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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 Resolution Number 2387 is hereby repealed in its entirety.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 okis Alonso Ledezma, Mayor ATTES AXIZIf4tL h-j&_ Rick Miller, City Clerk APPROVED AS TO FORM: Best, Best, and Krieger, LLP Jamey T B Ilinger, ity Attorney SAN ClNTO 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. 2k ; ! ° - r 3/ ]/ ! , 7 ,! en ! , Cc &_ %°\ i § ±{ f} . �� - 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. -1- 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 -2- 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. -3- 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 -4- 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: -5- 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. -6- 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. -7- 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 -8- 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. -9- 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. -10- 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 -11- 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, -12- 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. -13- 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. -14- 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. -15- 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. -16- 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. -17- 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. -18- 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: -19- • 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. -20- 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. -21- 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. -22- 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. -23- 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). -24- 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 -25- 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. -26- 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. -27- 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 -28- 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 -29- 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. -30- 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. -31- 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. -32- 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 -33- 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. -34- 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 -35- 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. -36- 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. -37- 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; -38- • 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 -39- 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. -40- 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 -41- 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: -42- • 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? -43- 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 -44- 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. -45- 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. -46- 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 -47- 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. -48- 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. -49- 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 -50- 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 -51- 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. -52- 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. -53- 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. -54- 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. -55- 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. -56- 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). -57- 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. -58- 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. -59-