U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). (D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952. (E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in
response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (4) To consider action on a request from a member to participate in a meeting remotely due to emergency circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The legislative body may approve such a request by a majority vote of the legislative body. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 5. Section 54954.2 is added to the Government Code, to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not
be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). (D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952. (E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (e) This section shall become operative January 1, 2026.
SEC. 6. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hospital room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.
SEC. 7. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings.
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CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations when decisions are made as to time, location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to the public. (Charter § 502)
1.1.2 REGULAR MEETINGS
1.1.2.1 The regular business meetings of the Council shall be held on the first and third Tuesday of each month at the hour of five-thirty p.m. (5:30 p.m.) or at such other time as may be designated on the agenda giving notice of the business meeting and posted at the same time and in the same manner as required by State law.
Regular closed session meetings of the Council shall be held on the first and third Tuesday of each month at the hour of four-thirty p.m. (4:30 p.m.) or at such other time as may be designated on the same agenda giving notice of the business meeting. In the event that a regular meeting of the council falls on a legal holiday, then the regular meeting shall be held at the same place and time on the next succeeding working day (Ord. 1623)
1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street, in the City of San Luis Obispo. (Ord. 677) Council meeting will also be streamed via teleconference when held in City Hall only.
1.1.2.3 It shall be the policy of the City Council to complete meetings, including closed sessions, by 11:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 11:00 p.m. the City Council has not concluded its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 11:00 p.m., continue any remaining items, or adjourn the meeting to another date and time.
1.1.2.4 A regular meeting may be canceled by a majority vote of the Council.
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1.1.3 STUDY SESSIONS (Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions between staff, advisory bodies, consultants, the public, and the City Council regarding specific programs, projects or policies. Council may provide direction, but no formal action will be taken during a Study Session. Study Sessions may be conducted in a variety of formats, including Public Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City limits convenient to Council and advantageous for public participation.
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the City Council on no less than 24 hour notice and as otherwise specified by Government Code § 54956) (Ord. 959)
1.1.4.2 Any special meeting held at a place other than City Hall shall be open to the public. Such meetings shall be held within the city limits.
Notice requirements of the Brown Act shall be complied with for any such meetings; regular minutes shall be taken by the City Clerk and shall be available for public inspection. Meetings not held in City Hall will not be streamed through teleconference.
1.1.5 USE OF COUNCIL CHAMBER
1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to use the facility, the City Manager shall have authority to make the final decision. The following rules are established as a guide:
a. Use of the Council Chamber by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency.
b. Favorable consideration shall be given to other governmental agencies and non-profit groups during regular business hours only, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c). These groups will be charged for the use of the Council Chamber at the same rate charged governmental agencies and non-profit groups for use of the Community Room at the City/County Library. No events of a commercial nature shall be allowed. The Council Chamber will not be available for use by any non-City organizations during non-business hours, unless otherwise approved by the City Manager (see exception noted in Section 1.1.5.2.c).
Council Policies & Procedures Manual 20223 - Adopted 04/19/202205/02/2023 Page 3 c. With the approval of the City Manager, other local governmental agencies may use the Council Chamber for the purpose of live or teleconferencing public hearings and/or public meetings during regular or non-business hours. The fee charged shall be the same rate charged governmental agencies for use of the Community Room at the City/County Library, in addition to the cost for services provided by the City for teleconferencing operations.
d. No admission shall be charged. No events featuring the service of food or drink shall be allowed.
e. Regularly scheduled meetings by other agencies and groups shall be discouraged.
f. Meetings being held to advocate the election or re-election of a particular candidate for political office shall not be allowed.
However, the Council Chamber may be used for a Candidate and/or City Ballot Measure Forum where the public and all candidates and/or proponents/opponents to a City ballot measure or candidates for a particular public office have been invited. Any candidate/ ballot measure forums to be held in the Council Chamber shall not include City staff services.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor, and permitted under the Charter sanctioned instructions for the City Manager to inform and advise the Council of matters necessary to the proper operation and well-being of the City.
The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section 1.2.7). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance should be scheduled ahead of other items). On a rotating basis, individual members of the Council shall attend agenda review meetings with the City Manager and department heads held on the morning
Council Policies & Procedures Manual 20223 - Adopted 04/19/202205/02/2023 Page 4 of the City Council meeting to discuss issues and to review upcoming agenda items. In addition, the City Manager, City Attorney and City Clerk review the agenda materials with the Mayor. The final agenda is set subject to the approval of the Mayor, after consultation with the City Manager, City Attorney and City Clerk.
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by submitting a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an urgency item on an agenda with a minimum of 72 hours legal notice and a memorandum from the Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, urgency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties and responsibilities, shall be timely placed on the City Council agenda by staff, who shall comply with the City’s approved Council Agenda Preparation Policy. In the event that an advisory body desires to bring a matter of special consideration to the City Council (new ideas or concerns, for example), it may request that the item be placed on a future agenda by submitting a written request to the Council approved by a majority of the advisory body members and signed by the Chair. During Communications, any member of the Council may ask for consideration of the request, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee.
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)
A member of the public may request an item be placed on a future agenda during the Public Comment period at the beginning of every Council meeting, or via other communication with Council Members, and upon consensus of a majority of Council, a staff report will be prepared and approved by the City Manager or his/her designee.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with State law.
Generally, only those matters affecting public health or safety and coming to the attention of the Council after the regular notice deadlines may be considered an emergency in nature. A four-fifths vote of Council is necessary to add an emergency item.
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1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged. However, in extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken.
The vote may be reconsidered during that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority of the Council interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda.
1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Council AB 2449 Requests for TeleconferencingCall to Order
1.2.7.2 Call to Order Roll Call
1.2.7.3 Roll Call Pledge of Allegiance
1.2.7.4 Pledge of Allegiance Closed Session Report (if any)
1.2.7.5 Closed Session Report (if any)City Manager’s Report
1.2.7.6 City Manager’s Report Presentations
1.2.7.7 Presentations /AppointmentsAppointments
1.2.7.8 Public Comment
1.2.7.9 Consent Agenda
1.2.7.10 Public Hearings and Business Items
1.2.7.11 Liaison Reports and Communications
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public interest that appear on a City Council or Planning Commission agenda, as well as all matters where advertising is required by law. Said advertisements shall include location maps, project descriptions and posting of property, if required, written in plain English in order to fully inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of publication shall be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings. (Charter § 407)
1.3.1.2 In the absence or incapacity of the Mayor, the Vice Mayor will serve as Presiding Officer.
1.3.1.3 Seating arrangement of the Council:
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1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the Mayor.
1.3.1.3.2 The Mayor, with the approval of individual Council Members, shall establish other seating arrangements for regular Council meetings.
1.3.1.4 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Vice Mayor signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of business. (Charter § 503)
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A member of the City Council or staff shall first address the Presiding Officer and gain recognition.
1.3.3.1.2 Comments and questions shall be succinct and limited to the issue before Council.
1.3.3.1.3 Cross-exchange between Council Members and public should be avoided.
1.3.3.2 Questions to staff:
A Council Member shall, after recognition by the Presiding Officer, address questions to the designated staff member. Council Members are encouraged to provide questions to staff prior to meetings and also to attend staff briefings on complex issues.
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1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege.
1.3.3.3.2 If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined.
1.3.3.3.3 Upon being recognized by the Presiding Officer, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject until every other Council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision-making process.
1.3.3.5 Tabling Procedure:
If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure. (Charter § 504)
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the minutes, he/she should precede the statement with "for the record," or request the City Clerk to enter it into the record following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and Robert's Rules of Order). The following summarizes the most frequently used actions.
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1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and decorum during all meetings.
1.3.5.1.2 Discourage side conversations, disruptions,
interruptions or delaying efforts.
1.3.5.1.3 Inform the Presiding Officer when departing from a meeting.
1.3.5.1.4 Limit the use of personal electronic devices to urgent personal matters while seated at the dais during Council meetings.
1.3.5.1.5 During a public hearing, correspondence between Council Members or between a member of the public
and the Council regarding the public hearing matter
being considered by the City Council must occur in the
open and any communications outside of the noticed
public meeting on which the Council Member’s decision
is based should be disclosed during the public hearing.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request the removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act.
1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated representatives, and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his/her designee shall act as the Sergeant-at-Arms.
1.3.5.4.2 Any Council Member may request the Presiding Officer to enforce the rules of protocol. Upon motion and
majority vote, the Presiding Officer shall be required to do so.
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1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote, except in the case of a recusal due to a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. (Charter § 505)
1.3.6.2 No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. (Charter § 506)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in compliance with State law and the Council Member will step down and not participate in the discussion or vote on the item.
1.3.6.4 A vote may be changed by a Council Member only immediately after the vote has been announced and prior to the introduction of the next agenda item.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the motion maker to restate the motion if required for Council or public clarification.
1.3.6.6 A roll call (voice) vote shall be taken for each Council action. The City Clerk will call the roll for the roll call vote in the following manner: 1) Maker of the motion; 2) Member who has seconded the motion; 3) Additional Council Members in alphabetical order by last name; and 4) Mayor last. The City Clerk shall state for the record the name of any Council Member who is recused or has abstained, which abstention will be counted as a vote with the majority, unless legally required. The consent agenda will be considered a single action for purposes of the roll call vote.
1.3.6.7 A general consent vote may be taken at the discretion of the Presiding Officer, if there are no negative votes or objections by Council Members.
1.3.6.8 Upon the request of any member, the ayes and noes shall be taken and recorded on any vote. (Charter § 505)
1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. (Charter § 505)
1.3.6.10 Following the vote, the Mayor shall announce whether the questions have been carried or defeated.
1.3.6.11 Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three affirmative votes.
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1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so.
1.3.7 PUBLIC COMMENT (Written and Oral)
Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments at least one day prior to the meeting.
This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before, at or during a Council meeting are included in the public record and posted to the City’s website. (GC § 54957.5) Agenda Correspondence, in general, are correspondence and other documents from the public, the City Council and City staff regarding Council agenda items received after the agenda packets have been distributed. Agenda Correspondences may take the following form: letters and emails from citizens; memos of clarification or revision from City staff; liaison reports from the City Council; communication items from City Council; late release or added-on agenda reports.
An Agenda Correspondence is date-stamped. Agenda Correspondences are distributed by the City Clerk and made available for public review as they are received.
The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the agenda may be provided during the Public Comment period at the beginning of every regular meeting.
The following are guidelines for providing oral public comments:
1.3.7.1 Immediately prior to scheduled public hearings, members of the public may address the City Council on items that are not on the printed agenda, or items on the Consent Agenda. A time limit of three minutes is provided. A speaker may not yield time to another speaker. A speaker slip should be filed with the City Clerk, but is not required in order to speak.
1.3.7.1.1 For all hybrid (in-person and via teleconference) Those requesting to speak in-person will be called first then those requesting to speak via teleconference will be called. All requests to speak should be submitted prior to the start of the Public Comment period.
1.3.7.2 Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff may be asked to follow-up on such items.
1.3.7.3 Individuals desiring to speak on an item on the agenda shall:
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1.3.7.3.1 Address the Council from the podium or via
teleconference after giving their name and city of
residence. Speakers shall direct their comments to the
Council, not the audience.
1.3.7.3.2 Comment on the specific matter before the Council with reasons for the position taken.
1.3.7.3.3 Limit comments to three (3) minutes until others have had opportunity to address the Council. The Presiding
Officer with the consensus of Council Members, after all others have spoken, may allow additional brief comment
from speakers who have already commented on the
same agenda item. A speaker may not yield their time to another speaker.
1.3.7.3.4 Shall register as Municipal Advocates, if they are testifying as paid representatives, as defined in the
Municipal Code (2.64.020) and shall preface their
comments by identifying themselves as municipal
advocates (2.64.050 & 2.64.070).
1.3.7.3.5 Shall avoid personal attacks, abusive language or other disruptive behavior.
1.3.7.4 Applicants or applicant representatives or appellants desiring to speak shall:
1.3.7.4.1 Submit speaker slips to the City Clerk.
1.3.7.4.2 Shall be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes.
1.3.7.4.3 Address the Council from the podium or via
teleconference after giving their name and address,
and/or the name and address of the applicant/appellant
they are representing. If the applicant/appellant’s
representative is a paid municipal advocate, they shall comply with Section 1.3.7.3.5 above.
1.3.7.5 After the comment period or public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer.
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1.3.8 PUBLIC USE OF VISUAL AIDS AT COUNCIL MEETINGS
Members of the public who desire to utilize electronic visual aids to supplement their oral presentations are encouraged to provide display-ready material to the City Clerk by 12:00 noon on the day of the meeting. No data provided to the City Clerk later than 12:00 noon will be accepted. Staff may recommend that the presenter produce hard copies of their materials and present the copies to Council during their presentations.
1.3.8.1 Electronic presentations must be provided in a format that can be read on a standard PC-compatible computer running Microsoft Windows or Microsoft Office.
1.3.8.2 Upon receipt, the City Clerk will promptly transmit electronic visual aids to the City’s Information Technology Division for a determination as to whether the material is free of viruses.
1.3.8.3 Staff shall preload and queue the electronic visual aid in the City’s media system and display it when the public member is called upon to speak.
1.3.8.4 Members of the public shall not be permitted to connect equipment, devices, or storage media directly to the City’s computer system during a live Council meeting.
1.3.8.5 Members of the public shall not be permitted to access the internet from the City’s computer equipment.
1.3.8.7 Nothing in this Policy is intended to warrant or otherwise guarantee that electronic visual aids will successfully display at a City Council meeting. Members of the public are urged to have hard copies of their presentations available at the City Council meetings in the event a media system malfunction occurs.
1.3.9 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to expedite the meeting. Therefore, only items that are routine, relate to implementation of approved budget items or to City operations, are second readings of ordinances, or are items to be later set for public hearing are to be placed on the Consent Agenda.
Items of significant neighborhood or community public interest should be heard as a Public Hearing or Business item, and not placed on the Consent Agenda.
1.3.9.1 Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled
Council Policies & Procedures Manual 20223 - Adopted 04/19/202205/02/2023 Page 13 for clarification at the beginning of the meeting and the questions will be addressed along with the rest of the Consent Agenda. There should be no objections at this time. Council Members are encouraged to seek clarifications prior to the meeting (if at all possible).
1.3.9.2 No Vote. When a Council Member wishes to pull an item simply to register a dissenting vote, a request should be made that the item be pulled for separate vote without discussion. Such items will also be handled at the beginning of the meeting along with the rest of the Consent Agenda.
1.3.9.3 Any item may be pulled by a Council Member for discussion. A member of the public may request the Council to pull an item for discussion.
1.3.9.4 Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time.
1.3.10 COMMUNICATIONS
1.3.10.1 The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies, and comments or inquiries received from individuals or from the public, or requests to agendize future items.
1.3.10.2 If possible, written material connected with a particular communication item should be provided to the City Manager sufficiently in advance of the meeting to be distributed with the regular agenda materials.
1.3.10.3 State law provides that Council can take action only on such matters that have been noticed at least 72 hours in advance of the meeting, unless special circumstances are found to exist. Substantive debate or deliberation or formal action or approval on non-agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting.
1.3.10.4 The communications period should not exceed 15 minutes and speaking to a particular item should be limited to five minutes.
1.3.11 CLOSED SESSIONS (closed to the public)
1.3.11.1 Closed Sessions are regulated pursuant to the Brown Act.
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1.3.11.2 No member of the Council, employee of the City, or anyone else present shall disclose to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four-fifths vote of the Council, or as otherwise required by law.
1.3.11.3 Confidential materials provided for Closed Sessions must be returned to the City Attorney by the conclusion of the Closed Session.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the awareness and education of the general public regarding the actions and deliberations of the City Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether presented to the public live or taped, Council coverage is not to be edited or subjected to editorial comment.
1.4.2 All regular City Council meetings shall be cablecast, except for meetings or portions of meetings which are closed to the public, or when the Council directs otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City and operated only by City employees or persons under contract with the City.
1.4.4 Cameras shall be operated so that they are focused only on the officially recognized speaker, and on any visually displayed information they may be showing.
1.4.5 “Reaction” shots will not be permitted.
1.4.6 The City Clerk’s minutes shall remain the official record of Council proceedings.
1.4.7 To assure timely information for the public, Action Updates shall be posted on the City’s website as soon as possible.
1.5 AB 2449 – NEW TELECONFERENCING REGULATIONS
1.5.1 Quorum Requirement: A quorum of the Council (three members) must participate at a singular physical meeting location identified on the agenda, which must be within the city limits and open to the public. This means that no more than two Council Members may utilize these AB 2449 teleconference provisions at one meeting. If fewer than three members could not be physically present at the beginning of a meeting, the meeting could shall not be called to order.
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1.5.2 Limitations on Use: Council Members may participate remotely under AB 2449 a limited number of times per year, depending on which exception was selected, “Just Cause” or “Emergency Circumstances.”
1.5.2.1 Just Cause Exception. This exception may be used in cases of caregiving for a dependent; contagious illness; need related to a physical or mental disability; or official governmental travel.
Capped at two (2) meetings per calendar year regardless of the Council’s meeting schedule.
1.5.2.2 Emergency Circumstances Exception. This exception may be used in cases of a physical or family medical emergency that prevents a Council Member from attending in person. Capped at 20% of the regular meetings within a calendar year (four (4) City of San Luis Obispo Council meetings per year).
1.5.3 Each agenda must describe how members of the public may observe or attend the meeting and offer public comment, including a way to attend via teleconference platform. Members of the public must be allowed to make public comments in real-time (in-person or through teleconference) during all allotted public comment periods.
1.5.4 Council Members wishing to attend by teleconference must make a request to the Council at the earliest possible opportunity, up to and including at the start of a meeting. The Council must act by majority vote, during the meeting, to approve or deny the request.
1.5.4.1 Council Members must also provide a “general description” of the circumstances relating to the member’s need to participate remotely, which need not be more than 20 words or disclose any personal medical information.
1.5.4.2 Council Members must disclose, before any action is taken, whether any individuals 18 years of age or older are present in the room at the remote location, and the general nature of the member’s relationship with the individual. This disclosure must take place during the meeting itself, even if the notification and description were given in advance.
1.5.4.3 Council Members participating remotely must participate through both audio and visual technology.
1.5.5. All votes taken at a meeting where a Council Member attends by teleconference, under provisions of AB 2449, must be taken by roll call vote.
1.5.6 Meeting proceeding must be suspended in the event of a disruption that prevents the transmittal of meeting video and audio to the public or prevents the receipt of public comment on the teleconference platform until meeting audio and video service are restored.