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CC 2024-08-13_09f Updates to the City Council HandbookItem 9.f. MEMORANDUM TO: City Council FROM: Matthew Downing, City Manager BY: Jessica Matson, Legislative & Information Services Director/City Clerk SUBJECT: Updates to the City Council Handbook DATE: August 13, 2024 RECOMMENDATION: 1) Adopt a Resolution approving the updated City Council Handbook; and 2) Find that adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no fiscal impact from this action. BACKGROUND: On December 9, 1997, the City Council adopted a Policy/Procedure for Conducting City Council Business. Due to a number of policies being adopted by various City Council Resolutions, these policies were then compiled into a City Council Operations Manual. On October 24, 2017, the City Council directed staff to develop a more comprehensive and organized document that would combine the City Council’s existing policies with other relevant statutory requirements and regulations governing the responsibilities of the City Council. On April 10, 2018, the City Council adopted a City Council Handbook. On October 25, 2022, the City Council adopted the updated City Council Handbook incorporating Council-adopted policies which had occurred since the 2018 adoption. Council had expressed interest in reviewing the Handbook for necessary updates ahead of a Municipal Election season. ANALYSIS OF ISSUES: The City Council Handbook ("Handbook") is intended to serve as an introduction for future Page 47 of 218 Item 9.f. City Council Updates to the City Council Handbook August 13, 2024 Page 2 Council Members unfamiliar with the operations of the City, serve as a resource guide and compilation of agreed upon operational practices for Council Members throughout their terms, and provide clarity for the public regarding those operational practices . Staff has reviewed the current Handbook and has identified the need for substantive updates, language clean-up, as well as additional content that reflects Council-adopted policies that occurred since the current Handbook was adopted in 2022. Substantive items that have been added to the Handbook include the following: Organizational Chart The City of Arroyo Grande Organizational Chart was updated i n Section 1.2 to reflect service changes in various departments. Additionally, Exhibit A – Expanded Description of City Departments, has been updated to reflect service changes within various departments. Workplace Violence Prevention Plan The City established a Workplace Violence Prevention Plan in compliance with Labor Code Section 6401.9. Section 3.7 has been added to reflect this new Plan. Agenda Order The Agenda order in Section 4.5 has been updated to assist with meeting efficiency. Public Comment Sections 4.7 and 4.8 have been added to provide guidelines for the public’s participation in public meetings including written and oral public comment as well as the use of visual aids during public comment. This section also provides guidelines for applicants, applicant representatives, or appellants who desire to speak at a meeting. Ad Hoc Committees Section 5.1 has been added to provide guidelines for the creation of limited term, limited scope committees comprised of less than a quorum of the Council to serve as an advisory committee of the City Council. City Commissions, Committees, and Boards Section 5.3 regarding appointments has been updated to reflect the changes to the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board. Updates to the list of Appointment of Council Members to Various Local and Regional Boards, Commissions, and Committees Section 5.6 has been updated to remove Boards, Commissions, or Committees that are no longer active and to reflect changes to the Five Cities Fire Authority (FCFA) Joint Powers Authority (JPA) Board. Page 48 of 218 Item 9.f. City Council Updates to the City Council Handbook August 13, 2024 Page 3 Use of City Seal, City Logo, and Police Badge On August 13, 2024, City Council is anticipated to adopt a Resolution designating the City Seal, City Logo, and Police Badge as official symbols of the City of Arroyo Grande. Section 6.4 has been updated to include the policy. Staff recommends adoption of the Resolution approving the updated City Council Handbook (Attachment 1). The Handbook will be maintained on file in the City Clerk's Office, distributed to all Council Members and the City's Executive Team, made available to the public during business hours, and posted on the City website. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt a Resolution approving the updated City Council Handbook; 2. Modify the Handbook and Adopt a Resolution approving the City Council Handbook; 3. Direct that specific changes or additions be made to the Handbook and return to Council at a future date for consideration and approval; or 4. Provide other direction to staff. ADVANTAGES: Approving the updated Handbook will provide a comprehensive document that includes updated policies, procedures, and guidelines that will serve as a reference document for the City Council, staff and the public. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. Adopting the Resolution is not a project subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378.) PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Proposed Resolution Page 49 of 218 ATTACHMENT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE CITY COUNCIL HANDBOOK UPDATE 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 City Council directed staff to develop a comprehensive City Council Handbook and appointed a City Council Subcommittee to work with staff in the development of the Handbook; and WHEREAS, at its meeting on April 10, 2018, the City Council adopted a Resolution approving a City Council Handbook to include the City Council’s existing policies and other relevant statutory requirements and regulations governing the responsibilities of the City Council; and WHEREAS, at its meeting on October 24, 2022, the City Council adopted a Resolution approving a City Council Handbook update; and WHEREAS, staff has reviewed the Handbook and identified the need for some substantive updates, clean-up language as well as content that reflects City Council- adopted policies and direction that occurred since the adoption of the 2022 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 by the City Council of the City of Arroyo Grande as follows: 1. The updated City Council Handbook is hereby approved as set forth in Exhibit A, attached hereto and incorporated herein by this reference in substantially final form. Page 50 of 218 RESOLUTION NO. PAGE 2 2. The City Council Handbook may be amended administratively by the City Clerk's Office to the extent necessary to remain current with Federal, State, and local law, and effectuate specific direction of the City Council. 3. The City Manager is hereby authorized and directed to place copies of the City Council Handbook in suitable places, including on the City website, for the guidance of the public. 4. Adoption of the City Council Handbook hereby supersedes any previous version of the Handbook. 5. This Resolution shall take effect immediately upon its adoption. On motion of Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: The foregoing Resolution was approved this 13th day of August, 2024. Page 51 of 218 RESOLUTION NO. PAGE 3 CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY Page 52 of 218 City of Arroyo Grande City Council Handbook Adopted by the City Council: August 13, 2024 EXHIBIT A Page 53 of 218 Resolution No. THIS PAGE LEFT INTENTIONALLY BLANK Page 54 of 218 TABLE OF CONTENTS 1. INTRODUCTION ............................................................................................... 6 1.1 General Law City ........................................................................................ 6 1.2 City Organization Chart ............................................................................... 7 1.3 Arroyo Grande Municipal Code (AGMC) ......................................................... 7 1.4 City of Arroyo Grande Administrative Policy Manual ........................................ 7 1.5 Diversity, Equity, Inclusion and Justice .......................................................... 8 2. COUNCIL ORGANIZATION & DUTIES ................................................................ 8 2.1 City Council Districts ................................................................................... 8 2.2 Newly-Elected Members .............................................................................. 8 2.3 Appointment of Mayor Pro Tem .................................................................... 8 2.4 Meeting Duties of Mayor and Mayor Pro Tem .................................................. 9 2.5 Seating Order ............................................................................................ 9 2.6 Signing of City Documents ........................................................................... 9 2.7 Representation at Ceremonial Functions ........................................................ 9 2.8 Issuance of Proclamations, Commendations, Special Recognition ..................... 9 2.9 Annual Events .......................................................................................... 10 3. COUNCIL ADMINISTRATION .......................................................................... 10 3.1 Salaries and Benefits ................................................................................ 10 3.2 Travel and Expense Reimbursements .......................................................... 10 3.3 Appointment of City Manager and City Attorney ........................................... 10 3.4 City Council/City Manager Mutual Expectations ............................................ 11 3.5 Ethics Policy ............................................................................................ 13 3.6 Sexual Harassment Prevention Training and Education .................................. 13 3.7 Workplace Violence Prevention Plan…………………………………………………………………….13 3.8 The Brown Act ......................................................................................... 13 3.9 Political Reform Act ................................................................................... 14 4. CONDUCTING CITY COUNCIL BUSINESS ........................................................ 15 4.1 Meetings ................................................................................................. 16 4.2 Attendance / Quorum ............................................................................... 16 4.3 Best Practices of Civility and Civil Discourse ................................................. 17 4.4 Agendas .................................................................................................. 17 4.5 Agenda Order .......................................................................................... 18 Page 55 of 218 4.6 Meeting Procedures .................................................................................. 18 4.7 Public Comment (Written and Oral) …………………………………………………………………….19 4.8 Public Use of Visual Aids at Council Meetings ............................................... 20 4.9 Council Member Requests and Questions ................................................... 211 4.10 Disturbance of City Council Meetings .......................................................... 22 4.11 Council Action Items ................................................................................. 22 4.12 Process for City Council Appeal of Planning Commission Decisions .................. 23 4.13 Televised and Webstreamed Meeting Coverage ............................................ 24 4.14 Flag Display Policy .................................................................................. 244 5. COMMISSIONS/COMMITTEES/BOARDS .......................................................... 24 5.1 Ad Hoc Committees (“Ad Hocs”) ................................................................. 26 5.2 City Commissions, Committees and Boards (“Standing Committees”) ............. 26 5.3 Appointment ............................................................................................ 26 5.4 Removal .................................................................................................. 27 5.5 City of Arroyo Grande Commissioners Handbook .......................................... 27 5.6 Appointment of Council Members to Various Local and Regional Boards, Commissions and Committees .................................................................... 28 5.7 Criteria and Process for Council Representatives Seeking Council Direction or Input on Items Being Considered by Regional or Local Boards and Committees 28 5.8 Appointment of Primary Voting Delegate and Alternate to National League of Cities and/or League of California Cities Annual Conferences ................................... 29 6. COMMUNICATIONS ........................................................................................ 29 6.1 General Communication ............................................................................ 29 6.2 Processing and Delivering of City Council Mail .............................................. 30 6.3 Written Correspondence ............................................................................ 30 6.4 Use of City Seal, City Logo, and Police Badge ............................................... 31 6.5 Speaking Engagements ............................................................................. 31 6.6 Media Relations ........................................................................................ 31 6.7 City Council Protocol Regarding Communications with Project Applicants ......... 31 6.8 Access to Communications/Technology Systems ........................................... 32 6.9 Electronic Communications Prohibited During Meetings ................................. 32 6.10 Electronic Communications Using City-Issued and Personal Devices ................ 33 6.11 Communications with Staff ........................................................................ 34 6.12 Complaints Regarding Performance of Staff ................................................. 34 6.13 Citizen Inquiries ....................................................................................... 34 6.14 Handling of Litigation/Confidential Information ............................................. 34 Page 56 of 218 6.15 Legislative Communications at the Request of City Affiliated Organizations ...... 35 APPENDIX: Reference Table of Amendments ........................................................... 36 EXHIBIT A: Expanded Description of City Departments ............................................. 37 EXHIBIT B: Travel Policy ....................................................................................... 40 EXHIBIT C: Ethical Standards Policy ....................................................................... 49 EXHIBIT D: Conflict of Interest Code ...................................................................... 53 EXHIBIT E: Best Practices of Civility and Civility Discourse ........................................ 56 EXHIBIT F: Display of Flags Policy .......................................................................... 59 EXHIBIT G: Diversity, Equity, Inclusion and Justice Policy ......................................... 65 EXHIBIT H: City Council Districts ........................................................................... 70 EXHIBIT I: Use of City Seal, City Logo, and Police Badge Policy ................................. 76 Page 57 of 218 CITY COUNCIL HANDBOOK PAGE 6 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. A. 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. Page 58 of 218 CITY COUNCIL HANDBOOK PAGE 7 B. City Organization Chart C. 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. D. 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. Page 59 of 218 CITY COUNCIL HANDBOOK PAGE 8 E. Diversity, Equity, Inclusion, and Justice It is the mission of the City to make Arroyo Grande the best place possible for everyone who lives, works and visits Arroyo Grande. The City Council adopted Resolution 5142 adopting a Diversity, Equity, Inclusion, and Justice Policy as a commitment to support diversity, equity, inclusion, and justice in all facets of society and to model and implement the objectives within the community and City organization (Exhibit G). 2. COUNCIL ORGANIZATION & DUTIES 2.1 City Council Districts On April 12, 2022, the City Council adopted Ordinance 713 establishing a by- district election system and created four (4) district boundaries (Exhibit H). By 2024, each Councilmember will be elected by voters within their district boundary for a four-year term. The Mayor continues to be elected at-large for a two-year term. The City Council wishes to remain united in its service to the community and will govern on an at-large basis, considering the needs and interests of the entire community. Professional management of the City will continue to be a Council-Manager form of government under the policy leadership of the City Council as a governing body. City resources will be allocated to address priorities and needs on a citywide basis with a budget adopted by the City Council as a governing body. As customer service is a priority, any Council Member will help any member of the community who contacts them. Current practices regarding invitations of City Council Members to events and activities and appointments to committees and various bodies will remain in effect. 2.2 Newly-Elected Members Newly-elected Council Members are sworn into office generally at a regular 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. 2.3 Appointment of Mayor Pro Tem The City Council appoints a Council Member as Mayor Pro Tem to serve the duties of Mayor in his/her absence. The Mayor Pro Tem shall serve a term of one year. The appointment of the Mayor Pro Tem 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 Tem based upon the seniority of City Council Members that have not yet served in the position of Mayor Pro Tem. City Council Members become eligible to serve as Mayor Pro Tem after serving on the City Council for a period of one year. Page 60 of 218 CITY COUNCIL HANDBOOK PAGE 9 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. 2.4 Meeting Duties of Mayor and Mayor Pro Tem The Mayor shall preside at the meetings of the Council. If he/she is absent or unable to act, the Mayor Pro Tem shall serve until the Mayor returns or is able to act. In the absence of the Mayor and Mayor Pro Tem, the City Clerk shall call the Council to order, whereupon a temporary Chairperson shall be elected by the members of the Council present. 2.5 Seating Order Following the Council reorganization, the City Clerk shall designate the seating order for the Council dais. The Mayor Pro Tem shall sit to the Mayor’s left. 2.6 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 Tem’s signature may be used. 2.7 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 Tem or another Council Member to represent the Council at the function. Voluntary attendance at ceremonial functions by Council Members is encouraged. 2.8 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 m ember of the City Council if the Council Member submits a request to the Mayor or to the City Clerk ahead of the meeting. The announcement will be made at adjournment of the meeting. Page 61 of 218 CITY COUNCIL HANDBOOK PAGE 10 2.9 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. South County Chambers 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. League of California Cities Annual Conference f. League of California Cities Channel Counties Dinners g. Harvest Festival Parade h. Village Holiday Parade i. Arroyo Grande Police Department Santa Cop Program j. Annual Employee Recognition and Awards 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 receives a monthly salary of $798.00, and City Council Members receive a monthly salary of $648.00. 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 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, Page 62 of 218 CITY COUNCIL HANDBOOK PAGE 11 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. In the event a Council Member has issues with, or is concerned about the performance of either the City Manager or City Attorney, or the City Manager or City Attorney has concerns or issues regarding his or her relationship with or treatment by a Council Member, he or she should pursue the following steps in seeking to resolve the issue: a. The issues or concerns should be communicated in an appropriate way, so that the City Manager, City Attorney, or the Council Member is clearly aware of them and can respond constructively in an effort to resolve the matter. b. If the matter is not resolved, request that a closed session be scheduled to discuss the personnel matter consistent with the Brown Act. At the closed session, the City Council and affected individual should seek to resolve the issue or concern, and as appropriate, obtain a clear consensus on the expectations for the individual and/or Council Member and communicate those expectations clearly. c. Depending on the issues or concerns and the circumstances, the City Council may also consider appointing an ad hoc committee to review the matter, meet with the individual, and report back on its recommendations in a follow up closed session. The City Council may also consider retaining a facilitator to meet with the parties to the conflict, to seek solutions to the concerns or issues that have been identified. 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 constructi ve 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. 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. Page 63 of 218 CITY COUNCIL HANDBOOK PAGE 12 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. l. 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. Questions regarding agenda items should be submitted to the City Manager by noon on the Monday prior to a Tuesday Council meeting. 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. Non-emergency communications to the City Manager or Department Directors should be made during regular business hours to the extent reasonably possible. Page 64 of 218 CITY COUNCIL HANDBOOK PAGE 13 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 op enness. k. Immediately communicate to the City Manager any items that are perceived not to be handled in accord with these expectations. l. 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 Workplace Violence Prevention Plan The City established a Workplace Violence Prevention Plan in compliance with Labor Code section 6401.9 to outli ne procedures to handle and respond to reports of workplace violence, inspections to correct workplace violence hazards, emergency response protocols and employee training on the plan. Members of the City Council will be included in annual training to understand job-specific violence hazards and preventative measures. 3.8 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. Notices of regular meetings must be made 72 hours prior to the meeting. Special meetings may be called by the Mayor or a majority of the Page 65 of 218 CITY COUNCIL HANDBOOK PAGE 14 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. 3.9 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 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. 5223 amending the City of Arroyo Grande’s Conflict of Interest Code on September 27, 2022 (Exhibit D). 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 be en 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 agenda, 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. Page 66 of 218 CITY COUNCIL HANDBOOK PAGE 15 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 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 voti ng 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 interpretation s 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 advisory body 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 Page 67 of 218 CITY COUNCIL HANDBOOK PAGE 16 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. 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. 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 Tem in the absence of the Mayor, any Council Member in the absence of the Mayor and Mayor Pro Tem, 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. Council Members may attend meetings remotely, in compliance with all applicable Brown Act or other legal requirements, if in-person attendance is not possible due to extenuating circumstances. If attending a meeting remotely, Council Members are responsible for ensuring that they are using reliable teleconferencing or videoconferencing services. Page 68 of 218 CITY COUNCIL HANDBOOK PAGE 17 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 best practices of civility and civil discourse. The Arroyo Grande City Council adopted Resolution No. 4872 amending the pledge to reaffirm the importance of civility and civil discourse by including a Regional Code of Civility on June 26, 2018 (Exhibit E). 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 appoint ed 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 are not 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, Page 69 of 218 CITY COUNCIL HANDBOOK PAGE 18 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 electronically to members of the City Council no later than 72 hours preceding the Tuesday Council 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.arroyogrande.org. 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 and City Manager Communications City Council Reports (2nd Meeting of Month) Consent Agenda Public Hearings Business Items Community Comments and Suggestions Council Communications Adjournment As permitted by the Brown Act, the City Council Agenda may include a Closed Session before the regular City Council meeting or at the end of the City Council Agenda. 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, Page 70 of 218 CITY COUNCIL HANDBOOK PAGE 19 the vote shall be by roll call. Votes on all ordinances or resolutions shall be by roll call vote. h. Tie votes shall be lost motions. 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. l. 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 Public Comment (Written and Oral) a. Comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to submit written comments at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before 2 p.m. day-of, at, or during a Council meeting are included in the public record and posted to the City’s website. b. “Agenda Correspondence,” in general, includes correspondence and other documents from the public, the City Council, and City staff regarding Council agenda items that are received after the agenda packets have been distributed. Agenda Correspondence may take the following form: letters and emails from citizens; memos of clarification or revision from City staff; liaison reports from the City Council; communication items from the City Council; and late release or added- on agenda reports. c. Agenda Correspondence shall be date-stamped. Agenda Correspondence are distributed by the City Clerk via a Supplemental Memo and made available for public review, if received prior to 2 p.m. on the day-of the meeting. d. The Mayor will invite comments from the public, including in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period of every regular meeting. e. The following are guidelines for providing oral public comments: i. Members of the public may address the City Council on items that are not on the printed agenda during the Community Comments and Suggestions portion of the Agenda. A time limit of three minutes is provided. A speaker may not yield time to another speaker. Page 71 of 218 CITY COUNCIL HANDBOOK PAGE 20 ii. There may only be one person at the podium and using the microphone at a time to speak during the Community Comments and Suggestions portion of the Agenda to ensure that it is clear which speaker is conveying the message and avoid cross-talk. There is an exception to this rule if an additional person is needed to provide language translation services or if there is an accessibility-related need under the ADA. iii. For all hybrid (in-person and via teleconference) meetings, those requesting to speak in-person will be called first, then those requesting to speak via teleconference will be called. iv. Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow up on such items. v. Individuals desiring to speak on an item on the agenda shall: i. Address the Council from the podium or via teleconference after giving their name and city of residence. Speakers shall direct their comments to the Council, not the staff or audience. ii. Comment on the specific matter before the Council with reasons for the position taken. iii. Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding Officer with the consensus of Council Members, in their discretion and after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. A speaker may not yield their time to another speaker. iv. Shall avoid personal attacks, abusive language or other disruptive behavior. vi. Applicants, applicant representatives, or appellants desiring to speak shall: i. Be permitted to speak first prior to the public comment portion of the public hearing for not more than ten (10) total minutes unless extended by vote of the City Council. ii. Address the Council from the podium or via teleconference after giving their name and address, and/or the name and address of the applicant/appellant they are representing , if applicable. iii. Following discussion by Council , and prior to a vote on the item, the applicant, applicant representative or appellant will be entitled to a three-minute rebuttal period upon the applicant’s request. iv. Be permitted to use City audio-visual equipment for their presentation to City Council only if the items are emailed to the City Clerk by 12:00 noon on the day of the meeting so that the items can be scanned for viruses or malware and prepared for viewing in the meeting. Portable storage devices (i.e. USB, flash drive, etc.) will not be accepted (see section 4.8). v. After the public comment portion of the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. Staff and invited guests, meaning those invited by Staff or the City Council to speak on an item because of that speaker’s expertise on Page 72 of 218 CITY COUNCIL HANDBOOK PAGE 21 the item, may speak for such length of time and use such materials or visual aids that are necessary for the legislative body to appropriately deliberate the item, determined at the discretion of the Presiding Officer. 4.8 Public Use of Visual Aids at Council Meetings Applicants, applicant representatives or appellants who desire to utilize electronic visual aids to supplement their oral presentations: a. Must provide display ready material to the City Clerk by 12:00 noon on the day of the meeting via email. i. No data provided to the City Clerk later than 12:00 noon on the day of the meeting will be accepted. ii. Staff may recommend that the presenter produce hard copies of their materials and present the copies to Council during their presentations. iii. Electronic presentations must be provided in a format that can be read on a standard PC-compatible computer running Microsoft Windows or Microsoft Office. iv. Upon receipt, the City Clerk will promptly transmit electronic visual aids to the City’s Information Technology Division for a determination as to whether the material is free of viruses. v. Staff shall preload and queue the electronic visual aid in the City’s media system and display it when the public member is called upon to speak. vi. Members of the public shall not be permitted to connect equipment, devices, or storage media directly to the City’s computer system during a live Council meeting. vii. Members of the public shall not be permitted to access the internet from the City’s computer equipment. viii. Nothing in this Policy is intended to warrant or otherwise guarantee that electronic visual aids will successfully display at a City Council meeting. ix. Members of the public are urged to have hard copies of their presentations available at the City Council meetings in the event a media system malfunction occurs. b. Members of the public shall not wear or display signs, placards, banners, hats, costumes or similar items at any time in the Council Chamber or Committee room that obstruct the view of other audience members. In no event shall signs, placards, banners, props or similar items be larger than 8 ½ by 11 inches, be illuminated, or be attached to any pole, stick or other device. This sub-clause only applies to general public comment. Applicant/appellants may use visual aids as stated in sub-clause a of this section. Staff and invited guests are regulated in the manner provided in Section 4.7 (at the discretion of the Presiding Officer). 4.9 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 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 Page 73 of 218 CITY COUNCIL HANDBOOK PAGE 22 for original consideration on a future agenda requires the concurrence of two other Council Members. b. Proper action will then be taken by staff. 4.10 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 54957.95) 4.11 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 a recommended action, impact on financial and personnel resources, 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 not be passed 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 safety, containing a declaration of the facts constituting the urgency, and passed by a four - fifths vote of the City Council. Page 74 of 218 CITY COUNCIL HANDBOOK PAGE 23 Resolutions A Resolution expresses City Council policy or directs certain types of administrative action and may be changed by a subsequent R esolution. Resolutions are generally effective on the date of adoption. Agreements/Contracts Municipal governments enter 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 acti on 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. 4.12 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. 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. Page 75 of 218 CITY COUNCIL HANDBOOK PAGE 24 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 notify the affected applicant and Planning Commission. 4.13 Televised and Webstreamed Meeting Coverage All regular City Council meetings are held in a hybrid in-person and virtual format in the City Council Chambers and online. Meetings 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 or City Manager 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, a link to the Council meeting video will be placed on the City’s website as soon as possible. 4.14 Flag Display Policy City Council adopted a Resolution adopting a Flag Display Policy to provide guidance and standards for the outdoor display of flags at City facilities, including commemorative flags other than the United States flag, the State of California flag, and City flags (Exhibit F). The desire of the Council is to reflect the role of the Arroyo Grande City Hall as an inclusive gathering location and local symbol of government and democracy. Flying of flags on City facilities is a nonpublic forum for the display of the United States flag, the State of California flag, City flags, and any commemorative flag authorized by the City Council. The City Council shall only consider a request to display a commemorative flag if the request is made by a member of the City Council and another City Council member agrees to place the discussion to authorize such display on the agenda for a regular or special City Council meeting. Four (4) Council Members must agree to display the Commemorative Flag. 5. COMMISSIONS/COMMITTEES/BOARDS The City Council shall appoint committees as deemed necessary for the proper conduct Page 76 of 218 CITY COUNCIL HANDBOOK PAGE 25 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. The City Clerk will maintain a list of all ad hoc and standing committees, and the list of all such committees will be reviewed annually by Council as an agenda item to determine whether such committees should be dissolved or extended, as t he case may be. The list shall include the name of the committee, its purpose, the names of the active members, and in the case of ad hoc committees, the estimated date that it will be dissolved. 5.1 Ad Hoc Committees (“Ad Hocs”) An ad hoc committee is an advisory committee that is comprised solely of less than a quorum of the Council and is formed for a specific task or objective for a limited period of time. Ad hoc committees should be dissolved after the completion of the task or achievement of the objective. They are not subject to the Brown Act, and are distinct from the City Commissions, Committees and Boards discussed below. An ad hoc committee must be limited to members of the legislative body, and in no instance may be comprised of a quorum of the legislative body. This means that only two Councilmembers may serve on an ad hoc committee. Those appointed to an ad hoc committee must take care to only discuss the subject matter of the ad hoc only amongst themselves, and with no other members of the legislative body, to avoid creating a quorum or serial meeting issue. City officials and staff must treat those members of the ad hoc appropriately, meaning that if the Planning Commission creates an ad hoc discussing the same subject matter as an ad hoc formed by the City Council, those two bodies cannot work together and report back to the same legislative body. For example, a Council-formed ad hoc must report back only to the City Council, and a Planning Commission-formed ad hoc must report back only to the Planning Commission. Failure to follow this protocol could cause the ad hocs to be treated as a City Commission, Committ ee, or Board (“Standing Committee”), discussed in the subsequent Section 5.2. Those bodies are subject to the Brown Act’s requirements. Ad hoc committees may be proposed by motion of a Councilmember, which is seconded and receives a majority vote in favor. The motion must identify a specific task or objective of the ad hoc committee and the two members of the proposed ad hoc. The ad hoc committee shall regularly report back to Council on its progress in accomplishing its stated objective. Once the ad hoc committee completes its task or objective, it should report back to the City Council at a noticed public meeting, if contemplated by the ad hoc’s creation. After that time, the ad hoc committee should then be dissolved. Ad hoc committees will be presumed to dissolve two years following their creation, unless they are Page 77 of 218 CITY COUNCIL HANDBOOK PAGE 26 extended for a limited duration by Council upon a factual showing of a need for that committee’s continued existence and why the ad hoc committee was unable to accomplish its stated purpose within the two-year timeframe. 5.2 City Commissions, Committees and Boards (“Standing Committees”) 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 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”). These kinds of bodies are subject to the requirements of the Brown Act. 5.3 Appointment Pursuant to Council Resolution, the City Council appoints representatives to the following City boards, commissions and committees:  Planning Commission  Downtown Parking Advisory Board  Architectural Review Committee  Tourism Business Improvement District (TBID) Board  Community Service Grant Program (CSGP) Committee The Mayor and each Council Member shall appoint one representative to each respective Commission/Board/Committee. All appointments are 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, 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. The TBID Board shall consist of five (5) members, with a pr eference that at least three (3) members shall be owners of lodging businesses within the AGTBID, or others with knowledge of tourism and/or the lodging industry. Members of the Board who are lodging owners shall have a valid permit to operate and be current with TOT payments. It is preferred that members of the CSGP Committee reside within the appointing Council Member’s District, but is not required. TBID Advisory Board members will not be subject to the City’s residency requirements otherwise required of advisory body members. 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 Page 78 of 218 CITY COUNCIL HANDBOOK PAGE 27 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 c onflict 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 Commission/Board/Committee are also subject to the City’s Ethics Policy and training requirements. The City Council also appoints an Arroyo Grande representative to the San Luis Obispo Council of Government’s (SLOCOG) Citizens Transportation Advisory Committee (CTAC). The CTAC provides citizen review and recommendations on agenda items to SLOCOG staff and the SLOCOG Board of Directors. Those seeking appointment to the CTAC must submit an application to the City Clerk’s Office. The City Clerk will then forward the application to the City’s appointee to the SLOCOG Board of Directors for review and recommendation for appointment by the City Council. 5.4 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, or Committee. c. The person no longer meets the eligibility requirements . d. The person fails to attend three (3) consecutive and/or 25% of 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/Board/Committee. A member of City Council, by contrast, may only be removed in the manner authorized by state law and are not subject to the guidelines of this section. 5.5 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 Page 79 of 218 CITY COUNCIL HANDBOOK PAGE 28 general purpose and duties of each commission. 5.6 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  California Joint Powers Insurance Authority (CJPIA)  Central Coast Community Energy (CCCE) Policy Board  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  Five Cities Fire Authority JPA Board of Directors  Homeless Services Oversight Council (HSOC) Board  Integrated Waste Management Authority Board (IWMA)  REACH Economic Development Roundtable  South County Chambers of Commerce Governmental Affairs Committee  South San Luis Obispo County Sanitation District (SSLOCSD) Board  Visit SLO CAL Advisory Board  Zone 3 Water Advisory Board The City Council makes these appointments at the first regular meeting in December following a municipal election. Most appointments include selection of a primary representative and an alternate. 5.7 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: Page 80 of 218 CITY COUNCIL HANDBOOK PAGE 29 i. Items that will result in a one-time or annual direct financial impact to the City of over $100,000 (goods and services), or over $200,000 (public projects). 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 or City Clerk/Director of Legislative & Information 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 “Council Communications” 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.” 5.8 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 Page 81 of 218 CITY COUNCIL HANDBOOK PAGE 30 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 sometimes receive a large volume of mail and other hard copy 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. 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 Secti on 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 Page 82 of 218 CITY COUNCIL HANDBOOK PAGE 31 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 Council correspondence 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, City Logo, and Police Badge The seal, logo, and police badge 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, logo, and police badge 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. [EXHIBIT I] 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 and Legislative & Information Services Director/City Clerk 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 Page 83 of 218 CITY COUNCIL HANDBOOK PAGE 32 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 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 or laptops) 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 Page 84 of 218 CITY COUNCIL HANDBOOK PAGE 33 he or she is in attendance to access the internet or to receive or send emails, text messages or other communications. The presiding officer of the meeting may use electronic devices to receive messages from City staff regarding procedural issues arising during the course of the meeting. 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: 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 b usiness 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 Page 85 of 218 CITY COUNCIL HANDBOOK PAGE 34 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 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 contact 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. Page 86 of 218 CITY COUNCIL HANDBOOK PAGE 35 6.15 Legislative Communications at the Request of City Affiliated Organizations 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 Communications or Council Communications at the next regularly scheduled City Council meeting. Page 87 of 218 CITY COUNCIL HANDBOOK PAGE 36 APPENDIX Reference Table of Amendments DATE DESCRIPTION ACTION 10/28/2022 Addition of Community Service Grant Program Committee to Section 5.2 City Council Direction 10/25/2022 08/13/2024 Adoption of a City Seal, City Logo, and Police Badge Policy (Exhibit I) Resolution No. ___ 08/13/2024 City Council adopted City Council Handbook Update Resolution No. ___ Page 88 of 218 CITY COUNCIL HANDBOOK PAGE 37 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 crit ical services the community depends upon and protecting the community’s heritage, natural resources and quality of life. The City’s Human Resources Officer reports directly to the City Manager. Human Resources includes ensuring compliance with State and Federal employment-related laws and regulations, participating in collective bargaining with employee unions and administering union contracts, Risk Management, Recruitment, Employee Development, Performance Management, administering benefits and worker safety, as well as administering job classifications and compensation plans. 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, and business licensing, and oversees the information technology 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 gen eral direction of the City Manager. Following City Council adoption, the final budget is then prepared. Legislative and Information Services (City Clerk) 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 actio ns 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 Page 89 of 218 CITY COUNCIL HANDBOOK PAGE 38 documents and minutes; and conducting elections for the City. The Legislative and Information Services Department also is responsible for the City’s public information program to include the City’s website, social media, mobile app, local government access channel, and media relations. 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 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, 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 provides staff assistance for the Arroyo Grande Tourism Business Improvement District Advisory Board. 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 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, Downtown Parking Advisory Board, and Community Service Grant 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 engineering division ensures all construction in the public right -of-way related to land development entitlements comply with adopted codes and e ngineering 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 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. Page 90 of 218 CITY COUNCIL HANDBOOK PAGE 39 Five Cities Fire Authority Pursuant to the Joint Exercise of Powers Agreement (JPA) 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 chief is overseen by the Management Committee which is made up of the current City Manager of each Member Agency of the JPA (currently the two member agencies are the City of Arroyo Grande and the City of Grover Beach). The Fire Prevention Division assists in the elimination of fire hazards through the inspection of commercial, residential, and industrial areas. The Fire Division is also responsible for the fire protection requirements on new subdivisions and occupancies. Page 91 of 218 CITY COUNCIL HANDBOOK PAGE 40 EXHIBIT B: Travel Policy Page 92 of 218 CITY COUNCIL HANDBOOK PAGE 41 Page 93 of 218 CITY COUNCIL HANDBOOK PAGE 42 Page 94 of 218 CITY COUNCIL HANDBOOK PAGE 43 Page 95 of 218 CITY COUNCIL HANDBOOK PAGE 44 Page 96 of 218 CITY COUNCIL HANDBOOK PAGE 45 Page 97 of 218 CITY COUNCIL HANDBOOK PAGE 46 Page 98 of 218 CITY COUNCIL HANDBOOK PAGE 47 Page 99 of 218 CITY COUNCIL HANDBOOK PAGE 48 Page 100 of 218 CITY COUNCIL HANDBOOK PAGE 49 EXHIBIT C: Ethical Standards Policy Page 101 of 218 CITY COUNCIL HANDBOOK PAGE 50 Page 102 of 218 CITY COUNCIL HANDBOOK PAGE 51 Page 103 of 218 CITY COUNCIL HANDBOOK PAGE 52 Page 104 of 218 CITY COUNCIL HANDBOOK PAGE 53 EXHIBIT D: Conflict of Interest Code Page 105 of 218 CITY COUNCIL HANDBOOK PAGE 54 Page 106 of 218 CITY COUNCIL HANDBOOK PAGE 55 Page 107 of 218 CITY COUNCIL HANDBOOK PAGE 56 EXHIBIT E – BEST PRACTICES OF CIVILITY AND CIVIL DISCOURSE Page 108 of 218 CITY COUNCIL HANDBOOK PAGE 57 Page 109 of 218 CITY COUNCIL HANDBOOK PAGE 58 Page 110 of 218 CITY COUNCIL HANDBOOK PAGE 59 EXHIBIT F – FLAG DISPLAY POLICY Page 111 of 218 CITY COUNCIL HANDBOOK PAGE 60 Page 112 of 218 CITY COUNCIL HANDBOOK PAGE 61 Page 113 of 218 CITY COUNCIL HANDBOOK PAGE 62 Page 114 of 218 CITY COUNCIL HANDBOOK PAGE 63 Page 115 of 218 CITY COUNCIL HANDBOOK PAGE 64 Page 116 of 218 CITY COUNCIL HANDBOOK PAGE 65 EXHIBIT G – DIVERSITY, EQUITY, INCLUSION, AND JUSTICE POLICY Page 117 of 218 CITY COUNCIL HANDBOOK PAGE 66 Page 118 of 218 CITY COUNCIL HANDBOOK PAGE 67 Page 119 of 218 CITY COUNCIL HANDBOOK PAGE 68 Page 120 of 218 CITY COUNCIL HANDBOOK PAGE 69 Page 121 of 218 CITY COUNCIL HANDBOOK PAGE 70 EXHIBIT H – CITY COUNCIL DISTRICTS Page 122 of 218 CITY COUNCIL HANDBOOK PAGE 71 Page 123 of 218 CITY COUNCIL HANDBOOK PAGE 72 Page 124 of 218 CITY COUNCIL HANDBOOK PAGE 73 Page 125 of 218 CITY COUNCIL HANDBOOK PAGE 74 Page 126 of 218 CITY COUNCIL HANDBOOK PAGE 75 Page 127 of 218 CITY COUNCIL HANDBOOK PAGE 76 EXHIBIT I – CITY SEAL, CITY LOGO, AND POLICE BADGE POLICY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DESIGNATING THE CITY SEAL, CITY LOGO, AND POLICE BADGE AS OFFICIAL SYMBOLS OF THE CITY OF ARROYO GRANDE WHEREAS, the City of Arroyo Grande does not currently have a policy specifically designating the City Seal, City Logo, and Police Badge as official symbols; and WHEREAS, the City Council desires to establish a City Seal, City Logo, and Police Badge use policy that provides guidance and standards for use of the symbols; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that: 1. The City Council finds and declares as follows: A. It is in the public interest to establish a policy guiding the appearance of the City Seal and distinctive devices, including badges, incorporating the City Seal. The City Seal is a symbol of the authority and jurisdiction of the City, and as such, is a valuable asset of the City and its citizens; B. The City Seal should only be used when conducting official City business as unauthorized use of the City Seal may mislead the public; and C. The most appropriate method of implementing such a policy is to adopt this resolution and authorize the City Manager to implement the provisions specified within this resolution. 2. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this resolution: A. “City Seal” means the current Seal, any and all prior versions of the City’s Seal, or any graphic representation that simulates, approximates or resembles the City’s Seal and contains the City’s name. The image of the City Seal is substantially the same as the form shown in Exhibit A and incorporated by this reference. B. “City Logo” means the official logo of the City of Arroyo Grande that is displayed on City documents, stationary, uniforms, and monument signs, the image of which is substantially the same as shown on Exhibit B and incorporated by this reference. C. “Police Badge” means the distinctive device worn as a sign of membership in and authority of the Arroyo Grande Police Department. The Police Badge identifies the wearer as an Arroyo Grande Police Officer. The image of the Police Badge is substantially the same as the form shown on Exhibit C, and incorporated by this reference. DRAFT Page 128 of 218 CITY COUNCIL HANDBOOK PAGE 77 3. City Seal, City Logo, and Police Badge Designated Official Symbols. A. The City Seal is designated the official seal of the City of Arroyo Grande. B. The City Logo is designated the official logo of the City of Arroyo Grande. C. The Police Badge is designated the official badge of the Arroyo Grande Police Department. SECTION 4: Alteration of City Seal, City Logo, and Police Badge. The City Seal, City Logo, and Police Badge cannot be altered unless such alterations are approved by resolution of the City Council. SECTION 5: Prohibition. No person can make, reproduce, manufacture, display or use the City Seal or City Logo or Police Badge, or their design, or any design so closely resembling the same as to deceive or be reasonably mistaken for the City Seal or City Logo, for any purpose other than for official City business, a City-sponsored event or publication, or a City-endorsed event or publication, without the approval of the City Council. SECTION 6: Authorization. The City Manager or their designee is broadly authorized to promulgate administrative policies and procedures to implement the purpose and direction set forth in this Resolution that the City Seal, City Logo, and Police Badge be used only for official and authorized purposes. SECTION 7: This Resolution will become effective immediately upon adoption and will remain effective unless superseded or repealed. SECTION 8: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. On motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 13th day of August, 2024. Page 129 of 218 CITY COUNCIL HANDBOOK PAGE 78 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ____________________________________ MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ____________________________________ ISAAC ROSEN, CITY ATTORNEY Page 130 of 218 CITY COUNCIL HANDBOOK PAGE 79 EXHIBIT A CITY SEAL Page 131 of 218 CITY COUNCIL HANDBOOK PAGE 80 EXHIBIT B CITY LOGO Page 132 of 218 CITY COUNCIL HANDBOOK PAGE 81 EXHIBIT C POLICE BADGE Page 133 of 218