
4.2.7 CORRESPONDENCE
All writings received and/or distributed for discussion or consideration at a public meeting
are public records. (GC § 54957.5)
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale,exchange or lease of real property with
the City's negotiator; the real property and the person(s)with whom the
City may negotiate must be announced in open session prior to the closed
session. (GC § 54956.8)
4.2.8.2 Litigation pending or a significant exposure to litigation,or the decision to
initiate litigation. The litigation or title must be identified in open session
prior to the closed session unless the Council states that to do so would
jeopardize its ability to conclude existing settlement negotiation or
effectuate service of process. A confidential memorandum from the City
Attorney must be submitted to Council within one week of the closed
session. (GC § 54956.9)
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4.2.8.3 Compensation(salaries and benefits)of employees. To review its
position and instruct designated representatives. (GC§ 54957.6)
4.2.8.4 Personnel. The appointment,employment,evaluation of performance,or
dismissal,of a public employee, or to hear complaint against the
employee,unless the employee requests a public hearing. (GC§ 549576)
43 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council,with strict notification
requirements delivered to the media and Council 24 hours before the time of the meeting. (GC §
54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24 hour notice and posting requirements
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 health
and/or safety qualify for emergency meetings. (GC § 54956.5.)
4.5 ELECTRONIC MAIL(EMAIL) THE PUBLIC RECORDS ACT AND THE
BROWN ACT
City email is no less a part of"official city business"than any other written correspondence, and
there is no expectation of privacy for City email messages. Good judgment and common sense
should therefore prevail at all times regarding its appropriate use. For further detail,please see the
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 requirements
of the Brown Act. While the Brown Act does not prohibit the use of email to make individual
contacts between members of the Council, or the public or staff,great care should be taken to avoid
the use of email to contact a majority of the Council, either individually or serially, "in a connected
plan to engage in collective deliberation on public business."
4.6 OTHER PROVISIONS
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 the
provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council
has the latest information. Additional information may be obtained from the City Attorney and/or
the City Clerk.
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ATTACHMENT
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence,or
otherwise guide and direct staff actions,decisions,recommendations, workloads and
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)affum that governing shall be by will of the collective
Council,and 2)establish guidelines for Council and staff to ensure orderly, consistent and
open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute Council policy
and actions taken by the Council,and to keep the Council informed.
5.2.1 REQUESTS FOR INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted complete
freedom of access to any information requested of staff, and shall receive the full
cooperation and candor of staff in being provided with any requested information.
Council Members shall make routine requests for information through the appropriate
department head. Complex or comprehensive requests for information shall be made
through the City Manager.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done through the City
Manager. Individual members of the Council shall make no attempt to pressure or
influence staff decisions,recommendations, workloads, schedules,or departmental
priorities without the prior knowledge and approval of the Council as a whole.
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to keep the
Council informed. Staff shall present the Council with all relevant information,as well as
alternatives, in an objective,succinct manner. The City Manager and staff are committed to
treating each Council Member equally.
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5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all
requests made by individual Council Members for information or assistance,provided that,
in the judgment of the City Manager the request is not of a magnitude,either in terms of
workload or policy,which would require that it more appropriately be assigned to staff
through the collective direction of the City Council. In terms of making this judgment,the
following guidelines should be considered: The request should be specific and limited in
scope so that staff can respond without altering other priorities and with only minimal delay
to other assignments; the request should only impose a"one-time" work requirement,as
opposed to an on-going work requirement;the response to the request should not require a
significant allocation of staff resources(generally defined as consisting of more than one
staff person, or a single staff person working on,the issue in excess of 1-2 hours).
53.2 DIRECTION FROM COUNCIL
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 Manager, who may inform the Council as a whole
of such attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a Council
Member designated by the City Council to represent the City in an intergovernmental role
(e.g.,membership on Joint Powers Authority),or relative to a special assignment(e.g.,a
special task force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves written
material 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 not
available to the Council or of interest to the Council.
5.35 SIGNIFICANT INFORMATION
Any information, service-related needs,or policy positions perceived as necessary by
individual Council Members, which cannot be fulfilled per the above guidelines, should be
raised by the individual Council Member under the "Communications" category of a
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regularly scheduled City Council meeting. If so directed by the collective action of the
Council,then staff will proceed to complete the work within Council established deadlines.
5.4 ACCESS TO TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY
SYSTEMS
5.4.1 TELEPHONES
The City will provide each Council Member with direct access to the City's telephone
system from their homes. Information Technology(IT)staff will coordinate installation of
a telephone line and a telephone with voice mail and fax capability for 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 POLICY
The City will provide each Council Member with a complete computer workstation and
related City-standard software for their home use while in office. These 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 City 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 City
business, not intended for personal use.
• All data(including electronic mail messages) is owned by the City and subject to
public disclosure.
• All software and hardware installations should be made by IT staff. Except for
screensavers,personal software is not allowed on City workstations; and all
application software must be owned by the City and used in compliance with all
software licensing agreements.
All City information technology policies are included in the Information Technology
Policies and Procedures Manual, which is available for Council Member review upon
request.
5.4.3 SECURITY
Each Council Member shall have a uniquely assigned user name and password for
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 ACCESS
Council Members are authorized to use the City Internet connection,which includes
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.
5.45 ELECTRONIC MAIL (EMAIL)
Council Members will have access to the City electronic mail(Email)system that will allow
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 are
public records and subject to disclosure. The City Electronic Mail Policy is applicable to
Council Members.
5.4.6 SUPPORT RESPONSIBILITIES
5.4.6.1 IT staff is responsible for installing all remote access hardware and
software, including computer workstations,printers,telephones and fax
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 application
software,technical support and service, and provide related office
supplies.
5.4.7 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology resources in
accordance with the City's normal policies,procedures, and guidelines.
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ATTACHMENT
CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES
Subcommittee liaisons to advisory bodies are selected annually by the full Council,usually
in December. The Mayor and Vice Mayor shall submit recommendations to the full
Council,rotating nominations for Council Member Subcommittees, thereby ensuring an
opportunity for each member to serve as liaison at least once on each advisory body,when
possible. When terms of office do not allow each member to serve once,members with
greatest seniority shall have first right of selection.
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 the
issues considered by the advisory body.
6.13 COMMUNICATION
The purpose of the liaison assignment is to facilitate communication between the Council
and advisory body.
6.1.4 EDUCATION
Increase the Council's familiarity with the membership,programs,and issues of the advisory
body.
6.1.5 APPOINTMENT RECOMMENDATION
Interview applicants and make recommendations for appointments to the full Council.
6.1.6 ATTENDANCE
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 the
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 view of the Council as a whole, rather than their own personal opinions.
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6.2 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or regional
committees and boards. One member of the Council shall serve as a voting representative
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 own
personal opinions.
63 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address areas of
concern and/or study.
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.4.1 INTENT
To honor advisory body deliberations,views and positions on issues before Council;
enhance communications between Council and their advisory bodies; and allow
participation and input by advisory body members.
6.4.2 COUNCIL AGENDA REPORTS
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 separate
paragraph following the City Manager recommendation. The Discussion
section contains information relating to the advisory body
recommendation.
6.4.2.2 The minutes of the advisory body item are included as an attachment to
the Agenda Report.
6.43 COUNCIL MEETINGS
6.4.3.1 On appeals or items brought by or through the advisory body,the Chair
(or Vice Chair,when the Chair is not available)may be seated next to the
department head. The department head makes the introduction; then the
Chair of the advisory body makes a brief presentation, representing the
position of the advisory body.
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6.4.3.2 Other members of the advisory body are free to appear and give testimony
before Council using the public microphone,after identifying whether
they are speaking as a representative of the advisory body or as a private
citizen.
6.4.4 RECOMMENDATIONS
Recommendations or Reports to Council must be in written form.
6.5 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 City
Manager and Council. The members are responsible for the functions of the advisory body and the
chairperson is responsible for committee compliance with the policies outlined in the Advisory
Body Handbook.
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. Members of advisory bodies are
volunteers and should be treated with respect and courtesy. Advisory body members should have
sufficient information to reach decisions based upon a clear explanation of the issues. The assigned
staff person or designee serves as Secretary,taking minutes as needed.
It is important that advisory bodies wishing to communicate recommendations to the City Council
do so through adopted or approved Council agenda procedures. Staff members shall assist the
advising body Chair to insure appropriate legal review or City and State legislation is in
compliance.
6.6 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment of
volunteer citizens to the various advisory bodies of the City.
6.6.1 PURPOSE
The establishment of these procedures shall insure that well-qualified,responsible and
willing citizens are given the opportunity to serve the City and participate in the governing
of their community. These procedures will apply to all appointments and reappointments to
standing advisory bodies.
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6.7 PROCESS
6.7.1 QUALIFICATIONS
6.7.1.1 With the following exceptions, only residents who are registered voters
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 the
Promotional Coordinating Committee, the Cal Poly employee and
student representatives serving on the MTC, and members of the
Housing Authority. In addition,part-or full-time City officials and
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 or
the compensation of which is increased by the Council,while a member
thereof,until one year after the expiration of the term for which elected.
(Charter§409)
6.7.2 TERMS
6.7.2.1 The term of office for each appointee to an advisory body shall be from
one year to a maximum of four years. The length of a term is dictated by
the principle that no more than two terms on any committee shall expire
each year.
6.7.2.2 No appointee shall serve on the same advisory body for more than two
consecutive, full terms (eight years),but may subsequently serve on
another advisory body unless noted otherwise. Exceptions include the
Housing Authority, Jack House Committee and Construction Board of
Appeals,which do not have term limits.
6.7.2.3 After a one-year interval,persons may reapply to serve on the same
advisory body.
6.7.2.4 Mid-term appointment to a vacant seat shall not preclude the appointee
from serving two additional consecutive full terms, provided that the
initial,partial term served is less than one year.
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6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be
appointed to serve on more than one advisory body,except that a member
may also serve on one technical or special-purpose committee at the
same time he or she is serving on a non-technical or non-special-purpose
committee. Except as noted, a member will be expected to resign from
one body upon being appointed to another.
6.7.3 PROCESS
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 of
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 for
reappointment unless the member has then served a total of eight(8)years
on that advisory body.
6.7.3.4. The City Clerk shall post/publish advertisements and take other
recruitment steps in accordance with statutory requirements and as
appropriate, inviting citizens to apply for vacant positions and provide
instructions regarding the application process.
6.7.3.5 Applicants will be encouraged to read the Advisory Body Handbook and
attend at least one meeting prior to the interview with the Council Liaison
Subcommittee.
6.7.3.6 The subcommittee shall interview qualified applicants, inviting the
advisory body Chair to attend(if the Chair is being considered for
reappointment,the Council Liaison Subcommittee shall designate another
representative).
6.7.3.7 The Council Liaison Subcommittee shall submit recommendations for
appointment to the entire Council. If a unanimous decision for
recommendation to the full Council cannot be reached, the Council shall
take a separate motion for each candidate proposed by each member of
the Council Liaison Subcommittee.
1 Technical and special purpose committees are formed to address defined subjects and frequently require members
with specific areas of expertise.
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J ATTACHMENT
6.7.3.8 Applicants not appointed will be so advised and their applications held for
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 City
Clerk's office will contact qualified applicants to determine whether they
want to be reconsidered for the vacancy. However,advertisement of the
vacancy must be made in accordance with statutory requirements and all
applicants will be considered for the vacancy.
Council Policies&Procedures Manual 2008 Page 36
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hard'a. ' email:
a COUNCIL a CDDDIR
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From: Marx, Jan a " Ia a PW
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Sent: Wednesday, October 12, 20118:53 AM a M o PAW&RRCDIR
a 1RIEUNRa UMVIR
To: Cano, Elaina a NNITIM88 aMRDIR
Cc: Lichtig, Katie; Codron, Michael; Dietrick, Christine a AfACrt4N6wa o COUNCIL
a CITY MOR
Subject: RE: Item C7 on 1/4 a CLERK
Hi all,
It might be a good idea to redfile this memo for our 10-25 meeting,just to refresh our collective
memory.
Best,
Jan RED FILE
Jan Howell Marx MEETING AGENDA
Mayor of San Luis Obispo DATEWZA ITEM #J3-6-0
(805) 781-7120 or(805) 541-2716
From: Cano, Elaina
Sent: Monday, January 03, 2011 11:47 AM
Cc: Lichtig, Katie; Codron, Michael; Dietrick, Christine
Subject: RE: Item C7 on 1/4
Council —
Here is a brief history of the increase(s) to Council's pay:
1998 —The Council Compensation Committee recommended increasing the Council's
pay from $800 to $l000 per month and the Mayor's pay from $1000 to $1200 per
month. This recommendation was not adopted.
2000 — The City Council approved the increase for Council Members from $800 to
$9oo and an increase to the Mayor's pay from $1000 to $11oo.
2002 — Council approved waiving the Council Compensation process.
2004 — Council approved no increase to pay.
2oo6 — Council approved (3-2 Mulholland/Brown opposed) an increase to Council
Members pay from $9oo to $1000 and an increase to the Mayor's pay from $11oo to
1200 effective January 1st 2007.
_ 2008 — In June, Council approved a 6% increase and then rescinded this action in
September 20o8.
2009 — Council approved deferring the 2010 Council Compensation process.
Please let me know if you have any further questions.
Regards,
Elaina
Bcc: Council All
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This article is a service of the Institute for Local Government(ILG),whose mission is to promote good
government at the local level. Learn more about ILG's Public Engagement and Collaborative Governance
Program at www.ca-ilg.org/engagement.
Running local govemment successfully is hard work City officials know that it requires serious commitment,
time and knowledge on the part of local officials and staff as well as community members. Local policy-
making is also a collaborative activity.The current economic and political challenges facing Califomia exert
tremendous pressure on mayors and council members to work together collaboratively and effectively.
Issues that affect the future well-being of their cities-also spur local officials to have conversations and
collaborate with members of the public about the kind of community they envision for themselves and their
children.
The need for collaboration—between individual council members, among councils as a whole and between
local officials and the community—prompted the League to ask the Institute for Local Government(ILG)to
conduct an Advanced Leadership Workshop on this topic during the League's Legislative Action Days in
May 2011.
Nearly 40 mayors and council members participated in this interactive, highly rated session titled "Creating
http://www.westerncity.com/core/pagetools.php?pageid=11963&ur1=%2FWestern-City%... 10/24/2011
Western City I Strategies for Creating a More Collaborative,Effective Council-1 Page 2 of 8
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More Collaborative Councils: Strategies for Effective Communication, Meeting Management and Public
Engagement'The workshop explored key issues related to the work of elected local officials and provided
participants with the skills and strategies to more.effectively:
• Communicate and problem-solve with colleagues;
• Maintain collaborative relationships with fellow council members;
• Preside over and participate in city council meetings;
• Interact with and respond to members of the public; and
• Design effective and inclusive processes for engaging the public.
This article presents some of the workshop's highlights.
Communication and Problem-Sohdng
On any given day, we all may do a better or worse job in effectively communicating information with others in
our work, civic and family lives. The quality of communication with others can present a challenge for local
elected officials, who work largely in the public sphere and must deal with multiple audiences, limited time
and a broad range of content The issue of communicating with council colleagues is no exception.
Proponents of effective communication suggest a few simple rules to help us keep our speaking and
listening skills well honed, thus supporting our goals and relationships.
Be attentive.Whether with an individual colleague or in council chambers before a packed house, paying
attention to the speaker, the subject at hand and (as appropriate)the interpersonal dynamics involved will
make you a more effective communicator and help you to be perceived as a respectful, effective colleague
and public servant
Ask clarifying questions.This shows a desire to better understand the speaker and demonstrates both
attentiveness and an interest in learning more.Typically this is a better communication choice than a quick
emotional retort or an immediate explanation of your own views.Asking clarifying questions helps increase
the likelihood of a more productive conversation or exchange.
Let people know you are listening.Two very simple ways to do this include paraphrasing and using a
perception check. Paraphrasing is repeating the essence of the speaker's remark, thus conveying that
you've heard the substantive content of what he or she has said; for example, "So you're saying that you
believe this would kill all the fish in the stream—is that right?"A perception check involves acknowledging
the emotional content of a speaker's comment; for example, "I can hear that you're very worried about the
safety of neighborhood residents if we remove that stoplight"or"I want you to know that I hear how angry
you are about this and how important the issue is to you." Both paraphrasing and a perception check can be
important communication tools for council members. Neither suggests you are necessarily agreeing with the
speaker or expressing your own opinion on the issue at hand.
Distinctions Between Values, Interests and Positions
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Your conversations with other individual council members or residents often concern topics that they(and
perhaps you)feel very strongly about. It may seem there is no way to even begin to have a useful discussion
about such topics. However, understanding the distinction between a value, an interest and a position can
be helpful when tackling this type of situation. Consider these examples:
• "Children are our community's most important resource."This is a value,
. "I want a park and open space where our children can play."This is an interest;and
. 01 want a park and skateboarding area at the comer of Palm and Main with the city contributing all the
funds."This is a position.
Listen for and ask about values and interests that underlie speakers'expressed positions. People can more
readily understand each other's values and interests than they can accept different positions. Typically there
are more ways to satisfy interests than to bridge conflicting positions. A conversation about values or
interests can often reduce or clarify differences.
The following basic principles of collaborative problem-solving (or"principled negotiation"), developed by
Roger Fisher and William Ury and presented in their book Getting to Yes, also offer helpful guidelines for
working through a knotty issue with a colleague or guiding group discussions.
Separate the people from the problem. Its not unusual for emotions to cloud problem-solving when people
feel strongly about an issue. However, it is far more effective to attack the problem together, not each other.
Its also a much better way to preserve an important working relationship.
Focus on interests,not positions.Taking a hard negotiating position can obscure what is really wanted. A
conversation about interests, which tend to be broader than positions, creates more opportunities for coming
up with an idea that appeals to all participants. Discussing interests rather than focusing on positions means
that there's a lot more to talk about and improves the chances of success.
Invent options for mutual gain. In the typical back and forth of"making your case"there is often little
opportunity to jointly think about and creatively invent new ideas that may be in the interests of both (or all)
negotiators. However,this type of creative thinking probably won't occur unless its given a time and a place
to happen,and making time for this step is especially important when addressing polarized local issues.
Insist on using objective criteria.This is perhaps the hardest problem-solving guideline to follow—but
perhaps the most important—in what is often a challenging political environment. Working to creatively
solve a problem or reach an accord can be advanced if the participants can agree on some sort of common
standard or a result that they think makes sense.
Civility and Council Member Behavior
Much media attention has focused lately on the question of civility in public discourse, and many city councils
are grappling with the challenge of how to ensure civility among council members in their own deliberations.
Highlighting the current interest in this topic, the New Jersey State League of Municipalities recently
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published an article titled"The Need for Civility in Local Government
Dialogue" (www.njslom.org/need for civility.html).The article presents author John C. Gillespie's 10
commandments of public civility,which include these admonishments:
• Thou shalt not allow legitimate critique of policy and practice to become a personal attack aimed at
the person who devised the policy or implements the practice;
• Thou shalt not rudely interrupt a colleague midsentence nor"speak over"a colleague while he or she
is speaking;
• Thou shalt not pretend something is much more important than it really is simply to score points with
an audience; and
• Thou shalt always recognize that your colleagues were also elected,just as you were, and deserve
the same level of respect for having run and won.
Gillespie's 10 commandments serve as useful guidelines for councils striving to improve the tone of
discussions. Another helpful resource, the Institute for Local Government's Promoting Civility at Public
Meetings: Concepts and Practices(www.ca-ilg.org/civility), examines civility in conceptual and ethical terms
and offers practical strategies for achieving greater civility in public discourse.
A growing number of cities are creating handbooks that help council members(and the public)better
understand city government and council members' roles and responsibilities. In addition, cities are adopting
ground rules for council meetings that extend beyond procedural rules and address expectations and
guidelines for council member conduct One example of such rules comes from the City of Davis:
Council members should actively pay attention while others are talking. Council members
should be aware that side conversations, note writing and nonverbal expressions made by
council members can be distracting to the meeting. Be aware that other council members, staff
and the public in attendance can hear and see these actions.
The City of Hayward's Council Member Handbook includes the following:
Council members shall accord the utmost courtesy to each other,to city employees and to the
public appearing before the council and shall refrain at all times from rude and derogatory
remarks, reflections as to integrity, abusive comments and statements as to motives and
personalities.
Other sections of Hayward's handbook address sanctions for violating the various rules of procedure.
Beyond Robert's Rules of Order
Whether you serve on a board, council, commission or other governing body, it is helpful to understand how
to conduct public meetings. To simplify the rules of parliamentary procedure for those who participate in
public meetings, Judge David Rosenberg created a video titled "Rosenberg's Rules of Order. Simple
Parliamentary Procedures for the 21 st Century.° Prior to becoming a Yolo County Superior Court judge,
Rosenberg served as mayor and council member for the City of Davis and as a Yolo County supervisor.
(The video is based on a two-part article written by Rosenberg and originally published in Western City
magazine in 2003. A newly revised pocket guide of Rosenberg's Rules will be available later this year.)
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As part of the Institute for Local Government's service to local officials,the video and accompanying
downloadable documents are available at www.ca4ig.org/rosenbergrules. Test your knowledge of
parliamentary procedure rules of order by taking the quiz(below).
Effective Public Engagement
The ability to effectively involve the public in decision-making is an essential skill for local officials. Many
local agencies are facing serious challenges on issues ranging from budgeting and fiscal policy to climate
change and public safety. Public engagement comprises a broad range of methods to inform members of the
public about decisions that affect them and to invite their participation in the process. Such methods include
but are not limited to public information and outreach efforts, public consultation and public deliberation (for
more information, visitwww.ca-i1g.org/PEbasics).
Successful public engagement can help local agencies manage challenges by contributing to the following
outcomes:
• Better identification of the public's values, ideas and recommendations.Well-executed public
engagement can provide more nuanced views about an issue from a broader spectrum of residents
than a simple"fires"or"no"election.
• Residents who are more fully informed about issues and local agencies. Public engagement
presents opportunities for residents to better understand the issues and challenges impacting their
community, grapple with practical problems and real trade-offs, and see local agency challenges as
their own.
• Improved local agency decision-making and actions with better results. Members of the public
provide rich sources of information regarding their community history and needs. This information can
inform local agency decision-making and potentially produce superior results.
• Enhanced community buy-in and support. Involving members of the community in a meaningful
way can build a sense of ownership and greater support for the local agency decision. It can also
reduce contentiousness.
• Faster project implementation with less need to revisit issues again.Mutually agreed-upon
decisions are less likely to continually reappear as issues of concern both for local agencies and
community members.
• More trust—in each other and in local government. Open dialogue, shared interests and mutual
problem-solving can bring disparate groups of people together, potentially resulting in increased trust
in the others'ability to solve problems and make good decisions.
• Increased community participation and leadership development Positive experiences with public
engagement can lead to better informed residents who are more likely to participate in other
community activities and have the confidence and skills to become future local government leaders.
•
Additional Resources
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For additional resources, visit:
www.ca-ilg.org/engagement
www.ca-ilg.org/civility
www.westemcity.comNVestem-City/December-
20101rransparency-In-Local-
GovemmentProtecting-Your-Commun ity-
Against-Corruption/
www.westemcity.comNVestem-City/October-
2009/Meeting-Great-Expectations-Dealing-With-
Emotional-Audiences/
Rosenberg's Parliamentary Procedure Quiz
Circle the correct response for each item. Answers appear at the end of this page.
1. You are a city council member.At a council meeting, you can't hear the
discussion due to noise made by the heating system.You should raise your
hand and,when recognized, say, °Point of order—I can't hear what's being
discussed."
True False
2. A vote on hotly contested Agenda Item 5 has passed by a vote of 3 to 2.You
were one of the two council members who voted against the item. Later in the
meeting you ask for reconsideration of Agenda Item 5, because you have
thought of something you believe will convince one of the majority votes to
change his or her mind. The mayor rules you "Out of order'and refuses to
allow a vote on reconsideration.The mayor's ruling is:
Correct Incorrect
3. It's 11:00 p.m. by the time the city council reaches Agenda Item 25. The
mayor asks for a show of hands to indicate how many members of the public
wish to speak on the item, and 32 people raise their hands.The mayor
announces that she will limit each speaker to two minutes each. Can the
mayor property do so?
Yes No
4. Joe makes a motion to hold a council retreat in May, and Mary seconds the
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motion. Sally then moves an amendment to have the retreat in June, and Fred
seconds the motion. Esteban then moves a substitute motion to have no
retreat this year, and Fred seconds the motion. The mayor announces that
discussion will begin on the motion to amend. Is this the correct ruling?
Yes No
5. On a highly controversial agenda item in a meeting attended by many
members of the public, the audience becomes engaged in the discussion and
members of the audience applaud in support or hiss in opposition following
the remarks of the first speaker who addresses the city council. The mayor
states that no vocal expressions of support or opposition will be tolerated at
the meeting and asks the public not to applaud or hiss after speakers
conclude their remarks. May the mayor do so?
Yes No
6. A member of the city council continually interrupts other council members
while they are speaking on agenda items. The mayor refuses to stop the
offending council member from interrupting.As a member of the city council,
you have the right to make a motion to challenge the mayor's ruling and have
your motion voted on by the council.
True False
7. After a very long discussion and debate on a motion you made to approve a
street repair schedule,which was duty seconded, you want to move ahead
with voting on the item, so you say, "I call for the question."The mayor
responds, "OK, let's proceed with the vote on the pending motion to approve
the proposed street repair schedule."Did the mayor handle your call for the
question property?
Yes No
8. If the maker of a pending motion accepts a proposed change and incorporates
the change into her motion, and the person who seconded the motion also
accepts the change,this is called a"friendly amendment."
True False
9. Sam moves and receives a second on a motion to create a seven-member
Police Oversight Commission. Mariko moves and receives a second on a
motion to make the commission 15 members. Helen moves and receives a
second on a motion to create an ombudsman position in lieu of the
commission. The mayor schedules discussion and a vote on the third motion
(Helen's),which passes. The mayor should then schedule discussion and a
vote on the second motion (Mariko's motion).
True False
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U
10. In the middle of a meeting the mayor recognizes Maria, a council member,
who moves to adjourn the meeting. Frank seconds her motion.The mayor
calls for discussion prior to the vote. Maria raises a point of order and says
that the motion should be voted on immediately. Who is correct?
The mayor Maria
Answers to Quiz
1-False. 2-Correct. 3-Yes.4-
No.
No. 5-Yes. 6-True. 7-Yes. 8-
True. 9-False. 10-Maria.
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