HomeMy WebLinkAboutResolution - 3494 RESOLUTION NO. 3494
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, PROVIDING UPDATED RULES OF
PROCEDURE FOR CITY COUNCIL MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES BY REPEALING RESOLUTION
NO. 2387, AND ADOPTING AN UPDATED CITY COUNCIL
ORIENTATION HANDBOOK
WHEREAS, the purpose and intent of the City Council in adopting this Resolution
is to provide a single, comprehensive directory of guidelines relating to the conduct of public
business by or on behalf of the City Council.
WHEREAS, in the event of any non-compliance with, or violation of, any provision
of this Resolution, such will not be deemed to affect the validity of any action taken, unless
otherwise specifically provided by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, DOES
HEREBY RESOLVE:
SECTION 1. Resolution Number 2387 is hereby repealed in its entirety.
SECTION 2. The accompanying City Council Orientation Handbook, incorporated by reference
herein, is hereby adopted by the City of San Jacinto City Council.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 7th day
of January, 2014 by the following vote:
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
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Alonso Ledezma, Mayor
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AXIZIf4tL h-j&_
Rick Miller, City Clerk
APPROVED AS TO FORM:
Best, Best, and Krieger, LLP
Jamey T B Ilinger, ity Attorney
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CITY OF SAN JACINTO
City Council
Orientation
Handbook
PREFACE
Council Members have the opportunity to contribute to the bright and successful future of
the City of San Jacinto. It is a privilege and a sacred trust. The hope is that the City Council
Orientation Handbook will give each Council Member a glimpse of the many activities and
services provided by the City of San Jacinto to its citizens by the Elected Officials.
The objective of this City of San Jacinto City Council Orientation Handbook is to serve as a
reference for Council Members regarding duties and responsibilities of elected and appointed
officials of the City of San Jacinto.
Specific questions on the election process should be directed to the City Clerk.
Questions on ethics and conflicts of interest should be discussed with the City Attorney. Any
other questions about the City should be directed to the City Manager.
All references to gender include the masculine, feminine and neuter.
HISTORY OF SAN JACINTO
San Jacinto is a dynamic community that maintains rich heritage, as well as looking to the
future. San Jacinto incorporates 26 square miles with a diverse population of approximately
44,600 people.
The settlement of San Jacinto dates back to the Mexican era. The town was once a part of the
San Jacinto Rancho, a Spanish land grant given to Don Jose Antonio Estudillo in 1842 by the
Mexican government.
For Many Years, the Estudillo family, their ranch hands and the Indians, were the only
occupants in the area. They raised cattle, horses and sheep in a pastoral setting. As other
settlers arrived, Estudillo decided to found a town and began selling off parcels of land. The
town was incorporated in 1870.
In the early 1900's, local hot springs and a mild climate attracted visitors to San Jacinto from
Los Angeles and San Diego. Though tourism was important, the community's economic
strength was rooted in agricultural crops of grains, apricots, peaches, walnuts and citrus.
A bulk transportation's system was needed and early leaders persuaded the Southern California
Railway Company to lay a track by 1888. The same forward looking vision that brought the
railroad to the Valley in the 1800's remains the motivating force behind current growth and
pride in the City.
San Jacinto residents have access to cultural, business and recreational facilities that include the
San Jacinto Municipal Museum, Mt. San Jacinto College and other schools, the Ramona Pageant
(the state of California's official state outdoor play), churches, a library, golf courses, and park
facilities. Within a short drive there is access to both the mountains and the beaches.
Over the years, San Jacinto leaders developed the City into a"full service" municipality,
including police, fire, water, and sewer services. The City has a Council — Manager form of
government with five Council Members elected to serve staggered four-year terms.
COUNCIL—MANAGER FORM OF GOVERNMENT
The City of San Jacinto operates according to the Council-Manager form of
government, which vest authority in an elected City Council, which, in turn, hires an appointed
executive. The City Council is composed of five (5) members: elected at large, on a non-
partisan basis, serving overlapping four-year terms. The Mayor is elected by the Council
Members annually. The Mayor is the presiding officer at City Council meetings and acts as the
official head of the City for legislative and ceremonial purposes. The City Manager is
appointed by the City Council and serves at the pleasure of the City Council.
The City Council is the City's legislative and policy-making body. Acting as a whole, the City
Council is responsible for passing ordinances and orders necessary for governing the
City, as well as setting the direction of City policy. The City Manager is responsible for the
general policies set by the City Council in addition to the day-to-day operation of all City
functions. The City Manager, with the help of the staff, provides the City Council with the
information needed to fulfill its policy-making role.
The Council-Manager form of government separates legislative and executive responsibilities in
a manner similar to state and federal governments. This system provides "checks and
balances" of both policy and administrative branches of government by limiting the power
of each. As the issues involved in municipal management have grown more complex,
professional managers provide the cohesion necessary in the day-to-day operations.
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THE CITY COUNCIL
City Council
The San Jacinto City Council is composed of five (5) members elected on a non-partisan basis,
serving four-year overlapping terms. Municipal elections are held every even numbered year,
with three Council Members selected at one election and two the next. At the first regular
meeting following the canvass of election results of the general municipal election, the newly
elected and qualified Council Members assume the duties of their office. The City Council
selects the Mayor and Mayor Pro Tempore (sometimes referred to as "Mayor Pro Tem") from its
membership. The Mayor serves as the presiding officer and the Mayor Pro Tem serves in the
same capacity in the absence of the Mayor. The Mayor is a voting member of the City Council.
The City Council is the legislative and policy making body of the City. It is the Council's
responsibility to enact ordinances, resolutions, and orders necessary for governing the affairs of
the City, to approve or amend the annual budget, to authorize certain contracts on behalf of the
City, as the final appeal body on rulings of boards and commissions, appoints the City Manager,
City Attorney and all members of the various boards and commissions, and to submit
propositions to the electors at any election.
Council Meetings
The regular meeting of the City Council is a vital part of the democratic process in the conduct of
the City's affairs. It is at Council meetings that laws, policies, and basic decisions are made for
the government of San Jacinto. All meetings of the City Council are open to the public except
those exempted by law. Citizens are encouraged to attend to learn more about their City
government at these meetings and workshops.
Council meetings are held at the San Jacinto Community Center 625 South Pico Avenue, San
Jacinto, CA 92583, at 6:30 p.m. on the first and third Thursdays of each month. Meetings of the
City's affiliate entities (such as the Successor Agency, Housing Authority, etc.) are held on an as
needed basis at the same time and date of the City Council regular meetings. Meeting calendars
are available from the City Clerk. Work Study Sessions are scheduled on an as needed basis for
topics requiring special review.
The Council Agenda is the official order of business at Council meetings. Items for the agenda
are prepared and submitted to the City Manager by the department heads that investigate and
approve each item. Copies of the agenda are available from the City Clerk and at the entrance to
the Council chambers at each meeting.
Any person wishing to present a matter to the City Council is urged to do so in writing prior to
6:30 p.m. preceding the meeting. Public statements are limited to topics within the purview of
the City Council. Requests to speak may be submitted to any Council Member, the City
Manager, or City Clerk. Each person is requested to limit remarks to three (3) minutes, giving
everyone an opportunity to speak without undue delay. A single subject is limited to 15 minutes.
In exceptional circumstances, the Mayor may establish alternative rules for public statements.
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Agenda Procedure
The City Council meeting is the public forum where the City Council conducts its business of
governing the City in public session, as required by law and where the City Council received
input from the public staff on items on the Council Agenda. The City Council then makes
decisions on those items and staff is directed to implement those decisions.
The Council Agenda is the outline for business the City Council will be addressing. No action or
discussion may be undertaken on any item not on the posted agenda, except that Council
Members or staff may briefly respond to statements made or questions posed by member of the
public during the public comment period. However, upon a two-thirds vote of the members of
the Council present at the meeting (or if less than two-thirds are present a unanimous vote of
those present)that there is a need to take immediate action and that the need for action came to
the attention of the City subsequent to the agenda being posted, matters can be added to the
agenda for discussion and action.
The general public statement section of the Council Agenda is near the beginning of the agenda
to comply with the Brown Act requirement that provides an opportunity for members of the
public to address any item of interest before Council consideration of the item. Scheduling this
general public comment section near the beginning of the agenda is also important so citizens
will not have to sit through long, arduous meetings before having an opportunity to speak on an
issue of importance to them.
The Mayor is the legislative officer who is responsible for seeing that legislative decorum and
procedures are followed during the order of business. The City Attorney is responsible for
ensuring that the City Council follows applicable law as its decisions are made.
Copies of the Council Agenda are posted at City Hall (and as a courtesy at the outside of the
Community Center building, the Library, and the Community Center) at least 72 hours before a
regular meeting and 24 hours before a special meeting. Copies are also available at the City Hall
and on the City's website prior to the meeting.
The City Clerk prepares the Council Agenda with input from the departments and concurrence of
the City Manager.
Adoption of an Ordinance
An ordinance is a law enacted by the City Council under powers delegated to it by the state,
prescribing a general and lasting rule for persons or things within the corporate city boundaries.
It is the most authoritative act of which the council is ordinarily capable and is usually reserved
for cases involving long-term policy.
An ordinance has the force of law and usually includes what remedies will be made if the law is
not followed.
Ordinance making is a principal duty of the City Council. Ordinances must be in harmony with
the state constitution and state statutes. They must be in line with what the courts of the state
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have held to be in the common law (accepted practice). Also, they must not be contrary to the
federal Constitution, Acts of Congress, or other federal rules.
Creation of an ordinance requires legal skill in draftsmanship, as well as technical knowledge of
the subject. This task is ordinarily performed by the City Attorney, sometimes with assistance
from the administrative or technical personnel in City departments, and always in conformance
with policies outlined by the Council. When the Council is considering an ordinance, the City
Attorney should be immediately available for advise on its legal implications.
All ordinances must be passed in accordance with procedures specified in state law and the San
Jacinto Municipal Code. These procedural requirements determine:
• the method of presentation of the ordinance;
• the number of readings at successive meetings;
• if a public hearing is required or not;
• the majority of the Council necessary for passage;
• the officers such as the Mayor and City Clerk, whose signatures must be affixed;
• the authority of the Council to give emergency ordinances immediate effect; and
• the provision for recording the ordinance in the book of minutes.
• Beyond these fundamental requirements, the Council determines procedures and
regulates the conduct of its members and of debate.
Resolutions
Not all legislative action taken by the Council is in the form of ordinances. Resolutions, which
do not establish permanent local law, are commonly used for creating special improvement
districts, ordering sidewalk construction, authorizing budget transfers, and performing a number
of other routine actions. The procedure governing resolutions is, in most cases, less formal than
that provided for ordinances. Sometimes public positions are expressed in the form of a motion
and more strongly in the form of a resolution. A resolution reflects the intent of the Council.
City Council Subcommittees
Members of the City Council may serve on multiple City Council subcommittees. Currently, the
following subcommittees exist: City Beautification, Community Outreach, Drainage, Economic
Development, Facility Naming Committee, Franchises, Historic Preservation, Homeless, Land
Use, Public Safety, Selection, Special Events, Transportation, Tribal Issues, Water, Strategic
Planning & Goal Setting, Finance, Cultural Advisory Commission. These subcommittees may
change or become inactive from time to time as needs arise.
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From time to time, the Mayor may create"ad hoc" subcommittees made up of Council members,
which deal with specific issues and time frames. These subcommittees work on items
specifically referred to them, and are generally of a limited time duration.
Regional Representatives
In addition to subcommittees of the City Council, Councilmembers may be called upon to serve
as representatives on regional boards/bodies. These include: Riverside County Transportation
Commission (RCTC), Western Riverside Council of Government (WRCOG), Western Riverside
County Regional Conservation Authority (RCA), and Southern California Association of
Governments (SCAG).
City Commissions/Committees/Boards
The City Council is authorized to create and appoint members to various City
Commissions/Committees and Boards. Appointments are made by Council to the following:
Planning Commission, Community Preservation Committee, Estudillo Mansion Committee,
Accessibility Appeals Board, and Cultural Advisory Commission.
City Clerk
The City Clerk plans, organizes and directs all activities of the City Clerk's office, which include
serving as Clerk to the City Council and Secretary to the Successor Agency to the San Jacinto
Redevelopment Agency, maintaining official City records, conducting City elections, and
providing information and service to the public as well as public access of records for review by
community residents. The City Clerk serves as the official recipient of correspondence to the
City Council and the City in general. The City Clerk's office is located at 595 S. San Jacinto
Avenue, and the phone number is (951)487-7339.
Voter registration is available at the City Clerk's office and the Registrar of Voters office.
Rules of Procedure
The purpose and intent of the City Council in adopting and, from time to time, amending these
rules is to provide directory guidelines relating to the conduct of public business by or on behalf
of the City Council. In the event of any noncompliance with or violation of any provision herein,
such will not be deemed to affect the validity of any action taken unless otherwise specifically
provided by law.
1. MEETINGS
1.1 Regular Meetings
The City Council of the City of San Jacinto shall hold regular meetings in the San Jacinto
Community Center 625 South Pico Avenue, San Jacinto, CA 92583, on the first and third
Thursday of each month, beginning at 6:30 p.m. If the day for the regular meeting of the
Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting
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shall be held at the same hour on the next succeeding business day thereafter that is not a
holiday.
1.2 Adjourned Meetings
Any meeting may be adjourned to time, place and date certain, but not beyond the next regular
meeting. Once adjourned the meeting may not be reconvened.
1.3 Special Meetings
Special Meetings may be called by the Mayor or majority of Council Members on 24-hour
notice, as set forth in Section 54956 of Government Code of State of California. Only matters
contained in the notice may be considered and no ordinances (other than urgency ordinances)
may be adopted.
1.4 Study Sessions
Members of the City Council may meet in a regular Study Session in the San Jacinto Community
Center 625 South Pico Avenue, San Jacinto, CA 92583 on the fourth Thursday of each month at
6:00 p.m. and such other times as deemed necessary (See Section 10.1).
1.5 Notice of Meetings
Mailed or published notice of regular meetings or regular study sessions is not required. Mailed
or personally delivered notice is required of special meetings, unless otherwise waived. Posted
notice is required of meetings adjourned by the City Clerk. Posted notice is required of all other
adjourned meetings and continued public hearings (Section 54955 of the Government Code).
1.6 Quorum
Unless otherwise provided for by Resolution, a majority of the Council shall be sufficient to do
business, and most motions may be pass 2-1 if only three Council Members attend. The
following matters, however, require three affirmative votes:
a. Adoption of ordinances;
b. Resolutions, and
C. Orders for the payment of money.
1.7 Meetings To Be Public
Study Sessions and all regular, adjourned or special meetings of the City Council shall be open
to the public, provided, however, the Council may hold closed session from which the public
may be excluded for the consideration of the following subjects:
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1.7.1 License/Permit Determination
To consider granting a license or permit pursuant to Government Code Section 54956.7, action
of the City Council shall be given in open session during the meeting at which the closed session
occurred or the next public meeting. All matters relating to the closed session shall be
confidential except by consent of the applicant or in an action by the applicant to appeal the
denial.
1.7.2 Real Property Transactions
To consider negotiations prior to the purchase, sale and exchange or lease of real property and to
meet with a negotiator. Prior to such sessions the agenda must identify the real property in
question and with whom the negotiator may be negotiating, pursuant to Government Code
Section 54954.5 and 5456.8
1.7.3 Litigation Matters
To confer with legal counsel regarding pending litigation pursuant to Government Code Section
54956.9 when discussion in open session would prejudice the City's position in the litigation.
Litigation is considered pending when:
a. a formal action has been initiated;
b. there is a significant exposure to litigation; or
C. the City is deciding whether to initiate litigation. For closed
sessions held to consider litigation that has been formally initiated,
the City must publicly identify or state on the agenda the name of
the case, unless to do so would jeopardize service process or
existing settlement negotiations. For closed session held to
consider a significant exposure to litigation or whether to initiate
litigation, the agenda must specify the number of potential cases.
1.7.4 Public Service/Employment/Labor Negotiations
Pursuant to Government Code Section 54954.5 and 54957 to consider matters posing a threat to
public services or facilities, or the appointment, employment, evaluation of performance or
dismissal of a public employee or to hear complaints or charges brought against such person or
employee by another person or employee unless such employee request a public session. The
Council may exclude from any scheduled session during the examination of a witness any or all
other witnesses in the matter being investigated, and to instruct representatives concerning
discussions with employee organizations and unrepresented employees regarding salaries and
fringe benefits.
1.7.5 Multi-Jurisdictional Drug Law Enforcement Agency
Council may hold closed sessions pursuant to Government Code Section 54957.8 if applicable
and necessary.
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1.7.6 Closed Session Minutes
Pursuant to Section 54957.2 of the California Government Code, the City Clerk may be required
to attend a closed session of the City Council and keep and enter in a minute book a record of
topics discussed and decisions made at each meeting. The confidentiality of such minutes shall
be maintained pursuant to said section of the Government Code Section 54957.2.
2. ORDER OF BUSINESS
2.1 Agenda
The order of business of each meeting shall be as contained in the agenda prepared by the City
Clerk. The agenda shall be a listing by topics of the subjects, which may be taken up for
consideration in the following order:
Organization Call to Order
Invocation
Pledge of Allegiance
Special Presentations
Mayor and Council Member Reports
Public Comments
Consent Calendar
Public Hearings
Staff Reports
Closed Sessions
Adjournment
Except with majority consent of the Council, items may not be taken out of order. The City
Attorney will advise if and when an item may be added to the agenda at a meeting when it has
not appeared on the posted agenda.
Items requested by the public to be considered for City Council action shall be submitted to the
City Manager no later than two weeks prior to the meeting for consideration. Council agenda
requests and Staff Reports for Council action shall be submitted to the City Clerk no later than
noon on the Tuesday in the week preceding the Council meeting. The City Manager may adjust
the `noon Tuesday' deadline depending on circumstances. All reports shall be submitted on the
proper form with complete information as to the subject matter, recommendations, fiscal impact,
and contain the necessary attachments, exhibits, and approving signatures.
2.2 Delivery of Agenda
Barring insurmountable difficulties, the agenda shall ordinarily be delivered to Council Members
each Friday preceding the Thursday meeting to which it pertains. The agenda shall also be
available to the general public at the time it is delivered to the City Council.
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2.3 Call to Order
Before proceeding with the business of the Council, the City Clerk shall record the names of
those Council Members present and they shall be entered in the minutes.
2.4 Public Comments
Any person may address the Council on any subject pertaining to City business not listed on the
agenda during the Public Comments portion of the meeting. A limitation of three (3) minutes
shall be set for each person desiring to address the Council during the Public Comments
designation on the agenda(see 5.2). Public Comments on items listed on the agenda will be
allowed on those items as they come up for consideration by the Council with a three (3) minute
limitation set for each speaker.
2.5 Consent Calendar
Items of a non-controversial and routine nature shall be placed on the consent calendar. All items
may be approved by one blanket motion upon unanimous consent. Any Council Member may
request that any items be withdrawn from the consent calendar for separate consideration.
However, any Council Member may abstain from voting on any consent calendar item without
requesting its removal from the consent calendar, and the City Clerk shall record such
abstentions in the minutes.
2.5.1 Approval of Minutes
Unless requested by a majority of the City Council, minutes of the previous meeting may be
approved without public reading if the City Clerk has previously furnished each Council
Member with a copy thereof.
2.5.2 Public Hearings Advertised/Unadvertised
Generally, Public Hearings, other than those of quasi-judicial nature shall be conducted in the
following order:
Staff Review
Questions of Staff by Council
Hearing opened by Mayor
Questions by Council
Proponent's testimony
Opponent's testimony
Proponent's rebuttal
Hearing closed by Mayor to public testimony
Discussion by Council
Council action
Questions or comments from the public shall be limited to the subject under consideration.
Depending upon the extent of the agenda, and the number of persons desiring to speak on an
issue, the Mayor may, at the beginning of hearing, limit testimony to three (3) minutes per
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individual. Alternatively, the Mayor may, at the beginning of the hearing, limit the overall
amount of time that all proponents and all opponents to a matter may speak. (i.e., proponents get
a total of 45 minutes, and opponents get a total of 45 minutes) Any person may speak for longer
period of time, upon approval of the City Council, when this is deemed necessary in such cases
as when a person is speaking as a representative of a group or has graphic or slide presentation
requiring more time. Quasi-judicial hearing shall be conducted in accordance with the principles
of due process, and the City Attorney shall advise the City Council in this regard.
In any hearings before the City Council, notice of which is to be published or posted, if the City
Council, or any member thereof, or a proponent or opponent of the matter requests that any or all
participants in the proceedings testify under oath or affirmation, the making of such request shall
be set forth in the notice of hearing. Additionally, the notice of hearing shall state the giving of
testimony under oath or affirmation shall be voluntary as to each person wishing to be heard in
the matter, and that any person who has a question or concern regarding the giving of testimony
under oath or affirmation should consult an attorney of his own choosing and at his own expense.
Each person testifying under oath or affirmation in any such proceedings shall, before testifying,
state on the record that he or she agrees to testify under oath or affirmation in the matter and has
had an opportunity to consult with an attorney of his own choosing in respect thereto. Notices of
hearings shall be in accordance with Government Code Section 54954.6, as well as any other
applicable codes.
3. PRESIDING OFFICER
3.1 Presiding Officer
a. The Mayor shall be the Presiding Officer at all meetings of the
Council. In the absence of the Mayor, the Mayor Pro Tem shall
preside. In the absence of both the Mayor and Mayor Pro Tem, the
Council shall elect a temporary presiding officer to serve until the
arrival of the Mayor or the Mayor Pro Tem or until adjournment,
whichever first occurs.
b. The Council shall in even-numbered years reorganize itself,
selecting the Mayor and Mayor Pro Tem from its members, at the
meeting at which the declaration of the election results for a
general municipal election is made.
In odd numbered years, at the first meeting in December, the
Council shall choose one of its members as Mayor and another of
its members as Mayor Pro Tem.
Notwithstanding the reorganization following the general
municipal election, the Council may meet at any meeting of the
City Council to choose a mayor or Mayor Pro Tem to serve the
remainder of a current item.
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C. The City Clerk shall preside at the portion of Council meeting,
which is concerned with the nomination for the selection of the
Mayor.
d. Nomination for the office of Mayor or Mayor Pro Tem may be
made by any member of the Council and need not be seconded in
order to be effective. Each selection shall be by three (3) or more
affirmative votes. In the event that no person receives three or
more votes in the selection process for one or both offices, the
selection process shall be repeated immediately provided,
however, that the two person receiving the highest number of votes
in the preceding selection process shall be the only nominees for
the office to filled. If, upon repeating the selection process for
Mayor or Mayor Pro Tem, no person has yet received three
affirmative votes for such office, the Council may either repeat the
selection process until the officer has been duly selected or may
continue the selection to the next regular meeting of the Council.
e. Voting in the selection of Mayor and Mayor Pro Tem shall be by
voice vote.
f. The Mayor and Mayor Pro Tem shall serve at the will of the City
Council and until their successors have been duly selected pursuant
to subsection (b), (g) and (h) hereof.
g. The offices of Mayor or Mayor Pro Tem shall be deemed vacant
upon the happening of any of the following:
1. The death of the holder of such office;
2. The loss or resignation from membership on the Council
the holder of such office;
3. The acceptance by the Council of the resignation from such
office by the holder thereof;
4. The majority of Council Members desire to make a change;
5. The recall of the holder of such office.
h. At its first regular meeting after the occurrence of a vacancy
created by one of the foregoing events, the Council shall select a
successor to such office pursuant to the selection procedure
established (b) of this section.
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3.2 Participation of Presiding Officer
The Presiding Officer may move, second, and debate from the Chair, subject only to such
limitations of debate as are imposed on all Council Members and he shall not be deprived of any
of the rights and privileges of a Council Member by reason of his acting as presiding Officer.
However the Presiding Officer is primarily responsible for the conduct of the meeting. If he
desires to personally engage in extended debate on questions before the Council, he should
consider turning the Chair over to another member.
3.3 Question or Motion to be Stated
The Presiding Officer shall verbally restate or request the City Clerk to restate each question or
motion immediately prior to call for the vote. Following the vote, the Presiding Officer shall
verbally announce whether the question carried or was defeated. The Presiding Officer may also
publicly state the effect of the vote for the benefit of the audience before proceeding to the next
item of business. The Mayor or City Clerk shall publicly report any action taken and the vote or
abstention on that action of each member present for the action.Such report may be made by roll
call, identification of the members voting yes/no/abstaining, reference to the electronic voting
board, or any other manner that allows verification of the vote of each Councilmember. This
information should also be noted in the minutes.
3.4 Signing of Documents
The Mayor, or Mayor Pro Tem in the absence of Mayor, shall sign ordinances, resolution and
documents necessary to the conduct of City business adopted by the City Council. The City
Clerk or Deputy City Clerk shall attest to the signature of the Mayor or Mayor Pro Tem.
3.5 Maintenance of Order
The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all
times. No person is allowed to speak who has not first been recognized b the Chair. All
questions and remarks shall be addressed to the Chair.
4. RULES,DECORUM AND ORDER
4.1 Points of Order
The Presiding Officer shall determine all Points of Order subject to the right of any Council
Member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision
of the Presiding Officer be sustained?" in which event a majority vote shall govern and
conclusively determine such question of order.
4.1.1 Decorum and Order— Council Members
a. Any Council Member desiring to speak shall address the Chair
and, upon recognition b the Presiding Officer, shall confine
himself to the question under debate
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b. A Council Member desiring to question the staff shall address his
question to the City Manager or City Attorney, in appropriate
cases, who shall be entitled either to answer the inquiry himself or
to designate some member of his staff for that purpose.
C. A Council Member, once recognized, shall not be interrupted
while speaking unless called to order by the Presiding Officer;
unless another Council Member raises a Point of Order, or unless
the speaker chooses to yield to questions from another Council
Member.
d. Any Council Member called to order while he is speaking shall
cease speaking immediately until the question of order is
determined. If ruled to be in order, he shall be permitted to
proceed. If ruled to be not in order, he shall remain silent or shall
alter his remarks so as to comply with the rules of the Council.
e. Council Members shall accord the utmost courtesy to each other,
to city employees, and to the public appearing before the Council
and shall refrain at all times from rude and derogatory remarks,
reflections as to integrity, abusive comments and statements as to
motives and personalities.
f. Any Council Member may move to require the Presiding Officer to
enforce rules and the affirmative vote of a majority of the Council
shall require him to so act.
4.2 Decorum and Order— Employees
Members of the administrative staff and employees of the City shall observe the same rules of
procedure and decorum applicable to members of the Council. The City Manager shall insure
that all City employees observe such decorum. Any staff members, including the City Manager,
desiring to address the Council or members of the public shall first be recognized by the Chair.
All remarks shall be addressed to the Chair and not to any one individual Council Member or
member of the public.
4.3 Decorum and Order—Public
Members of the public attending Council meetings shall observe the same rules of order and
decorum applicable to the Council.
4.4 Enforcement of Decorum
As set forth in Government Code Section 54957.9, in the event that any meeting is willfully
interrupted by a group or groups of person so as to render the orderly conduct of such meeting,
the members of the Council may order the meeting room cleared and continue in session. Only
matters appearing on the agenda may be considered in such a session. Duly accredited
representative of the press or other news media, except those participating in the disturbance,
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shall be allowed to attend any session held pursuant to this section. Nothing in this section shall
prohibit the Council from establishing a procedure for readmitting an individual or individuals
not responsible for willfully disturbing the orderly conduct of the meeting.
4.5 Personal Privilege
The right of a Council member to address the Council on a question of personal privilege shall
be limited to cases in which his integrity, character, or motives are assailed, questioned or
impugned.
4.6 Conflict of Interest
All Council Members are subject to the conflict of interest provisions of California Law, such as
Government Code section 1090, the Political Reform Act, and provisions of the California
Redevelopment Law relative to conflicts of interest, and any conflict of interest codes adopted by
the City. Any Council member prevented from voting because of a conflict of interest shall
refrain from debate and voting. Such Council member will leave the Council Chambers during
debate and voting on the issue, unless permitted to address the City Council as a member of the
general public and in accordance with applicable law.
4.7 Limitation of Debate
Council Members normally should speak not more than once upon any one subject until every
other Council Member choosing to speak thereon has spoken. Members shall limit their
statement to five (5) minutes each time they have the floor, unless the Council, by majority vote,
approves an extended period.
4.8 Dissents,Protests, and Comments
Any member shall have the right to express dissent from, or protest to, or comment upon, any
action of the Council and the reason entered in the minutes. If such dissent, protest or comment
is desired to be entered in the minutes, this should be made clear by language such as, "I would
like the minutes to show that I am opposed to this action for the following reasons..."
4.9 Rulings of Chair Final Unless Overruled
In presiding over Council meetings, the Mayor, Mayor Pro Tem, or temporary Presiding Officer
shall refer to "Roberts Rules of Order" to decide all questions of interpretation of these rules,
points of order or other questions of procedure requiring rulings. Any such decision or ruling
shall be final unless overridden or suspended by majority vote of the Council Members present
and voting, and shall be binding and legally effective for purposes of the matter under
consideration.
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5. ADDRESSING THE COUNCIL
5.1 Manner of Addressing the Council
Any member of the public desiring to address the Council shall proceed to the podium and wait
to be recognized by the Presiding Officer. After being recognized, he shall state his name and
address for the record.
All remarks and questions shall be addressed to the Chair and not to any individual Council
Member, staff member, or other person. During a public hearing all remarks shall be limited to
the subject under consideration. No person shall enter into any discussion without being
recognized by the Presiding Officer.
Any member of the Council who has been recognized by the Presiding Officer of the Council for
such purpose may address or respond to a member of the public who has addressed the Council
pursuant thereto. Such address or response shall be exercised only once for each member of the
public, shall not exceed three (3) minutes in length and shall be deemed to express the individual
position or opinion of the Council Member offering the same and shall not be construed to bind
the Council or the City in any manner. Unless otherwise directed by the Council, the restrictions
imposed by Subsection (a) shall apply only to those portions of the Council agenda during which
members of the public are permitted to make public comments to the Council.
5.2 Time Limitation
Any member of the public desiring to address the Council shall limit his statement to three (3)
minutes, unless further time has granted by the Presiding Officer in the individual case, or in
accordance with Section 2.6.
5.3 Addressing the Council After Motion Is Made
After a motion has been made, or after a public hearing has been closed, no member of the public
shall address the Council without first securing permission by a majority vote of the Council.
5.4 Limitations Regarding Public Comments and Reports
The making of public comments to the Council by any member of the public during the "Public
Comments"portion of the agenda shall be subject to the following limitations:
5.4.1 At any time, before or after the public comments is commenced, the
Presiding Officer may request to direct the communication to the City
Manager or other appropriate staff member during regular business hours,
or in writing for subsequent submittal to Council Members, pursuant to
Section 5.5.
5.4.2 The Presiding Officer may limit the number of speakers heard on non-
agenda topics at a single meeting. Those whose presentations are
postponed shall be given priority at the next meeting during the "Public
Comments" agenda item.
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5.4.3 If it appears that several speakers desire to speak regarding a single topic,
the Presiding Officer may reasonably limit the number speaking as to each
side of an issue. In this regard, preference may be given to speakers who
represent groups of person who have designated a spokesperson.
5.4.4 No section or subsection of this resolution shall be construed as to prohibit
the right of the public to the criticism of the policies, procedures,
programs, or services of the city or the acts or omissions of the City
Council
5.5 Written Correspondence
The City Manager is authorized to receive and open all mail addressed to the Council as a whole
and give it immediate attention to the end that all administrative business referred to in said
communications, and not necessarily requiring Council action, may be disposed of between
Council meetings. A copy of such communication shall be provided to each Council Member
marked"Information Only."
Any communication relating to a pending matter, or to be brought before the City Council shall
be included in the agenda packet for the meeting at which such item is to be considered.
Letters of appeal from administrative or commission decisions shall be processed under
applicable provisions of City ordinances.
Copies of all other communications sent to the members of the Council will be transmitted to
them.
5.6 Persons Authorized to be within the Diocese
No person except the City Officials shall be permitted within the dais area in front of the Council
table without the invitation or consent of the Presiding Officer.
6. MOTIONS
6.1 Processing of Motions
When a motion is made and seconded, it shall be stated by the presiding Officer before debate.
A motion so stated shall not be withdrawn by the mover without the consent of person seconding
it.
6.2 Motions Out of Order
The Presiding Officer may at any time, by majority consent of the Council, permit a member to
introduce an ordinance, resolution or motion out of the regular agenda order.
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6.3 Division of Question
If the question contains two or more divisional propositions, the Presiding Officer may, and upon
request of a member shall, divide same.
6.4 Precedence of Motions
When a motion is before the Council, no motion shall be entertained except the following, which
shall have precedence in the following order:
a. Adjourn
b. Fix Hours of Adjournment
C. Table
d. Limit or Terminate Discussion
e. Amend
f. Postpone
g. Reopen Public Discussion
6.5 Motion to Adjourn(Not debatable)
A motion to adjourn shall be in order at any time, except as follows:
a. When repeated without intervening business or discussion;
b. When made as an interruption of a member while speaking;
C. When discussion has been ended and vote on a motion is pending;
and
d. While a vote is being taken.
6.6 Motion to Fix Hour of Adjournment
Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and
shall be unamendable except by unanimous vote.
6.7 Motion to Table
A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be
undebatable and shall preclude all amendments or debate of the subject under consideration. If
the motion shall prevail, the matter may be "taken from the table" and any time prior to the end
of the next regular meeting.
6.8 Motion to Limit or Terminate Discussion
Such a motion shall be used to limit or close debate on, or further amendment to, the main
motion and shall be undebatable. If the Motion fails, debate shall be reopened; if the motion
prevails, a vote shall be taken on the main motion.
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6.9 Motion to Amend
A motion to amend shall be debatable only as to the amendment. A motion to amend an
amendment shall be in order, but a motion to amend an amendment to an amendment shall not be
in order. An amendment modifying the intention of a motion shall be in order, but an amendment
relating to a different matter shall not be in order. A substitute motion on the same subject shall
be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first,
then the main motion as amended.
6.10 Motion to Continue
Motions to continue to a definite time shall be amendable and debatable as to propriety of
postponement and time set.
7. VOTING PROCEDURES
7.1 Voting Procedure
In acting upon every motion, the vote shall be taken by mechanical or electronic means, and the
vote on each motion shall be entered in full upon the record. Members shall respond"aye",
"nay", or"abstain", and any Council Member present and not responding"no" or "abstain" or
otherwise registering an objection shall have his vote recorded as "aye."
7.2 Roll Call Voting
In the event of a roll call vote, the order of voting shall be alphabetical with the Mayor voting
last. The City Clerk shall call the names of all members seated when a roll call vote is ordered or
required.
Every ordinance (other than urgency ordinances) and any resolutions or orders for franchise or
payment of money require three (3) affirmative votes. Urgency ordinance require four (4)
affirmative votes. Any question before the Council shall not require a roll call vote unless
demanded by any member. It shall not be in order for members to explain their vote during the
vote. Any member my change his vote before the next order of business.
7.3 Every Failure to Vote
Council Members should vote unless disqualified for cause.
7.4 Reconsideration
Any Council Member who voted with the majority may move a reconsideration of any action at
the same meeting. After a motion for reconsideration has once been acted upon at the same
meeting, no other motion for a reconsideration thereof shall be made without unanimous consent
of the Council at the same or subsequent meeting.
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7.5 The Votes
Tie votes shall be lost motions. When all Council members are present, a tie vote on whether to
grant an appeal from official action shall be considered a denial of such appeal unless the
Council takes other action to further consider the matter. If a tie vote results at a time when less
than all members of the Council are present the matter shall automatically be continued to the
agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.
7.6 Motion to Rescind
Any Council Member, regardless of how he or she voted on the item originally, may move to
rescind an action taken at a previous meeting in order to strike out an entire motion resolution,
rule, bylaw, section or paragraph that has been adopted except in the following circumstances:
a. When there has been detrimental reliance on the original decision
by a party affected thereby;
b. When something has been done as a result of the original decision,
which it would be impossible to undo;
C. When the item is in the nature of a contract and the other part to
the contract has been informed of the vote and has taken action in
reliance thereon, which cannot be undone.
8. RESOLUTIONS
8.1 Definitions
As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public
conduct for long-term application) are taken by ordinance, whereas more routine business and
administrative matters (usually more temporary and transitory in nature) are accomplished by
resolutions. The term"resolution' in its general sense will note any action taken affirmatively
via a vote of the Council, other than one taken by ordinance. As used in San Jacinto, however,
two terms are in general used to denote such (non-ordinance) actions: "resolution' and"motion'
(thereafter recorded by minute entry). Technically, all three are equally as legally effective and
binding; they vary in the formality of respective memorialization. The most formal is referred to
locally as a"resolution." This, in addition to being reference in the minutes, will be recorded by
a separate document, numbered in sequence and preserved in a separate set of books. Such
"resolutions" are used in San Jacinto for various reasons, such as when specifically required by
law, when needed as a separate indentiary document to be transmitted to another governmental
agency, or where the frequency of future reference back to its content warrants a separate
document (with the additional "whereas" explanatory material it often recites)to facilitate such
future reference and research.
A "motion' (assuming it as one which passed) is a Council action which is .recorded simply b an
item entry in the minutes of the meeting at which it was accomplished, and no separate document
is made to memorialize it.
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8.2 Resolutions Prepared in Advance
Where a resolution has been prepared in advance, the procedure shall be: motion, second,
discussion, vote pursuant to methods prescribed in Section 7.1 and result declared. It shall not be
necessary to read a resolution in full or by title except to identify it. Any member may require
that the resolution be read in full.
8.3 Resolutions Not Prepared in Advance
Where a resolution has not been prepared in advance, the procedure shall be to instruct the City
Manager or the City Attorney to prepare a resolution for presentation at the next Council
meeting.
8.4 Urgency Resolutions
In matters of urgency, a resolution may be presented verbally, in motion form together with
instructions for written preparation for later execution.
After the resolution has been verbally stated, the voting procedure in 8.2 above shall be followed.
Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided
entirely when resolutions are required by law, improvement acts, zoning matters, or force
account work on public projects. Where the resolution has been drafted in written form, either
before or during the meeting, this paragraph shall not be deemed applicable.
9. ORDINANCES
9.1 Introduction and Adoption of Ordinances
Ordinances shall not be passed within (5) days of their introduction, or at other than a regular
meeting or at any adjourned regular meeting. However, an urgency ordinance may be passed
immediately upon introduction and either at a regular or special meeting. Except when, after
reading the title, further reading is waived by regular motion adopted by majority vote, all
ordinances shall be read in full, either at the time of introduction or passage. When ordinances,
other than urgency ordinances, are altered after introduction, they shall be reintroduced only at a
regular or at an adjourned meeting held at least five (5) days after alteration. Corrections of
typographical or clerical errors are not alternations within the meaning of this section.
9.2 Effective Date
All ordinances, except as provided in Section 36937 of the Government Code, shall take effect
thirty (30) days after adoption, but may be made operative at such later date as may be
designated in the ordinance.
9.3 Publishing
It shall be the duty of the City Clerk to publish all ordinances in one of the following three (3)
ways:
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• Within 15 days after its passage, the City Clerk shall cause each ordinance to be
published at least once, with the names of those City Council Members voting for and
against the ordinance, in a newspaper of general circulation published and circulated in
the City, or if there is none, posted in at least three public places in the City or published
in a newspaper of general circulation printed and published in Riverside County and
circulated in the City; or
• The City Clerk may publish a summary of a proposed ordinance. A summary shall be
published and certified copy of the full text of the proposed ordinance shall be posted in
the office of the City Clerk at least five (5) days prior to the City Council Meeting at
which the proposed ordinance is to be adopted. Within 15 days after adoption of the
ordinance, the City Clerk shall publish a summary of the ordinance with the names of
those City Council members voting for and against the ordinance and the City Clerk shall
post in the City Clerk's office a certified copy of the full text of such adopted ordinance
along with the names of the City Council Members voting for and against the ordinance;
or
• If the City Clerk determines that it is not feasible to prepare a fair and adequate summary
of the proposed or adopted ordinance, and if the City Council so orders, a display
advertisement of at least one-quarter of a page in a newspaper of general circulation in
the City shall be published at least five (5) days prior to the City Council meeting at
which the proposed ordinance is to be adopted. Within 15 days after adoption of the
ordinance a display advertisement of at least one- quarter of a page shall be published.
The advertisement shall indicate the general nature of; and provide information about the
proposed or adopted ordinance, including information sufficient to enable the public to
obtain copies of the complete text of such ordinance, and the names of those City Council
Members voting for and against the ordinance.
9.4 Urgency Ordinances
All urgency ordinances must receive four(4) affirmative votes to be adopted and to become
effective immediately. If such an ordinance fails to receive 4/5ths majority, it may thereafter be
considered and passed in the same manner as regular ordinances.
10. STUDY SESSIONS
Council Members able to attend scheduled study sessions may meet in the San Jacinto
Community Center 625 South Pico Avenue, San Jacinto, CA 92583, on the fourth Thursday of
each month (and such other times as deemed necessary) at 6:00 p.m. for the purpose of
reviewing the agenda for a City Council meeting, discussion of special subjects of immediate
concern; and meeting and conferring with City Commissions, Committees, Boards; Civic
Organizations; and City Officials relative to pending City business.
The time for sessions as specified may be altered by the City Council or by the Mayor, on
individual occasions when appropriate, to the convenience of the Council Members, provided
that when this occurs, written notice of the change shall be provided in accordance with the
standard noticing requirements.
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10.1 Open to the Public
Study sessions shall at all times be open to the public and the news media, except closed sessions
held at such time pursuant to Government Code.
10.2 Purpose
Study sessions constitute a meeting of the City Council and are subject to applicable rules and
procedures. At such study sessions, no formal action shall be taken, no motion shall be offered,
nor debates entered into; the sole purpose of said meetings being to provide background
information to members of the City Council and to allow Council Members to ask questions.
This shall not, however, be deemed to apply with respect to closed sessions.
10.3 Agenda
The agenda for each study session shall be prepared and posted in accordance with the same
rules applicable to regular City Council meetings.
11. CITY COUNCIL REPRESENTATIONS/SUBCOMMITTEES/TASK FORCES
The City Council recognizes that the use of standing and temporary (ad hoc) subcommittees is an
appropriate and efficient way to focus and accomplish the work of the City. Subcommittees are
used at every level of government, from the United States Congress, to the California
Legislature, to locally elected bodies.
11.1 Formation
The City Council and Mayor may designate subcommittees as necessary, pursuant to this Policy.
No more than two (2) members of the City Council shall be appointed to a single subcommittee,
and any vacancy shall be filled in the same manner as the original appointment.
The purpose of Council subcommittees is to act as sounding boards, fact finding for, and make
recommendations to, the City Council on various matters concerning pertinent issues that are
brought to the attention of the City Council or City Staff. Subcommittees shall have no authority
to establish policy or direct City Staff concerning City business and shall be advisory only.
It shall be the policy of each subcommittee to review the issues that are brought before the
subcommittee, and provide feedback to staff for consideration by the full Council or to make
recommendations directly to the full City Council.
The subcommittees shall select a chair and vice-chair and such other officers as they desire. The
subcommittees shall meet as necessary, at the call of a subcommittee member or the Council, or
no less than quarterly depending upon the type of subcommittee. City Staff shall prepare an
agenda listing the topics to be covered at each meeting. The City Manager shall designate the
staff representatives who shall be present at each meeting to present information and provide
follow up actions.
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11.2 Regional Representatives
The Mayor shall select representatives, with confirmation by the full Council, to other agency
boards (i.e., RCTC, RCA, WRCOG, SCAG, etc.), who shall serve for a term of one (1) year.
The Mayor shall review these appointments annually, upon a vacancy, or as deemed necessary
for continuing necessity. Such representation will receive staff support from other agencies,
including any need to comply with the Brown Act.
11.3 Standing
The City Council shall determine the need for and appoint standing subcommittees as deemed
necessary. Such subcommittees will require staff support and meet the open meeting
requirements of the Brown Act. Such standing subcommittees shall be reviewed annually, upon
any vacancy, or as deemed necessary for continuing necessity.
11.4 Ad Hoc
The Mayor shall appoint ad hoc task forces as deemed necessary to perform limited, temporary
assignments. Unless provided otherwise by the Mayor, such subcommittees need not comply
with the open meeting requirements of the Brown Act. (See Brown Act Compliance, below.)
Such ad hoc subcommittees may require staff support. They shall serve for the period of time
necessary to meet the needs as they were originally intended.
11.5 Brown Act Compliance
California's Ralph M. Brown Act (Gov. Code § 54950 et seq.) imposes certain open meeting
requirements (posted agenda, opportunity for public speaking, etc.) on nearly every commission,
committee, board, or other body of the City, whether permanent or temporary, decision-making
or advisory, when that commission, committee, board or other body is created by ordinance,
resolution, or formal action of the City Council.
However, advisory subcommittees that are composed solely of the members of the City Council
and that are less than a quorum of the City Council are not subject to these open meeting
requirements. (Gov. Code, § 54952(b).)Therefore, ad hoc subcommittees that have fewer than
three (3) Councilmembers are not subject to the open meeting requirements of the Brown Act.
Unless the Mayor so provides, such ad hoc subcommittees need not comply with the Brown Act.
In contrast, standing subcommittees, irrespective of their composition, that have a continuing
subject matter jurisdiction, or a meeting schedule fixed by ordinance, resolution, or formal action
are subject to the open meeting requirements of the Brown Act. Therefore, standing
subcommittees shall always comply with the Brown Act.
Compliance with the Brown Act includes limiting the involvement of Councilmembers who are
not on subcommittees. Specifically, if three (3) Councilmembers participate in hearing,
discussing, deliberating, or taking action concerning City business, such activities would
constitute a"meeting" of the entire City Council under the Brown Act; not just the
subcommittee. This would require such meeting to be agendized as a full City Council meeting.
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However, the Brown Act would not require a subcommittee's meeting to be agendized as a full
City Council meeting (even if three (3) or more Councilmembers are present) so long as the
subcommittee meeting is open and noticed as a subcommittee meeting and provided further that
the members of the City Council who are not members of the standing subcommittee attend
"only as observers." (Gov. Code, § 54952.2(b)(6).) Often times, this is difficult to do.
Moreover, once a meeting has been agendized as a subcommittee meeting, if a third
Councilmember decides to participate in a discussion, it is too late to simply change the nature of
the meeting to a full City Council meeting.
Thus, the City Council believes that the presence of non-subcommittee Councilmembers at
subcommittee meetings poses an undue risk of a violation of the Brown Act. While such
presence is permitted by the text of the Brown Act, the City Council believes that it is
inconsistent with the spirit and purpose of the Brown Act. The City Council recognizes that it is
the right of every citizen, including all City Councilmembers, to attend subcommittee meetings,
and participate as members of the public. However, the City Council further believes that the
work of subcommittees is best and most efficiently performed without the presence of non-
subcommittee Councilmembers at subcommittee meetings, which efficiency is hampered by the
participation of non-subcommittee Councilmembers, and that ample opportunity for review,
discussion and debate concerning matters that are taken up by the subcommittees exists when
such matters are brought before the full City Council.
As such, it is the declared policy of the San Jacinto City Council that City Councilmembers not
attend subcommittee meetings to which they are not duly appointed.
11.6 Working Outside of Subcommittee Process
Part of what makes the subcommittee process efficient is the development, retention and use of
specialized"expertise"within a particular field among the subcommittee members. For
example, a Councilmember who has been on the water subcommittee for some time will have the
opportunity to develop expertise in water-related issues. This enables those on the subcommittee
to more effectively interact with the various stakeholders, both within and outside of the City
organization, and make considered recommendations to the full City Council. Indeed, other
stakeholders (especially those outside of the City organization) may come to expect and rely on
such expertise on the part of Councilmembers who serve on the subject subcommittee.
In addition, involvement of Councilmembers in committee work outside the scope of their
respective subcommittees increases the likelihood of a Brown Act violation, by potentially
involving more than a majority of the City Council in the process of considering the same City
business.
"Committee work" can include, but is not limited to, fact-finding efforts (either within or outside
of the City organization) concerning the subject matter of a particular subcommittee and making
verbal or written statements that could be construed as statements of City policy concerning the
subject matter of a particular subcommittee.
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Again, the City Council recognizes the right of every Councilmember to be informed of City
business and participate in the decision-making process. However, the City Council believes
that this right can be fully exercised at agendized City Council meetings.
As such, it is the declared policy of the San Jacinto City Council that City Councilmembers not
engage in committee work outside of the scope of the subcommittee(s)to which they have been
duly appointed.
11.7 Violation of Policy
Violation of this policy by City Councilmembers may, at the discretion of the City Council,
result in consequences including, but not limited to, censure and/or loss of City Council
privileges such as stipends, health and welfare benefits, reimbursements, and policy
appointments.
12. COUNCIL APPOINTED CITIZEN BOARDS/COMMISSIONS/COMMITTEES
The purpose of this procedure is to outline those actions that will be taken in appointing
members of the of the City of San Jacinto Boards, Commissions, and Committees.
12.1 The Maddy Act
The Maddy Act takes into consideration the vast and largely untapped reservoir of talent among
the citizenry that is not aware of the opportunities for participation on advisory boards and
commissions. For that reason, the Maddy Act was enacted to cause maximum public awareness
of both regulatory and advisory boards and commissions open for appointments by the City
Council (Government Code Section 54970).
12.2 Appointments List
On or before December 31, of each year the City Clerk shall cause to be posted a list of
appointments of all ongoing boards, commissions and committees, which are appointed by the
City Council. This list must include where and when they meet, the present membership and
terms of office for each member the necessary qualifications for the position (Government Code
Section 54972).
12.3 Availability to Public
One month prior to the scheduled expiration of a board or commissioner's term of office, the
City Clerk shall give notice of such expiration and qualifications for the position in a posted
notice and a press release to the newspapers of general circulation within the City. Appointment
to that vacancy shall not be made prior to ten (10) working days after the release of such notice
(Government Code Section 54974).
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12.4 Notification of Incumbent
The incumbent whose term is expiring will be given notice of the expiration of the term office
and requested to submit a letter requesting reappointment to an additional term if that is their
desire.
12.5 Unscheduled Vacancies
Whenever an unscheduled vacancy occurs due to resignation, death, termination or other reason,
the same noticing will be accomplished as for a scheduled vacancy, within twenty (20) days of
the occurrence of the vacancy. Appointment to that vacancy shall not be made prior to ten (10
working days after the release of such notice (Government Code Section 54974).
12.6 Submission of Candidates to the Council
A list of candidates requesting appointment to a term of office will be submitted to the City
Council for its consideration at its next regular meeting.
12.7 Interviews
Any City Council Member may request a time set for interviewing candidates for appointment,
at which time all Council Members may participate in the interview process. If more than two (2)
Council Members participate in the interview session, it will be an open meeting with notice
given and the public invited.
12.8 Follow-up After Appointments
After the City Council has appointed a candidate to fill a position, the City Clerk shall notify the
new appointee, including such information as their term of office, when and where they meet and
the staff member to contact if they have questions. In addition, the appropriate staff contact shall
be notified of the appointee's name, address and phone number for follow up. The City Clerk
shall also notify unsuccessful candidates, thanking them for their interest in serving the City of
San Jacinto.
THE WORK OF THE CITY COUNCIL
Success or failure of the Council-Manager form of government rest largely on the shoulders of
the people's representative's in the City Council. The City Council may remove an ineffective
manager at any time, but an ineffective Council continues in office until the next election or is
changed by a successful recall election. Conscientious council members, as representatives of the
community, can render better service if they know their duties, are aware of their responsibilities,
and are ever mindful of the best methods of carrying out their trust.
Unlike some other systems of local government the City Council under this plan dominates the
governmental establishment, selects and gives direction to the City Manager and enjoys all the
importance and responsibility of a board of directors. The chief duty of the City Manager is
administration. The Council is responsible for making certain that the manager administers the
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affairs of the City in a capable manner, while the manger must make recommendations to the
Council on municipal policies.
Determination of Policy
The people elect the City Council. The Council determines the policies of the City government
and appoints, directs and, if necessary, removes the City Manager. In determining policy Council
Members do their best to represent their constituents. All phases of the job are involved in one
way or another in the determination of policy.
What is meant by the determination of policy?Basically, it is the process of deciding what is to
be done. The Council should not confuse this with how a program is to be administered, which is
the job of the City Manager. In its simplest terms, "what to do" is policy making and"how to do
it" is administration.
The City Manager can help the Council a great deal in studying and determining municipal
policies. As an example, the most important problem facing a city government each year is the
budget. The City Manager gathers the information and prepares the budget, which the Council
studies and reviews as necessary and then adopts. The City Manager utilizes the budget as an
effective tool in carrying out city policy.
In determining policy, the Council must make decisions, authorize their implementation, and
accept full responsibility for the results. Thus, the Council must hold the City Manager
responsible for administering policy decisions properly.
In any City Council, the determination of policy takes the form of passing a law. City Council
laws are ordinances or resolutions. An ordinance has the force of law and usually includes what
remedies will be made if the law is not followed. A resolution reflects the intent of the Council.
How does the Council arrive at these policy decisions? Briefly there are four steps in the process:
Determining what is needed. Many sources of information are available—Council Members'
observations, requests of individual citizens or citizens' groups and the recommendations of the
City Manager. Increasingly, city government has established various mechanisms for obtaining
citizen input through advisory committees, panels and neighborhood meetings. These can
provide valuable guidance for Council Members.
Determining the will of the people. In some cases, the proposed program may have been a major
issue in a recent election. Otherwise the view of interest groups, discussion with individuals and
Council Members' reactions as a citizen must be evaluated.
Determining what can be done, financially, practically, and legally. Here the advise of technical
experts —the City Manager and the staff— should be considered carefully.
Taking action—passing, modifying or defeating an ordinance or resolution. The City Manager
and the City Council must work as a team in a spirit of mutual confidence and cooperation.
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Supervision of Administration
The second major part of the City Council's job is general responsibility for requiring effective
administrative action through' the City Manager. The manager receives all questions or
criticisms which the Council may have concerning the execution of ordinances or performance
of duty.
If something goes wrong, the manager stands responsible to the council. For example, if the
Council (or a single member)has a complaint or question about the administration of a loading
zone ordinance by the police department, it should not contact the Chief of Police or one of the
officers but should present the complaint to the City Manager.
Then, if the situation is not remedied, the manager must answer for it.
The Council must, therefore, develop a working relationship with the manager. First, the Council
is responsible for selecting a capable City Manager; second, for seeing that the Manager has a
chance to administer policy properly; third, for evaluating administrative accomplishments; and,
fourth, for supporting the City Manager who is carrying out the will of the Council.
Selection of a City Manager
How does the Council go about selecting a City Manager? It is a difficult task since the position
of City Manager is one with which the average Council Member will have had no previous
experience in filling.
Before an intelligent selection can be made, Council Members must know something about the
job they are trying to fill. What is a City Manager supposed to do?How will time be spent?The
person is a manager working for a governmental unit to go beyond the governmental work for
the people of the community.
The City Manager is the Chief Administrative Officer whose task is to make certain the work of
government is carried out at a high level of competence, the democratic controls over policy
imposed by the City Council are transmitted to the administrative employees, and the City
Council receives adequate advise on the technical implications of its decisions.
Administrative officials of a City do not pave its streets, put out its fires or prevent crime—
laborers, firefighters and police officers are hired to do that. Nevertheless, the reason there is a
chief administrative officer is to make sure the persons responsible for performing these very
tangible and definite services do their work well and in such a way their respective efforts are
coordinated to achieve the best overall results.
It is not easy to specify qualifications for a competent City Manager. To some, these will vary
with the size and nature of the City, including its type of plans for development. The Council
should in the beginning, make at least a tentative decision regarding qualifications of training,
experience and personality. Moreover, it is advisable the Council reach an early agreement on
the procedure to be used in making the selection.
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These things done, the Council or a subcommittee of the Council can proceed. More than likely
the best-qualified candidates are already employed. Therefore, the Council should not depend
entirely on voluntary applications, but should conduct a search in other cities.
The International City/County Management Association (ICMA) can provide a current directory
of all City Managers and City Administrators. In addition, on request from responsible
representatives of the City Government, the association will furnish brief statements of the
experience and training of specific applicants. The association also lists cities, manager and
administrator vacancies in its bi-weekly ICMA Newsletter, with details of salary and
qualifications. Most state leagues of municipalities/cities are also able to provide helpful
information to communities wishing to hire managers or administrators.
Many City Councils rely on three standard procedures for rating candidates; an application form,
a personal investigation, and an oral interview. From the application information is gained
regarding education and experience. The personal investigation makes possible a check on the
candidate's integrity and an appraisal of previous work. This may require only a check with
references by letter or phone, or it may lead t a visit to the city where the applicant has served or
is serving. The Council should be very thorough on this point. In the oral interview, opportunity
is given for an appraisal of such traits as force, tact, personal appearance and sense of humor.
Since it is probably the one time before the actual appointment, the manager and Council will see
each other, they should reach agreement or understanding on a variety of topics of mutual
interest—major local problems, the division of responsibility between the Council and
Manager, attitude towards assistants for the manager, political conditions and other matters either
stated or implied.
Councils generally select individuals who have served as managers or administrators in other
cities or as administrative assistants. During recent years, more than half of all newly appointed
city managers and administrators have had such backgrounds. The next largest group of
appointments has come from other public administrative positions such as finance officers, city
clerks, and other city department heads. Generally, less than 10% of the city managers or
administrators appointed in any year come from non- government positions. Several universities
now offer graduate programs in public administration, and many cities have tended to require
such educational backgrounds.
As Councils are primarily interested in applicants' training in municipal administration,
appointments generally are made without regard to place of residence. About three-fourths of all
managers or administrators appointed in recent years have been from other cities.
When the selection is finally made, it should, if at all possible, be unanimous. If this is not the
case and the Council offers the job on a split vote, the person should be informed, as this may be
a factor in the decision whether or not to accept. Some will not take a job offered on a split vote;
others are intrigued by the challenge it implies. In any case, honest differences openly aired lead
to mutual confidence and respect.
Both the Council and the Manger should clearly understand the appointment is for an indefinite
term and the Manger will serve at the pleasure of the Council. The heads of all the City's
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administrative activities are appointed by and are directly responsible to the Manager with the
exception of the City Attorney.
City Attorney
The Council appoints the City Attorney, like the City Manager. This position is independent
because the City Attorney is not responsible to the Manager but works directly for the City
Council and, therefore, occupies a position outside of the departmentalized structure of the City.
The City Attorney represents the City of San Jacinto and the City Council in litigation against the
City and provides advice and counsel on all legal matters before the City Council.A Council
Member may seek legal advice concerning the affairs of the City at any time from the City
Attorney and City Attorney's staff. The City Attorney's office is also available to advise any
Council Member on conflict of interest matters.
Other Council Appointments
Board, commission and subcommittee members are appointed either by the Mayor or City
Council. They are generally advisory in nature and are limited to a particular area, such as
zoning (Planning Commission). A listing of appointed boards and commissions can be found in
the section entitled"Agencies, Boards, Committees, and Commissions" later in this handbook.
Relations with Colleagues
The Council looks to the Mayor for leadership at public meetings and to exert every effort to
unite the Council into a working, cohesive group. This requires the assistance and cooperation of
the members. Much of the success of local government depends on how well the Council
functions as a team.
The Council operates as a unit, and all members must be tolerant of each other's views. There
are many opportunities for real differences of opinion in municipal affairs; this is the democratic
process in action. It is unwise, however, either in or out of the council chamber, to impugn,
attack or challenge as false the motives of a colleague with a different point of view. All
members at one time or another will find themselves in a minority position on some issue.
Most Council Members have or soon develop a spirit of compromise. To achieve anything
requires action by majority. It is not possible to "travel alone" and accomplish much that is
constructive for the citizens. The able Council Member learns to work with colleagues, with the
Manager and with the public. This is not to imply lack of principles for which to fight or stamina
to speak out when the occasion arises. To be most effective, the Council Member must learn to
round off sharp corners and to cool tempers and to be tolerant and understanding of colleagues.
This does not mean following colleagues blindly for the sake of unanimity. A member in a
minority position on a particular issue has the responsibility to vote his or her beliefs. To do less
is to shirk an important public duty.
Responsibilities of the Mayor and Council for Public Leadership
In addition to presiding at all meetings of the City Council, the Mayor is the official head of the
City for all legislative policy and ceremonial purposes and executes all legal instruments and
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documents on behalf of the City. The Mayor is not vested with administrative authority and does
not interfere with the activities and authority of the City Manager who is the chief administrative
officer. The Mayor functions as the chair of the City Council, as well as the affiliated entities of
the City (Successor Agency, Housing Authority, etc.) and as a policy leader.
Exercising responsible public leadership is a difficult and delicate task. It is the fundamental role
of the Mayor and Council and it requires both to generate and to promote community wide
programs by mobilizing local resources. The ability to reconcile diverse interests is important:
Every policy decision the Council makes has the potential for conflict, which may undermine the
popularity of the officials.
Leadership Alternatives
To meet this responsibility, Council Members may respond to any one or a combination of ways:
• The first way may be to react to outside pressures only, transmitting constituent wishes
and demands into the council chamber.
• A second response may be to arbitrate conflicting interest, with primary responsibility
being to resolve issues to the satisfaction of all contending forces.
• The third response may be to conscientiously study problems facing their City, determine
alternative solutions, explain problems and possible solution to the general public, and
decide on a source of action believed to be best of the general welfare of the community.
Many contend that this last alternative is public leadership. Such a conclusion is based on
the belief that the Council is in the best position to take a broad overview of community
needs and to determine how resources can be allocated to meet them.
Public Leadership
The Mayor and Council should take the following steps to assure responsible public leadership:
First critically examine traditional City policies and operations. —The fact that a City function
has traditionally been performed in a certain way is not justification for exempting it from
changing or requiring new responses. These responses signal a challenge to the past and to
traditional methods of operation. This means that the Mayor and Council are often placed in the
uncomfortable position of choosing between the past and the future with the past being known
and understood and the future being unknown and sometimes unwanted.
Second, assume the role of community opinion leader. -There will be times when the Mayor and
Council must attempt to change public opinion and to convince citizens that a more difficult
course of action may be better suited for long range objectives. For example, at a time when
public opinion may seem to be demanding lower taxes and decreased spending, the Mayor and
Council may determine that community problems demand new services and increased
expenditures. Under such conditions, the Mayor and Council have a responsibility to call to the
attention of the public the necessity for providing the new services.
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Third generate public support for community programs and services. - In many ways the most
important public responsibility is to generate public support. This means the Mayor and Council
must inform citizens about government problems, programs and activities in a continuous
process of explaining, persuading, and ultimately getting broad based support. This is a difficult
process, which involves a multiplicity of human relationships and a maze of selling techniques,
including telephone calls, sidewalk meeting and appearances before citizen groups, clubs
luncheon groups and neighborhood organizations.
Gaining Support
Citizens are not likely to band together spontaneously to define and support long range programs
for community improvement. On the other hand, they will allow themselves to be organized in
support of community improvement programs. This following are several examples of ways the
Mayor and Council can gain citizen support.
• Identify problems, both human and physical, whose solution is essential for community
development. For this, the City Manager and staff can be of great assistance. Enlist
support of local businesses, labor, educational, professional, industrial and religious
leaders to create a better understanding of the mutual and interrelated responsibilities of
each group to promote progress.
• Utilize the communications media and personal appearances to maintain good
community relations with citizens' groups, clubs, neighborhood groups and voluntary
organizations. Use the program to promote citizen understanding and discussion of
problems and programs.
• Enlist the assistance of a cross section of citizens, specialists and community leaders on
advisory boards and committees to broaden understanding of and participation in
community problem solving.
• Actively participate in organizations of public officials that are concerned with improving
municipal government through cooperation with other local governmental units,
exchange of information and promotion of state and federal measures to help local
governments serve their citizens better.
Exercising public leadership is a difficult responsibility. It requires critical examination of
traditional ways, receptiveness to new ideas and willingness to face controversy and criticism.
Public leadership,joined with power of the Council to make policy decisions, must be exercised
with intelligence, caution and self-restraint; but it must be exercised, for lack of leadership today
will only bring greater problems for the City in the future.
Citizen Inquiries
Often a constituent will call a Council Member with a question or a complaint about a particular
problem. Sometimes the complaint is related to not understanding why a particular action is
taken and sometimes it relates to how a service has been provided or not provided.
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When particular service issues or questions come up; the staff is also concerned about getting a
quick and accurate response to a citizen. The most effective way for the staff to ensure this
response is for the Council Member to call someone in the Manager's office with his/her
concern. Staff will follow up with the citizen directly or give the information back to the
Council Member, whichever is preferred. Complaints or questions can be directed to the City
Manager, an assistant or acting City Manager or an administrative analyst in the Manager's
office.
DUTIES BETWEEN COUNCIL MEETINGS
In determining policies for the City, Council Members will confront a bewildering array of
issues: zoning, utility rates, water and sewer mains, building codes,job classification plans,
budgets and a host of other technical subjects. Obviously, no one can be expected to be an expert
on all of these subjects, yet each must know enough about them or know where to find
information in order to act intelligently.
Ordinances are designed as solutions to community problems. Unfortunately, community
problems are rarely clearly defined. As elected officials, Council Members must look for the
answers in their constituencies, their conscience and their common sense.
What Must the Council Member Know?
Council Members must be able to determine three things to carry out properly the duties of
office:
• What needs to be done;
• What the people want done; and
• What (in broad policy) is the best way to do it.
The answers to these three questions are not necessarily always in harmony. Some things may
need doing and technically can be accomplished easily, but the people may not want them. An
example might be more traffic officers and radar equipment to catch speeders.
Some things, which the citizens want and need, may not be technically feasible or financially
possible at the moment. An example might be extensive street repairs, which calls for studies in
engineering and finance. Again, some things, which the people want and which can be attained,
may be less urgent than other needs. An example might be a demand for a specific park
improvement, which must be judged in relation to other capital outlay needs. The Council must
resolve these differences.
Where can the answers be found?Where can information be obtained?
Actually, the problem is not so much one of obtaining information, as it is of sorting out the
correct answers from the mass of material with which the policy maker is deluged. To determine
the needs of the City, Council Members have recourse, first to their own observations. More than
anything else, it is essential to know the community.
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Even before election, members will have ideas about city needs. Once in office, talking with
groups and individuals and keeping in touch in general with what is going on will provide more
ideas. As citizens and individuals, members should express ideas and opinions and not simply
react when a voter presses a button.
A second source of information comes unsolicited in the form of complaints, suggestions and
ideas submitted by interest groups and individual citizens. These deserve courteous and careful
attention, as they are a valuable source for determining the needs of the city. These people are
citizens and taxpayers, a fact that Council Members frequently have called to their attention.
The third source of ideas is the City Manager and the administrative staff. They look at the City
through the eyes of professional managers, and the problems they see and the suggestions they
offer for their solution may be far different from those presented by the layman.
Once the Council Member has assimilated the information garnered from all sources and
determined the necessary action, there is a second decision to make. What do the majority of the
people want done?The primary duty of the Council is to put into effect the will of the majority
of citizens as far as practicable. Members have the right to convince citizens of the worth of a
proposal they deem important, but the wishes of the constituents should always be taken into
consideration. At the same time, pressure groups, often representing only a small but very vocal
special interest segment of the community, must be handled. As far as possible, the Council
should consider issues on a City-wide bases rather than by section or districts.
The Council Member will have plenty of volunteer help. Various interest groups purporting to
represent the will of a majority of citizens will be there whenever any important issue is
involved. These groups often are determined minorities, and they should be given consideration
so far as they provide valuable clues to the state of public opinion. Personal investigation -
talking to individuals and with small groups, club members, church and civic organizations - is
very important.
The Council Member will glean some idea as to what the public wants from newspapers, radio,
and television. In this learning process, the tactics of deliberation are most important. This is not
to advocate delay as a course of conduct but rather to stress the important principle of proper
timing. Publicity and time permit opinion to crystallize. Community groups can organize, present
arguments and otherwise reveal their positions, thus making it easier for the Council to reach an
acceptable conclusion.
The Council, as a whole, occasionally may make effective use of temporary citizen advisory
committees, which generally serve two basic purposes.
Fact finding and advise, to aid the City Council and Manger in arriving at a solution to a specific
problem; and
Public relations, to gain community-wide support for a specific program of activity.
When such a committee is used, the Mayor or Council should appoint the members, including
the person to preside; municipal employees should not be voting members. The resolution
creating the committee should state its nature and purpose, funds (if any) and staff aid to be made
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available, and the completion date for the assignment. It is important the committee recognizes
all its recommendations will not necessarily be put into effect.
What is the best way to accomplish the desired end?This question confronts the Council in
determining the best course, whether on broad policy matters or on technical questions of zoning,
utility rates, water lines and the like. The Council, in the final analysis, must rely heavily on the
City Manager and department heads for information. The City Manager should supply the
Council with all of the pertinent facts together with recommendations.
The City Manager has access to important sources of information, including official publications
of the federal and state governments and other municipalities, as well as publications of the
International City/County Management Association (ICMA) and the League of California Cities,
which also provide management information services to cities. There are also private consulting
firms for special problems, state leagues of municipalities and private state, or city-sponsored
research bureaus and education institutions, which are excellent sources of technical information.
But the chances are good that a capable City Manager has already consulted them, if such
consultation is necessary, before submitting suggestions to the Council.
The Council's Public Relations
Public relations are not only a function of management, but are also a necessary and important
activity of the Council in providing political leadership. The Mayor, as pointed out earlier, plays
an important role as a political leader. But the Mayor cannot take the step alone to win popular
support of the City's programs. The Council as a whole must assume this responsibility or the
community will suffer.
What does leadership mean?It means taking the responsibility for educating the citizens about
the City's programs and goals. The Council is in a position to get more facts than the citizens.
This means that if a proposed policy is considered to be good, it is the Council Members' duty to
take a stand on it and to do everything possible to secure its adoption. It is true that a member
may be able to ensure re-election by constantly keeping an ear to the ground and supporting only
those things that are popular but this will not necessarily make a good representative. A Council
Member should be responsive to, but not afraid of the electorate.
Like all human beings, Council Members appreciate receiving credit for good performance and
react favorably to good publicity. No one knows better that the voter is the boss. The voter
decides who will serve on the Council and for how long, as well as what the Council will do.
A Council Member will be wise not to make decisions or promises until the City Manager has
collected the necessary information and suggested a policy. This is especially true for the
newcomer who may be approached by some citizens to make commitments on matters which
former members have avoided for good reasons.
How long the Council Member remains at City Hall, and how effective while there, depends to a
large degree on public relations—with the individual voters, newspapers, radio and television,
all kinds of clubs, civic and professional organizations, as well as various minority groups.
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Arthur W. Bromage gave some sage advice:
The local newspaper has an expert `snooper' at city hall. He sits in
on all the Council meetings. He may be a young `cub,' but the old
timers back at the paper will have taught him what is news and
what isn't news. If he is an old timer himself, he will be sort of a
senior alderman. He may not vote at City Hall, but he can vote in
the newspaper by the way he writes his story. You had better get to
know the City Hall reporter. He won't be offended if you give him
a carbon copy of the great speech you delivered in council and you
should not be offend if most, or all of it, goes into the City Editor's
waste basket. When you want to put over a policy in the pubic
interest, the newspaper can and will help you. If they give you a
good play, it won't be because of you but because of the policy.
Remember that! It will avoid unnecessary revision of hat size!
Contacts with constituents will come in many ways: by telephone, letter, and personal contacts of
various kinds. Citizens want to see their Council Members, to hear what they have to say. Those
who are not interested enough to make public appearances, to attend meetings, to view proposed
zoning changes—in other words, to meet the people and view their problems—will not hold
confidence and respect for long.
Many of the representative duties and responsibilities of an elected officer cannot be delegated.
This means extra hours and much activity. Experience is still the best teacher, and this holds true
for a legislator, as well as for a manager. Without these contacts, the Council Member will not be
able to serve as a representative.
The average citizen does not always understand the principles of this form of government, does
not see why the person elected to the Council should not personally see that garbage is collected,
streets are paved or property rezoned. One of the greatest problems is "getting across" to the
public that the true function of a Council Member is to be a generalist in policy making, while
actual administration is carried forward by the City Manager, principal subordinates, and
employees. Here the City Council and the Manger should collaborate in using radio, newspapers
and other media to inform the public on the division of responsibilities.
Other Duties Between Meetings
Everyone knows that a lot of the iceberg is below the water line. So it is with a Council
Member's work. A great deal of effort takes place between Council meetings!
Citizen Complaints: Every Council Member can expect to receive complaints from citizens
about some phase of City administration. Such complaints should be referred to the City
Manager, who will correct the situation if action can be taken in a manner consistent with City
policies. The manger then will normally notify the citizen in writing of the action taken, sending
the Council Member a copy. Sometimes the complaint will involve something that cannot be
accomplished without a change in the City ordinances. When this happens the Council Member
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should explain the situation to the citizen, and if warranted, ask the City Manager to develop
some recommendations for correcting the situation.
Home Work: Current procedure is to send out the agenda, reports, and recommendations in
advance of the Council meeting. Like any board of directors, Council Members will have to
prepare for the meeting by reading materials forwarded by the Manager.
Contact with Voters: Enough has already been said to indicate the side variety of necessary
contacts. Most of these are worthwhile and assist in policy making. Any contact with a voter,
which requires urgent attention, should be reported to the City Manager between Council
meetings.
Ceremonial Duties: Every Council Member can devote as much time as possible to selling
policy which is coming before Council for decision, or which has been submitted by the Council
to a public referendum. Capital improvement programs which require bond issues are
particularly time consuming.
Press, Radio, and Television: Handling the press is a major factor when issues are "warm" at
City Hall. It is not the responsibility of the press, radio or television to keep a Council Member
from making premature or erroneous statements. Usually, as decisions shape up, the Council
Member can pretty well determine in advance what the news angle will be and prepare
accordingly for the inevitable telephone call.
Representing the City: Representing the City at the state legislature and in matters of municipal
interest that come before Congress is an important task. Most contacts with elected members of
the state and national legislative bodies generally should be made by the Mayor or Council
Members, rather than by its Manager.
Comparative Study: Council Members can acquire comparative ideas about municipal
government by reading such monthly magazines as Public Management, American City and
County, Nation's Cities, and Western City.
Conferences: Council Members receive invitations to attend state and national conferences
dealing with municipal problems. These afford opportunities to learn how other cities tackle and
solve similar problems. It is particularly important to attend the annual meetings of the League of
California Cities.
Campaigns: When time for re-election rolls around, the Council Member has the dual burden of
serving on the Council and conducting a political campaign at the same time.
RELATIONSHIP OF COUNCIL TO MANAGER
Of all relationships existing throughout the Council-Manager form of government, none is more
important than that of the Council and the Manager. The Manager is responsible to the Council
for the proper conduct of all City activities under the direction of his/her office, providing
information and advice and making recommendations. The Manager is the Council's technical
advisor and consultant, but only the Council can make laws and establish policies. Thus, the
burden for political leadership falls squarely on the Council.
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The City Manager cannot and must not permit his/her self to assume responsibilities that rest
exclusively on the City Council. The City Manager can and should outline desirable community
goals, but not make an issue of the proposals. If the Council cannot be convinced of the logic of
the plans, the Manager will devise another plan or simply follow the Council's instructions. But
once the Council has acted, the Manager may assume the responsibility as an administrative duty
of acquainting the public with the policy, which has been adopted.
What Council Expects from the Manager
The Council has a right to expect administrative leadership from the Manager. The Manager
knows the status of City finances, personnel and projects. The Manager must fulfill the
expectations of the Council within the limits of the funds and personnel made available.
The Manager is expected to appoint competent department heads, within the price the Council is
prepared to pay. Those serving important city positions should command respect from their
employees, from citizens with whom they deal, and from the City Council. Providing service
always involves costs, and the extent of expenditures is subject of Council decision.
Again, the Council has every reason to expect the Manager will prepare a sound budget. The
adopted budget, whether it is the same as the Manager's recommendations or not, will be
administered in accordance with the final decision of the Council. If the Council has stipulated
that certain items in the proposed budget should be cut below the manger's estimates, the
Manager will explain the administrative implications of such reductions but will conform to the
Council's requirement and will do the best possible job with available funds.
The Council, as a policy-making body, has every reason to expect it will be kept informed of the
City's financial condition and future needs. In most cities, the Council has few sources of
information for guidance in the formulation of fiscal policy other than recommendations made
by the Manager. Competency in this vital area is one of the bases on which the Council may well
judge a Manager.
The Council must look to the Manager for regular reports on such matters as estimated revenues
compare with actual revenues and appropriated funds compared with actual expenditure. It is
important that the Council know at regular intervals how the City's fiscal plan for the year is
working out in actual dollars and cents. There should be progress reports dealing with the capital
improvements program, including work done, rate of expenditures, funds remaining
unencumbered and unallocated funds.
The Council should be kept informed of the City's debt status, the condition of the bond market,
the possibilities of refunding high interest issues, if any, and data concerning the sale of
redemption of bonds. The Council should be informed of any emergency needs not anticipated in
the budget and suggested means for meeting these needs. Finally, the Council should know the
need for future capital expenditures and whether they should be financed by general obligation
bonds, revenue bonds, special assessments or from current revenues. Utility expansions or
equipment, a new fire station and other critical demands created by the growth of the City, must
be considered long in advance of actual contracts making.
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The Council, also, can reasonably expect the Manager will keep it informed of numerous
situations, which may create future demands on its time and resources. For example, if a demand
is developing for a new type of service or expansion of existing service, the Manager should
indicate the source and kind of pressure being brought to bear. As soon as possible, the Council
should have information regarding probable cost in operating expenditures and capital outlay.
Ultimately, the Manager will make final recommendations and the Council must make the final
decisions.
The Council will expect the Manager to be capable of formulating recommendations, of
extracting information and suggestions from employees, of administering the laws of California
and the City and of reviewing and improving operations.
In addition, the Council will be well advised to ask for the Manager's recommendations on any
legislative matters. The impact of citizen resentment often bears more heavily on administration
officers than it does on policy makers. The problems encountered by Managers in carrying out
restrictive ordinances and the difficulties in meeting situations where legislation is inadequate
are, in many instances better known to the Manager than to Council Members. Where
circumstances warrant, the Manager will submit alternative proposals on policy matters together
with their advantages and disadvantages.
The Council can and should expect the Manager to relieve it of all possible administrative detail.
It is the Manager's duty to handle these details expeditiously, fairly and with proper record
keeping so any questions arising later may be answered readily. The manager is responsible for
follow-up on projects and problems which arise.
The Council rightly expects the Manager to carry out its decision and to report on the disposition
of problems.
In summary, the Council should expect the City Manager to:
• Be the chief administrative officer of the City, responsible to the City Council;
• Appoint, and when necessary for the good of the service, suspend or remove officers and
employees of the City under his/her direction and to direct and supervise their work;
• Prepare the budget annually, submit it to the Council, together with a message describing
the important features and be responsible for its administration after adoption;
• Prepare and submit to the Council at the end of the fiscal year a complete report on the
preceding year's finances and administrative activities;
• Keep the Council advised of the financial condition and future needs of the City, and
make such recommendations as may be necessary;
• Recommend to the City Council a standard schedule of pay for each appointive office
and position in the City service, including minimum, intermediate and maximum rates
and appropriate action with respect to provisions of contracts negotiated with public
employees organizations;
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• Recommend to the Council (from time to time) adoption of such policies as may be
necessary or expedient for the health, safety or welfare of the community or for the
improvement of administrative services;
• Consolidate or combine offices, positions, departments or units within the jurisdiction of
the office, with the approval of the City Council;
• Attend all meetings of the City Council, unless excused therefrom, and take part in the
discussion of all matters coming before the Council;
• Supervise the purchase of all materials, supplies and equipment for which funds are
provided in the budget;
• See that all laws and ordinance are fully enforced;
• Investigate the affairs of the City, or of any department or division, investigate all
complaints in relation to matters concerning administration and in regard to service
maintained by public utilities, and see that all franchises, permits and privileges granted
by the City are faithfully observed;
• Devote all working time to the discharge of official duties; and
• Perform such other duties as may be required by the Council not inconsistent with state
law or ordinances.
While the Council Members have every reason to expect these and other services from the
Manager, they have a responsibility to see that the Manager has adequate staff assistance.
Managerial functions cannot be performed adequately without skilled subordinates in fiscal
procedures, personnel administration, law, planning and other staff services.
As the City increases in size, the Council cannot rightfully expect the best from a Manager
unless money is provided for key personnel to aid in the process of management. Similarly,
adequate pay for department heads is essential to well administered departments.
Manager's Contacts with the Mayor and Council Members
Council Members and the Manager generally have found that their contacts should be confined
to group meetings as much as possible. Of necessity, the Manager will have a close working
relationship with the Mayor, particularly in providing support in the fulfillment of special
leadership responsibilities, including those of an intergovernmental nature. The Manager
generally cannot encourage the frequent recurrence of business related meetings with an
individual member of the Council and a frank discussion of the difficulties which are thereby
created for the Manager is probably the way of stopping the practice. The Manager generally
cannot be placed in the position of having favorites.
The Council can, however, expect the Manager to provide the means for individual members to
report complaints that they receive. Any action taken by the Manager in response to such
referred complaints should be consistent with existing City policy or be approved by the Council
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as a whole. Unless this is the case, an undesirable relationship with other members of the Council
is likely to develop. The Manager ordinarily will confine business contacts with the Council to
those that occur with the entire body in formal or informal sessions, or in standing or special
committee meetings.
When an individual member requests a specific and appropriate action or a report on a problem,
the Manager will be zealous in meeting the demands of the situation and will inform the whole
Council on any such matters that are of general interest. If a great deal of staff time is involved,
the Council as a whole should vote on whether the report should be done.
Manager in Council Meetings
There is no exact formula for determining the role of the Manager in Council meetings, except
that it usually conforms to what is expected by the particular Council.
The Manager and his/her principal staff attend Council meetings to supply additional information
and to advise on policy, problems, and projects. The facts should have been established by a
thorough report sent out in advance. The major questions arising in Council meetings should be
those of policy and on questions of fact. No one else at City Hall is in the same position to bring
this information forward as the Manager.
The City Manager should not attempt to dominate Council meetings. When the Council is in
public session the spotlight should be on the City Council not the Manager.
Council's Contact with Administrative Personnel
To be most effective, the City Council deals with the City Manager on the general supervision
and direction of the administrative operation of the City's government. Because the City
Manager acts on Council's behalf, questions to staff by Council should be channeled through
him/her so that appropriate lines of communication are open and effectively utilized. Where the
information needed by an individual Council Member involves more than a simple answer that
can be immediately supplied by an employee, the request should be made to the City Manager.
Since administrative personnel are responsible to and perform work at the direction of the
Manager, any attempt by individual Council Members to short-circuit the Manager's authority
by issuing direct orders to officers or employees, or by requesting detailed reports from them,
will not only cause friction in the administrative mechanism but also disrupts budgeted work.
Another phase of the same problem occurs when departmental officers seek to bypass channels
and develop a"friend" on the Council. By fostering such relations the Council Member can
make the Manager's job impossible.
The Manager is directly responsible for obtaining action and reporting on a schedule satisfactory
to the Council, providing information, acting in accordance with Council policy and developing
recommendations when needed.
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Standards for Judging Administration
Perhaps one of the most difficult tasks for the Council is evaluating the City Manager. There are,
however, certain benchmarks for guidance. The attitude of the community towards the Manager
and employees is one guide to effectiveness. Both oral and written reports submitted to the
Council give some indication of the Manger's competence.
Normally, most Councils will have one or more members with a good understanding of the
principles of administrative organization. Although the operation of governmental agency is
different from that of private business the principles of organization, in many instances, are
similar. Anyone skilled in business practices will be aware of the fact that the work done, the
customers served and area involved must control the organization of the agency. If the Council
finds that practice does not follow the paper organization, then the Manager should be asked to
explain why or to recommend necessary changes in structure.
The Council ordinarily will have members who know by experience how to secure cooperation
from employees in private business. It can, therefore evaluate the Manager through conduct of
subordinates and by how the they react to the direction. The Council can appraise the Manager's
attitude toward officers and employees through recommendations on such personnel matters as
salary, promotion and fringe benefits. The Council has an opportunity to judge the Manager's
ability when faced with complaints about employees, in investigating employee needs, or in
recommending action before employment problems become critical.
The Council can obtain some estimate of capability from the Manager's handling of the budget.
Is it understandable? Can the needs of the City be visualized by reading it?Is there validity to the
recommendations? Are explanations clear and sound?The presence or absence in the budget of
standard summary tables, the Manager's awareness of what other cities are doing with their
money, the comparison of estimates for the previous fiscal year with actual operations, the
completeness of the budget message - all these factors indicate to an alert Council the measure of
the Manager's ability.
Complaints, which the Council receives from the public about the administration, may furnish
some index of managerial efficiency, although there are other factors affecting complaints. The
Council must discriminate between complaints against the administration and those against
policy being administered. A water shortage, for instance, which might be attributed either to the
Council or the weather, or both while greatly contributing to the number of complaints is not
properly a measure of administrative efficiency. On the other hand, the number and kind of
criticisms brought against the Manger and employees may indicate to a degree the Manger's
ability and awareness of responsibilities.
The Manager's attitude toward Council questions on administrative matters may be used as a
yardstick in evaluation. The Manager who encourages discussion on basic administrative
problems, and relates the "what" and"who" of actions and whose statements are borne out by
other evidence which comes before the Council, is probably well aware of what goes on in the
departments. The quality of subordinates is another index by which the administration may be
judged. The ability to meet standards, to develop recommendations and to administer Council
policies reflects the Manger's ability to explain, delegate, inspect and coordinate. The
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promptness with which problems reported by the Council are handled—judged to term of other
problems being met - gives a further clue as to the manager's effectiveness.
Other indications of the Manger's performance are available, such as: What kind of agenda is
prepared for the Council meetings?How are current City problems reviewed and handled? A
vigilant Council will note citizen reactions to the Police Department; the general appearance of
the streets; the condition of the fiscal records as reported by the independent auditor; the
existence of the adequate controls over such operations as storerooms, purchasing under
competitive conditions and use of municipal automotive equipment; and the frequency with
which the Manger request emergency appropriations or other emergency actions by the Council.
All of these findings should be considered in light of recommendations being made by the
Manager to correct deficiencies.
Finally, the Manager should make frequent reports to the Council. Their completeness and
readability, and the soundness of conclusions, reached in terms of facts presented are good
indications of ability. Willingness to develop significant reports, to consult with the Council on
problems, and to recognize that all wisdom is not encompassed in the Manager's office are
indicative of the official qualities as a manager. The insight with which the Council gains from
the Manager should indicate how staff is used and how recommendations are developed.
As a final element of control and evaluation, the City Council may conduct, on its own behalf, a
formal investigation of the City administration. This power is ordinarily used only when the
Council has reason to suspect failure and laxity in the performance of duties. Where a Council
works closely with the Manger, as it should, such a drastic step is rarely necessary. Nevertheless,
the power of investigation rests with the Council and can be brought into play in critical
situations.
Certifying Council Action to Manager
The Manager is responsible for informing department heads and all other employees of what
they must know in order to carry out both Council and administrative objectives.
It is seldom any policy retains its integrity as it goes through channels unless a guiding hand
watches over its movement. This is the Manager's duty, normally being more acutely aware of
Council decisions than any other official, and ultimately responsible to the Council.
The Council as an Employer
The City Council will realize best results in dealing with the Manager by following sound
practices of employer-employee relationships developed in all types of public and private
employment. When the Manager is not performing as well as expected, the first order of action
for the Council should be to make clear what is expected. This should normally be done in a
private conference in the hope that a proper understanding of the issues will result in improved
performance. On the other hand, the Manager who does a good job should be given appropriate
recognition.
The following guidelines are suggested for Council Members in their dealings with the City
Manager:
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• When assignments are given to the Manager, make clear what is to be done and when the
work is to be completed.
• Give the Manager the tools necessary for the jobs assigned.
• Criticize the work or the City Manager when it is deserved, but offer the criticism in
private so that the issue can be analyzed objectively in an atmosphere of harmony and
mutual understanding.
• Assure the Manager of a fair hearing in controversial situations, and do not question the
Manager's motives until both sides of the story are told.
• Act in an understanding and sympathetic manner.
• Give the Manager a respectful hearing on recommendations and proposals.
• Keep public meetings on a high plane by avoiding ridicule and sarcasm in relations with
fellow Council Members or the City Manager.
A Checklist for Council Members
What has been said in this handbook is, in effect, a general guide. As such it must be tested
against experience. The success or failure of democracy in a Council-Manager form of local
government depends on its Council. A Manager can manage, but only a Council can govern. A
Council should not be afraid of politics in the best sense of the word—the art of governing.
Someone has to make political decisions; that is the Council Member's business.
The Council Member may find help in going over this checklist. The more questions that can be
answered"yes" the more effective the Member will be and the better the City government will
be.
Do I understand the basic principles of this form of government?
Am I prepared to exert leadership in policy making and leave the execution of policy to the
Manager?
Do I use the City Manager's office in getting facts and figures, which lead to sound policy?
Am I working as a team with my colleagues on the Council and with the City Manager?
Have I familiarized myself with the City Ordinances and Council rules?
Do I make an effort to understand reports and recommendations prepared for Council's
information and action?
Am I fair in presenting complaints directly to the Manager rather than going to subordinates?
Do I give the Manager reasonable time to explain a problem or to bring in a recommendation?
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Do I make an effort to understand the objectives of a proposed ordinance or ordinance
amendment?
Do I allow the Manager to explain the probable effect of a proposed ordinance on administrative
organization and operations before voting for or against it?
Do I seek advice from the Manager on the enforceability of a proposed ordinance?
Do I find out if similar ordinances have been used successfully in other cities?
Do I wait to get public reactions to a proposed ordinance before making a decision?
Am I open minded about proposed amendment designed to make an ordinance more acceptable
to the citizens?
Am I familiar enough with the budget to know how well it fits the needs of the City for new
services and capital improvements?
Do I think the proposed budget will provide adequate salaries and wages for City employees?
Does the budget, in my opinion, meet the basic needs of the city for new equipment in the next
fiscal year?
Do I give time to selling needed policies, services and projects to the voters?
Do I carry my share of public relations in dealing with voters, press, radio and television?
Do I judge the work of the City Manager by reasonable standards?
Do I deal with the manager through group action by the Council when it involves Citywide
policy and priorities?
Ain I tolerant and fair minded toward my colleagues on the Council?
CITY ADMINISTRATION
Day to day operations is handled by the City's departments. Currently, the City is separated into
several departments, which provide a wide range of services to citizens. These services range
from street potholes repairs to wastewater and sanitation services and building code inspections
to parks and recreation. The department's report to the City Manager(with the exception of the
City Attorney, who reports to the City Council) so that he/she can keep the City Council aware
of operational issues of importance and citywide concern.
City Manager
The City Manager is appointed by the City Council and serves at its pleasure. The Manager
provides professional leadership in the management of the City and execution of City Council
policies. He/she provides effective municipal services through the coordination and direction of
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all City activities, finance, and personnel. His/her office provides a liaison between the City of
San Jacinto and other governmental agencies and provides for effective public information.
The City Manager's office provides services which include administering and executing City
Council policy; presenting recommendations and information to enable the City Council to make
decisions on matters of policy; responding promptly to all inquiries and request of citizens;
disseminating information regarding City activities; providing input on regional state, and federal
issues which affect the City of San Jacinto; maintaining a sound fiscal position for the City by
preparing the annual budget through the Finance Director and his/her department; administering
human resources and labor relations through the Human Resource coordinator; providing safety
programs to reduce liability exposure while assuring employees safe working environments
through the Risk Management division; supporting Council activities, including campaign
finance and Form 700 reporting through the City Clerk's office; and providing technological
information services through the Information Management Services division.
City Attorney
The City Attorney is appointed by the City Council, performing professional and administrative
work as the chief counsel and legal representative of the City and providing legal counsel to the
City Council, City Manager, Department Heads, Agencies, Commissions, and Boards of the
City. The City Attorney's office prepares resolutions and ordinances for the City Council;
provides the legal defense for actions brought against the City and agencies of the City; prepares
legal documents for the City Council, Planning Commission, Successor Agency to the
Redevelopment Agency, and other boards and agencies of the City; and represents the City in
civil cases and the people of the State of California in criminal cases.
The City Attorney's office appears for and represents the City in the defense of civil actions,
including personal injury and property damage; represents the City in workers' compensation
actions, and in administrative hearings; prepares misdemeanor criminal complaints and
prosecutes violations of City ordinances; prepares legal documents required for annexation;
general plan amendments; and establishments of special districts; and prepares and tries suits in
court for recovery of civil debts and damage claims.
Communications between the City Attorney and city officials (including City Councilmembers
and/or staff) are confidential, as are most private attorney-client conversations. However, the
City of San Jacinto (not any of those officials) is the"client" of the City Attorney. Because the
City is the client, only the City (acting through the City Council) can waive that that attorney-
client privilege. This means that any conversation between the City Attorney and any city
official may be confidential, but that the City Council may legally waive that confidentiality, if
the City Council determines that it is in the best interests of the City to do so.
The City Attorney is also responsible for ensuring that legal documents that he has reviewed
(ordinance, resolutions, contracts) are legally enforceable. Often, this is done through the City
Attorney "approving as to form" those legal documents. However, such approval as to form
does not necessarily mean that the City Attorney believes that the ordinance, resolution or
contract is necessarily a good or wise decision; but instead,just that it is a legal one.
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Financial Services
The Finance Department provides the City Council and City departments support in matters
relating to revenue generation, budgetary accounting and reporting, investments, business
licenses and permits, purchasing and real property management. The department's support
division includes accounting, reporting, treasury and purchasing.
Police Services
The City contracts with the Riverside County Sheriff's Department, to serve as the San Jacinto
Police Department. The San Jacinto Police Department provides for the safety and welfare of the
citizens of San Jacinto through maintenance of effective law enforcement systems, which
include: crime prevention, patrol, traffic enforcement, follow-up criminal investigations, vice and
narcotic enforcement, and community relations.
It is the goal of the San Jacinto Police Department to provide service fairly and impartially
throughout the entire community while maintaining integrity and professionalism. In order to be
as responsive as possible to community concerns, input is solicited from the public regarding the
development of policies which directly impact the quality of neighborhood life. An increase in
the community's awareness of Police Department concerns provides both a better understanding
of police operations and the guidelines under which the Police Department is constrained by law
to follow.
Fire Service
Fire Service is contracted out with the California Division of Forestry through the Riverside Fire
Department.
Public Works
The Public Works Department has the responsibility for the construction, maintenance and
ongoing operation of San Jacinto's public facilities, including the City's wastewater facilities,
City streets, and the City's wells. It is also responsible for the operation of. streetlights, traffic
signals, graffiti eradication and education, street sweeping, street signing and marking, public
improvement inspections, general public works maintenance, sanitary sewer and storm drain
systems, (solid waste and recycling services are contracted out), and for the procurement, repair
and maintenance of vehicular, non-vehicular and telecommunications equipment within the City.
The public works director oversees the operation of the department's broad program areas, which
are included within the general divisions of administration, general services, street maintenance,
equipment, water and wastewater, and parks.
Engineer
The City Engineer is contracted to provide public improvement inspections, assists in planning
for orderly growth and development of the City by monitoring public and private development
from planning to project completion stages, as well as monitoring construction projects for
conformance with City specifications and standards.
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Water Resources
The City provides potable water to a service area that includes about 50% o San Jacinto
residents. The City's water system includes three wells and three storage tanks. The water is
treated with chlorine, while iron and manganese are removed.
Development Services
The Community Development Director oversees the development department, assisting in the
orderly growth of the City and the upgrading of existing land use through the development,
implementation and maintenance of immediate, intermediate and long-range general and
specific community plans and policies. In addition, the department provides for public health and
safety and the promotion of an improved community environment through enforcement of
building construction codes and conservation standards and regulations.
Within the Planning Department, zoning, subdivision and other land use ordinances are
developed. General and specific plans, policies, and strategies for directed growth, community
preservation, annexation efforts and environmental quality are created for Council review. In the
Building Department inspections ensure that construction conforms with structure, health and
safety codes while procedure provide a quick permitting process. An improved community
environment is promoted through Code Enforcement of health and safety standards for existing
buildings as well as zoning, property maintenance, litter, abandoned vehicle, weed abatement,
and sign ordinance compliance.
The Economic and Community Development Department focuses on three key areas: Economic
Development, Redevelopment and Community Development (to the extent they still operate).
Programs concerning Community Block Development Grants (aka"CDBG") (federally funded
programs approved by the City Council) are utilized to improve San Jacinto's economy by
eliminating slums and blight, by providing housing programs and services benefiting low and
moderate income citizens. Other activities include marketing, application processing,
inspections and contract management services to assist low and moderate-income families with
rehabilitation of their dwellings through both loan and grant programs. Community
Development works with the Public Works and the Engineering consultant to construct needed
infrastructure improvements in low and moderate-income neighborhoods.
The Economic Development Division concentrates on activities that protect, improve and
diversify the local economy. These activities include the attraction of new industry, retention of
existing employers, working with various business organizations, coordination of permitting and
review processes, coordinating special events that attract new visitors and developers to San
Jacinto, and community revitalization for areas not providing necessary levels of service good
andjobs.
THE BUDGET
Budget Consideration
A most important power of the City Council is approval and adoption of the City budget by the
appropriation resolution. Only its general authority to pass resolutions and ordinances affecting
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the public health, safety and welfare equals the financial power of the City Council. The budget
document is presented to the City Council by the City Manager who is responsible for oversight
of its preparation. The City Manager heads up the budget team, which may include the Finance
Director, the assistant to the City Manager, and other department heads.
The budget, as adopted by the City Council, sets the expenditures and revenues that will be spent
and/or generated during the fiscal year by each department. The City Council, as the controlling
agency in raising revenues, borrowing money and determining expenditures, should always
consider relevant state and federal regulation, public input and its own goals and policies and
determining the direction of the annual budget.
The Operating Budget
The City of San Jacinto's operating budget is a planning document that mirrors the City
Council's established goals and policies. By providing service delivery based on City Council
goals and policies, City departments ensure that the activities they undertake are those that are
articulated by the City Council, and are important to the community.
Since the operating budget implements City Council goals and policies, it is only natural that the
budget document highlight specific program service objective and action statement that
demonstrate how those goals and polices will be realized. Annually, City department develop
action plans that target progress toward or successful completion of City Council goals.
While funding for departmental budgets is prepared using a line-item budget—a budget that
focuses on what is to be bought—overall decisions and long range planning efforts are
concentrated at the program level. This essentially means that the City Council is looking at
service delivery from the perspective providing viable, quality programs to the citizens of San
Jacinto.
Structure of the Operating Budget
Within each department category is a hierarchy of what constitutes the operating budget. This
hierarchy, which is detailed below provides a basis for how programs are structured and service
is delivered into the community.
Goal —A goal represents a long-term condition or end result. It describes a vision of philosophy
about major social and environmental concerns of the community.
Significant Budget Changes—A significant budget change represents a major departure from
historical practice or treatment of a program or line item within a department's budget.
Action Plan—An action plan qualitatively or quantitatively identifies the service to be
provided. Action plans are specific in nature and directly correlate to achieving the results of the
department or division goal.
Service Level Indicators —The service level indicators describe in specific and measurable
terms the results a program (within a particular division) is expected to achieve within a given
time frame. Service level indicators are derived from the action plan.
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Expenditure Line Items —Within each department are divisions and programs. At these levels is
a summary of costs by personnel, general operating and capital expenditures.
The Budget Process
The budget process begins with the development of the budget calendar, which provides those
involved with the budget a time frame for planning and preparing their budgets. Generally, by
the beginning of the year, the City Council has determined the budget priorities.
A budget kickoff meeting is held where departments are provided with information to complete
their individual budgets, which are submitted to the City Manager. Departments then prepare
budget request to achieve the policy direction provided by the City Council. After the budget is
submitted to the City Manager, the City Manager and appropriate staff conduct review and
analysis of each department's budget. Recommendations are presented and discussed with each
department in one or more departmental review meetings. The Finance Director compiles the
results of the departmental review and City Manager recommendations in a final document
prepared for the City Manager and City Council.
Upon approval of City Manager, the proposed budget is finalized and is presented to the City
Council in May. Comments are received from the Council and the general public during budget
workshops and a public hearing. Upon completion of the hearing and any resulting
modifications to the budget it is adopted by resolution of the Council. Also, adopted by
resolution is the City's annual appropriations limit, in conformance with California Constitution
Article X111B, and annual changes to fees and charges for city services.
Often the City receives requests for funds from groups and organizations in the community. Any
requests for consideration should be address to the Mayor and Council and submitted to the City
Clerk's office, preferably in advance of the adoption of the budget by Council. All requests
should include a letter of introduction, a description of the program, some background material, a
copy of the financial statements and or budget, and a description of how the funds are to be used.
As a general policy, funds are only appropriated for one time capital items rather than for
ongoing operating expenses. All requests will be reviewed by staff, who will make
recommendations to the City Council. Requests are reviewed based upon the availability of
funds and benefit to the community.
Budget Amendments
During the course of the fiscal year, there may be occasions when the budget will need additional
funds for a specific item or project that was unforeseen at the time the budget was prepared.
Requests for additional appropriations are presented to the City Council along with an
appropriation of matching revenues for approval.
The budget is then formally amended mid-year and year-end. All of the approved additional
appropriations are added to the adopted budget and presented to the City Council for adoption by
Council Resolution.
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THE BROWN ACT
I. INTRODUCTION
A. Development
The Brown Act developed as the result of a 1951 San Francisco Chronicle investigation into the
plethora of secret meetings despite diverse codes and statutes prohibiting them. The League of
California Cities drafted the original act which was later promoted through the legislature by
Modesto Assemblyman Ralph M. Brown. The bill was signed into law in 1953.
B. Purpose
The purpose is to ensure that almost all aspects of the decision-making process of legislative
bodies of local agencies be conducted in public and open to public scrutiny.
II. BROWN ACT
A. Application of Act
1. The Act applies to "local agencies", generally defined as political
subdivisions and districts including, for example, general law and
chartered cities, counties, school districts and other special districts.
2. The Act applies to "legislative bodies", generally defined as (a) governing
bodies of local agencies, (b) commissions and committees of local
agencies, either permanent or temporary, either decision-making or
advisory, created by formal action of the City Council and (c)boards,
commissions and committees governing a private entity created by an
elected City Council, or receiving funds from a City and on whose
governing body sits a member of the City Council.
3. The Act applies to persons elected to serve on the City Council, even prior
to assuming office.
4. The Act applies to "meetings", defined generally as a congregation of a
majority of City Council members to hear or discuss items within that
agency's subject matter jurisdiction, or the use of communication or
intermediaries employed by a majority of City Council members
(including through the use of phones, e-mails, texts, or other
communication devices). The Act generally does not apply to social
events, seminars and educational conferences, or community organized
meetings, at which agency business is not discussed by a majority of
agency members.
5. The Act does NOT apply to (a) an advisory subcommittee composed
solely of less than a quorum of the City Council unless it is a standing
subcommittee that has continuing subject matter jurisdiction or a meeting
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schedule fixed by formal action of the City Council; (b) mere attendance
at a standing subcommittee meeting, if only as an observer; or (c)
attendance at open and noticed meetings of other local agencies.
B. Agency Posting and Notice Requirements
The Act requires posting an agenda accessible to the public at least seventy-two (72) hours in
advance of a regular meeting, with a brief general description (generally need not exceed 20
words) of each item of business to be transacted or discussed in both open and closed session.
For special meetings, written notice may be provided by any means at least 24 hours in advance
to members of the City Council and to anyone who has requested notice in writing. The notice
must specify the time and place of the meeting and the business to be discussed. Notice may be
waived in writing delivered to the secretary before the meeting.
No action or discussion is allowed for any item not listed on the agenda (except for brief
response to persons exercising public comment rights at meeting).
Exceptions:
1. Adding an item by a majority vote determining an "emergency" exists
(i.e., work stoppage or crippling disaster impairing the public's health and
safety).
2. Adding an item by 2/3 vote of those present determining a need to take
immediate action and that the need for action came to the attention of the
agency subsequent to posting the agenda.
3. An item was earlier posted pursuant to the seventy-two (72)hour
requirement, but the agenda item has been continued to a subsequent
meeting within five (5) calendar days of the original meeting.
The Brown Act also provides for extra-short noticing requirements for"emergency" and"dire
emergency" situations.
An "emergency situation" is a work stoppage, crippling activity, or other activity that severely
impairs public health, safety, or both, as determined by a majority of the members of the City
Council.
A "dire emergency" is a crippling disaster, mass destruction, terrorist act, or threatened terrorist
activity that poses peril so immediate and significant that requiring the City Council to provide
one-hour notice before holding an emergency meeting may endanger the public health, safety, or
both, as determined by a majority of the members of the City Council.
In the case of an "emergency" situation involving matters upon which prompt action is necessary
due to the disruption or threatened disruption of public facilities, the City Council may hold an
emergency meeting, without complying with either the 24-hour notice or posting requirement for
"special" meetings. However, each local newspaper of general circulation and radio or
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television station that has requested notice of special meetings must be notified by the Mayor or
designee one hour prior to the emergency meeting
In the case of a"dire emergency" the 24-hour notice/posting requirements do not apply, but each
local newspaper of general circulation and radio or television station that has requested notice of
special meetings must be notified by the Mayor or designee at or near the time that the Mayor or
designee notifies the City Council Members of the of the emergency meeting.
The notice must be given by telephone and all telephone numbers provided in the most recent
request of a newspaper or station for notification of special meetings shall be exhausted. In the
event telephone services are not functioning, the notice requirements of this will be deemed
waived, and the City Council, or designee of the City Council, shall notify those newspapers,
radio stations, or television stations of the fact of the holding of the meeting, the purpose of the
meeting, and any action taken at the meeting as soon after the meeting as possible.
C. Opportunity for Public to Speak
Every agenda must provide an opportunity for members of the public to address the City Council
on items of interest to the public, before or during the City Council's consideration of that item,
or concerning items not on the agenda that are within the subject matter jurisdiction of the City
Council (exception: need not allow public to speak if an item was previously considered at a
public hearing by a subcommittee composed exclusively of members of the City Council). The
City Council may adopt regulations limiting the total amount of time allocated for public
testimony on particular issues and for each speaker. The City Council may order the meeting
room cleared (except nondisruptive news media) of persons willfully interrupting the orderly
conduct of the meeting.
III. SOME EXCEPTIONS TO PUBLIC SESSION REQUIREMENTS (CLOSED
SESSIONS)
A. Real Property Transactions: The City Council may go into closed session with its
negotiator prior to the purchase, sale, exchange or lease of real property to give instructions to its
negotiator regarding the price and terms of payments for purchase, sale, exchange or lease.
Prior to the closed session, the City must identify the real property and persons
with whom its negotiator may negotiate.
B. Pending Litigation: The City Council may discuss in closed session "pending
litigation" if:
1. There is litigation pending involving the City; or
2. There is "significant exposure to litigation" against the City; or
3. The City has decided or is deciding whether to initiate litigation.
Prior to the closed session, the City must state on the agenda or publicly the statutory basis under
the Act for discussing pending litigation in closed session.
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C. "Personnel": The City Council may go into closed session to consider the
appointment, employment, evaluation of performance or dismissal of a public employee or to
hear complaints or charges brought against such employee unless such employee requests a
public session. For"complaints or charges"brought against an employee, the employee must be
given 24 hour advanced notice of the right to have the matter handled in open session. Closed
session may NOT be held to discuss the agency's available funds, funding priorities or budget.
"Employee" does not include elected officials. "Employee", however, does include officers and
independent contractors who act as officers or employees.
D. Salaries and Compensation of Employees: The City Council may discuss in
closed session with its designated representatives salaries, salary schedules, or compensation in
the form of benefits of its represented and unrepresented employees. These closed sessions can
take place prior to and during consultations and discussions with representatives of employee
organizations and unrepresented employees. The same definition of"employee" and prohibition
against funding or budget discussion applies as set forth in Section Ill. C. - "Personnel", above.
E. Joint Powers Insurance Authorities; Multi jurisdictional Drug Law Enforcement
Agencies: Insurance claims pertaining to tort or workers compensation liability and drug law
enforcement criminal investigations may be discussed in closed session by applicable agencies.
F. Announcement of Action Taken in Closed Sessions: The City Council must
publicly report any action taken in closed session and the vote of every member as follows:
1. Approval of a real estate agreement must be reported at the public meeting
during which the closed session is held or, if final approval of the
agreement rests subsequently with another party, the City must disclose
approval of the agreement upon inquiry by any person subsequent to final
approval of the agreement by the other party.
2. Approval to defend litigation, or to seek or refrain from seeking appellate
review, or to enter litigation as amicus curiae must be reported in open
session at the public meeting during which the closed session is held.
3. Approval of a settlement of pending litigation must be reported in open
session at the public meeting during which the closed session is held,
provided that if final approval of settlement rests subsequently with
another party, then the disclosure of approval shall be given following
inquiry by any person after the settlement becomes final.
4. Action taken to appoint, employ, dismiss, accept the resignation of or
otherwise affect the employment status of a public employee shall be
reported at the public meeting during which the closed session is held
(except that the report of a dismissal or of the non-renewal of an
employment contract shall be deferred until the first public meeting
following the exhaustion of administrative remedies, if any).
5. Approval of an agreement concluding labor negotiations must be reported
after the agreement is final and has been accepted by the other party.
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The City Council must provide copies of contracts, settlement agreements or other documents
that were approved in closed session to any person who submits a written request for them to the
City Council within twenty-four(24)hours of posting of the agenda (and to any person who has
made a standing request for all documentation as part of a request for annual notice of meetings).
G. The City may by ordinance or resolution designate a clerk or other employee to
attend each closed session and keep in a minute book a record of topics discussed and decisions
made in closed session. The minute book must remain confidential and may, but need not,
consist of a recording of the closed session.
IV. MISCELLANEOUS PROVISIONS
A. Location of Meetings. All meetings of the City Council must be held within the
boundaries of the territory over which the City exercises jurisdiction, subject to limited
exceptions. However, teleconferencing is now allowed, subject to certain restrictions. The City
Council may not conduct a meeting in any facility that prohibits admittance of any person on the
basis race, religious creed, color, national origin, ancestry, or sex, or which is inaccessible to
disabled persons, or where members of the public may not be present without making a payment
or purchase.
B. Form of Open Deliberation. The City Council is prohibited from taking any action
by secret ballot. The City Council may use video or audio teleconferencing for the benefit of the
public and the City Council to receive public comment or testimony and to deliberate. If
teleconferencing is used, the City Council must post agendas at all teleconference locations, and
each teleconference location must be identified in the notice and the agenda.
C. Openness of Meetings. A member of the public may not be required to register
his/her name or provide other information as a condition to attendance. Any person attending a
public meeting has the right to record the proceedings with an audio or video tape recorder or a
still or motion picture camera unless the City Council reasonably finds that such recording
cannot continue without noise, illumination or obstruction of view that would constitute a
persistent disruption of the proceedings. The City Council may not prohibit or restrict the
broadcast of its proceedings unless it makes similar findings. Any tape or film record of a public
meeting made by the City is subject to inspection under the California Public Records Act, but
may be destroyed thirty (30) days after the taping or recording.
D. New or Increased General Tax or Assessment. The Act provides that before
adopting a new or increased general tax or assessment, the City Council must conduct at least
one public meeting at which public testimony is permitted, in addition to the noticed public
hearing at which the City Council proposes to enact or increase a general tax or assessment.
V. PENALTIES AND REMEDIES
A. Each member of the City Council who attends a meeting of such City Council
where action is taken in violation of any provision of the Act, with wrongful intent to deprive the
public of information to which it is entitled under the Act, is guilty of a misdemeanor.
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B. Violations of the Act may be prevented or stopped by mandamus, injunction or
declaratory relief.
C. Actions by the City Council which are not in substantial compliance with the
open meeting, notice or agenda requirements may be invalidated (exceptions to invalidation
generally pertain to actions approving bonds or contracts, or relating to the collection of taxes).
D. Court costs and reasonable attorney fees are recoverable in an action agency and
shall not become a personal liability of any public officer or employee of the City.
E. Unauthorized disclosure of confidential information out of closed session may
result in one or more of the following:
• Injunctive relief to prevent the disclosure of confidential information.
• Disciplinary action against an employee who has willfully disclosed
confidential information.
• Referral of a City Councilmember who has willfully disclosed confidential
information to the grand jury.
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CONFLICT OF INTEREST LAWS
I. POLITICAL REFORM ACT
The Political Reform Act ("Act")was enacted by initiative measure in 1974. (Government Code
§ 81000 et seq.)
Legislative Purpose: "Public officials, whether elected or appointed, should perform their duties
in an impartial manner, free from bias caused by their own financial interests or the financial
interests of persons who have supported them." (§ 81001(b).)
The Fair Political Practices Commission ("FPPC") is the agency primarily charged with the
responsibility of advising officials and the public and enforcing the conflict of interest provisions
of the Act. The FPPC has adopted regulations interpreting and implementing the Act's
provisions. (2 Cal. Code of Regs. § 18000 et seq.)
The Basic Prohibition: "No public official at any level of State or local government shall make,
participate in making or in any way attempt to use his official position to influence a
governmental decision in which he knows or has reason to know he has a financial interest."
(Government Code § 87100.)
There are four basic questions that a public official should ask in determining whether or not
they have a conflict of interest:
1. Is the official making, participating in, or using his or her"official
position" to influence a governmental decision?
2. Is it reasonably foreseeable that the decision will affect the public
official's economic interest?
3. Will the effect of the decision on the official's economic interest be
material?
4. Will the effect of the decision on the official's economic interest be
different than the effect on the public in general?
If the answer to all of the above questions is "yes," then the official has a conflict of interest and
must disqualify himself both from participating in and making the decision.
A. Making,Participating in, or Using One's Official Position to Influence a
Governmental Decision
Making a governmental decision includes voting or participating in a decision regarding
ordinances, regulations or resolutions; contract awards, purchases or leases; hiring, firing or
other personnel actions; or any other decision coming before a public official.
Responding to comments, taking part in discussions or making recommendations regarding any
of the above topics or decisions is also considered participation in a governmental decision.
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B. The Decision Will Foreseeably Affect the Official's Economic Interest
An effect on one's economic interest is foreseeable when there is a"substantial likelihood" that
it will result in a financial gain or loss to the public official.
Probably a conflict if the governmental decision involves any of the following:
1. A direct or indirect interest in real property valued at$2,000 or more.
2. A direct or indirect investment of$2,000 or more in a business.
3. A source of income of$500 or more within the last 12 months.
4. Gifts of$440 or more within the last 12 months.
Note: mortgages, options to buy and leasehold interests are all considered to be interests in real
property, although month-to-month leases are not.
C. The Effect of the Official's Economic Interest is Distinguishable from the
Effect on the Public Generally
Will the decision cost or earn the official, the official's spouse or dependent children money or
affect the official's other economic interests in a way that is different from the general public?
The official does not have a conflict of interest if the effect of the decision on his economic
interest is no different from its effect on most other persons (the "public generally"). For
example, a decision to impose a tax will affect the official no differently than any other member
of the general public. By contrast, a decision concerning a zoning variance for the official's
business or home does have an effect on the official that is different from that on the general
public and therefore would be considered a conflict of interest for the official. (This exception is
very narrowly construed by the FPPC.)
To qualify for the "public generally" exception, the decision must affect a "significant segment"
of the public.
D. Legally Required Participation
No alternative source of decision.
Not available to break a tie.
Not available if a quorum can be convened from those not disqualified.
Requirement to disclose the financial interest and the reason there is no alternative source of
decision-making authority.
Requalify the minimum number needed to act, by random method of selection (i.e., drawing
straws).
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E. Violations
Administrative penalty of up to $5,000 per violation.
Injunctive relief.
Misdemeanor criminal sanctions (fine and/or imprisonment), and four- year bar from holding
elective office.
II. GOVERNMENT CODE SECTION 1090
Government Code Section 1090 prohibits public officers or employees from being financially
interested in any contract made by them in their official capacity or by any body or board of
which they are members.
Government Code Section 1090 also prohibits public officers or employees from being
purchasers at any sale or vendor of any purchase made by them in their official capacity.
The purpose behind the prohibitions in Section 1090 is to eliminate opportunities that would
prevent officials from exercising loyalty and undivided alliance to the best interests of the public
entity of which they are members.
No actual fraud or dishonesty is necessary for a Section 1090 violation.
Even when the governmental official's business turns in the lowest bid, a Section 1090 violation
can occur.
Full disclosure will not prevent or cure a Section 1090 violation.
Abstention by the interested public official will not cure a Section 1090 violation.
A Section 1090 violation will occur even if the interested public official abstains from a vote that
would approve the contract, sale, or purchase from the public official's business.
The consequences of a violation of Government Code Section 1090 can be criminal and civil.
There are exceptions under Government Code Section 1090 (e.g. "remote interests" under
Government Code Section 1091 and"noninterests" under Government Code Section 1091.5).
For specific questions regarding whether an exception may apply to any particular set of facts,
Council Members should contact the City Attorney.
111. REDEVELOPMENT LAW CONFLICT OF INTEREST
City Council members also serve as Directors for the Successor Agency to the San Jacinto
Redevelopment Agency. The California Community Redevelopment Law ("CRL")has its own
separate conflict of interest rules. No RDA or City officer or employee who in the course of his
or her duties is required to participate in the formulation of, or to approve plans or policies for,
the redevelopment of a project area can legally acquire any interest in any property included
within a project area within the City.
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If any such officer or employee owns or has any direct or indirect financial interest in property
included within a project area, that officer or employee must immediately make a written
disclosure of that financial interest to the agency and the City Council and the disclosure shall be
entered on the minutes of the RDA and the City Council. Failure to make the disclosure
constitutes misconduct in office.
This rule does not prohibit any RDA or City officer or employee from acquiring an interest in
property within the project area for the purpose of participating as an owner or reentering into
business pursuant to the CRL if that officer or employee has owned a substantially equal interest
as that being acquired for the three years immediately preceding the selection of the project area.
Also, a rental agreement or lease of property that meets all of the following conditions is not an
interest in property for purposes of this rule:
The rental or lease agreement contains terms that are substantially equivalent to the terms of a
rental or lease agreement available to any member of the general public for comparable property
in the project area.
The rental or lease agreement includes a provision that prohibits any subletting, sublease, or
other assignment at a rate in excess of the rate in the original rental or lease agreement.
The property that is subject to the rental or lease agreement is used in the pursuit of the principal
business, occupation, or profession of the officer or employee.
The RDA or City officer or employee who obtains the rental or lease agreement immediately
makes a written disclosure of that fact to the RDA and the City Council.
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