HomeMy WebLinkAboutReso 38-22 Amending and Readopting Council Policies & ProceduresRESOLUTION NO. 38-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
AMENDING THE CITY COUNCIL
POLICIES AND PROCEDURES MANUAL
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the Council Policies and Procedures Manual for the City of Morro Bay (the "Manual")
is a combination of City Council actions, policies, references, and information regarding the City Council;
and
WHEREAS, to ensure all Councilmembers are familiar with and understand the City of Morro Bay's
philosophies and policies regarding serving on the City Council, on July 23, 2001, the City Council adopted
Resolution 47-01 approving an early version of the Manual; and
WHEREAS, the Manual has been amended several times throughout the years; and
WHEREAS, at a Regular Meeting held January 25, 2022, the City Council directed a limited review
of the Manual and established a subcommittee consisting of Mayor Headding and Mayor Pro Tem Barton
to lead that review.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, that the City
Council Policies and Procedures Manual is readopted, as attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held
on the 26th day of April 2022 by the following vote:
AYES. Headding, Addis, Barton, Ford, He ler
NOES. None
ABSENT: None
TEST:
a^k-Ci
D • NA SWA SON, City Clerk
l
JOHN EDI y^rt
3)
•
City of Morro Bay
Council Policies and
Procedures
SCOPE
This manual establishes the procedures for the conduct of all meetings of
the City Council of the City of Morro Bay. The purpose of this manual
is to provide City Council's meeting will be consistent with the Brown Act
(Government Code Sections 54950 et seq.), and to establish procedures,
which will be convenient for the public, and contribute to the orderly
conduct of the City's business. The procedures herein are in addition to,
and not in place of, Morro Bay Municipal Code (MBMC) 2.08 and any
other applicable ordinances and statutes. In the event of conflict between
this manual and applicable ordinances or statutes, the latter shall govern.
Adopted by the City Council
July 23, 2001, Resolution No. 47-01
Updated by the City Council
August 12, 2002, Resolution No. 46-02
November 13, 2003, Resolution No 54-03
June 24, 2004, Resolution No 37-04
November 14, 2005, Resolution No. 42-05
May 22, 2006, Resolution No 23-06
May 14, 2007, Resolution No 24-07
October 8, 2007 Resolution No 50-07
November 10, 2008, Resolution No. 76-08
February 22 2010, Resolution No. 11-10
June 14, 2010 Resolution No 28-10
September 27, 2010 Resolution No 46-10
January 25, 2011, Resolution No. 11-11
April 26, 2022
December 11, 2012, Resolution No. 64-12
March 12 2013, Resolution No 19-13
Novembei 12, 2013, Resolution No. 53-13
June 10, 2014, Resolution No 36-14
August 25, 2015 Resolution No. 58-15
December 8, 2015, Resolution No. 74-15
May 10, 2016 Resolution No. 30-16
January 10, 2017, Resolution No. 01-17
August 22, 2017, Resolution No. 45-17
May 8, 2018 Resolution No 26-18
January 22, 2019, Resolution No. 10-19
May 28 2019 Resolution No. 39-19
December 10, 2019, Resolution No. 104-19
February 9, 2021, Resolution No. 08-21
April 26, 2022 2
RESOLUTION NO. 07-19
al-nsii4# a jt .: in • ata rentyrnsons ..'r
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
PLEDGING TO FOLLOW BEST PRACTICES OF CIVILITY AND CIVIL DISCOURSE
IN ALL OF ITS MEETINGS
ett
. ^-D d
THE CITY COUNCIL
City of Morro Bay, California
.it
WHEREAS, on November 10, 2015, the City Council adopted Resolution No. 70-15 pledging to follow best practices of
civility and civil discourse in all of its meetings, principles developed by the League of Women Voters; and
WHEREAS, on May 8, 2018, the City Council adopted Resolution No 27-18 restating its commitment to the principles of
civility and civil discourse in conducting business with appointed and elected officials, staff and citizens; and s.,
WHEREAS, a healthy democracy respects the people's right to debate issues with passion; and not only tolerates
disagreement but welcomes it; and
WHEREAS, honest debate helps refine ideas and create policies that benefit the greater good; and
WHEREAS, we, the Mayor, City Council Members, Commissioners, Appointees, and Staff of the City of Morro Bay, in
order to ensure civility and civil discourse in all of our meetings, reaffirm and pledge our commitment to the following
best practices of civility and civil discourse; and
WHEREAS, we pledge our commitment to listen first, making an honest effort to understand views and reasoning of
others by listening to understand, not listening to find fault, allowing thoughtful discussion to lead to the best possible
outcomes; and prikvipipsoirtwi....�s.; ..
cif
WHEREAS, we pledge our commitment to respect different opinions, by inviting and considering different perspectives,
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allowing space for ideas to be expressed, opposed and clarified in a constructive manner; and
WHEREAS, we pledge our commitment to show courtesy, by treating all colleagues, staff and members of the public in
a professional and courteous manner whether in person, online, or in written communication, especially when we
disagree; and4
WHEREAS, we pledge our commitment to avoid rhetoric and refrain from making slanderous, profane or personal
remarks intended to humiliate, malign, or question the motivation of those whose opinions are different from ours in
all our meetings; and
WHEREAS, we pledge our commitment to speak truthfully without accusation, and avoid distortion in all our meetings;
and •7--tip;4rrT
WHEREAS, we pledge our commitment to debate the policy not the person, focusing on the issue, and not
personalizing the debate or using other tactics that divert attention from the issue; and
WHEREAS, we pledge our commitment against violence and incivility in all their forms whenever and wherever they
occur in all our meetings; and
WHEREAS, we commit ourselves to build 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 Morro Bay and its people and not the disparagement of those
with whom we disagree.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, City of Morro Bay, California, that the Mayor, City Council
Members, Commissioners, Appointees, and Staff of the City of Morro Bay 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.
BE IT FURTHER RESOLVED, the City Council directs this resolution pledging best practices of civility and civil discourse
be brought forward in January of each year for re -affirmation by the City Council.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 22nd day
of January 2019 on the following vote:
AYES:
NOES:
ABSENT:
Headding, Addis, Davis, McPherson
Heller
None
JO
dtAt So13
DANA SWANSON, City Clerk
EADDING, Mayor
.-4
The above is to be readopted at the same time the policies are returned for adoption.
April 26, 2022
TABLE OF CONTENTS
PAGE
CHAPTER ONE MEtiTING GUIDELINNS & PROCEDURES
1.1 Meeting Schedule 5
1.2 Agenda 8
1.3 Meeting Procedures 11
1.4 Meeting Coverage 22
CHAPTER TWO: COUNCIL SALARY, BENEFITS AND REIMBURSEMENTS
2.1 Salaries for Mayor and Council Members 25
2.2 Retirement, Medical, Dental, Vision and Life Insurance 25
2.3 Professional Development 25
2.4 City Business and Mileage Reimbursement 26
2.5 General Procedures and Limitations 29
CHAPTER THREE: COUNCIL POWERS & APPOINTMENTS
3.1 Mayor - Power and Duties 31
3.2 Appointment of Mayor Pro Tempore 32
3.3 Filling Council Vacancies 32
3.4 General Powers of the Council 32
3.5 Administering Oaths: Subpoenas 33
3.6 Limitations 33
3.7 Method of Action by Council 33
3.8 Ordinances 33
3.9 Acceptance of Grants or Deeds 34
3.10 Legislative Action Program 34
3.11 Amicus Curiae Participation 34
3.12 Actions as Member of Another Legislative Body 34
3.13 Council Sub -Committees 34
CHAPTER FOUR: THE BROWN ACT AND E-MAIL
4.1 Application and Penalties 37
4.2 Major Provisions 37
4.3 Special Meetings 39
4.4 Emergency Meetings 39
4.5 Electronic Mail (e-mail), The Public Records Act and the Brown Act 39
4.6 Other Provisions 41
CHAPTER FIVE: COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 Intent 43
5.2 Guidelines for Council Members 43
5.3 Guidelines for Staff 44
5.4 Use of City Letterhead 45
CHAPTER SIX: ADVISORY BOARD PROCFDURES
6.1 County or Regional Representation 47
6 2 Other Council Representation, Sub -committees 47
6.3 Role of Advisory Board Members at Council Meetings 47
6.4 Role of City Staff Persons 48
6.5 Appointment Procedures 49
6.6 Process 49
April 26, 2022 4
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and
the manner in which special meetings may be called. Public interest and
convenience shall be primary considerations when decisions are made as to time
location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to
the public.
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the second and fourth Tuesday
of each month beginning at 5:30 p.m. In the event that a regular
meeting of the Council shall fall on a legal holiday, that regular
meeting shall be held at the same place and time on the next
succeeding working day A regular meeting can only be
cancelled after polling the majority of the Council in favor of the
cancellation.
1 1 2 2 Regular meetings shall be held in the Veterans Memorial
Building, 209 Surf Street, in the City of Morro Bay.
1.1.2.3 Regular meetings shall be between the hours of 5:30 p.m. — 9:30
p.m. It shall be the policy of the City Council to complete
meetings by 9 30 p m., unless a majority of the Council elects to
continue past the adjournment hour. If at the hour of 9:30 p.m.
the City Council has not extended the time to adjourn the
meeting or concluded its business, then the Council will review
the balance of the agenda and determine whether to extend the
meeting beyond the hour of 9:30 p.m., continue any remaining
items, or adjourn the meeting to another date and time.
April 26, 2022 5
1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions
between staff, advisory bodies or consultants, the public and the
City Council regarding specific programs, projects or policies.
Council may provide direction, but no formal action will be
taken during a Study Session. Study Sessions may be conducted
in a variety of formats, including Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City
limits and convenient to Council and advantageous foi public
participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three City
Council Members. Written notice of each special meeting must
be given not less than twenty-four (24) hours before such
meeting to each Member of the City Council not joining the call.
Special meetings may be cancelled only by consent of a majority
of the members of the Council not less than 24 hours before the
date of the special meeting. Notice of such cancellation shall be
given to all Council Members and written notice shall be posted
for the public not less than 24 hours before the meeting.
1.1.4.2 Written notice must be given to the City Council and to the
media twenty-four hours prior to each meeting, when requested.
1.1.4.3 A supplemental telephone call shall be made if necessary to
notify each Council Member.
1.1.4.4 No business other than that announced shall be discussed.
1.1.4.5 Any special meeting held at a place other than the Veterans
Memorial Building shall be open to the public. Such meetings
shall be held within the City limits. Notice requirements of the
Brown Act shall be complied with for any such meetings;
regular minutes shall be taken by the City Clerk and shall be
available for public inspection
April 26, 2022 6
1.1.5 CLOSED SESSION MEETINGS (closed to the public)
1.1.5.1 Closed Session Meetings may be called by the Mayor or three
City Council Members and are regulated pursuant to the Bi own
Act. The most common purpose of a closed session is to avoid
revealing confidential information that may, in specified
circumstances, prejudice the legal or negotiating position of the
City or compromise the privacy interests of employees. Closed
sessions should be conducted keeping those narrow purposes in
mind.
1.1.5.2 No Council Member, employee of the City, or anyone else
present shall disclose to any person the content or substance of
any discussion which takes place in a closed session, unless
authorized by a majority vote of the Council.
1.1.6 DESIGNATION AND USE OF COUNCIL CHAMBERS
1.1.5.1 The Veterans Memorial Building shall be designated as the
City's Council Chambers.
1.1.5.2 When a question arises regarding permission for any group to
use the Council Chambers, the City Manager shall have
authority to make the final decision. The following rules are
established as a guide:
a. Use of the Council Chamber for regular meetings by City
commissions, committees, and other advisory bodies
shall take precedence over any other group or agency. To
the extent possible, special meetings will be scheduled
around other regularly scheduled non -City uses. In the
event of a conflict, the City will give priority to
rescheduling or relocating any use displaced by a City -
related use.
b. Council chambers is available for other use on a first -
come -first -serve basis, after City, City -affiliated and
other regular uses are scheduled.
c. With the approval of the City Manager, and within the
provisions of existing video production agreements, other
local governmental agencies may use the Council
Chamber for the purpose of live or video cablecasting
public hearings and/or public meetings during regular or
non -business hours
April 26, 2022 7
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council
meetings can be conducted and to effectively implement the approved Council
Goals, Financial Plan and Budget, and also work programs, objectives, and
business of the City as established by the present or eailier City Councils. Agenda
items also include recommendations to the City Council from advisory bodies, land
use and zoning actions or appeals, bid and purchasing procedures, and mandates
from other levels of government. Staff shall work within the policy context
established by the Council and will not arbitrarily place matters on the agenda that
are outside the scope of existing work programs of the City, except as approved by
the Mayor or a majority of the Council, and to inform and advise the Council of
matters necessary to the proper operation and well-being of the City.
Tentative Council Meeting Agenda - Every effort will be made to provide
it to the City Council and staff before the close of business on the second
Friday prior to the Council meeting.
b. The full agenda packet for regular meetings of the City Council and all City
Advisory Boards will be published a minimum of 120 hours (oi five
calendar days) prior to the meeting. Agenda packets for special meetings
will be published a minimum of 48 hours (or two calendar days) prior to the
meeting.
The process for determining the format and order of the agenda is based primarily
on the order of business adopted by the City Council (see Section 1.2.7). The
process for establishing the order of specific business and public hearing items is a
collaborative one determined largely by anticipated public attendance (those
matters involving greater audience attendance are usually scheduled ahead of other
items). The City Manager shall meet with department heads on a regular basis,
individually and as a group to discuss issues and to review upcoming agenda items.
In addition, the City Manager shall review the agenda materials with the Mayor, or
in the Mayor s absence, the Mayoi Pio Tempore. The final agenda is set subject to
the approval of the Mayor (or Mayor Pro Tempore) after consultation with the City
Manager.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by
submitting a request, orally or in writing, to consider the matter and by discussing
the request during the `Declaration of Future Agenda Items" section of the regular
agenda. If a majority of the Council approves including that matter on an upcoming
agenda, then staff will prepare a staff report, as determined by the City Manager,
unless otherwise directed by the Council
April 26, 2022 8
If only one other Council Member supports hearing the item, then an item will be
listed on the next available agenda, as determined by the City Manages, unless
otherwise directed by the Council. The Council Member who made the request for
the agenda item shall be responsible for providing the Council report and the
Council will take no action on the substance of the matter at that review, unless
there is adequate public notice and information is provided for the Council to make
an informed decision. If no other Council Member supports hearing the item, then
the item will not be placed on the agenda.
Pursuant to Section 1.2, the Mayor is responsible for establishing the Agenda and
may place an item on the agenda without Council support In such a situation, the
Mayoi, or Council Membei who the Mayor is accommodating, shall be responsible
for providing a Mayor or Council Report.
The Council has an approved strategic planning process to set the City's annual
goals, objectives and action plans. In order to ensuie that City staff has sufficient
time and resources to accomplish these established priorities adding future items
to the workplan during the year is discouraged. Exceptions are warranted should
unforeseen events occur that threaten the health, safety or financial wellbeing of the
City and Council action is required. Should new items be recommended that are
not part of the City Goal and Action Item plan nor meet the exception noted, the
City Manager has the discretion to request that an action item be removed to allow
sufficient time to address the added item.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties
and responsibilities shall be timely placed on the City Council agenda by staff who
shall comply with the City's approved Council Agenda Preparation Policy. In the
event an advisory body desires to bring a matter of special consideration to the City
Council (new ideas or concerns, for example), it may request an item be placed on
a future agenda by submitting a written request to the Council approved by a
majority of the advisory body members and signed by the Chair. During
Declaration of Future Agenda Items, any member of the Council may ask for
consideration of the request and upon a majority of Council, a staff report will be
prepared and approved by the City Managei or his/her designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during
the Public Comment period at the beginning of every Council meeting, or via other
communication with Council Members. Any Member of the Council may ask for
consideration of that request pursuant to those procedures set out in 1.2.2.
1.2.5 EMERGENCY ITEMS
April 26, 2022 9
1imergency items may be placed on the agenda only in accordance with the Brown
Act. Generally, only those matters affecting public health or safety may be
considered emergency in nature. A four -fifth's vote of Council is necessary to add
an emergency item.
1.2.6 RECONSIDERATION
Reconsideration of issues previously acted upon is discouraged. However, in
extraordinary situations, a request to reconsider an action taken by the City Council
may be considered. The request must be presented by a Council Member who voted
with the majority at the Council meeting at which the original vote was taken. The
vote may be reconsidered during that meeting, but no later than the next Council
meeting. Debate is limited to the question of whether there is a majority of the
Council interested in reconsidering the matter. If a majority of the Council votes
to reconsider an action, then the matter can be heard at that same meeting or placed
on the next or future agenda, as directed by the Council. Notwithstanding the
foregoing, as a governmental legislative body, the Council reserves the right to
consider or reconsider any matter within its jurisdiction that a majority of the
Council deems appropriate, particularly if new information becomes available or
circumstances change.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1
1.2.7.2
1273
1274
1275
1.2.7.6
1.2.7.7
1.2.7.8
1.2.7.9
1.2.7.10
1.2.7.11
1.2.7.12
1.2.7.13
1.2.7.14
Establish Quorum and Call to Order
Moment of Silence
Pledge of Allegiance
Recognition (Certificates of Appreciation or other forms of
recognition for residents and staff)
Closed Session Report
Mayoi and Council Members Reports, Announcements and
Presentations*
City Manager Reports Announcements and Presentations (City
Manager, Director and Advisory Board Reports)
Presentations (Proclamations and Public Presentations)
Public Comment (generally for items not on the agenda)
Consent Agenda
Public Hearings
Business Items
Council Declaration of Future Agenda Items
Adjournment
*Intended for reporting back to the full Council and the public on items, issues or
meetings associated with other Council duties, e.g., assignments to other official
bodies, attendance at League of California Cities meetings, etc
April 26, 2022 10
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public
interest that appear on a City Council or Planning Commission agenda where
advertising is required by law. Said advertisements shall include location maps,
project descriptions and posting of property if required, written in plain Finglish in
order to fully inform all interested individuals. Similar information will appear on
the City's website.
All advertising shall be accomplished in an economical manner. All affidavits of
publication will be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.,1 The Mayor is the Presiding Officer and acts as Chair at Council
meetings.
1.3.1.2 In the absence or incapacity of the Mayor, the Mayor Pro
Tempore will serve as Presiding Officer.
1.3.1.3 In the absence of both the Mayor and Mayor Pro Tempore, a
majority of the quorum shall select one of the Council Members
present to act as Chair for the meeting.
1.3.1.4 Seating arrangement of the Council:
The Mayor shall establish seating arrangements for regular
Council meetings.
1.3.1.5 Signing of City Documents:
The Mayor, unless unavailable, shall sign all ordinances,
resolutions, contracts and other documents which have been
adopted by the City Council and require an official signature,
except where the City Manager or other designee, has been
authorized by Council to sign documents. In the event the
Mayor is unavailable, the Mayor Pro Tempore's signature may
be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of
business.
April 26, 2022 11
1.3.3 DISCUSSION RULES
1.3.3.1 Procedure Order
For discussion of items on the agenda, the following order is followed:
a) Presentation of the Staff Report
b) Council Member Questions
c) Public Comments
d) Council Member Discussion/Decision and Motion(s)
1.3.3.2 Obtaining the floor:
1.3.3.2.1
A City Council Member or staff shall first address
the Presiding Officer and gain recognition, or the
Presiding Officer may call upon Council Members to
ask if they desire to ask questions or provide
comments.
1.3.3.2.2 Comments and questions shall be limited to the issue
before Council.
1.3.3.2.3 Cross -exchange between Council Members and
public should be avoided.
1.3.3.3 Questions to Staff:
A Council Member shall, after recognition by the Presiding
Officer, address questions to the designated staff member.
Questions shall be limited to the specific agenda item being
considered. Council Members are encouraged to provide
questions to staff prior to meetings.
1.3.3.4 Interruptions:
1.3.3.4.1
Once recognized, a Council Member shall not be
interrupted while speaking except to make a point of
order or personal privilege.
1.3.3.4.2 If a Council Member is called to order while
speaking, then the individual shall cease speaking
until the question of order is determined.
1.3.3.4.3 Upon being recognized by the Mayor, members of
staff shall hold the floor until completion of their
April 26, 2022 12
remarks or until recognition is withdrawn by the
Presiding Officer.
1.3.3.5 Limitation on Discussion:
No Council Member shall speak more than once on a particular
subject until every other Council Member has had the opportunity
to speak. Council Members should discuss items during the
decision -malting piocess as opposed to during Council Member
questions.
1.3.3.6 Tabling Procedure:
The purpose of the Motion to Lay on the Table also known as a
Motion to Table is to enable the City Council, by majority vote
and without debate, to lay a pending question aside temporarily
when something else of immediate urgency has arisen or when
something else needs to be addressed before consideration of the
pending question is resumed. The Motion shall not be used to cut
off debate and shall only be used when it is necessary to suspend
consideration of a main motion as per the reasons mentioned
above
1.3.3.7 Right of Protest:
A Council Member is never required to state reasons for dissent,
but is encouraged to for purposes of public/Council discernment.
1.3.3.8 Rules of Procedure:
Morro Bay Municipal Code Section 2.08.100 provides the
proceedings of the Council shall be governed by Robert's Rules
of Order, revised edition.
1.3.3.9 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the
minutes, then he/she should precede the statement with "for the
record," or request the City Clerk to enter it into the record
following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Parliamentary procedure consists of those rules in effect according to City Council
policy (State law and Robert's Rules, to the extent applicable to a public legislative
body). The following summarizes the most frequently used actions.
1.3.4.1 Council Members and staff shall:
April 26, 2022 13
1.3.4.1.1 Work earnestly to preserve appropriate order and
decorum during all meetings.
1.3.4.1.2 Side conversations, disruptions, interruptions or
delaying efforts are discouraged.
1.3.4.2 Members of the public and/or Council Members demonstrating
rude, boisterous, or profane behavior will be called to order by
the Presiding Officer. If such conduct continues, then the
Presiding Officet may call a recess request the removal of such
person(s) from the Council Chamber, adjourn the meeting, or
take such other appropriate action as permitted by the Brown
Act.
1.3.4.3 Only the City Council, staff, Designated Representatives, and
those authorized by the Presiding Officer shall be permitted to
sit at the Council or staff tables.
1.3.4.4 Enforcement of order:
1.3.4.4.1 The Police Chief or his/her designee shall act as the
Sergeant -at -Arms.
1.3.4.4.2 Any Council Member may request the Presiding
Officer to enforce the rules of protocol. Upon motion
and majority vote the Presiding Officer shall be
required to do so.
1.3.5 BEHAVIOR AND CIVIL DISCOURSE POLICY
The City encourages the willingness to speak up and to listen within a framework
of respect and understanding Toward that end the Council has adopted Resolution
No. 07-19, a Resolution of the City Council of the City of Morro Bay California,
Pledging to Follow Best Practices of Civility and Civil Discourse in All of Its
Meetings, both on the part of any public comment as well as any comments from
the members of the City Council. Those principles were crafted by the League of
Women Voters of San Luis Obispo County, and are memorialized on Page 7 of this
document.
1.3.6 VOTING PROCEDURES
1.3.6.1 If a Council Member, who is present at a meeting and not
precluded from voting due to a conflict of interest abstains that
abstention will be construed as a vote on the prevailing side. If
there is a tie vote, not counting the Council Member who
abstained, then there is no prevailing side.
April 26, 2022 14
1..3.6.2 No ordinance, resolution or motion shall be passed or become
effective without receiving the affirmative vote of at least three
non -abstaining Council Members.
1.3.6.3 A conflict of interest shall be declared whenever appropriate and
in compliance with State law and the Council Member will
disclose the nature of the conflict of interest, step down and shall
not make participate in malting, or influence the decision.
1.3.6.4 A vote may not be changed by a Council Member after the vote
announcement by the Presiding Officer or City Clerk; piovided,
that with the consent of the City Council a correction of the vote
may be made.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or
request the Presiding Officer to restate the motion, if required
for Council or public clarification.
1.3.6.6 Voice voting is the preferred method for recording Council
votes.
1.3.6.7 A roll call vote may be taken at the discretion of the Presiding
Officer. The City Clerk will call the roll for the roll call vote in
the following manner: 1) Council Members in alphabetical order
by last name; 2) Mayor Pro Tem; and, 3) Mayor last. The City
Clerk shall state for the record the name of any Council Member
who is recused or has abstained.
1.3.6.8 General consent votes may be taken at the discretion of the
Presiding Officer, if there are no negative votes or objections by
Council Members.
1.3.6.9 Upon the request of any Council Member, the ayes and noes
shall be taken and recorded on any vote.
1.3.6.10 The ayes and noes shall be taken upon the passage of all
ordinances and resolutions and entered upon the journal of the
proceedings of the Council.
1.3.6.11 Following the vote the Presiding Officer or City Clerk shall
announce whether the questions have been carried or defeated.
1.3.6.12 Tie votes If a tie vote occurs, then the Council is required to
continue the item by majority vote or make motions until an
action receives three affirmative votes.
April 26, 2022 15
1.3.6.13 The Presiding Officer may publicly explain the effect of the vote
for the audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT
Members of the public may address the City Council in a variety of ways. Written
comments on agenda items are encouraged. As a courtesy to the Council, citizens
are encouraged to present written comments at least one day prior to the meeting.
Comments may be hand-written or submitted via email to
council@morrobayca.gov. This provides the Council with a greater opportunity to
review and consider issues and/or concerns expressed in written communications
prior to a meeting. Comments received before 10:00 a.m. on the day of the meeting
will be distributed to City Council Members and published on the City website.
Wr rtten material distributed at the meeting will be made a part of the public record.
If the material is too voluminous for Council to review during the meeting or is new
material not previously considered, then Council may at its discretion continue the
item to a future meeting. The following are guidelines for providing public
comments:
1.3.7.1 During Public Comment period, at the beginning of every
meeting, members of the public may address the City Council
on items that are not on the printed agenda or that are on the
agenda when the individual cannot be present when the item is
considered per the agenda. For Consent Items, Public Hearing
Items, and Business Items, the Presiding Officer will invite
comments from the public in support of, or in opposition to each
specific Agenda Item following the staff report and any
questions from Council to Staff. Those individuals desiring to
speak may be asked to fill out a speaker's slip but a speaker
cannot be required to fill out a speaker s slip. They are located
on the table at the entrance to the Council Chambers (Veterans
Hall).
1.3.7.2 Individuals desiring to speak shall:
1.3.7.2.1 Address the Council from the podium after giving
name and City of residence. Speakers may decline to
provide their name if so desired. Speakers shall direct
their comments to the Council not the audience.
1.3.7.2.2 Limit comments to three minutes or to the interval
specified by the Presiding Officer. To provide an
opportunity for all to speak during a meeting, the
maximum time permitted for each speaker to speak
on a particular matter may be reduced by the
Presiding Officer when a large number of speakers
wish to address the Council on that matter. The
April 26, 2022 16
Presiding Officer, with the majority of Council
Members, may reopen the public comment period to
hear additional public comment. Council Members
may ask questions of anyone present without
reopening the public comment pei iod. Speakers
may speak only once on a given issue and may not
cede their time to another speaker.
1.3.7.2.3 Each person addressing the City Council shall do so
in an orderly manner. and the Council respectfully
requests that speakers refrain from making
repetitious slanderous or irrelevant remarks or
engaging in any other disorderly conduct which
disrupts, disturbs, or otherwise impedes the orderly
conduct of the Council meeting. Any person who so
disrupts the meeting may at the discretion of the
Presiding Officer or a majority of the City Council
present, be subject to ejection from that meeting.
1.3.7.2.4 Persons addressing the Council shall address the
Council as a whole and shall not engage in a dialogue
with individual Council Members, City staff or
members of the audience. No questions shall be
asked of a Council Member or a member of City staff
without first obtaining permission of the Presiding
Officer. The Presiding Officer shall determine
whether or in what manner, an answer will be
provided. Any person violating this rule while
addressing the Council shall be called to order by the
Presiding Officer.
1.3.7.3 Except as otherwise permitted by the Brown Act, action may
not be taken on issues not listed on the agenda. Staff may be
asked to follow-up on such items.
1.3.7.4 Council Members actions
1.3.7.4.1 Council Members may question the person
addressing the Council at the conclusion of the
person's comments or upon expiration of the
person's time to speak.
1.3.7.4.2 Council Members shall not engage the person
addressing the Council in a dialogue with the City
Council or City staff but shall confine
communication to a question and answer format
conducted through the Presiding Officer.
April 26, 2022 17
1.3.7.4.3 If a member of the audience has addressed the
Council on matters which are not on the agenda,
then Council Members shall refrain from extended
discussion of the matter. If a Council Member so
wishes, then the Council Member may seek to have
the City Manager place the matter on the next
agenda in accordance with this policy.
1.3.7.5 Upon violation of the rules of order and decorum established in
Section 1 3 2 — 1.3.7 of this manual, the procedure to enforce the
rule shall be as follows:
1.3.7.5.1 Warning: The Presiding Officer shall request a
person who is violating the rules of decorum cease
such conduct If, after receiving a warning from the
Presiding Officer, the person persists in disturbing
the meeting the Mayor shall order the person to
leave the City Council meeting. If the person does
not leave the meeting, then the Presiding Officer may
order any law enforcement officer who is on duty at
the City Council meeting as sergeant -at -arms to
remove the person from the City Council chambers.
1.3.7.5.2 Removal: Any law enforcement officer who is
serving as sergeant -at -arms at the City Council
meeting shall carry out the orders and instructions
given by the Presiding Officer for the purpose of
maintaining order and decorum. Upon instruction of
the Presiding Officer, it shall be the duty of the
sergeant -at -arms to remove from the City Council
meeting any person who is disturbing the
proceedings of the City Council.
1.3.7.5.3 Resisting Removal: Any person who resists removal
by the sergeant -at -arms may be charged with a
violation of the rules of order and decorum, as well
as any other applicable ordinance or law.
1.3.7.5.4 Motion to }enforce: If the Presiding Officer fails to
enforce the rules of order and decorum set forth in
Section 1.3.2 — 1.3.7, then any Member of the City
Council may move to require the Presiding Officer
to do so, and an affirmative vote of a majority of the
City Council shall require the Presiding Officer to do
so An affirmative vote of a majority of the Council
may appeal to the entire Council the ruling of the
April 26, 2022 18
Presiding Officer that a person be removed from the
meeting, in which event the decision of the Council
majority shall govern and conclusively determine
such question If the Presiding Officer fails to carry
out the will of the majority of the City Council, then
the majority may designate another Member of the
City Council to act as the Presiding Officer for the
limited purpose of enforcing the rules of order and
decorum established in Section 1.3.2 - 1.3.7.
1.3.7.5.5 Clearing the Room: If a meeting of the City Council
is disturbed or disrupted in such a manner as to make
infeasible or improbable the restoration of order, then
the Presiding Officer or a majority of the City
Council may exercise the authority granted in the
California Government Code section 54957.9 by
ordering the meeting room cleared and continuing in
session in the manner authorized by Section 54957.9
of the Government Code.
1.3.8 CONSENT ITEMS
Consent Items are the first items on the agenda. Only items that are routine, relate
to implementation of approved budget items or to City operations, or are items to
be later set for public hearing are to be placed on the Consent Agenda. Items of
significant neighborhood or community public interest should be heard as a Public
Hearing or Business Item, and not placed on the Consent Agenda
1.3.8.1 Minor Questions. A Council Member may ask questions on any
item without it being pulled from the Consent Agenda. When a
Council Member has a minor question for clarification
concerning a Consent Item that will not involve extended
discussion, the item may be pulled for clarification at the
beginning of the meeting and the questions will be addressed
along with the rest of the Consent Agenda. There should be no
objections at this time. Council Members are encouraged to
seek clarifications prior to the meeting (whenever possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item
simply to register a dissenting vote, a request should be made
that the item be pulled for separate vote without discussion.
Such items will also be handled at the beginning of the meeting
along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion.
A member of the public may request the Council to pull an item
April 26, 2022 19
for discussion during the initial public comment period, but the
discretion to pull that item will remain with the Council.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda,
unless a majority of the Council chooses another time.
1.3.9 NOTICED PUBLIC HEARINGS
During the pendency of any Public Hearing that is a quasi-judicial proceeding, no
Council Member or Planning Commissioner shall engage in an ex parte
communication with any "Interested Party" who intends to influence the decision
of the Council or Commission in a proceeding, unless the Council Member or
Commissioner discloses the ex parte communication on the Council or
Commission s record. "Interested Party" means any individual with an interest in
the quasi-judicial proceeding that is greater than the general interest of the public
as a whole. The term includes but is not limited to, parties involved in the
proceeding parties that may be significantly affected by the decision, and nonprofit
or public interest organizations and associations with a special interest in the matter
regulated. A member of the public at large who expresses a casual or general
opinion about a pending proceeding would not necessarily be an "Interested Party."
Matters, which are required to be heard in a noticed Public Hearing, shall be
conducted in the following manner:
1.3.9.1 Time for Consideration: Matters noticed to be heard by the City
Council shall commence in the order provided in the agenda.
Public hearings are the first order of business following the
Consent Calendar.
1.3.9.2 Continuance of Hearing: Any hearing being held or noticed or
ordered to be held by the City Council may by order or notice
of continuance, be continued or re -continued to any subsequent
meeting.
1.3.9.3 Conduct of Hearings: When a matter for Public Hearing comes
before the City Council, the Presiding Officer may:
1.3.9.3.1 Call for a report on noticing from the City Clerk.
1.3.9.3.2 Ca11 for a report on written communications received
by the City pertaining to the item being heard.
1.3.9.3.3 Request that staff present the staff report and any
other relevant evidence. Presentation of the staff
report prior to the formal opening of the Public
Hearing shall not prevent its consideration as
April 26, 2022 20
evidence. Any such evidence shall be made a part of
the record of the Public Hearing.
The Presiding Officer shall then recognize the applicants,
appellants and their representatives in the cause who shall be
permitted to speak first during the public comment portion of the
applicable matter for not more than 10 minutes or the time
allowed by the Presiding Officer, to present evidence related to
the matter under consideration. The applicants, appellants and
their representatives shall address the Council from the lectern
after giving their names and the names of the
applicants/appellants they are representing, if different.
The Presiding Officer shall then recognize members of the
public. No person may speak without first being recognized by
the Presiding Officer. City Council Members who wish to ask
questions of the speakers or each other during the Public Hearing
may do so. Council Members should be mindful the purpose of
the Public Hearing is to obtain testimony, and not to debate the
merits of the item under consideration. Council Members
should avoid debate and expressions of personal opinion until
after the close of the public testimony portion of the Public
Hearing. The Presiding Officer shall conduct the hearing in such
a manner as to afford due process to all affected persons. For
Public Hearings, when 10 or more members of the public desire
to speak, the Presiding Officer may request speaker slips to be
completed and delivered to the Clerk before the item is
considered. Comments shall then be allowed first by those
submitting a slip and in the order received by the Presiding
Officer. Comments from the public shall be limited to three
minutes per speaker for Public Hearings unless the City Council
affirmatively decides otherwise. For Public Hearings that have
the potential to be appealed to the California Coastal
Commission, members of the public who desire to receive notice
of any further proceedings shall write their name and address on
the interested parties list at the back of the room.
The Presiding Officer shall then close the public testimony
portion of the Public Healing. After the public testimony
portion of the Public Hearing is closed, no member of the public
shall be permitted to address the Council of the staff, except at
the discretion of the Presiding Officer or the majority of the
Council. Council Members may still, however, ask questions of
staff or members of the public. Upon conclusion of Council
deliberations and immediately prior to a motion, the Presiding
Officer shall formally close the public hearing, which can be
accomplished by the Presiding Officer declaring the matter is
April 26, 2022 21
being brought back to the Council for discussion or other manner
to clearly indicate the hearing portion of the matter has
concluded. Upon formal closing of the public hearing no
additional public testimony shall be solicited or received without
reopening the hearing.
1.3.9.4 1-ividence. All persons interested in the matter being heard by
the City Council shall be entitled to submit written evidence or
remarks, as well as other graphic evidence. All such evidence
presented shall be retained by the City Cleric or appropriate City
department as part of the official recoi d of the proceeding Prior
to declaring the public hearing open, the Piesiding Officer may
establish a time limit for the entire public hearing and establish
time limits for the presentation of each individual speaker.
1.3.10 BUSINESS ITEMS
Business Items follow Consent Items and Public Hearings (if any) on the agenda.
Business Items can include new matters or matters continued from one or more
earlier meetings. Opportunity for public comment as discussed in Section 1.3.7,
above, will be provided for each Business Item.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the Morro Bay City Council is to enhance
the awareness and education of the general public regarding the actions and
deliberations of the City Council.
1.4.1 Coverage of City Council meetings shall be gavel -to -gavel; whether
presented to the public live or taped, Council coverage is not to be edited
or subjected to editorial comment.
1 4 2 All City Council meetings shall be cablecast or taped for broadcast,
except for meetings or portions of meetings which are closed to the
public, or when the majority of the Council directs otherwise.
1.4.3 Cameras used for the gavel -to -gavel coverage shall be operated only by
City employees, thins, or persons authorized by the City.
1.4.4 Cameras shall be operated so that they are primarily focused on the
officially recognized speaker, and on any visually displayed information
they may be showing.
1.4.5 "Reaction" shots will not be permitted.
1.4.6 The City Clerk's minutes shall remain the official record of Council
proceedings. Other recordings are for convenience and occasionally
April 26, 2022 22
•
used when a verbatim transcript is required in legal proceedings. Audio
recordings have a 2-year retention and video recordings have a 10-year
retention. Meeting minutes are permanent.
1.4.7 As soon as reasonably possible following each Council meeting, but not
later than the second regular meeting after, the City Cleik shall include
a copy of the minutes, thereof, as a Consent Item foi the agenda of a
regular Council meeting
April 26, 2022 23
April 26, 2022 24
CHAPTER TWO
COUNCIL SALARY, BENEFITS AND REIMBURSEMENTS
Council salary. financial benefits and reimbursements are established by Council action
and in conformance with State law, the MBMC, and duly adopted and effective resolutions.
Below is a description of the same but may not include all that are applicable.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered by the Mayor and Council Member in an
official capacity, shall be provided in accordance with State law and the MBMC.
The Citizens Finance Advisory Committee will be asked every 4 years, starting
with 2020, to provide the Council a recommendation on whether any changes
should be made to that compensation.
2.2 RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
The Mayor and Council Members are required to participate in P.A.R.S. retirement
The City shall pay a contribution to P.A.R.S. equal to 1% of salary. The City shall
pay, in full, the cost of the Mayor's and Council Members' participation in lowest
cost medical plan (self -only) dental, vision, and life insurance.
2.3 PROFESSIONAL DEVELOPMENT
The Mayor and each Council Member shall be reimbursed for normal and
customary business expenses as follows:
2.3.1 BUSINESS TRAVEL EXPENSE AND CONFERENCE
REGISTRATION
The Mayor and each Council Member shall be reimbursed for normal and
incidental expenses and for costs of professional development and educational
conferences designed to improve understanding of and proficiency in municipal
affairs. Such reimbursement shall be for out -of -county expenses only and shall be
reimbursed in accordance with accepted City Travel Guidelines.
2.3.1.1 Authorized Expenses. City funds, equipment, supplies
(including letter head), titles and staff time must only be used
for authorized City -business Expenses incurred in connection
with the following types of activities generally constitute
authorized expenses, as long as the other requirements of this
section are met:
• Communicating with representatives of regional, state and
national government on City -adopted positions.
April 26, 2022 25
•
Attending educational seminars designed to improve
official's skill and information levels.
• Participating in regional, state and national organizations
whose activities affect the City's interests.
• Recognizing service to the City (i.e. thanking a longtime
employee with a retirement gift or celebration of nominal
value and cost).
• Meetings such as those listed above for which a meeting
stipend is expressly authorized under this section.
All other expenditures require prior approval by the City Council,
including international and out-of-state travel.
2.3.1.2 hxpenses Not Eligible for Reimbursement.
•
•
•
•
•
The personal portion of any trip.
Political or charitable contributions or events.
Family expenses, including partner's expenses,
accompanying official on City -related business.
Entertainment expenses, including theater, movies, sporting
events (including gym, massage and/or golf related
expenses) or other cultural events.
Alcohol/personal bar expenses.
Except as provided in 2.4.2 and .3, personal automobile
expenses.
Personal losses incurred while on City business
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
The Mayor and each Council Member shall be reimbursed as follows:
2.4.1 CITY BUSINESS
when
For costs incurred in connection with official City business, the Mayor and Council
Members shall be reimbursed for in -county expenses, including meals, tickets,
periodicals, dues, subscriptions, and similar miscellaneous expenses, if receipts for
those expenses are provided.
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be
made upon submittal of an official mileage expense form.
April 26, 2022 26
2.4.3 TRANSPORTATION
When attending conferences or meetings that are of such distances it is more
economical to take commercial air fare if an official drives his/her car to such
meetings, then commercial air fare will be paid and not automobile mileage.
Government and group rates must be used when available.
2.4.3.1 Airfares that are reasonable and economical shall be eligible for
purposes of reimbursement.
2 4 3 2 Automobile mileage is reimbursed at IRS rates in effect at the
time of travel. Those rates are designed to compensate the driver
for gasoline, insurance, maintenance, and other expenses
associated with operating the vehicle. This amount does not
include bridge and road tolls which are also reimbursable.
2.4.3.3 Car Rental rates that are reasonable and economical shall be
eligible for purposes of reimbursement.
2.4.3.4 Taxi and shuttle fares may be reimbursed, including a 15%
gratuity per fare, when the cost of such fares is equal or less than
the cost of car rentals, gasoline and parking combined, or when
such transportation is necessary foi time -efficiency.
2.4.4 LODGING
Lodging expenses will be reimbursed or paid for when travel on official City -
business reasonably requires an overnight stay. If such lodging is in connection
with a conference, then lodging expenses must not exceed the group rate published
by the conference sponsor for the meeting in question if such rates are available at
the time of booking Travelers must request government rates, when available. If
the group rate is not available, then reimbursement at the IRS rate in effect at the
time of travel shall apply.
2.4.5 MEALS
Actual expenses shall be reimbursed subject to the maximum per diem for the mean
as set by the IRS rate in effect at the time of travel. (Cal. Gov t. Code 53232.2) and
Publication 1542 at www.irs.gov). The City will not pay for alcohol/personal bar
expenses.
April 26, 2022 27
2.4.6 MISCELLANEOUS EXPENSES
Officials will be reimbursed for actual telephone, fax, and parking expenses
incurred for City -business. Telephone bills should identify which calls were made
for City -business.
2.4.7 CASH ADVANCE POLICY
From time to time, it may be necessary for an official to request a cash advance to
cover anticipated expenses while traveling or doing business on the City's behalf.
Such request for an advance should be submitted to the City Manager ten working
days prior to the need for the advance with the following information:
1. The purpose of the expenditures.
2. The benefits of such expenditures to the residents of the City.
3. The anticipated amount of the expenditures(s) (for example, hotel rates,
meal costs, and transportation expenses).
4. The dates of the expenditure.
Any unused advance must be returned to the City within five working days after
the official's return, along with an expense report and receipts documenting how
the advance was used. In the event the City Manager is uncertain as to whether a
request complies with this policy, the official must seek resolution fiom the City
Council.
2.4.8 CREDIT CARD USE POLICY
For travel expenses the preference is for Council Members either to (i) submit a
reimbursement request upon return (with the proper forms completed and receipts
attached) or (ir) request a payment advance for travel, whenever it is not possible
to have expenditures charged directly to the City or utilize the City Clerk/City
Manager's credit cards for travel and accommodation arrangements. If an advance
is made, then receipts are required for all expenditures, as is return of the unspent
portions of the advance. It is understood there may be circumstances where a
Council Member cannot prepay for expenditures. In such cases, with approval
through the City Manage', a credit card will be ordered in the Council Member's
name. The credit card may only be used for authorized expenditures during the
authorized travel.
2.4.9 EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES
All cash advance expenditures and expense reimbursement requests must be
submitted on an expense report form provided by the City. That form shall include
the following advisory:
"All expenses reported on this form must comply with the City's
policies relating to expenses and use of public resources. The
April 26, 2022 28
information submitted on this form is a public record. Penalties for
misusing public resources and violating the City's policies include
loss of reimbursement privileges restitution, civil and criminal
penalties as well as additional income tax liability.
Expense reports must document that the expense in question met the requirements
of this Policy. Officials must submit their expense reports within 10 working days
after an expense has been incurred accompanied by receipts documenting each
expense. Restauiant receipts, in addition to any credit card receipts, are also part
of the necessary documentation.
Inability to provide such documentation within 10 calendar days after travel may
result in the expense being borne by the official.
In the event the official does not attend the trip and non-refundable expenses have
been incurred for registration, lodging or travel, the non -attending official shall
submit a written explanation of the reasons for non-attendance to the City Manager.
The City Manager shall determine if the public funds advanced must be reimbursed
to the City. Any decision of the City Manager may be appealed to the City Council
2.4.10 REPORTS TO CITY COUNCIL
At the next regular City Council meeting, the Mayor and City Council shall briefly
report on the meetings attended by that person at City -expense. If multiple officials
attended, then a joint report may be made.
2.4.11 COMPLIANCE WITH LAWS; VIOLATION
City officials should keep in mind that some expenditures may be subject to
reporting under the Political Reform Act and other laws. All City expenditures are
public records subject to disclosure under the Public Reports Act and other
applicable laws. Use of public resources or falsifying expense reports is a violation
of this Policy and may result in any or all of the following: 1) loss of reimbursement
privileges, 2) a demand for restitution to the City, 3) the City s reporting the
expenses as income to the elected official to state and federal tax authorities, 4)
civil penalties of up to $1,000 per day and three times the value of the resources
used, and 5) prosecution for misuse of public resources.
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to
ensure expenditures and reimbursements are in compliance with approved budget
allocations. The Mayor and each Council Member is expected to plan business
activities so as to stay within budget. When exceptional circumstances require
additional amounts be allocated to accounts, formal Council action shall be
required.
April 26, 2022 29
2.5.1 ACCOUNTING
An account shall be established in the name of the Mayor and each Council Member
with all expenditures charged to the individuals. Receipts shall be submitted within
the fiscal year.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non -local
professional development and conferences Those guidelines include all non -local
official meals, tuition or fees, transportation to meeting sites, materials and
telephone usage.
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor or a Council Member is designated by the City
Council to represent the City at special meetings, reimbuisement shall be made
from the appropriate Travel Expense Account.
2.5.4 HONORARIUM
The Mayor and Council Members are not permitted, by law, to receive an
honorarium as a result of his/her participation in a meeting or conference. The
Mayor or Council Members may receive income for personal services provided at
a meeting or conference, if those services are customarily provided in connection
with the practice of het/his bona fide business or profession, unless the sole or
predominate activity of the business or profession is making speeches. If the Mayor
or Council Member receives such income, then the amount of that income shall be
deducted from the amount normally provided by the City for that meeting or
conference if the City paid for the Mayor or Council Member's attendance at such
meeting or conference.
2.5.5 OTHER GUIDELINES
Any other travel -related issue not specifically governed in this resolution shall be
adjudicated in accordance with the City of Morro Bay Travel Expense
Reimbursement Policy.
April 26, 2022 30
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR - POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform
such other duties consistent with the office as may be imposed by the
Council or by vote of the people. The Mayor shall be entitled to vote when
present but shall possess no veto power.
3.1.2 The Mayor shall be recognized as the official head of the City for all
ceremonial purposes.
3.1.3 The Mayor may order flags flown on City property to be lowered to half-
staff in mourning for any member of the community designated to have
made significant contributions to the City of Morro Bay, in accordance with
recognized customs or practices not inconsistent with State and Federal law.
3.1.4 The Mayor is authorized to sign letters of appreciation to persons and
organizations. Copies of those signed letters shall be provided to the
Council Members, as soon as feasible.
3.1.5 The Mayor will, at times, receive written communications from recognized
organizations or entities whose fundamental purpose is to support cities
such as the League of California Cities etc. Those communications may
be seeking City support for a position the specific organization is taking.
Because of the often short time limits for submitting responses to those
communications, the Mayor is authorized, at no cost to the City to submit
the requested communication consistent with the subject entity's
recommendation. At the discretion of the Mayor, other written
communications supporting previously agreed upon policy issues by the
Council, may be sent. A copy of that letter will be provided to the Council
at the same time it is transmitted to the addressee. Any Member of the
Council can request an agenda item be placed on an upcoming agenda to
discuss that communication. The Council can also determine whether to
admonish the Mayor for not carrying out the intent of this provision.
3.1.6 When the Mayor is a member of another legislative body, he/she may take
actions on matters before that other body as she/he determines appropriate,
as long as she/he makes it clear his/her position is that of the Mayor and not
the entire City or Council, unless, at a duly agendized public meeting, a
majority of the Council has provided direction on the position the Mayor is
to take on a matter
3.1.7 The Mayor shall exercise such other powers and perform such other duties
as may be prescribed by law or ordinance or by resolution of the Council,
except as limited by law.
April 26, 2022 31
3.2 APPOINTMENT OF MAYOR PRO TEMPORE
The appointment of the Mayor Pro Tempore shall be for a one-year term and shall
be made at the first meeting in January. For appointment as Mayor Pro Tempore, a
Council Member must be on the Council at least one year. Of those who have been
on the Council for at least one year, the Council Member who has not yet held the
position shall be appointed Mayor Pio Tempore. If there are two Council Members
who have not yet held the position then the Council Member receiving the highest
number of votes in the most recent election shall be appointed Mayor Pro Tempore.
If all have held the position, then the Council Member who has held it the least
number of times shall be appointed Mayor Pro Tempore. If all Council Members
have held it for the same number of years, then the Council Member for whom it
has been the longest period of time since holding the position shall be appointed
Mayor Pro Tempore.
3.3 FILLING COUNCIL VACANCIES
3.3.1 SPECIAL ELECTION
Measure ` R" codified as Ordinance 527 requires the City Council to
immediately call a special election to fill any vacant seat on the Council,
including the Mayor's seat. The special election shall be held on the next
established election date, as specified in California Elections Code which
is not less than 114 days from the call of the special election The City
Council may appoint an elector who is a registered voter in the City of
Morro Bay to fill such vacancy prior to the special election. The appointee
shall hold office only until the date of said special election. (Reno. 76-08)
3.3.2 LIMITATION OF COUNCILMEMBER WHO RUNS FOR MAYOR
BEFORE COMPLETING REGULAR TERM
A sitting Council Member is disqualified from nomination for election to
the office of Mayor in the next election if the remainder of their Council
term after the next election cannot be filled by a vote of the electors on or
prior to that election date.
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions of law and the delegation of power to any person, officer,
Board, or Commission, the Council shall have the power in the name of the City,
to do and perform all acts and things appropriate to a municipal corporation and the
general welfare of its inhabitants and that ale not specifically forbidden by the
Constitution and laws of the State of California.
April 26, 2022 32
3.5 ADMINISTERING OATHS: SUBPOENAS
Each Member of the Council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before the Council. The
Council shall have the power and authority to compel the attendance of witnesses,
to examine them under oath and compel the production of evidence before it.
Subpoenas may be issued in the name of the City and be attested by the City Clerk.
Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as
provided by the general laws of the State.
3.6 LIMITATIONS
No Member of the Council shall be appointed to or serve as a voting Member of
any City Board, Committee, or Authority, whether composed of citizen volunteers,
City employees, or a combination of both. This is not to be construed as prohibiting
Members of the Council from serving on Committees or Subcommittees of the
Council itself, or of agencies representing other local, state or federal government.
3.7 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or
oral motion duly made and passed
Ordinances shall become a part of the MBMC and so remain until amended or
voided. All municipal laws relating to taxation or to possible criminal action
against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of the
City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special meeting
of the Council
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with relevant
state law. Ordinances not legally required to have a public hearing shall be set for
a public hearing if the subject matter is controversial or of a special nature In
addition, a majority of the City Council may direct the consideration of an
ordinance will be set for public hearing.
No ordinance, resolution of motion shall be passed or become effective without
receiving the affirmative vote of at least three Members of the Council.
April 26, 2022 33
3.9 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Mayor Pro Tempore of the City of Morro Bay are hereby authorized
to accept and consent to the recording of any deed or grant conveying any interest
in or easement upon real property to the City of Morro Bay.
3.10 LEGISLATIVE ACTION PROGRAM
The City has a legislative program to strengthen local government, promote City
goals, and defend the City against legislative actions by state and federal
governments that would weaken local government or take away traditional revenue
sources. In order to respond promptly and proactively to fast -paced legislative
changes, City staff is authorized to take positions on legislation provided the
positions are consistent with the Legislative Actions of the City Council, or
resolutions or recommendations of the League of California Cities. The Council
limits its official communication as a body of the whole in support or opposition to
issues impacting the City specifically or local governments generally.
3.11 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases
of statewide significance to cities. Because of the often short time limits for filing
amicus czn iae briefs, the City Attorney may authorize the City s name being added
to such briefs, at no cost to the City, if the Legal Advisory Committee of the League
of California Cities has urged participation. The City Council will be advised of
that action within 7 days after the City Attorney's decision.
3.12 ACTIONS AS A MEMBER OF ANOTHER LEGISLATIVE BODY
When a Council Member is a member of another legislative body he/she may take
actions on matteis before that other body as she/he determines appropriate, as long
as she/he makes it clear his/her position is that of the individual Council Member
and not the entire City or Council unless, at a duly agendized public meeting, a
majority of the Council has provided direction on the position that Member is to
take on a matter.
3.13 COUNCIL SUB -COMMITTEES
From time to time it may be desirable for the City Council to appoint a sub-
committee of the whole to address a particulai issue That is especially the case if
the issue requires additional work or research. Per the Brown Act, sub -committees
must consist of less than a quorum of the body and serve for a limited purpose and
time. Therefore, the City Council sub -committees may consist of two members
Sub -committees shall report back to the full Council for discussion before any
formal action can be taken on the pertinent issue. Establishing a subcommittee
requires the body to define the purpose, parameters, and duration of the sub -
April 26, 2022 34
committee. The City Clerk will keep the list of sub -committees and defined
description as a record with Council liaison assignments for review annually.
April 26, 2022 35
April 26, 2022 36
CHAPTER FOUR
THE BROWN ACT AND EMAIL
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M.
Brown Act, California Government Code sections 54950 et seq. (the `Act"). The
intent of the Act is to ensure deliberations and actions of local public agencies are
conducted in open and public meetings. The law piovides for misdemeanor
penalties for any members of a legislative body who violates the Act. In addition,
violations are subject to civil action. A current copy of the Act will be. provided to
all Council Members assuming office, but the provisions that most directly affect
the Council are summarized in this Chapter
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council.
4.2.2 MEETINGS
Other than closed sessions, all meetings shall be open and public. All meetings
shall follow the requirements of the Act.
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting
and must meet various requirements. Note: Morro Bay has by resolution
established a longer period of posting prior to a regular meeting (120 hours or 5
days.)
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda.
Fxceptions:
4.2.4.1 An emergency situation exists, (determined by a majority of the
Council).
4.2.4.2 The need to take action arose subsequent to the agenda being
posted (determined by 4/5 of the Council or if less than 4/5 are
present then by unanimous vote) and that action must be taken
before the next regular Council meeting or special meeting can
be scheduled and properly noticed.
April 26, 2022 37
4.2.4.3 The item was continued to another meeting that was scheduled
and posted within five days after the original agenda.
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the
pubhc that is within the jurisdiction of the Council. The City has the right to
establish time limits on speakers and the total time allocated for a particular issue.
4.2.6 PUBLIC DISRUPTIONS
A portion or all of the public may be removed if willful disruption makes
conducting the meeting "unfeasible;" the press may remain unless they participate
in the disruption.
4.2.7 CORRESPONDENCE
All writings distributed for discussion or consideration at a public meeting are
public records. If a member of the public desires written materials to be fully
considered by the Mayor and City Council, then that member is encouraged to
submit that written material regarding agendized items to the City Council via email
at council@motrobayca.gov no later than 10:00 a.m. the day of the meeting so that
it may be included with agenda correspondence and published on the City website.
Written material distributed at the meeting will be made a part of the public record.
If the material is too voluminous for the Mayor and Council to review during the
meeting or is new material not previously considered, the Council may, at its
discretion, continue the item to a future meeting.
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4 2 8 1 Real Property. The purchase, sale, exchange or lease of real
property with the City's negotiator; the real property and the
person(s) with whom the City may negotiate must be announced
in open session prior to the closed session. All Real Property
transactions shall be held in closed session prior to final decision
in open session and Council shall be provided with a copy of the
draft real property agreement
4.2.8.2 Litigation pending or a significant exposure to litigation, or the
decision to initiate litigation; the litigation or title must be
identified in open session prior to the closed session unless the
Council states that to do so would jeopardize its ability to
conclude existing settlement negotiation or effectuate service of
process.
4.2.8.3 Compensation (salaries and benefits) of employees; to review its
position and instruct designated representatives.
April 26, 2022 38
4.2.8.4 Personnel: The appointment, employment, evaluation of
performance, or dismissal, of a public employee, or to hear a
complaint against an employee, unless the employee requests a
public hearing.
4.3 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council, with
strict notification requirements delivered to the media and Council 24 hours before
the time of the meeting.
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24-hour notice and posting
requirements if prompt action is required due to the disruption or threatened
disruption of public facilities. Only work stoppages, crippling disasters or other
activities that severely impair the public health and/or safety qualify for emergency
meetings.
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE
BROWN ACT
City email is no less a part of "official city business" than any other written
correspondence, and there is no expectation of privacy for City email messages.
Good judgment and common sense should therefore prevail at all times regarding
its appropriate use.
City email is subject to the requirements of the Brown Act and is subject to
disclosure under the Public Records Act. The Brown Act does not prohibit the use
of email to make individual contacts between Members of the Council, or the public
or staff. However, great care should be taken to avoid the use of email to contact a
majority of the Council, either individually or serially, "in a connected plan to
engage in collective deliberation on public business."
City emails are generally intended to fulfill the same general function as ordinary
daily verbal communications among City Council and City staff and are generally
considered `transitory" documents (work -in -progress) and therefore are generally
not subject to records retention requirements For file management and storage
purposes, such City email messages should only be retained for as long as needed.
In most instances this means deleting messages as you have read them, and shortly
after you have sent them.
Some email messages, including any attachments thereto, can be considered official
city records, because the content relates in a substantive way to the conduct of the
public's business. Emails that qualify as public records need to be retained by the
City. However, they are not retained through the City e-mail system. Those emails
April 26, 2022 39
should be printed as a hard copy or saved electronically in a folder outside the e-
mail system, in accordance with the City's records retention policy. Generally, the
sender of the email should be the person responsible for printing and filing it
accordingly, but persons responsible for a particular program. or project file shall
be responsible for retaining all e-mail they send or receive related to that program
or project.
It is the responsibility of individual City Council Members, employees and their
department heads to determine if email is an official City -record that must be
retained in accordance with the City's record retention policy. The City Attorney
will assist in making such a determination. Preliminary drafts, notes or interagency
or intra-agency memoranda that are not retained by the City in the ordinary course
of business are generally not considered to be official City records subject to
disclosure. City Council Members and employees are encouraged to delete
documents that are not otherwise required to be kept by law or whose preservation
is not necessary or convenient to the discharge of your duties or the conduct of the
city's business.
Periodically, the City receives requests for inspection or production of documents
pursuant to the Public Records Act, as well as demands by subpoena or court order
for such documents. In the event such a request or demand is made for e-mail, and
the City Council Members or employees having control over such e-mail, once they
become aware of the request or demand shall use their best efforts, by any
reasonable means available, to temporarily preserve any e-mail that is in existence
until it is determined whether such e-mail is subject to preservation, public
inspection or disclosure. The City Clerk shall be contacted regarding any such
emails within the City Council Member or employee's control.
Council Members are assigned a City electronic messaging account, such as an
email account. To the extent feasible, City issued accounts shall be used to conduct
City business. Limited use of a private device for public business is permissible
but not encouraged, and public records on such devices are subject to the Public
Records Act.
Electronic communications regarding City business may be subject to the City's
official records retention policies and the Public Records Act, even if those
electronic communications are or were created, sent, received or stored on a
Council membef's personal electronic messaging account or device. To the
extent a Council Member uses private, non -City electronic messaging accounts or
devices, in compliance with State law they will be asked to locate any such
electronic communications on those non -City accounts or devices and provide the
communications to the City Clerk in the event a Public Records Act request is made
seeking the communication(s).
If a Council Member receives an electronic message regarding City business on
his/her personal electronic messaging account or device, or circumstances require
such person to conduct City business on a personal account or device, then the
April 26, 2022 40
Council Member is strongly encouraged to either: (a) copy ("cc") any
communication from the Council Member's personal electronic messaging account
to his/her City electronic messaging account; or (b) forward the electronic
communication to his/her City account as soon as feasible after the original creation
or transmission of the electronic communication. That practice facilitates efficient
and prompt responses to Public Record Act requests.
4.6 OTHER PROVISIONS
The Act provides many other restrictions and requirements this chapter is intended
merely as a Council summary and overview of the Act and nothing in this Chapter
supersedes the provisions of the Brown Act. Since State law constantly changes, it
is important to ensure you have the latest information. Please check with the City
Attorney and/or the City Clerk for more information.
April 26, 2022 41
April 26, 2022 42
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence,
of otherwise guide and direct staff actions, decisions, recommendations, workloads
and schedules, departmental priorities, and the conduct of City business.
This chapter addresses the relationship and conduct between the Mayor and Council
Members and staff with the intent of the Mayor and Council to: 1) affirm governing
shall be by will of the collective Council, and 2) establish guidelines for Mayor,
Council and staff to ensure orderly, consistent and open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Mayor and Council shall recognize the primary functions of staff are to execute
Council policy and actions taken by the Council, and to keep the Mayor and Council
informed.
5.2.1 REQUESTS FOR INFORMATION
The Mayor, individual Council Members as well as the Council as a whole, shall
be permitted complete freedom of access to any information requested of staff, and
shall receive the full cooperation and candor of staff in being provided with any
requested information, when the law allows that access.
The Mayor and Council Members shall make routine requests for information
through the appropriate department head who shall then advise the City Manager
of such requests. Complex or comprehensive requests for information shall be
made through the City Manager.
5.2.2 DIRECTION TO STAFF
The Mayor and Council Members shall make requests for work to be done by City
staff through the City Manager. The Mayor and individual Council Members shall
make no attempt to pressure or influence staff decisions, recommendations,
workloads, schedules and departmental priorities, except as part of budgetary and
goal setting piiority sessions and with approval of the Council as a whole.
A Council Sub -committee may be given authority by the full Council to work in
conjunction with the City Manager, and his/her designated staff on a particular
project or issue In those instances, any work products will be brought back to the
full Council for consideration and action.
April 26, 2022 43
5.3 GUIDELINES FOR STAFF
Staff shall recognize its primary function is to execute Council policy and to keep
the Mayor and Council informed. Staff shall present the Mayor and Council with
all relevant information, as well as alternatives, in an objective, succinct manner.
The City Manager and staff are committed to treating the Mayor and each Council
Member equally.
5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to
all requests made by the Mayoi and individual Council Members for information
or assistance; provided, that in the judgment of the City Manager the request is
legally permitted (after consultation with the City Attorney) and not of a magnitude,
either in terms of workload or policy, which would require that it more
appropiiately be assigned to staff through the collective direction of the City
Council. In terms of making that judgment the following guidelines should be
considered: The request should be specific and limited in scope so staff can respond
without altering other priorities and with only minimal delay to other assignments*
the request should only impose a "one-time" work requirement, as opposed to an
on -going work requirement; and the response to the request should not require a
significant allocation of staff resources (generally defined as consisting of more
than one staff person, or a single staff person working on the issue in excess of 1-2
hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole
or from the appropriate management superiors as may be the case. Staff is directed
to reject any attempts by the Mayor or individual Council Members to unduly
influence or otherwise pressure them into making, changing or otherwise
suppressing staff decisions or recommendations, or changing departmental work
schedules and priorities. Staff shall report such attempts to influence them in
confidence to the City Manager, who may inform the Council as a whole of such
attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a
Council Member designated by the City Council to represent the City in an
intergovernmental role (e.g., Membership on Joint Powers Authority), or relative
to a special assignment (e.g., a special task force).
As noted, above, when a Council sub -committee has been duly authorized by the
full Council, staff members may provide information and assistance to the sub-
committee, which will report back to the full Council.
April 26, 2022 44
5.3.4 INFORMATION DISTRIBUTION
In the interest of treating all members of the Council equally, in cases where a staff
response to the Mayor or an individual Council Member request involves written
material, the City Manager will provide copies of the material to all other Council
Members
5.3.5 SIGNIFICANT INFORMATION
Any information, service -related needs or policy positions perceived as necessary
by the Mayor or individual Council Members, which cannot be fulfilled per the
above guidelines, should be raised by the Mayor or individual Council Member
under the "Declaration of Future Agenda Items' category of a regularly scheduled
City Council meeting. If so directed by the collective action of the Council, then
staff will proceed to complete the work within Council established deadlines.
5.4 USE OF CITY LETTERHEAD
Staff will not prepare correspondence representing the Mayor or a
Councilmember's personal point of view or a dissenting point of view from an
official City policy or Council position. If a Councilmember uses her/his title,
position, or City letterhead to express a personal opinion, then the letter shall state
`I am writing this letter on behalf of myself and the official City position must
also be stated clearly so the audience understands the difference/relationship
between the official City position and the viewpoint of the Mayor or that
Councilmember. If a letter is written on behalf of the majority of the City Council,
then the letter shall state "I am writing this lettei on behalf of the City Council." A
copy of any and all correspondence developed by or for the Mayor or a
Councilmember on City letterhead shall be provided to the City Manager and the
entire City Council.
April 26, 2022 45
April 26, 2022 46
CHAPTER SIX
ADVISORY BOARD PROCEDURES
6.1 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or
regional committees and boards. One Member of the Council shall serve as a voting
representative and one Member shall serve as alternate. (See 6.5 for appointment
procedures). To the best of their ability, Voting Delegates shall reflect the majority
view of the Council as a whole, rather than their own personal opinions.
6.2 OTHER COUNCIL REPRESENTATION, SUBCOMMITTEES
6.2.1 COUNCIL LIAISON ASSIGNMENTS
The City Council shall assign a Council liaison to each of the following advisory
bodies: Recreation & Parks Commission, Harbor Advisory Board, Public Works
Advisory Board, the Citizens Finance Advisory Committee, and the Planning
Commission. Council liaisons will also be appointed to the special purpose
advisory bodies.
The purpose of the liaison assignment is to facilitate communication between the
City Council and the advisory body. The liaison also helps to increase the Council's
familiarity with the membership, programs and issues of the advisory body. In
fulfilling their liaison assignment members should either attend advisory body
meetings or watch the meeting broadcasts and present information regarding
advisory body meetings to the Council during Council announcements.
Council Members are not participating members of the advisory body, but are there
rather to create a linkage between the City Council and the advisory body. In
interacting with advisory bodies, Council Members are to reflect the views of the
Council as a body Being an advisory body liaison bestows no special right with
respect to advisory body business.
6.3 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.3.1 INTENT
A majority of advisory body members may attend a public Council meeting
However, none of those members may speak regarding any matter within that
member's advisory body's subject matter jurisdiction while a majority of members
of that advisory body are present. An advisory body may direct one of its members
to appear at a public Council meeting to express that advisory body's perspective
on a particular matter reviewed by the advisory body or answer questions from the
Council
April 26, 2022 47
6.3.2 COUNCIL AGENDA REPORTS
6.3.2.1 Recommendation Differences. For those occasions when the
City Manages recommendation differs from an advisory body
recommendation, the difference should be clearly noted and the
recommendations from the advisory body should be included in
the staff report.
6 3 2 2 The City Council will meet as determined necessary by the
majority of Councilmembers with each of its advisory bodies or
the chair of the advisory body.
6.3.3 COUNCIL MEETINGS
6.3.3.1 Advisory bodies will provide written or oral reports to the City
Council as requested by the Council and in accordance with the
Brown Act.
6.4 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory
bodies do not have supervisory authority over City employees, nor the ability to
direct staffs work. While they may work closely with advisory bodies staff
members remain responsible to their immediate supervisors and ultimately to the
City Manager, who is responsible to the Council. The members are responsible for
the constructive participation with the advisory body and the chairperson is
responsible for committee compliance with applicable policies and procedures.
Staff support includes preparation of a summary agenda in conjunction with the
Chairperson and preparation of agenda reports providing a brief background of the
issue, a list of alternatives, recommendations, fiscal impact (if any), and appropriate
backup material, if necessary. Members of advisory bodies are volunteers and
should be treated with respect and courtesy. Advisory body members should have
sufficient information to reach decisions based upon a clear explanation of the
issues within their charge. Sometimes members of advisory bodies may request
information not related to their area of service. Staff members should, in that case
provide the same level of information and assistance as would be accorded any
citizen. If in the judgment of staff, the request goes beyond that standard, then the
matter will be turned over to the City Manager. A staff person will be assigned to
serve as Secretary, taking minutes as needed.
It is important that advisory bodies wishing to communicate with the City Council
do so through adopted or approved Council agenda procedures. Staff members
shall assist the advising body to insure appropriate review and that City and State
legislation is complied with.
April 26, 2022 48
6.5 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to
appointment of volunteer citizens to the various advisory bodies of the City.
6.5.1 PURPOSE
The purpose of establishing these procedures shall be to insure well -qualified,
responsible and willing citizens are given the opportunity to serve the City and
participate in the governing of their community. These procedures will apply to all
appointments and reappointments to standing advisory bodies All Advisory Body
Members serve at the pleasure of the City Council.
6.6 PROCESS
6.6.1 QUALIFICATIONS
6.6.1.1 The applicant must be a resident and registered voter of the City
at the time and during the entire term of appointment unless
excepted by State law or Council -approved special requirements
in advisory committee by-laws.
6.6.1.1.1 The applicant must be at least 18 years of age at the
time of appointment; provided, that the Council may
appoint one area high school student to an advisory
body, if allowed by the Advisory Body By -Laws and
they meet the other qualification requirements.
6.6.1.1.2 Elected Officials, Officers and Employees of the City
of Mono Bay shall not be considered for
appointment, unless otherwise approved
unanimously by the City Council.
6.6.2 TERMS
6.6.2.1 The term of office for each appointee to an advisory body shall
be a maximum of four years unless excepted by State law or
Council -approved special requirements in advisory committee
by-laws. The terms are staggered so that in no event, will all
terms on any committee expire in the same year. Incumbents
may apply for subsequent terms of service. Terms of Office will
expire on January 31, of the specified year.
6.6.2.2 Persons appointed to fill the remainder of a vacated office term
may reapply to serve on the same advisory body.
April 26, 2022 49
6.6.2.3 Mid-term appointment to a vacant seat shall not preclude the
appointee fiom serving additional terms.
6.6.2.4 As a general policy, an applicant shall not be appointed to serve
on more than one advisory body, except that a member may also
serve on one technical or special-purpose committee at the same
time. If appointed to another committee, then he/she will be
expected to resign from one body upon being appointed to
another. The City Council retains the discretion to make
exceptions to this policy.
6.6.3 PROCESS
6.6.3.1 Applications are obtained and filed with the City Clerk's Office.
6.6.3.2 Prior to November 30, of each year, the City Clerk shall advise
the City Council of the terms that are due to expire on each
advisory board. The City Clerk shall also notify each advisory
member whose team is due to expire. Fach of these members
shall be given the opportunity to apply for reappointment.
6.6.3.3 The City Cleric shall then place an advertisement in the local
newspaper, inviting citizens to apply for consideration as an
appointment to an advisory board, with instructions regarding
the application process.
6.6.3.4 It is recommended that applicants attend at least one meeting of
the advisory body applied for prior to the interview with the City
Council.
6.6.3.5 The City Council shall, in a noticed public meeting, interview
qualified applicants. In making appointments, the Council shall
strive for a representative cross-section of both lay and
professional knowledge. The Council will act by separate
motion on each appointment made. If there are multiple
openings for a specific advisory body, the start and end dates for
the respective openings will be communicated to applicants.
6.6.3.6 In the event there are more qualified applicants than openings for
an advisory body, the City Council at its sole discretion may
appoint qualified applicant(s) on an alternate or standby status for
an interim 3-6-month period Any such applicant designated as
an alternative advisory body member would not participate in
advisory body meetings, but could subsequently be appointed as
a regular advisory body member if a vacancy occurs within the
stated 3-6-month period.
April 26, 2022 50
6.6.3.7 The applications of those not appointed will be held for up to one
year for consideration in the event of future vacancies.
6.6.3.8 Candidates not appearing for interview before the City Council
will be considered for appointment only upon a finding of the
City Council by motion the absence arose from excusable neglect
or personal difficulties.
April 26, 2022 51