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HomeMy WebLinkAboutReso 26-18 City Council Policies and ProceduresRESOLUTION NO. 26-18 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 its meeting of August 22, 2017, the City Council directed a complete review of Manual and established a subcommittee consisting of Mayor Irons and Council Member McPherson to lead that review; and WHEREAS, the Council reviewed and provided direction for further edits at its December 12, 2017 and March 27, 2018 meetings. 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 8th day of May 2018 by the following vote: AYES: Irons, Davis, Headding, MaLon wetski, McPherson NOES: None ABSENT: None ABSTAIN: None JAI tL. I ONS, May ATTEST: DANA SWANSON, City Clerk ,Wy of 1171orro i . 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 54950and to establish proceAures, 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. 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 Revised May 8, 2018 1 RESOLUTION NO: 54-03 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON NOVEMBER 139 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 .TUNE 24, 2004 AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL SECTION 1.3.9.3.5 RESOLUTION NO: 42-OS ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON NOVEMBER 149 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 Revised May 8, 2018 2 ADOPTED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY ON OCTOBER 89 2007 ADDING TO AND AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL THE CITY OF MORRO BAY ON 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 229 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 N0.28-10 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 Revised May 8, 2018 3 ADOPTED BY THE CITY COUNCIL OF THE CITY OF 1VIORRO SAY ON SEPTEMBER 27, Zulu AMENDING THE COUNCIL POLICIES AND PROCEDURES 1 1 1 ,. 1. ���, 1 •1 1 1 1 RESOLUTION NO. 11-11 ADOPTED BY THE CITY COUNCIL OF 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 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 N0.53-13 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 Revised May 8, 2018 4 RESOLUTION N0.36-14 A RESOLUTION OF THE CITY COUNCIL I'�:ZIZ�1'111111.7 DT.`)► /_\►lll� 1�.7 DClr1�.�71►Fl7r►T/�'ZI7: ' : 171 Y'll►% 1 .' 1 1 1,, Cja1 POLICIES 1 PROCEDURES RESOLUTION NO. 74-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING MEETING GUIDELINES &PROCEDURES RESOLUTION N0.30-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING MEETING GUIDELINES & PROCEDURES RESOLUTION NO. 01-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE COUNCIL POLICIES AND PROCEDURES MANUAL REGARDING ADVISORY BOARD MEMBER QUALIFICATIONS RESOLUTION N0.45-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING THE COUNCIL POLICIES AND PROCEDURES SECTION 1.2.7 REGARDING ORDER OF BUSINESS Revised May 8, 2018 5 RESOLUTION 26-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA AMENDING AND READOPTING THE COUNCIL POLICIES AND PROCEDURES Revised May 8, 2018 6 RESOLUTION NO., ?0-15 RESOLUTION OF THE CTTY COUNCii, OF THE CITY OF MORRO BAY, CALIFORNIA, PLEDGING TO FOLLOW BEST PRACTICES OF CIVILITY AND. CIVIL DISCOURSE IN ALL OF ITS MEETINGS THE CITY COUNCIL City of Morro Bay, Catiforma 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, pledge our commitment to the following best practices of civility and civil discourse; and, WHEREAS, we pledge our commitment to respect the right of all people to hold different opinions in all our meetings; and WHEREAS, we pledge our commitment to avoid rhetoric 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 strive to understand differing perspectives in all our meetings; and, WHEREAS, we pledge our commitment to choose words carefully in all our meetings; and WHEREAS, we pledge our commitment to speak truthfully without accusation, and avoid distortion in all our meetings, 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 TT RESOLVED, by the City Council, City of Marro 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. PASSED AND ADOPTED by the City Council. of the City of Morro Bay at a regular meeting thereof held on the loth day of November, 2©15 on the following vote: AYES: Irons, Johnson, Smukler NOES: None ABSENT: Headding, Makowetski ATTEST: sod A SWANSON, City Clerk The above is to be readopted at the same time the policies are returned for adoption. Revised May 8, 2018 7 PAGE CHAPTER ONE: MEEETING GUIDELINES & PROCEDURES 1,1 Meeting Schedule 9 1.2 Agenda 12 1.3 Meeting Procedures 15 1.4 Meeting Coverage 26 CHAPTER TWO: COUNCIL SALARY, BENEFITS AND REIMBURSEMENTS 2.1 Salaries for Mayor and Council Members 29 2.2 Retirement, Medical, Dental, Vision and Life Insurance 29 2.3 Professional Development 29 2.4 City Business and Mileage Reimbursement 30 2.5 General Procedures and Limitations 33 CHAPTER THREE: COUNCIL POWERS & APPOINTMENTS 3.1 Mayor -Power and Duties 35 3.2 Appointment of Mayor Pro Tempore 36 3.3 Filling Council Vacancies 36 3.4 General Powers of the Council 36 3.5 Administering Oaths: Subpoenas 37 3.6 Limitations 37 3.7 Method of Action by Council 37 3.8 Ordinances 37 3.9 Acceptance of Grants or Deeds 38 3.10 Legislative Action Program 38 3.I I Amicus Curiae Participation 38 3.12 Actions as Member of Another Legislative Body 38 3.13 Council Sub -Committees 38 CHAPTER FOUR: THE BROWN ACT AND E-MAIL 4,1 Application and Penalties 41 4.2 Maj or Provisions 41 4.3 Special Meetings 43 4.4 Emergency Meetings 43 4.5 Electronic Mail (e-mail), The Public Records Act and the Brown Act 43 4.6 Other Provisions 45 CHAPTER FIVE: COUNCIL/STAFF RELATIONSHIPS AND CONDUCT 5.1 Intent 47 5.2 Guidelines for Council Members 47 5.3 Guidelines for Staff 48 5.4 Use of City Letterhead 49 CHAPTER SIX: ADVISORY BOARD PROCEDURES 6.1 County or Regional Representation 51 6.2 Other Council Representation, Sub -committees 51 6.3 Role of Advisory Board Members at Council Meetings 51 6.4 Role of City Staff Persons 52 6.5 Appointment Procedures 53 6.6 Process 53 Revised May 8, 2018 8 ►l ► l7.Y�:i��1111�1 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. 1.1.2.1 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. 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. Revised May 8, 2018 9 STUDY SESSIONS (Open to the public) 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. 1.1.4.1 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. Revised May 8, 2018 10 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. 1.1.5.2 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 four -fifths vote of the Council. 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. Revised May 8, 2018 11 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 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 -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 (or 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 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 Revised May 8, 2018 12 upcoming agenda, then 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 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 Mayor, or Council Member who the Mayor is accommodating, shall be responsible for providing a Mayor or Council Report. 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 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 that 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 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. Revised May 8, 2018 13 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 Establish Quorum and Call to Order 1.2.7.2 Moment of Silence 1.2.7.3 Pledge of Allegiance 1.2.7.4 Recognition (Certificates of Appreciation or other forms of recognition for residents and staff) 1.2.7.5 Closed Session Report 1.2.7.6 Mayor and Council Members Reports, Announcements and Presentations* 1.2.7.7 City Manager Reports, Announcements and Presentations (City Manager, Director and Advisory Board Reports) 1.2.7.8 Presentations (Proclamations and Public Presentations) 1.2.7.9 Public Comment (generally for items not on the agenda) 1.2.7.10 Consent Agenda 1.2.7.11 Public Hearings 1.2.7.12 Business Items 1.2.7.13 Council Declaration of Future Agenda Items 1.2.7.14 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. 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 Revised May 8, 2018 14 English 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. 1.3.1.1 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, 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 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. 1.3.3 DISCUSSION RULES 1.3.3.1 Procedure Order For discussion of items on the agenda, the following order is followed: Revised May 8, 2018 15 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. 1.3.3.2.2 Comments and questions should 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. 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 remarks or until recognition is withdrawn by the Presiding Officer. 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. Revised May 8, 2018 16 1.3.3.E 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 it 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. 1.3.3.7 Right of Protest: A Council Member is never required to state reasons for dissent. 1.3.3.8 Rules of Procedure: The Council shall determine its own rules of procedure. 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: 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. Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, then the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, Revised May 8, 2018 17 adj ourn 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 BEIIAVIOR AND CIVIL DISCOURSE POLIO' 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. 27-18, a Resolution of the City Council of the City of Morro Bay, California, Re -Pledging to Follow Best Practices of Civility and Civil Discourse in All of Its Meetings. 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 When present, all Council Members shall vote, unless precluded by a conflict of interest. If a Council Member, who is present at a meeting and not precluded from voting due to a conflict of interest, fails to vote, that failure will be construed as a vote on the prevailing side. If there is a tie vote, not counting the Council Member who failed to vote, then there is no prevailing side. 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 making, or influence the decision. Revised May 8, 2018 18 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; provided, 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.E 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) 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 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 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. 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. 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 Revised May 8, 2018 19 are encouraged to present written comments at least one day prior to the meeting. Comments may be hand-written or e-mailed. 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 12 Noon on the day of the meeting will be distributed to City Council Members at the 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 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 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 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 period. 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 Revised May 8, 2018 20 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. 1.3.7.5 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. 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 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 have the City Manager place the matter on the next agenda in accordance with this policy. Revised May 8, 2018 21 1.3.7.6 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: 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. 1.3.7.6.2 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. 1.3.7.6.3 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. 1.3.7.6.4 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 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 Revised May 8, 2018 22 Officer for the limited purpose of enforcing the rules of order and decorum established in Section 1.3.2 - 1.3.7. 1.3.7.6.5 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 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 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 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. Revised May 8, 2018 23 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 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. Revised May 8, 2018 24 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 Hearing. After the public testimony portion of the Public Hearing is closed, no member of the public shall be permitted to address the Council or 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 being brought back to the Council for discussion or Revised May 8, 2018 25 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. 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 City department, as part of the official record of the proceeding. Prior to declaring the public hearing open, the Presiding 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 Lite 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. 1.4.5 "Reaction" shots will not be permitted. Revised May 8, 2018 26 1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings. Other recordings are for convenience and occasionally 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. As soon as reasonably possible following each Council meeting, but not later than the second regular meeting after, the City Clerk shall include a copy of the minutes, thereof, as a Consent Item for the agenda of a regular Council meeting. Revised May 8, 2018 27 Revised May 8, 2018 28 LLBLVMII [DIONDIM11 11 M- 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. 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 8 years, starting with 2019, to provide the Council a recommendation on whether any changes should be made to that compensation. 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: Revised May 8, 2018 29 ® Communicating with representatives of regional, state and 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. • 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 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. Revised May 8, 2018 30 6� 0 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 for 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. Revised May 8, 2018 31 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. 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 from 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 (ii) 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 Manager, 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: Revised May 8, 2018 32 An 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 10 working days after an expense has 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 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 Pocal 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 Revised May 8, 2018 33 activities so as to stay within budget. When exceptional circumstances require 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 individuals. Receipts shall be submitted within the fiscal year. 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, reimbursement 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 her/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. Revised May 8, 2018 34 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 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. 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 City to submit the requested communication consistent with the subject entity's recommendation. 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 Revised May 8, 2018 35 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. The appointment of the Mayor Pro Tempore shall be for aone-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 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 Revised May 8, 2018 36 corporation and the general welfare of its inhabitants and that are not specifically forbidden by the Constitution and laws of the State of California. 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. 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 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. Revised May 8, 2018 37 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three Members of the Council. RA LN U HIM � 1 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. K�[Ii17ll7:IiI�1 Y ��I DI��1 Y'.C�)►i' : �71�7�1 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. 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 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 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 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 may vote to appoint a sub -committee of the whole to address a particular 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 Revised May 8, 2018 38 subcommittee requires the body to define the purpose, parameters, and duration of the sub -committee. The City Clerk will keep the list of sub -committees and defined description as a record with Council liaison assignments for review annually. Revised May 8, 2018 39 Revised May 8, 2018 40 C Rim' ' D M 11:1 M"kxRAAAK/_x�ll lI_1►117 �1► I� 1II 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 provides 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. 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. 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 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. Revised May 8, 2018 41 4020403 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 "a 1`30 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. 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. 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 Clerk no later than 12 Noon the day of the meeting so that it may be included with agenda correspondence. 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. Revised May 8, 2018 42 4029804 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. 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. Emergency meetings may be called without the norma124-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, 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 Revised May 8, 2018 43 conduct of the public's business. Emans 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 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, 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 discouraged. 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 member'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). Revised May 8, 2018 44 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 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. 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. Revised May 8, 2018 45 Revised May 8, 2018 46 lknAf 1UNCIL/STAFF RELATIONSHIPS AND CONDUCT 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 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. 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 priority 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 Revised May 8, 2018 47 project or issue. In those instances, any work products will be brought back to the fWI Council for consideration and action. 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. 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 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). Revised May 8, 2018 48 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. 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. 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 ®F 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 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 entire City Council. Revised May 8, 2018 49 Revised May 8, 2018 50 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. 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, the Planning Commission and Tourism Business Improvement District Advisory Board. 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 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. 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 is present. An advisory body may direct one of its members to appear at a public Council meeting to express that advisory body's Revised May 8, 2018 51 perspective on a particular matter reviewed by the advisory body or answer questions from the Council. 6.3.2.1 Recommendation Differences. For those occasions when the City Manager 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 Council will endeavor to meet at least once each fiscal year with each of its advisory bodies or the chair of each advisory body. 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. 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, 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 Revised May 8, 2018 52 shall assist the advising body to insure appropriate review and that City and State legislation is complied with. 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. 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. 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; 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. Elected Officials, Officers and Employees of the City of Morro 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. Revised May 8, 2018 53 6.6.2.2 Persons appointed to fill the remainder of a vacated office term may reapply to serve on the same advisory body. 6.6.2.3 Mid-term appointment to a vacant seat shall not preclude the appointee from serving additional terms. 6.6.2.4 Asa 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. 6.6.3.1 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 ay 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. Candidates not appearing for interview before the City Council will be considered for appointment only upon a finding of the Revised May 8, 2018 54 City Council by motion the absence arose from excusable neglect or personal difficulties. Revised May 8, 2018 55