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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF THOUSAND OAKS
ESTABLISHING REVISED STANDARDS OF
OPERATION GOVERNING CONDUCT OF CITY
COUNCIL AND CITY STANDING COMMITTEES,
COMMISSIONS AND BOARDS AND
RESCINDING RESOLUTION NOS. 2001-129
AND 2011-066
WHEREAS, the successful operation of any public organization centers around established standards to define roles, responsibilities and expectations of the City Council, City Committees, Commissions, Boards and staff in operation of the organization; and
WHEREAS, the establishment and periodic review of standards by City Council will promote understanding and trust among members of City Council, Committees, Commissions, Boards and staff concerning roles, responsibilities and expectations for operation of the City; and
WHEREAS, establishment of meeting rules and standards will promote more efficient and equitable meetings.
NOW THEREFORE, the City Council of the City of Thousand Oaks resolves as follows:
Section 1. Superseded Prior Standards. City Council Resolution No. 2011- 066 is hereby rescinded and superseded by this Resolution.
STANDARDS OF OPERATION
Section 1. Role of Mayor/Chair.
A. It shall be the duty of the Mayor/Chair to preside at all meetings to preserve order and decorum. In the absence of the Mayor/Chair, it is the duty of the Mayor Pro Tem/Vice Chair to preside at all meetings.
B. City Council/Committees, Commissions, Boards will rely on Mayor/Chair to act in a manner that is welcoming to the public at all times, even under pressure or during controversial issues.
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C. If the Mayor/Mayor Pro Tem is not available to represent City Council at a community event or meeting, Councilmembers will be available as back-up to assist with Mayor’s schedule.
D. Incoming requests addressed to City Council/Committees, Commissions, Boards as a whole are generally responded to by Mayor/Chair.
Response by Mayor/Chair will be submitted to full City Council/Committee, Commission, Board for information. Mail addressed to an individual Councilmember may be responded to by that Councilmember.
E. If City Council/Committee, Commission, Board members receive a letter individually addressed, member will check with the assigned staff liaisons to see if everyone received a copy, in which case Mayor/Chair will respond. A formal response will be signed by Mayor/Chair or staff liaisons on behalf of City Council/Committees, Commissions, Boards.
F. Mayor/Chair will represent City Council/Committee, Commission, Board position/policy even if their personal opinion or vote was different from majority.
Section 2. Press Relations.
A. City Council/Committee, Commission, Board member will be as accurate with the press as possible and will indicate the majority position of the City Council/Committee, Commission, Board. Personal opinions and comments may be expressed only if member clarifies that these statements do not represent the position of City Council/Committee, Commission, Board as a whole and it is their personal opinion.
B. As a courtesy, City Council/Committees/Commissions/Boards should have the opportunity to consider proposed new projects or suggested programs before presentation to the media. Committees/Commissions/Boards will seek City Council approval prior to establishing new projects or programs.
Section 3. Committee Assignments.
A. City Council will approve by motion, at a City Council meeting, all assignments to Committees, Commissions, Boards.
B. The Mayor will make all appointments to City Council Committees, with concurrence of City Council.
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C. Any attendance of a majority of City Council/Committee, Commission, Board members attending an open and noticed meeting of 1) another body of the local agency, 2) a legislative body of another local agency, or 3) a standing committee of the legislative body, shall abide by the Brown Act.
D. Correspondence for Subcommittees should be addressed to full City Council/Committees, Commissions, Boards to determine if item should be reviewed by Subcommittee. This could include questions, suggestions, background information, discussion areas and other related issues.
Section 4. City Council and Committee, Commission, Board Member Presentations at Other Agencies and Groups.
A. If a City Council/Committee, Commission, Board member represents the City before another governmental agency or organization, the member will indicate the majority position of the City Council/Committee, Commission, Board.
Personal opinions and comments may be expressed only if member clarifies that these statements do not represent the position of City Council/Committee, Commission, Board as a whole and it is their personal opinion.
Section 5. City Council/Committee, Commission, Board Relationships with City Staff.
A. City staff acknowledges that City Council is City’s policy maker and City Council acknowledges that staff administers City Council policies. City Council is the overall policy body with the City Manager responsible for administration of City Departments. The overall internal administration by City Manager is necessary in order to assure efficient and economic operations of various departments per City Council direction. The practices of each department are subject to review and approval by City Manager. Staff and City Council will work in a positive and professional relationship.
B. The City Council will provide direction to staff through City Manager or designee on all new and/or major issues. A City Council/Committee, Commission, Board member will not direct staff to initiate any action or prepare any report. City Councilmembers will not initiate any project or study without approval of majority of City Council. Committee, Commission, Board members will not initiate any projects outside their purview or beyond what has been assigned or approved by the City Council.
D. A City Councilmember will not attempt to coerce or influence staff in the making of appointments, awarding of contracts, selection of consultants, processing of development applications, filing or dismissing code enforcement prosecutions or granting City licenses or permits.
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E. Public inquiries on technical matters received from constituents of City Council/Committee, Commission Board member should be referred to the City Manager or staff liaison for response or explanation.
F. Once a decision is reached by City Council or City Council has ratified recommendations of Planning Commission, or other City Committees, Commissions, Boards, it will be accepted, supported and implemented by staff with due respect to legal requirements and limitations.
G. With regard to major criminal, traffic, fire, natural disasters, and other emergencies, the Police Department (Sheriff’s Department) will notify the City Manager who will subsequently notify all Councilmembers.
H. In public session, City Council/Committee, Commission, Board members should address all staff members utilizing Mr./Mrs./Ms., or title, rather than use of first names.
I. City Council and Committee, Commission, Board members are encouraged to request assigned City staff liaisons’ assistance in facilitating disputes, resolving miscommunications or potential crises. Individual City Council/Committee, Commission Board members should contact staff prior to meetings to resolve any questions and/or allow staff time to investigate and report back at meeting.
CONDUCT OF MEETINGS
Section 1. City Council Meetings.
A. City Council meetings should be held at least twice each month, at such times fixed annually by resolution. Closed Sessions, when necessary, will typically be scheduled at the beginning of the agenda but may instead be scheduled at another time during the regular meeting as necessary subject to outside party or City Council availability.
B. Public Comments, primarily to address items not on the agenda, will normally be heard before 6:45 p.m. If additional speakers for Public Comments remain at 6:45 p.m., remainder of speakers may be called at end of meeting at the discretion of the Mayor. Speakers wishing to address items on the agenda are to be encouraged to submit Speaker Card and speak at the time the item is opened for discussion. Speakers wishing to address a Public Hearing matter should only address the City Council during the Public Hearing on the matter, so that their comments are part of the record and may be relied upon by the decision maker.
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C. Administrative Reports that do not require significant reporting and/or discussion for decision or are routine in nature will be placed on the Consent Calendar.
D. Every effort will be made for meetings to conclude by 11:00 p.m. If City Council desires to proceed past 11:00 p.m., the City Council should determine which issues will be completed at that meeting and which items will be continued to a future meeting. Majority City Council concurrence or a motion should be made approving such course of action. Pursuant to the Municipal Code, City Council may continue past midnight upon affirmative vote of the majority.
E. Typically, up to two ceremonial items such as commendations, proclamations, and special presentations will be handled per City Council meeting, during the Special Presentation section of the City Council meeting (number of presentations may be increased for special circumstances, i.e., due to need for timely presentation).
Section 2. Committees, Commissions, Boards.
A. Regular meetings of City Council appointed Committees, Commissions, Boards, shall be open to the public and agendas posted pursuant to the Brown Act. Committee, Commission, Board meetings shall be held as identified in each respective City Council adopted Committee, Commission, Board establishing Resolution or subsequent Resolutions. Meetings shall not be held during the month of August unless deemed necessary by majority of members.
Records of all meetings shall be public information.
B. A majority of members of a Committee, Commission, Board, regardless of vacancies, shall constitute a quorum, and a simple majority of those present shall be required to pass a motion unless otherwise required by law or the Municipal Code. If there is no quorum (i.e., if determined prior to meeting or if no quorum within 15 minutes beyond meeting start time, or if member leaving during meeting results in lack of quorum), meeting shall be canceled or adjourned for lack of a quorum. The conduct of meetings shall be governed by Mason's Manual of Legislative Procedure, as adopted by City Council.
C. Member must be present (in person) to vote unless alternative means provided by the Brown Act are utilized.
Section 3. Addressing City Council/Committees, Commissions, Boards – General.
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A. Although use of a speaker card is entirely voluntary, a public member wishing to address City Council/Committees, Commissions, Boards should fill out a Public Speaker Card and submit Card to City Clerk/designee or assigned staff liaison, or by electronic means if participating remotely, before item is opened for discussion. Speaker cards are available for use when the meeting room is opened to the public prior to start of the meeting and not available for use prior to that time.
For remote participants, speaker cards are available for use via the electronic agenda as soon as the agenda is posted.
B. Committees, Commissions, Boards: Speaker guidelines consistent with City Council guidelines should be adopted to maintain consistent practice among all City Committees, Commissions and Boards. Refer to City Council Guidelines for Public Input Resolution.
C. When called, speaker may state name or identifier and community of residence for the record and state opinion on matter. To expedite matters and avoid repetitious presentations, whenever a formalized group wishes to address a Committee, Commission, Board on the same subject, the Chair may request that a spokesperson be selected on behalf of persons who are present at meeting in lieu of and on behalf of individual speakers. A specific time limit may be set for total presentation.
D. Although any member of the public has the right to criticize City policies, procedures, programs, services, or actions, remarks should be limited to matters related to jurisdiction of City Council/Committee, Commission, or Board.
E. Derogatory/slanderous personal remarks toward any individual are disruptive and should not be allowed.
F. All remarks by speakers should be addressed to the City Council/Committee, Commission, Board as a whole, not to individual members, staff, the audience, or directly to television cameras.
G. All questions of staff or City Council/Committee, Commission, Board shall be directed to the Mayor/Chair. The Mayor/Chair will then decide if a question is appropriate and who shall respond.
H. Any issues that do not appear on the Agenda can have no discussion/action unless an exception exists under the Brown Act and may be referred to the City Manager/assigned staff liaison for administrative action or to be scheduled on a subsequent agenda.
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I. Written Statement Cards are encouraged at the meeting, and will be accepted on any agenda item. Written Statement cards are available for use when the meeting room is opened to the public prior to start of the meeting and not available for use prior to that time. For remote participants, written statement cards are available for use via the electronic agenda or may be sent via email.
J. Advanced submission of written comments is encouraged. Staff liaisons will distribute any comments received in advance of meetings to City Council/Committee, Commission, Board members as appropriate.
K. City Clerk staff shall post first City Council agenda supplemental packet in conjunction with agenda packet electronically on the website in its entirety including e-mails/correspondence from the public which may include e-mail and/or personal addresses. Subsequent supplemental packets in its entirety shall be posted electronically on the website as time is available, which may occur immediately following the meeting. All supplemental packets are available for review in hard copy at designated areas including, but not limited to, the City Clerk Department and City Council Chambers at the time of the City Council meeting.
L. Any public written correspondence or other materials received at a meeting will be documented with receipt date (by assigned staff) with distribution indicated. To ensure proper handling, written materials should be handed to the City Clerk or secretary of the Committee, Commission, Board, staffing the meeting.
If staff does not receive copy of written submittal, the materials or information may not be considered to have been received or acted upon by the legislative body.
Speakers are requested to provide sufficient number of copies of any written materials that are introduced for submittal at the meeting for distribution to each member and assigned staff. For City Council meetings, the original and a minimum of eight copies are required for distribution (City Council, City Manager, City Attorney, Staff). Written or other materials received in advance will be routed through assigned staff as part of agenda or supplemental informational packets.
M. The rules set forth are not the sole or exclusive rules governing meetings of City Council/Committees, Commissions, Boards and do not limit the general legal authority of City Council/Committees, Commissions, Boards or the Mayor/Chair to govern conduct of meetings. Any deviation from these guidelines does not limit or affect the jurisdiction, power or final decision of the City Council/Committees, Commissions, Boards on any decision, permit or entitlement.
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Section 4. Public Comments - Items of City Business.
A. City Council: City Council has established separate “Guidelines for Public Input at City Council Meetings” Resolution.
B. Committees, Commissions, Boards: Presentations under Public Comments are limited to items within the subject matter jurisdiction of the particular Committee, Commission or Board. The Chair may provide feedback to assist any speaker from straying into areas over which the Committee, Commission, Board has no jurisdiction. All attendees who speak on items that are within applicable jurisdiction and not on the Agenda must address the Committee, Commission, Board during the Public Comments portion of agenda.
Section 5. Public Hearings.
A. City Council: City Council has established Public Hearing speaker guidelines in the “Guidelines for Public Input at City Council Meetings” Resolution.
B. City Council Public Hearings will be scheduled at the advertised time of 6:00 p.m. As a guide, no more than two Public Hearings, excluding perfunctory hearings, per meeting will be scheduled. Committee, Commission, Board Public Hearings may be held at a scheduled time as confirmed or based on meeting times.
C. Citizens who wish to address the legislative body during Public Hearings shall submit a Public Speaker card before the Public Hearing is opened.
D. When a Public Hearing is closed for an entitlement, City Council/Committee, Commission, Board members only discuss the issues; other than procedural matters, staff discussion is not appropriate. If City Council/Committee, Commission, Board members wish to ask substantive questions of staff, the public hearing should be reopened allowing applicant to also comment.
E. City Council/Planning Commission: A project or entitlement applicant/appellant, or designated representative of such person or entity, shall have such time necessary for a fair and reasonable oral presentation or testimony in connection with the noticed Public Hearing item. Oral presentations by the applicant/appellant or their representatives are limited to fifteen (15) minutes each, unless additional time is provided by Mayor/Chair with a five minute rebuttal time for each.
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Section 6. City Council: General.
A. Under the City Council Issues/Recommendations section of the agenda, City Councilmembers may request that an item be considered on a future agenda. Councilmembers shall submit initial request in writing pursuant to the agenda scheduling calendar. The question of whether to agendize the matter and direct staff to prepare a report shall be voted by City Council. If a majority of City Council supports the request, City Manager will determine when to place the item on a future agenda based on the time necessary to complete the research, staff workload considerations, and the effect on City Council established priorities.
B. City Policy requiring significant changes/proposed City Ordinances may be set for Public Hearing, even when not required by law as determined by the City Manager.
Section 7. General.
A. Any advisory recommendation from Committees, Commissions, Boards to City Council, including the reasons for such recommendation, shall be rendered in written form prepared by and coordinated through assigned staff liaisons.
B. The City Council/Committee, Commission, Board member making a motion should restate the motion before the vote, if necessary, to clarify for public and staff.
C. City Council/Committee, Commission, Board members should refrain from debating with members of the public or staff at a meeting.
D. Any concerns by City Council/Committee, Commission, Board members regarding performance of City employees during public meetings should be privately directed to City Manager/staff liaisons.
Section 8. Disqualification for Conflict of Interest.
A. Any City Council/Committee, Commission, Board member who is disqualified from voting on a particular matter by reason of a financial Conflict of Interest shall disqualify themselves pursuant to State law.
Section 9. Litigation and Confidential Information
A. City Councilmembers will keep all written materials and verbal information provided to them on matters that are confidential under State law in complete confidence to ensure that the City’s position is not compromised. No CCD:610-10\cr\h:\common\Council\StdsofOp\2023\031423 Meeting Proc Attach #1.docx
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mention of information in these materials will be made to anyone other than City Councilmembers, City Attorney, City Manager or City Manager designee.
B. If City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claim or litigation, and/or employee negotiations, all contact with the other party will be the designated City person(s) representing the City in the handling of the negotiations or litigation. A City Councilmember will not have any contact or discussion with the other party or its representative involved with the negotiation (unless formally appointed as spokesperson by City Council) during this time and will not communicate any discussion conducted in closed sessions with any person.
PASSED AND ADOPTED this 14 th day of March, 2023, by the following vote:
Ayes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks
ATTEST/CERTIFY:
___________________________________
Laura B. Maguire, City Clerk
Date Attested: ___________________
APPROVED AS TO FORM:
Office of the City Attorney
___________________________________
Tracy M. Noonan, City Attorney
APPROVED AS TO ADMINISTRATION:
____________________________________
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.