1 City Council Member Handbook
City of San Leandro
City Clerk’s Office
2024
2 Table of Contents
Contents
Table of Contents ............................................................................................................................................... 2 CHAPTER 1 – MAYOR AND CITY COUNCIL ........................................................................................................ 8 GENERAL POWERS AND RESPONSIBILITIES OF THE CITY COUNCIL .............................................................. 8 POWERS AND DUTIES OF THE MAYOR ......................................................................................................... 98 POWERS AND DUTIES OF THE COUNCIL ........................................................................................................ 9 SELECTION AND ROLE OF THE VICE MAYOR ................................................................................................. 9 DISTRICTS ...................................................................................................................................................... 109 TERM OF OFFICE .......................................................................................................................................... 109 VACANCIES ................................................................................................................................................... 10 COUNCILMEMBER ELIGIBILITY ....................................................................................................................... 10 COUNCIL SERVING AS MEMBERS OF OTHER AGENCIES ............................................................................ 11 APPOINTMENTS TO ADVISORY BOARDS ...................................................................................................... 11 INCOMPATIBLE OFFICE OR EMPLOYMENT .................................................................................................. 11 OUTSIDE GOVERNMENTAL APPOINTMENTS ................................................................................................ 11 MAYOR/COUNCIL COMPENSATION ....................................................................................................... 1211 NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE ............................................................................. 1312 COUNCIL GOALS AND PRIORITIES ........................................................................................................... 1312 REQUESTS FOR FUTURE AGENDA ITEMS AND URGENT REFERRALS ........................................................ 1413 REQUESTS FOR PROCLAMATIONS ............................................................................................................ 1413 REIMBURSEMENT FOR EXPENSES ............................................................................................................... 1514 UNAUTHORIZED EXPENSES ........................................................................................................................ 1716 DOCUMENTATION OF EXPENSES; EXPENSE REPORTS ............................................................................. 1716 CHAPTER 2 – MEETINGS ................................................................................................................................ 1817 REGULAR MEETINGS .................................................................................................................................. 1817 WORK SESSIONS ......................................................................................................................................... 1817 SPECIAL MEETINGS .................................................................................................................................... 1817 CLOSED SESSIONS ..................................................................................................................................... 1817 MEETING NOTICES ..................................................................................................................................... 1918 MEETING ATTENDANCE ............................................................................................................................. 1918 RULES OF ORDER ....................................................................................................................................... 1918 PERSONS AUTHORIZED TO BE WITHIN PLATFORM ................................................................................... 2018 WHAT CONSTITUES A QUORUM ................................................................................................................ 2018 3 DAIS TIPS ..................................................................................................................................................... 2018 PUBLIC PARTICIPATION ............................................................................................................................. 2019 COUNCIL ACTIONS ................................................................................................................................... 2119 RULES OF PROCEDURE .............................................................................................................................. 2120 TIE VOTES .................................................................................................................................................... 2120 ABSTENTIONS .............................................................................................................................................. 2120 PRESIDING OFFICER DUTIES....................................................................................................................... 2220 MAINTENANCE OF ORDER ....................................................................................................................... 2221 PROCESSION OF MOTIONS ...................................................................................................................... 2221 BUSINESS ITEMS OUT OF ORDER ................................................................................................................ 2221 DIVISION OF QUESTION ............................................................................................................................. 2321 MOTION TO FIX HOUR OF ADJOURNMENT .............................................................................................2321 MOTION TO TABLE ..................................................................................................................................... 2321 MOTION TO LIMIT OR TERMINATE DISCUSSION .......................................................................................2321 MOTION TO AMEND .................................................................................................................................. 2322 CONTINUANCE OF MATTERS .................................................................................................................... 2322 CONTINUED MATTERS, COUNCILMEMBER OBLIGATION ........................................................................ 2422 CHAPTER 3 – AGENDA .................................................................................................................................. 2523 ORDER OF BUSINESS .................................................................................................................................. 2523 AMENDED AGENDA .................................................................................................................................. 2624 DISTRIBUTION OF AGENDA ....................................................................................................................... 2624 PUBLIC HEARINGS ...................................................................................................................................... 2624 CONSENT CALENDAR ............................................................................................................................... 2624 CHAPTER 4 – CONFLICTS, LIABILITY AND DECORUM .................................................................................. 2826 CONFLICT OF INTEREST .............................................................................................................................. 2826 POLITICAL REFORM ACT ........................................................................................................................... 2826 EX-PARTE COMMUNICATIONS ................................................................................................................. 2927 AB 1234 – ETHICS TRAINING ...................................................................................................................... 2927 AB 1825 & AB 1661 – SEXUAL HARRASSMENT PREVENTION TRAINING .................................................. 2927 POINTS OF ORDER ..................................................................................................................................... 2927 DECORUM AND ORDER – COUNCILMEMBERS ....................................................................................... 2927 DECORUM AND ORDER - EMPLOYEES .................................................................................................... 3028 DECORUM AND ORDER – PUBLIC ............................................................................................................ 3028 ENFORCEMENT OF DECORUM ................................................................................................................. 3128 DISSENT AND PROTESTS ............................................................................................................................. 3129 4 PROCEDURES IN ABSENCE OF RULES ....................................................................................................... 3129 RULINGS OF CHAIR FINAL UNLESS OVERRULED ...................................................................................... 3129 CHAPTER 5 – ADMINISTRATION .................................................................................................................... 3230 ADMINISTRATIVE SUPPORT ........................................................................................................................ 3230 EMAIL AND VOICEMAIL ............................................................................................................................ 3230 MAIL ............................................................................................................................................................ 3230 COUNCIL OFFICE ...................................................................................................................................... 3230 POLICY DEVELOPMENT ............................................................................................................................. 3230 POLICYMAKING ......................................................................................................................................... 3331 STAFF ROLE ................................................................................................................................................. 3432 ADMINISTRATION AND MANAGEMENT ................................................................................................... 3432 APPOINTMENT OF CITY MANAGER .......................................................................................................... 3533 CITY MANAGER CONDUCT AT MEETINGS ............................................................................................... 3533 APPOINTMENT OF THE CITY ATTORNEY .................................................................................................... 3634 CITY CLERK ................................................................................................................................................. 3634 DEPARTMENTS AND DIVISIONS ................................................................................................................. 3634 NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE ............................................................................. 3634 NEPOTISM ................................................................................................................................................... 3735 POLITICAL ACTIVITY ................................................................................................................................... 3735 CHAPTER 6 – COMMUNICATIONS ................................................................................................................ 3836 MEMBERS OF THE PUBLIC ADDRESSING THE COUNCIL AT MEETINGS ................................................... 3836 COUNCILMEMBER DELIBERATIONS .......................................................................................................... 3937 CORRESPONDENCE FROM THE PUBLIC ................................................................................................... 3937 USE OF CITY LETTERHEAD OR CITY SEAL ................................................................................................... 3937 COMMUNICATIONS WITH STAFF .............................................................................................................. 4038 CHAPTER 7 – RESOLUTIONS, ORDINANCES AND MINUTE ORDERS ............................................................. 4139 METHOD OF ACTION ................................................................................................................................. 4139 ORDINANCES AND RESOLUTIONS – READING ........................................................................................ 4139 RESOLUTIONS – ADOPTION/EFFECTIVE DATE .......................................................................................... 4139 ORDINANCES – ADOPTION ...................................................................................................................... 4139 ORDINANCES – ALTERATION PROHIBITED................................................................................................ 4139 ORDINANCES – EFFECTIVE DATE .............................................................................................................. 4139 ORDINANCES – PUBLICATION AND POSTING ......................................................................................... 4240 ORDINANCES AND RESOLUTIONS – AUTHENTICATION .......................................................................... 4240 ORDINANCES – MAINTENANCE OF ......................................................................................................... 4240 5 COMPREHENSIVE CODES ......................................................................................................................... 4240 CHAPTER 8 – COUNCIL COMMITTEES .......................................................................................................... 4341 STANDING COMMITTEES ........................................................................................................................... 4341 COUNCIL COMMITTEE MEETINGS ............................................................................................................ 4341 CHAPTER 9 – BOARDS AND COMMISSION .................................................................................................. 4543 GENERAL .................................................................................................................................................... 4543 ELEGIBILITY AND QUALIFICATIONS ........................................................................................................... 4543 MEMBERS – DISTRICT REPRESENTATIONS .................................................................................................. 4543 APPOINTMENTS, TERMS, METHOD ............................................................................................................ 4644 VACANCIES ............................................................................................................................................... 4745 PROCEDURES FOR MAKING APPOINTMENTS AND REAPPOINTMENTS .................................................. 4745 ATTENDANCE POLICY ............................................................................................................................... 4745 MEMBERS – COMPENSATION AND EXPENSES ......................................................................................... 4846 CHAPTER 10 – BOARDS AND COMMISSIONS PROFILES .............................................................................. 4947 INTERNAL COMMITTEES ............................................................................................................................. 4947 OUTSIDE AGENCY APPOINTMENTS .......................................................................................................... 4947 ARTS, CULTURE AND LIBRARY COMMISSION ............................................................................................... 5048 DESCRIPTION OF BOARD DUTIES .............................................................................................................. 5048 MEMBERSHIP .............................................................................................................................................. 5048 MEETING SCHEDULE .................................................................................................................................. 5048 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE ................................................................................... 5149 DESCRIPTION OF BOARD DUTIES .............................................................................................................. 5149 MEMBERSHIP .............................................................................................................................................. 5149 MEETING SCHEDULE .................................................................................................................................. 5149 COMMUNITY POLICE REVIEW BOARD ......................................................................................................... 5250 DESCRIPTION OF BOARD AND DUTIES ..................................................................................................... 5250 MEMBERSHIP .............................................................................................................................................. 5250 MEETING SCHEDULE .................................................................................................................................. 5250 HUMAN SERVICES COMMISSION ................................................................................................................. 5351 DESCRIPTION OF BOARD AND DUTIES ..................................................................................................... 5351 MEMBERSHIP .............................................................................................................................................. 5351 MEETING SCHEDULE .................................................................................................................................. 5351 PERSONNEL RELATIONS BOARD ................................................................................................................... 5452 DESCRIPTION OF BOARD AND DUTIES ..................................................................................................... 5452 MEMBERSHIP .............................................................................................................................................. 5452 6 MEETING SCHEDULE .................................................................................................................................. 5452 PLANNING COMMISSION/BOARD OF ZONING ADJUSTMENTS ................................................................. 5553 DESCRIPTION OF BOARD AND DUTIES ..................................................................................................... 5553 MEMBERSHIP .............................................................................................................................................. 5553 MEETING SCHEDULE .................................................................................................................................. 5553 RECREATION AND PARKS COMMISSION ..................................................................................................... 5654 DESCRIPTION OF BOARD AND DUTIES ..................................................................................................... 5654 MEMBERSHIP .............................................................................................................................................. 5654 MEETING SCHEDULE .................................................................................................................................. 5654 RENT REVIEW BOARD ..................................................................................................................................... 5755 DESCRIPTION OF BOARD AND DUTIES ..................................................................................................... 5755 MEMBERSHIP .............................................................................................................................................. 5755 MEETING SCHEDULE .................................................................................................................................. 5755 SENIOR COMMISSION................................................................................................................................... 5856 DESCRIPTION OF BOARD AND DUTIES ..................................................................................................... 5856 MEMBERSHIP .............................................................................................................................................. 5856 MEETING SCHEDULE .................................................................................................................................. 5957 YOUTH ADVISORY COMMISSION ................................................................................................................. 6058 DESCRIPTION OF BOARD AND DUTIES ..................................................................................................... 6058 MEMBERSHIP .............................................................................................................................................. 6058 MEETING SCHEDULE .................................................................................................................................. 6058 APPENDIX A – SETTING THE MAYOR’S SALARY ............................................................................................ 6159 PURPOSE OF THE GUIDELINES ................................................................................................................... 6159 BASE SALARY .............................................................................................................................................. 6159 SALARY-INCREASES ................................................................................................................................... 6159 OTHER BENEFITS AFFORDED THE MAYOR ................................................................................................ 6260 APPENDIX B – GUIDELINES FOR COUNCILMEMBER CORRESPONDENCE .................................................. 6361 PURPOSE OF THE GUIDELINES ................................................................................................................... 6361 GUIDELINES ................................................................................................................................................ 6361 APPENDIX C – GUIDELINES REGARDING COUNCIL SUPPORT FOR OR OPPOSTION TO BALLOT MEASURES ........................................................................................................................................................................ 6462 PURPOSE OF THE GUIDELINES ................................................................................................................... 6462 GUIDELINES ................................................................................................................................................ 6462 APPENDIX D – DEADLINES FOR CITIZEN APPOINTMENTS TO AIRPORT RESEARCH GROUPS, ADVISORY COMMITTEES AND FORUMS .......................................................................................................................... 6563 7 APPENDIX E – SAN LEANDRO SISTER CITY AND FRIENDSHIP CITY GUIDELINES ......................................... 6664 CRITERIA FOR ESTABLISHING A SISTER CITY AND FRIENDSHIP CITY AFFILIATIONS ................................. 6664 SISTER CITY SELECTION CRITERIA .............................................................................................................. 6664 FRIENDSHIP CITY SELECTION CRITERIA ..................................................................................................... 6664 COMMUNTY INVOLVEMENT ..................................................................................................................... 6664 RESPONSIBILITIES OF THE CITY OF SAN LEANDRO ...................................................................................6765 CITY OFFICIAL VISITS TO SISTER CITIES AND FRIENDSHIP CITIES ............................................................... 6765 GIFTS ........................................................................................................................................................... 6866 8 CHAPTER 1 – MAYOR AND CITY COUNCIL
INTRODUCTION
The City Council Handbook includes policies and procedures approved by the City Council documenting currently accepted practices and clarifying expectations.
The objectives of the Manual are to:
1. Serve as a reference document for the City Council;
2. Provide comprehensive orientation information for new City Council Members; and
3. Enable the City Council to effectively compile and maintain operational practices that are agreed upon.
Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by these practices. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Councilmembers in their actions.
GENERAL POWERS AND RESPONSIBILITIES OF THE CITY COUNCIL San Leandro is a Charter City governed by a seven-member City Council. The elected officers of the City consist of a Council of six members and the Mayor. All Council Members and the Mayor are elected by the registered voters of the City at large. One Council Member shall be elected from each Council Member district. (Section 200 and 225 (a), City Charter)
The City Council is the legislative body of the City; its members are the community’s decision makers. Power is centralized in the elected Council collectively, and not in individual members of the Council. The Council approves the budget and determines the public services to be provided and the taxes, fees and assessments to pay for these public services. It focuses on the community’s goals, major projects and such long-term considerations as community growth, general plan and land use, development standards, capital improvements, financing and strategic planning. The Council appoints a professional City Manager to carry out the policy and administrative responsibilities.
Councilmembers are not full-time City officials and do not manage the day-to-day activities of the City organization. This is being done by the City Manager under the direction of the City Council. Members of the City Council are elected at large by the electorate on a non-partisan ballot. The seven Councilmembers serve overlapping four-year terms. As the governing body of the community, the City Council carries out its policy making at meetings held in the City Hall Council Chambers at 835 E 14th Street, the first, second and third Mondays of every month commencing at 6:30 p.m.
The primary purpose of City Council meetings is to conduct City business. City Council 9 meetings are conducted in compliance with the Ralph M. Brown Act (Ca Gov Code §54950), which requires City Council meetings to be open to the public except under specific circumstances where closed session meetings are authorized.
POWERS AND DUTIES OF THE MAYOR
San Leandro Charter Section 305 sets forth the duties of the Mayor.
The Mayor shall be the political head of the City. The Mayor shall:
(a) Recommend City policy;
(b) Recommend to the Council appropriate and necessary legislation; (c) Recommend programs for the physical, economic, social and cultural development of the City;
(d) Be responsible for public relations activities and represent the City for ceremonial purposes;
(e) Represent the City in intergovernmental relations, personally or by delegated representative, at the direction of the Council; (f) Preside at meetings of the Council;
(g) Establish and dissolve ad hoc committees, subject to approval by the Council; (h) Possess the authority to suspend implementation of any action taken by the Council by filing with the City Clerk, within three days after such Council action, a notice of suspension thereof. Such suspension shall constitute a motion for reconsideration of the action taken, to be voted upon by the Council at its next regular meeting;
(i) Provide leadership and marshal citizen participation in City activities; (j) Report to the public from time to time on the affairs of the City; (k) Possess the authority and attributes of a Council Member; (l) Possess such authority and perform such duties as are granted or required by Charter or by the Council.
POWERS AND DUTIES OF THE COUNCIL
All powers of the City shall be vested in the Council, except as otherwise provided for within the Charter. (Sec. 300, City Charter)
SELECTION AND ROLE OF THE VICE MAYOR
At its first regular meeting in January of each year, the Council must designate one of its members as Vice Mayor to serve for one year and until a successor is elected and qualified. In the absence of the Mayor, the Vice Mayor shall possess and perform the powers and duties of the Mayor. (Sec. 310, City Charter) During an election year an incumbent running for San Leandro City Council office shall not be appointed Vice Mayor. If a Councilmember is running for re-election while serving as Vice Mayor, they are subject to automatic immediate resignation from the position. No Councilmember may announce they are running or pull nomination papers while they serve as Vice Mayor.
If a Council Member is running for San Leandro City Council office, the ballot 10 designation shall not include the words Vice Mayor.
DISTRICTS
There are six representative districts, numbered one through six as provided for in the City Charter. The boundaries of Councilmember districts shall be those adopted by Charter or amended by ordinance of the Council. Each district consists of a geographically compact contiguous territory and shall contain, as nearly as possible, equal numbers of residents. No change in district boundaries shall operate to disqualify an incumbent from office before the expiration of the term for which such person was elected or appointed. (Section 230, City Charter)
TERM OF OFFICE
Council Members and the Mayor shall hold office for four years commencing on January 1st following their election. (Section 235, City Charter). Term Limits are restricted to two complete, consecutive four-year terms. (Section 265, City Charter)
VACANCIES
A vacancy exists in the office of Councilmember or Mayor when the person elected or appointed to such office fails to qualify or becomes disqualified, or upon the occurrence of any event which, under the general laws, would cause a vacancy in such office.
A vacancy in the office of Councilmember or Mayor shall be filled by appointment by the Council. The appointee shall hold office until the next general municipal election and until a successor is elected and qualified. Any unexpired remainder of the term of such office shall be filled by the voters at such election. If the Council fails to fill such vacancy within sixty days after its existence, the Council shall call a special election, at which the unexpired remainder of the term of such office shall be filled by the voters. (Section 245 and 250, City Charter)
Should a Council Member vacate his or her office before completion of a second consecutive four-year term as Council Member, he or shall be ineligible for the office of Council Member for the following term. (Section 275, City Charter) Should the Mayor vacate his or her office before completion of a second consecutive four-year term as Mayor, he or she shall be ineligible for the office of Mayor for the following term. (Section 280, City Charter)
COUNCILMEMBER ELIGIBILITY
Any person is eligible to hold office as elected Council Member if such person is a registered voter of the City and a resident of the district from which such person was nominated at the time of filing nomination papers and was a resident of the district and a registered voter of the City at the time of filing nomination papers and for thirty days immediately preceding the date of filing.
11 Any person is eligible to hold office as appointed Council Member if such person is a registered voter of the City and a resident of the district from which such person’s elected predecessor was nominated and was a resident of such area and a registered voter of the City at the time of appointment and for thirty days immediately preceding appointment. (Section 205, City Charter)
Any person is eligible to hold office as elected Mayor if such person is a registered voter of the City and was a registered voter of the City at the time of filing nomination papers and for thirty days immediately preceding the date of filing.
Any person is eligible to hold office as appointed Mayor if such person is a registered voter of the City and was a registered voter of the City for a period of thirty days immediately preceding appointment. (Section 210, City Charter)
COUNCIL SERVING AS MEMBERS OF OTHER AGENCIES
The City Council also serves as Members of the following Authorities and Agencies.
The Mayor and Vice Mayor serve as the Chairperson and Vice Chairperson, respectively. Agenda items are included on the City Council agenda, and meetings are held at the Civic Center, City Council Chambers, 835 East 14th Street, San Leandro.
San Leandro Economic Development Agency (Meets as needed) San Leandro Hillside Geologic Hazard Abatement District (Meets as needed) San Leandro Parking Authority (Meets as needed)
San Leandro Public Financing Authority (Meets as needed) Successor Agency to the former City of San Leandro Redevelopment Agency (Meets as needed)
APPOINTMENTS TO ADVISORY BOARDS
Councilmembers will be requested to serve on various boards and committees for outside agencies. Annually, the Mayor will review the list of current assignments and make recommendations for appointments. Any councilmember desiring to serve on a particular committee should inform the Mayor. These appointments are subject to approval by the majority of the Council.
INCOMPATIBLE OFFICE OR EMPLOYMENT
A Councilmember or Mayor who accepts or retains an incompatible public office or incompatible public employment after taking office on the Council is deemed to have automatically resigned as Councilmember or Mayor. (Section 240, City Charter)
OUTSIDE GOVERNMENTAL APPOINTMENTS
If a Council Member decides to seek an outside governmental appointment (e.g., through the State or National League of Cities), the following guidelines will be 12 observed:
A. Staff support will not be provided to assist in the appointment application process or any follow-up thereof.
B. The City will not pay per diem for travel associated with the appointment process.
C. There will be no commitments of other City resources to assist in the appointment process.
D. If appointed, any travel reimbursement associated with an outside governmental appointment shall be charged to the Councilmember’s travel budget.
MAYOR/COUNCIL COMPENSATION
State law limits City Council salaries. All provisions of the Government Code of the State of California relating to compensation, benefits, and reimbursement for expenses applicable to members of a City Council of a general law city shall apply to Councilmembers in San Leandro. (Section 255, City Charter; Gov. Code §36516) Ordinance No. 20223-0174 sets the Councilmembers’ salary at $ 1,3231,900 per month, or $22,800 15,876 annually.
Ordinance No. 20232-0158 sets the Mayor’s salary at $2,646 3,800 per month, or $31,752 45,600 annually.
Councilmember compensation is subject to an annual review and re-evaluation in even years, to coincide with new Councilmembers being seated.
The Mayor shall receive a salary established by ordinance as approved by a majority of the City Council. Also, the Mayor shall be entitled to the same benefits and reimbursement for expenses as Councilmembers. (Section 260, City Charter) The Mayor is provided a car allowance of Three Hundred Seventy-Five Dollars ($375.00) per month or $4,500 annually, instead of the travel reimbursement afforded other Councilmembers. (San Leandro Administrative Code, Title 1, Chapter 5.) (Appendix A--Guidelines regarding the Setting of the Mayor’s Salary, are included for reference at the back of the handbook. These guidelines were approved by the City Council on February 4, 2002.)
ADHERENCE TO COUNCIL HANDBOOK
Any of the protocols herein may be waived by a super majority (5/7) vote of the Councilmembers when it is deemed that there is good cause to do so based upon the particular facts and circumstances. Portions of this handbook may not be waived or superseded by a vote of the Council as they are excerpts from the City Charter or otherwise legal obligations that require a specific process for amendment. 13 The handbook and policies contained herein shall be amended by a majority vote of the City Council and adopted by Council resolution. The handbook may be amended administratively by the City Clerk’s Office in instances where the council has already taken action, in order to remain current with federal, state, and local law.
NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE
The Mayor and Council Members shall not interfere with the execution of the powers and duties of the City Manager; this includes interference with hiring appointments or terminations of City staff. Except for inquiry, the Mayor and Council Members shall not direct any subordinate of the City Manager. The Mayor and Council must deal with the City Manager directly on all matters related to the administrative service. (Section 345, City Charter) All directions or requests from Council Members that requires city staff action or response must be raised with the City Manager. If the City Manager is unable to remedy the issue immediately, Council Members are encouraged to exercise patience and remember that the City Manager reports to the entire Council.
There will often be instances when Council Members disagree, and the City Manager should be afforded the time to address the issue adequately.
COUNCIL GOALS AND PRIORITIES
Goal setting requires time, energy and a well-defined process. City Council planning workshops are held with the City Manager and the City’s senior management team to review progress on goals previously set, establish priorities, and define new goals and objectives for the City. While time-consuming, there are advantages to setting goals:
Goal setting gives the Council a basic framework for action.
Goal setting helps the Council spend its time more wisely.
Goal setting provides a framework to present individual priorities Goal setting gives the City Manager clear guidelines to get the job done; Goal setting gives the Council and staff essential budget guidelines.
Goal setting gives the Council an evaluation tool.
While goal setting will not resolve all of the City’s problems, it will help define issues and solutions over the long term. A proclamation written and prepared by a Councilmember is the only exception to this definition. Furthermore, an urgent referral must include a timeframe for its completion in the motion. 14 REQUESTS FOR FUTURE AGENDA ITEMS AND URGENT REFERRALS All City Council items brought forward at City Council meetings under “Council Requests for Future Items” shall be added to the City Council Priority List to be prioritized at a subsequent City Council planning retreat or session. An exception to the normal referral process is defined as an urgency referral. Urgent referrals should be used most judiciously to support the capacity necessary to complete the Council’s identified priorities.
Items referred by Council as Urgent Matters shall be prioritized ahead of other already established priorities and will impact staff’s progress on other high priority projects. An urgent referral must meet the following criteria and be defined as part of the referral:
The criteria for urgency is defined as an action necessary to immediately preserve the life, health and safety of the community, or failure to respond in an expeditious manner could result in harmful legislative or financial consequences for the city.
Because no discussion is allowed on the nature of the urgency, an urgent referral requires a 2/3 vote, which is 5 members of the Council to move forward with the urgency referral.
All requests made shall be submitted to the City Manager and City Clerk in writing and in advance of the City Council meeting, to ensure the correct language for the permanent record.
REQUESTS FOR PROCLAMATIONS
Proclamations are issued by the Mayor or on behalf of the Mayor throughout the year to celebrate or recognize a group or individual of local relevance or promotes activities taking place in the City of San Leandro. Annually in January the City Council adopts the Proclamation recipients for the year.
During the year, opportunities to issue other proclamations may arise. If there is a request for an Urgent Proclamation, it must be presented during the Future Agenda Items portion of a City Council meeting and receive a majority vote to move forward.
The general criteria for the issuance of proclamations are as follows:
a) Issues with widespread community interest or concern, with a primary emphasis on requests that are in support of City Council goals and in which the City has legislative authority; and
b) Recognition of a local entity, civic organization, group or individual achieving outstanding or significant accomplishments; and
c) Acknowledgment of significant community events or celebrations; and d) Fundraisers benefiting the citizens of San Leandro; and e) Organizations contributing to the economic development of the City.
The Councilmember that recommends a proclamation must submit the proclamation language to the City Clerk, in accordance with the Agenda Packet 15 Publication schedule. Proclamations that do not meet the City Clerk’s deadline will be moved to the next meeting. A brief history of the organization or a description of the purpose, goals, motto, or theme of the event are required to complete the proclamation. If funds are to be raised, who will benefit from the event, and what will take place during the time of celebration/recognition, including dates and times.
REIMBURSEMENT FOR EXPENSES
Councilmembers and the Mayor are provided with a technology budget, a travel and training budget and an apparel budget per fiscal year. City budgets are set by the City Council as part of the budget cycle. The aforementioned budgets for the Mayor and Councilmembers are set per account, the monies are non-transferrable, and cannot carry over from year to year.
A. Technology
Councilmembers and the Mayor are provided a technology allowance of up to $4,000 for the first six months of their inaugural term, and up to $3,000 per fiscal year for the remainder of their term; at no time shall reimbursements for the Fiscal Year exceed the above set amounts. There shall be a one-time exception for Councilmembers elected in 2022 who took office January 2023, giving them up to $4,000 reimbursement for their inaugural term, to be used by November 30, 2023. Councilmembers and the Mayor may be reimbursed for expenses related to internet, mobile phone or other technology sources used for city business. The City will not provide technology equipment; Councilmembers may purchase equipment and submit receipts or provide monthly personal invoices for costs associated with phone and internet service plans for reimbursement. Reimbursement requests must be submitted within 90 days of the expense to be eligible for reimbursement. Requests for reimbursement must include documentation for payment including receipts, invoices, canceled checks, or credit card receipts.
B. Travel/Training
a) Councilmembers currently receive $10,000 per fiscal year for official City business travel or training , to be reimbursed after providing sufficient supporting documentation to the City Manager. Annual amounts may increase based on inflation. b) The Mayor currently receives $15,000 per fiscal year for official City business travel or training, to be reimbursed after providing sufficient supporting documentation to the City Manager. Annual amounts may increase based on inflation.
c) City Staff will facilitate conference registration and hotel accommodations at the conference site or approved conference hotel. Travel (Flight, Rental Car, Uber etc.) accommodations must be booked by the Councilmember or Mayor in addition to any variations on hotel or other accommodations.
16 d) If Councilmembers have unused funds in their official City business Travel/Training budget, unused funds shall be deposited or set aside into a separate fund or pool and held for one fiscal year, to be used to cover the costs of future travel or training expenditures for Councilmembers who have exhausted their budget. Pooled funds will be administered through financial administrative procedures.
e) Upon return from a conference or travel for official City business, Councilmembers and the Mayor must report out at the subsequent meeting a trip report or submit a written report to the City Manager and City Clerk to be included on a subsequent regular City Council meeting’s Consent Calendar.
f) At the end of each fiscal year, a year-end report on Councilmember travel and training expenditures will be added to a regular City Council meeting agenda, on the Consent Calendar. g) Councilmembers may be reimbursed for actual and necessary automobile expenses incurred in the performance of official duties within the San Francisco Bay Area. The reimbursable amount will be based on the actual mileage traveled for the purposes of the Councilmember’s official duties. In no case shall the amount of reimbursement exceed $125 per month. Mileage reimbursement rates will be the annually posted IRS mileage rate, which the Finance Department will maintain. A travel expense form must be completed for reimbursement of mileage and travel related expenses, and must include documentation for payment including receipts, invoices, canceled checks or credit card receipts. h) The Mayor receives a car allowance of a flat $375 per month, which shall be in lieu of the $125 automobile expense
reimbursement afforded other Councilmembers.
i) Councilmembers and the Mayor will receive a $100 per diem and $50 per one-half day is hereby fixed and determined as
reasonable expenses to be allowed each member of the City Council when traveling on official duty for all out-of-pocket expenses other than transportation and hotel expenses. during travel/training. Admin Code 1.3.110
j) Councilmembers and Mayor must submit reimbursement requests within 90 days of the expense to be eligible for reimbursement.
Upon presentation of receipts for out-of-pocket transportation and hotel expenses incurred, each member of the City Council shall be reimbursed for said expense. Reimbursable transportation expenses shall be limited to airfare, including conveyance to and from the airport, and other reasonable conveyance costs pertaining to the official duty. If renting a vehicle, the Councilmember shall purchase rental insurance and seek reimbursement. Reimbursable hotel expenses shall be limited to government rate lodging, telephone charges for official business and 17 applicable taxes.
C. Apparel - $250 initial allocation, during the first six months of their inaugural term, then $100 per fiscal year thereafter. All items must have City logo/seal permanently affixed, by embroidery, silk screen or similar.
UNAUTHORIZED EXPENSES
Personal expenses that the City will not reimburse include, but are not limited to:
a) Personal portions of any trip
b) Family expenses
c) Entertainment expenses
d) Political contributions or events
e) Non-mileage personal automobile expenses, including traffic citations f) Personal losses incurred while on City business.
DOCUMENTATION OF EXPENSES; EXPENSE REPORTS
a) Councilmembers and the Mayor must submit expense reports on the “Expense Reimbursement Form” within 90 days of incurring the expense to qualify for reimbursement.
b) Expense reports must be accompanied by documentary evidence, such as a receipt, canceled check, or bill for each expense. The documentary evidence must show the amount, date, place and essential character of the expense.
18 CHAPTER 2 – MEETINGS
REGULAR MEETINGS
Regular meetings of the City Council are held on the first and third Mondays of each month at 6:30 p.m. in the City Council Chambers, 835 East 14th Street. If any scheduled meeting falls on a City holiday, the meeting shall be held on the next business day at 6:30 p.m. Regular meetings shall end at 10:00 p.m. unless a majority of the City Council votes in favor of continuing the meeting past 10:00 p.m. Starting times for each item are approximate. (SLMC 1-1-200; SLAC 1.1.105)
WORK SESSIONS
Work Sessions of the City Council are usually held at 6:30 p.m. on the second Monday of each month; an additional Work Session may be scheduled on the 4th Monday.
Those meetings shall take place at a location to be designated by the Council. At Work Sessions, City staff provides reports to the City Council on a variety of items and issues; however, while no formal action is taken at a Work Session, direction may be provided to staff.
SPECIAL MEETINGS
A special meeting may be called at any time by the Presiding Officer of the Council, or by a majority of the members. Written notice of the special meeting must be sent to each member of the City Council and to each local newspaper of general circulation that has requested meeting notices and radio or television station requesting notice in writing. The City shall post the notice on the City's Internet Web site. Notices for special meetings must be delivered by any means that ensures receipt at least 24 hours before the meeting time. The notice must state the time and place of the meeting, as well as the business to be transacted or discussed. The City Council will not consider any business, that is not in the written notice. (Cal Gov Code §54956)
CLOSED SESSIONS
Closed session will ordinarily be held at 5:30 pm unless otherwise arranged. Typically, closed sessions are called to discuss (1) real property negotiations, (2) existing or anticipated litigation, (3) liability claims, (4) labor negotiations, or public employee appointments, (5) evaluations and discipline.
Closed sessions may involve only members of the City Council, the City Attorney, the City Manager, City management and support staff, and consultants necessary for consideration of the matter that is the subject of closed session. Individuals who do not have an official role in advising the City Council on closed session subject matters will be excluded from closed session discussions.
Closed session items must be briefly described on the posted agenda, and the description must state the specific statutory exemption. Action items will be placed first on the closed session agenda.
19 By law, no member of the Council, an employee of the City, or any other person required to be present during a closed session shall disclose to any person the content or substance of any discussion which took place during the closed session unless disclosure is authorized by a majority vote of the Council.
LEGISLATIVE BREAK
The City Council shall observe an annual recess during the month of August. The duration of the recess shall encompass the entire month unless otherwise determined by a majority vote of the City Council. The August recess shall be applicable to all City Council, Boards and Commissions meetings.
The August recess allows Council Members an opportunity to engage with constituents, attend community events, and address local concerns outside of regular council meetings. It also provides time for staff to undertake administrative tasks and prepare for upcoming legislative sessions.
During the August recess, regular City Council meetings shall be suspended. Special meetings may be called if urgent matters arise that require immediate attention. The decision to convene a special meeting during the August recess shall be made by a majority of Council Members.
MEETING NOTICES
The City Clerk is responsible for posting notices of all City Council meetings including Work Sessions. The City Clerk will post meeting notices in accordance with applicable state and local laws. The Clerk’s Office must post a copy of the agenda on the notice board outside the East 14th Street main entrance to the Civic Center, not less than 72 hours before each regular meeting, and not less than 24 hours before each special meeting to be held by the City Council. Notices may also be included on public access or electronic media, such as the City’s website and cable television. The agenda shall also be available to the general public by noon on Friday before the City Council Meeting scheduled. Agendas are also available by email subscription from the City website, or by mail when self-addressed postage paid envelopes are provided.
MEETING ATTENDANCE
If any Councilmember cannot attend a meeting, he or she must notify the City Manager, City Clerk and the Mayor as soon as possible, but in no event later than noon the day of the meeting.
RULES OF ORDER
The proceedings of the Council shall be governed, unless otherwise stated, under “Robert’s Rules of Order, As Amended” on all matters pertaining to parliamentary law; however, no action of the Council shall be invalidated, or the legality thereof otherwise affected by the failure or omission to observe or follow said rules. 20 PERSONS AUTHORIZED TO BE WITHIN PLATFORM
No person except City officials shall be permitted within the platform area in front of the Council table without the invitation or consent of the Presiding Officer.
WHAT CONSTITUTES A QUORUM
A majority of the Council shall constitute a quorum for the transaction of business. (Section 325, City Charter)
DAIS TIPS
The Council Chambers are equipped with a system that provides microphones and video recording equipment at the dais, City Clerk table, staff tables, and podium. The public address system not only provides a means for the audience to hear all of a speaker’s comments but is also directly tied into a recording system that creates a record of the meeting. Be sure to turn the microphone off when you are finished talking, during recess, and after a meeting.
Be mindful that you are speaking in a recorded public setting. Even the most harmless humor can be easily misinterpreted after the fact. Never say things near a microphone you do not want to be heard.
PUBLIC PARTICIPATION
No one shall be denied the right to present grievances or offer suggestions for the betterment of municipal affairs at any regular meeting of the Council. (Section 335, City Charter)
The public is guaranteed the right to speak at any regular or special meeting on any subject which will be considered by the City Council before its consideration of the item. (§ 54954.3(a) of the Brown Act)
COUNCIL CHAMBERS EXPECTATIONS OF DECORUM
A. We respect your right to participate as citizens, but we expect you to be courteous and polite to the Council, City staff, and other members of the public.
B. We respect your right to disagree, but we expect you to express your disagreement only at the podium, or when called and only at the appropriate time.
C. We respect your right to dispute the recommendations of the City staff, and we value our employees and the work they do. We ask you to discuss facts and not attack personalities.
D. We have zero tolerance for inflammatory, racist, or similar hateful comments from the public. We also have zero tolerance for any displays of support or opposition from the audience as a whole. We expect the public to respect the right of the Council to deliberate in a responsible and purposeful fashion.
E. Some examples of behavior that will not be tolerated include:
21 disruptive behavior that interrupts proceedings, threats of harm, use of bull horns or sound amplification equipment, waving signs that block other audience members views.
The Mayor, at their discretion, may remind the audience of the Expectations of Decorum and have anyone removed from the Chambers who does not comply and commits acts that disrupt the meeting.
COUNCIL ACTIONS
Actions of the Council shall be taken by ordinance, resolution or motion. Actions of the Council require the affirmative votes of a majority of the entire Council membership.
The membership of the Council is comprised of a Mayor and six Councilmembers. The Council shall pass ordinances and resolutions only by taking the ayes and nays by an open vote, which shall be entered in the minutes of the meeting. The ayes and nays shall be taken and recorded on all motions. Abstentions shall also be recorded. (SLMC, Title I, Chapter 1, Article 3)
RULES OF PROCEDURE
The Council, by ordinance, shall establish rules of procedure for taking actions. Such rules shall:
A. Provide that Council actions shall require the affirmative votes of a majority of the entire Council membership.
B. Provide for the introduction, publication, adoption, amendment, effective date, and codification of ordinances.
C. Provide for the introduction and adoption of resolutions. (Section 330, City Charter)
TIE VOTES
Tie votes are lost motions. Except when hearing a Planning item, when all Councilmembers are present, a tie vote whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes another action to consider the matter further. 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 Council.
ABSTENTIONS AND RECUSALS
Abstentions shall be counted but shall not be recorded as either an “aye” or “nay” vote. Should a Councilmember be recused from voting on an issue due to a conflict of interest, an announcement should be made before the discussion of the item indicating the reason for the recusal. 22 PRESIDING OFFICER DUTIES
The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of 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.
a) CALL TO ORDER
The meeting of the Council shall be called to order by the Mayor or in his/her 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, after that the City Clerk shall immediately call for the selection of a temporary Presiding Officer. b) PARTICIPATION BY PRESIDING OFFICER
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/she shall not be deprived of any of the rights and privileges of a Council Member because 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 engage in extended debate on questions before the Council personally, he/she should consider turning the Chair over to another member. c) QUESTION TO BE STATED
The Presiding Officer shall orally restate each question immediately before the call for the vote. Following the vote, the Presiding Officer or City Clerk shall announce whether the question carried or was defeated for the benefit of the audience.
MAINTENANCE OF ORDER
The Presiding Officer is responsible for the maintenance of order and decorum at all times. No Councilmember, staff or member of the audience is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair.
The Presiding Officer shall ensure that he/she, as well as the balance of Council, refrains from commenting or entering into conversation with speakers during Public Comments or during Public Hearings.
PROCESSION 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 maker without the consent of the person seconding it.
BUSINESS ITEMS OUT OF ORDER
The Presiding Officer may at any time, by majority consent of the Council, permit a member to move an ordinance, resolution, or motion out of the regular agenda order.
23 DIVISION OF QUESTION
If the question contains two or more division-able propositions, the Presiding Officer may, upon request of a member, (unless appealed) divide the same.
MOTION TO FIX HOUR OF ADJOURNMENT
Any regular meeting can be adjourned to a stated date, time and place.
MOTION TO TABLE
A motion to table shall be used to temporarily bypass the subject. A motion to table is not debatable and shall preclude all amendments or debate of the subject under consideration.
MOTION TO LIMIT OR TERMINATE DISCUSSION
Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.
MOTION TO AMEND
A motion to amend shall be debatable only as to 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 upon first. The main motion shall then be voted on, either as amended or as originally stated, if the amendment fails to pass.
CONTINUANCE OF MATTERS
a) When five (5) or fewer members of the Council are present at the scheduled meeting, a request for a continuance may be made once in order that the matter may be scheduled for a time when more than five (5) members are expected to be present.
b) Requests for continuance when there are five (5) or fewer members present shall be granted unless State law or local regulations require that action be taken at that time.
c) Regardless of the number of Council Members present, or upon request by a member of the public, any Council Member may exercise a personal privilege to have an item continued once unless State law or local regulations require that action be taken at that time. This privilege is not to be taken lightly. d) If a matter is continued, the Presiding Officer will ask if those present who wish to speak to the matter can return at a later date. Those individuals who cannot, will be 24 given the opportunity to speak on the matter and said comments shall be made part of the record to be considered at the continued date; however, further comment shall be allowed where new material is presented.
CONTINUED MATTERS, COUNCILMEMBER OBLIGATION
When a member of Council is absent from an earlier meeting at which a matter is discussed, it shall be the duty of such member to become acquainted with the issues discussed by reading the minutes, the documents presented, and, if possible, listening to the recording of such discussion. 25 CHAPTER 3 – AGENDA
ORDER OF BUSINESS
The following shall constitute the order of business to be followed in conducting regular meetings of the Council:
1. CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
2. 2. ANNOUNCEMENTS
3. 7. REPORT ON CLOSED SESSION ACTIONS TAKEN (if applicable)
4. 3. RECOGNITIONS
4. AMENDMENT OF CONSENT CALENDAR
5. CONSENT CALENDAR
6. ITEMS REMOVED FROM CONSENT CALENDAR
7. REPORT ON CLOSED SESSION ACTIONS TAKEN
68. CITY MANAGER AND CITY ATTORNEY REPORTS AND COMMENTS
97. PUBLIC COMMENTS
810. PUBLIC HEARINGS
11. CITY COUNCIL CALENDAR AND ANNOUNCEMENTS
12.9. PRESENTATIONS
13.10. ACTION ITEMS
14.11. COUNCIL REQUESTS TO SCHEDULE AGENDA ITEMSFOR FUTURE REFERRALS
15.12. CITY COUNCIL REPORTS, CALENDAR AND ANNOUNCEMENTS
16.13. ADJOURN
The order of business may be changed if deemed appropriate by the Mayor, and Council consensus.
26 AMENDED AGENDA
The Brown Act prohibits the City Council from discussing or taking action on an item not appearing on the posted agenda. The Brown Act provides three specific exceptions in which the Council can act on an item not on the agenda:
1. When a majority of the Council decides there is an “emergency situation”.
2. When two-thirds of the members present (or all members if less than five members present) determine there is a need for immediate action and the need to take action “came to the attention of the council after the agenda being posted.” This exception does not apply in situations where the Council or staff knew about the need to take immediate action before the agenda was posted. Forgetting a deadline does not count as an unexpected need.
3. When an item appeared on the agenda of and was continued from, a meeting held not more than five days earlier.
DISTRIBUTION OF AGENDA
If practicable, the agenda and agenda packet shall be provided to Councilmembers the Wednesday preceding the Monday meeting to which it pertains. Council packets shall be delivered electronically through City Email and published on the City’s website. Holiday schedules may impact this timeline.
PUBLIC HEARINGS
Anyone wishing to speak regarding a Public Hearing item shall do so at that time.
The order of business for public hearings is as follows:
1. Staff presentation
2. Applicant/Appellant, if any – 10 minutes
3. City Council Questions/Clarifications
4. Public Comments – 2 minutes per speaker, subject to adjustment by the Mayor
5. Applicant/Appellant Rebuttal, if any – 5 minutes
6. City Council Comments/Questions/Action
Councilmembers should not speak to an issue until the public hearing has been closed. If a Councilmember has met or communicated with a proponent/developer or opponent of the subject hearing, they should acknowledge such meeting or communication before the opening of the hearing. Once a hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of Council Members addressed through the Presiding Officer.
CONSENT CALENDAR
Consent Calendar items are routine and are considered for approval by the City Council with a single action. The City Council may remove items from the Consent Calendar for discussion and vote on the item as a separate matter. Items listed on the 27 Consent Calendar are deemed to have been read by title. 28 CHAPTER 4 – CONFLICTS, LIABILITY AND DECORUM
CONFLICT OF INTEREST
State laws attempt to eliminate any action by Councilmembers which may be a conflict of interest. The purpose of such laws is to ensure that all actions are taken in the public interest. Newly elected officials are required to file a Statement of Economic Interest (Form 700) within 30 days of being sworn into office. After that, elected officials are required to file the Form 700 annually. The Clerk’s office will notify you of your filing requirements.
If a Councilmember believes a potential for conflict of interest exists, he or she is encouraged to consult with the City Attorney for legal advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict, if necessary. Conflict of interest laws can be complicated, and violations may result in significant penalties so please be sure to consult with the City Attorney or private counsel if there is ever a question of potential conflict.
Councilmembers who serve on various joint power agencies, county committees, regional boards and standing committees should verify with each of those agencies to determine their filing requirements.
POLITICAL REFORM ACT
The Political Reform Act prohibits public officials from making, participating in, or attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. If a public official has a conflict of interest, the official must disqualify him or herself from acting on or participating in the decision. Government Code Section 87105 states that a Council or committee member who has a conflict of interest must recuse him or herself and leave the room unless the matter is on the Consent Calendar. A councilmember must take the following steps after it is determined that a conflict of interest exists under the Political Reform Act:
1. Publicly identify the financial interest.
2. Recuse yourself from both the discussion and the vote on the matter.
3. Leave the room until the matter has been completed.
Exceptions:
1. If the matter is on the consent calendar, you do not have to leave the room.
2. If you wish to speak during public comment, you may do so as a private citizen, but this is the only time you may be in the room while the matter is considered.
The Fair Political Practices Commission (FPPC) has many useful regulations and opinions on conflicts of interests that are useful in determining whether a particular 29 financial interest or decision could give rise to disqualification based on a potential conflict of interest. Visit the FPPC website at fppc.com for additional information.
EX-PARTE COMMUNICATIONS
Ex-parte communications are communications with applicants, representatives, agents, or attorneys for applicants or others seeking approval from the City or City Council or opponents of such entities or applications outside of an open and public meeting. Such communications are not encouraged when the communication is designed to influence the official decision or conduct of the official in order to obtain a favorable decision or treatment to advance personal or private interests.
Councilmembers who have ex-parte communications with a party that will appear or appears before them at a meeting should disclose that he/she had such ex parte communication with the party.
Any written ex-parte communication received by an official in matters where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
AB 1234 – ETHICS TRAINING
Assembly Bill 1234 was signed into law and went into effect on January 1, 2006. This state law requires public officials to receive two hours of ethics training every two years. Newly seated officials must receive this training within 12 months of taking their positions. The original Certificate of Completion of this training must be filed with the City Clerk by the deadline. The training covers subjects such as conflicts of interest, personal financial gain, personal advantages and perks, government transparency, and fair processes.
AB 1825 & AB 1661 – SEXUAL HARRASSMENT PREVENTION TRAINING Assembly Bill 1825 became effective in 2007and AB 1661 in 2016. These laws require two hours of sexual harassment training for supervisors, which includes Councilmembers, every two years.
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 an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” in which event a majority vote shall sustain or reverse the Presiding Officer’s determination.
DECORUM AND ORDER – COUNCILMEMBERS
a) Any Councilmember who wants to speak shall address the Chair and, upon recognition by the Chair, shall confine themself to the question under debate. b) A Councilmember who wants to question a staff member shall address their question to the City Manager, City Attorney, or the City Clerk in appropriate cases, who shall be entitled to answer the inquiry himself/herself or to 30 designate some member of the staff for that purpose. During initial clarifying questions from City Council Members after a staff report, the Presiding Officer shall enforce a 5 minute limit per City Council Member. Once every Council Member has had a chance to ask questions during their initial 5 minute limit, the Presiding Officer may allow additional questions as needed. c) 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 Councilmember; or unless the speaker chooses to yield to questions from another Councilmember.
d) A visual timer shall be posted for all presenters and City Council members during their comments.
e) Any Councilmember challenged while 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 to comply with the rules of order. f) Councilmembers shall accord the utmost courtesy to each other, to City employees and 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. g) 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.
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 member, including the City Manager, who wants 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 Council Member or member of the public.
DECORUM AND ORDER – PUBLIC
Members of the public attending Council meetings must observe the same rules of order and decorum applicable to the Council. Any person who makes threats or who becomes violent while addressing the Council or while attending the Council meeting shall be removed from the room if the Police Chief or their designee is so directed by the Presiding Officer, and such person may be barred from further attendance at the Council meeting. Unauthorized remarks from the audience, stamping of feet, whistles, yells, applause and similar demonstrations and outbursts shall not be permitted by the Presiding Officer, who may direct the Police Chief to remove such offenders from the room. Aggravated cases shall be prosecuted or appropriate complaint signed by the Presiding Officer.
31 ENFORCEMENT OF DECORUM
The Chief of Police or representative shall be ex-officio Sergeant-at-Arms of the Council. They shall carry out all orders and instructions given them by the Presiding Officer to maintain order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the Sergeant-at-Arms to eject any person from the Council Chambers or place them under arrest or both.
As set forth in the Brown Act (Government Code §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. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held under this section. The City Council may establish a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Attendance at Council Meetings does not provide individuals or groups of individuals immunity or protection when their conduct is in violation of any other laws (California Penal Code, City of San Leandro Municipal Code, etc.) The Sergeant-at-Arms should and will be called upon by the Presiding Officer to enforce these laws at Council Meetings.
DISSENT AND PROTESTS
Any Councilmember shall have the right to express dissent from or protest against any action of the Council and have the reason captured in the minutes. If a councilmember wants to have their dissent entered into the minutes, the minutes should provide clear language such as “I would like the minutes to show that I am opposed to this action for the following reasons.”
PROCEDURES IN ABSENCE OF RULES
Except as modified by the provisions of this handbook, the proceedings of the Council shall be governed by Robert’s Rules of Order, As Amended.
RULINGS OF CHAIR FINAL UNLESS OVERRULED
In presiding over Council meetings, the Mayor, Vice Mayor or temporary Presiding Officer shall decide all questions of 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 Council Members present and voting.
32 CHAPTER 5 – ADMINISTRATION
ADMINISTRATIVE SUPPORT
The City Manager’s office provides general staff and administrative support to members of the City Council. Services include scheduling of appointments, calendaring, receipt of telephone messages and light word processing.
EMAIL AND VOICEMAIL
Councilmembers are provided with a City email and voicemail account. These communications can raise important legal issues to which Councilmembers should pay special attention. The Brown Act strictly prohibits members from using technology to have a discussion or develop a concurrence by a majority of the Council outside of an open and noticed public meeting, unless an exception applies. Councilmembers should not use telephones, faxes, or email to communicate with other Councilmembers to develop a majority position on any issue that may come before the full Council.
Also, be aware that any email sent by Councilmembers addressing substantive city business, either from a City email account or your personal email account may be a public record according to the California Public Records Act (PRA). Email information is stored on the computer network and may continue to exist on the network’s backup system even after being deleted. As a result, emails can become records of the City maintained in the ordinary course of business, and thus available for public disclosure under PRA.
MAIL
Councilmembers may receive large amounts of mail. Administrative staff in the City Manager’s office maintains a mailbox for each Councilmember in City Hall.
COUNCIL OFFICE
There is an office available for Councilmembers to use for councilmember business.
The office is available on a first-come, first-served basis.
POLICY DEVELOPMENT
Local officials best serve their constituents when they listen to the community as well as help the community visualize where it wants to be in the future.
As an elected official, you play a fundamental role in the evolution of the goals, purpose, and direction of your community. You are responsible for making decisions about tax policy and tax rates, the scope of services your government will provide, and the role of the public sector versus that of the private sector in the delivery of those services. You are also responsible for policies that will affect local economic growth, cultural change, and the environment. All these complex and ever-changing factors affect and are affected by a local government’s mission. 33 To understand your government’s mission is to become familiar with its policies. Review the budget, the capital improvement plan, the general plan, administrative procedures and practices, and the charter. As issues come up, take another look at existing policies to see if they support the mission of the organization. Keep in mind that policymaking can be passive as well as active. Policy ideas come from many sources, but the final determination of how policies (and through policies the mission of your organization) evolve during your term of office rests with you, the elected governing official. Wherever the ideas come from, it is the Council’s responsibility to look at the merits of each idea and then approve, modify, or reject it. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
POLICYMAKING
Policymaking means deciding what you are going to do - not how you are going to do it. An example may help illustrate the difference. Deciding that your community is going to emphasize the provision of low-income housing is a basic policy decision.
Making that decision means that you will be spending money on housing programs, that you intend to make this subject a priority, and that, likely, some other programs will have to wait their turn. Note that making the policy decision says nothing about how you will provide low-income housing. That question comes later and may require advice from your staff or other knowledgeable individuals. Your staff may suggest several alternatives for providing low-income housing. You might be able to use federal programs, state financing, or public-private partnerships. You will have to make other policy decisions, choosing which of these alternatives you wish to use.
Once you have made these secondary policy decisions, your staff can deal with how to carry out your policy. Policies are formulated for the broad issues that affect your community. These may include everything from providing jobs to paving streets to making sure that children have enough playgrounds.
As a policymaker, sometimes you will judge and sometimes you will advocate; you need to hear opposing views, consider the arguments, and think about the concerns of the constituency you serve. Two major activities will help you shape policy systematically: setting goals and formulating the budget.
The four phases of the policy-making cycle are:
1. Identify and analyze community needs. What do your constituents want? What program changes were the basis of your campaign? What longstanding problems require attention? What do staff studies of social and economic trends tell you about the future?
2. Analyze program and service alternatives and resources. How do you gather the resources you will need to accomplish the goals you have in mind?
3. Choose and implement programs. How do you gain the consensus of 34 your colleagues on the Council--or their cooperation in selecting programs and services? What details do you provide to staff, and what do you leave to their discretion?
4. Evaluate program results. How well is the program being implemented? Did you get what you expected? Is the program accomplishing what you intended?
In addition to learning how various policies are influencing the mission of your local government, you will want to review the roles of other elected officials, of the staff, of interest groups, and of individuals from other local governments and other levels of government in making policy. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
STAFF ROLE
A full-time staff, hired for its expertise, also has a responsibility to help the Council formulate policy. The City Manager and the staff often make recommendations based on what has worked in other communities as well as organizational and financial feasibility, and present alternative strategies for the review and decision of elected officials.
Realistically, the policy-making process and the influence of the City Manager and the organization’s staff in shaping policies - both as they are being developed and as they are implemented - do not constitute a fixed equation. As you look at various issues, you and your colleagues will find that at times the decision is based solely on your ideas, while at other times you accept staff recommendations with little discussion. But many decisions reflect a blending of Council and staff perspectives within parameters you set.
Policy and administration are inextricably intertwined, and it is the responsibility of both the elected officials and the City Manager to work continually to clarify what they are looking at and to define their roles in discussions and actions. Often you must rely on your best judgment and common sense to determine what policy is. It is not the dayto-day operations of departments - that’s administration. Yes, you are ultimately responsible for the way community services are provided and how things are run, but if you hire a City Manager, you will work through him or her to make sure things are handled. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
ADMINISTRATION AND MANAGEMENT
Once you have established policy, it is the job of your City Manager to administer or execute that policy. When a constituent complains of a missed garbage pick-up, potholes, or an overzealous police officer, working through your City Manager will help you serve that constituent most effectively. It is the City Manager’s job to know the most effective way to get action. The City Manager should also give you the staff support you need so that citizens recognize you as concerned and responsive. Also, your City Manager can tell you if a policy decision is needed from Council to deal with 35 the issue you have raised.
Although it is up to the City Manager you have selected to deal with personnel and administration issues on a day-to-day basis, you have a role to play too. There may be times when you have reason to believe that Council policies are not being properly administered, and in such cases, it is your responsibility to find out if your suspicions are valid. But do your checking through the normal chain of command. Sometimes, it might seem easier to check things out informally by contacting individual employees of the government whom you know socially. But that can undermine the authority you have delegated to the City Manager. Present the complaint to the City Manager and ask for a report. Then, if the situation is not remedied, the City Manager will have to answer to the Council for it.
Internal management involves actions the City Manager takes to put the resources of the organization to effectively use in getting things done. On a day-to-day basis, this is the Manager’s job. In Council-Manager communities, the Council also should regularly evaluate the performance of the City Manager as part of its assessment of internal management. (Chapter 1, Book 1, ICMA Elected Officials Handbook, Book)
APPOINTMENT OF CITY MANAGER
The Council shall appoint a City Manager, who:
(a) Shall serve at the pleasure of the Council;
(b) Shall be the chief administrative officer of the City; (c) Shall be chosen on the basis of administrative qualifications; (d) Shall be paid at a salary fixed by the Council commensurate with the responsibilities of the position;
(e) Shall not have served on the Council within one year immediately preceding the date of appointment.
During a period of ninety days immediately following the date of installation of any person newly elected to the Council at a regular or special municipal election or of any person newly appointed to the Council, the Council shall take no action, whether immediate or prospective, to remove, suspend, request the resignation of, or reduce the salary of, the City Manager. (Section 400, City Charter)
CITY MANAGER CONDUCT AT MEETINGS
The City Manager shall:
(a) Be accorded a seat at the Council table at all meetings of boards and commissions;
(b) Be entitled to participate in the deliberations of the Council, boards and commissions, but shall not have a vote;
(c) Receive notices of all special meetings of the Council, boards and commissions; (Section 410, City Charter)
36 APPOINTMENT OF THE CITY ATTORNEY
The Council shall appoint a City Attorney, who:
(a) Shall serve at the pleasure of the Council;
(b) Shall be the chief legal officer of the City;
(c) Shall perform such duties consistent with the Charter as may be required by the Council.
(d) Shall recommend to the Council proposals for additions to, deletions from, and amendments to the City Charter as are deemed necessary or desirable. (Section 425, City Charter)
CITY CLERK
The Council shall appoint a City Clerk, who shall serve at the pleasure of the City Manager and shall perform such duties consistent with the Charter as may be required by the Council.
The Council by ordinance may consolidate the office and functions of the City Clerk with that of the City Manager. (Section 435, City Charter) The City Manager shall, at all times assign an officer of the City to the duties of City Clerk, and such officer shall possess the requisite qualifications for such duties. Such assignment shall be approved by the City Council. (SLMC Section §1-2-110)
DEPARTMENTS AND DIVISIONS
The Council, by ordinance, shall create, reorganize, and abolish departments and divisions thereof as necessary for the proper administration of the City’s business. The City Manager shall appoint an administrative officer to head each department. Such department heads shall serve at the pleasure of the City Manager. The City Manager may also appoint an administrative officer of the City to serve as a deputy to perform any legally required act of a department head. (Section 420, City Charter)
NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE
The Mayor and Council Members shall not interfere with the execution of the powers and duties of the City Manager; this includes interference with hiring appointments or terminations of City staff. Except for inquiry, the Mayor and Council Members shall not direct any subordinate of the City Manager. The Mayor and Council must deal with the City Manager directly on all matters related to administrative service. (Section 345, City Charter)
All directions or requests from Councilmembers that requires city staff action or response must be raised with the City Manager. If the City Manager is unable to remedy the issue immediately, Councilmembers are encouraged to exercise patience and remember that the City Manager reports to the entire Council. There will often be instances when Councilmembers disagree, and the City Manager should be afforded the time to address the issue adequately.
37 NEPOTISM
No person shall be appointed to the office of Council Member or Mayor or any permanent salaried office or employment if such person is related by blood or marriage within the third degree to a Councilmember or Mayor or the appointing officer. (Section 705, City Charter)
POLITICAL ACTIVITY
It is prohibited for any person holding a position as an officer or employee to engage in any political activities of any kind while in uniform or during working hours. Also, no political activities shall be permitted on City premises. (SLAC §10.2.100, Gov. Code §3206 and §3207)
38 CHAPTER 6 – COMMUNICATIONS
MEMBERS OF THE PUBLIC ADDRESSING THE COUNCIL AT MEETINGS Any citizen may address the Council on any business concerning him/her, or affecting their interests; however, preference will be given to those who have first presented matters in the form of written communication, or who have notified the Presiding Officer of their desire to speak.
Any member of the public who wants to address the Council shall complete a “speaker card” and hand it to the City Clerk, or if attending the meeting via Zoom, raise their hand to speak. The Presiding Officer or City Clerk will announce the names from the speaker cards and/or Zoom. Once the individual’s name is called, that individual should proceed to the podium and wait to be recognized by the Presiding Officer.
After being recognized, the individual will speak directly into the microphone and for the record, shall state their name. Members of the public may submit speaker cards to address items listed under Public Hearings, Public Comments, Consent Calendar or Action Items. Speakers will address the City Council after the staff presentation has been completed.
The Presiding Officer shall have the power to change the order of business during a City Council Meeting if the number of persons in attendance warrants such a change.
Under the provisions of the Brown Act, the City Council is prohibited from discussing or taking action on an item not appearing on its posted agenda. Therefore, any issue raised under the Public Comments section of the agenda will be referred to staff for a decision about placing it on a future agenda for discussion, action, or report.
A. TIME LIMITATION
Any member of the public who speaks before the Council shall limit their address to two (2) minutes during Public Hearings. Members of the public who address the Council during Public Comments, Consent Calendar, or Action Items shall be limited to two (2) minutes, subject to the discretion of the Chair.
B. APPLICANTS AND/OR APPELLANTS – PUBLIC HEARINGS
Any applicant and/or appellant who speaks before the City Council shall limit their address to ten (10) minutes. This time limit will not be applied to speakers to whom constitutional due process applies. The City Attorney shall advise the City Council in this regard. Applicants and/or appellants shall be allowed five (5) minutes for rebuttal following public comments and before City Council comments and questions.
C. ADDRESSING THE COUNCIL AFTER MOTION IS MADE
After a motion has been made, or after a public hearing has been closed, no 39 person shall address the Council except to answer an inquiry of Council Members addressed through the Chair.
D. LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS
If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer should request that the speakers be succinct in their comments and not be redundant. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.
Any statements including 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, shall be referred without comment to the City Manager for appropriate action.
COUNCILMEMBER DELIBERATIONS
No Councilmember should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for more than five (5) minutes each time he/she has the floor, without the approval of a majority vote of the Council.
CORRESPONDENCE FROM THE PUBLIC
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. Any written Public Comment must be received no later than 11:59 p.m. the Sunday prior to the Monday City Council meeting. All written Public Comment submitted by the deadline will be distributed to the City Council no later than 3:00 p.m. on the day of the meeting and will be made part of the official record.
Written public comment will not be read aloud. Letters of appeal from administrative or Commission decisions shall be processed under applicable provisions of the Municipal Code or other ordinances. Communications specifically addressed to individual Councilmembers will be transmitted to them unopened.
The Administrative Staff in the City Manager’s Office is authorized to receive and open all mail addressed to the Council as a whole. Communications related to official business, and not necessarily requiring Council action, are referred to the City Manager for immediate attention, so that they may be handled between Council Meetings. The City Manager will provide a copy of such communication and response to each Councilmember. Copies of all other communications sent to Council as a whole will be reviewed by the City Clerk, and either transmitted to each member of the Council or, for routine, non-priority communications, filed in the Council office.
USE OF CITY LETTERHEAD OR CITY SEAL
All Councilmember correspondence written on City resources, i.e., letterhead, 40 staff support, postage, etc., unless explicitly stated that such correspondence are the views of the Councilmember individually and not those of the whole Council, shall reflect a majority position of the Council. All Councilmember correspondence using City resources shall be available to the full council. The City Clerk is the custodian of the official City Seal. The City Seal shall not be altered and is to be used only on official City documents. This rule does not apply to the Mayor.
COMMUNICATIONS WITH STAFF
Under the San Leandro City Charter Section 345, the City Council and its members, except for inquiry, shall deal with administrative services solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any of the subordinates of the City Manager. A Councilmember shall not direct staff to initiate any action, change a course of action, or prepare any report that is significant, nor shall a councilmember initiate any project or study without the approval of a majority of the Council.
Regarding an agenda item question, Councilmembers are encouraged to contact staff members to ask questions for clarification before the meeting at which the subject will be discussed.
41 CHAPTER 7 – RESOLUTIONS, ORDINANCES AND MINUTE ORDERS
METHOD OF ACTION
Actions of the City Council shall be taken by ordinance, resolution or motion. (SLMC, Section 1-1-300)
An ordinance or resolution may be adopted by motion and shall require the affirmative votes of a majority of the entire Council membership. (SLMC 1-1-305) ORDINANCES AND RESOLUTIONS – READING
At the time of its introduction or adoption, an ordinance or resolution shall be read by title only, unless a Councilmember or the Mayor requests that the ordinance or resolution be read in full. Any matter designated as a consent item regularly appearing on the City Council agenda and available for public inspection on the City’s website and in the City Clerk’s Office may, by the motion of the City Council, be deemed to have been read by title. (SLMC, Section 1-1-310) RESOLUTIONS – ADOPTION/EFFECTIVE DATE
Each Resolution shall become effective upon adoption, or at a later date specified within.
ORDINANCES – ADOPTION
No ordinance shall be adopted within five (5) days after its passage to print, at the first reading. (SLMC, Section 1-1-330) If an ordinance is passed to print by a unanimous vote of the whole Council, then the second reading to adopt the ordinance may be placed on a subsequent regular City Council meeting on the Consent Agenda.
ORDINANCES – ALTERATION PROHIBITED
No ordinance shall be altered as to a matter of substance after its passage to print at the first reading. Correction of typographical or clerical errors shall not constitute alteration as to a matter of substance.
(SLMC, Section 1-1-335)
ORDINANCES – EFFECTIVE DATE
Each ordinance shall be effective thirty (30) days after its adoption, or at a later date specified therein. Notwithstanding the above reference, an ordinance may be introduced and adopted at the same meeting, and shall be effective upon adoption, if it is an ordinance:
a) Relating to an election;
b) For the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency; c) Relating to public improvement proceedings;
d) Relating to taxes for the usual and current expenses of the City; e) Annexing territory to the City;
42 f) Covered by particular provisions of law prescribing the manner of its passage and adoption. (SLMC Section 1-1-345)
ORDINANCES – PUBLICATION AND POSTING
The title of each ordinance passed to print after the first reading shall be published once in a local newspaper and the City Clerk shall post a complete copy thereof on the City Council Chamber bulletin board for five (5) days before adoption. (SLMC, Section 1-1-325)
ORDINANCES AND RESOLUTIONS – AUTHENTICATION
The City Clerk shall authenticate by signature all ordinances and resolutions adopted by the Council. (SLMC, Section 1-1-320)
ORDINANCES – MAINTENANCE OF
A true and correct copy of all ordinances shall be kept and certified by the City Clerk, such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case, but shall be returned to the custody of the City Clerk.
Nothing herein contained shall be construed to prevent the proof of the passage and publication of an ordinance in the usual way.
COMPREHENSIVE CODES
The Council may adopt any comprehensive code of technical regulations by reference to an adopting ordinance. Any ordinance may be compiled into a comprehensive code which the Council may adopt by reference to an adopting ordinance. Comprehensive codes of regulations or ordinances adopted by reference need not be published, provided that copies thereof shall be available at the office of the City Clerk for use or purchase by the public. Repeal or amendment of codified ordinances, or additions to a comprehensive code, shall be accomplished by reference to numerical designations assigned thereto for arrangement and indexing of the comprehensive code.
43 CHAPTER 8 – COUNCIL COMMITTEES
The City Council may organize among its members standing committees, each of which shall act as a fact-finding committee to consider all available information on proposed legislation or matters of policy referred to such committee by Council and making recommendations thereon to the Council as a whole.
The Mayor shall assign each Councilmember to various standing committees. The assignments shall be ratified by the Council as a whole. The Mayor may also serve on various standing committees and be ratified by the Council as a whole. Participation and attendance at those committee meetings are important. Continued absences from meetings without good cause may result in removal from a committee at the discretion of the Mayor, taking into consideration advice from other committee members.
From time-to-time ad hoc committees may be organized by the Mayor to address special concerns which may be of limited duration.
It shall be the prerogative of the Mayor, taking into consideration relative length of Council service, individual Council Member preference and equivalency, to assign individual Council Members to these various committees. Normally appointments are for a one or two year periods but may be renewed at the Mayor’s discretion where Council Members have particular experience or expertise concerning the business of a particular committee.
STANDING COMMITTEES
The list of standing and Ad Hoc Committees and Committee assignments shall be revised from time to time as necessary.
COUNCIL COMMITTEE MEETINGS
It is the policy of the City Council that Council Committee meetings, as a general rule, be noticed and open to the public. A staff member shall be present at all committee meetings. It is also the policy of the City Council that all Council Committees adopt a schedule of regular meetings at least once a year, post a written agenda 72 hours before each of its regular meetings, limit discussion during its meetings to items on the posted agenda, provide an opportunity at the beginning of each meeting for comments from the public, and, if the committee elects to do so, adopt time limits for public comments at its regular meetings. Involuntarily adopting these procedural rules for its less-than-a-quorum committees, the City Council specifically declines to adopt the “cure and correct” provisions of the Brown Act for any purpose as to any action taken by a standing Council Committee. (The Brown Act, Chap. VII, 2.b) 44 Previous restrictions within the Brown Act had prohibited a fourth member of a sevenmember legislative body from attending a subcommittee meeting. The Attorney General considered the following exception to the definition of “meeting”:
“The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a majority of the members do not discuss among themselves other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of a local agency.” The Legislature amended the Brown Act in 1997 and slightly modified the notice requirements for standing committees of the City Council. A majority of a legislative body may now attend an open and noticed meeting of a standing committee within their agency if they only observe the proceedings. (Government Code Section §54952.2)
If members of a local legislative body attend a meeting of a standing committee in which they are not a member, the observing members should sit in the audience and refrain from making any comments or asking any questions.
It is the policy not to hold joint Council-Committee meetings nor joint Sub-Committee meetings. An item that might be considered for such a meeting should be scheduled for a work session of the whole Council.
45 CHAPTER 9 – BOARDS AND COMMISSION
GENERAL
The City Council, by ordinance, shall create boards and commissions as necessary to facilitate governmental operations in all appropriate fields, including, but not limited to:
Arts, Culture and Library Commission
Bicycle and Pedestrian Advisory Committee
Community Police Review Board
Human Services Commission
Personnel Relations Board
Planning Commission/Board of Zoning Adjustments
Recreation and Parks Commission
Rent Review Board
Senior Commission
Youth Advisory Commission
An ordinance that creates a board or commission shall specify its powers and duties, number of members and their terms of office, and other matters as the Council deems appropriate. The Council by ordinance may consolidate, reorganize, and rename any of such boards and commissions, provided that no board or commission shall be abolished except upon a determination by the Council, after public hearing, that the functions of such board or commission are no longer necessary for the proper administration of the City’s business. The City Manager shall designate the officers and employees who shall provide staff assistance to each board and commission. (City Charter, Section 350 and SLMC Section 1-3-100)
ELEGIBILITY AND QUALIFICATIONS
No employee of the City shall be eligible to hold office as a Board or Commission member, except members of the Youth Advisory Commission or as required by ordinance. (SLMC 1-3-125)
MEMBERS – DISTRICT REPRESENTATIONS
No change in Council Member District boundaries shall operate to disqualify an incumbent from office before the expiration of the term for which such member was appointed. (SLMC, Section 1-3-110)
46 APPOINTMENTS, TERMS, METHOD
The members of each of such boards or commissions shall be appointed by the Council. They shall be subject to removal by the Council without cause, notice or hearing.
Board and Commission members, except Youth Advisory Commission Members, shall hold office commencing from the date of appointment until their respective successors are appointed and qualified. The terms of Board and Commission Members shall terminate upon the expiration of the regular term of the Mayor or Councilmember representing a Council Member District or at- large position from which the Board or Commission Member was appointed.
Youth Advisory Commission Members shall hold office for one (1) year and until their respective successors are appointed and qualified. Youth Advisory Commission Members may be appointed for up to four (4) consecutive terms. A vacancy shall be filled by appointment for the unexpired remainder of the term. (SLMC, Section 1-3- 115)
Newly-elected Council Members or a newly-elected Mayor may begin circulating the applications of individuals to be considered for nomination to board and commission positions after they officially assume office.
Nominations to Boards and Commissions shall be scheduled on a City Council agenda, once the nomination is approved by the City Council, appointment of the Member will be scheduled for adoption at the next regular City Council meeting.
In the interest of ensuring that City Boards and Commissions are operating effectively and that all areas of the City are represented as recommendations and decisions are being made, the City Councilmembers will use their best efforts to fill Board and Commission vacancies within 60 days after such vacancies occur.
Additionally, after the seating of a new City Council following a municipal election, Councilmembers will use their best efforts to make new appointments or reappointments within 60 days. To assist the Council in making its appointments, the City Clerk will collect all current applications and forward them to the appropriate Councilmembers immediately after the new Council is seated. As additional applications are received during this period, they will be forwarded to the appropriate Councilmember immediately upon receipt until all appointments and reappointments have been made.
At the City Council meeting that occurs on the first Monday 60 days after a new Council is seated, the City Clerk will schedule an agenda item on the subject of unfilled Board and Commission appointments at which time the City Council will discuss such remaining vacancies. There will be no penalty assessed against any Councilmember who has not made such appointments within the 60 days. 47 VACANCIES
Any vacancies on any board or commission, from whatever cause arising, shall be filled by appointment by the Council. Upon a vacancy occurring, leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If members of a board or commission absent themselves from three consecutive regular meetings of each board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the City, their office shall become vacant and shall be so declared by the Council.
Government Code §54974 provides that whenever an unscheduled vacancy occurs, a special vacancy notice shall be posted in the office of the City Clerk, and as may otherwise be directed by the City Council, within 20 days after the vacancy occurs; and that final appointment to fill such vacancy shall not be made for at least 10 working days after such posting.
It shall normally be the policy to take applications on a regular ongoing basis; applications shall be considered current for two years from the date received. The City Clerk shall prepare an appointments list of all regular and ongoing boards and commissions that are appointed by the City Council, which shall contain the information required in said section. All efforts will be made to provide public information relative to vacancies prior to such appointments.
PROCEDURES FOR MAKING APPOINTMENTS AND REAPPOINTMENTS
Any person who wants to be considered for an appointment to any City board or commission, including incumbent board or commission members, must complete an application indicating on which board or commission they desire to serve. Persons shall be limited to serving on only one board or commission at a time.
Any appointees shall comply with appropriate provisions of the law relative to disclosure of financial interests, if applicable.
It shall be the policy of the City Council not to appoint any person to a board or commission who would have continually recurring conflicts of interest requiring abstentions, or an excessively high percentage of such situations.
ATTENDANCE POLICY
The City Council requires that members of boards and commissions abide by the following policies:
1. Members of boards or commissions shall be required to attend not less than 75% of all regular meetings held;
2. Failure by a member to attend three consecutive regular meetings of a board or commission will be cause for Council declaring the member’s position vacant;
48 3. Attendance records will be reviewed by the City Council once a year based on the previous 12-month period, except for appointments effective July 1st or thereafter;
4. Failure to attend mandated training will be cause for Council’s declaring a member’s position vacant.
5. All mandatory trainings must be completed within three months of appointment. Council members will be notified of non-compliance.
MEMBERS – COMPENSATION AND EXPENSES
Members of boards and commissions shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of official duties. (SLMC, Section 1-3-130) 49 CHAPTER 10 – BOARDS AND COMMISSIONS PROFILES
Arts, Culture and Library Commission
Bicycle and Pedestrian Advisory Committee
Community Police Review Board
Human Services Commission
Personnel Relations Board
Planning Commission/Board of Zoning Adjustments
Recreation and Parks Commission
Rent Review Board
Senior Commission
Youth Advisory Commission
INTERNAL COMMITTEES
Disaster Council
Facilities and Transportation Committee
Finance Committee
Rules Committee
Tax Oversight Committee
OUTSIDE AGENCY APPOINTMENTS
AC Transit/City of San Leandro Interagency Liaison Committee Alameda County Fire Advisory Commission
Alameda County Mosquito Abatement District, Board of Trustees Alameda County Transportation Commission, Board of Directors Alameda County Waste Management Authority, Board of Directors Association of Bay Area Governments (ABAG), General Assembly East Bay Community Energy, Board of Directors
East Bay Dischargers Authority, Commission
Housing Authority of Alameda County, Housing Commission League of California Cities, East Bay Division, Board of Directors Port of Oakland, Oakland Airport/Community Noise Management Forum San Leandro Improvement Association, Board of Directors 50 ARTS, CULTURE AND LIBRARY COMMISSION
DESCRIPTION OF BOARD DUTIES
The Arts, Culture & Library Commission makes recommendations to the City Council regarding policies related to the development, promotion, celebration, expression, and placement of cultural events, stories, histories, or visual and performing arts that are of the highest quality, visually stimulating, of enduring value and will culturally enrich the San Leandro community; works cooperatively with public and private agencies to increase opportunity and awareness of and procure space for public art and cultural expression; and makes recommendations to the City Council regarding policies for the use and improvement of City libraries and the acceptance of donations or submission of art and other matters of arts and culture in the community.
MEMBERSHIP
The commission shall consist of nine (9) members. The Commission is comprised of 1 member representing each district and 3 at-large members. Members of the Arts, Culture & Library Commission are required to file an annual Statement of Economic Interest.
Four (4) Year Term
MEETING SCHEDULE
Meets the third Tuesday of every month at 7:00 PM, in the Main Library, 300 Estudillo Avenue.
51 BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
DESCRIPTION OF BOARD DUTIES
The Committee shall advise staff on matters relating to the status and condition of bicycle and pedestrian facilities within the City.
MEMBERSHIP
The committee shall consist of eleven (11) members. The membership shall include at least one member from each of the six (6) Council Member Districts, and at-large members appointed by the Mayor. There shall be no age limit for BPAC members, the selected members shall represent both bicyclist and pedestrian issues and be approved by City Council.
MEETING SCHEDULE
Meets as-needed, at least once or twice per year.
52 COMMUNITY POLICE REVIEW BOARD
DESCRIPTION OF BOARD AND DUTIES
The Board shall:
1. Receive at least 30 hours of training within the first 90 days after appointment including:
a. Participate in a ride along with the police department in a four-hour minimum shift; and
2. Monthly in-person meetings
a. Two unexcused absences or three excused absences for any cause in a calendar year may result in removal from the Board.
MEMBERSHIP
The board shall consist of nine (9) members. The membership shall include one member from each of the six (6) Council Member Districts, an at large member appointed by the Mayor pursuant to Section 1-3-110 of this Code and two Student Members (18-22), as defined by San Leandro Municipal Code section 1-3-110.
1. Each member shall be a resident of the city.
2. Subject to the receipt of enough qualified applicants, the Council must appoint a majority of members to the board who reflect the diversity of the City, by including members who represent the City’s diverse geographic areas and socio-economic, cultural, racial, ethnic, gender, gender identity, sexual orientation, and age differences, and who have differing personal backgrounds, education, occupations, and life experiences.
3. To ensure the board’s independence from the San Leandro Police Department and other law enforcement agencies, no current or former employee of a police department or other law enforcement agency may serve on the board. In addition, no immediate family or household member, defined as the parent, spouse, domestic partner, sibling, child, or cohabitant, of a law enforcement officer, who works or worked for a law enforcement agency, may serve on the board. For purposes of this prohibition, law enforcement agencies include police departments of all cities, as well as all public agencies, county, state, and federal law enforcement officers, and city, county, state, and federal prosecutors and public defenders.
4. Practicing attorney’s who handle or are members of firms or entities that currently handle criminal or civil matters involving law enforcement agencies are ineligible to serve on the board.
MEETING SCHEDULE
Meets the third Wednesday of every month at 6:00 PM, in the Surlene Grant Community Room.
53 HUMAN SERVICES COMMISSION
DESCRIPTION OF BOARD AND DUTIES
The Commission shall advise the Council on all matters relating to social conditions within the City, assess and report to the Council the social needs of the people, recommend to the Council methods for meeting such needs, and assist the Council in marshalling the human resources necessary to accomplish the foregoing. In discharge of this responsibility, the Commission shall:
a) Evaluate social services being provided within the City, and provide advice and assistance toward coordination thereof;
b) Provide motivation for the development of new social services as the need therefor is determined;
c) Coordinate the efforts of social service agencies to raise funds from the community;
d) Assist in the procurement of grants from public and private funding sources;
e) Study proposed programs and proposed budgets of social service agencies requesting City assistance and recommend Council approval or disapproval of such programs, budgets and requests. The Commission shall conduct periodic reviews of such programs and budgets and shall report to the Council on the implementation of such programs and expenditures of City funds and physical resources therefor.
MEMBERSHIP
The commission shall consist of nine (9) members. The Commission is comprised of 1 member representing each district and 3 at-large members.
Four (4) Year Term
MEETING SCHEDULE
Meets fourth Wednesday of every month; 7:00 p.m., City Hall, Sister Cities Gallery 54 PERSONNEL RELATIONS BOARD
DESCRIPTION OF BOARD AND DUTIES
The Board shall:
a) Adopt comprehensive rules for the administration of a merit personnel program.
Any such rules relating to personnel classification, compensation, or benefits, or otherwise significantly affecting City expenditures, shall be subject to Council approval;
b) Provide for the hearing of appeals from administrative action taken against any member of the merit personnel system for whom no other appeal procedure exists, and the submission of findings and recommendations after hearing to the City Manager;
c) Provide for the hearing and determination of grievances, establishment of appropriate units, and allegations of unfair labor practices, in matters for which no other procedure exists;
d) Provide advice regarding personnel relations matters upon request of the Council or the City Manager.
In the conduct of its hearings, the Board may:
a) Issue subpoenas requiring attendance of witnesses and production of books, documents or other things before it;
b) Administer oaths and affirmations.
MEMBERSHIP
The board shall consist of five (5) Members At-large.
Four (4) Year Term
No person shall be eligible to hold office as a Personnel Relations Board member who has held a salaried non-elective office or employment with the City within the preceding year. No person shall be eligible to hold a salaried non-elective office or employment with the City who has held office as a Personnel Relations Board member within the preceding year.
MEETING SCHEDULE
Meets third Thursday of first month each calendar quarter at 5:30 p.m., City Hall, Human Resources Conference Room
55 PLANNING COMMISSION/BOARD OF ZONING ADJUSTMENTS
DESCRIPTION OF BOARD AND DUTIES
The Commission shall:
a) Hear and recommend to the Council on proposals to adopt, amend or repeal a general plan for the physical development of the City; b) Exercise such functions with respect to land subdivisions, planning, zoning and future right-of-way lines as are prescribed in Chapters 3, 13 and 16 of Title VII of the San Leandro Municipal Code;
c) Possess the powers and perform the duties prescribed by statute.
MEMBERSHIP
The commission shall consist of seven (7) Members. The Commission is comprised of 1 member representing each district and 1 at-large member .
Four (4) Year Term
MEETING SCHEDULE
Meets third Thursday of every month; 7:00 p.m., City Hall, Council Chambers 56 RECREATION AND PARKS COMMISSION
DESCRIPTION OF BOARD AND DUTIES
The Commission shall:
a) Recommend policies for the management and improvement of all property used for recreational purposes by the City;
b) Recommend plans for the future development of the recreation program to meet the needs of the City;
c) Interpret the City’s recreation programs and plans to the people; d) Advise the Council on all matters concerning the cultural state of the City; e) Report to the Council the cultural needs of the City; f) Recommend to the Council the means for fulfilling the cultural needs of the City; g) Provide liaison between the council and all cultural organizations operating within the local community;
h) Coordinate cultural activities within the City;
i) Devise and recommend to the Council implementation of procedures for establishing and maintaining appropriate relationships with non-local cultural organizations; j) Assist all cultural organizations operating within the local community to develop a high level of community participation in cultural endeavors and activities; k) Study proposed programs and proposed budgets of cultural organizations making requests of the City and recommend Council approval or disapproval of any proposed program or budget for which City funds are requested. No such program or budget involving City assistance or City funding, or the use of City property, shall be implemented without approval of the Council.
l) Conduct periodic audits of Council-approved programs and budgets and report to the Council on the implementation of such programs and expenditures of City funds therefor; m) Coordinate and provide for the execution of appropriate programs in the City in order to stimulate interest in and advancement of the arts.
MEMBERSHIP
The commission shall consist of nine (9) Members (one member from each Council District; one member from SLzUSD; one member from SLUSD; and one at-large member).
Four (4) Year Term.
MEETING SCHEDULE
Meets first Wednesday of every month; 7: 00 p.m.; City Hall, Sister Cities Gallery 57 RENT REVIEW BOARD
DESCRIPTION OF BOARD AND DUTIES
The Board shall:
a) Hear and decide upon rent disputes as requested and submitted in writing to the City Manager according to Ordinance No. 2001-08.
b) After hearing both parties (landlord and renter), the Board will make a recommendation to the parties for the resolution of their dispute. c) If the resolution proposed is agreed upon by both parties, they may formalize the agreement in a standard form signed by both parties. Neither the City nor the Board shall be a party to such an agreement, nor shall the City of Board assume responsibility for enforcement of its terms.
d) The matter may, if the parties are unable to mutually agree to a resolution, be referred to the City Council for further consideration. e) The Board shall annually prepare a report to the City Council assessing the effectiveness of the rent review program.
MEMBERSHIP
The board shall consist of five (5) members. Two (2) members of the Board shall be tenants, two (2) members shall be landlords, and one (1) member shall be neither a tenant nor a landlord. One (1) of the landlord members may reside outside the City of San Leandro.
Four (4) year term.
MEETING SCHEDULE
Meets fourth Tuesday of every month on an “as-needed” basis, 7 p.m., City Hall, City Council Chambers
58 SENIOR COMMISSION
DESCRIPTION OF BOARD AND DUTIES
The Commission shall:
a) Advise the City Council on matters relating to the status and condition of senior citizens within the City,
b) Assess and report to the Council the social, health and other needs of senior citizens;
c) Recommend to the Council methods of meeting such needs; and d) Assist the Council in marshaling the resources necessary to accomplish the foregoing.
In discharge of this responsibility, the Commission shall:
a) Assess the social, economic, education, cultural, emotional and other needs of senior citizens within the City and create citizen awareness of those needs; b) Conduct informational hearings on matters affecting senior citizens in the community;
c) Monitor legislative developments concerning senior citizens, and inform the City Council, seniors, and the public of such developments;
d) Encourage better coordination in the delivery of services to senior citizens, seek to improve the quality of such services, and foster increased communication between providers of such services within the community and the residents of the City, through voluntary public and private initiatives;
e) Assess paratransit and other transportation needs of the community’s senior citizens, and make recommendations to enhance transportation services for senior citizens; f) Review the City Manager’s budget recommendations as they affect programs concerning senior citizens, as part of the City’s annual budget process; g) Advise and make recommendations to the City Council on all matters relating to the community’s senior citizens, including delivery of city services; funding for senior services, facilities, and programs except funding provided through the Community Assistance Grant funding process; and availability of various funding opportunities for senior citizen-related programs and services that may be available to the City; h) Consider and act upon as necessary all matters relating to the social needs of senior citizens, and all other matters relating to senior citizens heretofore referred to or considered by the Human Services Commission;
i) Consider and act upon as necessary all matters relating to recreation and cultural programs targeted to senior citizens, policies for the management and improvement of any public facility dedicated for the use of senior citizens, and all other matters relating to senior citizens heretofore referred to or considered by the Recreation and Parks Commission.
MEMBERSHIP
The commission shall consist of nine (9) members. The Commission is comprised of 1 59 member representing each district and 3 at-large members.
Four (4) year terms.
MEETING SCHEDULE
Meets third Thursday of each month, 10:00 a.m., Senior Community Center 60 YOUTH ADVISORY COMMISSION
DESCRIPTION OF BOARD AND DUTIES
The Commission shall do all things necessary to identify the role and responsibility of the City of San Leandro in relation to the youth of the City and to assist the Council in identifying those programs, projects and activities which will promote the general welfare of youth in the City. The Commission shall undertake its powers and duties and shall report directly to the City Council from time to time. In addition the Commission shall:
a) Identify and study the social, economic, education, cultural and emotional needs of the youth of the community and to create citizen awareness of those needs; b) Advise and make recommendations to the City Council on the matters affecting the youth of San Leandro;
c) Provide advice and assistance to other City boards and commissions, to City departments, to school districts, and to private and voluntary agencies on matters concerning local youth;
d) Increase public awareness of problems affecting young people; e) Suggest specific program areas in which the needs of youth are not being met and will not be met by other organizations;
f) Provide opportunities for the youth of San Leandro to learn about and appreciate the variety of services and programs provided by local government; g) Foster mutual understanding, respect and communication among teen groups of all races, religions and nationalities;
h) Encourage teen leadership and responsibility through involvement; i) Provide coordination of community youth activities and the promotion of cooperative relationships among the various youth organizations in the City.
MEMBERSHIP
The commission shall consist of twenty-one (21) members (three members from each Council District/three at-large members).
One (1) Year Term.
MEETING SCHEDULE
Meets first and third Mondays, 6:15 p.m., Marina Community Center 61 APPENDIX A – SETTING THE MAYOR’S SALARY
PURPOSE OF THE GUIDELINES
It is hereby acknowledged that the Mayor of San Leandro, as the official representative of the City and working on behalf of the City Council, historically has worked for the City as Mayor for more than half time per week. It is also acknowledged that each Mayor has special City-related projects that typically require additional time per week in order to complete. It is further acknowledged that the Mayor’s salary is fixed by ordinance that can be modified by Council action at any time. It is acknowledged that the City Council wishes to retain its jurisdiction to review the Mayor’s salary. Should the City Council approve a change in the Mayor’s salary, the Mayor’s salary becomes operative thirty days after City Council adoption of the enabling ordinance.
The purpose of this policy is to standardize, define, and document the criteria to be used by the City Council in the determination of the Mayor’s salary.
BASE SALARY
The base salary for the Mayor shall be two (2) times the amount paid to City Council members.
SALARY-INCREASES
The Mayor may request that the City Council consider awarding them a salary increase up to an amount not to exceed three (3) times the amount of the set Councilmember salary. The Mayor shall submit in writing to the City Council Rules Committee a personally composed statement requesting such increase and justifying the request by providing at least the following information:
Specific and measurable accomplishments of the previous year including but not limited to those related to the City Council’s Vision Statements and City Council consensus building/team building successes;
Their intentions regarding part-time vs. full-time commitment for the upcoming year;
Prospective plans regarding special projects for the upcoming year, and Specific, measurable goals to be accomplished on behalf of the City described in terms of the then current City Council’s Vision Statements.
The Mayor may submit a request to the Rules Committee and the Rules Committee may consider a request by the Mayor after the first year of the Mayor’s term in office. The City Council Rules Committee shall be required to review the Mayor’s salary increase request no more frequently than once per year. It is the intent of these Guidelines that the Mayor’s salary not be reduced during their term in office or, upon re-election, in an immediately subsequent term.
62 OTHER BENEFITS AFFORDED THE MAYOR
It is hereby acknowledged that the Mayor has historically been afforded additional benefits ex- officio. These shall include, but not be limited to:
Car allowance of a flat $375 per month, which shall be in lieu of the $125 travel reimbursement afforded other Councilmembers;
Use of the Mayor’s office in City Hall;
Use of computer located in the Mayor’s office in City Hall Use of the City’s voicemail system for recording of telephone messages (Adopted on February 4, 2002; Minute Order No. 2002-13) 63 APPENDIX B – GUIDELINES FOR COUNCIL MEMBER CORRESPONDENCE
PURPOSE OF THE GUIDELINES
These guidelines are to provide guidance should a Councilmember want to transmit their individual opinions to elected officials and/or other governmental agencies. The guidelines are intended to specifically address individual Councilmember correspondence to a governmental agency and/or another elected official regarding issues that staff has been given direction to pursue via a negotiation process or other form of resolution.
These guidelines are not intended to in any way restrict Council written communication with constituents and do not apply to personal correspondence with elected officials.
GUIDELINES
As a matter of protocol, a Councilmember should, when sending correspondence described above, contact the City Manager and Mayor to indicate their intent to send a letter so that the Councilmember may be briefed on the current status of staff work of which the specific Council member may not be aware.
The balance of Council and City Manager, as a matter of courtesy, should be given a copy of the letter, which should be noted on the letter (cc :). (Adopted April 5, 1999)
64 APPENDIX C – GUIDELINES REGARDING COUNCIL SUPPORT FOR OR
OPPOSTION TO BALLOT MEASURES
PURPOSE OF THE GUIDELINES
The purpose of these guidelines is to describe the City Council’s policy regarding support for ballot measures on local, state or national matters.
GUIDELINES
The City Council as a group will not adopt a formal position in favor of or in opposition to ballot measures unless such ballot measure has a direct benefit to or impact on a significant portion of the community of San Leandro or the City of San Leandro.
Councilmembers requesting City Council support or opposition to a measure shall first receive consensus from the body to place said support or opposition on a future agenda for Council discussion and consideration.
No public funds shall be used in any support for or opposition to any measure.
Nothing in these Guidelines is intended to discourage or inhibit individual council members from expressing their individual support for or opposition to any ballot measure.
(Adopted on October 4, 2010; Resolution 2010-127)
65 APPENDIX D – DEADLINES FOR CITIZEN APPOINTMENTS TO AIRPORT
RESEARCH GROUPS, ADVISORY COMMITTEES AND FORUMS
Citizen appointments to any airport research group will be for a period of four years.
Appointments to any advisory committee or community forum will be for a period of two years. The City Council will retain the discretion of extending an appointment as appropriate, depending upon the subject and term of the group or forum. At the end of a term, an appointee will continue to serve until a successor has been selected.
Any vacancies in any group, committee or forum, from whatever cause arising, shall be filled by appointment by the City Council.
When an appointment is necessary for citizen representation to a group, committee or forum, the City Council Airport Committee will direct staff to announce the application period to the community. That announcement may be by direct mail to interested individuals or homeowner groups, by advertisement in the local newspaper, or other method as appropriate.
Any person desiring to be considered for an appointment to any airport research group, advisory committee or forum shall complete an application as provided by the City. The
application will request the individual’s name and contact information; present employer; any City Boards or Commissions served on; relevant education, experience or training; and qualifications to serve in that capacity.
The Airport Committee will review the applications that have been received and direct staff to invite appropriate applicants to an interview by a Subcommittee of the Airport Committee.
Based on information provided by the applicant and the recommendation of the subcommittee interview, a recommendation will be made to the City Council for the appointment by motion at a City Council meeting.
Should the Airport Committee deem it appropriate to direct a citizen appointee to vacate their appointment, such direction will be approved by the City Council, and a notice will be sent to the appointee in writing from the Mayor or City Manager, identifying the date when said appointment will terminate.
If an appointee absents themselves from three consecutive regular meetings of any group, committee or forum, unless by permission of the City Council Airport Committee, or is convicted of a crime involving moral turpitude, or ceases to be a resident of the City, their appointment shall become vacant and shall be so declared by the Council.
Appointees to any research group, advisory committee or forum shall receive no compensation for their services.
(Adopted August 1, 2005; Resolution No. 2005-120)
66 APPENDIX E – SAN LEANDRO SISTER CITY AND FRIENDSHIP CITY
GUIDELINES
CRITERIA FOR ESTABLISHING A SISTER CITY AND FRIENDSHIP CITY AFFILIATIONS In adherence to the goals of President Eisenhower’s People to People Program to offer opportunities for people of all ages to experience, explore and absorb other cultures through long-term partnerships, the City of San Leandro sets forth the following guidelines for developing its Sister City and Friendship City affiliations. These relationships are intended to transcend transitory political or social concerns, and lead to ongoing community involvement with Sister City and Friendship City regions and people.
It is recognized that Friendship City affiliations are less formal and more limited in scope than Sister City affiliations, consisting of less administrative and financial expectations.
SISTER CITY SELECTION CRITERIA
a) A city chosen for a Sister City affiliation should be located in a country that has established diplomatic relations with the United States. There should be the potential for genuine people-to-people contact; communication and visitation should be able to occur freely in both directions.
b) The proposed city should be similar in population, and/or role in the region, and/or have cultural, educational, socio-economic, governmental, or other tangible features in common with San Leandro, making it an appropriate Sister City. c) There must be residential community and cultural ties between San Leandro and the proposed city. The relationship should not be economically driven. d) The proposed city must be in a country not already represented by San Leandro’s Sister Cities, and ideally, to maintain balance in the program should be of a different linguistic or cultural group than San Leandro’s existing Sister Cities.
FRIENDSHIP CITY SELECTION CRITERIA
a) A city chosen for a Friendship City affiliation should be located in a country that has established diplomatic relations with the United States. b) The proposed city should have cultural, demographic, economic, or other tangible features similar to those of San Leandro.
COMMUNTY INVOLVEMENT
It is acknowledged that the Sister City affiliations with Ribeirao Preto, Ponta Delgada and Naga are long standing and were formed in a cooperative effort between City and community representatives.
For all new Sister City and Friendship City affiliations, there should be an organized group of residents and business owners in San Leandro willing and capable of supporting and building the relationship. For new affiliations, viability of the organization 67 should be demonstrated by submitting their statement of intent for review by the City Council Human Relations Committee. Their statement should include:
a) Planned activities for the first year of the relationship. b) A list of volunteers, professionals or other organizations committed to supporting the program and responding in a timely fashion to overtures from the Sister City or Friendship City, to working with City staff, and to representing the City of San Leandro with competence and integrity.
c) For Sister Cities, a budget for the first year of activities, showing the funds and/or commitments to contribute materials, services or time to meet the budget requirements.
d) For Sister Cities, plans for on-going financial and personal support of the relationship. e) For Friendship Cities, plans for on-going personal support of the relationship.
RESPONSIBILITIES OF THE CITY OF SAN LEANDRO
a) Requests for establishing a Sister City or Friendship City affiliation and the community organization’s implementation plan and budget, where appropriate, will be reviewed by the City Council Human Relations Committee, with a recommendation to the City Council as appropriate.
b) When appropriate, the City will organize and carry out community receptions and/or events to acknowledge the formal visit of the Mayor or other elected officials from a Sister City when an invitation has been extended by the San Leandro Mayor or City Council, and when that Sister City is not represented by a community organization (Ribeirao Preto, Ponta Delgada, or Naga). The City Council Human Relations Committee will recommend the reception and/or event activities. Community receptions and/or events for Friendship City dignitaries will be the responsibility of the community group sponsoring the affiliation.
c) Informal visits by Sister City or Friendship City dignitaries will be acknowledged by a meeting or luncheon with the Mayor and/or City Councilmembers, depending upon the availability of City officials and the visiting dignitaries. If advance planning permits, such plans for a meeting or luncheon will be reviewed by the City Council Human Relations Committee. If the visit does not provide adequate time for Committee review, the Mayor will report to the City Council all official activities that took place during the visit.
d) Generally, the City will not fund travel nor reimburse for travel or lodging expenses for visitors coming to San Leandro without prior approval by the City Council, and only for those instances to reciprocate for prior hosted accommodations by the Sister City.
There is no expectation that the City will fund travel or lodging expenses for visitors from Friendship Cities.
e) The City may terminate a Sister City or Friendship City affiliation if, after considering such factors as community involvement, length of no contact or visits, funding, etc., it determines that continuation of the affiliation is not in the best interest of the City.
CITY OFFICIAL VISITS TO SISTER CITIES AND FRIENDSHIP CITIES When a City Councilmember initiates a request to visit a Sister City or Friendship City, 68 such request will be made in writing to the City Council, including the proposed itinerary, how the travel and expenses will be funded, and other assistance the City will be asked to provide (i.e. gifts to be presented by the Councilmember). The cost of travel shall be covered by the Councilmember; the Councilmember’s travel budget shall not be used. The Mayor will send appropriate correspondence to the Mayor of the Sister City or Friendship City.
When an invitation is received from a Sister City or Friendship City for San Leandro officials to visit that city, the City Council shall review the invitation or request, including what expenses, if any, have been offered by the Sister City. The City Council will then consider recommendations from the City Council Human Relations Committee regarding who will represent the City and how the travel and expenses shall be funded.
GIFTS
Gifts or memorabilia presented to a representative of the City of San Leandro which are intended for the City shall become the property of the City. All gifts received by individual City Councilmembers are subject to applicable Fair Political Practices Commission and Government Code reporting requirements.
(Adopted July 2, 2007; Resolution No. 2007-093)
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