Loading...
HomeMy WebLinkAboutReso 58-15RESOLUTION NO.58-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING VARIOUS SECTIONS OF 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 Council Members are familiar with and understand the City of Morro Bay's philosophies and policies regarding serving on the City Council, on August 12, 2002, the City Council adopted Resolution 47-01 approving an early version of Manual; and WHEREAS, the Manual has been amended several times throughout the years; and WHEREAS, the Council has again reviewed the Manual and has determined additional modifications are warranted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay, as follows: SECTION 1. The Manual is readopted, as attached hereto as Exhibit A. SECTION 2. This Resolution shall be effective as of August 26, 2015. PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting thereof held on the 25th day of August, 2015 by the following vote: AYES: Irons, Headding, Johnson, Smukler NOES: None ABSENT: Makowetski ABSTAIN: None ATTEST: sro,� ANA SWANSON, City Clerk City of Morro Bay Council Policies and Procedures SCOPE This resolution shall establish the procedures for the conduct of all meetings of the City Council of the City of Morro Bay. The purpose of this resolution is to provide that the City Council's meeting procedures will be consistent with the Brown Act (Government Code Sections 54950 et seq.) 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 M� BMCI 2.08 and any other applicable ordinances and statutes, and in the event of conflict between this resolution and applicable ordinances or statutes, the latter shall govern. RESOLUTION NO: 46-02 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON AUGUST 12, 2002 APPROVING AND ADOPTING THE COUNCIL POLICIES AND PROCEDURES MANUAL AND RESCINDING RESOLUTION NO. 47-01 01181.0001/168523.5 RESOLUTION NO: 54-03 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON NOVEMBER 13, 2003 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTIONS 1.2.2 AND 1.3.7.1.1 RESOLUTION NO: 37-04 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON JUNE 24, 2004 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTION 1.3.9.3.5 RESOLUTION NO: 42-05 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON NOVEMBER 14, 2005 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTION 4.5 RESOLUTION NO: 23-06 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON MAY 22, 2006 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING CANCELLATION OF MEETINGS RESOLUTION NO. 24-07 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON MAY 14, 2007 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING EX PARTE COMMUNICATIONS C 1 01181.0001/168523.5 (Updated on 6,110/14 7/20/15) 2 `%w RESOLUTION NO.50-07 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON OCTOBER 8, 2007 ADDING TO AND AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING USE OF CITY LETTERHEAD AND USE OF SPEAKER SLIPS AT CITY COUNCIL MEETINGS RESOLUTION NO. 76-08 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON NOVEMBER 10, 2008 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING THE ORDER OF BUSINESS ON THE CITY COUNCIL AGENDA, APPOINTMENT OF VICE MAYOR AND FILLING COUNCIL VACANCIES RESOLUTION NO.11-10 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON FEBRUARY 22, 2010 ADDING TO AND AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING EXPENSE REIMBURSEMENT POLICY FOR ELECTED AND APPOINTED OFFICIALS, CITY LETTERHEAD AND THE COUNCIL COMPENSATION COMMITTEE RESOLUTION NO.28-10 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON JUNE 14, 2010 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING SECTION 2.2, RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE 01181.0001/168523.5 (Updated on 6/10f147/20/15) RESOLUTION NO.46-10 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON SEPTEMBER 27, 2010 AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL IN REGARD TO CALLING CLOSED SESSION MEETINGS; IN REGARD TO ALL REAL PROPERTY CONTRACTS GOING TO CLOSED SESSION PRIOR TO OPEN SESSION; IN REGARD TO COUNCIL LIAISONS TO ADVISORY BOARDS; AND, IN REGARD TO CITY COUNCIL INPUT ON HIRING AND EVALUATION OF DEPARTMENT HEADS RESOLUTION NO. 11-11 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON JANUARY 25, 2011 ADDING TO AND AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING REGULAR MEETING TIMES AND PLACING ITEMS ON THE AGENDA RESOLUTION 64-12 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON DECEMBER 11, 2012 AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT �J 1 01►81.0001/168523.5 (Updated on 6/18,14-7/20/15) • RESOLUTION 19-13 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON MARCH 12, 2013 AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING STUDY SESSIONS, PLACING AN ITEM ON THE AGENDA, RECONSIDERATION, ORDER OF BUSINESS AND PUBLIC COMMENT RESOLUTION NO.53-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING SECTION 2.2 OF THE CITY COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE UNSPENT DOLLARS RESOLUTION NO.36-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING VARIOUS SECTIONS OF THE CITY COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING MAYOR PRO TEM RESOLUTION NO.58-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING VARIOUS SECTIONS OF THE CITY COUNCIL POLICIES AND PROCEDURES MANUAL 01181.0001/168523.5 (Updated on 6,110,114 7/20/15) 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 6:00 p.m. In the event that a regular meeting of the Council shall fall on a legal holiday, that regular meeting shall be held at the same place and time on the next succeeding working day. . 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.-{E 2.08.0" 1.1.2.3 Regular meetings shall be between the hours of 6:00 p.m. - 11:00 p.m. It shall be the policy of the City Council to complete meetings by 11:00 p.m., unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not 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 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time. F] 1 01181.0001/168523.5 (Updated on 6/10,147/20/15) 6 1.1.3 STUDY SESSIONS (Open to the public) 1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops. ( } 1.1.3.2 Study Sessions will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. 1.1.4 SPECIAL MEETINGS 1.1.4.1 Special meetings may be called by the Mayor or three members o€the -City Council Members. 344W 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 eityCfty 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. 01181.0001/168523.5 (Updated on 6,10/147/20/15) 7 1.1.5 DESIGNATION AND USE OF COUNCIL CHAMBERS 1.1.5.1 The City Managsigne 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 faeili:yCouncil 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-eityCijy uses. In the event of a conflict, the City will give priority to rescheduling or relocating any use displaced by a eitygjy-related use. b. Council chambers is available for other use on a first - come -first -serve basis, after City, ei1yCily-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 Bearings and/or public meetings during regular or non -business hours. 1.2 AGENDA 1.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the 1 01181.0001/168523.5 (Updated on 6/1-0/147/20/15) 8 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. a. Tentative Council Meeting Agenda - published -Every effort will be madke to provide it to the City Council and staff before the close of business on the second Friday prior to the Council meeting. b. Full agenda packet will be published before the close of business Thursday prior to the Council 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 (£eesee Section 1.2.57). 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 the day e€ the City Geuneil a regular basis individually and as a grogp 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 Mayor Pro 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, the staff will prepare a staff report for the next available agenda, as determined by the City Manager, unless otherwise directed by the Council _ 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 Manager, 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 diiethat 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. . 1 01181.0001/168523.5 (Updated on 6/10,114 7/20/15) Pursuant to SectioLi eliey 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 Mayor, or Council Member who the Mayor is accommodating, shall be responsible for providing a Mayor or Council Report. Additionally, an individtial Couneil Member- may plaee an ^eney ttetn :,n an uge....to the Getineil and staff setting fefth the substantive issues of the item. Fef PuTeses e this pafagfaph, ttfgeney shall ar-ise in these limited situatiens Where an it . . immediate aetien, and the need to take immediate aetion eame te the attention of the Additionally, the Council may add an item to a posted agenda in accordance with the Brown Act. 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 -that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that -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 Manager or his/her designee. , 1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members. Any Member of the Council may ask for consideration of thethat request pursuant to those procedures set out in 1.2.2. 1.2.5 EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law -the Brown Act. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four-€rfthsfifth's vote of Council is necessary to add an emergency item. 1.2.6 RECONSIDERATION of 181.000v168523.5 (Updated on 6/1-0/14 7/20/15) 10 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 of -net -there is a majority of the Council interested in reconsidering the matter. If a majority of the eeuneilCouncil votes to reconsider an action, 'then the matter willcan be heard at that same meeting or placed on the next or future agenda. s as directed by the Council. Notwithstanding the foregoing, as a governmental legislative body, the Council reserves the right to consider or reconsider anX matter within its jurisdiction that a majority of the Council deems appropriate. 1.2.7 ORDER OF BUSINESS shall be as follows: 1.2.7.1 Establish Quorum and Call to Order 1.2.7.2 Moment of Silence 1.2.7.3 Pledge of Allegiance 1.2.7.4 Closed Session Report 1.2.7.5 Mayor and Council Members Reports, Announcements and Presentations 1.2.7.6 Public Presentations 1.2.7.7 Public Comment 1.2.7.8 Consent Agenda 1.2.7.9 Public Hearings (shall start no sooner than 7:00 p.m.) 1.2.7.10 Unfinished Business / Second Reading and Adoption of Ordinances 1.2.7.11 New Business 1.2.7.12 Council Declaration of Future Agenda Items 1.2.7.13 Adjournment 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 English in order to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. All affidavits of publication shall be reviewed by the City Clerk will be available to interested members of the public. 1.3 MEETING PROCEDURES 1 01181.0001/168523.5 (Updated on 6,118,14 7/20/15) 11 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 a tempefffy Mayer- Pro T-empereone of the Council. Members present to act as Chair for the meeting. 1.3.1.4 Seating arrangement of the Council: The Mayor, with the approval of individual Council Members, 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 TempereTempore's signature may be used. 1.3.2 QUORUM A majority of the Council Members shall constitute a quorum for the transaction of business. 1.3.3 DISCUSSION RULES 1.3.3.1 Obtaining the floor: 1.3.3.1.1 A Member- of City Council Member or staff shall first address the MayerPresiding Officer and gain recognition. 1.3.3.1.2 Comments and questions should be limited to the issue before Council. 1 01181.0001/168523.5 (Updated on 6/1Oil 4 7/2O/151 12 1.3.3.1.3 Cross -exchange between Council Members and • public should be avoided. 1.3.3.2 Questions to Staff. A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. Council Members are encouraged to provide questions to staff prior to meetings. , 1.3.3.3 Interruptions: 1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking except to make a point of order or personal privilege. 1.3.3.3.2 If a Council Member is called to order while speaking, then the individual shall cease speaking until the question of order is determined. 1.3.3.3.3 Upon being recognized by the Mayor, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the `W Presiding Officer. 1.3.3.4 Limitation on Discussion: No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision -making process. 1.3.3.5 Tabling Procedure: 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 in order to deal with another matter that has come up unexpectedly and which must be dealt with before the pending motion can be properly addressed. ( of 181.0001/168523.5 (Updated on 6/19l-14-7/20/15) 13 1.3.3.6 Right of Protest: A Council Member is never required to state reasons for dissent. me 1.3.3.7 Rules of Procedure: The Council shall determine its own rules of procedure. 1.3.3.8 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 Those rules in effect according to the 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. 1.3.5 PROTOCOL 1.3.5.1 Council Members and staff shall: 1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings. 1.3.5.1.2 Side conversations, disruptions, interruptions or delaying efforts are discouraged. 1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Mayer-Yresiding Officer. If such conduct continues, then the MayerPresiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. 1.3.5.3 Only the City Council, staff, Designated Representatives, and those authorized by the MayeFPresiding Officer shall be permitted to sit at the Council or staff tables. 1.3.5.4 Enforcement of order: 1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant -at -Arms. -.No, 01181.0001/168523.5 (Updated on 4 7/20/15 14 1.3.5.4.2 Any Council Member may request the Mayer -Presiding_ Officer to enforce the rules of protocol. Upon motion and majority vote, the Mayer -Presiding Officer shall be required to do so. 1.3.6 VOTING PROCEDURES 1.3.6.1 When present, all Council Members shall vote. Failure of a seated Council Member to vote will be construed as an affirmative vote. 1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three Council Members f4he- �'�•����'. 1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step de isclose the nature of the conflict of interest, step down and shall not make, participate in making, or influence the decision. 1.3.6.4 A vote may not be changed by a Council Member e* inffnediately—after th2 vote announcement by the Presiding Officer or City Clerk, provided, that with the consent of the City Council a correction of the vote may be made and to the int-Feduefien of the next agenda item. 1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the Meyef er 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 der Mayer We Presiding Officer. The City Clerk will call the roll for the roll call vote in the following manner: 1) Maker of the motion; 2) Member who has seconded the motion; 3) Additional Council Members in alphabetical order by last name; and, 4) Mayor last. The City Clerk shall state for the record the name of any Council menrberMember who is recused or has abstained. , qwo 01181.0001/168523.5 (Updated on 6/10/147/20/15) 15 1.3.6.8 General consent vote may be taken at the discretion of the Ghair-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, theMayor- er Presiding Officer shall announce whether the questions have been carried or defeated. 1.3.6.12 Tie votes: SheuWlf a tie vote eeeuf,occurs, then the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes. 1.3.6.13 The MayeFPresiding 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. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written 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. For Consent Items, Public Hearing Items, and Business Items, the MayeFPresiding 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. , 1.3.7.2 Individuals desiring to speak shall: 01181.0001/168523.5 (Updated on 6,110,147/20/15) 16 1.3.7.2.1 Address the Council from the podium after giving name and eityQfty of residence. 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 Mayor- or- Mayer- Pfe Temper,e' Presiding Officer. The Mayor- or- Maye Pre-TemperePresiding Officer, with the majority of Council Members, may reopen the public comment after all have--spekex, if neeesr.�ueriod to shear additional public comment. Council Members may ask questions, effmients e= eeiieefnof anyone present without reopening the public comment period. A speaker may not yield their time to another speaker. (n ese 19 13) 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. Mayer -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 Mayer -Presiding Officer. The MayerPresiding 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 Mayor -Presiding Officer. 1.3.7.3 Pufsttan4 teExcept as otherwise permitted bX 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. 01181.0001/168523.5 (Updated on 4 7/20/15) 17 1.3.7.4 Applicants or Applicant Representatives or Appellants desiring to speak shall: J 1.3.7.4.1 Shafl-beBe permitted to speak first during the public comment portion of the applicable matteamblie heafing for not more than ten410) minutes or the time allowed by the Presiding Officer. 1.3.7.4.2 Address the Council from the podium after giving their name and —address, or the name —and mess of the applicant/appellant they are representing. 1.3.7.5 Council Members actions 1.3.7.5.1 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. dir-eeted to the per -son thfough the Mayor. 1.3.7.5.2 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 Mayor -Presiding Officer. 1.3.7.5.3 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 havediree the City Manager emplace the matter on the next agenda in accordance with this policX. 1.3.7.6 After the public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the MayerPresidine Officer or the majority of the Council. 1.3.7.7 Upon violation of the rules of order and decorum established in Section 1.3.2 — 1.3.7 of this Reselationmanual, the procedure to enforce the rule shall be as follows: 1.3.7.7.1 Warning. The MayerPresiding Officer shall request that a person who is violating the rules of decorum 01 ts1.0001n6ss23s (Updated on 6,118/147/20/15) 18 cease such conduct. If, after receiving a warning ® from the MayeFf residing 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 Mayer -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. 1.3.7.7.2 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 Mayer -Presiding Officer for the purpose of maintaining order and decorum. Upon instruction of the MayeWresiding 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. 1.3.7.7.3 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. 1.3.7.7.4 Motion to Enforce. If the pr-esiding effieef of the City 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 MayerPresiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Meyer -Presiding Officer to do sue. An affirmative vote of a majority of the Council may appeal to the entire Council the ruling of the MayeWresiding 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 Mayeff'residingLOfficer 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 Mayerthe Presiding Officer for the limited purpose of enforcing the rules of order and decorum established in Section 1.3.2 - 1.3.7. 1 01181.0001/168523.5 (Updated on 6/10/147/20/15) 19 1.3.7.7.5 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 MayefPresiding 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 seeend 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 f-at -an 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 tli4-the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda. 1.3.8.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion, 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 1 01181.0001/168523.5 (Updated on 6/10/147/20/15) 20 ri During the pendency of any Public Hearing that is a quasi-judicial proceeding, no Council membffMember or Planning Cenunissien membe Commissioner shall engage in an ex parte communication with any "Interested Party" who intends to influence the decision of the eeune}1Council or bee&d membefCommission in a proceedin& unless the eeunei!Council Member or be effl. ommissioner discloses the ex parte communication in the eeunei}Council or bear,d'sCommission's record. "Interested Parry" 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 no earlier than the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made. 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 maw 1.3.9.3.1 Call for a report on noticing from the City Clerk. 1.3.9.3.2 Call 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 evidence. Any such evidence shall be made a part of the record of the Public Hearing. 1 01181.0001/168523.5 (Updated on 6N9,14 7/20/15) 21 ' ° 4 The #IeryeWresiding Officer shall then recognize ARL the proponents or appellants in the cause, who shall be permitted 10-5 minutes to present evidence related to the matter under consideration. 'T�.&The MayeWresiding Officer shall then recognize members of the public. No person may speak without first being recognized by the Mayen Members of thePresiding 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 -that 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 requestir-e 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 (3)-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. 4) n.°�4—The MayePresiding Officer shall then close the public testimony portion of the Public Hearing. 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 MayerPresiding Officer shall formally close the public hearing, which can be accomplished by the Presiding Officer declaring the matter is 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. 01181.0001/168523.5 (Updated on 6,110/14 7/20/15) 22 1.3.9.4 Evidence. 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 Clerk or appropriate Cif department, as part of the Clerk'sofficial record— of the proceeding_ Prior to declaring the public hearing open, the Mayer -Presiding Officer may establish a time limit for the entire public hearing, efand establish time limits for the presentation of each individual speaker. 1.3.10 CLOSED SESSION MEETINGS (closed to the public) 1.3.10.1 Closed Session Meetings may be called by the majority of the Council and are regulated pursuant to the Brown 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. , 1.3.10.2 No Member- of 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 four -fifths vote of the Council. 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, firms, 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. 01181.0001/168523.5 (Updated on 6/19f14 7/20/15) 23 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. ..s 01181.0001/168523.5 (Updated on 6,110/147/20/15) 24 CHAPTER TWO COUNCIL SALARY, BENEFITS AND REIMBURSEMENTSCOMPENSATION Council salary.eempensafien and financial benefits and reimbursements are established e fy the f .ear by Council action and in conformance with State law. Tthe MBMC and duly adopted and effective resolutions:. Below is a description of the same, but ma. 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 as fellews-.Members of the City Couneil shall es ' e $inn pe an additienal $200 pefmenth beye d the `ee nsatien paid to Cetineil "min accordance with State law and the MBMC. 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 HN40 of PPO 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: 1 01181.0001/168523.5 (Updated on 6'�47/20/15) 25 • Communicating with representatives of regional, state and NO national government on City -adopted positions. • 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. Expenses Not Eligible for Reimbursement. • The personal portion of any trip. • Political or charitable contributions or events. • Family expenses, including partner's expenses, when 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. • '`Ton mileageExcept 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 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 1 01181.0001/168523.5 (Updated on 6/10447/20/15) 26 For official travel within the County of San Luis Obispo, reimbursement shall be made upon submittal of an official mileage expense form. 2.4.3 TRANSPORTATION are made,as-e a iei3ee, €er-sp©ttse of family member-s, .,,�,ufse� ent to the Cit , fefany a.,aneea expenses shet,a be r ^a by the r�L111V Lll JVLlLl.11l LV LLL� ILL}' LVI When attending conferences or meetings that are of such distances tomtit is more economical to take commercial tfanspel4ienair fare, if an official Prep I dfiN�edrives his/her car i these eases -,to such meetin sg 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. TheseThose 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. Rese. 11-1-0) 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 for time -efficiency. (Rese. 1-1-10) 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(IRS Publ , ,+:^., n 63' (Rese 11 , m 2.4.5 MEALS 1 01181.0001/168523.5 (Updated on 6/10/147/20/15) 27 for eals is not adopted. Reeeipts ferexpenses for rune s shed be required. 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 or www.policyworks.gov/ per diem.) The City will not pay for alcohol/personal bar expenses. 2.4.6 MISCELLANEOUS EXPENSES Officials will be reimbursed for actual telephone, fax, and parking expenses incurred onfor City=business. Telephone billbills should identify which calls were made enfor 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 ofafter 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, stieh indivia"the official must seek resolution from the City Council. (Rese. 1-1 10) 2.4.8 CREDIT CARD USE POLICY The City issues credit cards to individual office holders for selected City expenses. City office holders may use the City's credit card for City-business- relatedswh purposes as airline tickets, hotel reservations and/or meals by following the said -procedures for cash advances. Receipts documenting expenses incurred on the City credit card and compliance with this section must be submitted within thirty ten working days ofafter use. Credit cards may not be used for personal expenses, even if the official subsequently reimburses the City. The City encourages use of the City credit card for allowable expenses rather than seeking reimbursement for payments made for those expenses. 2.4.9 EXPENSE REPORT CONTENT AND SUBMISSION DEADLINES 01181.0001/168523.5 (Updated on 6,110,114 7/20/15) 28 All cash advance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City. ThisThat 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 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 ealend 10 working days efafter an expense beinghas been incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation within 310 calendar days efafter 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 actor 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, eaeh offieialthe 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-4hat 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. -(Rene. 11- 1 01181.0001/168523.5 (Updated on 47/20/15) 29 2.5 GENERAL PROCEDURES AND LIMITATIONS Appropriate budgetary practices and accounting controls shall be established to ensure twt-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 ditat-additional amounts be allocated to accounts, formal Council action shall be required. 2.5.1 ACCOUNTING An account shall be established in the name of the Mayor and each Council Member with all expenditures charged to the individual Couneil "'ember- Mayer -individuals. Receipts. shall be submitted within the fiscal year. The Getmeil budget shall be available for- ptiblie review in the City Clef-k's Offlee an 2.5.2 REIMBURSEMENT LIMITATION The City's adopted Travel Guidelines shall govern all expenditures for non -local professional development and conferences. ThesCThose 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 a/or a Council Member is designated by the City Council to represent the City at special meetings, reimbursement shall be made from the appropriate Travel Expense Account. 2.5.4 HONORARIUM If the Mayor or a Council Member receives an honorarium as a result of his/her participation in a meeting or conference, then the amount of the honorarium shall be deducted from the amount normally provided by the City for that meeting or conference if the City paid for the 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. 01181.0001/168523.5 (Updated on 6/1044-7/20/15) 30 Mil W i oil 1111111 fill, • 1 01181.0001/168523.5 (Updated on 6/1-0/147/20/15) 31 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, and must 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 singed letters shall be provided to the Council Members, as soon as feasible. 3.1.5 The Mayor will, at times, receive written communications from recogWzed organizations or entities whose fundamental purpose is to support cities, such as the League of California Cities. Those communications may be seeking City support for a position the League is taking. Because of the often short time limits for submitting responses to those communications, the Mayor is authorized, at no cost to the Gb to submit the requested communication consistent with the subject entity's recommendation. A copy of that letter will be provided to the Council. 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 Mavor is a member of another leaislative bodv. 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 dulyagendized public meeting, a majority of the Council has provided direction on the position the Mayor is to take on a matter 3.1.6 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. 1 01181.0001/168523.5 (Updated on 6,110/147/20/15) 32 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 DeeemoffJanuarv. 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 Pro 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. (Reso. 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 are not specifically forbidden by the Constitution and laws of the State of California. 3.5 ADMINISTERING OATHS: SUBPOENAS 1 01181.0001/168523.5 (Updated on 6,10114 7/20/15) 33 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 volun- teers, City employees, or a combination of both. This is not to be construed as prohibiting Members of the Council from serving on Committees or Subcom- mittees 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 MBMUnieipal-Cede 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-4hat the consideration of an ordinance will be set for public hearing. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three Members of the Council. 3.9 ACCEPTANCE OF GRANTS OR DEEDS 01181.0001/168523.5 (Updated on 6,10/147/20/15) 34 e 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, and/or resolutions or recommendations of the League of California Cities. 3.11 AMICUS CURIAE PARTICIPATION The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide significance to cities. Because of the often short time limits for filing amicus curiae briefs, the City Attorney is ay authorize the City's name beingadded dded to such briefs, at no cost to the City, if the Legal Advisory Committee of the League of California Cities has urged participation. 3.12 ACTIONS AS A MEMBER OF ANOTHER LEGISLATIVE BODY When a Council Member is a member of another legislative body, he/she maX 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 individual Council Member and not the entire City or Council, unless, at a duly gendized public meeting, a majority of the Council has provided direction on the position that Member is to take on a matter. 1 01181.0001/168523.5 (Updated on 6,+0/147/20/15) 35 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&ate Government Code sSections 54950 et seesLe . The intent of the Act is to ensure-dmt deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for bersM members of a beardlegislative body who vielateviolates the Act (GC 5495.9). In addition, violations are subject to civil action—(GG 54960). A current copy of the Act will be provided to all Council Members assuming office, but the provisions that most directly affect the Council are summarized in this Chapter. 4.2 MAJOR PROVISIONS 4.2.1 APPLICABILITY The Act applies to Council, City staff and all bodies that advise Council.- GG 54932.2) 4.2.2 MEETINGS All meetings shall be open and public. 4.2.2.1 A meeting takes place whenever a quorum (three or more) Members are present and information about the business of the board is received; discussions qualify feras a meeting. 4.2.2.2 Serial meetings take place when any Member of Council contacts more than one other Council Member for the purpose of deliberating or acting upon an item pending before the City Council (does not apply to the public or media). 4.2.2.3 Correspondence that merely takes a position on an issue is acceptable. (GC 54953) 4.2.3 AGENDAS Agendas for regular meetings must be posted 72 hours in advance of the meeting and must meet various requirements. (GC 54954.2) 01181.0001/168523.5 (Updated on 6/10/14-7/20/15) • 36 4.2.4 ACTIONS ® No action shall be taken on any item not appearing on the posted agenda. Exceptions: 4.2.4.1 An emergency situation exists, (determined by a majority of the Council)). 4.2.4.2 That theThe 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 voter) and that action must be taken before the next regular Council meeting or special meeting can be scheduled and properly noticed. 4.2.4.3 The item was continued to another meeting that was scheduled and posted within five days e€after the original agenda.—(GG a 54954.2) 4.2.5 PUBLIC INPUT The public has an opportunity to address the Council on any item of interest to the public that is within the jurisdiction of the Council. The City has the right to establish time limits on speakers and the total time allocated for a particular issue. (GG m 54954 3) 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. pelf 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 Clerk a week prior to the Council meeting so that it may be included in the public packet. 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 mays at its discretion, continue the item to a future meeting. 4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS: 01181.0001/168523.5 (Updated on 6/10,147/20/15) 37 4.2.8.1 Real Property. The purchase, sale, exchange or lease of real property with the City's negotiator; the real property and the person(s) with whom the City may negotiate must be announced in open session prior to the closed session—.-(GC--a 34956..8). 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. 34937.6) 4.2.8.4 Personnel. The appointment, employment, evaluation of performance, or dismissal, of a public employee, or to hear complaint against the employee, unless the employee requests a public hearing. 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. (GG 0 5 4 956 c� 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 eityC ity email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. 1 01181.0001/168523.5 (Updated on 6A8,14 7/20/15) 38 ® City email is subject to disclosure under the Public Records Act and is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between Members of the Council, or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, "in a connected plan to engage in collective deliberation on public business." City email should not be used in any case where a record of any event, occurrence or statement is required or intended to be retained by the City in the ordinary course of business. City emails are intended to fulfill the same general function as ordinary daily verbal communications among City Council and City staff and are considered "transitory" documents (work -in -progress), and therefore are not subject to records retention requirements. For file management and storage purposes, 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. (Rese. 42 05) (R ese 64 12) g3ai4) If an email message, including any attachments thereto, is considered an official city record, then such emails should be printed as a hard copy and filed in accordance with the eib,- sCi '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 eiV,,--C�record that must be retained in accordance with the eity-IsCi 's record retention policy. _The city atemeyCity Attorney will assist grin making such a determination. Yeti shetild keep in mind, hewever-, that Preliminary drafts, notes or interagency or intra-agency memoranda that are not retained by the ei}Ci1y in the ordinary course of business are generally not considered to be official e4yCi1y 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 eitygly 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, 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 eity e1er-kCi1y Clerk shall be 01181.0001/168523.5 (Updated on 6,}9/-147/20/15) 39 contacted regarding any such emails within the City Council membe Member or employee's control. iv ese 42 05) w ese 64 12), q.. O 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. .w 01 181.0001/168523.5 (Updated on 6,110/1 4-7/20/15) 40 CHAPTER FIVE COUNCIL/STAFF RELATIONSHIPS AND CONDUCT 5.1 INTENT The City Council as a whole retains full power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the conduct of City business. This chapter addresses the relationship and conduct between the Mayor and Council Members and staff with the intent of the Mayor and Council to: 1) affirm tia4-governing shall be by will of the collective Council, and 2) establish guidelines for Maw Council and staff to ensure orderly, consistent and open City government. 5.2 GUIDELINES FOR COUNCIL MEMBERS The Mayor and Council shall recognize4hat 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 lndividxalThe 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 TCenefall�—,he Mayor and Council Members shall make requests for work to be done by City staff through the City Manager. IndividtWThe Mayor and individual Council Members &��' shall make no attempt to pressure or influence staff decisions, recommendations, workloads, and —schedules; and departmental priorities, except as part of budgetary and goal setting_12riority sessions ••°�+�rr heut4he prier knewledge and with approval of the Council as a whole. %M' 5.3 GUIDELINES FOR STAFF 1 01181.0001/168523.5 (Updated on 610,114 7/20/15) 41 Staff shall recognize tia�its primary function is to execute Council policy and to keep the Mayor and Council informed. Staff shall present the Ma, or 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 Mayor 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 appropriately be assigned to staff through the collective direction of the City Council. In terms of making t4sthat judgment, the following guidelines should be considered: The request should be specific and limited in scope so tstaff 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 Ma. o�individual Council Membersof e Couneil to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., Membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force). 5.3.4 INFORMATION DISTRIBUTION In cases where a staff response to the Mayor or an individual Council Member request involves written material Members, the City Manager will provide copies of the material to all other 01181.0001/168523.5 (Updated on €,110/14-7/20/15) 42 Council Members. in aia"king this judgment, the City Toanugef-will eansidef whethef the viaauuvia is oa 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 Mavor or a Councilmember's personal point of view or a dissenting point of view from an official City policy or Council position. If Getineilmembefs-,etheira 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 letter 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 feet ef theen ire City Council. (Rese. cn 07) (Rese. 11 10), t) VAN • 1 01181.0001/168523.5 (Updated on 6N0/14 7/20/15) 43 I 1 I 01181.0001/168523.5 (Updated on 647/20/15) 44 C 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 boards: Recreation & Parks Commission, Harbor Advisory Board, Public Works Advisory Board, , and Tourism Business Improvement District Advisory Board. 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 maintain communication with the advisory body on a regular basis. Council Members should be sensitive to the fact they 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. (Rene 46-10) 6.2.2 OTHER COUNCIL SUBCOMMITTEES Council may establish subcommittees of no more than two members to address areas of concern ands study. 01181.0001/168523.5 (Updated on 64 0/ 14 7/20/15) 45 6.3 ROLE OF ADVISORY BOARD MEMBERS AT COUNCIL MEETINGS 6.3.1 INTENT To honor advisory board deliberations, views and positions on issues before Council; enhance communications between Council and their advisory bodies; and allow participation and input by advisory board members. 6.3.2 COUNCIL AGENDA REPORTS 6.3.2.1 Recommendation Differences. For those rare occasions when the City Manager recommendation differs from an advisory board recommendation, the difference should be clearly noted. 6.3.3 COUNCIL MEETINGS 6.3.3.1 Members of an advisory board are free to appear and give testimony before Council using the public microphone, after identifying whether they are speaking as a representative of the advisory board or as a private citizen and if as a representative of the board then whether that appearance had been requested by the board. 6.3.3.2 Reports to Council must be in written form. 6.3.3.3 Advisory boards will provide quarterly written or oral reports to the City Council on a rotating member basis. 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. 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 -a -id Council. The members are responsible for the constructive participation withftmefiens of the advisory board 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, and appropriate backup material, if necessary. Members of advisory bodies are volunteers and should be treated with respect and courtesy. Advisory board members should have sufficient information to reach decisions based upon a clear explanation of the 1 01181.0001/168523.5 (Updated on 6/10,}47/20/15) 46 issues within their charge. Sometimes members of advisory bodies may request information not related to their area of service. Staff members should, in thatis 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 tia�advisory bodies wishing to communicate with the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising board to insure appropriate review and that City and State legislation is complied with. 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 tliat-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. 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. 6.6.1.2.1 The applicant must be at least 18 years of age at the time of appointment. 6.6.1.2.2 Elected Officials, Officers and Employees of the City of Morro Bay shall not be considered for appointment. 6.6.2 TERMS 6.6.2.1 The term of office for each appointee to an advisory board 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 1 01181.0001/168523.5 (Updated on 6,110,1147/20/15) 47 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 board. 6.6.2.3 Mid-term appointment to a vacant seat shall not preclude the appointee from serving additional terms. 6.6.2.4 As a general policy, an applicant shall not be appointed to serve on more than one advisory board, 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 board upon being appointed to another. 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 term is due to expire. Each of these members shall be given the opportunity to apply for reappointment. 6.6.3.3 The City Clerk 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. 6.6.3.6.1 Applicants not appointed will be advised and their applications held for up to one year for consideration in the event of a future vacancy. 1 01181.0001/168523.5 (Updated on 6/10/47/20/15) 48 C: 0 6.6.3.6.2 Candidates not appearing for interview before the City Council will be considered for appointment only upon a finding of the City Council by motion t the absence aroseises from excusable neglect or personal difficulties. 1 01181.0001/168523.5 (Updated on 6,110,114 7/20/15) 49