Economic Development Reserve
Each July 1, the City shall establish an Economic Development Reserve in the amount of $1 million. Use of the Economic Development Reserve will be used to further the City’s adopted Economic Development program and to foster Council’s strategic goal of attracting and expanding diverse business and employment opportunities or any additional strategic economic development goals established by Council action. This reserve shall be assigned in the General Fund.
Fund Balances Used For Capital Projects
Reserves within Capital Projects funds will be used for one time capital expenditures only if:
1) There are surplus balances remaining after a reserve or fund allocation is made; or
2) The City has made a rational analysis with justifying evidence that it has an adequate level of short and long-term resources.
Specific Appropriation By City Council / Board of Directors With the exception of the annual 1% contingency provided for in Section 3 Contingencies and Appropriations, if fund balances are used to support one time capital and one time non-operating expenditures, the funds must be specifically appropriated by the City Council.
Capital and Debt Service Funds
Monies in the Capital Projects Funds will be expended in accordance with an approved budget. Interest income will be used to offset construction costs or interest expense on the debt issue. Reserves in the Debt Service Fund and Interest accounts will be maintained as required by outstanding bond indentures. Reduction of reserves for debt shall be done only with City Council approval after Council has conferred with the City’s Financial Advisor, Bond Counsel and the City Manager to insure there is no violation of bond covenants.
Debt Coverage Ratios
Debt Coverage Ratios shall be maintained as specified by the bond covenants.
4. REVENUE MANAGEMENT
Characteristics of the Revenue System
The City / District strives for the following optimum characteristics in its revenue system:
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1) Simplicity and Certainty. The City shall strive to keep the revenue classification system simple to promote understanding of the revenue sources. The City shall describe its revenue sources and enact consistent collection policies to provide assurances that the revenue is collected according to budgets and plans.
2) Equity. The City / District shall make every effort to maintain equity in its revenue system structure. The City shall minimize all forms of subsidization between entities, funds, services, utilities, and customers.
3) Centralized Reporting. Receipts will be submitted daily to the Finance Department for deposit and investment. Daily transaction reports and supporting documentation will be prepared.
4) Review of Fees and Charges. The City / District shall review all fees and charges annually in order to match fees and charges with the cost of providing that service, except in cases where the social benefit impact outweighs the objective of full cost recovery (e.g. recreational programs, etc.)
5) Aggressive Collection Policy. The City / District shall follow an aggressive policy of collecting revenues. Utility services will be discontinued (i.e. turned off) for non-payment in accordance with established policies and ordinances. The Finance Director may place a delinquent account on a re-payment plan prior to turning the account over for collection. Other receivables that are 120 days or greater shall be sent to collections. The Finance Director is authorized to “write-off” all non-collectible accounts and specify said action in the annual audit.
Non-Recurring Revenues
One-time or non-recurring revenues will not be used to finance current ongoing operations. Non-recurring revenues will be used only for one-time expenditures such as capital needs.
Utility Rates
The City shall review and adopt utility rates annually, starting in 2007, that generate revenues required to cover operating expenditures, meet the legal restrictions of all applicable bond covenants, and provide for an adequate level of working capital. This policy does not preclude drawing down cash balances to pay for debt service obligations, to retire bonded indebtedness or to undertake capital projects.
Interest Income
Interest earned from investment of available monies, whether pooled or not, may be distributed to the funds in accordance with the equity balance of the fund from which monies were invested.
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User-Based Fees and Service Charges
With respect to utility user charges, and impact fees associated with development, the direct and indirect costs of that service shall be offset wholly by a fee. There shall be an annual review of fees and charges to ensure that the fees provide adequate coverage of costs of services. Full fee support shall be obtained from development application processing, compliance with CEQA and related development services.
Enterprise utilities and capital improvements for utilities shall be wholly offset by fees. However, from time to time, the Chief Administrative Officer may establish programs or certain procedures to place a delinquent account on a repayment program for delinquent utility charges. With respect to Special Revenue Funds and other City provided services (i.e. recreation programs), fees should partially offset services as deemed appropriate by the City Council / Board of Directors.
Intergovernmental Revenues/Grants
Grant revenues shall be spent for the purpose(s) intended. The City / District shall review grant match requirements and not rely on grants for the basic operating budget nor rely on one-time revenue sources.
Revenue Monitoring
Revenues actually received are to be regularly compared to the budgeted revenues and reported to the City Council quarterly.
Revenue Projections
The City shall project current year revenues based on the previous five year history and will update this projection annually. Each existing and potential revenue source shall be re-examined annually. Operating Revenues will be projected out five years for report at mid-year. Exception: In the event a new re-occurring land use or development will dramatically skew the projection history, then the Chief Administrative Officer is authorized to adjust the five year history “current year” revenue number to better reflect changed conditions.
5. EXPENDITURE CONTROL
Appropriations
The responsibility for budgetary control lies with the Department Manager.
Department Managers may not approve expenditures that exceed monies available at the division level. Capital expenditures are approved by the City Council / Board of Directors on a per project basis.
Amendments to the Budget
The City Council may transfer any unencumbered appropriated balance or portion thereof from any office, department, to another at any time. 156
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Authority to Amend Budget
1. Reserve for Future Allocation. The City Manager or Fire Chief may authorize transfers from within their “Legal Level of Control.” They must secure authorization from the City Council / Board of Directors to transfer money from one fund to another fund.
2. Reports to City Council / Board of Directors. Transfers from the Reserve for Future Allocation or transfers between divisions authorized by the Chief Administrative Officer shall be reported on a quarterly basis for review by the City Council / Board of Directors as part of the regular quarterly budget review.
Purchasing
All purchases shall be made in accordance with the Purchasing Ordinance and in compliance with Federal Law. All procurement activities involving the expenditure of federal funds must be conducted in compliance with the Procurement Standards codified in 2 C.F.R. § 200.317 through § 200-326 unless otherwise directed in writing by the federal agency or state passthrough agency that awarded the funds. The City will follow all applicable local, state, and federal procurement requirements when expending federal funds. Should the City have more stringent requirements, the most restrictive requirement shall apply so long as it is consistent with state and federal law.
APPROVAL REQUIREMENTS
PURCHASES OF SUPPLIES & EQUIPMENT AND
PROFESSIONAL SERVICES
Threshold
Department
Head
City
Manager or
Fire Chief
City
Council /
BOD
SUPPLIES & EQUIPMENT
less than $5,000
√ √
$5,000 to $25,000
(requires 3 informal proposals)
√ √
exceeding $25,000
(requires formal proposals) √ √
PROFESSIONAL SERVICES
less than $10,000 √
$10,000 to $50,000
(requires 3 informal proposals)
√ √
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exceeding $50,000
(requires 3 formal proposals)
√ √
Petty Cash Reimbursement
Limit $100.00
√ Denotes signature approval
Denotes Council Authorization
Prompt Payment
All invoices approved for payment by the proper City / Fire District authorities shall be paid by the Finance Department within thirty (30) calendar days of receipt, in accordance with the provisions of state law. Proper procedures shall be established that enables the City / Fire District to take advantage of all purchase discounts, except in the instance where payments can be reasonably and legally delayed in order to maximize the City’s investable cash.
Mandatory Professional Services Review
In an effort to maintain the most up to date and competitive services, and effective with the adoption of the Fiscal Policies, the Finance Director shall establish a list of current and reoccurring professional services. Any such service that has not been competitively reviewed for more than three to five years, should be subject to a new RFQ/RFP process. The existing professional services providers will be encouraged to submit a proposal.
Expenditure Control Account (ECA)
Concurrent with the adoption of the Fiscal and Budget Policies, an “Expenditure Control Account” (ECA) was created for each Department. At the close of the fiscal year for each fund, 50% of the remaining unencumbered budget will be deposited into the Department’s ECA. The remaining balance, the other 50%, will be returned to the Fund Balance. The Department’s ECA may be used, upon review and approval of the Finance Committee, to further the Department’s goals and objectives. The allocation in the ECA cannot be used to pay reoccurring expenses but are designed to be one-time allocations to a particular need of the Department. One exception to this ECA policy, is that when prior year revenues do not reach estimated projections or when the Governor declares a fiscal emergency in accordance with the provisions of Proposition 1A, allocations may be reduced or eliminated as recommended by the Finance Committee. In any event, at no time shall the expenditure control account for any department exceed 25% of the department’s operating expenditures.
6. CITY CAPITAL IMPROVEMENT PROGRAM AND THE CAPITAL BUDGET Program Planning
The City shall develop and maintain a multi-year plan for capital improvements and make capital improvements in accordance with the 158
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approved plan. The Capital Improvements Program will be updated annually.
The Capital Improvements Program (CIP) is a planning document and does not authorize or fund projects. The planning time frame for the CIP will normally be five years. The Planning Commission will review the CIP for consistency with the General Plan.
Budget Preparation
The Annual Capital Budget will be developed from the Capital Improvement Program. Capital project expenditures must be appropriated in the Annual Budget. A funding source/resource availability shall be presented to the City Council at the time a project is presented for funding. The City’s Capital Budget is to be prepared annually in conjunction with the Operating Budget on a fiscal year basis to ensure that capital and operating needs are balanced against each other. Projects approved for funding from the Capital Improvements Program will be included in the Annual Budget.
Project Length Budget
A budget for a capital project shall be a project length budget. At the end of the fiscal year, the unspent budget of an approved capital project shall automatically carry forward to the subsequent fiscal year until the project is completed.
Financing Programs
Alternative financing sources will be explored. Debt shall be used only to acquire major assets with expected lives which equal or exceed the average life of the debt issue, with the exception of costs of marketing and issuing the debt.
Reporting
Periodic financial reports shall be prepared to enable the Department Heads to manage their capital budgets and to enable the Finance Department to monitor and control the authorized capital budget. Capital project status reports shall be presented to the City Council periodically.
Evaluation Criteria
Capital investments shall foster goals of economic vitality, neighborhood vitality, infrastructure preservation, providing service to areas lacking service and improving services in areas with deficient services. Evaluation criteria for selecting which capital assets and projects to include for funding shall include the following:
● mandatory projects
●efficiency improvement
●policy area projects
●project’s expected useful life
●availability of state/federal
grants
● prior commitments
● achieving stated economic
development objectives
● maintenance projects
● project provides a new service
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●extent of usage
●effect of project on operation
and maintenance costs
●elimination of hazards
General Rule for Inclusion in the Capital Budget
If the item is over $50,000, has a “life” of over ten years, and requires more than two people to lift it, the item should be in the Capital Budget.
7. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING
Accounting
The Finance Director is responsible for establishing the Chart of Accounts and for recording financial transactions within the budget. The Finance Director shall periodically determine whether or not the City should consider refinancing existing debt.
Auditing
1) Use of Audited Comprehensive Annual Financial Report (CAFR).
The Finance Director, pursuant to Section 37208 of the Government Code, shall be responsible for preparing an audited Comprehensive Annual Financial Report.
2) Pursuant to Government Code Section 37208, payroll warrants and checks will not be audited bi-weekly by the legislative body prior to payment provided the City Council annually adopts a fiscal year budget and the Finance Department annually submits to the City Council a Comprehensive Annual Financial Report (CAFR). 3) The Chief Administrative Officer is directed to submit amendments to the municipal code for adoption by the City Council / Board of Directors to require the City Finance Department to annually prepare a CAFR.
4) Qualifications of the Auditor. In conformance with state law, the City shall be audited annually by independent accountants (“auditor”).
The CPA firm must demonstrate that it has staff to conduct the City’s audit in accordance with generally accepted auditing standards and contractual requirements. The auditor must be licensed by the State of California.
5) Responsibility of Auditor to City Council and Finance Committee.
The auditor is retained by and is accountable to the City Council / Board of Directors. The auditor shall communicate directly with the Finance Committee as necessary to fulfill its legal and professional responsibilities. The auditor’s report on the City’s financial statements shall be completed within 180 days of the City’s fiscal 160
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year end. The auditor shall prepare and review a management letter with the Finance Committee.
6) Contract with Auditor. The agreement between the independent auditor and the City / Fire District shall be in the form of a written contract. A time schedule for completion of the audit shall be included.
7) Scope of Audit. All general purpose statements, combining statements and individual fund and account group statements and schedules shall be subject to a full scope audit.
8) Selection of Auditor. Effective September 30, 2007, the City shall request proposals for audit services at least once every three to five years. The City shall select the auditor by May 31, of each year.
City Financial Reporting
1) External Reporting. As a part of the audit, the auditor shall assist with preparation of a written Comprehensive Annual Financial Report (CAFR) to be presented to the City Council. The CAFR shall be prepared in accordance with generally accepted accounting principles (GAAP) and shall be presented annually to the Government Finance Officer’s Association (GFOA) or the CSMFO for evaluation and consideration for the Certificate of Achievement for Excellence in Financial Reporting. The Budget and CAFR shall be posted on the City website.
2) Availability of Reports. The comprehensive annual financial report shall be approved by the City Council and be made available to the elected officials, bond rating agencies, creditors and citizens. 3) Internal Reporting. The Finance Department shall prepare internal financial reports, sufficient to plan, monitor, and control the City’s financial affairs.
4) GASB (Governmental Accounting Standards Board) Statement No.
45. In compliance with GASB Statement No. 45, provisions to account for retiree health benefits, the City and the Fire District are required to report the annual cost of retiree health benefits along with the unfunded actuarial accrued liabilities (the difference between the total obligation and any assets that have been set aside for financing the benefits).
The calculation must be redone every two years. The actuarial valuation includes the following assumptions:
• Turnover rate and retiree rate
• Medical care inflation
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• Mortality
• Discount rate
• Benefit design
• Health care cost factors such as age, gender, family size, geographic area
• The promise to retirees
• Salary scale assumption
• Expected long-term (or short-term) rate of return on plan assets Although there is no requirement that the City / Fire District actually fund the benefit cost, not doing so could have a significant impact on our credit rating, consequently, affecting the cost of issuing debt financing. GASB Statement No. 45 requires that a liability, called the net OPEB obligation, be recorded on the financial statements to the extent that the actual OPEB contribution is less than the annual OPEB cost. This liability, if not funded, could increase rapidly over time. The City established an irrevocable trust for OPEB contributions in FY 2008-09 and the Fire District is in the process of opening a trust for FY 2009-10. The City and the Fire District will pay, to the extent that resources are available, the annual required contribution, as designated in the actuarial report. City departments will contribute a proportional share to the fund.
8. INVESTMENTS AND CASH MANAGEMENT
Depository Bank
No later than June 30, 2012, a Depository Bank shall be recommended by the City Manager to the City Council for a three to five year period. A request for proposal (RFP) shall be used as the means of selecting a Depository Bank. The Depository Bank shall specifically outline safekeeping requirements and other policies and practices for the City.
Depositing of Funds
The Finance Director shall promptly deposit all City funds with the Depository Bank in accordance with the provisions of the current Bank Depository Agreement and the City Council approved Investment Policies.
Investments and reporting shall strictly adhere to the City Council approved Investment Policies.
Investment Policy
All funds shall be invested in accordance with the approved investment policy. Investment of City funds emphasizes preservation of principal.
Monthly Report
A monthly cash and investment report shall be prepared and distributed to the City Manager.
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9. ASSET MANAGEMENT
Fixed Assets and Inventory
A fixed asset of the City is defined as a purchase or otherwise acquired piece of equipment, vehicle, furniture, fixture, capital improvement, or addition to existing land, buildings, etc. The cost or value of any such acquisitions, except for infrastructure assets, must be $5,000 or more with an expected useful life greater than one year. The capitalization threshold for infrastructure assets including the Road and Storm Drain Systems Networks is $50,000. Their estimated useful lives, for purposes of calculating depreciation expense are:
Road System Network Years
Pavement 40
Curbs and Gutters 50
Sidewalks 50
Medians 50
Traffic Signals 30
Street Lights 40
Bridges 75
Trails - Asphalt 40
Trails – Concrete 50
Storm Drain System Network
Storm drain lines 75
Manholes 75
Catch basins 75
Detention basins 75
Maintenance of Physical Assets
The Finance Director will maintain the City’s physical assets at a level adequate to protect the City’s capital investment and minimize future maintenance and replacement costs. The budget will provide for the adequate maintenance and the orderly replacement of fixed assets.
Operational Procedures Manual
Records shall be purged that do not meet these criteria and operational procedures shall be in accordance with a fixed asset records procedure manual approved by the Finance Committee.
Safeguarding of Assets
The City’s fixed assets will be reasonably safeguarded and properly accounted for. Responsibility for the safeguarding of the City’s fixed asset 163
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lies with the Department Manager in whose department the fixed asset is assigned.
Maintenance of Records
The Finance Department shall maintain the records of the City’s fixed assets including description, cost, department of responsibility, date of acquisition and depreciation where applicable.
Annual Inventory
An annual inventory of assets shall be performed by each department using guidelines established by the Finance Department. Such inventory shall be performed by the Department Head or the designated agent. The Department Manager shall use a detailed listing and shall be responsible for a complete review of assigned fixed assets. A signed inventory list shall be returned to the Finance Department.
10. DEBT MANAGEMENT
Debt Issuance
The City / Fire District shall issue debt only as specifically approved by the City Council / Board of Directors and expenditure of such monies shall be in strict accordance with the designated purpose.
Issuance of Long-Term Debt
The issuance of long-term debt is limited to capital improvements or projects that cannot be financed from current revenues or resources. For purposes of this policy, current resources are defined as that portion of fund balance in excess of the required reserves. The payback period of the debt will be limited to the estimated useful life of the capital projects or improvements.
The City / Fire District may use long-term debt financing when it can be determined that future citizens will receive a benefit from the improvement.
Payment of Debt
When the City / Fire District utilizes long-term debt financing it will ensure that the debt is financed soundly by realistically projecting the revenue sources that will be used to pay the debt; and financing the improvement over a period not greater than the useful life of the improvement.
Types of Debt - City
1) General Obligation Bonds (G.O.’s). General obligation bonds shall be used only to fund capital assets of the general government, and not used to fund operating needs of the City. General obligation bonds are backed by the full faith and credit of the City as well as the ad valorem tax authority of the City. The term of a bond issue shall not exceed the useful life of the asset(s) funded by the bond issue.
General obligation bonds must be authorized by a vote of the citizens of the City of American Canyon.
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2) Revenue Bonds (R.B.’s). Revenue bonds shall be issued as determined by City Council to provide for the capital needs of any activities where the capital requirements are necessary for continuation or expansion of a service which produces revenue and for which the asset may reasonably be expected to provide for a revenue stream to fund the debt service requirements. The term of the obligation may not exceed the useful life of the asset(s) to be funded by the bond issue.
3) Certificates of Participation (C.O.P.’s) or Lease Purchase Notes.
Certificates of Participation or lease purchase notes may be used in order to fund capital assets. Debt service for C.O.P,’s may be either from general revenues or backed by a specific revenue stream or streams or by a combination of both. Generally C.O.P.’s shall be used to fund capital assets where full bond issues are not warranted as a result of the cost of the asset(s) to be funded through the instrument. The term of the obligation may not exceed the useful life of the asset(s) to be funded by the proceeds of the debt issue. 4) Tax Anticipation Notes (T.A.N’s). Tax Anticipation Notes may be used to fund capital assets of the general government or to fund operating needs of the City. Tax Anticipation Notes are backed by the full faith and credit of the City as well as the ad valorem tax authority of the City. The term of a note issue shall not exceed the useful life of the asset(s) funded by the debt issued or seven years whichever is less.
Method of Sale
The City may use a negotiated sale of bonds and certificates of participation, provided the total debt is less than $20 million, unless some other method is specifically agreed to by Council / Board of Directors.
Financial Advisor
The Finance Committee may recommend to the City Council a financial advisor to oversee all aspects of any bond issue over $10 million.
Analysis of Financing Alternatives
Staff and the Finance Committee shall explore and evaluate financing alternatives for capital acquisitions and construction projects.
Disclosure
Full disclosure of operations shall be made to the bond rating agencies and other users of financial information. The City Staff, with the assistance of financial advisors and bond counsel, shall prepare the necessary materials for presentation to the rating agencies, and shall aid in the production of Offering Statements.
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Debt Structuring
The repayment schedule shall approximate level debt service unless operational matters dictate otherwise.
11. INTERNAL CONTROLS
Written Procedures
Wherever possible, written procedures shall be established and maintained by the Finance Director for all functions involving cash handling and/or accounting throughout the City. These procedures shall embrace the general concepts of fiscal responsibility set forth in this policy statement.
Department Manager Responsibilities
Each Department Manager is responsible to ensure that good internal controls are followed throughout the Department, that all Finance Department directives or internal controls are implemented, and that all independent auditor internal control recommendations are addressed.
12. RISK MANAGEMENT
Responsibility
The Director of Human Resources is responsible for the general risk liability insurance and the risk management function of the City. The Fire Chief is responsible for the general risk liability insurance and the risk management function of the Fire District. Recommendations for deductibles, limits of coverage, etc. shall be presented to the Finance Committee for review.
13. NEW CITY DEVELOPMENT PROJECTS
The City Council recognizes the need to periodically update its land use policies through use of various tools including, but not limited to, the periodic update of its General Plan Elements, adoption of Specific Plans, adoption of Sphere of Influence Boundaries, and related policy documents such as Master Plans or an Economic Development Strategic Plan. These various policy documents are designed to provide instruction as to how, when and under what conditions new development will occur in American Canyon.
Accordingly, the City Council desires to verify that new development and not the existing residents is paying its own way with respect to benefits and cost to the Community.
Staff is directed, following an initial environmental study, to determine whether or not a development project should utilize an Independent Fiscal Impact or a Facilities and Services Plan analysis. The development applicant will be responsible for paying for either analysis, and the City will 166
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select and retain the firm to undertake the work. The City Manager will keep a City Council approved list of firms that may do the subject work.
Fiscal Impact Analysis (FIA) Contents
The FIA will demonstrate at 50%, 75% and 100% of build out what the cost in terms of new services a development will use and what the corresponding revenue will be to the City. Based on the analysis, additional conditions of approval may be placed on the development including but not limited to creating a special district to off-set the new cost burden to the City and not its existing residents. The FIA assumes that the City’s existing infrastructure can accommodate the new development project. An FIA will be required for new commercial and industrial projects seeking a Traffic Impact Fee discount.
Facilities and Services Plan (FSP)
In the event that a development could have extraordinary impacts on City services or the City infrastructure, a FSP will be required. The FSP will include a test to determine whether or not existing development fees are sufficient so as not to compromise the City’s capacity to absorb the new development.
14. ROLE OF THE FINANCE COMMITTEE OF CITY COUNCIL
The finance committee shall be made up of the Mayor and the Vice Mayor, the Finance Director, and the Chief Administrative Officer(s). The Finance Committee shall have responsibilities including:
1) Monitoring and recommending changes to the Investment Policy; 2) Managing the audit;
3) Overseeing of the City’s Self Insurance Program;
4) Salary and Retirement Policy Review;
5) Employee Benefit Policy Review;
6) Make recommendations affecting these polices;
7) Review of Liability Insurance Coverages;
8) Quarterly Budget Review;
9) The City’s Fiscal and Budget Policy Monitoring and
Recommendations; and
10) Recommending the Retention of a Financial Advisor.
15. BUDGETING FOR COMMUNITY SERVICE PROVIDERS (Rev. March 2020)
Purpose
The City recognizes the benefit of strategically aligning itself with professional, non-profit organizations who provide programs and services to 167
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the community that the City is not well positioned to offer. Example programs and services include:
1) Fundraising, enhancements to and supplemental parks, recreation, open space, and trails programs and improvements.
2) Business and tourism coordination, development, communication and assistance with economic development initiatives.
3) Provision of critical and important community health and family resources & services.
4) Programs and services that provide assistance to socioeconomically challenged and underserved populations, such as seniors. 5) Property maintenance, upkeep, and beautification, and landlord/tenant relationships.
Funding
1) Organizations will be funded annually through line-item appropriations in the City Budget.
2) The City Manager will recommend funding of various organizations as they deem appropriate in conjunction with the proposed City Budget.
3) The Council adopts the final determination of the amount (if any) to be appropriated for all organizations in the final City Budget and approves all funding agreements.
4) The Council may delegate authority to execute funding agreements. 5) Community preferences and needs will vary, and past grant awards are no assurance of future awards.
Ineligible Uses
Community service organizations may not use funding from the City for any of the following:
1) Any religious purpose, including for the promotion of any sect, church, creed or sectarian organization, nor to conduct any religious service or ceremony. A grantee shall not spend any portion of the grant to inhibit or promote religion, nor to convey a religious message.
2) Political advocacy efforts whether for or against a political candidate, ballot measure or bill.
3) Programs, projects or events not accessible to the public or that are held outside the City of American Canyon.
4) Purchase of capital equipment or real property.
5) Events where fund-raising is the primary purpose.
6) Costs of receptions and social activities, except when they are incidental and related to program activities; and
7) Deficit or debt reduction efforts.
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Eligibility
Community service organizations must be able to meet all the following requirements to be considered eligible for funding from the City:
1) Mission and Program
a. The organization must demonstrate a successful track-record of providing programs and service in American Canyon or
comparable jurisdictions for at least three years.
b. The organization must provide a proposal and/or scope of services outlining its offerings, its programs or service to American Canyon or its residents, businesses or visitors during the period for which it is seeking grant support.
c. The organization must enter into a funding agreement with the City for the agreed upon programs and services.
d. The organization must operate and offer its programs and services in a non-discriminatory manner and in compliance with all applicable laws, including, without limitation, laws protecting persons with disabilities.
2) Corporate and Governance
a. The organization must be a 501(c)(3) not-for-profit public benefit corporation in good standing at the time of application. b. The organization must have a governing body (eg. Board of Directors, etc.) of at least five persons, a majority of whom must not be employees, the immediate family or spouses/domestic partners of employees of the organization.
c. The organization must have a “governance plan” with goals and objectives that are strategically aligned with the City Strategic Plan.
d. The organization must have an annual budget delineating continuing operating revenues and costs vs. one-time revenue and costs, and include identification of any possessory interests and/or debt obligations.
e. The organization must present to the Council an annual summary of the program and service performed in the past year in conjunction with the funding agreement.
3) Finance and Grant History
a. The organization’s operating revenues and expenditures must be at least $50,000, not including in-kind support, in its three most recently completed fiscal years.
b. The organization’s year-end Financial Reports must be compiled by a third-party accounting firm with no relation to the organization.
c. The organization must be in compliance with the requirements of any current and previous grants it has received through the City. 169
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d. The organization may not receive more than 25% of its annual revenue from the City.
4) Proposal Requirements
Proposals become the exclusive property of the City of American Canyon. All documents received become a matter of public record and shall be regarded as such. Required information includes:
a. General Information – Contact information and pertinent information about the organization and its governance structure. b. Sources of Funds Statement – Clearly identify how the organization is funded.
c. Cover Sheet – Coversheet needs to describe the organization, its expertise in the field and a brief overview of the services proposed to be offered.
d. Narrative – Detailed program/service plan or description of the community need the organization is serving, the manner it plans to address it, and the expected outcomes and impacts it expects to realize.
e. Proposal Signature – The proposal needs to be signed by the person/people permitted to sign by the organization.
f. Previous year’s Financial Report: Audited, reviewed or compiled financial report for most recently completed fiscal year. g. Current Budget and Year to Date Financial Statements h. Future Year Proposed Budget
i. Report of Activities: Include one page for each of the two previous fiscal years. This may be excerpts from the agency’s annual report, not more than one for each year.
j. Brief bios of key leadership, administrative and programmatic staff, including job titles and years with the organization. k. Board Roster, including occupation, city of residence and term of office.
Compliant Vendor Requirements
1) To receive funding, an organization must become a registered, compliant vendor and meet the City’s insurance and business tax requirements. “Compliant vendor” means your organization must meet all of the following:
a. Listed in good standing with the Internal Revenue Service (IRS), which can be verified on the IRS website:
https://apps.irs.gov/app/eos/)
b. Be listed as “Current” status in the California Office of the Attorney General’s Registry of Charitable Trusts
(http://rct.doj.ca.gov/Verification/Web/Search.aspx?facility=Y). c. The legal name of the organization must match the name provided in the California Secretary of State website and the 170
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organization must be listed as “Active” status
(https://businesssearch.sos.ca.gov/).
2) Organizations must have a current Business License. Not-for-profit organizations are normally exempt from paying City tax but must still apply for the license.
3) Organizations must submit an Annual Report and/or present it to City Council. The Annual Report needs to share program/service statistics including metrics, accomplishments, challenges and changes necessary to better meet the needs of residents. Recipients must be current on filing required reports before they can receive grant funding.
4) Organizations must acknowledge the City’s financial support in all appropriate materials and media. The acknowledgement should read, “Supported in part by the City of American Canyon.” If the City is a part of a list of supporters, the acknowledgement may simply state “City of American Canyon.” Organizations must display the City’s logo whenever other sponsor logos are displayed.
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V RULES OF PROCEDURES FOR COUNCIL, BOARDS,
COMMISSIONS AND STANDING COMMITTEE MEETINGS AND
COUNCIL DECISION PROCESS
1. GENERAL PROCEDURE
City Council meetings are joint meetings with the American Canyon Fire District, and are held the first and third Tuesdays of the month, unless otherwise posted. Special Meetings or workshops are also called as needed during the course of the year. The Council, sitting as the ex-officio Board of Directors, will hold a non-joint Fire District Board meeting at 4381 Broadway, every fifth Tuesday (except for the month of July when there is a City Council recess).
The City Council is the legislative body of the City, and as such, prepares for meetings by carefully reviewing all agenda material and clarifying issues with the City Manager prior to the meeting.
A. The City’s business on the City Council Agenda is the focus of the meeting. Matters that are not on the agenda are not acted upon, but may be placed on a later agenda for consideration. City Council will take reasonable measures to limit interruptions. Cellular phones and pagers must be turned off or set on vibrate during a Council meeting.
It is the policy of the Council not to become involved in entanglements over “parliamentary procedure.” Any issue of procedure relating to conduct of a meeting or hearing not otherwise provided for herein may be determined by the Mayor (a.k.a. Chair or Presiding Officer), subject to appeal to the full Council. 1) The mayor will, from time to time, recess the Council as needed.
2) To be eligible for an excused absence the requesting member of a Board, Commission, Standing Committee, or City Council must contact the Mayor, the Chair of the respective Board, Commission, Standing Committee or the City Manager, prior to the meeting informing them of the reason for the absence.
An absence may be granted for illness, unanticipated or planned family matters, and vacations up to two times a calendar year. An excused absence may be granted whenever an individual attends a public meeting in consultation with the Mayor or Chairperson on behalf of the City.
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After the second excused absence, the full Board,
Commission, Standing Committee or City Council must rule on the request.
Upon being granted an excused absence the requesting
member will be compensated in the usual manner provided they have been briefed following the missed meeting by the Chair, the Mayor, City Manager or their designee on the matters discussed during the excused absence.
After the second excused absence, any compensation due the member shall be withheld until the Council acts to consider the absence. Compensation will only be forthcoming if the City Council grants the absence as being an excused absence.
Failure to secure the excuse absence after the second
absence may result in the subject member not being eligible for compensation and being removed from the Board,
Commission, or Standing Committee. In the case of a City Council Member, in addition to withholding compensation for an unexcused absence the member may be sanctioned by the City Council.
These procedures are intended to comply with and are governed by the Ralph M.
Brown Act, Government Code Section 54950 et seq. (The “Brown Act")
2. POLICY DECISION MAKING PROCESSES
Several groups or individuals may be involved in the City Council Policy Decision making process. A request to Council for consideration of new policies or legislation or a review of existing laws or policies is not uncommon. This may be initiated by recommendations or reports from Standing or Ad Hoc Committees, or may involve requests or recommendations from individual citizens, citizen groups, outside public agencies, individual Councilmembers or City staff. State law also frequently dictates the Council Policy Decision making process. The final decision as to whether to proceed with a request to consider new or existing policy or law must be made by the City Council.
A. Standing Committees for the City Council are subject to Open Meeting Laws, frequently referred to as the “Brown Act”. Standing Committees make specific recommendations to the City Council. It is the responsibility of committee members to report directly to the City Council their on-going activity during a regular or special council meeting.
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Scheduling of Council Committee meetings will be coordinated by the City Manager. The City Manager will assign staff support to all Standing Council Committees including public notice presentations.
B. Ad Hoc Committees are formed on an as-needed basis with a clearly-defined purpose and term. Generally, ad hoc committees are responsible for information gathering and reporting their research to the City Council.
Ad Hoc committees are single purpose, and therefore not subject to the Brown Act. Neither Minutes are taken nor are agenda items acted upon. Meetings are held on a regular basis. If further study needs to be done, the committee will continue to serve until such study is completed. Once the committee has completed its work, the Ad Hoc Committee will be automatically disbanded. Ad Hoc Committees will consist of two (2) Council Members recommended by the Mayor with concurrence of the full Council through a motion. The City Manager will assign staff support on an as-needed basis to the ad hoc committee and the City Clerk will be responsible for notifying the Council members of the date and time of any meetings.
1) Advance Administrative Reports – Administrative written reports prepared by Council Ad Hoc committees on major
items are to be forwarded to the City Manager one week in advance, if possible, and will be placed on the City Council agenda.
3. ADVISORY BOARDS AND COMMISSIONS
The City Council shall follow the Maddy Act (Government Code 54970), with regard to seeking candidates for Boards and Commissions.
A. Prior to the Council considering an appointment of a citizen to an advisory committee, the candidate will file a report (provided by the City Clerk) for review by the City Council prior to Council action.
Appointments to Citizen Advisory Boards, Commissions, and Committees will be placed on the Consent Calendar. After Council action on the Consent Calendar, the Mayor may ask the appointee to stand and be recognized and sworn in by the City Clerk or City Attorney.
B. The Advisory Board members shall only serve their respective term of office. Once the term of office has expired, the individual will no longer serve on the Board, unless reappointed by City Council.
4. MEETINGS
1.1 REGULAR MEETINGS
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The City Council of the City of American Canyon holds regular meetings in the place specified in the Municipal Code, currently on the first and third Tuesdays of each month, and meet as the Fire District Board of Directors on the fifth Tuesdays of the Month when there is a fifth Tuesday.
Closed Sessions begin at 5:30 p.m. unless otherwise posted, and the Regular Joint Meeting Open Session begins at 6:30 p.m. When the day for a regular meeting of the Council falls on a legal holiday, the Council, at the preceding meeting, shall determine the time and date of any rescheduled meeting The City Council may consider a meeting Calendar for the Year in January of each year.
Standard Adjournment – The Council establishes 10:00 PM as the hour of adjournment and will not continue beyond 10:00 PM without a majority vote of the Council. To assist in making the determination to continue an item under consideration, the Council should find that discussion, deliberation, and action on the item can be concluded by 12:00 Midnight.
1.2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place, and date certain.
Once adjourned, the meeting may not be reconvened.
1.3 SPECIAL MEETINGS
Special Meetings may be called, in consultation with the City Attorney, by the Mayor or majority of Councilmembers on 24-hour notice, as set forth in the Government Code of the State of California in Section 54956. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted.
1.4 NOTICE OF MEETINGS
Notice of regular meetings is not required unless special notice has been requested. Mailed or personally delivered notice to Council members, members of the media, and others who have previously requested such notice, is required for special meetings. Mailed and posted notice is required for meetings adjourned by the City Clerk for more than 24 hours. Posted notice is required for all other adjourned meetings (Section 54955 Government Code).
1.5 QUORUM
Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only three (3) attend. The following matters, however, require three affirmative votes: a) adoption of ordinances, b) resolutions granting franchises, and c) orders for payment of money. 175
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1.5.1 Legally Required Participation (“Rule of Necessity”): If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random
selection, or by such other impartial and equitable means as the Council shall determine, that number of its disqualified members which, when added to the members eligible to
vote, shall constitute a quorum. Those members may vote but not discuss.
1.6 MEETINGS TO BE PUBLIC
All regular, adjourned or special meetings of the City Council shall be open to the public; provided, however, the Council may hold closed sessions from which the public may be excluded for the consideration of the following subjects.
1.6.1 Personnel Matters: To consider appointment, employment, or dismissal of a public employee or to hear complaints or charges brought against such person or employee unless
such employee requests a public hearing. The Council may exclude from any such closed session during the
examination of a witness any or all other witnesses in the matter being investigated.
1.6.2 Attorney-Client Matters: To consider potential or pending litigation in which the City is or could be a party.
1.6.3 Real Property Negotiations: To discuss the terms and conditions in which real property may be acquired. At the conclusion of these negotiations, the actual purchase
agreement or contract must be approved in open session.
1.6.4 Labor Negotiations: To discuss the terms and conditions in which to meet the City’s obligations of meeting and
conferring in good faith with represented employees
regarding wages, benefits and working conditions.
Generally, this is conducted through staff or outside counsel.
1.6.5 Other: As otherwise permitted by law.
Matters discussed in closed session shall not be discussed outside of closed session by the Council. Council members who violate this matter are subject to sanctions by the City Council. Sanctions may include, but are not limited to, removal of the Council member from other Boards and Commissions where the member represents the City.
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1.7 USE OF ELECTRONIC COMMUNICATION DEVICES AT PUBLIC
MEETINGS
Members of the City Council have the legal duty to ensure that their communications do not violate the Brown Act and this obligation extends to the use of electronic communication devices as well as face-to-face communications. It is also imperative that all hearings and deliberations occur in a manner that ensures the public that the council members are fully engaged and deliberating on policy matters with complete transparency.
Therefore, members of the City Council should avoid receiving electronic communications concerning any matter before the City Council or during council meetings from another City Official participating in the same meeting. Each council member should only receive or send messages to family members or caregivers when absolutely necessary for the care of a family member; and receive or send messages to address urgent business matters of the council member, that do not involve city business.
1.8 COUNCIL ATTENDANCE BY TELECONFERENCE OR INTERNET
At times Council members may need to attend a meeting remotely either by telephone or internet (i.e. Skype). The posting rules for remote attendance are the same as for a normal agenda. It should be posted 72 hours at the place where the Council Member will be calling from. This may require assistance from hotel staff. It can also be posted as a special meeting notice using the 24 hour timeframe (this is recommended only for emergencies). In these cases the Council Member can usually post it themselves.
The agenda has to contain verbiage explaining that a Council Member will be attending either by teleconference or via skype (etc.) for the meeting.
The verbiage should include the Council Member’s name, the address and name of the place they are calling from (must be specific to include room numbers, suites, etc), and their telephone number.
The call has to be taken in a place accessible to the public and ADA compliant with the agenda posted in that area. The public must be given an opportunity to address the legislative body directly at any teleconference location and all votes during the meeting must be taken by roll call.
The connection must be sufficient that both sides of the proceedings can be clearly heard and understood. Because interruptions are distracting, if the connection is dropped more than one time, the offsite council member will not be reconnected, and will be marked absent from that point in the meeting.
5. ORDER OF BUSINESS 1
2.1 AGENDA
1 Amended April 17, 2018
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2.1.1 Order of Items: The Order of each Joint meeting of the American Canyon Fire District and the American Canyon
City Council shall be as contained in the Agenda prepared by the City Clerk. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following format.
CLOSED SESSION - SPECIAL MEETING (as needed)
PUBLIC ADDRESS – CLOSED SESSION ITEMS
The Mayor will call the meeting to order and conduct the roll call. Council will immediately convene into closed session after hearing any public comment on Closed Session. At 6:30 p.m. the Council will reconvene into Open Session and then resume Closed Session at the end of the meeting to address outstanding items, if necessary.
This time has been set aside for the City Council to meet in a closed session to discuss matters pursuant to Government Code Sections 54956 and 54957. The City Attorney will give an oral report regarding any action taken during the closed session at the beginning of the open session.
American Canyon Fire Protection District Closed Session (as needed)
City of American Canyon Closed Session (as needed)
6:30 P.M. OPEN SESSION - REGULAR MEETING
PLEDGE OF ALLEGIANCE
ROLL CALL - City Council & Fire Protection District Board
REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION
CITY CLERKS ANNOUNCEMENT PURSUANT TO GOVT CODE
54952.3
When the City Council sits jointly, or serially as more than one board it is required that the amount of compensation received for each board be disclosed at the meeting. Tonight the City Council is sitting jointly as the Council and the American Canyon Fire Protection District Board. Also, if there is a matter of consideration dealing with water outside the City limits but within the Water District Service Area, the Council will function as the former American Canyon County Water District. For sitting as the Council, a stipend of $315 monthly is received; for the Fire District Board and as the Water Board, $126 per meeting.
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PROCLAMATIONS AND PRESENTATIONS
PUBLIC COMMENT
This time is reserved for members of the audience to address the City Council/Fire Protection District Board on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council/ Fire Protection District Board. It is recommended that speakers limit their comments to 3 minutes each and it is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council/ Fire Protection District Board on items on the Agenda should complete a speaker card and deliver to the City Clerk prior to the start of the meeting, or notify the Mayor/Chairman when that Agenda item is called. The Council/ Fire Protection District Board is prohibited by law from taking any action on matters discussed that are not on the Agenda, and no adverse conclusions should be drawn if the Council/ Fire Protection District Board does not respond to public comment at this time. Speakers are asked to please use the microphone, and provide their name. Prior to addressing the Council/ Fire Protection District Board, any handouts are to be provided to City Clerk who will distribute to Council/ Fire Protection District Board and appropriate staff.
MATTERS RELATING TO THE AMERICAN CANYON FIRE
PROTECTION DISTRICT BOARD (as needed)
CONSENT CALENDAR - ACFPD
BUSINESS - ACFPD
MATTERS RELATING TO THE AMERICAN CANYON CITY
COUNCIL
AGENDA CHANGES
The Mayor/ Council may change the order of the Agenda or request discussion of a Consent Item. A member of the Public may request discussion of a Consent Item by completing a Speaker’s Card and presenting it to the City Clerk prior to Public Comment.
CONSENT CALENDAR
PUBLIC HEARINGS
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BUSINESS
MANAGEMENT AND STAFF ORAL REPORTS
MAYOR/COUNCIL COMMENTS, COMMITTEE REPORTS, AND
FUTURE AGENDA REQUESTS
The Mayor and Council may comment on matters of public concern and announce matters of public interest; no collective council action will be taken.
1. COUNCIL REPORTS AND COMMENTS
2. FUTURE AGENDA ITEMS
Council members may suggest potential future agenda items at this time. A straw vote will be taken of Council members present, requiring a majority vote to move the item forward for further consideration.
ADJOURNMENT
CERTIFICATION
I, ______________, City Clerk for the City of American Canyon, do hereby declare that the foregoing Agenda of the City Council/Fire District Board was posted in compliance with the Brown Act prior to the meeting date.
______________(Signature)________________________
____________________, City Clerk
Items denoted with ACDPD are American Canyon Fire Protection District Board items and will be acted upon by the Fire Protection District Board. Agendas for all City Council/Fire Protection District Board meetings are posted at least 72 hours prior to the meeting at City Hall, 4381 Broadway. The City of American Canyon complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled.
Requests for accommodations may be made by calling (707) 647-4369 (voice) or 711 for the California Relay Service or e-mailing the City Clerk at _________________________no less than 72 hours in advance of the event. Copies of documents distributed at the meeting are available in alternative formats upon request. Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Counter at City Hall located at 4381 Broadway, American Canyon, CA during normal business hours. In addition, most documents will be posted on the City’s website at www.cityofamericancanyon.org.
2.1.2 The Mayor may modify the order of the Agenda, in order to expedite the business of the City or to accommodate
members of the audience.
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2.1.3 No matters other than those on the agenda shall be finally acted upon by the Council. However, the Council may take action on items of business which do not appear on the
posted agenda under any of the following conditions or
circumstances:
1) Upon a determination by a majority vote of the
Council that an emergency situation exists, as
defined in Section 54956.5 of the California
Government Code;
2) Upon a determination by a two-thirds vote of the
Council or, if less than two-thirds of the members
present, a unanimous vote of those members
present, that there is a need to take immediate
action that cannot be postponed until another
regular or special meeting and the need to take
action arose subsequent to the agenda having
been posted,
3) The item was posted for a prior meeting of the
Council occurring not more than five calendar
days prior to the date action is taken on the item,
and at the prior meeting the item was continued
to the meeting at which action is proposed to be
taken.
2.2 DELIVERY OF AGENDA
The Agenda for each regular meeting of the Council, and reports and other documentation related thereto, will be delivered electronically to the Members of the Council by the City Clerk no later than the 5:00 p.m. on Thursday preceding the Tuesday meeting to which it pertains. The Agenda is provided in an electronic format. In respect to every regular meeting, the Agenda shall conform to Section 54954.2 of the California Government Code and shall be posted at least 72 hours prior to the time scheduled for the meeting. Agendas shall be posted on the bulletin board outside the administrative offices of the City and at such other places within the City as the Council has designated for posting notices of Council meetings.
Once the agenda or any other non-privileged document is distributed to the City Council, all such documents shall be made available to the public. The Agenda and Minutes will be available in electronic format on the City’s Website.
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2.3 ROLL CALL
Before proceeding with the business of the Council, the City Clerk shall call the roll of the Councilmembers and the names of those present shall be entered in the minutes.
2.4 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 clerk has previously furnished each Councilmember with a copy.
2.5 PUBLIC HEARINGS
Public hearings will follow the noticing requirements as stipulated by the Government Code or applicable law. When no such law exists, the City Clerk will post notices in three public places, including the City’s Website.
2.5.1 Public hearings to adopt an Ordinance or as otherwise required by law, shall be conducted in the following order:
1) Staff review
2) Questions of Staff by Council
3) Hearing opened by Mayor
4) Testimony from the Applicant (if appropriate)
5) Testimony from the Public
6) If desired, hearing closed
7) Discussion by Council
8) Action by Council by roll call vote
2.5.2 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 the hearing limit testimony, but in no event to less than three minutes per individual. One two minute exception may be granted to an individual by the Mayor. An individual’s Public Comment may be cut off by the Mayor or any member of Council at the end of five minutes unless, by a vote of the Council, it is extended.
Based on the circumstances of the meeting, the Mayor may also impose a reasonable limit on the total amount of time allowed for a public hearing.
2.5.3 Quasi-judicial hearings (such as when the Council is considering an appeal of a land use decision by the Planning Commission) shall be conducted in accordance with the
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principles of due process, and the City Attorney shall advise the City Council in this regard.
2.5.4 At any public hearing before the City Council, testimony of witnesses under oath may be requested by the Council.
2.6 PUBLIC COMMENTS
Any person may address the Council on any subject pertaining to City business, and which is not listed on the Agenda, during the Public Comments portion of the meeting. Based upon the extent of the Council’s Agenda and the size of the audience, the Mayor may limit the length of the Public Comment section, including a limit on the length of time for each person addressing the Council. Generally, however, each person will be allowed up to three (3) minutes of time to address the Council. One two minute extension may be granted to an individual by the Mayor. An Individual’s public comments may be cut off by any member of Council at the completion of the two minute extension. On a vote of the majority of the Mayor and City Council, a further extension may be granted.
2.6.1. Length of Council Comments – Council Members will govern themselves as to the length of their comments or
presentation. The Council has delegated to the Mayor the responsibility to assist Council Members by signaling when the Council Member has been speaking for over five (5)
minutes, before gaining the floor a second time.
2.6.2. Council Presentations – Council Member presentations are limited to the item or issue being deliberated. To ensure that the appropriate equipment is available, Council Members must provide the City Clerk and the City Manager advance notice of the intent to make a presentation.
2.7 CONSENT AGENDA
2.7.1 Items of a routine or non-controversial nature shall be placed on the Consent Agenda. Criteria for inclusion on the Consent Agenda include, but are not limited to, the following:
1) Monthly Treasurer's Report, or other informational
reports;
2) Actions that have been approved in concept by Council at a prior meeting, and are included for ratification
purposes only, or actions consistent with established
Council policy and direction;
3) Award of contracts and agreements, provided the item has been included in the approved annual or amended
budget; or
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4) Contracts, agreements or other actions that have no
negative fiscal impact, either because of offsetting
revenues or sufficient cost savings from existing
appropriations within the same Department.
2.7.2 All items may be approved by one blanket motion upon unanimous consent. Any Councilmember may request that
any item be withdrawn from the consent agenda for separate consideration, during the Confirmation of the Agenda portion of the meeting. However, any Councilmember may abstain
from voting on, or vote against, any consent agenda item without requesting its removal from the consent agenda, and the City Clerk shall be instructed to record such abstentions or negative votes in the minutes.
2.7.3 A brief description of the item and/or the action to be taken shall be included in any Consent Agenda item, in order to provide the Public with a better understanding of the issue and the basis for including it on the Consent Agenda.
2.7.4 Any member of the public may request an item be removed from the Consent Agenda for discussion. Such a request
shall be made by completing a Speaker’s Card and giving it to the City Clerk before the meeting.
2.8 CITY BUSINESS AGENDA
Business items will be introduced and summarized by the City Manager at the City Manager’s discretion. The appropriate Departmental representative will be available to answer questions that may be asked by Councilmembers or the public.
2.9 PRESENTATION BY MEMBERS OF THE COUNCIL
The Mayor or any Councilmember may bring before the Council any new business under the Councilmember Comments portion of the agenda for the purpose of agendizing to a future City Council meeting. Formal action on such matters shall be deferred until a subsequent Council meeting unless the legal criteria for adding the item to the agenda are met (see 2.1.3).
3.0 RULES, DECORUM AND ORDER
3.1 PRESIDING OFFICER
The Mayor shall be the Presiding Officer at all meetings of Council. In the absence of the Mayor, the Vice-Mayor shall preside. In the absence of both the Mayor and the Vice-Mayor, the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or the Vice-Mayor, or until adjournment.
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3.2 SELECTION OF MAYOR AND VICE-MAYOR
3.2.1 Mayor Selection
The Mayor is elected to a term of four years, and is elected at large by the voters of American Canyon. The candidate receiving the highest number of votes cast for all candidates for the office at the election is elected. The Mayor continues in office until no later than the fourth Tuesday after the date of the general municipal election, and until his/her successor is elected and qualified. (See Ord. 2006-12 § 1 (part), 2006)
3.2.2 The Mayor is the Presiding Officer of all City Council and Fire District meetings.
3.2.3 Vice Mayor Selection
The City Council will annually nominate and select a member to serve as Vice Mayor for a one year term. Any member of the City Council may nominate a member; the Vice Mayor
will be selected by a majority vote of the City Council.
The selection of Vice Mayor occurs at the first regular meeting of the City Council after the new City Council
members have been sworn-in and have taken their seats, or at the first meeting in January in each year that a general municipal election is not held. (See Resolution 2008-46)
3.3 CALL TO ORDER
The meeting of the Council shall be called to order by the Mayor, or in his absence, by the Vice-Mayor. In the absence of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer or may adjourn a Joint American Canyon Fire District Board and American Canyon City Council meeting to a future time.
3.4 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 Councilmembers, and he/she shall not be deprived of any of the rights and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he/she desires to personally engage in extended debate on questions before the 185
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Council, he/she should consider turning the Chair over to the ViceMayor or another Councilmember.
3.5 QUESTIONS TO BE STATED
The Presiding Officer shall verbally restate each question immediately prior to calling 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.
3.6 SIGNING OF DOCUMENTS
The Mayor, or, in the absence of the Mayor, the Vice-Mayor, shall sign ordinances and resolutions adopted by the City Council. The City Clerk, or the Deputy City Clerk, shall attest to the signature of the Mayor or Vice-Mayor.
3.7 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 by the Mayor or Presiding Officer. All questions and remarks shall be addressed to the Mayor or Presiding Officer.
4.0 RULES, DECORUM, AND ORDER
4.1 POINTS OF ORDER
The Presiding Officer shall determine all Points of Order subject to the right of any 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.
4.2 DECORUM AND ORDER: COUNCILMEMBERS
4.2.1 Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine him/herself to the question under debate.
4.2.2 A Councilmember desiring to question the staff shall address his/her question to the City Attorney or City Manager, as appropriate. If to the City Manager, he/she will either answer the inquiry him/herself or designate some member of his/her staff for that purpose.
4.2.3 A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding
Officer; unless a Point of Order is raised by another
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Councilmember; or unless the speaker chooses to yield to questions from another Councilmember.
4.2.4 Any Councilmember called to order while he/she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he/she shall be permitted to proceed. If ruled to be not in order, he/she shall remain silent or shall alter his/her remarks so as to comply with rules of the Council.
4.2.5 Councilmembers 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.
4.2.6 Any Councilmember may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/her to so act.
4.2.7 Councilmembers are strongly encouraged to contact the City Manager or appropriate Department Head to make inquiries regarding any matter on the Council Agenda, prior to the actual meeting. This is intended to facilitate the City’s business while ensuring each Councilmember is fully
informed on the matters at hand. Councilmembers may wish to make the same inquiry during the public meeting, but should note that the matter had already been discussed and the purpose is to better inform the public.
4.3 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 ensure 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 Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual Councilmember or member of the public.
4.4 DECORUM AND ORDER: PUBLIC
Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meetings shall be removed from the room if the sergeant-ofarms is so directed by the Presiding Officer, and such person may be 187
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barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant-of-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on an appropriate complaint signed by the Presiding Officer.
However, nothing in this section shall prohibit any person who has been recognized by the Presiding Officer from engaging in public criticism of the policies, procedures, programs or services of the City, or of the acts or omissions of the City Council, in an appropriate manner.
4.5 ENFORCEMENT OF DECORUM – COUNCIL MEETINGS
4.5.1 The head of the City's police agency or his/her designee shall be ex-officio sergeant-of-arms of the Council. He/she shall carry out all orders and instructions given him/her by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant-ofarms or his/her representative to eject any person from the Council Chambers or place him/her under arrest or both.
4.5.2 As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the 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 representatives of the press or other news media, except those participating in the
disturbance, shall be allowed to attend any session held pursuant to this section.
4.5.3 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.
4.6 PERSONAL PRIVILEGE
The right of a member of the public 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. 188
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4.7 CONFLICT OF INTEREST
All Council members are subject to the provisions of California Law, including, but not limited to Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest the City’s Code of Ethics contained these Council Protocols, and to conflicts of interest codes adopted by the Council. Any Councilmember prevented from voting because of a conflict of interest shall refrain from debate and voting. Councilmembers that have declared such a conflict of interest shall physically remove themselves from the meeting room, and avoid any actions that would influence the outcome of the vote.
4.8 DISSENTS, PROTESTS, AND COMMENTS
Any Councilmember shall have the right to express dissent from, or protest to, or comment upon, any action of the Council and have 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 PROCEDURES IN ABSENCE OF RULES
In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide.
4.10 RULINGS OF CHAIR/PRESIDING OFFICER FINAL UNLESS
OVERRULED
In presiding over Council meetings, the Mayor, Vice-Mayor, or temporary Presiding Officer shall decide all questions or interpretations 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 a majority vote of the Councilmembers present and voting, and shall be binding and legally effective even if clearly erroneous) for purposes of the matter under consideration.
4.11 ACTION NOT INVALIDATED
Failure to strictly comply with these Rules of Procedure shall not necessarily invalidate any action taken by the City Council.
5.0 ADDRESSING THE COUNCIL
5.1 MANNER OF ADDRESSING THE COUNCIL
5.1.1 To the extent practical, any member of the public desiring to address the Council shall complete and turn into the City Clerk, a Speaker’s Card, the form of which shall be
maintained by the City Clerk. Once recognized by the
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and state his/her name and residence for the record, before addressing the Council.
5.1.2 All remarks and questions shall be addressed to the Chair and not to any individual Councilmember, 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.
5.2 TIME LIMITATION
5.2.1 Any member of the public desiring to address the Council shall limit his/her address to no more than three (3) minutes, unless further time has been granted by the Presiding Officer in the individual case, or in accordance with Section 2.6.
5.2.2 Persons presenting an appeal, such as from the denial of a permit, or who have a hearing agendized before the Council, shall be given a reasonable amount of time to make their presentations.
5.3 ADDRESSING THE COUNCIL AFTER THE 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 the Presiding Officer.
5.4 LIMITATIONS REGARDING ADDRESSING THE COUNCIL
The making of oral communications to the Council by any member of the public during the Public Comments" portions of the agenda shall be subject to the following limitations:
5.4.1 At any time, before or after the oral communication is commenced, the Presiding Officer may, if he/she deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Councilmembers, pursuant to Section 5.5.
5.4.2 Those matters that are set to be deliberated by a City Commission, Board or other agency, should be deferred until the advisory body has completed its deliberations and has taken its final action.
5.4.3 The Presiding Officer may limit the number of speakers heard on non-agenda topics at any single meeting. Those whose presentations are postponed shall be given priority at the next meeting during the “Public Comments" portions of the agenda.
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5.4.4 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 or persons who have designated a spokesperson.
5.4.5 Except as otherwise permitted, no oral communication, except as allowed under applicable law, shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him/her. All charges or complaints against
employees shall be submitted to the City Manager for
appropriate action. Charges or complaints against the City Manager shall be submitted to the full Council for appropriate action.
5.5 WRITTEN CORRESPONDENCE
5.5.1 The City Clerk 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 sent to each Councilmember marked “Information Only."
5.5.2 Any communication relating to a matter pending, 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.
5.5.3 Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code, or other ordinances.
5.5.4 Copies of all other communications sent to the Council will be transmitted to them.
6.0 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 the person seconding it.
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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.
6.3 DIVISION OF QUESTION
If the question contains two or more dividable propositions, the Presiding Officer may, and upon request of a member shall, divide the 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:
6.4.1 Adjournment
6.4.2 Fix hour of adjournment
6.4.3 Table
6.4.4 Limit or terminate discussion
6.4.5 Amend
6.4.6 Continue
6.5 MOTION TO ADJOURN (not debatable)
6.5.1 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 the
motion is pending; and
d) while a vote is being taken.
6.5.2 A motion to adjourn to another time" shall be debatable only as to the time to which the meeting is adjourned.
6.6 MOTION TO FIX HOUR OF ADJOURNMENT
Such a motion shall be to set a definite time 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" at any time prior to the end of the next regular meeting; if not heard at that time, the item is no longer before the City Council.
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6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION
Such a motion shall be used to limit or close debate on, or further amendments to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.
6.9 MOTION TO AMEND
A motion 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, and then the main motion amended.
6.10 MOTION TO CONTINUE
Motions to continue to a definite time shall be amendable and debatable as to priority of postponement and time set.
7.0 VOTING PROCEDURE
7.1 VOTING PROCEDURE – DEFINED
In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Councilmember present can be clearly ascertained. The vote on each motion shall then be entered in full upon the record. The order of voting shall be in random order The City Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond aye, "no," or abstain," provided that when a vote is collectively taken by voice or when a method of voting other than voice or roll call is used, any Councilmember not audibly and clearly responding “no" or “abstain" or otherwise registering an objection shall have his vote recorded as aye."
7.2 ROLL CALL VOTING
Every ordinance and any resolution or orders for franchises or payments of money require three affirmative votes. A roll call vote shall be used for these changes. Any other 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 roll call. Any Member may change his vote before the next order of business.
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7.3 FAILURE TO VOTE
Every Councilmember must vote unless disqualified for cause. A Councilmember who abstains shall have his/her vote recorded in the minutes as an abstention.
7.4 RECONSIDERATION
Any Councilmember who voted with the majority may move a reconsideration of any action at the same or next meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of Council.
7.5 TIE VOTES
Tie votes shall be lost motions. When all Councilmembers 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.
8.0 RESOLUTIONS
8.1 DEFINITIONS
8.1.1 Generally, Legislative acts of the City Council are taken by ordinance or resolution, whereas more routine business and administrative matters usually more temporary and transitory in nature) are accomplished by motion. Three terms are in
general use to denote such non-ordinance actions:
“resolution”, "minute order," and “motion" (thereafter recorded by minute entry). Technically, all three are equally as legally effective and binding; they just vary in formality of respective memorialization.
8.1.2 The most formal of non-ordinance actions is referred to locally as a “resolution”. This, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in a sequence and preserved in a separate set of books. Such “resolutions" are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another
governmental agency, or where the frequency of future
reference back to its contents warrants a separate document with the additional “whereas" explanatory material it often recites to facilitate such future reference and research. 194
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8.1.3 A “minute order” or “minute action” as used locally denotes a separate document which is also maintained in a separate set of books, under a system of sequential numbering, and is referenced in the minutes; however, the “minute order” is drafted far more briefly than a “resolution” and is distinguished from a mere minute entry only by the need, in general, to have a separate document to facilitate certain administrative processes to which it pertains.
8.1.4 A “motion” (assuming it was one which passed), is a Council action which is recorded by an item entry in the minutes of the meeting at which it was accomplished, and no separate
document is made to memorialize it.
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 City Attorney to prepare a resolution for presentation at the next Council meeting.
8.4 URGENCY RESOLUTIONS
8.4.1 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.
8.4.2 Urgency resolutions shall be avoided except when absolutely necessary; and shall be avoided entirely when resolutions are required by law, in 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.
9.0 ORDINANCES
9.1 INTRODUCTION AND ADOPTION OF ORDINANCES
9.1.1 Ordinances shall not be adopted within five (5) days of their introduction, and may only be adopted at a Regular Meeting or an adjourned regular meeting. However, an urgency
ordinance may be adopted immediately upon introduction
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and either at a regular or special meeting. All ordinances shall be read in full either at the time of introduction or adoption, except when further reading is waived by regular motion adopted unanimously by all Councilmembers present.
9.1.2 When ordinances, other than urgency ordinances, are altered after introduction, they shall be adopted only at a regular or at an adjourned regular meeting held at least five (5) days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this Section.
9.1.3 Urgency ordinances shall only be enacted when necessary to protect the public health, safety or welfare, or as otherwise permitted by State law.
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 post or publish all ordinances in accordance with Section 36933 of the Government Code within fifteen (15) days after adoption.
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 a 4/5 majority, it may thereafter be considered and passed in the same manner as regular ordinances.
10.0 STUDY SESSIONS
10. 1 SCHEDULE OF STUDY SESSIONS
10.1.1 Councilmembers able to attend scheduled study sessions will meet at the place specified in Chapter 2.04 of the City of American Canyon Municipal Code for the purpose of
reviewing the agenda for a Council meeting, and meeting and conferring with commissions, civic organizations, and City officials relative to pending City business.
10.1.2 The time for study sessions as specified above may be altered by the Council or by the Mayor on individual
occasions when appropriate to the convenience of the
Councilmembers, provided that when this occurs, written notice of the change shall be delivered personally or by mail 196
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to each local newspaper of general circulation, radio or television station at least 24 hours before the study session to be held at the changed time. Each Councilmember shall be notified of the changed time personally or by whatever means the Mayor or City Manager deem appropriate. A
notice of the postponement of the meeting shall be posted at the door of the place where the study session was to be held and in all locations designated for the posting of Council agendas, and shall state the new date, time and place at which the study session will be held.
10.2 OPEN TO THE PUBLIC
City Council Meetings, Retreats, Workshops, Study Sessions and Standing Committee Meetings shall at all times be open to the public and the news media. The City Clerk will be responsible for advising the news media of the meeting.
10.3 PURPOSE
10.3.1 Study sessions are not intended to constitute a meeting of the City Council and they shall be carried on regardless of the number of Councilmembers in attendance.
10.3.2 At said study sessions, no formal action shall be taken, and no motions shall be offered. The sole purpose of said
meetings is to provide background information to members of the Council for their review.
10.3.3 If an item is presented at a study session by a
Councilmember for the purpose of placing it on the agenda of a regular Council meeting, if the majority of the
Councilmembers concur, the item will then be placed on the agenda of a regular Council meeting at least one week later.
10.4 AGENDA
The City Manager shall be responsible for preparing an agenda of items for discussion at each study session.
11.0 MEETING MINUTES
11.1 The City Clerk or the City Clerk’s designee is responsible for taking and preparing the minutes of City Council meetings.
11.2 Barring insurmountable difficulties, the minutes of any Council meeting will be included for approval at the next regular meeting of the Council.
11.3 The minutes of any Council meeting shall be in a “Modified Action Minutes” format. That is, the specific items that were 197
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approved, including the formal motions and votes taken to accomplish that approval, shall be recorded. In addition, members of the public that comment on an item will be noted (but not necessarily a summary of those remarks). A brief discussion of any major issues or points of debate may be included. In the event that any Councilmember requests that their remarks be included in the minutes, such a request will be honored. The Presiding Officer may also request that any other relevant matter be included in the minutes, and will so direct the City Clerk during the meeting.
12.0 COUNCIL COMMITTEES
12.1 PURPOSE
The Council may establish ad hoc or standing committees consisting of two or more members of the Council. The purpose of such committees is to facilitate the City’s business and to allow for more indepth awareness or assessment of City services.
12.2 RESERVED
12.3 RESERVED
12.4 COUNCIL ADVISORY COMMITTEES - RESERVED
13.0 COUNCIL PAY AND COMPENSATION
13.1 PAY
13.1.1 Each Councilmember shall receive a salary as stipulated by law. Payment shall not be prorated, meaning that each
Councilmember shall receive full payment if they serve any time during the month. Councilmembers will also receive a salary for each meeting of the American Canyon Fire
Protection District (“Fire District”) that they are present.
Councilmembers will be paid for no more than four meetings per month.
13.1.3 Council members will be paid for each meeting they are present and in which they function as the former American Canyon County Water District (“Water District”).
Councilmembers will be paid for no more than four meetings per month. Councilmembers function as the former Water
District when they consider “Will Serve” letters for parcels outside the City; when they are considering matters relating to the overall water supply or master planning efforts for the entire Water District Service Area; or when they are
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transmission lines outside City limits but within the Water District Service Area
13.1.4 Payment will be twenty-six (26) times per year for Councilmember salary. Payment for Fire District or Water District meetings will be made in the pay period in which the meeting occurred.
13.2 BENEFITS
13.2.1 Councilmembers will be covered under the City’s PERS retirement program, which includes medical coverage.
Consistent with that coverage, if a Councilmember is vested in the City’s retirement program, they will be eligible for retiree medical insurance benefits. Councilmembers are also eligible for the same Dental and Vision Care coverage and benefits as the Management Team, so long as they are
serving on the Council. They are also eligible for
participation in the City’s Section 457 Deferred
Compensation program and the City’s Computer Equipment
Loan program.
13.2.2 There will be no monetary compensation “in lieu of” to a Councilmember if he/she declines one or all of the benefits listed above.
14.0 EXPENSES AND USE OF PUBLIC RESOURCES POLICY
STATEMENT
14. 2 AUTHORIZED EXPENSES
The City funds, equipment (e.g. cell phone, laptop personal computer, small file storage, etc.), supplies (including letterhead), and staff time must only be used for authorized City of American Canyon activities. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
1. Communicating with representatives of regional, state and national government on proposed or adopted City policy
positions;
2. Attending educational seminars designed to improve officials’ skill and information levels;
3. Participating in local regional, state and national organizations whose activities affect the City of American Canyon’s interests; 199
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4. Recognizing service to the City of American Canyon (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost);
5. Attending City of American Canyon events;
6. Implementing a City of American Canyon-approved strategy for attracting or retaining businesses to the City of American Canyon, which will typically involve at least one staff member; and
All other expenditures require prior approval by the City of American Canyon governing body.
The following expenses incurred by the governing body, also require prior governing body approval: 2
1. International travel;
2. Expenses that are expected to exceed $1,500 per trip.
City employees (non-elected) shall comply with the City’s approved Human Resources Policies and Practices (Section 9.6) Examples of personal expenses that the City of American Canyon will not reimburse include, but are not limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner’s expenses when
accompanying official on agency-related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either inroom or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events;
5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and
6. Personal losses incurred while on City of American Canyon business. Any questions regarding the propriety of a particular 2 This is consistent with the California League of Cities, Institute of Government Guidelines regarding compliance with AB1234, commonly known as Ethics Training Law.
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type of expense should be resolved by the approving authority before the expense is incurred.
14.3 COST CONTROL
To conserve City of American Canyon resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City of American Canyon will be limited to the costs that fall within the guidelines.
14.3.1 Transportation –Generally, the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements should be used, using the most direct and time-efficient route. Charges for rental vehicles may be reimbursed under this provision if more than one City of American Canyon official is attending an out of town conference, and it is determined that sharing a rental vehicle is more economical than other forms of
transportation; or, if the area visited is a suburban or rural area and no other reasonable modes of transportation are available due to required travel distances. In making such determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation. Government and group rates must be used when available.
14.3.2 Airfare - Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program
offered through the League of California Cities
(www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy.
14.3.3 Automobile – Either an automobile allowance as outlined in the Unrepresented Compensation Resolution or automobile mileage is reimbursed at Internal Revenue Service rates presently in effect. (see www.irs.gov). . These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable. The Internal Revenue Service rates will not be paid for rental vehicles; only receipted fuel expenses will be reimbursed.
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14.3.4 Car Rental - Rental rates that are equal or less than those available through the State of California’s website
(http://www.catravelsmart.com/default.htm) shall be
considered the most economical and reasonable for
purposes of reimbursement under this policy.
14.3.5 Taxis/Shuttles - Taxis or shuttles fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
14.3.6 Lodging - Lodging expenses will be reimbursed or paid for when travel on official City of American Canyon business reasonably requires an overnight stay.
14.3.7 Conferences/Meetings - If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.
14.3.8 Other Lodging - Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at
http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less to government rates are
presumed to be reasonable and hence reimbursable for
purposes of this policy.
In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are
presumed reasonable and hence reimbursable (see
Publication 1542 at http://www.irs.gov/ or www.gsa.gov).
14.3.9 Meals - Meal expenses and associated gratuities will be reimbursed at the actual cost but not to exceed the allowable amounts as approved by the City Council/Fire District Board (always obtain updated reimbursement form for current per meal amounts). City/District credit cards shall not be used for any meals that exceed the approved meal rates.
Employees must submit receipts for all meals to be
reimbursed.
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In the event that the conference registration includes meals or travel includes partial days (travel ending before 1 p.m.), there will be no meal reimbursement.
14.3.10 Telephone/Fax/Cellular/Computer
Option #1. Officials may receive a City-issued cell phone or Personal Digital Assistant (PDA), and/or laptop computer in accordance with City equipment standards and
specifications. Use of these devices by Officials is held to the same standards and guidelines that apply to employees which are outlined in the City’s Human Resources Policies and Practices Manual (HR Manual), Section 9.7.
Option #2. Officials who elect to use their own phones/PDAs will be reimbursed for City usage at an amount that is equal to what the City would pay for the same service provided to Officials who are issued equipment. For instance, if the City pays $50 per month for the service for a Blackberry PDA and an Official opts to use his/her own PDA for City business, the City will reimburse that Official $50 per month. This amount will be evaluated each July and will be adjusted as rates that the City pays for the Officials who are issued City equipment increases or decreases. Any expenses above and beyond
this flat rate may be reimbursed by submitting the proper proof and accounting of expenses to the Finance Director.
14.3.11 Internet
Option #1. An Official may elect to be issued a City computer with an internet connection to be used for official business only and per Section 9.7 of the City’s Human Resources
Policies and Practices Manual.
Option #2. Officials who elect to use their own computer and internet service will be reimbursed for City usage at an amount that is equal to what the City pays for the same service provided to Officials who are issued equipment. For instance, if the City pays $50 per month for internet service and an Official opts to use his/her own internet service for City business, the City will reimburse that Official $50 per month. This amount will be evaluated each July and will be adjusted as rates that the City pays for the Officials who are issued City equipment increases or decreases. Any
expenses above and beyond this flat rate may be reimbursed by submitting the proper proof and accounting of expenses to the Finance Director.
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14.3.12 Airport Parking - Long-term parking must be used for travel exceeding 24-hours.
14.3.13 Other - Baggage handling fees of up to $1 per bag and gratuities of up to 15 percent will be reimbursed. Expenses for which City of American Canyon officials receive
reimbursement from another agency are not reimbursable.
14.3.14 Cash Advance Policy - From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City of American Canyon’s behalf. Such request for an advance should be submitted to the Finance Director 14
days prior to the need for the advance with the following information:
1. The purpose of the expenditure(s);
2. The benefits of such expenditure to the residents of City of American Canyon;
3. The anticipated amount of the expenditure(s) (for
example, hotel rates, meal costs, and transportation
expenses); and
4. The dates of the expenditure(s).
Any unused advance must be returned to the City of
American Canyon treasury within two business days of the official’s return, along with an expense report and receipts documenting how the advance was used in compliance with this expense policy.
In the event that the Finance Department is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City of American Canyon
governing board.
14.4 CREDIT CARD USE POLICY
City of American Canyon office holders may use a City of American Canyon credit card for purposes such as airline tickets and hotel reservations by following the same procedures for cash advances.
Receipts documenting expenses incurred on the City of American Canyon credit card and compliance with this policy must be submitted within five business days of receipt of the credit card statement (receipts must be attached to the statement).
City of American Canyon credit cards may not be used for any personal expenses, even if the official subsequently reimburses the City of American Canyon.
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14.5 EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE
All cash advance expenditures, credit card expenses and expense reimbursement requests must be submitted on an expense report form provided by the City of American Canyon. This form includes the following advisory:
All expenses reported on this form must comply with the City of American Canyon’s policies relating to expenses and use of public resources. The information submitted on this form is a public record.
Penalties for misusing public resources and violating the City of American Canyon’s policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability.
Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City of American Canyon’s adopted legislative positions and priorities.
Officials must submit their expense reports within 45 days of an expense being incurred, accompanied by receipts documenting each expense. If a City credit card is used, then Section 14.4 applies.
Inability to provide such documentation in a timely fashion may result in the expense being borne by the official.
14.6 AUDITS OF EXPENSE REPORTS
All expenses are subject to verification that they comply with this policy.
14.7 REPORTS TO GOVERNING BOARD
At the following City of American Canyon governing body meeting, each official shall briefly report on meetings attended at City of American Canyon’s expense. If multiple officials attended, a joint report may be made.
14.8 COMPLIANCE WITH LAWS
City of American Canyon officials should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act and other laws.
14.9 VIOLATION OF THIS POLICY
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City of American Canyon, 3) the City reporting the expenses as income to 205
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the elected official to state and federal tax authorities, 4) civil penalties of up to $1,000 per day and three times the value of the resources used, 5) prosecution for misuse of public resources, 6) notice of any action in a daily new paper ad for two Sunday’s. 206
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VI COUNCIL AGENDA PROCESS
1. The Agenda Forecast document will be amended by the responsible department. The Agenda Forecast is the document by which the City Council Agenda will be constructed.
2. Electronic copies of Staff Reports with all attachments should be uploaded to the City’s agenda processing software, Laserfiche Agenda Manager, no later than 5:00 p.m. the third Monday prior to the intended City Council meeting. When an item is uploaded into Agenda Manager, the system automatically routes the report through a pre-designated approval process. The Finance Director and City Manager each review and comment on all items. The submitting department is responsible to make the appropriate approval routing selection when submitting agenda items that require additional review.
3. Any Staff Report comments are sent to the author no later than 9:00 a.m. the second Thursday prior to the intended meeting.
4. The Final Staff Report is submitted no later than 5:00 p.m. the 2nd Friday prior to the meeting via Agenda Manager.
5. City Council Agenda items should include:
• Staff Report; and If applicable:
o Resolution/Ordinance
o Environmental Review Checklist
o Agreement/Contract (properly executed)
o Other relevant information
The “Fiscal Impact” section should include:
• The source of funding
• The budget line item number or state the need for a budget allocation • The cost for maintenance or any ongoing costs (if applicable) • Any economic impacts the item may have on the City.
6. The City Clerk’s Office will prepare the Agenda Packet for distribution and publish to the City’s Website, post and distribute the City Council Agenda by uploading a copy of the packet to Box.com for download via personal device and make available via the Granicus application, iLegislate to the City Council, City Manager, City Attorney, Department Managers and Media on Thursday prior to the next City Council meeting (exception: Special Meetings).
7. Reports filed after the deadline of 5:00 p.m. on the 2nd Friday will require the approval of the City Manager.
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VII COUNCIL MEMBER ADMINISTRATIVE SUPPORT
The City Manager is responsible for the administration and direction of staff resources as provided by the City Municipal Code. Except as provided elsewhere the Council will adhere to the following:
1. Council Mail/Correspondence – The City Clerk shall be responsible for opening Mayor and Council correspondence. All letters addressed to the Mayor requiring a response from staff are copied to all Council Members with a note as to which staff person will be preparing a response for the Mayor’s signature. Cards and other Council Member mail marked “Personal” will not be copied to the full Council. Correspondence marked “confidential” will not be opened by the City Clerk or any other staff members.
2. Clerical Support – The City Manager’s Office will coordinate the typing of correspondence requested by individual Council Members. All correspondence typed for Council Members will be on City letterhead and will be copied to the full Council.
3. Master Calendar – A Master Calender of Council events, functions, or meetings will be provided to the full Council. Functions, events, or regularly scheduled meetings to be attended by individual Council Members will also be included on the Master Calendar. The City Clerk shall maintain, distribute and keep the master calendar current.
4. Requests for Research or Information – Council Members may request information or research from staff on a given topic directly when it is anticipated that the request can generally be completed by staff in less than an hour. Council Member requests for research or information that are anticipated to take staff more than one hour shall be directed to the City Manager unless the Council Member selects to bring the matter during a council meeting under “Council Comments.” Requests for new information or policy direction will be brought to the full Council at a Regular Meeting for consideration. All written reports will be copied to the full Council.
5. Tickets to City Events – Two tickets for each Council Member will be made available for events hosted by the City or in which the City is a member (e.g., NCLOG, etc). Departments hosting City events will coordinate the distribution of tickets to Council Members with the City Manager’s Office.
The availability of tickets for events hosted by other organizations will be at the discretion of the organizing agency. When the City is a major sponsor of an event, staff will endeavor to include the availability of tickets in the sponsorship agreement or contract.
6. Council Notification of Significant Incidents – In conjunction with the City’s public safety departments, the City Manager’s Office will coordinate 208
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notification to Council. Notification will occur in the event of a natural disaster, riots, large scale evacuation, gang activity involving murder or the injury and hospitalization of a City employee while on the job, an officerinvolved shooting or a financial issue that could result in controversy or disgrace on the City of American Canyon. This will be accomplished by Email and/or telephone.
7. Council Member Stationery - It is customary for individual Council Members to correspond with residents, applicants, or other elected officials. Such correspondence does not necessarily bind the full Council or the City, but may involve making personal endorsements or recommendations, congratulating residents or other elected officials as appropriate, or responding to inquiries from constituents. Special letterhead indicating that it is from a specific Councilmember shall be developed and forwarded to each Councilmember, in both an electronic and hard copy format. 209
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VIII MAYOR AND CITY COUNCIL CONFORMITY TO CITY COUNCIL
ADOPTED PROTOCOLS
The Mayor and City Council recognizes that they and staff must self-regulate each other with respect to adhering to these protocols. The Mayor, in consultation with the City Manager and City Attorney, will be responsible for confronting a member of council who violates any of the above provisions. The Vice Mayor will be responsible for confronting the Mayor in the event of a violation of any of the above provisions. Any member of Council may seek to have a member of the City Council censured at a regular meeting
1. AMENDMENTS
A simple majority vote is required to amend these rules. Amendments may be considered under any of the following circumstances:
A. Changes in State or Federal law;
B. As requested by the Council; or
C. Whenever a new Council is formed.
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Future Agenda Items
September 4, 2024, Open Space, Active Transportation and Sustainability Commission, 6:30 p.m.
GIR Class I Bikeway
Wetlands Edge Outdoor Education Project
Newell Open Space Trail Head Project
September 12, 2024, Parks and Community Services Commission Facility Naming Submissions
Utilization of City Parks and Facilities for Community Groups and Events Parks and Community Services Master Plan
September 17, 2024, Regular City Council Meeting. 6:30p Open Session Proclamation - National Recovery Month.
Proclamation – Suicide Prevention Month
SDG 217 Wastewater Capacity Fee Deferral Agreement
September 26, 2024, Planning Commission Meeting 6:30 p.m.
Commerce 220 Warehouse EIR and CUP
Crawford Way Apartment Townhome Design Permit
October 1, 2024, Regular City Council Meeting 6:30 pm
Appointment of Youth Commissioners
Proclamation - Filipino Heritage Month
Proclamation - National Code Enforcement Appreciation Month Proclamation - National Community Planning Month
Notice of Completion - Playground Replacement Project (PR21-0100) Russell Square/Oat Hill Major Modification
October 2, 2024, OSATS Commission 6:30 pm
Trail Standards
Newell Management Plan Part 1
E-Bike at Newell Open Space
October 10, 2024, Parks and Community Services Meeting 6:30 pm Facility Naming Recommendation
Update Municipal Code for Skatepark Use
Parks and Recreation Refund Policy
October 15, 2024, Regular City Council Meeting 6:30 pm
Proclamation - Domestic Violence Awareness Month (NEWS) Proclamation - Veterans Day
Quarterly Investment Report
FY 24/25 Q2 CIP Update
Commerce 220 Warehouse EIR and CUP
Newell Drive Extension Next Steps
Green Island Road Project (TR16-0700) Phase 2 Contract Award 211