CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Deputy City Manager
DATE: March 7, 2023
SUBJECT: Adoption of Resolution No. 2023-1419, Adopting an Update to the City Council Policies and Procedures to Require the Keeping of a Minute Book and Audio Recordings of all Closed Session Meetings Pursuant to Government Code Section 54957.2
RECOMMENDATION
Adoption of Resolution No. 2023-1419, Adopting an Update to the City Council Policies and Procedures to Require the Keeping of a Minute Book and Audio Recordings of all Closed Session Meetings Pursuant to Government Code Section 54957.2.
BACKGROUND
The City Council Policies and Procedures were first adopted in 1994, with the goal of implementing best practices for the internal operation of the City, promoting organizational efficiencies, and providing consistency in the delivery of City programs and services. These policies and procedures cover a broad range of topics, from those established by and for the City Council, to general administration, to specific departmental operations.
Over the years, new policies and procedures have been established, and existing policies and procedures have been amended to reflect the organization's most current goals and actual practices.
ANALYSIS
On occasion, the City Council adjourns to closed session as permitted by the Ralph M.
Brown Act. Historically, the City has conducted closed session meetings without keeping minutes. At the request of Council Member Gennawey and Council Member Oddo, this tem was placed on the agenda to adopt a resolution and update the City Council Policie and Procedures to require the keeping of minutes and audio recordings for all closer session meetings.
California Government Code Section 54957.2 permits the City Council to designate a clerk or other officer or employee of the City to attend each closed session of the City Council and enter into a minute book a record of topics discussed and decisions made at the meeting. Section 54957.2 makes clear that the minute book and audio recordings are not public records subject to the California Public Records Act and shall be kept confidential. The minute book and audio recordings will be available for review only to members of the City Council, and no copy of any closed session minutes or audio recordings will be provided to individual council members, unless otherwise required by law.
Attachment A includes a new Sub-section 12 to Section O - Council Meeting Conduct and Decorum to require minutes and audio recordings of closed session meetings to be kept going forward. Attachment B, Resolution No. 2023-1419, is the formal adoption of the updated policy that will be incorporated in the City Council Policies and Procedures.
ALTERNATIVES CONSIDERED
The City Council may elect to:
1. Make additional amendments to the updated City Council Policies and Procedures.
2. Make no changes to the current City Council Policies and Procedures.
FISCAL REVIEW
There is no fiscal impact as a result of this report.
LEGAL REVIEW
The City Attorney's Office has approved this report and Resolution No. 2023-1419 (Attachment B) as to form.
CONCLUSION
Adoption of Resolution No. 2023-1419, Adopting an Update to the City Council Policies and Procedures to Require the Keeping of a Minute Book and Audio Recordings of all Closed Session Meetings Pursuant to Government Code Section 54957.2.
Nadia Slate
Nicholas Ghirelli
Interim City Attorney
Kenn X. O Common
Kevin X. O'Connor
Management Assistant
Attachments:
A. City Council Policies and Procedures Redline
B. Resolution No. 2023-1419
ATTACHMENT A
City Council Policies and Procedures Redline
MAYOR AND CITY COUNCIL COUNCIL POLICY
Adopted: 11/15/1994
1989 Last Revised: 3/7/2023
The residents and businesses of Laguna Niguel desire a fair, ethical and accountable local government. To achieve this objective, the City has adopted the Council-Manager form of government (Laguna Niguel Municipal Code Section 2-4-1 et seq.) where the City Council sets the policy and the City Manager implements Council policy, runs the daily operation of the City and offers policy advice. City Council deliberations and actions are conducted publicly and openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the City Council has adopted the following policies to encourage public confidence in the integrity of local government and the operations of the City of Laguna Niguel.
A. Role of City Council Members
All members of the City Council, including the Mayor and Mayor Pro Tem, have equal votes. No one Council Member has more power than any other Council Member, and all should be treated, and treat each other, with equal respect. All Council members should strive for the following:
1. Be a role model of leadership and civility through leading by example
2. Work for the common good, not personal interests
3. Be honest and show integrity at all times
4. Fully participate in City events while demonstrating respect, kindness, positive energy, and courtesy to others
5. Work to improve the quality of life in the community
6. Be responsible and accountable to each other for adherence to the City Council Policies and Procedures
B. Election of Mayor and Mayor Pro Tem / Vacancies
In even-numbered years and pursuant to Government Code Section 36801, the City Council shall, at the City Council meeting at which the declaration of the election results and the installation of newly elected councilmembers occurs, and following those two actions, choose one of its members as Mayor, and one of its members as Mayor Pro Tem. The newly selected Mayor and Mayor Pro Tem's terms of office shall begin immediately after the meeting at which the selection has occurred. In odd-number years, the Mayor and Mayor Pro Tem shall be selected at the second regular meeting in November and the terms of office shall begin immediately after that meeting. Once selected, the terms of office for both Mayor and Mayor Pro Tem shall be for one year or until a successor is elected by the City Council.
MAYOR AND CITY COUNCIL 1 of 15 COUNCIL POLICY
3/7/2023
C. Vacancies, Resignations and Removal
In accordance with Resolution No. 2017-1226, a majority vote by the City Council may remove the Mayor or Mayor Pro Tem, with or without cause.
In the event that the City Council member holding the office of Mayor resigns or is removed, or vacates his/her office of member of the City Council, the Mayor Pro Tem shall become the Mayor and serve until the City Council selects his/her successor, and the City Council shall select a Mayor Pro Tem to serve until the Council selects his/her successor.
In the event that the City Council member holding the office of Mayor Pro Tem resigns or is removed from that office, or vacates their office of member of the City Council, the City Council shall select a Mayor Pro Tem to serve until the Council selects their successor.
In the event that the offices of Mayor and Mayor Pro Tem become vacant simultaneously for any reason, the City Council shall select successors to those offices.
D. Duties and Responsibilities of the Mayor
The Mayor shall perform the following duties and responsibilities:
1. Serve as Chairman and Presiding Officer at all City Council meetings.
2. Conduct all City Council meetings in accordance with such policies and procedures that may be adopted by the City Council.
3. Execute all ordinances, resolutions, contracts, agreements, and other documents upon proper approval and authorization by the City Council, as required by the Laguna Niguel Municipal Code.
4. Represent the City Council as its voting delegate at meetings of the League of California Cities (State), League of California Cities (Orange County Division), Association of California Cities - Orange County, Orange County City Selection Committee, and other such organizations where the Mayor's representation is required by law or authorized by the City Council.
5. Represent the City Council, upon invitation, at official functions, community events, and other special events.
6. Formally acknowledge and respond to constituent correspondence on behalf of the City Council.
7. Select the seating order on the dais for City Council meetings, with the Mayor always being in the center.
8. Make Council Member assignment nominations to applicable Standing and Ad Hoc City Council Committees, City Commissions and Committees, and MAYOR AND CITY COUNCIL 2 of 15 COUNCIL POLICY
3/7/2023
Regional Agency Boards. Appointment to such Standing and Ad Hoc City Council Committees, City Commissions and Committees, and Regional Agency Boards requires approval of the majority of the City Council.
E. Duties and Responsibilities of Mayor Pro Tem
During any period when the Mayor is absent, unavailable or unable to perform his/her duties and responsibilities, such duties and responsibilities shall be performed by the Mayor Pro Tem.
F. Representation of City Council at Official Meetings, Functions and Community Events - Order of Succession
The Mayor shall make a good faith effort to represent the City Council and attend all meetings, functions and community events to which he/she is invited in his/her official City capacity. If unable to attend, the Mayor shall make every effort to arrange for a substitute City representative in accordance with the following order of succession:
1. Mayor Pro Tem
2. Council Members (in order of seniority)
3. City Manager or his/her designee
4. If these individuals are not available, it is up to the City Manager to determine who will represent the City.
G. Required Trainings and Conflicts of Interest
In the interest of creating a fair, ethical, and accountable local government and in remaining in compliance with all state and federal laws, the City Council will adhere to the following provisions:
1. Council Members shall complete two (2) hours of state-mandated ethics training to meet the specific requirements of AB 1234. In accordance with state law, CA Government Code 54952, Council Members will complete the training no later than one year from the first day of service with the City.
Thereafter, each Council Member shall receive the training once every two years or as prescribed by state law.
2. City Council Members shall complete two (2) hours of sexual harassment prevention training and education within the first six months of taking office and every two years thereafter or as prescribed by state law.
MAYOR AND CITY COUNCIL 3 of 15 COUNCIL POLICY
3/7/2023
H. Constituent Correspondence
On behalf of the City Council, the Mayor shall formally acknowledge and respond to constituent correspondence in accordance with the following general guidelines:
1. To the extent practical, written correspondence addressed to the Mayor and City Council shall be formally acknowledged with an appropriate written response. Copies of such correspondence as deemed necessary, including the City's response, shall be provided to each City Council Member, the City Manager and appropriate Department Directors.
2. Routine complaints and/or requests for service shall be acknowledged and forwarded to the appropriate City Department or public agency for investigation and appropriate action.
3. Correspondence related to issues or topics covered by formally adopted City Council policy or procedures shall be acknowledged and handled in accordance with such policy or procedure.
4. Correspondence related to land use applications, appeals or other matters pending before the City Council shall be generally acknowledged and forwarded to the City Clerk or appropriate City Department for inclusion in the public record.
5. Correspondence related to significant new projects, programs or policies shall be generally acknowledged and forwarded to the City Manager for consideration during City Budget and Work Program discussions.
6. Correspondence related to past City Council actions should be acknowledged with an appropriate explanation of the reason(s) for the past action.
7. The City Manager and/or designated City Department shall assist in providing a timely response to correspondence.
8. Nothing herein shall preclude the Mayor, or any Council Member, from roviding a separate individual response to constituent correspondence c orrespondina with any person on matters related to City business. A cop of such correspondence shall be provided to each City Council Member and the City Manager.
MAYOR AND CITY COUNCIL 4 of 15 COUNCIL POLICY
3/7/2023
I. Use of Official City Correspondence/Communications by City Council Members to Express Individual Positions on Public Policy Issues and Related Matters
City stationery and City email may be used to express the individual position of the Mayor or a City Council Member. However, such correspondence shall specifically note the position or opinion set forth in the correspondence is solely that of the author and not that of the City or City Council. Such correspondence shall be reviewed by the City Manager, or his/her designee, before distribution to ensure that the correspondence contains the appropriate disclaimer language.
J. Communication between City Council and Staff
Open communication is a common characteristic of a successful organization. In accordance with the Council-Manager form of government and best practices, the City Council works through the City Manager to gather information and to discuss ideas. However, from time to time, in the spirit of open communication and good governance, individual Council Members may want to ask questions or discuss current issues directly with Department Directors and/or department staff.
This policy honors and ensures open, ethical and candid communication amongst all levels of government. In no way should this policy be interpreted as an attempt to restrict an open channel of communication between members of the City Council and any level of City staff. This section is aligned with the principles of the council- manager form of government.
While it is acceptable and often appropriate for Council Members to share information with staff members and seek information from them, Council Members shall:
1. Channel communications through the appropriate senior City staff member, preferably the City Manager, or, if unavailable, Department Directors.
2. Be mindful that it is only appropriate to provide direction to the City Manager and staff at City Council meetings in accordance with Laguna Niguel Municipal Code Section 2-4-7.
3. Refrain from using a tone or phrasing an inquiry to staff, either written or verbal, that makes it appear or suggests that some form of action is expected or that a directive is being issued.
MAYOR AND CITY COUNCIL 5 of 15 COUNCIL POLICY
3/7/2023
4. Avoid using verbal and/or non-verbal cues that insinuate or suggest that providing such information or responding to a Council inquiry could be construed as a special privilege or favor.
5. To avoid raising concerns of misdeeds or questionable motives, Council Members must not attempt to influence City staff on the making of appointments, awarding of contracts, selection of consultants, processing of development applications, or granting of City licenses and permits except as part of City Council deliberation of a City Council agenda item.
6. Be cognizant that if it appears to a staff member that a Council Member expects some form of action, the staff member will refer the Council Member to the City Manager and advise the City Manager of such request.
7. Recognize that Staff members seeking direction on a particular inquiry from a Council Member will receive direction from the City Manager/Department Director. However, they may approach an individual Council Member for additional information or clarification, as warranted, to provide complete information to the City Manager/Department Director.
8. Keep the City Manager informed of all direct contact with department directors and be aware that staff is responsible for keeping the City Manager informed of communications with Council Members. This enables the City Manager to be aware of such inquiries if follow-up is necessary, as well as to hold staff accountable for implementing Council policies and actions.
9. Direct any advice or suggestions regarding departmental activities to the City Manager/Department Director for appropriate follow-up and response.
Council Members should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee's supervisor. Comments about staff performance should only be made to the City Manager through private correspondence or conversation.
10. All City Staff members should be treated and spoken to with respect.
11. Direction to, or requests of, City Staff are to go through the City Manager.
MAYOR AND CITY COUNCIL 6 of 15 COUNCIL POLICY
3/7/2023
12. Meetings with City Staff are open to, and with the approval of, the City Manager provided the meetings do not qualify as a meeting of a City body subject to the Brown Act.
13. Members of the City Council shall notify the City Manager or his/her designee when they are unable to attend a City Council Meeting.
K. Relationship with Other Public Agencies
In the course of their duties as elected officials, Council Members will be asked to serve on Regional Boards, Commissions, and Committees. To ensure the City's best interests and official stances are conveyed, the following shall apply:
1. When a Council Member appears before another government agency or organization, the Council Member shall make it clear (1) whether his or her statement reflects a personal opinion or is the official stance of the City or (2) whether his or her statement is the majority or minority opinion of the legislative body of which he or she is a member. When representing the City, the Council Member shall support and advocate the official City position on an issue, not a personal viewpoint.
2. When representing the City Council, the Council Member's comments should reflect approved City policies. In areas where no policy has yet been developed, the Council Member's comments shall reflect the viewpoint of a majority of the City Council. If the City Council's viewpoint is unclear or not known, the Council Member should be careful not to add personal editorial comments.
L. Media Relations
Communication with the media is a vital function of local government in order to help disseminate information on City business, programs and services to the public in a timely manner. Because the City Council functions as one body (i.e., acting by a majority vote), it is important that Council Members represent the City's official position. To ensure accurate City communications, the following shall apply:
1. The Mayor is the designated representative of the City Council to speak to the media on official City business. Individual Council Members contacted by the media shall defer to the Mayor unless otherwise agreed in advance of speaking to the media.
2. All comments made to the media shall clearly represent the actions by the majority of the Council as the official City position.
MAYOR AND CITY COUNCIL 7 of 15 COUNCIL POLICY
3/7/2023
3. Only the City Manager, or his/her designee, can disseminate press releases on behalf of the City. Whether representing the City's position or presenting information on the City's behalf, official City Press Releases shall be drafted by the City Manager or his/her designee. The administration department will distribute the Press Release to the media.
M. Representation of City at Meetings and Conferences
From time to time, City Council Members are required to represent the City, or serve on Executive Committees regarding official City business, at a variety of meetings and/or conferences at the Federal, State or local level, as well as at various professional and trade association programs. Such attendance may include, but is not limited to, City efforts related to Federal and/or State legislation advocacy, testimony before Boards or Commissions on potential actions affecting Laguna Niguel, and other events or programs that benefit the interest of the City.
To ensure appropriate City representation by elected officials at these events and programs, the following order of attendance shall be followed:
1. The Mayor who is the designated representative of the City.
2. The Mayor Pro Tem who is the designated alternate representative of the City.
3. A Council Member who is directly participating in the subject matter through appointment to a Board, Committee, or Commission (i.e., League of California Cities Policy Committee).
4. A Council Member in order of seniority
5. An individual as determined by the majority of the City Council.
Attendance at such events is generally limited to no more than two Council Members to avoid any potential conflicts with the Brown Act. This does not apply to general training or membership meetings and conferences, such as the League of California Cities Annual Conference or the Association of California Cities - Orange County monthly programs.
MAYOR AND CITY COUNCIL 8 of 15 COUNCIL POLICY
3/7/2023
N. Agenda Items
The Mayor individually, or any two members of the City Council collectively, may request that the City Manager place an item on a City Council agenda for discussion and/or action. The City Manager shall place such items(s) on the agenda and may provide such preliminary staff analysis or commentary that he/she deem appropriate. However, the City Manager shall not allocate substantial staff time or resources to such items) without direction received from a majority of the City Council at a regular or special meeting.
1. Agenda Item Request - No Staff Report or Documentation Required If the Mayor individually, or two members of the City Council collectively, request an item be listed on the City Council agenda for discussion only and with no staff report, staff research, resolution, or other supporting documents needed to take action on the item, that request shall be provided to the City Manager no later than 10:00 a.m. on the Monday of the week prior to the City Council meeting. In the event the Monday deadline date is a City Holiday, the 'deadline shall be the prior Friday.
The City Manager shall list the title of the discussion item and identify the Mayor or the two Councilmember's names who made the request in the City Council report section of the agenda.
2. Agenda Item Request - Staff Report and Other Documentation Required If the Mayor individually or two members of the City Council collectively request an item be placed on a City Council agenda for discussion and/or action and that request includes a request that the item is prepared in a form for City Council action, such that the item requires staff analysis, a resolution, or both, that request shall be given to the City Manager no later than 5:00 p.m. on the day that is at least seven (7) City Hall working days prior to the City Council meeting. For example, if a City Council Meeting is scheduled for Tuesday, February 2nd, the deadline to submit an agenda item is Friday, January 22nd, by 5 p.m.
The staff report will state who made the request to place the item on the agenda.
MAYOR AND CITY COUNCIL 9 of 15 COUNCIL POLICY
3/7/2023
3. Agenda Item Request - Emergency, Dire Emergency or Urgent Action Item If an emergency exists, as defined in the Brown Act, such that there is a work stoppage or crippling activity that severely impairs public health, safety, or both, and prompt action is necessary due to the disruption or threatened disruption, or a dire emergency exists, such that there has been a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant, then the discussion of the response to that event permits the majority of the City Council to call an emergency meeting on one-hour notice.
If the item does not qualify as an emergency or dire emergency under the Brown Act sufficient to hold an Emergency Meeting on one-hour notice, but action on the item cannot wait until the next Regular City Council Meeting, then a Special Meeting can be called to address the item if called by the Mayor or by three members of the City Council collectively. Requests for a Special Meeting shall be made no later than two (2) City Hail working days prior to the date and time of the Special Meeting so as to allow City staff time to prepare and distribute an agenda and any associated agenda item materials no later than 24 hours prior to the Special meeting as required by the Brown Act.
Alternatively, if an item comes to the attention of the City after a Regular Meeting agenda has been posted, and there is an immediate need to take action on the item prior to the following Regular Meeting and there is insufficient time to call a Special Meeting under the preceding paragraph to address that item, the item can be added to the agenda by a motion made at the beginning of the Regular Meeting but after the Roll Call and with the affirmative vote of four Councilmembers, and once added, discussion and action on that item can be taken. In that event, the item will be presented with supporting material to the extent reasonably practicable to prepare and present within that limited period of time.
O. Council Meeting Conduct and Decorum
City Council meetings are the public forum to hear, discuss, deliberate and take action on City related business matters. It is expected that City Council meetings will be conducted in a professional, efficient, fair, ethical, candid and civil manner.
Council Members shall adhere to the following:
1. Come to meetings prepared and with all agenda materials reviewed prior to the meeting.
MAYOR AND CITY COUNCIL 10 of 15 COUNCIL POLICY
3/7/2023
2. Unless it is not possible, contact the City Manager and/or City Attorney with any questions or requests for additional information in advance of the meeting. Staff should be contacted within a sufficient amount of time before the meeting in order to be able to respond and/or conduct additional research that may be needed. Answering a question in advance of the meeting, or allowing staff sufficient time to provide supplemental information at the meeting, will likely allow the City Council to make an appropriate decision at the meeting and avoid a potential delay of City Council actions.
3. To the extent possible, corrections to minutes should be shared with the City Manager or his/her designee before the meeting so that they can be corrected before the City Council approves them.
4. Be particularly attentive to the Brown Act and laws and regulations surrounding open meetings, conflicts of interest and ethical conduct.
Contact the City Attorney prior to the meeting with any questions regarding the Brown Act or conflict of interest.
5. Show respect for fellow Council members, the community at large, staff, speaker, members of the media, and the legislative process. Do not publicly ridicule, disparage, or speak ill of others by words, actions, or innuendo, but rather share any criticisms with the City Manager or City Attorney privately.
6. During a public meeting, the City Council shall refrain from the use of all cell phones, which includes texting and emailing, to discuss any item on the City Council Meeting agenda.
7. Honor the role of the Mayor in maintaining order and equal treatment of all Council Members. Allow each Council Member to speak on an item before rebutting or providing additional discussion on a matter.
8. When at the dais, refer to fellow Council Members by title and last name, or title.
9. Publicly share substantive information that may be relevant to a matter under consideration that was received from sources outside the public decision-making processes with the City Manager prior to the City Council meeting. Within the confines of the Brown Act, the City Manager is responsible for sharing information equally with all Council Members who shall work with the City Manager in this regard. Any substantive information or reports created or obtained by Council Members must be shared with the MAYOR AND CITY COUNCIL 11 of 15 COUNCIL POLICY
3/7/2023
City Manager in advance of the Council meeting with sufficient time for the information to be reviewed and verified.
10. Honor the action of the Council majority. Council policy direction and actions are established by a majority vote. The majority vote binds the Council and staff to a course of action which represents the City's official position on a particular action or issue. Such official position shall be clearly represented in verbal or written communications to the public.
11. The Mayor, Mayor Pro Tem and Council Members must inform the City Clerk of any extended vacation prior to leaving the City, any known upcoming absence from a City Council meeting prior to the date of the meeting, and any known delay to their timely attendance at a City Council meeting prior to the date of the meeting.
12. The City Council requires a record be maintained of closed session meetings, including an audio recording.
The City Clerk and the City Attorney are designated as the clerk to attend each closed session meeting and either the City Clerk or the City Attorney shall take minutes of the topics discussed and decisions made at the meeting and shall enter such minutes into a minute book. In addition, the City Clerk or the City Attorney shall make an audio recording of each closed session meeting. In the event the City Clerk or City Attorney is not available to attend a closed session meeting of the City Council, the City Manager shall designate another officer of the City to act as the clerk.
Closed Session minutes entered into the minute book and audio recordings are not public records subject to inspection under the California Public Records Act and shall be kept confidential. The minute book and audio recordings shall be available for review only to members of the City Council and to a court of general jurisdiction as required by Government Code Section 54957.2. No copy of all or part of any closed session minute book or of the audio recordings will be provided to individual council members, unless otherwise required by law.
P. Resolutions of Commendation and Proclamations
Requests for resolutions of commendation and proclamations shall be handled in accordance with the following guidelines:
MAYOR AND CITY COUNCIL 12 of 15 COUNCIL POLICY
3/7/2023
1. Copies of requests received from organizations and individuals shall be distributed to the Mayor and each City Council Member as deemed necessary.
2. The Mayor individually, or any two members of the City Council collectively, may request that the City Manager place a resolution of commendation or proclamation on a City Council agenda for approval.
3. Resolutions of commendation shall be prepared to acknowledge or recognize an individual or group for noteworthy community accomplishments or contributions. Resolutions of commendation shall be prepared for signature by the Mayor and each City Council Member.
4. Proclamations shall be prepared to announce, celebrate or commemorate a significant local, regional, state, national, or international event.
Proclamations shall be prepared for signature by the Mayor.
5. When circumstances prevent the timely placement of a resolution or proclamation on a City Council agenda, an appropriate certificate or letter shall be prepared for signature and presentation by the Mayor or Mayor Pro Tem.
6. Department Directors shall receive a certificate of recognition on behalf of a department employee who is being bestowed the honor of recognition for their service to the City.
7. A plaque and/or Resolution of Commendation may be presented as recognition for an outgoing Mayor. A City Tile and Dias name plate may be presented to outgoing Council Members. A Resolution or Certificate of Recognition will also be presented by the Mayor at a City Council meeting to the outgoing Council Member.
Q. Use of City Resources
City resources shall only be used for purposes related to City business. No City resources shall be used for political or personal purposes. For purposes of this policy:
1. "City resources" shall include, but is not limited to: City staff, City letterhead and stationery, email, telephones, copy machines, fax machines, computers, other office equipment, and office supplies and materials.
2. "Political purposes" shall mean: to support or oppose a candidate for any elective office, a recall effort against any elected official, or any initiative, MAYOR AND CITY COUNCIL 13 of 15 COUNCIL POLICY
3/7/2023
referendum or ballot measure.
3. "Personal purposes" shall include political purposes and any other purpose or activity not directly related to City business.
4. Questions regarding whether a proposed use of City resources is for a purpose related to City business shall be addressed to the City Manager and/or City Attorney. If a City Council Member is dissatisfied with the determination, the matter may be referred to the City Council for a final decision.
5. The Mayor and City Council Members shall not use City copying or fax machines. Copying and faxing services shall be provided by the Executive Secretary or his/her designee.
R. Performance Review of Council Appointees
Annually, the City Council shall evaluate its appointees, the City Manager and City Attorney. Typically, the performance reviews will be conducted in August of each year and may be conducted more frequently as appropriate. The evaluation procedure is at the will and direction of the City Council and may be modified at any time. In general, the evaluation process should include the following steps:
1. In August of each year, the Mayor will place a closed session item on a City Council agenda and advise the appointees of the date and time of the performance review.
2. The City Manager and City Attorney may prepare a self-assessment, including a report on various City operations, issues and matters pertinent to their respective positions, and submit it to the City Council.
3. The Mayor and Council will meet in closed session to discuss the appointees' performance. The human resources manager may facilitate the completion of one evaluation form that represents the collective opinion of the City Council.
4. Following this discussion, the Council will conduct a closed session evaluation with the appointee to discuss the appointee's performance and future performance goals and objectives for the appointee.
5. If warranted, an agenda item will be placed on a subsequent Regular Meeting agenda to authorize the implementation of a merit increase for the MAYOR AND CITY COUNCIL 14 of 15 COUNCIL POLICY
3/7/2023
City Manager or increase in the hourly billing rate for the City Attorney.
S. Review of Council Policies
This Policy shall be automatically reviewed whenever there is a change of membership of the City Council. In addition, the Mayor individually, or any two members of the City Council collectively, may request a review of the policies be placed on a City Council agenda for discussion and/or action at any time. Any amendments to the adopted policies require a majority vote of the City Council.
MAYOR AND CITY COUNCIL 15 of 15 COUNCIL POLICY
3/7/2023
ATTACHMENT B
Resolution No. 2023-1419
RESOLUTION NO. 2023-1419
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
ADOPTING AN UPDATE TO CITY COUNCIL POLICIES AND PROCEDURES
TO REQUIRE THE KEEPING OF A MINUTE BOOK AND AUDIO RECORDINGS OF
ALL CLOSED SESSION MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54957.2
WHEREAS, the City of Laguna Niguel promotes transparency, accountability, and accurate recordkeeping;
WHEREAS, the City Council desires a record to be maintained of the topics discussed and decisions made by the City Council in closed session; WHEREAS, section 54957.2 of the Government Code permits the City Council to designate a clerk or other officer of the City to attend each closed session of the City Council and enter in a minute book a record of topics discussed and decisions made at the closed session meeting;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Laguna Niguel:
Section 1. The City Council requires that minutes and audio recordings be taken of City Council closed session meetings pursuant to the following provisions:
a. The City Clerk and the City Attorney are designated as the clerk authorized to attend each closed session of the City Council and either the City Clerk or the City Attorney shall take minutes of the topics discussed and decisions made during the City Council closed session meeting and enter such minutes into a minute book.
In addition, the City Clerk or the City Attorney shall make an audio recording of each City Council closed session meeting.
b. In the event the City Clerk or City Attorney is not available to attend a closed session meeting of the City Council, the City Manager is authorized to designate another officer of the City to act as the clerk for that meeting. c. The minute book and audio recordings made pursuant to this section are not public records subject to inspection pursuant to the California Public Records Act, and shall be kept confidential.
d. The minute book and audio recordings shall be available for review only to members of the City Council and to a court of general jurisdiction as required by Government Code Section 54957.2.
e. At no time shall a copy of all or part of any minute book or of the audio recordings be provided to individual council members, unless otherwise required by law.
Resolution No. 2023-1419 Page 2
Section 2. The provisions set forth above in Section 1 of this Resolution shall be incorporated into the "City Council Policies and Procedures," in the manner set forth in Attachment A to this Resolution.
Section 3. The City Council hereby adopts the revised "City Council Policies and Procedures" attached hereto as Attachment A to this Resolution. The policies and procedures contained therein will supersede and control over any prior City Council adopted policies on the same subject.
PASSED, APPROVED AND ADOPTED this 7ih day of March, 2023.
Rischi Paul Sharma, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
Resolution No. 2023-1419 Page 3
ATTACHMENT A
Revised City Council Policies and Procedures