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R 4848 RESOLUTION NO. 4848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE CITY COUNCIL HANDBOOK WHEREAS, in 1997, the City Council adopted by Resolution a Policy/Procedure for Conducting City Council Business, which has been reviewed from time to time and amended as appropriate; and WHEREAS, since that time, the City Council has adopted various Resolutions creating additional policies and guidelines, all of which are compiled into the City Council Operations Manual; and WHEREAS, at its meeting on October 24, 2017, the Council directed staff to develop a comprehensive City Council Handbook and appointed a Council Subcommittee consisting of Mayor Pro Tem Ray and Council Member Barneich to work with staff in the development of the Handbook; and WHEREAS, the City of Arroyo Grande City Council Handbook provides a summary of relevant statutory requirements, regulations, policies and procedures governing responsibilities of the City Council that will serve as a reference document for the City Council, serve as an introduction for future Council Members unfamiliar with the operations of the City of Arroyo Grande; and enable the City Council to effectively compile, maintain, and implement operational practices that are agreed upon. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby resolve as follows: 1. The City Council Handbook is hereby approved as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 2. The City Council Handbook may be amended administratively by the City Clerk's Office in order to remain current with Federal, State, and local law. 3. The City Manager is hereby authorized and directed to place copies of the City Council Handbook in suitable places for the guidance of the public. 4. Adoption of the City Council Handbook hereby supersedes the City Council Operations Manual. 5. This Resolution shall take effect immediately upon its adoption. RESOLUTION NO. 4848 PAGE 2 On motion of Council Member Ray, seconded by Mayor Hill, and on the following roll call vote, to wit: AYES: Council Members Ray, Barneich, Harmon, and Mayor Hill NOES: Council Member Brown ABSENT: None The foregoing Resolution was passed and adopted this 10th day of April, 2018. RESOLUTION NO. KO PAGE 3 JIM HIL , MAYOR ATTEST: 11(1264tAl KELLY Tis•RE, CITY CLERK APPROVED AS TO CONTENT: - JAMES A ' MAN, CITY MANAGER APPROVED AS TO FORM: H I THER K. WHITHAM, CITY ATTORNEY EXHIBIT A . _ . CITY OF yo GRANoi0 Pb'llv.IIIIIIIIIMI 1111164, '4 1"411L-41 147 WI" lit,'1CALLFORNIA Ci '" C-1•-• CITY OF ARROYO GRANDE CITY COUNCIL HANDBOOK Adopted by the City Council: 2018, Resolution No. THIS PAGE LEFT INTENTIONALLY BLANK TABLE OF CONTENTS 1. INTRODUCTION 5 1.1 General Law City .••• 5 1.2 City Organization Chart 6 1.3 Arroyo Grande Municipal Code (AGMC) 6 1.4 City of Arroyo Grande Administrative Policy Manual 6 2. COUNCIL ORGANIZATION & DUTIES 7 2.1 Newly-Elected Members 7 2.2 Appointment of Mayor Pro Tem 7 2.3 Meeting Duties of Mayor and Mayor Pro Tem 7 2.4 Seating Order 7 2.5 Signing of City Documents 7 2.6 Representation at Ceremonial Functions 8 2.7 Issuance of Proclamations, Commendations, Special Recognition 8 2.8 Annual Events 8 3. COUNCIL ADMINISTRATION 8 3.1 Salaries and Benefits 8 3.2 Travel and Expense Reimbursements 9 3.3 Appointment of City Manager and City Attorney 9 3.4 City Council/City Manager Mutual Expectations 9 3.5 Ethics Policy 11 3.6 Sexual Harassment Prevention Training and Education 11 3.7 The Brown Act 11 3.8 Political Reform Act 11 4. CONDUCTING CITY COUNCIL BUSINESS 13 4.1 Meetings 14 4.2 Attendance / Quorum 14 4.3 Best Practices of Civility and Civil Discourse 14 4.4 Agendas 15 4.5 Agenda Order 16 4.6 Meeting Procedures 16 4.7 Addressing the City Council 17 4.8 Council Member Requests and Questions 17 4.9 Disturbance of City Council Meetings 18 4.10 Council Action Items 18 4.11 Process for City Council Appeal of Planning Commission Decisions 19 4.12 Televised and Webstreamed Meeting Coverage 20 5. COMMISSIONS/COMMITTEES/BOARDS 20 5.1 City Commissions, Committees and Boards 20 5.2 Appointment 21 5.3 Removal 22 5.4 City of Arroyo Grande Commissioners Handbook 22 5.5 Appointment of Council Members to Various Local and Regional Boards, Commissions and Committees 22 5.6 Criteria and Process for Council Representatives Seeking Council Direction or Input on Items Being Considered by Regional or Local Boards and Committees 23 5.7 Appointment of Primary Voting Delegate and Alternate to National League of Cities and/or League of California Cities Annual Conferences 24 6. COMMUNICATIONS 24 6.1 General Communication 24 6.2 Processing and Delivering of City Council Mail 24 6.3 Written Correspondence 25 6.4 Use of City Seal and City Logo 25 6.5 Speaking Engagements 26 6.6 Media Relations 26 6.7 City Council Protocol regarding Communications with Project Applicants 26 6.8 Access to Communications/Technology Systems 27 6.9 Electronic Communications Prohibited during Meetings 27 6.10 Electronic Communications Using City-Issued and Personal Devices 27 6.11 Communications with Staff 28 6.12 Complaints Regarding Performance of Staff 29 6.13 Citizen Inquiries 29 6.14 Handling of Litigation/Confidential Information 29 6.15 Legislative Communications at the Request of City Affiliated Organizations 29 APPENDIX: Reference Table of Amendments 30 EXHIBIT A: Expanded Description of City Departments 31 EXHIBIT B: Travel Policy 33 EXHIBIT C: Ethical Standards Policy 42 EXHIBIT D: Conflict of Interest Code 46 CITY COUNCIL HANDBOOK PAGE S 1. INTRODUCTION The City Council Handbook includes policies and procedures approved by the City Council regarding City Council activities. The objectives of the Manual are to: a) Serve as a reference document for the City Council; b) Provide comprehensive orientation information for new City Council Members; and c) Enable the City Council to effectively compile and maintain operational practices that are agreed upon. The guidelines and protocols set forth herein are not intended to limit the inherent power and general legal authority of the City Council. Any of the protocols herein may be waived by a majority vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances. The policies shall be amended by a majority vote of the City Council and may be amended administratively by the City Clerk's Office in order to remain current with federal, state, and local law. 1.1 General Law City Arroyo Grande was incorporated as a city on July 10, 1911. Arroyo Grande is a general law city and the City Council is the governing body. The City Council is vested with all the regulatory and corporate powers of a municipal corporation provided for by state law governing general law cities. Certain state laws and other established regulations exist, which govern various responsibilities of the City Council. This manual is not intended to duplicate, fully articulate all requirements, or repeal any existing statutes or regulations. City Council Members are responsible for becoming familiar with these statutes and regulations. CITY COUNCIL HANDBOOK PAGE 6 1.2 City Organization Chart City Of Arroyo Grande Organization Chart CIT37FNS r CITY COUNCIL FIRE (EPA)PA) I ( CITYATTORNEY I CITY MANAGER LEGISLAlPit&INFORMATION RECREATION SERVICES POLICE SERVICES (CiCleric (Recreation/Childcare/ tyInformation Technology) Facility Reservations) ADMINISTRATIVE SERVICES COMMUNITY DEVELOPMENT PUBLIC WORKS Accounts Payable;Payroll; Planning;Engineering,Building; Streets and Landscaping,Utilities, Utility Billing;Human Resources Neighborhood Services Capital Projects,Parka,Facilities -Expanded Department Descriptions provided in Exhibit A 1.3 Arroyo Grande Municipal Code (AGMC) Since the City of Arroyo Grande is a General Law City, as opposed to a Charter City, its City Council must act within the framework of limitations and procedures established by State Law. Local laws are established by Ordinance and are compiled in the AGMC. The Municipal Code sets forth the regulatory, penal and administrative laws of general application to the City. These laws are enforceable by the City, and violations thereof can constitute a misdemeanor or an infraction. Other directives and policies of the City Council are recorded in Council Ordinances, Resolutions or by minute action of the Council. 1.4 City of Arroyo Grande Administrative Policy Manual The Administrative Policy Manual consolidates all administrative policies and ,procedures of a general or inter-departmental nature into one City document. Administrative regulations meet the following criteria: 1) are directed toward an ongoing City process or procedure; 2) are limited to one major subject area; and 3) are applicable to more than one City department. Administrative regulations are issued from the City Manager's Office. Certain administrative policies that pertain to City Council Members are included as Exhibits to this Manual and/or will be provided to members at the time of assuming office. CITY COUNCIL HANDBOOK PAGE 7 2. COUNCIL ORGANIZATION & DUTIES 2.1 Newly-Elected Members Newly-elected Council Members are sworn into office generally at a special meeting in December following a regular municipal election. Immediately upon election (even before being sworn into office), newly-elected Council Members are subject to the provisions of the Brown Act. A reception is traditionally held immediately following the reorganization meeting. 2.2 Appointment of Mayor Pro Tem The City Council appoints a Council Member as Mayor Pro Tern to serve the duties of Mayor in his/her absence. The Mayor Pro Tern shall serve a term of one year. The appointment of the Mayor Pro Tern takes place at the first meeting in December of each year. It is the City Council's policy to rotate appointment of the Mayor Pro Tern based upon the seniority of City Council Members that have not yet served in the position of Mayor Pro Tern. City Council Members become eligible to serve as Mayor Pro Tern after serving on the City Council for a period of one year. If two Members of the City Council have the same seniority, the order of rotation will be based upon time served on a City Council appointed Commission and/or Committee prior to being elected to the City Council. 2.3 Meeting Duties of Mayor and Mayor Pro Tern- The emThe Mayor shall preside at the meetings of the Council. If he/she is absent or unable to act, the Mayor Pro Tern shall serve until the Mayor returns or is able to act. In the absence of the Mayor and Mayor Pro Tern, the City Clerk shall call the Council to order, whereupon a temporary Chairperson shall be elected by the members of the Council present. 2.4 Seating Order Following the Council reorganization, the City Clerk shall designate the seating order for the Council dais. The Mayor Pro Tern shall sit to the Mayor's left. 2.5 Signing of City Documents The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts/agreements 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 such documents. In the event the Mayor is unavailable or has a conflict of interest, the Mayor Pro Tern's signature may be used. CITY COUNCIL HANDBOOK PAGE 8 2.6 Representation at Ceremonial Functions The Mayor shall represent the Council at ceremonial functions. The Mayor may, at his/her own discretion, ask the Mayor Pro Tern or another Council Member to represent the Council at the -function. Voluntary attendance at ceremonial functions by Council Members is encouraged. 2.7 Issuance of Proclamations, Commendations, Special Recognition PROCLAMATIONS AND COMMENDATIONS: All requests for proclamations are subject to the review and approval of the City Manager or his/her designee, or Mayor. Proclamations and commendations are signed by the Mayor, and are prepared in response to the type of recognition requested (which may include recognition of individuals, groups, and events of significance to the Arroyo Grande community). Proclamations and commendations may be presented at a City Council meeting or at an outside event or meeting. Typically, requests are honored for presentation at a Council meeting only if a local representative from the requesting party can appear to accept the proclamation or certificate. IN MEMORY OF: A meeting may be adjourned in memory of an individual at the direction of the Mayor or a member of the City Council. The announcement will be made following roll call. If the meeting is so adjourned, the individual's family will be mailed a letter by the City Clerk's Office acknowledging the adjournment. 2.8 Annual Events There are a number of Annual Events that the Mayor and Council Members may attend or participate in, including but not limited to the following: a. City of Arroyo Grande Volunteer Recognition Dinner b. Arroyo Grande-Grover Beach Chamber of Commerce Annual Installation Dinner c. League of California Cities New Mayors and Council Members Academy d. Tip-A-Cop Dinner/Fundraiser for Special Olympics e. Strawberry Festival f. Arroyo Grande Grover Beach Chamber of Commerce Mega Mixer g. League of California Cities Annual Conference h. Harvest Festival Parade i. Village Christmas Parade j. Arroyo Grande Police Department Santa Cop Program k. ,Annual Holiday and Employee Recognition Luncheon 3. COUNCIL ADMINISTRATION 3.1 Salaries and Benefits AGMC Chapter 2.04 sets forth that Council compensation is established .by City Council Resolution. Currently, the Mayor and City Council Members receive a monthly salary of $405.00. The City contributes an amount equivalent to that received by management employees towards the Mayor and Council Member's participation in medical, dental and vision insurance. Any unexpended amount shall not be distributed to the Mayor and Council CITY COUNCIL HANDBOOK PAGE 9 Members in cash. If the Mayor and Council Members elect to opt out of medical, dental and vision, that individual will not receive the opt out amount. 3.2 Travel and Expense Reimbursements The Council shall establish in the biennial budget funding for conferences, meetings, training, and representation at ceremonial functions. Council Members shall attend these functions at his/her own discretion for purposes of improving comprehension of and proficiency in municipal affairs and/or legislative operations. The expenses of spouses who accompany public officials in the conduct of their public duties cannot be reimbursed [75 Cal. Op. Att'y. Gen. -20 (1992)]. Council Members shall be subject to the City's Administrative Policy and Procedures for travel and expense reimbursement. Council Members shall make an oral report on the meeting or conference during Council Communications as appropriate (EXHIBIT B). 3.3 Appointment of City Manager and City Attorney The City Manager shall be appointed by the City Council solely on the basis of his/her executive and administrative qualifications (AGMC Section 2.08.020). The powers and duties of the City Manager are set forth in AGMC Section 2.08.070. The City Council shall conduct an annual evaluation for the City Manager in closed session. The City Attorney shall be appointed by the City Council and shall serve as legal counsel to the City government and all officers, departments; boards, commissions, and agencies thereof. The powers and duties of the City Attorney are prescribed by State law. The City Council shall conduct an annual evaluation for the City Attorney in closed session. 3.4 City Council/City Manager Mutual Expectations The following mutual expectations have been agreed upon by the City Council and City Manager regarding their respective roles and support the successful operation of the City Manager/Council form of government. They serve as a general framework to foster a constructive working relationship and provide new Council Members an overall outline of how we have committed to operate. They may also serve as a basis for discussion to resolve potential problems or when changes in the expectations are desired. Expectation of City Manager a. Promote a high level of customer service to be provided by the organization. b. Clearly communicate to the City Council the operational impacts of policy decisions and direction. c. Deal with the City Council, staff and community in an up front and honest manner at all times. CITY COUNCIL HANDBOOK PAGE 10 d. Be responsive to Council direction and needs and keep Council members informed of key issues, activities and follow-up to requests. Take necessary steps to avoid surprises for Council in public. e. Provide information equally to all Council members. f. Provide complete information regarding an issue or item. Never manipulate information in order to promote one viewpoint. g. Ensure staff reports include alternatives, potential impacts of each alternative and staff's best recommendation. h. Be fully committed to successfully implementing City Council's decisions, whether or not they are consistent with staff's recommendations. i. Involve the community in planning activities regarding issues impacting the public and make every effort to develop a consensus on issues in which there are differing viewpoints. j. Demonstrate and insist from all staff the highest level of ethics and integrity. k. Be an active and visible member of the community. I. Be an effective problem solver. m. Provide strong leadership in the organization, but also promote participation and responsibility on the part of the executive staff in accomplishing the City's goals. n. Promote professional development of staff in the organization. o. Be accessible. Expectations of the City Council a. Recognize that the City Council gives direction only as a convened body. Share opinions and views, but refrain from providing direction without the participation of the full Council. Do not individually attempt to influence the decisions or recommendations of staff. b. Conclude discussions requiring staff follow-up or action with specific direction agreed upon by the City Council. c. Make an effort to let staff know concerns and questions prior to public meetings so staff can be prepared as best possible. d. Share in staff's commitment to the highest ethical standards and avoid any appearances of impropriety. e. Direct questions or requests for information to the City Manager or Department Directors only. Make requests that will require staff to prepare information to the City Manager. CITY COUNCIL HANDBOOK PAGE 11 f. Treat staff in a respectful manner at all times. Recognize good work by staff. Communicate any concerns involving staff to the City Manager. Refrain from criticizing staff in public. g. Prevent disagreements with each other, the City Manager or staff from becoming personal. Commit to and support teambuilding efforts when necessary and appropriate. h. Provide feedback on an ongoing basis. i. In addition to ongoing communications, meet individually with the City Manager at least monthly for Council members and twice a month for the Mayor. j. Seek and provide honesty, directness and openness. k. Immediately communicate to the City Manager any items that are perceived not to be handled in accord with these expectations. I. Respect staff's impartiality involving elections and campaign activities. 3.5 Ethics Policy City Council Resolution No. 3951, adopted by the Arroyo Grande City Council on September 12, 2006, established an Ethics Policy for City Employees, Elected Officials and Appointed Officials. The City Council has adopted this code of ethics and values to promote and maintain the highest standards of personal professional conduct in the City's government. Ethics training shall be required for all elected officials within one year of assuming office, and every two years thereafter, as required by State law. (Exhibit C) 3.6 Sexual Harassment Prevention Training and Education State law requires that elected officials who receive any type of compensation, salary, or stipend from a local agency receive at least two hours of sexual harassment prevention training and education within the first six months of taking office, and every two years thereafter (Government Code Sections 53237-53237.5). 3.7 The Brown Act The Ralph M. Brown Act is a law which provides that all meetings of a legislative body, whether meetings of the City Council or its appointed advisory bodies, shall be open and public and all persons shall be permitted to attend. Noticesof regular meetings must be made 72 hours prior to the meeting. Special meetings may be called by the Mayor or a majority of the City Council and must be noticed 24 hours prior to the time of the meeting. The Open & Public Guide to the Ralph M. Brown Act will be provided to all Council Members upon assuming office. 3.8 Political Reform Act The Political Reform Act states that public officials shall perform their duties in an impartial manner, free from bias caused by their own financial CITY COUNCIL HANDBOOK PAGE 12 interests or the financial interests of persons who have supported them. The Political Reform Act establishes regulations regarding conflicts of interests and campaign receipts and expenditures. (Government Code, Title 9, Sections 81000- 91015) Conflict of Interest - General Provisions of the Law The Political Reform Act requires state and local government agencies to adopt a Conflict of Interest Code, which shall be reviewed biennially in even-numbered years. The Arroyo Grande City Council adopted Resolution No. 4757 amending the City of Arroyo Grande's Conflict of Interest Code on September 13, 2016 (Exhibit C). The Political Reform Act regulates conflicts of interest through disclosure and prohibition of participation in decisions, which constitutes conflicts of interest. Specifically, it requires City Council Members and other public officials to annually disclose all financial interests that may be affected by decisions made in their official capacity; this includes interests such as investments, real property, income, and gifts. Council Members must disqualify themselves from making or participating in making or influencing any governmental decision that will have a foreseeable material financial effect on any economic interest of the Council Member or certain family members. Government Code Section 87105 states that a Council Member who has a conflict of interest must take the following steps after determining that a conflict of interest exists under the Political Reform Act: a. Publicly identify the financial interest. This must be done in enough detail for the public to understand the financial interest that creates the conflict of interest. Note: Residential street addresses do not have to be disclosed. b. Recuse yourself from both the discussion and the vote on the matter. You must recuse yourself from all proceedings related to the matter. c. Leave the room until the matter has been completed. The matter is considered complete when there is no further discussion, vote or any other action. Exception: According to the FPPC, if the matter is on the consent calendar, you do not have to leave the room. Exception: Under limited circumstances, if you wish to speak during public comment, you may do so as long as you have complied with the disclosure and recusal requirements, left the dais and the matter you appear on is related solely to your personal interest. Government Code Section 1090 Government Code Section 1090 is similar to the Political Reform Act, but applies only to City contracts in which a public official has a financial interest. The financial interests covered by GC §1090 are different from those in the Political Reform Act. Having an interest in a contract may preclude the City from entering into the contract at all, even if the individual Council Member with the conflict recuses him or herself. In addition, the penalties for violating GC §1090 are severe. If a Council CITY COUNCIL HANDBOOK PAGE 13 Member believes that he or she may have any financial interest in a contract that will be before the Council, the member should immediately seek advice from the City Attorney and/or the Fair Political Practices Commission. Gifts Council Members should carefully consider and monitor "gifts" from any person or organization whether the gift be financial support, loans, event tickets or passes, meals, etc. Many of these gifts may need to be reported and may present a conflict of interest when considering and/or voting on projects or issues related to the person presenting the gift. Advice It is critical to note that compliance with the State's conflict of interest laws is each public official's personal responsibility. While the City Attorney can render advice on the interpretation of State laws and regulations on conflict matters, such advice is solely an interpretation of the law. The only authority that can provide binding interpretations and possible immunity from civil or criminal liability on such matters is the Fair Political Practices Commission (FPPC). Council Members or the full Council are encouraged to solicit opinions on such matters directly from the FPPC. It is also important to keep in mind that the City Attorney represents the City and City Council as a whole and not individual Council Members. FPPC Filing Requirements Elected officials file a Statement of Economic Interest (Form 700) to disclose certain investments, interests in real property, sources of income, gifts, loans and business positions within 30 days of assuming office; annually by April 1st covering the previous calendar year or from the last filing period, as required; and within 30 days of leaving office. Certain City commission members and designated City employees are also subject to this disclosure requirement. Form 460/470 - Campaign Disclosure Statements (Form 460 or 470) are filed annually in July; or semi-annually in January and July as required by the FPPC. 4. CONDUCTING CITY COUNCIL BUSINESS The following guidelines are to assist the City Council in the conduct of City business and are procedural only. Failure to strictly observe such procedures shall not affect the jurisdiction of the Council nor invalidate any action taken at a meeting that is otherwise held in conformance with the law. Except as otherwise provided for in this Handbook, any special rule adopted by the City Council, or as otherwise provided by state statute, the procedures of the City Council meetings shall be governed by the latest revised edition of "Sturgis Standard Code of Parliamentary Procedure", as modified by Council practices. The City Attorney is designated as the parliamentarian for City Council meetings. The City Manager shall preside as the parliamentarian in the City Attorney's absence. CITY COUNCIL HANDBOOK PAGE 14 4.1 Meetings City Council Meetings The City Council shall meet in regular session on the second and fourth Tuesday of each month. Business at regular sessions shall be conducted from 6:00 PM to 11:00 PM only, unless extended by unanimous consent of the City Council Members present. A special meeting may be called at any time by the presiding officer (Mayor) or by a majority of the City Council. The Council may adjourn any regular, or special meeting, to a time and place specified in the order of adjournment pursuant to the procedures set forth in the Brown Act. A regular meeting may be cancelled by a majority vote of the Council. Historically, it has been the Council's policy to cancel the first regular meeting in July so the City Council and staff can coordinate vacation time during the summer months. In addition, the City Council generally cancels the second regular meeting in December due to the holidays and related City office closures. The order of business for the City Council shall be as arranged by the City Manager, except for matters set at a specific time by the Council. Agency Meetings (Successor Agency) The City Council also sits as Board Members of the Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency and shall meet occasionally to conduct business. The Mayor shall serve as Chairperson and the Mayor Pro Tern shall serve as the Vice Chairperson. There is no additional compensation for serving in these capacities. 4.2 Attendance / Quorum Council Members acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Council Members shall make a good faith effort to attend all such meetings unless unable. Council Members will notify the City Manager or City Clerk if they will be absent from a meeting. Three members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three appear at a regular meeting, the Mayor, Mayor Pro Tern in the absence of the Mayor, any Council Member in the absence of the Mayor and Mayor Pro Tern, or in the absence of all Council Members, the City Clerk, or his/her designee, shall adjourn the meeting to a stated day and hour or cancel the meeting due to the lack of a quorum. 4.3 Best Practices of Civility and Civil Discourse In order to ensure civility and civil discourse in all of its meetings, the City Council has pledged its commitment to the following best practices of CITY COUNCIL HANDBOOK PAGE 15 civility and civil discourse (Resolution No. 4685 adopted September 8, 2015): a. To respect the right of all people to hold different opinions in all of our meetings; b. To avoid rhetoric intended to humiliate, malign, or question the motivation of those whose opinions are different from ours in all our meetings; c. To strive to understand differing perspectives in all our meetings; d. To choose words carefully in all our meetings; e. To speak truthfully without accusation, and avoid distortion in all our meetings; and f. To building a civil political community in which each' person is respected and spirited public and political debate is aimed at the betterment of the City of Arroyo Grande and its people and not the disparagement of those with whom we disagree. The City Council shall promote the use of and adherence to the principles of civility and civil discourse in conducting business with appointed and elected officials, staff, and citizens. 4.4 Agendas a. Agendas for the Council will be prepared by the City Manager. b. 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, Long Term Financial Plan and Budget, Critical Needs Action Plan and also work programs, objectives, and business of the City as established by the City Council. Agenda items may also include, but not be limited to, recommendations to the City Council from advisory bodies, public hearings for land use and zoning actions or appeals, awarding bids, contracts, agreements, and adoption of resolutions and ordinances establishing various City regulations or policies. Agenda items will be within the policy context established by the Council, the scope of existing work programs, and within the jurisdiction of the City. For items that are of a regional, State, or Federal nature, including but not limited to proposed legislation, the item may be placed on the City Council agenda if it meets any of the following criteria: 1. Items that will result in any direct significant financial impact to the City; 2. Items that involve new regulations, requirements or other impacts that will result in a significant impact to staff workload or adversely impact Arroyo Grande businesses or citizens; 3. Items that will create or increase a fee, tax or other charge unique to Arroyo Grande residents. c. The electronic City Council agenda packet, including all reports, communications, ordinances, resolutions, contracts, documents that are available, or other matters to be considered by the City Council at the regular meeting, will be delivered to members of the City Council no later than 72 hours preceding the Tuesday Council CITY COUNCIL HANDBOOK PAGE 16 meeting to which the agenda packet pertains. Agenda packets for special meetings will be delivered electronically to members of the City Council no later than 24 hours preceding the date and time set for the special meeting. d. Agendas shall be posted on a bulletin board, publicly accessible, at City Hall, 300 E. Branch Street, Arroyo Grande, and posted on the City website at www.arrovogrande.orq. 4.5 Agenda Order The order of the Regular Meeting Agenda is generally as follows: Call to Order Roll Call Moment of Reflection Flag Salute Agenda Review Special Presentations Community Comments and Suggestions City Manager/Director Report Consent Agenda Public Hearings Old Business New Business City Council Reports (2"d Meeting of Month) Council Communications Community Comments and Suggestions Closed Session Adjournment 4.6 Meeting Procedures a. Council ordinances and resolutions must be reviewed in written form before binding action is taken on same. b. A Council order applies mainly as a directive to City officers or employees. It need not be in writing, as it generally applies to one specific act only. c. In the absence or inability of the Mayor and the Mayor Pro Tem to attend a meeting of the City Council, the Members present shall select one Member to temporarily preside. d. A motion shall not be debated or "put to vote", unless the same is seconded. When a motion is seconded, if requested, it shall be stated by the Mayor or the City Clerk before debate. e. Upon a motion having been made and seconded, it shall be deemed to be in possession of the Council, but it may be withdrawn at any time, before decision or amendment, with the assent of a second. f. A Member called to order should relinquish the floor, unless permitted to explain; and the Council, if appealed to, shall decide on the case, but without debate. If there is no appeal, the decision of the Mayor shall be final. g. Upon demand of any Council Member, or at the discretion of the Mayor, the vote shall be by roll call, except that the vote on all ordinances or resolutions shall be by roll call vote. h. Tie votes shall be lost motions. CITY COUNCIL HANDBOOK PAGE 17 i. Tie votes on the appeal of a Commission/Board/Committee or staff decision sustain the action of the Commission/Board/Committee, or staff. j. Every Council Member, unless disqualified by reason of a conflict of interest or as otherwise provided by law, shall cast his/her vote upon any matter put to vote by the legislative body. k. Any Council Member who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. I. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter for specified reasons shall not subsequently be allowed to withdraw that abstention. m. In order to avoid any attack on the validity of Council hearings, Council Members shall avoid forming final conclusions or making commitments with proponents and opponents during any meetings, conferences, or discussions regarding the merits of the matter or issue before the body, including but not limited to, specific zoning and related land-use proposals, comprehensive planning, and like matters. n. A motion to reconsider a legislative or quasi-legislative action taken by the Council may be made only at the same meeting at which the action was taken. Quasi-judicial actions shall not be subject to a motion to reconsider. 4.7 Addressing the City Council Each person desiring to address the Council shall proceed to the speaker's stand upon invitation by the Mayor. Speakers shall be asked to voluntarily state their name for the record, but speakers will not be required to state their name as a condition of attendance or participation. Unless further time is granted by the Mayor, (unless overruled by a majority vote of the Council), the speaker shall limit his/her remarks to three (3) minutes unless special circumstances exist. All remarks shall be pertinent to the subject at hand. All remarks must be addressed to the Council as a whole and not to any Member individually. No questions shall be asked of a Council Member or member of City staff without the permission of the Mayor. In order to avoid repetitious presentations and delay in the business of the Council, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request a spokesperson be chosen by the group to represent its position. The Mayor may, in his or her discretion, grant additional time for a speaker that has been recognized or designated by a group to present comments on their behalf. After a motion has been made and seconded, or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the Mayor or a majority vote of the Council. 4.8 Council Member Requests and Questions a. Under the Council Communications portion of the meeting agenda, Council Members may ask a question for clarification, make an announcement, or report briefly on his or her activities. Council Members may also request staff to report back to the Council at a CITY COUNCIL HANDBOOK PAGE 18 subsequent meeting concerning any matter or request that staff place a matter of business on a future agenda. Any request to place a matter of business for original consideration on a future agenda requires the concurrence of at least one other Council Member. b. Proper action will then be taken by staff. 4.9 Disturbance of City Council Meetings The following procedure and format will be used by the City Council to address disruptive persons at a Council Meeting: a. The Presiding Officer shall make the following announcement: "As the Presiding Officer, I am advising you that your comments have violated the City Council's rules of procedure for addressing the City Council and you are causing a serious disruption to this meeting. I must ask you to immediately cease the disturbance before further action is necessary. At this time, I am going to recess the meeting for 10 minutes. We will then reconvene our meeting." b. Recess and call for police to be present when meeting reconvenes. c. If the disturbance continues after reconvening the meeting, the Presiding Officer shall make the following announcement: "As Presiding Officer, since you are continuing this disturbance, I must advise you that the Penal Code provides that every person who, without authority of law, willfully disturbs or breaks up any meeting, not unlawful in its character, is guilty of a misdemeanor. If you do not immediately cease this disturbance, I will request the police to arrest you under Penal Code Section 403." d. If the disturbance continues, request the police to come forward to make the arrest. (Government Code Section 54957.9) 4.10 Council Action Items Staff Reports Each City Council agenda business item shall have a coordinating staff report prepared by the originating department. Staff reports are written specifically for the purpose of communicating information necessary for policy and decision-making and generally includes an abbreviated summary of action, impact on financial and personnel resources, recommended action, background, analysis of issues, alternatives, advantages, disadvantages, environmental review (if applicable), and public notification methods. Ordinances Ordinances are the laws of a municipality. An ordinance generally prescribes some permanent rule of conduct or government that remains in force until the ordinance is repealed. Ordinances are required to be read in their entirety at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all Council Members present (this occurs during the meeting under Agenda Review). Ordinances may only be passed at a regular meeting or at an adjourned regular meeting. Except for urgency ordinances, ordinances may notbepassed at a special meeting. Ordinances generally take effect 30 days following the date of adoption. The following Ordinances take effect immediately: Ordinances relating to an election; and urgency ordinances for the immediate preservation of the public peace, health, or CITY COUNCIL HANDBOOK PAGE 19 safety, containing a declaration of the facts constituting the urgency, and passed by a four-fifths vote of the City Council. Resolutions A Resolution expresses City Council policy or directs certain types of administrative action and may be changed by a subsequent Resolution. Resolutions are generally effective on the date of adoption. Agreements/Contracts Municipal government enters into contracts for many different types of goods and services. These contracts are usually written agreements that are legally binding upon the parties. Typically, agreements are entered into with the approval of the City Council or, if legally authorized, the City Manager. Minute Motion A minute motion or motion is appropriate when: 1) the action is not of a penal nature or intended to be a local law; 2) an ordinance or resolution is not specifically required; or 3) a formal document reflecting the City Council's action is not necessary. The only record of such action is in the form of minutes taken of the meeting at which the action is taken. Submitted Materials at Meetings are Public Record Any written correspondence or other materials, when distributed to all, or a majority of all, of the members of the City Council by any person in connection with a matter subject to discussion or consideration at an open public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk. Minutes The minutes serve as a permanent record of the City Council's actions. The City Clerk, or his/her Deputy, shall attend and prepare action minutes of all public meetings of the City Council [Gov't Code Sections 36814 and 40801 and Resolution No. 4341, adopted February 22, 2011]. Minutes ready for Council approval shall be placed on the regular City Council meeting agenda and included in the Council packet. Minutes of Council meetings are available for review in the City Clerk's Office and online at www.arroyogrande.org. 4.11 Process for City Council Appeal of Planning Commission Decisions Pursuant to Municipal Code Section 1.12.050, the City Council may appeal decisions of the Planning Commission. The following procedure has been established for such appeals: a. City Council will receive the Planning Commission Agenda the Friday prior to the Planning Commission meeting. CITY COUNCIL HANDBOOK PAGE 20 b. The Wednesday following the Planning Commission meeting, staff will distribute to the City Council an annotated copy of the Planning Commission Agenda with the action of the Commission highlighted if any final actions were taken. c. City Council Members may determine if an appeal is desired after reviewing the annotated Agenda. d. Any Council Member that desires to appeal a decision shall contact the City Manager or City Clerk by 2:00 p.m. on Thursday following the Planning Commission meeting to direct that the request be placed on the next City Council Agenda under"Council Communications." e. In order to proceed with an appeal, the City Council shall adopt a motion to appeal the action of the Planning Commission. f. If approved by the City Council, the City Clerk will set a date for the hearing within 60 days of the City Council's decision to appeal the action and notifies the affected applicant and Planning Commission. 4.12 Televised and Webstreamed Meeting Coverage All regular City Council meetings held in the City Council Chambers are broadcast live and rebroadcast on the City's government access channel, webstreamed live on the City's website, and archived online for on-demand viewing. The purpose of televising and webstreaming meetings of the Arroyo Grande City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council. a. Council coverage is not to be edited or subjected to editorial comment. b. All regular City Council meetings shall be televised and webstreamed, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise. c. Cameras used shall be owned by the City and operated only by City employees or persons under contract with the City. d. Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing. e. The City Clerk's minutes shall remain the official record of Council proceedings. f. To assure timely information for the public, Council meeting video will be placed on the City's website as soon as possible for rebroadcast. 5. COMMISSIONS/COMMITTEES/BOARDS The City Council shall appoint committees as deemed necessary for the proper conduct of City business. No committee or subcommittee shall include in its membership more than two (2) Council Members. The City Manager, or his/her designee, shall be an ex-officio member of all committees. 5.1 City Commissions, Committees and Boards City commissions (which hereinafter include standing Council-appointed boards, commissions, and committees) serve as advisory bodies to facilitate public input and citizen participation in the determination of public policies. This is accomplished by formulating recommended CITY COUNCIL HANDBOOK PAGE 21 courses of action and policy to the City Council with whom final determination rests. The Planning Commission (AGMC Chapter 2.18, "Planning Commission") has authority to make final determination in applicable circumstances (AGMC Title 16, "Development Code"). 5.2 Appointment Pursuant to Council Resolution, the City Council appoints representatives to the following City boards, commissions and committees: • Planning Commission • Parks and Recreation Commission • Traffic Commission • Downtown Parking Advisory Board • Architectural Review Committee • Historical Resources Committee • Tourism Business Improvement District (TBID) Board • The Mayor and each Council Member shall appoint one representative to each respective Commission/Board/Committee, subject to approval by a majority of the Council. Members of each respective Commission/Board/Committee shall serve for a term ending the January 31st following the expiration of the term of the respective appointing Mayor or Council Member, as applicable. Members of each respective Commission/Committee/Board may be removed prior to expiration of their term by a majority vote of the Council. Applicants, with the exception of the Downtown Parking Advisory Board, Historical Resources Committee, and TBID Board must be registered voters of Arroyo Grande. Applicants for the Downtown Parking Advisory Board shall have a business within the Arroyo Grande City Parking and Business Improvement Area. Applicants for the Historical Resources Committee should have knowledge of the history of Arroyo Grande, its buildings, people and events. This knowledge can typically be gained through time spent in the community as a resident or business owner or through active research or membership in organizations related to the study or preservation of local history. Two-thirds of applicants for the TBID Board shall be owners of lodging businesses within the Arroyo Grande Tourism Business Improvement District or others with knowledge of tourism and/or the lodging industry. Those seeking appointment to a Commission/Board/Committee must submit an application to the City Clerk's Office. Those Commission/Board/Committee members whose terms have expired must submit a new application (terms are not automatically renewed), and the City Clerk will notify said Commission/Board/Committee members with a letter and new application form. Applications shall remain valid and on file for one year. Following Council appointment, the new Commission/Board/ Committee member will be notified by the City Clerk's Office via letter of the appointment and conflict of interest filing obligations. Copies of the letter and completed application form(s) will be forwarded to the appropriate staff liaison, who will contact the successful member(s) regarding meeting dates, times and responsibilities. All appointees to a City CITY COUNCIL HANDBOOK PAGE 22 Commission/Board/Committee are also subject to the City's Ethics Policy and training requirements. 5.3 Removal A person appointed by the City Council to a Commission/Board/Committee shall continue to serve as a member thereof except when: a. The person's term of office expires and a different person has been appointed. b. The person voluntarily resigns from the Commission /Board/Committee. c. The person no longer meets the eligibility requirements. d. The person fails to attend three (3) consecutive meetings of the Commission and does not have prior approval for said absences by way of a majority action of the City Council. e. A majority of the City Council determines the member shall be. removed. Any member of the City Council may initiate a person's removal from a Commission by requesting that consideration of the person's removal be placed on the Council's agenda at a regular or special meeting for discussion and potential action. The City Clerk shall notify the person affected of the time and place of the meeting. When the item is on the City Council agenda, the City Council may, by majority vote, remove the person from a Commission. 5.4 City of Arroyo Grande Commissioners Handbook The Commissioners Handbook assists members of all City commissions, committees, and boards in carrying out responsibilities in accordance with the policies and guidelines established by Council. The Handbook outlines the general purpose and duties of each commission. 5.5 Appointment of Council Members to Various Local and Regional Boards, Commissions and Committees There are a number of local and regional boards, commissions and committees that either require a member of the City Council as the City representative or it has been established practice for a Council Member to serve as the representative. They include, but may not be limited to, the following: • Air Pollution Control District Board of Directors (APCD) • Audit Committee • Brisco/Halcyon Interchange Subcommittee • California Joint Powers Insurance Authority (CJPIA) • City Selection Committee (Mayors) • Community Action Partnership San Luis Obispo (CAPSLO) (3 year rotation among South County Cities) • Council of Governments/Regional Transit Authority (SLOCOG/SLORTA) • County Water Resources Advisory Committee • Economic Vitality Corporation Board of Directors • Five Cities Fire Authority Board of Directors • Homeless Services Oversight Council (HSOC) Board - South County Homeless Taskforce • Integrated Waste Management Authority Board (IWMA) CITY COUNCIL HANDBOOK PAGE 23 • Oversight Board to the Successor Agency • South County Transit Board • South San Luis Obispo County Sanitation District (SSLOCSD) Board • Visit SLO CAL • Zone 3 Water Advisory Board The City Council makes these appointments at the first regular meeting in December following a municipal election. Appointments include selection of a primary representative and an alternate. 5.6 Criteria and Process for Council Representatives Seeking Council Direction or Input on Items Being Considered by Regional or Local Boards and Committees After each election year, the City Council appoints members of the City Council to serve on regional and local boards and committees that request Council representation. Appointees represent the City on these various boards and committees and are granted authority to make decisions in the _ best interest of the City of Arroyo Grande, as well as the general public and interests served by the specific agency. However, it is appropriate to seek City Council input and/or direction on items meeting criteria that has been established by the City Council. The following guidelines outline the criteria and process: a. When time permits prior to an item scheduled to be voted on by a board or committee that a member of the City Council has been appointed to by the City Council, City Council Members are advised to place items on the City Council agenda for direction and/or input if they meet any of the following criteria: i. Items that will result in a one-time or annual direct financial impact to the City of over $10,000. ii. Items that involve new regulations, requirements or other impacts that will result in a significant impact to staff workload or adversely impact Arroyo Grande businesses or citizens. iii. Items that will create or increase a fee, tax or other charge to Arroyo Grande residents. iv. Items of a controversial nature that have been frequently reported in the media and have resulted in vocal opposition from the public and/or diverse vocal opinions from interest groups and the public. v. Items involving issues that the City Council has received a significant number of comments or correspondence from members of the community. b. If time permits, City Council Members are advised to brief the remainder of the City Council on any item that may meet any of these criteria under "City Council Reports" and request whether the City Council would like the item to be placed on the next agenda for formal direction. c. If an upcoming item meets any of these criteria, and there is not sufficient time to brief the City Council under the next scheduled "City Council Reports," Council Members are advised to notify the City Manager CITY COUNCIL HANDBOOK PAGE 24 or City Clerk/Director of Information and Legislative Services to place the item on the next City Council agenda. If there is not time available, referral of items from other boards and committees may bypass the normal requirement for Council Members to first place under "City Council Items" the request that the item be placed on a future agenda. The City Manager will determine where on the agenda the item will be placed depending upon the nature of the item. d. If an item is scheduled to be decided by the board and committee prior to the next City Council meeting, Council Members are advised to request the item be continued until feedback from the entire City Council can be placed on an agenda. If postponement of the item is not possible or is refused by the board or committee, Council Members are advised to vote on the item independently and report to the full City Council during the next"City Council Reports." 5.7 Appointment of Primary Voting Delegate and Alternate to National League of Cities and/or League of California Cities Annual Conferences The City Council shall appoint a voting delegate and an alternate to serve as the voting delegate for all League of California Cities annual business meetings. However, if the Mayor or a Council Member serves on the League of California Cities (LOCC) Executive Board of Directors, the LOCC Channel Counties Division Board of Directors, or in any other League capacity, priority shall be given to that individual to be designated as the Voting Delegate. In the event that this individual does not attend, the Council shall appoint a voting delegate and alternate. 6. COMMUNICATIONS 6.1 General Communication A fundamental role of a Councilmember is communication - communication with the public to assess community opinions and needs -communication with members of the legislature and other public agencies to represent the community's interests - and, communication with the media to inform the public about the functions of government. Because the City Council functions as a body, i.e., acting on a majority vote, it is important that members represent the City's official position, or if expressing personal views, the public is so advised. To ensure that accurate City communications reach the public in a timely manner, the following shall apply. 6.2 Processing and Delivering of City Council Mail Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Manager's Office maintains a mailbox at City Hall for each member. The City Manager, or his/her designee, is authorized to receive and open all mail addressed to the City Council as a whole, the Mayor and/or individual City Council Member, and said mail shall be opened and date stamped the day it was received. Letters addressed to the Mayor and/or individual City Council members will be copied to the full Council. Letters received which include issues directly related to a particular department shall be copied to the City Manager and the Department Director. CITY COUNCIL HANDBOOK PAGE 25 Mail relating to a legal issue may also be forwarded to the City Attorney. Council Members may pick up their mail any time at City Hall. Notwithstanding mail that is time sensitive needing immediate attention, all other mail that is not picked up at City Hall will be delivered to the Council at every Council meeting. All correspondence, including email, addressed to the City Council or to individual Council members relating to the conduct of the City's business is a public record as defined in Government Code Section 6252 and will be retained by the City in accordance with its Records Retention Policy. 6.3 Written Correspondence Members of the City Council will often be called upon to write letters to citizens, businesses or other public agencies. Typically, the Mayor will be charged with transmitting the City's position on policy matters to outside agencies on behalf of the City Council. Individual members of the Council will often prepare letters for constituents in response to inquiries or to provide requested information. City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence. On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or about an issue for which the Council has no position. In these circumstances, members should clearly indicate either in correspondence or verbally that they are not speaking for the City Council as a whole, but for themselves as one member of Council. City letterhead and office support may be utilized in these circumstances. After the City Council has taken a position on an issue, official correspondence should reflect this position. While members who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official Council title, and staff support should not be utilized. In addition, City letterhead and staff support cannot be utilized for any personal or political purposes. Council members are often asked to prepare letters of recommendation for students and others seeking employment or appointment. It is appropriate for individual Council members to utilize City letterhead and their Council titles for such letters. All Council member correspondence using City letterhead shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk. In addition, all Councilcorrespondence to public agencies in which the Mayor or Council Member identifies themselves as such, shall be copied to the full Council. 6.4 Use of City Seal and City Logo The seal and logo are considered symbols of the authority and jurisdiction of the City and, as such, are valuable assets of the City and its citizens. The City seal and logo shall be used for official purposes only and according to policies and guidelines developed by the City Manager, or as authorized by the City Council. CITY COUNCIL HANDBOOK PAGE 26 6.5 Speaking Engagements Council members may accept public speaking invitations. Presentations shall clearly articulate the Council's adopted policy position. A Councilmember may indicate that their individual position differs from that which was adopted. 6.6 Media Relations Typically, the Mayor is the designated representative of the Council to speak on official City positions. Individual Council members may comment to the media but should be clear about whether their comments represent the official City position or a personal viewpoint. Generally, press releases shall be prepared and routed to the City Manager for approval before release to the media. Police and Fire responses to, and/or press releases regarding, emergencies may be reported directly to the media by the designated department spokesperson. 6.7 City Council Protocol regarding Communications with Project Applicants The following are informal protocol guidelines and procedures regarding meetings between developers and City Council members to discuss upcoming projects. a. When meeting with a project applicant, a council member should state that they represent one vote on the City Council and any statements represent the opinion of the individual council member only. Formal direction or action requires consideration and approval by a majority of the City Council at a lawfully scheduled and notified meeting. b. A council member should encourage the applicant to meet with all other members of the City Council and to seek their input. c. When a council member meets with an applicant regarding a potential project, the council member should attempt to notify the City Manager when possible. When appropriate, the City Manager will contact the applicant and request they meet with other members of the City Council. d. If any materials are provided by an applicant, the council member should provide them to the City Manager, who will forward copies to each of the other members of the City Council. e. A council member may request staff to attend a meeting if desired. If staff attends, it should be communicated to the applicant that staff is present to answer any process or technical questions. It is not appropriate for staff to participate in discussion regarding the merits of the project at such a meeting. f. While the meeting is an appropriate opportunity to express concerns, ask questions and identify issues, the council member should refrain from stating how he/she intends to vote on a project and should avoid CITY COUNCIL HANDBOOK PAGE 27 making representation or commitments regarding future actions. A vote should be based upon information presented as part of the formal application process. g. Council members are encouraged to disclose ex parte contacts with a project applicant before consideration of the project. 6.8 Access to Communications/Technology Systems The City will provide each Council Member with equal and appropriate communications and technological devices to facilitate their public service and within the confines of the Information Technology standards for hardware and software. Use of such devices shall be subject to the City's Administrative Policies, a copy of which is provided to Council Members upon assuming office. 6.9 Electronic Communications Prohibited during Meetings The following policy shall define electronic communications and establish guidelines and procedures regarding electronic communications during public meetings that have implications under the Ralph M. Brown Act ("Brown Act") and/or the Public Records Act. a. Electronic Communications shall mean electronic text or visual communications and attachments distributed via e-mails, websites, instant messaging, text messages, Twitter or comparable services. b. Electronic devices (i.e., iPads) issued by the City to Council Members for use of storing agenda materials and accessing agenda materials during City Council meetings shall be the property of the City and returned to the City when a Council Member is no longer serving in his or her elected capacity. Agenda packets will be distributed through the City's Paperless Agenda Program so that Council Members receive their agenda packets electronically. Council Members may access agendas and agenda packets using City issued iPads or other electronic devices (including, but not limited to personal computers and smart phones). c. City Council Members shall not use electronic devices or electronic communications at any time during a meeting, of the City Council at which he or she is in attendance to access the internet or to receive or send emails, text messages or other communications. d. The limitations on use of electronic devices and electronic communications during meetings contained herein shall not apply to the receipt of telephone calls or text messages from family members in the event of an urgent family matter. A Council Member wishing to respond to such a message during a meeting shall do so during a recess or shall excuse him or herself from the meeting to place the return call or text in a manner that does not disrupt the meeting. 6.10 Electronic Communications Using City-Issued and Personal Devices As a public official, your communications regarding City business are potentially subject to disclosure via a Public Records Act (PRA) request, regardless of the medium used to send, receive, or store the records. In order to minimize potential risk, embarrassment, or awkward situations for yourself and for the City, please take the following into consideration when using various electronic communication methods: CITY COUNCIL HANDBOOK PAGE 28 a. All City business should be conducted using City communications equipment and accounts to the greatest extent feasible. Conducting work communications in this way assures that the City has a record of your communications, which can then be searched and produced in a non-invasive manner should a public records request be received. • However, should you need, under limited circumstances, to use personal devices and/or personal accounts, such as text messaging, email, or social media, to communicate with others regarding City business, please be prepared to timely search for and provide copies of work-related communications if the City receives a related PRA request. b. Exercise tact and caution when communicating in writing regarding City business, regardless of the medium or recipient. While the PRA's definition of work-related "records" is essentially limited to communications relating to actual conduct of the City's business by an individual in their official capacity, there is no guarantee that any particular personal or seemingly incidental work-related communication will ultimately be deemed exempt from production or disclosure. While the law attempts to strike a balance between the public's interest in disclosure and the official's personal right to privacy, permitted exemptions from production and disclosure are rather narrow, and the City Attorney must act impartially when determining whether a record is exempt. Factors such as potential embarrassment cannot be accounted for in determining what to produce, and the City is obligated by law to err on the side of disclosure. Additionally, bear in mind that in the event of litigation, a subpoena for records is a more powerful tool that can potentially compel the City to produce a broader array of records, including those that would not have been produced under a PRA request. c. Consider the appropriate platform for all work-related communications. As always, a good rule of thumb before hitting "send" is to consider how you would feel if the communication were to be reprinted in the newspaper. If a communication is sensitive enough that you would not want it to be reprinted, you are encouraged to consider using the telephone and personal visits to communicate instead, when appropriate. A copy of the City's Administrative Policy regarding the use of electronic communication and City-issued devices will be provided to Council Members upon assuming office. 6.11 Communications with Staff Pursuant to AGMC Section 2.08.080, "Administrative relationships," the City Council and its members, except for the purpose of inquiry, shall deal with administrative services solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any officer or employee of the City under the supervision of the City Manager. In regard to questions relating to agenda items, Council Members are encouraged to contact the City Manager or appropriate Department Director CITY COUNCIL HANDBOOK PAGE 29 to ask questions for clarification prior to the meeting at which the subject will be discussed. 6.12 Complaints Regarding Performance of Staff Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure - the concern is resolved. Council Members shall not reprimand employees directly, nor shall they communicate their concerns to anyone other than the City Manager. 6.13 Citizen Inquiries Often a constituent will call a Council Member with a question-or a complaint about a particular problem or issue. Sometimes the complaint is related to not understanding why a particular action is taken and sometimes it relates to how a service has been provided or not provided. When particular service issues or questions come up, the staff is also concerned about getting a quick and accurate response to a citizen. The most effective way for staff to ensure this response is for the Council Member to call the City Manager's office to relay the question or complaint. Staff will take the information, coordinate with the appropriate Department, follow up with the citizen directly or provide information back to the Council Member, whichever is preferred. 6.14 Handling of Litigation/Confidential Information Council Members shall keep all written materials and verbal information provided to them on matters that are confidential in complete confidence to ensure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Council Members, the City Attorney, or City Manager. Council Members may not disclose information obtained in closed session unless authorized by a majority vote of the Council, or as otherwise required by law. 6.15 Legislative Communications at the Request of City Affiliated Organisations From time to time, the City is asked by the League of California Cities or other City-affiliated organizations to take a support and/or oppose position on a particular piece of legislation and/or proposal. When such a request is received, the matter shall be placed on the agenda and acted upon at the next regularly scheduled City Council meeting. When a request is received necessitating a more timely response in that action is required prior to the next regularly scheduled City Council meeting, the Mayor, or his/her designee, on behalf of the City, may sign and submit the requested communication so long as the position is consistent with the position taken by the League and/or other City-affiliated organizations and previous positions, if any, taken by the City. A copy of the communication shall be provided to the City Council and reported on as an informational item under City Manager Reports at the next regularly scheduled City Council meeting. CITY COUNCIL HANDBOOK PAGE 30 APPENDIX Reference Table of Amendments DATE DESCRIPTION ACTION xx/xx/2018 City Council adopted City Council Handbook Resolution No. xxxx CITY COUNCIL HANDBOOK PAGE 31 EXHIBIT A: Expanded Description of City Departments The following is a short description of the services of each of the City's departments. City Manager The City Manager serves at the will of the City Council and is responsible for providing them with policy recommendations, staff support and implementing their directions and decisions. The City Manager is responsible for overseeing day to day operations of the City and appoints professionals to direct departments responsible for a wide variety of services provided to the community. The City Manager is responsible for overall direction and coordination of the City organization to provide services and projects in an efficient manner. The City Manager coordinates with community organizations and individuals to ensure the City is responsive to the community's needs and concerns. The City Manager is committed to providing leadership to the organization that promotes professionalism, responsiveness to the community, and decision making focused on addressing both current and future needs. The City Manager is dedicated to addressing financial challenges in a prudent and responsible manner, while maintaining critical services the community depends upon and protecting the community's heritage, natural resources and quality of life. City Attorney The City Council appoints a city attorney to whom it turns to for legal advice. He/she attends Council meetings to advise on points of the law and to ensure that all proper procedures are maintained. The City Attorney also provides legal advice and represents the City Council, City Manager, City departments and other City boards and commissions on legal matters. The City Attorney is responsible for drafting ordinances, reviewing contracts and prosecuting municipal code violations. Administrative Services The Administrative Services Department collects and disburses all City monies. It maintains accounting records of all monetary transactions, involving cash receipts, accounts payable, payroll, utility billing, business licensing, and oversees the human resources function of the City. The Department manages the prudent investment of currently idle City funds. It also prepares the proposed biennial City budget, in conference with various City department directors and key personnel and under the general direction of the City Manager. Following City Council adoption, the final budget is then prepared. Legislative and Information Services The Legislative and Information Services Department is responsible for managing the legislative history of the City; responding to requests for information and researching legislative data for the public, staff, media, and the City Council; recording actions taken at City Council meetings; preparing and distributing City Council meeting agenda packets; coordinating official filings with the California Fair Political Practices Commission; updating the City's Conflict of Interest and Municipal Codes; maintaining official records and archives of the City including ordinances, resolutions, contracts, agreements, deeds, insurance documents and minutes; and conducting elections for the City. The Legislative and Information Services Department also has - management oversight of Information Technology for the City and is responsible for the City's website and local government access channel. Recreation Services The Recreation Services Department is responsible for providing recreation and leisure opportunities for residents and visitors of all ages. These programs are offered with the CITY COUNCIL HANDBOOK PAGE 32 hope that they not only meet the community's interests, but also inspire residents to try something new. The Department offers adult and youth programs and classes, sport leagues, childcare programs, and special events which are highlighted in a seasonal Activity Guide. The Recreation Services Department manages scheduling and reservations for all recreational facilities, including parks and barbeque areas, community centers, and athletic fields. The Department also provides staff support for the Parks & Recreation Commission's monthly meetings. Community Development The primary goal of the Community Development Department is to assist the community, City Council, and Planning Commission in preparing for the City's future growth and development, as well as review current development plans for consistency with local ordinances. The Department deals with transportation, housing, community facilities, public safety, open space, design, and the use of land. Additionally, the Department oversees economic development efforts to create an atmosphere conducive to the retention, expansion, and creation of quality businesses, consistent with the community's vision of Arroyo Grande. This effort will result in maintaining and increasing the number of jobs and enhancing the fiscal position of the City through increased business tax, sales, tax, and property tax revenues. The engineering division ensures all construction in the public right- of-way related to land development entitlements comply with adopted codes and engineering standards. Engineering is also responsible for all subdivision processing, approval of final subdivision maps, accepting related offers of dedications and entering into agreements to complete subdivision agreements. The building division reviews project plans, issues permits, and provides inspection services for compliance of California's building, fire, mechanical, electrical, plumbing, energy, and disabled access codes, as well as city ordinances, for all new and existing buildings in the city. The Department provides staff assistance for the Planning Commission, Architectural Review Committee, Traffic Commission, Downtown Parking Advisory Board, and Historical Resources Committee. Public Works The Public Works Department is responsible for maintaining all City infrastructure (streets, parks, sports complex, city-owned buildings, water and sewer facilities) as well as maintaining the City's vehicle fleet and equipment. The capital improvement projects manager administers the design, construction and inspection of all publicly funded capital projects. The Public Works Department also administers the City of Arroyo Grande Community Tree Program including the administration of tree removal requests and permits. Police The mission of the Police Department is to maintain the public peace, safeguard lives and property, and to provide for a quality of life whereby those persons within the City have a sense of security and freedom in their daily activities. To accomplish this, the Department provides a wide variety of public safety-related services. These services are provided through the program areas: Uniformed patrol, traffic management, investigations, crime prevention, delinquency prevention, records management, communications, and disaster management. Five Cities Fire Authority Pursuant to the Joint Exercise of Powers Agreement creating the Five Cities Fire Authority (FCFA), the FCFA serves the City of Arroyo Grande to provide its citizens with fire protection and other emergency services. The Fire Prevention Division assists in the elimination of fire hazards through inspection of commercial, residential, and industrial areas. The Fire Division is also responsible for the fire protection requirements on new subdivisions and occupancies. CITY COUNCIL HANDBOOK PAGE 33 EXHIBIT B: Travel Policy CITY OF ARROYO GRANDE ADMINISTRATIVE POLICY AND PROCEDURES • POLICY#: A-012 SUBJECT:. TRAVEL ISSUED: 11/24/15 EFFECTIVE: 12/1/15 CANCELLATION DATE: N/A SUPERSEDES: 12/1/08 POLICY: It is the City's policy to authorize City employees and officials for travel outside the City in order to participate in regional meetings,training and conference activities for professional development and to represent the City's interests. However, it is the City's policy to _ manage travel expenses in an efficient manner and to limit such expenses to matters that are necessary and provide a direct benefit to the City. The City shall reimburse travel expenses directly related to travel on approved City business. All costs incurred for travel- related expenses are subject to budgeted amounts and this policy is applicable to all City employees, elected officials and appointed officials. Travel expense reimbursements are tax-free, provided IRS regulations are followed as described below. Employees traveling on City business are representing the City and are expected to conduct themselves in the same manner as they would while at work. Violation of the travel policy and procedures will be investigated and may result indisciplinary action and/or possible denial of future travel requests. Authorized expenditures of City funds_for the purpose of this policy includes items paid directly by the City to applicable vendors, paid via City credit card, advanced to the employee,or reimbursed to the employee after travel is completed. PROCEDURE: 1. Authorized Travel City funds, equipment, supplies, titles and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met A. Communicating with representatives of regional, state and national government on City adopted policy positions; B. Attending educational seminars designed to improve skill and information levels; CITY COUNCIL HANDBOOK PAGE 34 POLICY#: A-012 TRAVEL PAGE 2 C. A conference or organized educational activity relating to topics important to City policy and operations; D. Attending meetings involving activities and/or decisions important to the City's interests; E. Preparing research for City projects and/or implementing City approved strategies. 2. Authorization and Cash Advances A. Travel on City business shall be claimed on an itemized basis. Employees and officials attending a conference, training or out of town meeting shall itemize all daily expenses. In general, expenses should be charged to the City credit card. Funds can be advanced. However,the employee or official must itemize all expenses and may be eligible for additional reimbursement or need to refund some of the cash advance to the City. Receipts should be kept and submitted on all expenses, except for P.O.S.T. meal and incidental per diem as described below. B. Whenever possible, conference and training should be specified during the budget:process. C. On all travel on City business that exceeds$200 or involves a cash advance, regardless of whether it is a one-day conference or involves overnight travel, a Travel Request and Expense Report form(Exhibit A)must be submitted. Travel authorizations should detail all expenses associated with a trip. This would include, but not be limited to, meals, lodging, registration fees, air fare/mileagereimbursement,and estimated car rental. Travel authorizations and accompanying Travel Request and Expense Form require approval of the Department Director or his/her designee.- Out-of-state travel or travel that exceeds the Department's budget allocation for travel must be approved by the City Manager. Travel authorizations and accompanying Travel Request and Expense Form for Department Directors require approval of the City Manager or his/her designee. Travel authorizations for the City Manager require approval of the Mayor or his/her designee. D. Travel authorizations should be submitted a minimum of 10 business days prior to the scheduled travel for approval and within 10 business days following the travel for reimbursement. CITY COUNCIL HANDBOOK PAGE 35 POLICY#: A-012 TRAVEL PAGE 3 E. If a receipt is lost, a Travel Substitute Receipt Form (Exhibit B) may be submitted in its place. F. All individuals traveling on City business who are not City employees (i.e., Planning Commission, Traffic Commission),where the total cost of the travel exceeds $100, must have the prior approval of the City Council. In cases where prior approval at a Council meeting is not possible due to a last-minute necessity, the City Manager will make the determination and inform the City Council at the earliest opportunity. G. Police Department personnel attending P.O.S.T. training courses will be allocated the per diem rate currently approved by P.O.S.T. for meals and incidental expenses. 3. Reimbursable Expenditures f � A. Registration The Cityshall pay for or reimburse primary registration costs for authorized training and conferences. The City shall not reimburse costs for additional optional social and entertainment conference activities offered. The City shall not reimburse conference registration costs for family and friends accompanying the employee or official. B. Transportation 1. Air travel shall be reimbursed at the lowest reasonable coach rate available. Tickets should be purchased through the.Enhanced Local Government Airfare Program whenever possible as long as they represent the lowest rate available at the time. This program entitles member agencies to reduced airfares through the State of California YCAL rating agreement and also provides rental car and hotel reservations. 2. In cases where air travel would be the normal means of transportation on City business, an employee or official may drive one's personal vehicle with the permission of the Department Director. Costs shall be reimbursed at the City Council established per mile rate. In no case shall the cost of mileage exceed the cost of coach air travel to the conference or training. 3. Employees that receive auto allowance shall only be eligible for mileage reimbursement for travel to destinations outside a fifty (50) mile radius of the City. 4. An employee may leave from home for a meeting,conference,training session, etc. However, the mileage reimbursement for travel from CITY COUNCIL HANDBOOK PAGE 36 POLICY#: A-012 • TRAVEL PAGE 4 home to the conference, etc.,shall not exceed what would normally be the mileage reimbursement for travel from employee's work site to the conference. 5. Use of City vehicles may be authorized for travel on City business. outside the local area when this method of transportation can be demonstrated as the most economical means available. There shall be no reimbursement for transportation when a City-owned vehicle is used. Any out-of-pocket expenses incurred in operating the vehicle,. such as gasoline,shall be reimbursed if receipts are provided. 6. Rental vehicles shall be utilized for travel if rental fees and actual projected gasoline costs are determined to be less than the projected mileage reimbursement to utilize a personal vehicle. Any out-of-pocket expenses incurred in operating the vehicle, such as gasoline, shall be reimbursed if receipts are provided. 7. Carpooling is encouraged when more than one employee or official are attending the same event or activity. 8. Rental rates that are equal or less than those available through the State of California's website (www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy. The most economical car make and models sufficient to meet the needs of the travel shall be utilized, subject to vendor availability. 9. Taxi, bus and shuttle fares may be reimbursed, including a 10% gratuity per fare when applicable,when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time efficiency. C. Lodging 1. Lodging expenses at the single room rate will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. 2. If such lodging is in connection with a conference, lodging expenses shall not exceed the group rate published by the conference sponsor if such rates are available at the time of booking. 3. Employees and officials shall request government rates when available. 4. Gratuities of$1 per night for hotel maids shall be reimbursed and $1 per bag for bellhops when necessary. CITY COUNCIL HANDBOOK PAGE 37 POLICY#: A.012 TRAVEL PAGE 5 5. Lodging incidental costs that are not listed as reimbursable expenses in this policy shall not be reimbursed. D. Meals 1. Meals shall bepaid or reimbursed at actual cost not to exceed the.U.S. Government Per Diem Schedule for the specific geographic area, as stated on the U.S. General Services Administration web site (www.gsa.gov),which shall include tax and a 15%to 20% gratuity, as appropriate. 2. To determine the maximum reimbursement amount for daily meals, access www.osa.00v and take the following steps: a. Acpess the per diem rates table b. Identify the Meals&Incidental Expense(M&IE)rate for the area where the travel will take place. c. Access the M & IE table and apply the M&IE rate to determine the daily limit for meals by adding the amounts for all meals identified. d. If meals are provided by the event or hotel and consumed by the employee or official, the amount identified in the M & IE table for that meal shall be deducted from the allowable reimbursement amount. Employees and officials are encouraged to take advantage of meals provided unless infeasible due to times or business necessity. To determine the amount to be deducted from the daily limit for a specific meal, access M & IE table and apply the M&IE rate to identify the specific limit for each meal. e. Per diem amounts provided for each eligible meal required during authorized travel will,be considered full compensation for those meals. 3 Meals for meetings or travel within the local area will be paid or reimbursed at the Department Director's discretion. E. Parking 1. Parking fees shall be reimbursed at the actual cost, including a $2 gratuity for valet parking when necessary. CITY COUNCIL HANDBOOK PAGE 38 POLICY#: A-012 TRAVEL PAGE 6 2. Parking fees at hotels and conference sites will be predetermined whenever possible and included in the employee's travel expenses. When parking costs cannot be predetermined, employees will be reimbursed for any required parking fees. 3. Long-term parking shall be used for any airport parking for travel exceeding 24 hours. F. Communications 1. Employees and officials shall be reimbursed for actual telephone, fax and intemet access occurred on City business. 2. Telephone bills should identify which calls were made on City business. 3. Staff needing intemet access for City related'business while on City travel and/or training may purchase high speed intemet access from the employee's place of lodging if available at the City's expense. Determination of the need for intemet access shall require approval of the Department Director. Internet access paid for by the City shall be subject to the provisions of the City's Information Systems Policy (A- 016). 4. Non-Authorized Expenditures a. Alcohol and personal bar expenses are not authorized unless pre-approved by the City Manager. b. Personal expenses such as in-room movies or games are not authorized expenditures. c. Excess baggage charges are generally not eligible for reimbursement. If the airline charges for all checked baggage, the City will cover the cost for one checked:bag only, unless pm-approved by the City Manager. d. Laundry and Dry Cleaning services are generally not reimbursable. e. Rental car options such as GPS devices are not a reimbursable expenditure unless pre-approved by the City Manager. f. Expenses for which City employees or officials receive reimbursement from _ another agency are not reimbursable. g. No costs associated with family members and friends accompanying an employee or official shall be reimbursed. h. The City shall not be responsible for or reimburse any additional costs related to the extension of stay beyond the time necessary to complete the approved conference,trainings,conventions or other functions. CITY COUNCIL HANDBOOK PAGE 39 POLICY#: A-012 TRAVEL. PAGE 7 5. IRS Guidelines a. Payment for travel related expenses is not considered compensation for tax purposes under IRS regulations, provided reimbursement requests are submitted and approved within the timelines in this policy_ However,should a request be submitted and approved more than sixty (60) days after being incurred, the reimbursement will be considered compensation for tax purposes. 6. Travel Time i For non-exempt (hourly) travelers, required travel time to the event on workdays during normal working hours will be counted as time worked. Generally,travel time to the event on City business is limited to the actual dates of a function plus reasonable travel time not to exceed a maximum of twenty-four (24) hours before and/or after the function. No overtime will be provided for travel time to the event, other than that mandated , by the Federal Fair Labor Standards Act.('FLSA") requirements and/or approved Memorandums of Understanding (MOU). Departments must be aware of the FLSA and MOU requirements when arranging for travel for all non-exempt (hourly) travelers. Travel-related overtime in connection with travel on City business requires authorization from the Supervisor. Upon prior approval by the Department Director,the employee may stay beyond the time required for business purposes. Such time must be charged to an available leave balance such as vacation, personal leave, or compensatory time for the individual traveler. The City will not be responsible for any additional costs associated with extended travel. 7: Follow-Up Council Members shall make an oral report on the meeting or conference during Council Communications as appropriate. Written reports of the highlights of a conference or training program may also be required for employees at the discretion of the City Manager or applicable Department Director, particularly when other individuals in the organization could benefrtfrom such information. 8. Audits of Expense Reports All expenses are subject to verification of compliance with this policy. 9. Exceptions Questions or interpretation of exceptions to the above must be clarified and/or approved by the City Manager in advance of the proposed travel. /s/Dianne Thompson Dianne Thompson City Manager CITY COUNCIL HANDBOOK PAGE 40 CITY OF ARROYO GRANDE TRAVEL REQUEST AND EXPENSE REPORT EXHIBIT A FORM"T"FOR TRAVEL POLICY A-012 Part I -TRAVEL REQUEST INSTRUCTIONS: Prior to travel,prepare Part I, list checks to be issued, obtain required approvals and submit to the Administrative Services Department(Accounts Payable). Name&Title of Requester Date of Request , Date of Trip Conference or Meeting Estimated Cost of Trip Location Account Number Was travel included in Department Budget? Yes No Advance Payments Requested: Date Requested Payable To: Amount. • Total Requested: Signature of Requester Department Director Approval City Manager Approval(if req'd) PART II-EXPENSE REPORT INSTRUCTIONS: Following travel,complete Part II and submit to the Administrative Services Department with receipts,printout of U.S. Government per diem meal schedule for the location of travel,and any balance due to the City if applicable. Final Costs Amount Registration Fees Transportation. Lodging(room charges&taxes only) - Meals Garage/Parking Communications Gratuities Other(please itemize) Total Expenses $ - Less Total Advanced/Paid by City Credit Card Balance Due to:Traveler/(City) $ - I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT STATEMENT OF MY,EXPENDITURES Employee Department Director Approval City Manager Approval(if req'd) Audited By Date Check or Receipt No. CITY COUNCIL HANDBOOK PAGE 41 =mow eF EXHIBIT B POLICY A-012 kr CITY OF ARROYO GRANDE TRAVEL SUBSTITUTE RECEIPT FORM INSTRUCTIONS: If a receipt for eligible travel reimbursement expenses is lost,complete the following and submit with itemized expenses along with Travel Request and Expense Report. 1. Name&Title 2. Date of Request �3. Date of Expense 4. Amount of Expense 5. Description of Expense 6. Name of Business 7. Location of Business 8. Reason Why Receipt is Not Available Signature of Requester Department Director Approval City Manager Approval CITY COUNCIL HANDBOOK PAGE 42 EXHIBIT C: Ethical Standards Policy CITY'OF ARROYO GRANDE ADMINISTRATIVE POLICY AND PROCEDURE POLICY#: A-030 SUBJECT: ETHICAL STANDARDS ISSUED: 10/1/06 EFFECTIVE: 10/1/06 CANCELLATION DATE: N/A SUPERSEDES: New POLICY: It shallbe the City's policy to have fair,ethical and accountable local government,which has earned the public's confidence for its integrity. To do this requires that public officials be independent, impartial and responsible in their judgement and actions to the people. City employees are also in a position of public trust and have an obligation to do their jobs in the spirit of public service. As such, it is the City's policy that City officials and employees conduct themselves in an ethical manner, both on and off the job,and.In a manner that does not present the appearance of a conflict of interest. PROCEDURE: A. Act in the Public Interest • Recognizing that stewardship of the public interest be their primary concern, officials and employees shall work for the common good of the people of Arroyo Grande and not for any private or personal political or financial business interest Officials and employees shall assurefair and equal treatment of all persons, claims and transactions. B. Comply with the Law 'Officials and employees shall comply with all federal, state and local laws in the performance of their duties. These laws include, but are not limited to, the Constitutions of the United States of America and State of California;the City of Arroyo Grande Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government;and other City resolutions and policies. C. Personal Conduct The conduct of officials and employees must be above reproach and avoid the appearance of any impropriety. Officials and employees shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other officials,employees or the public. Officials and employees shall conduct their official and private affairs so as not to give the impression that they CITY COUNCIL HANDBOOK PAGE 43 POLICY#:A-030 ETHICAL STANDARDS PAGE 2 can be improperly influenced in the performance of their duties. Officials and employees will make irripartial decisions, free of bribes, unlawful gifts, narrow political interests and be truthful in what they say and-do. D. Use of Public Resources Officials and employees shall not use public resources that are not available to the public in general for private gain or personal purposes. Officials and employees shall use their titles and City letterhead for official City business related purposes only. E. Respect for Established Processes and Procedures Officials and employees shall perform their duties in accordance with the processes and rules of order established by the City Council, City Manager and boards and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff. F. Conduct of Public Meetings Officials and employees shall prepare themselves for public issues, listen courteously and attentively to all public discussions,and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body,or otherwise interfering with the orderly-conduct of meetings. G. Decisions Based on Merit Officials and employees shall base their decisions on the merits and substance of the matter at hand rather than on unrelated considerations. H. Conflict of Interest To assure independence and impartiality on behalf of the common good,officials and employees shall not use their official positions to influence government decisions in which they have a material financial interest or where they have an organizational responsibility or personal relationship that may give the appearance of a conflict of interest. In accordance with the law, officials and designated employees shall disclose investments, interests in real property, sources of income, and gifts. They shall also abstain from participating in deliberations and decision-making whereconflicts may exist. However,this does not preclude the right of any individual to participate in deliberations as a member of the general public. 1. Gifts and Favors Officials and employees.shall not take any special advantage of services or opportunities for personal gain by virtue of their public office that are not available CITY COUNCIL HANDBOOK PAGE 44 POLICY#:A-030 ETHICAL.STANDARDS PAGE 3 • to the public in general. They shall refrain from accepting any gifts, favors or promises of futurebenefits that might compromise their independence of judgement or action or give the appearance of being compromised. J. Confidentiality Officials and. employees shall respect the confidentiality of information concerning litigation, personnel, property, or other affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal; financial or other private interests. K. Advocacy Officials and employees shall represent official policies and positions of the City to the best of their ability when designated for this purpose. When representing individual opinions and positions, officials and employees shall explicitly state they do not represent their body or the City of Arroyo Grande,nor will they allow the inference that they do. L. Roles of Officials and Employees Officials and employees shall respect and adhere to the Council-Manager structure of government as outlined in the City of Arroyo Grande Municipal Code. In this structure, the City Council determines policies of the City with the advice, information and analysis provided by the public, boards and commissions, and staff. Elected and appointed officials shall not interfere with the administrative functions of the City or professional duties of City staff. City employees shall not take actions that establish or conflict with policy decisions reserved for the City Council's authority. In order to maintain the value of the independent advice of boards and commissions, the City Council shall also refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings. M. Travel To effectively conserve City resources, officials and employees shall attempt to use the most reasonable, economical andcost efficient means of travel related expenditures when conducting City business for which the City may reimburse them. N. Positive Work Place Environment Officials and employees shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Officials and employees shall be committed to • the organization's value statements,which serve as the overall guideline to how officials and employees treat each other and the customers the City serves. CITY COUNCIL HANDBOOK PAGE 45 POLICY#:A-030 ETHICAL STANDARDS PAGE 4 O. Implementation Officials and employees have the primary responsibility to assure that ethical standards are understood and adhered to and that the public can continue to have full confidence in the integrity of its government. Therefore, the following measures shall be taken on an ongoing basis to inform and reinforce the ethical standards of conduct described in this policy and procedure: 1. Ethical standards shall be included in the regular orientation for newly elected and appointed officials, board members and commission members,and employees. 2. Ethics training shall be required every two years for all elected officials, board members and commissioners, and department directors. Training shall be required every three years for all other City employees. Those required to complete training shall have the option of attending and/or participating in programs provided by: a. League of California Cities b. Central Coast Employment Relations Consortium c. Institute for Local Government d. State of California Department of Justice e. Special training programs contracted directly by the City or provided by the City Attorney 3. Each individual shall obtain and provide to the City Clerk a certificate of completion. 4. The Mayor and chairs of boards and commissions have the responsibility to intervene when actions of fellow officials appear to be in violation of the City's Ethics Policy are brought to their attention. If the Mayor or chairperson is the subject of the complaint, the Mayor Pro Tern or vice chairperson shall be responsible. Employees may be subject to disciplinary action when conduct does not comply with these ethical standards. Employees are expected to secure the advice from their department director or City Manager when in doubt about the meaning or application of any conduct requirement applying to their specific situation. Steven Adams City Manager CITY COUNCIL HANDBOOK PAGE 46 EXHIBIT D: Conflict of Interest Code CONFLICT OF INTEREST CODE FOR THE CITY OF ARROYO GRANDE The Political Reform Act, Government Code Section 81000, et seq., requiresstate and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730,.which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, Therefore, the terms of Title 2 of the California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached appendices, Exhibit "A" and Exhibit "B", in which positions are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Arroyo Grande,which is considered the"agency"within the purview of this code. Designated employees, committees, commissions, boards, and consultants shall file. statements of economic interests with the City Clerk of the City of Arroyo Grande, who shall be and will perform the duties of filing officer for the City of Arroyo Grande and who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Upon receiptof the statements of those positions designated in Government Code Section 87200 (members of the City Council and Planning Commission, City Manager, City Attorney, and City Treasurer), the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements of all other designated positions will be retained by the City Clerk in accordance with State law. CITY COUNCIL HANDBOOK PAGE 47 EXHIBIT"A"' APPENDIX OF DESIGNATED POSITIONS The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated.Position:2 Disclosure Category. City Engineer A,B,C Capital Improvement Project Manager A,B,C Associate Engineer A,B,C Assistant Engineer A,B,C Senior Engineer A,B,C Building Official A,B,C Building and Fire Safety Inspector A,B,C Police Chief A,B,C Police Commander A,B,C Director of Public Works A,B,C Utilities Manager A,C Public Works Supervisor A,C Director of Administrative:Services A,B,C. Director of Recreation Services A,B,C Accounting Manager A,C Director•of Legislative and Information Services/City Clerk A,C Information Technology Manager A,C Human Resources Manager A,C: Director of Community Development A,B,C Planning Manager A,B,C Associate Planner A,B,C Assistant Planner A,B,C Executive Assistant/D'eputy City Clerk A,C. Assistant City Attorney A,B,C Deputy City Attorney A,B,C Architectural Review Committee Member A,B,C Downtown Parking.Advisory Board Member A,B,C Historical Resources Committee Member A,B,C Parks and Recreation Commission Member A,B,C Traffic Commission Member A,B,C Successor Agency Board Member A,B,C Consultants 3 Determined on case by-case basis Exempt Officials4 A,B,C 2 In the event that State law or regulations regarding the filing of Conflict of Interest Statements should be amended, this Exhibit shall be changed to-include the designated position and category of each official as required by said amendment. 3 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation. The.City Manager may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described herin. Such written determination shall include-a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. °Exempt Officials include the Mayor, Members of the-City Council,candidates for City offices, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer who are all otherwise required to file disclosure statements pursuant to State Law CITY COUNCIL HANDBOOK PAGE 48 EXHIBIT'S" APPENDIX OF DISCLOSURE CATEGORIES CATEGORIES OF DISCLOSURE FOR DESIGNATED POSITIONS The following shall be the categories of disclosure covered by this Policy: A. Investments California Fair Political Practices Committee("FPPC") Form 700, Schedules A-1 and A-2 B. Interests in Real Property FPPC Form 700, Schedule B C. Income&Business Positions FPPC Form 700, Schedule C, D,and E The officials and employees covered by this policy shall each disclose the categories A, B,and C as designated herein above set forth. OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4848 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10th day of April, 2018. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of April, 2018. aS KELLY W M RE, CITY CLERK