CC 2018-04-10_12c City Council Handbook
MEMORANDUM
TO: CITY COUNCIL
FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION
SERVICES/CITY CLERK
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING THE CITY
COUNCIL HANDBOOK
DATE: APRIL 10, 2018
SUMMARY OF ACTION:
Approval of a comprehensive City Council Handbook that includes guidelines,
procedures, statutory requirements and regulations that will serve as a reference
document for the City Council, staff, and the public.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no fiscal impact from this action.
RECOMMENDATION:
It is recommended the Council adopt a Resolution approving the City Council
Handbook.
BACKGROUND:
On December 9, 1997, the City Council adopted a Policy/Procedure for Conducting City
Council Business. Over the years, the policy has been reviewed from time to time and
modified as appropriate. Since that time, a number of additional policies have been
adopted by various City Council Resolutions. These policies have been compiled into a
City Council Operations Manual (“Operations Manual”) (Attachment 1). The existing
Operations Manual contains the following:
1. Introduction
2. Policy/Procedure for Conducting City Council Business
3. City Council/City Manager Mutual Expectations
4. City Council Appointments
5. Process for City Council Appeal of Planning Commission Decisions
6. City Council Protocol Regarding Communications with Project Applicants
7. Electronic Communications During Meetings
8. Guidelines for Council Direction on Items from Appointed Boards and
Commissions
9. Council Communications
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CITY COUNCIL
CONSIDERATION OF A RESOLUTION APPROVING THE CITY COUNCIL
HANDBOOK
APRIL 10, 2018
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There are a number of other statutory requirements and regulations governing the
responsibilities of the Council that are not contained in the current Operations Manual,
and the process for amending existing policies and/or adopting new policies by
Resolution makes it difficult to compile the policies into the Operations Manual in a
logical and orderly fashion.
At its October 24, 2017 meeting, the Council directed staff to develop a more
comprehensive and organized document that would combine the Council’s existing
policies with other relevant statutory requirements and regulations governing the
responsibilities of the Council. The Council also appointed a Subcommittee consisting
of Mayor Pro Tem Ray and Council Member Barneich to work with the City Clerk to
develop a new document for the Council’s consideration.
ANALYSIS OF ISSUES:
Staff researched and reviewed the contents of over twenty (20) City Council
Manuals/Handbooks from a range of cities throughout the State. As a result of this
review, an initial draft was prepared that compiled and organized all of the City’s
existing policies into one document. Content was added regarding current operational
practices and procedures, as well as common references to various State or City
regulations governing the City Council (i.e., Brown Act, Political Reform Act, etc). The
City Council Handbook ("Handbook") is intended to serve as an introduction for future
Council Members unfamiliar with the operations of the City, as well as to serve as a
resource guide and compilation of agreed upon operational practices for Council
Members throughout their term.
The City Clerk met with the Subcommittee on January 29, 2018 and February 5, 2018
to review and provide comments and suggestions on the draft Handbook. As noted
above, a majority of content in the proposed Handbook consists of existing policies and
procedures previously adopted by the Council. Those items are highlighted in yellow in
the Table of Contents of the proposed Handbook for easy reference. The Subcommittee
did not make any content changes to these items. It is recommended that any proposed
changes to existing policies and procedures be discussed and directed by the Council
during review of the Handbook.
The new Handbook contains the following Table of Contents:
1. Introduction
2. Council Organization & Duties
3. Council Administration
4. Conducting City Council Business
5. Commissions/Committees/Boards
6. Communications
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CITY COUNCIL
CONSIDERATION OF A RESOLUTION APPROVING THE CITY COUNCIL
HANDBOOK
APRIL 10, 2018
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Much of the new content reflects current operational practice or is consistent with State
law and the City’s Municipal Code. It should be noted; however, that a new section has
been added regarding legislative communications (Section 6.15). Currently, there are
no approved guidelines or policies in place that address responding to requests for
positions on proposed legislation or other proposals. Section 6.15 of the proposed
Handbook includes a legislative platform policy in order to facilitate the Council’s ability
to take a position on a piece of legislation or other proposal. This policy was previously
considered by the Council in 2016, but was not approved at that time. From time to
time, the City is asked by the League of California Cities and other City-affiliated
organizations to take a support and/or oppose position on a particular piece of
legislation and/or proposal. Sometimes these requests are time sensitive such that
there isn’t an opportunity to place the item on a regular City Council agenda. It is
recommended the Council reconsider this particular policy and make any modifications
deemed necessary in order to provide the City with more flexibility in responding to such
requests.
Some of the more substantive items that have been added to the Handbook relate to
the issuance of commendations, proclamations, and special recognition consistent with
current operational practice (2.7); descriptions of various Council action items (4.10);
televised and webstreamed meeting coverage (4.12); processing and delivering of City
Council mail based on current operational practice (6.2); use of the City Seal and City
Logo (6.4); and electronic communications using City-issued and personal devices
(6.10) in response to a California Supreme Court ruling in early 2017 in the case of City
of San Jose v. Superior Court. Also included at the back of the Handbook are Exhibits
containing an expanded description of City departments and Council adopted policies
relating to the City’s conflict of interest code, ethical standards and travel.
If approved, the City Council Handbook will replace the City Council Operations Manual.
The Handbook will be maintained on file in the City Clerk’s Office, distributed to all
Council Members and the City’s Executive Management 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 City Council Handbook;
2. Modify the Handbook and adopt a Resolution approving the City Council
Handbook;
3. Direct 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 Handbook will provide a comprehensive document that includes policies,
procedures, and guidelines that will serve as a reference document for the City Council;
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CITY COUNCIL
CONSIDERATION OF A RESOLUTION APPROVING THE CITY COUNCIL
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APRIL 10, 2018
PAGE 4
will serve as a guide for future Council Members; and enable the City Council to
effectively compile, maintain and implement operational practices that are agreed upon.
DISADVANTAGES:
No disadvantages are identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
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.
Attachment:
1. Current City Council Operations Manual
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING THE CITY COUNCIL
HANDBOOK
WHEREAS, in 1997, the City Council adopted by Resolution a Policy/Procedure for
Conducting City Council Business, which has been reviewed from time to time and
amended as appropriate; and
WHEREAS, since that time, the City Council has adopted various Resolutions creating
additional policies and guidelines, all of which are compiled into the City Council
Operations Manual; and
WHEREAS, at its meeting on October 24, 2017, the Council directed staff to develop a
comprehensive City Council Handbook and appointed a Council Subcommittee consisting
of Mayor Pro Tem Ray and Council Member Barneich to work with staff in the
development of the Handbook; and
WHEREAS, the City of Arroyo Grande City Council Handbook provides a summary of
relevant statutory requirements, regulations, policies and procedures governing
responsibilities of the City Council that will serve as a reference document for the City
Council, serve as an introduction for future Council Members unfamiliar with the operations
of the City of Arroyo Grande; and enable the City Council to effectively compile, maintain,
and implement operational practices that are agreed upon.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby resolve as follows:
1. The City Council Handbook is hereby approved as set forth in Exhibit A, attached
hereto and incorporated herein by this reference.
2. The City Council Handbook may be amended administratively by the City Clerk’s
Office in order to remain current with Federal, State, and local law.
3. The City Manager is hereby authorized and directed to place copies of the City
Council Handbook in suitable places for the guidance of the public.
4. Adoption of the City Council Handbook hereby supercedes the City Council
Operations Manual.
5. This Resolution shall take effect immediately upon its adoption.
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RESOLUTION NO.
PAGE 2
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 ____ day of ______, 2018.
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RESOLUTION NO.
PAGE 3
______________________________________
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
______________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
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City of Arroyo Grande
City Council Handbook
Adopted by the City Council:
______, 2018, Resolution No. ___
DRAFT
EXHIBIT A
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THIS PAGE LEFT INTENTIONALLY BLANK
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TABLE OF CONTENTS
1. INTRODUCTION ............................................................................................... 5
1.1 General Law City ...................................................................................... 5
1.2 City Organization Chart ............................................................................. 6
1.3 Arroyo Grande Municipal Code (AGMC) ........................................................ 6
1.4 City of Arroyo Grande Administrative Policy Manual ....................................... 6
2. COUNCIL ORGANIZATION & DUTIES ................................................................ 7
2.1 Newly-Elected Members ............................................................................ 7
2.2 Appointment of Mayor Pro Tem .................................................................. 7
2.3 Meeting Duties of Mayor and Mayor Pro Tem ................................................ 7
2.4 Seating Order .......................................................................................... 7
2.5 Signing of City Documents ......................................................................... 7
2.6 Representation at Ceremonial Functions ...................................................... 8
2.7 Issuance of Proclamations, Commendations, Special Recognition ..................... 8
2.8 Annual Events .......................................................................................... 8
3. COUNCIL ADMINISTRATION ............................................................................ 8
3.1 Salaries and Benefits ................................................................................ 8
3.2 Travel and Expense Reimbursements .......................................................... 9
3.3 Appointment of City Manager and City Attorney ............................................ 9
3.4 City Council/City Manager Mutual Expectations ............................................. 9
3.5 Ethics Policy ........................................................................................... 11
3.6 Sexual Harassment Prevention Training and Education .................................. 11
3.7 The Brown Act ........................................................................................ 11
3.8 Political Reform Act .................................................................................. 11
4. CONDUCTING CITY COUNCIL BUSINESS......................................................... 13
4.1 Meetings ................................................................................................ 14
4.2 Attendance / Quorum ............................................................................... 14
4.3 Best Practices of Civility and Civil Discourse ................................................ 14
4.4 Agendas ................................................................................................. 15
4.5 Agenda Order ......................................................................................... 16
4.6 Meeting Procedures ................................................................................. 16
4.7 Addressing the City Council ....................................................................... 17
4.8 Council Member Requests and Questions .................................................... 17
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4.9 Disturbance of City Council Meetings .......................................................... 18
4.10 Council Action Items ................................................................................ 18
4.11 Process for City Council Appeal of Planning Commission Decisions .................. 19
4.12 Televised and Webstreamed Meeting Coverage ............................................ 20
5. COMMISSIONS/COMMITTEES/BOARDS .......................................................... 20
5.1 City Commissions, Committees and Boards ................................................. 20
5.2 Appointment ........................................................................................... 21
5.3 Removal ................................................................................................ 22
5.4 City of Arroyo Grande Commissioners Handbook .......................................... 22
5.5 Appointment of Council Members to Various Local and Regional Boards,
Commissions and Committees ................................................................... 22
5.6 Criteria and Process for Council Representatives Seeking Council Direction or
Input on Items Being Considered by Regional or Local Boards and Committees 23
5.7 Appointment of Primary Voting Delegate and Alternate to National League of Cities
and/or League of California Cities Annual Conferences ................................... 24
6. COMMUNICATIONS ........................................................................................ 24
6.1 General Communication ........................................................................... 24
6.2 Processing and Delivering of City Council Mail .............................................. 24
6.3 Written Correspondence ........................................................................... 25
6.4 Use of City Seal and City Logo ................................................................... 25
6.5 Speaking Engagements ............................................................................ 26
6.6 Media Relations ....................................................................................... 26
6.7 City Council Protocol regarding Communications with Project Applicants .......... 26
6.8 Access to Communications/Technology Systems .......................................... 27
6.9 Electronic Communications Prohibited during Meetings .................................. 27
6.10 Electronic Communications Using City-Issued and Personal Devices ................ 27
6.11 Communications with Staff ....................................................................... 28
6.12 Complaints Regarding Performance of Staff ................................................. 29
6.13 Citizen Inquiries ...................................................................................... 29
6.14 Handling of Litigation/Confidential Information ............................................ 29
6.15 Legislative Communications at the Request of City Affiliated Organizations ...... 29
APPENDIX: Reference Table of Amendments ........................................................... 30
EXHIBIT A: Expanded Description of City Departments ............................................. 31
EXHIBIT B: Travel Policy ...................................................................................... 33
EXHIBIT C: Ethical Standards Policy ...................................................................... 42
EXHIBIT D: Conflict of Interest Code...................................................................... 46
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1. INTRODUCTION
The City Council Handbook includes policies and procedures approved by the City
Council regarding City Council activities. The objectives of the Manual are to:
a) Serve as a reference document for the City Council;
b) Provide comprehensive orientation information for new City Council
Members; and
c) Enable the City Council to effectively compile and maintain operational
practices that are agreed upon.
The guidelines and protocols set forth herein are not intended to limit the
inherent power and general legal authority of the City Council. Any of the
protocols herein may be waived by a majority vote of the Council Members when
it is deemed that there is good cause to do so based upon the particular
facts and circumstances.
The policies shall be amended by a majority vote of the City Council and may
be amended administratively by the City Clerk’s Office in order to remain
current with federal, state, and local law.
1.1 General Law City
Arroyo Grande was incorporated as a city on July 10, 1911. Arroyo Grande is
a general law city and the City Council is the governing body. The City
Council is vested with all the regulatory and corporate powers of a municipal
corporation provided for by state law governing general law cities.
Certain state laws and other established regulations exist, which
govern various responsibilities of the City Council. This manual is not
intended to duplicate, fully articulate all requirements, or repeal any
existing statutes or regulations. City Council Members are responsible for
becoming familiar with these statutes and regulations.
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1.2 City Organization Chart
1.3 Arroyo Grande Municipal Code (AGMC)
Since the City of Arroyo Grande is a General Law City, as opposed to a
Charter City, its City Council must act within the framework of limitations
and procedures established by State Law. Local laws are established by
Ordinance and are compiled in the AGMC. The Municipal Code sets forth
the regulatory, penal and administrative laws of general application to the
City. These laws are enforceable by the City, and violations thereof can
constitute a misdemeanor or an infraction. Other directives and policies of
the City Council are recorded in Council Ordinances, Resolutions or by
minute action of the Council.
1.4 City of Arroyo Grande Administrative Policy Manual
The Administrative Policy Manual consolidates all administrative policies
and procedures of a general or inter-departmental nature into one City
document. Administrative regulations meet the following criteria: 1) are
directed toward an ongoing City process or procedure; 2) are limited to
one major subject area; and 3) are applicable to more than one City
department. Administrative regulations are issued from the City
Manager’s Office. Certain administrative policies that pertain to City
Council Members are included as Exhibits to this Manual and/or will be
provided to members at the time of assuming office.
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2. COUNCIL ORGANIZATION & DUTIES
2.1 Newly-Elected Members
Newly-elected Council Members are sworn into office generally at a
special meeting in December following a regular municipal election.
Immediately upon election (even before being sworn into office),
newly-elected Council Members are subject to the provisions of the Brown
Act.
A reception is traditionally held immediately following the reorganization
meeting.
2.2 Appointment of Mayor Pro Tem
The City Council appoints a Council Member as Mayor Pro 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. If two Members of the City Council have the same seniority, the order
of rotation will be based upon time served on a City Council appointed
Commission and/or Committee prior to being elected to the City Council.
2.3 Meeting Duties of Mayor and Mayor Pro 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.
2.4 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.
2.5 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts/agreements and other documents which have been adopted by the
City Council and require an official signature, except when the City Manager
has been authorized by Council action to sign such documents. In the event
the Mayor is unavailable or has a conflict of interest, the Mayor Pro Tem’s
signature may be used.
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2.6 Representation at Ceremonial Functions
The Mayor shall represent the Council at ceremonial functions. The
Mayor may, at his/her own discretion, ask the Mayor Pro Tem or
another Council Member to represent the Council at the function.
Voluntary attendance at ceremonial functions by Council Members is
encouraged.
2.7 Issuance of Proclamations, Commendations, Special Recognition
PROCLAMATIONS AND COMMENDATIONS: All requests for proclamations
are subject to the review and approval of the City Manager or his/her
designee, or Mayor. Proclamations and commendations are signed by the
Mayor, and are prepared in response to the type of recognition requested
(which may include recognition of individuals, groups, and events of
significance to the Arroyo Grande community). Proclamations and
commendations may be presented at a City Council meeting or at an
outside event or meeting. Typically, requests are honored for presentation
at a Council meeting only if a local representative from the requesting
party can appear to accept the proclamation or certificate.
IN MEMORY OF: A meeting may be adjourned in memory of an
individual at the direction of the Mayor or a member of the City
Council. The announcement will be made following roll call. If the
meeting is so adjourned, the individual’s family will be mailed a letter by
the City Clerk’s Office acknowledging the adjournment.
2.8 Annual Events
There are a number of Annual Events that the Mayor and Council Members
may attend or participate in, including but not limited to the following:
a. City of Arroyo Grande Volunteer Recognition Dinner
b. Arroyo Grande-Grover Beach Chamber of Commerce Annual
Installation Dinner
c. League of California Cities New Mayors and Council Members Academy
d. Tip-A-Cop Dinner/Fundraiser for Special Olympics
e. Strawberry Festival
f. Arroyo Grande Grover Beach Chamber of Commerce Mega Mixer
g. League of California Cities Annual Conference
h. Harvest Festival Parade
i. Village Christmas Parade
j. Arroyo Grande Police Department Santa Cop Program
k. Annual Holiday and Employee Recognition Luncheon
3. COUNCIL ADMINISTRATION
3.1 Salaries and Benefits
AGMC Chapter 2.04 sets forth that Council compensation is established by
City Council Resolution. Currently, the Mayor and City Council Members
receive a monthly salary of $405.00. The City contributes an amount
equivalent to that received by management employees towards the Mayor
and Council Member’s participation in medical, dental and vision insurance.
Any unexpended amount shall not be distributed to the Mayor and Council
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Members in cash. If the Mayor and Council Members elect to opt out of
medical, dental and vision, that individual will not receive the opt out
amount.
3.2 Travel and Expense Reimbursements
The Council shall establish in the biennial budget funding for conferences,
meetings, training, and representation at ceremonial functions. Council
Members shall attend these functions at his/her own discretion for purposes
of improving comprehension of and proficiency in municipal affairs and/or
legislative operations.
The expenses of spouses who accompany public officials in the conduct of
their public duties cannot be reimbursed [75 Cal. Op. Att’y. Gen. 20
(1992)].
Council Members shall be subject to the City’s Administrative Policy and
Procedures for travel and expense reimbursement. Council Members shall
make an oral report on the meeting or conference during Council
Communications as appropriate (EXHIBIT B).
3.3 Appointment of City Manager and City Attorney
The City Manager shall be appointed by the City Council solely on the basis
of his/her executive and administrative qualifications (AGMC Section
2.08.020). The powers and duties of the City Manager are set forth in AGMC
Section 2.08.070. The City Council shall conduct an annual evaluation for
the City Manager in closed session.
The City Attorney shall be appointed by the City Council and shall serve as
legal counsel to the City government and all officers, departments, boards,
commissions, and agencies thereof. The powers and duties of the City
Attorney are prescribed by State law. The City Council shall conduct an
annual evaluation for the City Attorney in closed session.
3.4 City Council/City Manager Mutual Expectations
The following mutual expectations have been agreed upon by the City
Council and City Manager regarding their respective roles and support the
successful operation of the City Manager/Council form of government. They
serve as a general framework to foster a constructive working relationship
and provide new Council Members an overall outline of how we have
committed to operate. They may also serve as a basis for discussion to
resolve potential problems or when changes in the expectations are desired.
Expectation of City Manager
a. Promote a high level of customer service to be provided by the
organization.
b. Clearly communicate to the City Council the operational impacts of
policy decisions and direction.
c. Deal with the City Council, staff and community in an up front and
honest manner at all times.
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d. Be responsive to Council direction and needs and keep Council
members informed of key issues, activities and follow-up to requests.
Take necessary steps to avoid surprises for Council in public.
e. Provide information equally to all Council members.
f. Provide complete information regarding an issue or item. Never
manipulate information in order to promote one viewpoint.
g. Ensure staff reports include alternatives, potential impacts of each
alternative and staff’s best recommendation.
h. Be fully committed to successfully implementing City Council’s
decisions, whether or not they are consistent with staff’s
recommendations.
i. Involve the community in planning activities regarding issues
impacting the public and make every effort to develop a consensus on
issues in which there are differing viewpoints.
j. Demonstrate and insist from all staff the highest level of ethics and
integrity.
k. Be an active and visible member of the community.
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.
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.
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f. Treat staff in a respectful manner at all times. Recognize good work
by staff. Communicate any concerns involving staff to the City
Manager. Refrain from criticizing staff in public.
g. Prevent disagreements with each other, the City Manager or staff from
becoming personal. Commit to and support teambuilding efforts when
necessary and appropriate.
h. Provide feedback on an ongoing basis.
i. In addition to ongoing communications, meet individually with the City
Manager at least monthly for Council members and twice a month for
the Mayor.
j. Seek and provide honesty, directness and openness.
k. Immediately communicate to the City Manager any items that are
perceived not to be handled in accord with these expectations.
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 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 City Council and must be noticed 24 hours prior to the
time of the meeting. The Open & Public Guide to the Ralph M. Brown Act
will be provided to all Council Members upon assuming office.
3.8 Political Reform Act
The Political Reform Act states that public officials shall perform their
duties in an impartial manner, free from bias caused by their own financial
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interests or the financial interests of persons who have supported them.
The Political Reform Act establishes regulations regarding conflicts of
interests and campaign receipts and expenditures. (Government Code,
Title 9, Sections 81000- 91015)
Conflict of Interest - General Provisions of the Law
The Political Reform Act requires state and local government agencies to
adopt a Conflict of Interest Code, which shall be reviewed biennially in
even-numbered years. The Arroyo Grande City Council adopted Resolution
No. 4757 amending the City of Arroyo Grande’s Conflict of Interest Code
on September 13, 2016 (Exhibit C).
The Political Reform Act regulates conflicts of interest through disclosure
and prohibition of participation in decisions, which constitutes conflicts of
interest. Specifically, it requires City Council Members and other public
officials to annually disclose all financial interests that may be affected by
decisions made in their official capacity; this includes interests such as
investments, real property, income, and gifts.
Council Members must disqualify themselves from making or participating
in making or influencing any governmental decision that will have a
foreseeable material financial effect on any economic interest of the
Council Member or certain family members. Government Code Section
87105 states that a Council Member who has a conflict of interest must
take the following steps after determining that a conflict of interest exists
under the Political Reform Act:
a. Publicly identify the financial interest. This must be done in enough
detail for the public to understand the financial interest that creates
the conflict of interest. Note: Residential street addresses do not
have to be disclosed.
b. Recuse yourself from both the discussion and the vote on the matter.
You must recuse yourself from all proceedings related to the matter.
c. Leave the room until the matter has been completed. The matter is
considered complete when there is no further discussion, vote or any
other action.
Exception: According to the FPPC, if the matter is on the consent calendar,
you do not have to leave the room.
Exception: Under limited circumstances, if you wish to speak during public
comment, you may do so as long as you have complied with the
disclosure and recusal requirements, left the dais and the matter you
appear on is related solely to your personal interest.
Government Code Section 1090
Government Code Section 1090 is similar to the Political Reform Act, but
applies only to City contracts in which a public official has a financial
interest. The financial interests covered by GC §1090 are different from
those in the Political Reform Act. Having an interest in a contract may
preclude the City from entering into the contract at all, even if the
individual Council Member with the conflict recuses him or herself. In
addition, the penalties for violating GC §1090 are severe. If a Council
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Member believes that he or she may have any financial interest in a
contract that will be before the Council, the member should immediately
seek advice from the City Attorney and/or the Fair Political Practices
Commission.
Gifts
Council Members should carefully consider and monitor “gifts” from any
person or organization whether the gift be financial support, loans, event
tickets or passes, meals, etc. Many of these gifts may need to be
reported and may present a conflict of interest when considering and/or
voting on projects or issues related to the person presenting the gift.
Advice
It is critical to note that compliance with the State’s conflict of interest
laws is each public official’s personal responsibility. While the City
Attorney can render advice on the interpretation of State laws and
regulations on conflict matters, such advice is solely an interpretation of
the law. The only authority that can provide binding interpretations and
possible immunity from civil or criminal liability on such matters is the Fair
Political Practices Commission (FPPC). Council Members or the full Council
are encouraged to solicit opinions on such matters directly from the FPPC.
It is also important to keep in mind that the City Attorney represents the
City and City Council as a whole and not individual Council Members.
FPPC Filing Requirements
Elected officials file a Statement of Economic Interest (Form 700) to
disclose certain investments, interests in real property, sources of income,
gifts, loans and business positions within 30 days of assuming office;
annually by April 1st covering the previous calendar year or from the last
filing period, as required; and within 30 days of leaving office. Certain
City commission members and designated City employees are also subject
to this disclosure requirement.
Form 460/470 – Campaign Disclosure Statements (Form 460 or 470) are
filed annually in July; or semi-annually in January and July as required by
the FPPC.
4. CONDUCTING CITY COUNCIL BUSINESS
The following guidelines are to assist the City Council in the conduct of City
business and are procedural only. Failure to strictly observe such procedures shall
not affect the jurisdiction of the Council nor invalidate any action taken at a
meeting that is otherwise held in conformance with the law.
Except as otherwise provided for in this Handbook, any special rule adopted by the
City Council, or as otherwise provided by state statute, the procedures of the City
Council meetings shall be governed by the latest revised edition of “Sturgis
Standard Code of Parliamentary Procedure”, as modified by Council practices. The
City Attorney is designated as the parliamentarian for City Council meetings. The
City Manager shall preside as the parliamentarian in the City Attorney’s absence.
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4.1 Meetings
City Council Meetings
The City Council shall meet in regular session on the second and fourth
Tuesday of each month.
Business at regular sessions shall be conducted from 6:00 PM to 11:00 PM
only, unless extended by unanimous consent of the City Council Members
present.
A special meeting may be called at any time by the presiding officer (Mayor)
or by a majority of the City Council.
The Council may adjourn any regular, or special meeting, to a time and
place specified in the order of adjournment pursuant to the procedures set
forth in the Brown Act.
A regular meeting may be cancelled by a majority vote of the Council.
Historically, it has been the Council’s policy to cancel the first regular
meeting in July so the City Council and staff can coordinate vacation time
during the summer months. In addition, the City Council generally cancels
the second regular meeting in December due to the holidays and related
City office closures.
The order of business for the City Council shall be as arranged by the City
Manager, except for matters set at a specific time by the Council.
Agency Meetings (Successor Agency)
The City Council also sits as Board Members of the Successor Agency to the
Dissolved Arroyo Grande Redevelopment Agency and shall meet
occasionally to conduct business. The Mayor shall serve as Chairperson and
the Mayor Pro Tem shall serve as the Vice Chairperson. There is no
additional compensation for serving in these capacities.
4.2 Attendance / Quorum
Council Members acknowledge that attendance at lawful meetings of the
City Council is part of their official duty. Council Members shall make a
good faith effort to attend all such meetings unless unable. Council
Members will notify the City Manager or City Clerk if they will be absent
from a meeting.
Three members of the City Council shall constitute a quorum and shall be
sufficient to transact business. If less than three appear at a regular
meeting, the Mayor, Mayor Pro 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.
4.3 Best Practices of Civility and Civil Discourse
In order to ensure civility and civil discourse in all of its meetings, the City
Council has pledged its commitment to the following best practices of
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civility and civil discourse (Resolution No. 4685 adopted September 8,
2015):
a. To respect the right of all people to hold different opinions in all of our
meetings;
b. To avoid rhetoric intended to humiliate, malign, or question the
motivation of those whose opinions are different from ours in all our
meetings;
c. To strive to understand differing perspectives in all our meetings;
d. To choose words carefully in all our meetings;
e. To speak truthfully without accusation, and avoid distortion in all our
meetings; and
f. To building a civil political community in which each person is
respected and spirited public and political debate is aimed at the
betterment of the City of Arroyo Grande and its people and not the
disparagement of those with whom we disagree.
The City Council shall promote the use of and adherence to the principles
of civility and civil discourse in conducting business with appointed and
elected officials, staff, and citizens.
4.4 Agendas
a. Agendas for the Council will be prepared by the City Manager.
b. The purpose of the agenda is to provide a framework within which
Council meetings can be conducted and to effectively implement
the approved Council Goals, Long Term Financial Plan and Budget,
Critical Needs Action Plan and also work programs, objectives, and
business of the City as established by the City Council. Agenda
items may also include, but not be limited to, recommendations to
the City Council from advisory bodies, public hearings for land use
and zoning actions or appeals, awarding bids, contracts,
agreements, and adoption of resolutions and ordinances
establishing various City regulations or policies. Agenda items will
be within the policy context established by the Council, the scope of
existing work programs, and within the jurisdiction of the City.
For items that are of a regional, State, or Federal nature, including
but not limited to proposed legislation, the item may be placed on
the City Council agenda if it meets any of the following criteria:
1. Items that will result in any direct significant financial impact
to the City;
2. Items that involve new regulations, requirements or other
impacts that will result in a significant impact to staff
workload or adversely impact Arroyo Grande businesses or
citizens;
3. Items that will create or increase a fee, tax or other charge
unique to Arroyo Grande residents.
c. The electronic City Council agenda packet, including all reports,
communications, ordinances, resolutions, contracts, documents
that are available, or other matters to be considered by the City
Council at the regular meeting, will be delivered to members of the
City Council no later than 72 hours preceding the Tuesday Council
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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
Community Comments and Suggestions
City Manager/Director Report
Consent Agenda
Public Hearings
Old Business
New Business
City Council Reports (2nd Meeting of Month)
Council Communications
Community Comments and Suggestions
Closed Session
Adjournment
4.6 Meeting Procedures
a. Council ordinances and resolutions must be reviewed in written form
before binding action is taken on same.
b. A Council order applies mainly as a directive to City officers or
employees. It need not be in writing, as it generally applies to one
specific act only.
c. In the absence or inability of the Mayor and the Mayor Pro Tem to
attend a meeting of the City Council, the Members present shall select
one Member to temporarily preside.
d. A motion shall not be debated or “put to vote”, unless the same is
seconded. When a motion is seconded, if requested, it shall be stated
by the Mayor or the City Clerk before debate.
e. Upon a motion having been made and seconded, it shall be deemed to
be in possession of the Council, but it may be withdrawn at any time,
before decision or amendment, with the assent of a second.
f. A Member called to order should relinquish the floor, unless permitted
to explain; and the Council, if appealed to, shall decide on the case,
but without debate. If there is no appeal, the decision of the Mayor
shall be final.
g. Upon demand of any Council Member, or at the discretion of the
Mayor, the vote shall be by roll call, except that the vote on all
ordinances or resolutions shall be by roll call vote.
h. Tie votes shall be lost motions.
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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 Addressing the City Council
Each person desiring to address the Council shall proceed to the speaker’s
stand upon invitation by the Mayor. Speakers shall be asked to voluntarily
state their name for the record, but speakers will not be required to state
their name as a condition of attendance or participation. Unless further
time is granted by the Mayor, (unless overruled by a majority vote of the
Council), the speaker shall limit his/her remarks to three (3) minutes unless
special circumstances exist. All remarks shall be pertinent to the subject at
hand. All remarks must be addressed to the Council as a whole and not to
any Member individually. No questions shall be asked of a Council Member
or member of City staff without the permission of the Mayor.
In order to avoid repetitious presentations and delay in the business of the
Council, whenever any group of persons wishes to address the Council on
the same subject matter, it shall be proper for the Mayor to request a
spokesperson be chosen by the group to represent its position. The Mayor
may, in his or her discretion, grant additional time for a speaker that has
been recognized or designated by a group to present comments on their
behalf.
After a motion has been made and seconded, or a public hearing has been
closed, no member of the public shall address the Council from the
audience on the matter under consideration without first securing
permission to do so from the Mayor or a majority vote of the Council.
4.8 Council Member Requests and Questions
a. Under the Council Communications portion of the meeting agenda,
Council Members may ask a question for clarification, make an
announcement, or report briefly on his or her activities. Council
Members may also request staff to report back to the Council at a
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subsequent meeting concerning any matter or request that staff place
a matter of business on a future agenda. Any request to place a matter
of business for original consideration on a future agenda requires the
concurrence of at least one other Council Member.
b. Proper action will then be taken by staff.
4.9 Disturbance of City Council Meetings
The following procedure and format will be used by the City Council to
address disruptive persons at a Council Meeting:
a. The Presiding Officer shall make the following announcement:
“As the Presiding Officer, I am advising you that your comments have
violated the City Council’s rules of procedure for addressing the City
Council and you are causing a serious disruption to this meeting. I
must ask you to immediately cease the disturbance before further
action is necessary. At this time, I am going to recess the meeting for
10 minutes. We will then reconvene our meeting.”
b. Recess and call for police to be present when meeting reconvenes.
c. If the disturbance continues after reconvening the meeting, the
Presiding Officer shall make the following announcement:
“As Presiding Officer, since you are continuing this disturbance, I must
advise you that the Penal Code provides that every person who,
without authority of law, willfully disturbs or breaks up any meeting,
not unlawful in its character, is guilty of a misdemeanor. If you do not
immediately cease this disturbance, I will request the police to arrest
you under Penal Code Section 403.”
d. If the disturbance continues, request the police to come forward to
make the arrest. (Government Code Section 54957.9)
4.10 Council Action Items
Staff Reports
Each City Council agenda business item shall have a coordinating staff
report prepared by the originating department. Staff reports are written
specifically for the purpose of communicating information necessary for
policy and decision-making and generally includes an abbreviated
summary of action, impact on financial and personnel resources,
recommended action, background, analysis of issues, alternatives,
advantages, disadvantages, environmental review (if applicable), and
public notification methods.
Ordinances
Ordinances are the laws of a municipality. An ordinance generally
prescribes some permanent rule of conduct or government that remains
in force until the ordinance is repealed. Ordinances are required to be
read in their entirety at the time of introduction or at the time of passage,
unless a regular motion waiving further reading is adopted by a majority of
all Council Members present (this occurs during the meeting under Agenda
Review). Ordinances may only be passed at a regular meeting or at an
adjourned regular meeting. Except for urgency ordinances, ordinances
may 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
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safety, containing a declaration of the facts constituting the urgency, and
passed by a four-fifths vote of the City Council.
Resolutions
A Resolution expresses City Council policy or directs certain types of
administrative action and may be changed by a subsequent Resolution.
Resolutions are generally effective on the date of adoption.
Agreements/Contracts
Municipal government enters into contracts for many different types of
goods and services. These contracts are usually written agreements that
are legally binding upon the parties. Typically, agreements are entered
into with the approval of the City Council or, if legally authorized, the City
Manager.
Minute Motion
A minute motion or motion is appropriate when: 1) the action is not of a
penal nature or intended to be a local law; 2) an ordinance or resolution is
not specifically required; or 3) a formal document reflecting the City
Council’s action is not necessary. The only record of such action is in the
form of minutes taken of the meeting at which the action is taken.
Submitted Materials at Meetings are Public Record
Any written correspondence or other materials, when distributed to all,
or a majority of all, of the members of the City Council by any person in
connection with a matter subject to discussion or consideration at an
open public meeting, are disclosable public records under the California
Public Records Act and shall be made available upon request without
delay. Writings that are public records and that are distributed during a
public meeting shall be made available for public inspection at the meeting
if prepared by City staff or a member of the City Council, or after the
meeting if prepared by some other person. All writings referenced herein
shall be provided to and documented with a received/filed date by the City
Clerk.
Minutes
The minutes serve as a permanent record of the City Council’s actions. The
City Clerk, or his/her Deputy, shall attend and prepare action minutes of all
public meetings of the City Council [Gov’t Code Sections 36814 and 40801
and Resolution No. 4341, adopted February 22, 2011].
Minutes ready for Council approval shall be placed on the regular City
Council meeting agenda and included in the Council packet. Minutes of
Council meetings are available for review in the City Clerk's Office and
online at www.arroyogrande.org.
4.11 Process for City Council Appeal of Planning Commission Decisions
Pursuant to Municipal Code Section 1.12.050, the City Council may appeal
decisions of the Planning Commission. The following procedure has been
established for such appeals:
a. City Council will receive the Planning Commission Agenda the Friday
prior to the Planning Commission meeting.
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b. The Wednesday following the Planning Commission meeting, staff will
distribute to the City Council an annotated copy of the Planning
Commission Agenda with the action of the Commission highlighted if
any final actions were taken.
c. City Council Members may determine if an appeal is desired after
reviewing the annotated Agenda.
d. Any Council Member that desires to appeal a decision shall contact the
City Manager or City Clerk by 2:00 p.m. on Thursday following the
Planning Commission meeting to direct that the request be placed on
the next City Council Agenda under “Council Communications.”
e. In order to proceed with an appeal, the City Council shall adopt a
motion to appeal the action of the Planning Commission.
f. If approved by the City Council, the City Clerk will set a date for the
hearing within 60 days of the City Council’s decision to appeal the
action and notifies the affected applicant and Planning Commission.
4.12 Televised and Webstreamed Meeting Coverage
All regular City Council meetings held in the City Council Chambers are
broadcast live and rebroadcast on the City’s government access channel,
webstreamed live on the City’s website, and archived online for on-demand
viewing. The purpose of televising and webstreaming meetings of the Arroyo
Grande City Council is to enhance the awareness and education of the
general public regarding the actions and deliberations of the City Council.
a. Council coverage is not to be edited or subjected to editorial comment.
b. All regular City Council meetings shall be televised and webstreamed,
except for meetings or portions of meetings which are closed to the
public, or when the Council directs otherwise.
c. Cameras used shall be owned by the City and operated only by City
employees or persons under contract with the City.
d. Cameras shall be operated so that they are focused only on the
officially recognized speaker, and on any visually displayed information
they may be showing.
e. The City Clerk’s minutes shall remain the official record of Council
proceedings.
f. To assure timely information for the public, Council meeting video will
be placed on the City’s website as soon as possible for rebroadcast.
5. COMMISSIONS/COMMITTEES/BOARDS
The City Council shall appoint committees as deemed necessary for the proper
conduct of City business.
No committee or subcommittee shall include in its membership more than two (2)
Council Members.
The City Manager, or his/her designee, shall be an ex-officio member of all
committees.
5.1 City Commissions, Committees and Boards
City commissions (which hereinafter include standing Council-appointed
boards, commissions, and committees) serve as advisory bodies to
facilitate public input and citizen participation in the determination of
public policies. This is accomplished by formulating recommended
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courses of action and policy to the City Council with whom final
determination rests. The Planning Commission (AGMC Chapter 2.18,
“Planning Commission”) has authority to make final determination in
applicable circumstances (AGMC Title 16, “Development Code”).
5.2 Appointment
Pursuant to Council Resolution, the City Council appoints representatives to
the following City boards, commissions and committees:
Planning Commission
Parks and Recreation Commission
Traffic Commission
Downtown Parking Advisory Board
Architectural Review Committee
Historical Resources Committee
Tourism Business Improvement District (TBID) Board
The Mayor and each Council Member shall appoint one representative to
each respective Commission/Board/Committee, subject to approval by a
majority of the Council.
Members of each respective Commission/Board/Committee shall serve for a
term ending the January 31st following the expiration of the term of the
respective appointing Mayor or Council Member, as applicable. Members of
each respective Commission/Committee/Board may be removed prior to
expiration of their term by a majority vote of the Council.
Applicants, with the exception of the Downtown Parking Advisory Board,
Historical Resources Committee, and TBID Board must be registered voters
of Arroyo Grande. Applicants for the Downtown Parking Advisory Board shall
have a business within the Arroyo Grande City Parking and Business
Improvement Area. Applicants for the Historical Resources Committee
should have knowledge of the history of Arroyo Grande, its buildings, people
and events. This knowledge can typically be gained through time spent in
the community as a resident or business owner or through active research
or membership in organizations related to the study or preservation of local
history. Two-thirds of applicants for the TBID Board shall be owners of
lodging businesses within the Arroyo Grande Tourism Business Improvement
District or others with knowledge of tourism and/or the lodging industry.
Those seeking appointment to a Commission/Board/Committee must
submit an application to the City Clerk’s Office. Those
Commission/Board/Committee members whose terms have expired must
submit a new application (terms are not automatically renewed), and
the City Clerk will notify said Commission/Board/Committee members
with a letter and new application form.
Applications shall remain valid and on file for one year.
Following Council appointment, the new Commission/Board/ Committee
member will be notified by the City Clerk’s Office via letter of the
appointment and conflict of interest filing obligations. Copies of the letter
and completed application form(s) will be forwarded to the appropriate
staff liaison, who will contact the successful member(s) regarding
meeting dates, times and responsibilities. All appointees to a City
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Commission/Board/Committee are also subject to the City’s Ethics Policy
and training requirements.
5.3 Removal
A person appointed by the City Council to a Commission/Board/Committee
shall continue to serve as a member thereof except when:
a. The person's term of office expires and a different person has been
appointed.
b. The person voluntarily resigns from the Commission
/Board/Committee.
c. The person no longer meets the eligibility requirements.
d. The person fails to attend three (3) consecutive meetings of the
Commission and does not have prior approval for said absences
by way of a majority action of the City Council.
e. A majority of the City Council determines the member shall be
removed.
Any member of the City Council may initiate a person's removal from a
Commission by requesting that consideration of the person's removal be
placed on the Council's agenda at a regular or special meeting for
discussion and potential action. The City Clerk shall notify the person
affected of the time and place of the meeting. When the item is on the
City Council agenda, the City Council may, by majority vote, remove
the person from a Commission.
5.4 City of Arroyo Grande Commissioners Handbook
The Commissioners Handbook assists members of all City commissions,
committees, and boards in carrying out responsibilities in accordance with
the policies and guidelines established by Council. The Handbook outlines
the general purpose and duties of each commission.
5.5 Appointment of Council Members to Various Local and Regional
Boards, Commissions and Committees
There are a number of local and regional boards, commissions and
committees that either require a member of the City Council as the City
representative or it has been established practice for a Council Member to
serve as the representative. They include, but may not be limited to, the
following:
Air Pollution Control District Board of Directors (APCD)
Audit Committee
Brisco/Halcyon Interchange Subcommittee
California Joint Powers Insurance Authority (CJPIA)
City Selection Committee (Mayors)
Community Action Partnership San Luis Obispo (CAPSLO) (3 year
rotation among South County Cities)
Council of Governments/Regional Transit Authority (SLOCOG/SLORTA)
County Water Resources Advisory Committee
Economic Vitality Corporation Board of Directors
Five Cities Fire Authority Board of Directors
Homeless Services Oversight Council (HSOC) Board
- South County Homeless Taskforce
Integrated Waste Management Authority Board (IWMA)
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Oversight Board to the Successor Agency
South County Transit Board
South San Luis Obispo County Sanitation District (SSLOCSD) Board
Visit SLO CAL
Zone 3 Water Advisory Board
The City Council makes these appointments at the first regular meeting in
December following a municipal election.
Appointments include selection of a primary representative and an
alternate.
5.6 Criteria and Process for Council Representatives Seeking Council
Direction or Input on Items Being Considered by Regional or Local
Boards and Committees
After each election year, the City Council appoints members of the City
Council to serve on regional and local boards and committees that request
Council representation. Appointees represent the City on these various
boards and committees and are granted authority to make decisions in the
best interest of the City of Arroyo Grande, as well as the general public and
interests served by the specific agency. However, it is appropriate to seek
City Council input and/or direction on items meeting criteria that has been
established by the City Council. The following guidelines outline the
criteria and process:
a. When time permits prior to an item scheduled to be voted on by a
board or committee that a member of the City Council has been
appointed to by the City Council, City Council Members are advised to
place items on the City Council agenda for direction and/or input if they
meet any of the following criteria:
i. Items that will result in a one-time or annual direct financial
impact to the City of over $10,000.
ii. Items that involve new regulations, requirements or other impacts
that will result in a significant impact to staff workload or
adversely impact Arroyo Grande businesses or citizens.
iii. Items that will create or increase a fee, tax or other charge to
Arroyo Grande residents.
iv. Items of a controversial nature that have been frequently
reported in the media and have resulted in vocal opposition from
the public and/or diverse vocal opinions from interest groups and
the public.
v. Items involving issues that the City Council has received a
significant number of comments or correspondence from
members of the community.
b. If time permits, City Council Members are advised to brief the remainder
of the City Council on any item that may meet any of these criteria under
“City Council Reports” and request whether the City Council would like
the item to be placed on the next agenda for formal direction.
c. If an upcoming item meets any of these criteria, and there is not
sufficient time to brief the City Council under the next scheduled “City
Council Reports,” Council Members are advised to notify the City Manager
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or City Clerk/Director of Information and Legislative Services to place the
item on the next City Council agenda. If there is not time available,
referral of items from other boards and committees may bypass the
normal requirement for Council Members to first place under “City
Council Items” the request that the item be placed on a future agenda.
The City Manager will determine where on the agenda the item will be
placed depending upon the nature of the item.
d. If an item is scheduled to be decided by the board and committee prior
to the next City Council meeting, Council Members are advised to request
the item be continued until feedback from the entire City Council can be
placed on an agenda. If postponement of the item is not possible or is
refused by the board or committee, Council Members are advised to vote
on the item independently and report to the full City Council during the
next “City Council Reports.”
5.7 Appointment of Primary Voting Delegate and Alternate to National
League of Cities and/or League of California Cities Annual Conferences
The City Council shall appoint a voting delegate and an alternate to serve as
the voting delegate for all League of California Cities annual business
meetings. However, if the Mayor or a Council Member serves on the League
of California Cities (LOCC) Executive Board of Directors, the LOCC Channel
Counties Division Board of Directors, or in any other League capacity, priority
shall be given to that individual to be designated as the Voting Delegate. In
the event that this individual does not attend, the Council shall appoint a
voting delegate and alternate.
6. COMMUNICATIONS
6.1 General Communication
A fundamental role of a Councilmember is communication – communication
with the public to assess community opinions and needs –communication
with members of the legislature and other public agencies to represent the
community’s interests – and, communication with the media to inform the
public about the functions of government.
Because the City Council functions as a body, i.e., acting on a majority vote,
it is important that members represent the City’s official position, or if
expressing personal views, the public is so advised. To ensure that accurate
City communications reach the public in a timely manner, the following shall
apply.
6.2 Processing and Delivering of City Council Mail
Members of the City Council receive a large volume of mail and other
materials from the public and staff. The City Manager’s Office maintains a
mailbox at City Hall for each member. The City Manager, or his/her designee,
is authorized to receive and open all mail addressed to the City Council as a
whole, the Mayor and/or individual City Council Member, and said mail shall
be opened and date stamped the day it was received. Letters addressed to
the Mayor and/or individual City Council members will be copied to the full
Council. Letters received which include issues directly related to a particular
department shall be copied to the City Manager and the Department Director.
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Mail relating to a legal issue may also be forwarded to the City Attorney.
Council Members may pick up their mail any time at City Hall.
Notwithstanding mail that is time sensitive needing immediate attention, all
other mail that is not picked up at City Hall will be delivered to the Council at
every Council meeting.
All correspondence, including email, addressed to the City Council or to
individual Council members relating to the conduct of the City’s business is a
public record as defined in Government Code Section 6252 and will be
retained by the City in accordance with its Records Retention Policy.
6.3 Written Correspondence
Members of the City Council will often be called upon to write letters to
citizens, businesses or other public agencies. Typically, the Mayor will be
charged with transmitting the City’s position on policy matters to outside
agencies on behalf of the City Council. Individual members of the Council will
often prepare letters for constituents in response to inquiries or to provide
requested information. City letterhead is available for this purpose, and staff
can assist in the preparation of such correspondence.
On occasion, members may wish to transmit correspondence on an issue
upon which the Council has yet to take a position or about an issue for which
the Council has no position. In these circumstances, members should clearly
indicate either in correspondence or verbally that they are not speaking for
the City Council as a whole, but for themselves as one member of Council.
City letterhead and office support may be utilized in these circumstances.
After the City Council has taken a position on an issue, official
correspondence should reflect this position. While members who may
disagree with a position are free to prepare correspondence on such issues as
private citizens, City letterhead, official Council title, and staff support should
not be utilized. In addition, City letterhead and staff support cannot be
utilized for any personal or political purposes.
Council members are often asked to prepare letters of recommendation for
students and others seeking employment or appointment. It is appropriate
for individual Council members to utilize City letterhead and their Council
titles for such letters.
All Council member correspondence using City letterhead shall be copied to
the full Council, the City Manager, the City Attorney, and the City Clerk. In
addition, all 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 and City Logo
The seal and logo are considered symbols of the authority and jurisdiction of
the City and, as such, are valuable assets of the City and its citizens. The City
seal and logo shall be used for official purposes only and according to policies
and guidelines developed by the City Manager, or as authorized by the City
Council.
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6.5 Speaking Engagements
Council members may accept public speaking invitations.
Presentations shall clearly articulate the Council’s adopted policy position.
A Councilmember may indicate that their individual position differs from that
which was adopted.
6.6 Media Relations
Typically, the Mayor is the designated representative of the Council to speak
on official City positions.
Individual Council members may comment to the media but should be clear
about whether their comments represent the official City position or a
personal viewpoint.
Generally, press releases shall be prepared and routed to the City Manager
for approval before release to the media.
Police and Fire responses to, and/or press releases regarding, emergencies
may be reported directly to the media by the designated department
spokesperson.
6.7 City Council Protocol regarding Communications with Project
Applicants
The following are informal protocol guidelines and procedures regarding
meetings between developers and City Council members to discuss upcoming
projects.
a. When meeting with a project applicant, a council member should state
that they represent one vote on the City Council and any statements
represent the opinion of the individual council member only. Formal
direction or action requires consideration and approval by a majority of
the City Council at a lawfully scheduled and notified meeting.
b. A council member should encourage the applicant to meet with all other
members of the City Council and to seek their input.
c. When a council member meets with an applicant regarding a potential
project, the council member should attempt to notify the City Manager
when possible. When appropriate, the City Manager will contact the
applicant and request they meet with other members of the City
Council.
d. If any materials are provided by an applicant, the council member
should provide them to the City Manager, who will forward copies to
each of the other members of the City Council.
e. A council member may request staff to attend a meeting if desired. If
staff attends, it should be communicated to the applicant that staff is
present to answer any process or technical questions. It is not
appropriate for staff to participate in discussion regarding the merits of
the project at such a meeting.
f. While the meeting is an appropriate opportunity to express concerns,
ask questions and identify issues, the council member should refrain
from stating how he/she intends to vote on a project and should avoid
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making representation or commitments regarding future actions. A
vote should be based upon information presented as part of the formal
application process.
g. Council members are encouraged to disclose ex parte contacts with a
project applicant before consideration of the project.
6.8 Access to Communications/Technology Systems
The City will provide each Council Member with equal and appropriate
communications and technological devices to facilitate their public service
and within the confines of the Information Technology standards for
hardware and software. Use of such devices shall be subject to the City’s
Administrative Policies, a copy of which is provided to Council Members upon
assuming office.
6.9 Electronic Communications Prohibited during Meetings
The following policy shall define electronic communications and establish
guidelines and procedures regarding electronic communications during public
meetings that have implications under the Ralph M. Brown Act (“Brown Act”)
and/or the Public Records Act.
a. Electronic Communications shall mean electronic text or visual
communications and attachments distributed via e-mails, websites,
instant messaging, text messages, Twitter or comparable services.
b. Electronic devices (i.e., iPads) issued by the City to Council Members for
use of storing agenda materials and accessing agenda materials during
City Council meetings shall be the property of the City and returned to
the City when a Council Member is no longer serving in his or her elected
capacity. Agenda packets will be distributed through the City’s Paperless
Agenda Program so that Council Members receive their agenda packets
electronically. Council Members may access agendas and agenda
packets using City issued iPads or other electronic devices (including, but
not limited to personal computers and smart phones).
c. City Council Members shall not use electronic devices or electronic
communications at any time during a meeting of the City Council at
which he or she is in attendance to access the internet or to receive or
send emails, text messages or other communications.
d. The limitations on use of electronic devices and electronic
communications during meetings contained herein shall not apply to the
receipt of telephone calls or text messages from family members in the
event of an urgent family matter. A Council Member wishing to respond
to such a message during a meeting shall do so during a recess or shall
excuse him or herself from the meeting to place the return call or text in
a manner that does not disrupt the meeting.
6.10 Electronic Communications Using City-Issued and Personal Devices
As a public official, your communications regarding City business are
potentially subject to disclosure via a Public Records Act (PRA) request,
regardless of the medium used to send, receive, or store the records. In
order to minimize potential risk, embarrassment, or awkward situations for
yourself and for the City, please take the following into consideration when
using various electronic communication methods:
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a. All City business should be conducted using City communications
equipment and accounts to the greatest extent feasible. Conducting
work communications in this way assures that the City has a record of
your communications, which can then be searched and produced in a
non-invasive manner should a public records request be received.
However, should you need, under limited circumstances, to use
personal devices and/or personal accounts, such as text messaging,
email, or social media, to communicate with others regarding City
business, please be prepared to timely search for and provide copies of
work-related communications if the City receives a related PRA request.
b. Exercise tact and caution when communicating in writing regarding City
business, regardless of the medium or recipient. While the PRA's
definition of work-related "records" is essentially limited to
communications relating to actual conduct of the City's business by an
individual in their official capacity, there is no guarantee that any
particular personal or seemingly incidental work-related communication
will ultimately be deemed exempt from production or disclosure.
While the law attempts to strike a balance between the public's interest
in disclosure and the official's personal right to privacy, permitted
exemptions from production and disclosure are rather narrow, and the
City Attorney must act impartially when determining whether a record is
exempt. Factors such as potential embarrassment cannot be accounted
for in determining what to produce, and the City is obligated by law to
err on the side of disclosure.
Additionally, bear in mind that in the event of litigation, a subpoena for
records is a more powerful tool that can potentially compel the City to
produce a broader array of records, including those that would not have
been produced under a PRA request.
c. Consider the appropriate platform for all work-related communications.
As always, a good rule of thumb before hitting "send" is to consider how
you would feel if the communication were to be reprinted in the
newspaper. If a communication is sensitive enough that you would not
want it to be reprinted, you are encouraged to consider using the
telephone and personal visits to communicate instead, when
appropriate.
A copy of the City’s Administrative Policy regarding the use of electronic
communication and City-issued devices will be provided to Council Members
upon assuming office.
6.11 Communications with Staff
Pursuant to AGMC Section 2.08.080, “Administrative relationships,” the
City Council and its members, except for the purpose of inquiry, shall
deal with administrative services solely through the City Manager, and
neither the City Council nor any member thereof shall give orders to any
officer or employee of the City under the supervision of the City Manager.
In regard to questions relating to agenda items, Council Members are
encouraged to contact the City Manager or appropriate Department Director
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to ask questions for clarification prior to the meeting at which the subject will
be discussed.
6.12 Complaints Regarding Performance of Staff
Any concerns by a member of Council over the behavior or work of a City
employee should be directed to the City Manager privately to ensure
the concern is resolved. Council Members shall not reprimand employees
directly, nor shall they communicate their concerns to anyone other
than the City Manager.
6.13 Citizen Inquiries
Often a constituent will call a Council Member with a question or a complaint
about a particular problem or issue. Sometimes the complaint is related to
not understanding why a particular action is taken and sometimes it relates
to how a service has been provided or not provided.
When particular service issues or questions come up, the staff is also
concerned about getting a quick and accurate response to a citizen. The
most effective way for staff to ensure this response is for the Council
Member to call the City Manager's office to relay the question or complaint.
Staff will take the information, coordinate with the appropriate Department,
follow up with the citizen directly or provide information back to the Council
Member, whichever is preferred.
6.14 Handling of Litigation/Confidential Information
Council Members shall keep all written materials and verbal information
provided to them on matters that are confidential in complete confidence
to ensure that the City’s position is not compromised. No disclosure or
mention of information in these materials shall be made to anyone other
than Council Members, the City Attorney, or City Manager.
Council Members may not disclose information obtained in closed session
unless authorized by a majority vote of the Council, or as otherwise required
by law.
6.15 Legislative Communications at the Request of City Affiliated
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 Reports at the next regularly
scheduled City Council meeting.
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APPENDIX
Reference Table of Amendments
DATE DESCRIPTION ACTION
xx/xx/2018 City Council adopted City Council Handbook
Resolution No.
xxxx
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EXHIBIT A: Expanded Description of City Departments
The following is a short description of the services of each of the City’s departments.
City Manager
The City Manager serves at the will of the City Council and is responsible for providing them
with policy recommendations, staff support and implementing their directions and
decisions. The City Manager is responsible for overseeing day to day operations of the City
and appoints professionals to direct departments responsible for a wide variety of services
provided to the community. The City Manager is responsible for overall direction and
coordination of the City organization to provide services and projects in an efficient manner.
The City Manager coordinates with community organizations and individuals to ensure the
City is responsive to the community’s needs and concerns.
The City Manager is committed to providing leadership to the organization that promotes
professionalism, responsiveness to the community, and decision making focused on
addressing both current and future needs. The City Manager is dedicated to addressing
financial challenges in a prudent and responsible manner, while maintaining critical services
the community depends upon and protecting the community’s heritage, natural resources
and quality of life.
City Attorney
The City Council appoints a city attorney to whom it turns to for legal advice. He/she
attends Council meetings to advise on points of the law and to ensure that all proper
procedures are maintained. The City Attorney also provides legal advice and represents the
City Council, City Manager, City departments and other City boards and commissions on
legal matters. The City Attorney is responsible for drafting ordinances, reviewing contracts
and prosecuting municipal code violations.
Administrative Services
The Administrative Services Department collects and disburses all City monies. It maintains
accounting records of all monetary transactions, involving cash receipts, accounts payable,
payroll, utility billing, business licensing, and oversees the human resources function of the
City. The Department manages the prudent investment of currently idle City funds. It also
prepares the proposed biennial City budget, in conference with various City department
directors and key personnel and under the general direction of the City Manager. Following
City Council adoption, the final budget is then prepared.
Legislative and Information Services
The Legislative and Information Services Department is responsible for managing the
legislative history of the City; responding to requests for information and researching
legislative data for the public, staff, media, and the City Council; recording actions taken at
City Council meetings; preparing and distributing City Council meeting agenda packets;
coordinating official filings with the California Fair Political Practices Commission; updating
the City’s Conflict of Interest and Municipal Codes; maintaining official records and archives
of the City including ordinances, resolutions, contracts, agreements, deeds, insurance
documents and minutes; and conducting elections for the City. The Legislative and
Information Services Department also has management oversight of Information
Technology for the City and is responsible for the City’s website and local government
access channel.
Recreation Services
The Recreation Services Department is responsible for providing recreation and leisure
opportunities for residents and visitors of all ages. These programs are offered with the
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hope that they not only meet the community's interests, but also inspire residents to try
something new. The Department offers adult and youth programs and classes, sport
leagues, childcare programs, and special events which are highlighted in a seasonal Activity
Guide. The Recreation Services Department manages scheduling and reservations for all
recreational facilities, including parks and barbeque areas, community centers, and athletic
fields. The Department also provides staff support for the Parks & Recreation Commission's
monthly meetings.
Community Development
The primary goal of the Community Development Department is to assist the community,
City Council, and Planning Commission in preparing for the City’s future growth and
development, as well as review current development plans for consistency with local
ordinances. The Department deals with transportation, housing, community facilities, public
safety, open space, design, and the use of land. Additionally, the Department oversees
economic development efforts to create an atmosphere conducive to the retention,
expansion, and creation of quality businesses, consistent with the community’s vision of
Arroyo Grande. This effort will result in maintaining and increasing the number of jobs and
enhancing the fiscal position of the City through increased business tax, sales, tax, and
property tax revenues. The engineering division ensures all construction in the public right-
of-way related to land development entitlements comply with adopted codes and
engineering standards. Engineering is also responsible for all subdivision processing,
approval of final subdivision maps, accepting related offers of dedications and entering into
agreements to complete subdivision agreements. The building division
reviews project plans, issues permits, and provides inspection services for compliance of
California's building, fire, mechanical, electrical, plumbing, energy, and disabled access
codes, as well as city ordinances, for all new and existing buildings in the city. The
Department provides staff assistance for the Planning Commission, Architectural Review
Committee, Traffic Commission, Downtown Parking Advisory Board, and Historical
Resources Committee.
Public Works
The Public Works Department is responsible for maintaining all City infrastructure (streets,
parks, sports complex, city-owned buildings, water and sewer facilities) as well as
maintaining the City’s vehicle fleet and equipment. The capital improvement projects
manager administers the design, construction and inspection of all publicly funded capital
projects. The Public Works Department also administers the City of Arroyo Grande
Community Tree Program including the administration of tree removal requests and
permits.
Police
The mission of the Police Department is to maintain the public peace, safeguard lives and
property, and to provide for a quality of life whereby those persons within the City have a
sense of security and freedom in their daily activities. To accomplish this, the Department
provides a wide variety of public safety-related services. These services are provided
through the program areas: Uniformed patrol, traffic management, investigations, crime
prevention, delinquency prevention, records management, communications, and disaster
management.
Five Cities Fire Authority
Pursuant to the Joint Exercise of Powers Agreement creating the Five Cities Fire Authority
(FCFA), the FCFA serves the City of Arroyo Grande to provide its citizens with fire protection
and other emergency services. The Fire Prevention Division assists in the elimination of fire
hazards through inspection of commercial, residential, and industrial areas. The Fire
Division is also responsible for the fire protection requirements on new subdivisions and
occupancies.
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EXHIBIT B: Travel Policy
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EXHIBIT C: Ethical Standards Policy
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EXHIBIT D: Conflict of Interest Code
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ATTACHMENT 1
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CITY OF ARROYO GRANDE
CITY COUNCIL OPERATIONS MANUAL
CONTENTS
1. INTRODUCTION
2. POLICY PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS
3. CITY COUNCIL/ CITY MANAGER MUTUAL EXPECTATIONS
4. CITY COUNCIL APPOINTMENTS
5. PROCESS FOR CITY COUNCIL APPEAL OF PLANNING COMMISSION
DECISIONS
6. CITY COUNCIL PROTOCOL REGARDING COMMUNICATIONS WITH
PROJECT APPLICANTS
7. ELECTRONIC COMMUNICATIONS DURING MEETINGS
8. GUIDELINES FOR COUNCIL DIRECTION ON ITEMS FROM APPOINTED
BOARDS AND COMMITTEES
9. COUNCIL COMMUNICATIONS
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1. CITY COUNCIL OPERATIONS MANUAL
INTRODUCTION
3/1/03
The City Council Operations Manual includes policies, procedures and guidelines that
have been approved by the City Council regarding City Council activities. The
objectives of the Manual are to:
1. Serve as a reference document for the Mayor and Council Members;
2. Provide comprehensive orientation information for new Council Members; and
3. Enable the City Council to effectively compile and maintain operational
practices that are agreed upon.
Therefore, the Manual is intended to be modified, updated and added to on an
ongoing basis.
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2. POLICY/PROCEDURE FOR
CONDUCTING CITY COUNCIL BUSINESS
03/08/16
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 Policy, any special rule adopted by the City
Council, or as otherwise provided by state statute, the procedures of the City Council
meetings shall be governed by the latest revised edition of “Sturgis Standard Code of
Parliamentary Procedure”, as modified by Council practices. The City Attorney is
designated as the parliamentarian for City Council meetings. The City Manager shall
preside as the parliamentarian in the City Attorney’s absence.
1. MEETINGS
A. The City Council shall meet in regular session on the second and fourth
Tuesday of each month.
B. 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.
C. A special meeting may be called at any time by the presiding officer or by
a majority of the City Council.
D. 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.
2. ADDRESSING THE CITY COUNCIL
A. Each person desiring to address the Council shall proceed to the
speaker’s stand upon invitation by the Mayor. Speakers shall be asked to
voluntarily state their name for the record, but speakers will not be
required to state their name as a condition of attendance or participation.
Unless further time is granted by the Mayor, (unless overruled by a
majority vote of the Council), the speaker shall limit his/her remarks to
three (3) minutes unless special circumstances exist. All remarks shall be
pertinent to the subject at hand. All remarks must be addressed to the
Council as a whole and not to any Member individually. No questions
shall be asked of a Council Member or member of City staff without the
permission of the Mayor.
B. In order to avoid repetitious presentations and delay in the business of the
Council, whenever any group of persons wishes to address the Council on
the same subject matter, it shall be proper for the Mayor to request a
spokesperson be chosen by the group to represent its position. The
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Mayor may, in his discretion, grant additional time for a speaker that has
been recognized or designated by a group to present comments on their
behalf.
C. After a motion has been made and seconded, or a public hearing has
been closed, no member of the public shall address the Council from the
audience on the matter under consideration without first securing
permission to do so from the Mayor or a majority vote of the Council.
3. DISTURBANCE OF CITY COUNCIL MEETINGS
The following procedure and format will be used by the City Council to address
disruptive persons at a Council Meeting:
A. The Presiding Officer shall make the following announcement:
As the Presiding Officer, I am advising you that your comments have
violated the City Council’s rules of procedure for addressing the City
Council and you are causing a serious disruption to this meeting. I must
ask you to immediately cease the disturbance before further action is
necessary. At this time, I am going to recess the meeting for 10 minutes.
We will then reconvene our meeting.
B. Recess and call for police to be present when meeting reconvenes.
C. If the disturbance continues after reconvening the meeting, the Presiding
Officer shall make the following announcement:
As Presiding Officer, since you are continuing this disturbance, I must
advise you that the Penal Code provides that every person who, without
authority of law, willfully disturbs or breaks up any meeting, not unlawful in
its character, is guilty of a misdemeanor. If you do not immediately cease
this disturbance, I will request the police to arrest you under Penal Code
Section 403.
D. If the disturbance continues, request the police to come forward to make
the arrest. (Government Code Section 54957.9)
4. 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.
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C. In the absence or inability of the Mayor and the Mayor Pro Tem to attend a
meeting of the City Council, the Members present shall select one
Member to temporarily preside.
D. A motion shall not be debated or “put to vote”, unless the same is
seconded. When a motion is seconded, if requested, it shall be stated by
the Mayor or the City Clerk before debate.
E. Upon a motion having been made and seconded, it shall be deemed to be
in possession of the Council, but it may be withdrawn at any time, before
decision or amendment, with the assent of a second.
F. A Member called to order should relinquish the floor, unless permitted to
explain; and the Council, if appealed to, shall decide on the case, but
without debate. If there is no appeal, the decision of the Mayor shall be
final.
G. Upon demand of any Council Member, or at the discretion of the Mayor,
the vote shall be by roll call, expect that the vote 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.
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5. COMMITTEES
A. The Council shall appoint committees as deemed necessary for the proper
conduct of City business.
B. No committee shall include in its membership more than two (2) Council
Members.
C. The City Manager, or his/her designee, shall be an ex-officio member of
all committees.
6. AGENDAS
A. Agendas for the Council will be prepared by the City Manager.
B. The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved
Council Goals, Long Term Financial Plan and Budget, Critical Needs
Action Plan and also work programs, objectives, and business of the City
as established by the City Council. Agenda items may also include, but
not be limited to, recommendations to the City Council from advisory
bodies, public hearings for land use and zoning actions or appeals,
awarding bids, contracts, agreements, and adoption of resolutions and
ordinances establishing various City regulations or policies. Agenda items
will be within the policy context established by the Council, the scope of
existing work programs, and within the jurisdiction of the City.
For items that are of a regional, State, or Federal nature, including but not
limited to proposed legislation, the item may be placed on the City Council
agenda if it meets any of the following criteria:
1. Items that will result in any direct significant financial impact to the City;
2. Items that involve new regulations, requirements or other impacts that
will result in a significant impact to staff workload or adversely impact
Arroyo Grande businesses or citizens;
3. Items that will create or increase a fee, tax or other charge unique to
Arroyo Grande residents.
C. Agendas shall be posted on a bulletin board, publicly accessible, in City
Hall and/or the Council Chamber, and posted on the City website.
7. 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
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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
for original consideration on a future agenda requires the concurrence of
at least one other Council Member.
B. Proper action will then be taken by staff.
8. MISCELLANEOUS
A. Items referred to departments for action by the City Council shall be
routed through the City Manager’s Office.
B. The City Council shall occasionally review this Policy/Procedure.
C. Amendments to this Policy/Procedure shall be by majority vote of the
Council.
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3. CITY COUNCIL/ CITY MANAGER
MUTUAL EXPECTATIONS
9/26/00
The following mutual expectations have been agreed upon by the City Council and
City Manager regarding their respective roles and support the successful operation of
the City Manager/Council form of government. They serve as a general framework to
foster a constructive working relationship and provide new Council Members an
overall outline of how we have committed to operate. They may also serve as a basis
for discussion to resolve potential problems or when changes in the expectations are
desired.
1. EXPECTATIONS 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.
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.
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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.
2. EXPECTATIONS OF THE CITY COUNCIL
A. Recognize that the City Council gives direction only as a convened body.
Share opinions and views, but refrain from providing direction without
the participation of the full Council. Do not individually attempt to
influence the decisions or recommendations of staff.
B. Conclude discussions requiring staff follow-up or action with specific
direction agreed upon by the City Council.
C. Make an effort to let staff know concerns and questions prior to public
meetings so staff can be prepared as best possible.
D. Share in staff’s commitment to the highest ethical standards and avoid
any appearances of impropriety.
E. Direct questions or requests for information to the City Manager or
Department Directors only. Make requests that will require staff to
prepare information to the City Manager.
F. Treat staff in a respectful manner at all times. Recognize good work by
staff. Communicate any concerns involving staff to the City Manager.
Refrain from criticizing staff in public.
G. Prevent disagreements with each other, the City Manager or staff from
becoming personal. Commit to and support teambuilding efforts when
necessary and appropriate.
H. Provide feedback on an ongoing basis.
I. In addition to ongoing communications, meet individually with the City
Manager at least monthly for Council members and twice a month for
the Mayor.
J. Seek and provide honesty, directness and openness.
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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.
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4. CITY COUNCIL APPOINTMENTS
1/14/14
The procedure for making appointments to various boards, commissions and
committees is as follows:
1. APPOINTMENT OF MAYOR PRO TEM
A. The City Council appoints a Council Member as Mayor Pro Tem to serve
the duties of Mayor in his/her absence.
B. The Mayor Pro Tem shall serve a term of one year.
C. The appointment of the Mayor Pro Tem takes place at the first meeting
in December of each year.
D. 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. 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. APPOINTMENT OF COUNCIL MEMBERS TO VARIOUS REGIONAL
BOARDS, COMMISSIONS AND COMMITTEES
A. There are a number of 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:
1. South County Area Transit (SCAT) Board of Directors
2. Council of Governments/Regional Transit Authority Board of
Directors (SLOCOG/SLORTA)
3. City Selection Committee (enabling legislation requires the Mayor
to be the primary representative)
4. South San Luis Obispo County Sanitation District Board of
Directors (enabling legislation requires the Mayor to be the
primary representative)
5. Integrated Waste Management Authority Board (IWMA)
6. Zone 3 Water Advisory Board
7. County Water Resources Advisory Committee (WRAC)
8. Economic Vitality Corporation Board of Directors (EVC)
9. Air Pollution Control District Board of Directors (APCD)
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10. Economic Opportunity Commission (EOC)
11. South County Youth Coalition
B. The City Council makes these appointments at the first regular meeting
in December following a municipal election.
C. Appointments include selection of a primary representative and
alternate.
3. APPOINTMENT OF CITY BOARDS, COMMISSIONS AND COMMITTEES
A. The City Council appoints representatives to the following City boards,
commissions and committees:
1. Downtown Parking Advisory Board
2. Traffic Commission
3. Planning Commission
4. Parks and Recreation Commission
5. Architectural Review Committee
6. Historic Resources Committee
B. The Mayor and each Council Member shall appoint one representative to
each respective Commission/Board/Committee, subject to approval by a
majority of the Council.
C. 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/Board/Committee may be
removed prior to expiration of their term by a majority vote of the Council.
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5. PROCESS FOR CITY COUNCIL APPEAL
OF PLANNING COMMISSION DECISIONS
12/1/10
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:
1. City Council will receive the Planning Commission Agenda the Friday prior to
the Planning Commission meeting.
2. 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.
3. City Council Members may determine if an appeal is desired after reviewing the
annotated Agenda.
4. 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 “City Council Member Items.”
5. In order to proceed with an appeal, the City Council shall adopt a motion to
appeal the action of the Planning Commission.
6. If approved by the City Council, the City Clerk will set a date for the hearing
within 60 days of the City Council’s decision to appeal the action and notifies
the affected applicant and Planning Commission.
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6. CITY COUNCIL PROTOCOL REGARDING COMMUNICATIONS
WITH PROJECT APPLICANTS
10/5/01
The following are informal protocol guidelines and procedures regarding meetings
between developers and City Council members to discuss upcoming projects.
1. When meeting with a project applicant, a council member should state that they
represent one vote on the City Council and any statements represent the
opinion of the individual council member only. Formal direction or action
requires consideration and approval by a majority of the City Council at a
lawfully scheduled and notified meeting.
2. A council member should encourage the applicant to meet with all other
members of the City Council and to seek their input.
3. 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.
4. 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.
5. 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.
6. 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.
7. Council members are encouraged to disclose ex parte contacts with a project
applicant before consideration of the project.
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7. ELECTRONIC COMMUNICATIONS DURING MEETINGS
08/14/12
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.
1. Electronic Communications shall mean electronic text or visual communications
and attachments distributed via e-mails, websites, instant messaging, text
messages, Twitter or comparable services.
2. Electronic devices (i.e., iPads issued by the City to Council Members for use of
storing agenda materials and accessing agenda materials during City Council
meetings shall be the property of the City and returned to the City when a
Council Member is no longer serving in his or her elected capacity. Agenda
packets will be distributed through the City’s Paperless Agenda Program so
that Council Members receive their agenda packets electronically. Council
Members may access agendas and agenda packets using City issued iPads or
other electronic devices (including, but not limited to personal computers and
smart phones).
3. City Council Members shall not use electronic devices or electronic
communications at any time during a meeting of the City Council at which he or
she is in attendance to access the internet or to receive or send emails, text
messages or other communications.
4. 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.
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8. GUIDELINES FOR COUNCIL DIRECTION ON ITEMS FROM
APPOINTED BOARDS AND COMMITTEES
9/11/12
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.
1. 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:
a. Items that will result in a one-time or annual direct financial impact to the
City of over $10,000.
b. 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.
c. Items that will create or increase a fee, tax or other charge to Arroyo
Grande residents.
d. 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.
e. Items involving issues that the City Council has received a significant
number of comments or correspondence from members of the
community.
2. 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.
3. 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 Information and Legislative Services to place the item on the next City
Council agenda. If there is not time available, referral of items from other
boards and committees may bypass the normal requirement for Council
Members to first place under “City Council Items” the request that the item be
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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.
4. 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.”
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9. COUNCIL COMMUNICATIONS
5/24/16
COMMUNICATION GENERALLY
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.
CORRESPONDENCE
Members of the City Council will often be called upon to write letters to citizens, businesses
or other public agencies. Typically, the Mayor will be charged with transmitting the City’s
position on policy matters to outside agencies on behalf of the City Council. Individual
members of the Council will often prepare letters for constituents in response to inquiries or
to provide requested information. City letterhead is available for this purpose, and staff can
assist in the preparation of such correspondence.
On occasion, members may wish to transmit correspondence on an issue upon which the
Council has yet to take a position or about an issue for which the Council has no position. In
these circumstances, members should clearly indicate either in correspondence or verbally
that they are not speaking for the City Council as a whole, but for themselves as one
member of Council. City letterhead and office support may be utilized in these
circumstances.
After the City Council has taken a position on an issue, official correspondence should
reflect this position. While members who may disagree with a position are free to prepare
correspondence on such issues as private citizens, City letterhead, official Council title, and
staff support should not be utilized. In addition, City letterhead and staff support cannot be
utilized for any personal or political purposes.
Council members are often asked to prepare letters of recommendation for students and
others seeking employment or appointment. It is appropriate for individual Council members
to utilize City letterhead and their Council titles for such letters.
All Council member correspondence using City letterhead shall be copied to the full Council,
the City Manager, the City Attorney, and the City Clerk. In addition, all Council
correspondence to public agencies in which the Mayor or Council Member identifies
themselves as such, shall be copied to the full Council.
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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.
MEDIA RELATIONS
Typically, the Mayor is the designated representative of the Council to speak on official City
positions.
Individual Council members may comment to the media but should be clear about whether
their comments represent the official City position or a personal viewpoint.
Generally, press releases shall be prepared and routed to the City Manager for approval
before release to the media.
Police and Fire responses to, and/or press releases regarding, emergencies may be
reported directly to the media by the designated department spokesperson.
Item 12.c. - Page 76