CC SR 20180116 03 - Council Rules of ProcedureRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/16/2018
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action relating to creating a Rules of Procedure document
that incorporates existing Rules of Procedure and Council Protocols.
RECOMMENDED COUNCIL ACTION:
(1) Discuss merging the existing Council Protocols and Rules of Procedure to one
document; and,
(2) Discuss whether or not to further merge existing City Council policies at future
date.
FISCAL IMPACT: Legal costs are too speculative to realistically estimate at this time.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: David J. Aleshire, City Attorney
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
rL-
ATTACHED SUPPORTING DOCUMENTS:
A. Proposed Council Procedures (Revised) (page A-1)
B. Prior Rules of Procedure (page B-1)
C. Existing Protocols (page C-1)
D. Resolution No. 2018-_, adopting Council Procedures (page D-1)
BACKGROUND:
The City Attorney, working with the ad hoc City Council Subcommittee of Mayor Pro
Tem Duhovic and Council Member Dyda, recommend merging and revising the current
Council Rules of Procedure and Council Protocols. Draft Resolution No. 2018 -
(Attachment D) is provided for this purpose.
The City Council has, over time, developed three sets of procedures to govern its
activities. One is a set of procedures including dealing with agenda and public meetings
(the "Procedures", Attachment B); the second is a code of conduct dealing with ethical
practices (the "Protocols", Attachment C); and the third is now a set of some 58 policies
dealing with a wide array of policies (the "Policies").
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A City Council Subcommittee was appointed to review the Procedures, Protocols, and
Policies and updated and harmonize them. The Subcommittee is making its
recommendations in a two phases:
1. A new Procedures Manual merging the old Procedures and Protocols
2. A review of the Policies making them current, reviewing them for consistency,
and developing a better system for future updating, monitoring, and
transparency.
At this time the new Procedure Manual (the "Manual") is ready to bring forward while the
Policies Manual will come in a second phase of the project.
DISCUSSION:
The draft Manual attached to this report (Attachment A) incorporates State law, case
law, and provisions of the Rancho Palos Verdes Municipal Code (RPVMC), and has
been prepared to apply to all elected and appointed bodies and staff; thereby creating a
single source of procedural guidelines. It is suggested at this time to incorporate the
former Protocols document with this Manual, establishing a Code of Conduct for all City
officials and vendors. The City Council policy manual will be reviewed at a later date.
Where appropriate, some policies will be merged with the procedures, and a system will
be developed to make them more transparent and continuously updated.
The Manual contains comprehensive procedures for conducting City Council,
Commission, and other meetings of Council -appointed bodies and Staff; and
establishes the roles of the legislative body members. This will deal with past
deficiencies, such as the lack of a formal censure process, no subpoena process, and
so forth. A summary of Manual provisions is provided at the beginning of the Manual.
Should the city consider adopting a charter in the future, certain charter provisions can
also be incorporated to the master Manual.
When ready in final form, the City Council, Successor Agency, and Improvement
Authority must take separate actions to adopt the Manual. Once adopted, the Manual
will apply to all other City Commissions and Committees, and any standing committee
subject to the Brown Act. When adopted, the new Manual will supersede all prior rules
pertaining to meetings of the City Council, Commissions, and Committees.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative actions are available
for the City Council's consideration:
1. Revise the Procedure Manual.
2. Do not proceed, and continue with existing procedures and protocols.
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CITY OF RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
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A-1
OUTLINE OF RULES OF PROCEDURE
1.0 Authority, Interpretation
1. City Council and unless otherwise specified, city commissions and committees,
shall administer meetings in accordance with these Rules. (1.0)
2. Protocols for Officials have been merged with the these Procedures. (1.0)
2.0 General Rules
1. Three members of the Council, or a majority of the members of a body,
constitutes a quorum necessary to transact business. (2.1)
2. If a Councilmember is absent without permission for 60 consecutive days, their
seat becomes vacant. (2.2)
3. City Clerk shall record minutes of all public proceeding and makes such minutes
available to the public. (2.3)
4. Councilmembers must be recognized by the Mayor prior to speaking on a subject
under consideration. (2.4)
5. If there is a conflict over how Council proceedings should be governed, the
Municipal Code (RPVMC) shall prevail over other sources, and the Rules of
Procedure shall prevail over Rosenberg's Rules of Order. (2.5)
6. City Manager serves the City Council, attends and takes part in Council
meetings, and keeps the Council informed as to the administration of the City.
Includes rules on absences from City. (2.6).
7. City Manager will provide written notice to Council on matters of significant
importance. (2.6(f)).
8. City Attorney shall attend all meetings of the City Council, serves as advisory
parliamentarian for the City, and oversees all legal affairs under Council
direction. (2.7(a)).
9. A Councilmember shall not have an attorney-client relationship with the City
Attorney and may not rely on advice from the City Attorney to obtain immunity
from FPPC enforcement. (2.7(b -c)).
10. Council may direct the City Attorney to file amicus briefs. (2.7(d)).
11. City Clerk shall attend all meetings of the City Council, assure all agendas are in
accordance with the Brown Act, and keep account of all open proceedings of the
City Council. (2.8).
12. City Council may issue subpoenas. (2.10).
3.0 Types of Meetings
1. All regular Council meetings shall be open to the public and held at the
designated Council Chambers. The notice and agenda for such meeting shall be
posted at least seventy-two (72) hours before the meeting.(3.1-3.3).
2. A special meeting may be called by the Mayor or a majority of the
Councilmembers with notice posted at least twenty-four (24) hours before the
meeting. (3.5).
3. Council may hold closed session meetings and exclude all persons authorized to
be excluded. (3.6).
4. Breaching confidentiality of closed session not only subjects the Councilmember
to censure, but civil and criminal sanctions (3.6).
5. Council may hold study session meetings. (3.7).
6. All meetings of the Council, except for closed sessions, shall be open to and may
be recorded by the media. (3.8)
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4.0 Officers
1. Describes election of the Mayor and the Mayor Pro Tem and duty to serve as a
member and at the pleasure of the Council. (4.1-4.2).
2. Defines selection, duties, and authority of the Presiding Officer. (4.3/4.6).
3. Defines decorum of Councilmembers for being recognized by the Presiding
Officer, for motioning to bring a matter before the Council, for enforcing the rules,
and for communicating between members regarding matters not on the agenda
or during breaks or before and after meetings. Presiding Officer promotes
dialogue not allowing one member to monopolize. (14.7).
5.0 Agendas
1. Generally, the Council may not take action on a matter not appearing on the
posted agenda. (5.1).
2. Agenda descriptions must provide sufficient detail as to the subject matter of the
item. (5.2).
3. City Manager prepares the agenda with oversight from the Mayor and provides
appropriate staff reports with professional recommendations for Council
consideration.
4. A Councilmember may make a request for the inclusion of an item on a future
agenda to the Mayor, City Manager, or to the Council during a meeting. (5.4)
5. Staff reports are required for all agenda items. (5.5).
6. Defines process for Order of Business for Council meetings. (5.6).
7. Defines time for delivery of agenda packet, including reports, to Councilmembers
and the public. (5.7).
8. City Clerk shall post the agenda with the time and location of the meeting and a
brief description of each agenda item. (5.8).
9. Any person may address the Council regarding an item within the subject matter
jurisdiction of the Council. (5.10).
10. Consent Calendar allowed for items not requiring Council discussion and
considered ministerial and routine. Items removed by Councilmember are heard
after regular agenda, but, if removed at citizen request, are heard after Consent
Calendar. (5.12).
11. Oral reports may be included for agenda items, or given by Councilmembers to
report on an event they attended as an elected official of the City. (5.13).
6.0 Citizens' Rights
1. Defines time and procedures for public comment. (6.1).
2. No disorderly conduct permitted that would impede the orderly conduct of a
Council meeting. Any disorderly person may be removed after receiving a
warning. (6.2(a -b)).
3. A majority of the Council may agree to allow an interested person to address the
Council for the reading of protests, petitions, or communications relating to a
matter under consideration. (6.3).
4. Any person may submit written comments to the Council through the City Clerk
or City Manager's office. (6.4).
7.0 Ordinances, Resolutions, and Contracts
1. Ordinances, resolutions, and contracts shall
before placement on the agenda. (7.2).
2. Defines the process for introducing, adopting
7.4).
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be approved by the City Attorney
and preserving ordinances. (7.3-
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8.0 Procedures Regarding Public Hearings
1. Hearings involving the adjudication of individual property rights and interests are
quasi-judicial proceedings with due process requirements. (8.1).
2. Staff reports, written materials, oral reports, and Councilmember questions shall
be included in the public hearing record. (8.2).
3. Defines guidelines for Presiding Officer control over public hearing time limits and
procedures, and control over Council deliberations. (8.3, 8.4).
4. After closure of the public hearing, Council may vote on the item, offer
amendments, reopen the hearing, or continue the matter to a later date for
decision. (8.5(b)).
5. A tie vote is a denial. Matter is automatically continued to the next meeting if it is
a public hearing matter or a member is absent. (8.5(d)).
6. Councilmembers should minimize extra -meeting contacts with persons who will
be the subject of a public hearing, must refrain from expressing any viewpoints
during extra -meeting contacts, and after the public hearing, must disclose any
extra -meeting contacts that may be relevant to the decision. (8.6(a -c)).
7. Councilmembers may inspect a relevant site and disclose such inspection on the
record at the beginning of the public hearing. (8.6(d)).
9.0 Censure of Members
1. A Councilmember who has violated any general law or regulation, or any rule,
law, ordinance or resolution of the City may be censured after being given notice
and an opportunity to correct the violation. (9.1-9.2, 9.4).
2. Defines procedure for hearing a motion for censure. (9.5-9.8).
10.0 Commissions, Committees, and Subcommittees
1. Mayor appoints Councilmembers to serve as representatives on various
committees. (10.1).
2. Council may create commissions, committees or other advisory bodies by
ordinance, resolution, or motion, and make appointments to such bodies.
(10.2(a -d)).
3. Defines when Council Subcommittees are subject to the Brown Act. (10.3(a)).
4. Subcommittees may use staff support to gather information and provide a
Subcommittee report to the Council. (10.3(b -d)).
5. All members are subject to the same email rules and are indemnified to the same
extent as Councilmembers. (10.4-10.5).
11. Public Records and Use of Email
1. Documents related to City business, including electronic emails, regardless of
whether on City email or personal private email accounts, are public records
subject to disclosure. (11.1).
2. Councilmembers shall use City email account for City business and segregate
and preserve City business emails that predate these rules. (11.2-11.3).
3. City Attorney shall review any public records including communications of
Councilmembers that are responsive to public records requests. (11.4).
4. In response to PRA requests, staff will research City email server and
Councilmember will produce City emails exclusively in their possession for
review by City Attorney. (11.5-11.7).
5. Defines "public records". (11.8).
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12. Defense and Indemnification of Members
1. Councilmembers are employees and are not vicariously liable for injuries caused
by the City. Employees are entitled to defense by City, and payment of judgment.
City can refuse to defend if employee was acting outside scope of employment or
with fraud, corruption, or actual malice; or if defense creates a conflict of interest
between City and employee. (12.1).
2. Councilmembers' acts in violation of RPVMC or rules applicable to City Council
are outside the scope of employment. (12.2).
3. Employees must cooperate in their defense by the City. (12.3).
4. Defense of Councilmember acting outside the scope of employment or refusing
to cooperate with defense is in the Council's absolute discretion. (12.4).
5. Any defense or indemnification by the City is subject to a reservation of rights
agreement for subsequently discovered information. (12.5).
13. Suspension and Amendment of these Rules
1. Rules not mandated by RPVMC or the Government Code may be suspended or
amended by a vote of the Council. (11.1-11.2).
14. Motions and Voting
1. Includes Table of Motions (Exhibit A). (14.1).
2. City Clerk states all motions submitted for a vote and the Presiding Officer may
state the consensus of the Council, or the Clerk will conduct a roll call vote as
required for adopting ordinances, resolutions, or actions involving the payment of
money. (14.2-14.3).
3. Councilmember silence during a vote denotes approval. (14.3(c)).
4. Quorum is required for Council action, but majority vote of total Council
membership required for ordinances, resolutions, or orders for payment of
money. (14.4(a)).
5. Defines state statutes that require supermajority vote, greater than majority vote
of all Councilmembers. (14.4(b)).
6. Members with a conflict of interest are not counted for establishing quorum and
may not participate in the decision. (14.4(c)).
7. Members may abstain due to a legally recognized conflict of interest, common
law bias, or public perception that their participation would be inappropriate. (14.5
(a -d)).
8. Abstention results in a non -vote, or in the case of a supermajority vote or a vote
of those present, a "no" vote. (14.6(e)).
9. Defines procedures for a Councilmember's motion to reconsider any action.
(14.6).
10. Members not previously present should not vote on the approval of minutes or a
continued item unless they affirm their familiarization with the earlier record.
(14.7).
11. When a motion is before the Council, no other motions may be entertained
except a motion to amend, a motion to postpone, a motion to table, or a
substitute motion. (14.8).
15.0 Brown Act Demands for Correction
1. Persons seeking to declare any action by the Council void for violation of the
Brown Act must first serve a written demand upon the City Clerk and allow the
Council thirty (30) days to correct its action before commencing a judicial action.
(15.1(a -b)).
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2. Subject of demand shall be placed on the agenda and Council will determine
whether to reconsider the action, and if so whether to take corrective action.
(15.2-15.3.).
3. Process does not void issuance of bonds or contractual obligations. (15.1).
16.0 Code of Conduct
1. Officials must be independent and impartial, should not use the public office for
personal gain, and should conduct actions in an atmosphere free of personal
animosity and hostility. Officials include elected, appointed, employees and
vendors. (16.1/16.3(a)).
2. Code to be reviewed periodically for guidance on conduct in common situations.
(16.2(a -b)).
3. City Manager is the administrative head of the City and the City Council is the
chief policy-making body of the City. (164.2(c)).
4. Defines duties of City Officials (16.3(b)); ethical standards (16.3(c)); and rules of
conduct. (16.3(d)).
5. Councilmembers should avoid impropriety, treat each other collegially, and
should seek advice from the City Attorney if they believe their actions may
appear to be inappropriate. (16.3(e -g)).
6. Councilmembers shall conduct email correspondence and segregate City emails
in a manner that allows ready compliance with public records requests. (16.3(h)).
7. Councilmembers shall not disclose or use any confidential information to
advance their own or another's financial or personal interests. (16.4).
8. Official may not assert or imply that they are acting on behalf of the City unless
authorized to do so by the Council, shall provide disclaimers. If not acting
officially, and not communicate anonymously. (16.5).
9. City Manager is responsible for the administrative operation of the City. (16.6(a)).
10. Councilmembers should direct questions or information requests only to the City
Manager, City Attorney, Deputy City Manager, Department Heads, Human
Resources Manager, or Economic Development Manager. (16.6(b)).
11. Councilmembers should not disrupt or attempt to influence staff. (16.6(c -d)).
12. Councilmembers should check with staff before sending correspondence.
(16.6(e)).
13. Councilmembers should not attend meetings with staff unless requested.
(16.6(f)).
14. Employees shall be assigned to provide administrative support to
Councilmembers. (16.6(g)).
15. Officials should not direct the City Manager as to City personnel matters.
(16.6(h)).
16. City Manager shall require all staff and employees to observe the same rules of
procedure and decorum applicable to Councilmembers. (16.7).
17. Staff desiring to address the City Council or the public should address the
remarks to the Presiding Officer. (16.7).
18. Councilmembers should not solicit political support from staff. (16.8).
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TABLE OF CONTENTS
Paqe
1.0 AUTHORITY, INTERPRETATION........................................................................ 1
2.0 GENERAL RULES............................................................................................... 1
2.1
Quorum......................................................................................................1
2.2
Vacancy by Unexcused Absence.............................................................. 1
2.3
Minutes of Proceedings............................................................................. 1
2.4
Right of Floor............................................................................................. 2
2.5
Rules of Order........................................................................................... 2
2.6
City Manager............................................................................................. 2
2.7
City Attorney.............................................................................................. 3
2.8
City Clerk................................................................................................... 5
2.9
Deputy City Manager/Department Heads/Employees ............................... 5
2.10
Power to Issue Subpoenas........................................................................ 5
3.0 TYPES OF MEETINGS........................................................................................ 5
3.1 Public Meetings......................................................................................... 5
3.2 Regular Meetings....................................................................................... 6
3.3 Notice of Regular Meetings........................................................................ 6
3.4 Adjourned Meetings................................................................................... 7
3.5
Special Meetings....................................................................................... 7
3.6
Closed Session Meetings.......................................................................... 7
3.7
Study Session Meetings............................................................................ 8
3.8
Media Attendance...................................................................................... 8
3.9 Recess.......................................................................................................8
3.10 Redevelopment Successor Agency and Improvement Authority
Business.................................................................................................... 8
3.11 Civic and Other Events.............................................................................. 9
4.0 OFFICERS........................................................................................................... 9
4.1
Election of the Mayor................................................................................. 9
4.2
Mayor Pro Tem.......................................................................................... 9
4.3
Presiding Officer........................................................................................ 9
4.4
Point of Order..........................................................................................
10
4.5
Personal Privilege....................................................................................
10
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4.6 Preservation of Order............................................................................... 10
4.7 Councilmember Decorum........................................................................ 11
5.0 AGENDAS..........................................................................................................12
5.1
No Discussion of Item Not on Agenda .....................................................
12
5.2
Agenda Description.................................................................................
12
5.3
City Manager Prepares Agenda With Mayor Oversight and
Concurrence............................................................................................
12
5.4
Scheduling Tentative Agenda Items ........................................................
12
5.5
For Future Agenda Items.........................................................................
13
5.6
Staff Reports............................................................................................
13
5.7
Order of Business....................................................................................
13
5.8
Agenda Preparation Distribution..............................................................
13
5.9
Agenda Posting.......................................................................................
14
5.10
Minutes....................................................................................................
14
5.11
Public Comments.....................................................................................
14
5.12
Public Hearings........................................................................................
14
5.13
Consent Calendar....................................................................................
14
5.14 Oral Reports............................................................................................ 15
6.0 CITIZENS' RIGHTS............................................................................................ 15
6.1 Addressing the Council............................................................................ 15
6.2 Disorderly Conduct.................................................................................. 16
6.3 Reading of Protests................................................................................. 18
6.4 Written Communications.......................................................................... 18
7.0 ORDINANCES, RESOLUTIONS AND CONTRACTS ........................................ 18
7.1 Document Preparation............................................................................. 18
7.2 Document Approval................................................................................. 18
7.3 Ordinance Introduction/Adoption............................................................. 19
7.4 Ordinance Preservation........................................................................... 19
8.0 PROCEDURES REGARDING PUBLIC HEARINGS .......................................... 19
8.1 General....................................................................................................19
8.2 Staff and Written Material Presentation................................................... 19
8.3 Public Hearing......................................................................................... 20
8.4 Council Deliberations...............................................................................21
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8.5 Council Action.......................................................................................... 21
8.6 Extra -Meeting Contacts on Matters Set for Public Hearing ...................... 22
9.0 CENSURE OF MEMBERS................................................................................. 22
9.1 Grounds for Censure............................................................................... 22
9.2 Censure Defined...................................................................................... 23
9.3 Censure Considered in Indemnification................................................... 23
9.4 Notice and Opportunity to Cure............................................................... 23
9.5 Initiation of Proceedings........................................................................... 23
9.6 Hearing.................................................................................................... 24
9.7 Failure to Censure................................................................................... 24
9.8 Sanctions................................................................................................. 24
10.0 BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES ............. 24
10.1 Mayor/Council Committees...................................................................... 24
10.2 Creation of Advisory Boards and Committees ......................................... 25
10.3 Council Subcommittees........................................................................... 26
10.4 Use of Email............................................................................................ 26
10.5 Defense and Indemnification................................................................... 26
11.0 PUBLIC RECORDS AND USE OF EMAIL......................................................... 27
11.1
General....................................................................................................27
11.2
Must Use City Email Account...................................................................
27
11.3
Use of Private Email Accounts Prior to the Adoption of These
Rules........................................................................................................
27
11.4
Public Records Requests.........................................................................
27
11.5
Staff to Review City Accounts..................................................................
27
11.6
Emails in Possession of Councilmember.................................................
27
11.7
City Attorney Review................................................................................
27
11.8
Definition of Public Records.....................................................................
28
11.9 Exceptions............................................................................................... 28
12.0 DEFENSE AND INDEMNIFICATION OF MEMBERS ........................................ 28
12.1 General....................................................................................................28
12.2 Grounds for not Defending; Scope of Duties ........................................... 28
12.3 Cooperation in Councilmembers' Defense ............................................... 28
12.4 City's Duty to Defend - Limitations.......................................................... 28
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12.5 Reservation of Rights by City................................................................... 29
13.0 SUSPENSION AND AMENDMENT OF THESE RULES .................................... 29
13.1 Suspension.............................................................................................. 29
13.2 Amendment............................................................................................. 29
14.0 MOTIONS AND VOTING................................................................................... 29
14.1 Table of Motions...................................................................................... 29
14.2
Motion to be Stated..................................................................................
29
14.3
Voting.......................................................................................................29
14.4
Votes Needed..........................................................................................
30
14.5
Abstentions..............................................................................................
31
14.6
Motion to Reconsider...............................................................................
32
14.7
Votes of Members Previously Absent ......................................................
32
14.8
Precedence of Motions............................................................................
32
15.0 BROWN ACT DEMANDS FOR CORRECTION .................................................
33
15.1
Requirement of Written Demand.............................................................
33
15.2
Consideration of Corrective Action..........................................................
33
15.3
Implementing Corrective Action...............................................................
34
16.0 CODE OF CONDUCT........................................................................................
34
16.1
Statement of Purpose..............................................................................
34
16.2 General....................................................................................................35
16.3 Rules of Civility........................................................................................ 35
16.4 Disclosure of Information......................................................................... 38
16.5 Improper Representation......................................................................... 38
16.6 Non Interference with Administration....................................................... 39
16.7 Decorum and Order — Employees........................................................... 39
16.8 Not Solicit Political Support...................................................................... 40
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CITY OF RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
1.0 AUTHORITY, INTERPRETATION
As provided by Government Code Section 36813, the City Council hereby
establishes these Rules of Procedure (the "Rules") for the conduct of meetings and of
City business generally. These Rules shall be interpreted and administered to be
consistent with the Rancho Palos Verdes Municipal Code ("RPVMC"), and state laws.
These Rules shall be in effect upon the adoption by City Council and until such time as
they are amended or new rules are adopted in the manner provided by these Rules.
Additionally, City commissions, committees and advisory bodies shall generally
administer their meetings in accordance with these Rules. In addition to these Rules,
the City Council has adopted Protocols for Officials (the "Protocols") and by motion
adopted various policies (the "Policies") establishing City procedures, which are
separately maintained. The Protocols have now been merged within these Procedures
and are no longer a separate document. These authorities shall be liberally constructed
and harmonized so as to carry out the City's purposes which are to promote
transparency and citizen participation in a civil and respectful governance environment.
2.0 GENERAL RULES
2.1 Quorum
A majority of the members of the body, and in the case of the Council, three
members of the Council, shall constitute a quorum necessary to transact business. In
the event a quorum is not in attendance, the City Clerk will adjourn the meeting to a
later set time.
2.2 Vacancy by Unexcused Absence
If a Councilmember is absent without permission from all regular Council
meetings for 60 days consecutively from the last regular meeting s/he attended, his/her
office becomes vacant and shall be filled as any other vacancy, as provided by
Government Code Section 36513.
2.3 Minutes of Proceedings
An account of all public proceedings of the Council shall be recorded by the City
Clerk or his/her designee and entered into the official minute books of the Council.
These minutes shall be available to the public following approval by the Council.
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2.4 Riaht of Floor
Any Councilmember desiring to speak shall first be recognized by the Mayor and
shall confine any remarks to the subject under consideration.
2.5 Rules of Order
In all matters and things not otherwise provided for herein, the proceedings of the
Council shall be governed by "Rosenberg's Rules of Order", unless there are no
applicable provisions in which case the applicable provision of Robert's Rules of Order
shall apply. However, no ordinance, resolution, proceedings or other action of the
Council will be invalidated, or the legality thereof affected, by the failure or omission to
observe or follow said Rules. In the event of a conflict between the City's Municipal
Code and/or these Rules of Procedure with the Rosenberg's Rules of Order, the
provisions of the City's Municipal Code shall prevail over other sources, and the Rules
and Procedures shall prevail over Rosenberg's Rules.
2.6 City Manager
(a) General. The City Manager reports to and serves at the pleasure of
the Council and shall be governed by Chapter 2.08 of the RPVMC. The City Manager
may make recommendations and shall have the right to take part in all discussions of
the Council, but shall have no vote.
(b) Attendance. The City Manager shall attend all meetings of the
Council unless excused, and in his/her absence, the Deputy City Manager or Acting City
Manager shall substitute. The City Manager shall report to the Council on any proposed
periods of absence from the City and the reasons therefore. The City Manager will
regularly be available for emergency contact on a 24/7 basis. If the City Manager
should become or plans to become unavailable for any reason, the City Manager will
notify the Council and Staff in writing as to who is the acting Chief Executive of the City
during his/her absence. The City Manager should notify the Council and Staff in writing
immediately upon resuming his/her duties and becoming available.
(c) Duties. The City Manager shall have the duties specified in Section
2.08 of the RPVMC. The City Manager shall supervise staff to ensure that each staff
member maintains the policies and direction of the Council. The City Manager shall
keep the Council informed as to the administration of the City, and shall report on all
activities, meetings, and functions, including all conferences and gatherings attended on
behalf of the city.
(d) Business Trips and Travel. The Council will be advised in writing of
the City Manager's planned city business trips for conferences, meetings and seminars
on an annual basis, within the first 30 days of the calendar year or within the first 30
days of employment, as applicable. Should a business trip become necessary that had
not been previously scheduled and noticed via the aforementioned process, the City
Manager will give as much advanced notice as possible, but no less than 14 days prior
to the conference, meeting or seminar and will not make arrangements until 48 hours
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has passed from the time notice is sent to the Council. The Council will be given at
least 30 days advanced notice on proposed vacation travel for periods longer than 2
days. Said notification will not apply to sick leave or emergency leave situations. The
City Manager will promptly notify the Council via email of any changes to
scheduled/planned trips or meetings.
(e) Expense Reports. The Director of Finance will produce detailed
expense reports of all expenses for which reimbursement has been requested within 15
days after the close of each calendar quarter. The format of the report will be approved
by the Council. The City Manager shall only submit city business expenses for
reimbursement, providing all the requisite backup, including invoices, receipts and/or
other similar documentation.
(f) Advice of Council. Matters of significant importance (i.e., the
hiring/appointment of senior or highly compensated staff or third party contractors,
changes in the interpretation of the RPVMC, interaction or decisions with respect to high
profile city residents/businesses, notification of significant changes to contracts,
interaction or decisions with respect to any individual or entity that has initiated or
threatened litigation, issuance of any press release, etc.) will require written notification
to the City Council within two days thereof. Thereafter, upon the request of any
Councilmember, provided no detrimental reliance has arisen therefrom, the matter shall
be placed on a public agenda for consideration by the Council.
2.7 City Attorney
(a) Authority. The City Attorney, or deputy, shall attend all meetings of
the Council unless excused and shall attend all meetings of such other boards and
commissions as directed by the Council or City Manager. The City Attorney serves as
advisory parliamentarian for the City. Final rulings on parliamentary procedure are made
by the Presiding Officer. All ordinances and resolutions and all contracts, deeds,
easements or other legal instruments shall be approved as to form and legality by City
Attorney. In any case of ambiguity or uncertainty in the interpretation or application of
this Manual to any procedure, the Presiding Officer may direct such question to the City
Attorney for a ruling.
(b) Attorney -Client Privilege. The City Attorney is the legal
representative of the City acting through its City Council. Any member of the Council
may request from the City Attorney a legal opinion regarding any matter related to the
interests of the City. Where a legal opinion involves substantial cost, the request for the
opinion must first be approved by the City Manager or by a majority of the Council.
There is a continuing legal question as to whether the City Attorney may have an
attorney-client relationship with any individual member of the Council or the staff. As a
consequence, any discussion with the City Attorney which leads to the conclusion that
the interests of the City are at risk must be revealed to all relevant members of the
Council and the staff by the City Attorney. The City Attorney shall not have an attorney-
client relationship with individual Councilmembers. The City Attorney is required to
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maintain the confidentiality of such communications from persons outside the City to the
extent required or permitted by law and the code of ethics.
(c) Conflict Opinions. The City Attorney has no statutory duty or
authority under the Political Reform Act to provide Political Reform Act advice to any
Councilmember but should provide advice to members when requested. However, a
Councilmember may not rely on advice from the City Attorney to provide him or her with
immunity from Fair Political Practices Commission ("FPPC") enforcement or
prosecution. Such immunity may be obtained only through a written advice letter
obtained from the FPPC by the Councilmember. A Councilmember enjoys no privilege
of attorney-client confidentiality with the City Attorney any such advice cannot be
withheld from the rest of the Council. If, after receipt of an opinion of the City Attorney,
the Councilmember wishes to participate in the decision-making process with immunity
from prosecution, the City Attorney shall assist the Councilmember in making direct
contact with the FPPC for informal or formal advice upon which the Councilmember can
rely.
(d) Amicus. From time to time, other jurisdictions or the League of
California Cities or other regional or statewide association will ask the City to participate
in the filing of a letter or brief before a court in a matter deemed to be of concern to
cities generally and which would benefit the City. These "friend of the court," or "amicus"
briefs show the court that its decision will have broad impact. Such participation is
normally without direct cost to the City. In considering whether to direct City Attorney to
file an amicus brief, the Council shall consider whether such brief would benefit or
conflict with other City -related interests such as, without limitation, the interests of
employee organizations, law enforcement or public safety.
(1) Upon receipt of the request, the City Attorney shall make the
request available through the City Manager to the Council. Upon a determination by any
Councilmember that there is an interest in participating in the action in the manner
proposed, the Councilmember shall inform the City Manager or City Attorney who shall
place the matter as an item for discussion in closed session on the agenda of the next
Council meeting. The City Attorney may also place an amicus request on the agenda on
his or her initiative.
(2) In lieu of the foregoing process, where there is urgency to
the matter, the City Attorney is authorized to undertake the filing of the letter or brief
where (i) in the opinion of City Attorney the legal matter significantly affects the interests
of the City, (ii) the City Attorney has consulted with and received the approval of the City
Manager, (iii) the cost to the City will not exceed $5000, and (iv) the City Attorney
makes a written report of the action to the Council.
(3) Approval given to City Attorney to defend, seek or refrain
from seeking, appellate review or relief, or to enter as an amicus curiae in any form of
litigation as the result of a closed session consultation shall be reported in open session
at the public meeting during which the closed session is held. The report shall identify, if
known, the adverse party or parties and the substance of the litigation. In the case of
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approval given to initiate or intervene in an action, the announcement need not identify
the action, the defendants, or other particulars, but shall specify that the direction to
initiate or intervene in an action has been given and that the action, the defendants, and
the other particulars shall, once formally commenced, be disclosed to any person upon
inquiry, unless to do so would jeopardize the agency's ability to effectuate service of
process on one or more unserved parties, or that to do so would jeopardize its ability to
conclude existing settlement negotiations to its advantage.
2.8 City Clerk
(a) General. The City Clerk or his/her designee shall attend all
meetings of the Council unless excused by the City Manager, and in her/his absence,
the Deputy City Clerk shall substitute. The City Clerk shall ensure that all agendas are
prepared, noticed, and distributed in accordance with the Brown Act. The City Clerk
shall record, prepare and maintain the official record of the Council and perform other
related duties as prescribed by the Council and/or City Manager.
(b) Minutes. An account of all proceedings of Council open meetings
shall be kept by the City Clerk. The City Clerk shall prepare an abbreviated record of the
meetings proceedings for approval by the Council, which when adopted by the Council,
shall be the official Minutes of the meeting. Amendment of the minutes may be made
only as to factual accuracy and not as to a change of intent. The Minutes of the meeting
need not be verbatim. Only the best and most complete available recording of the
meeting shall constitute the official record of the Council, but the Minutes shall
constitute the official record of the Council meeting where a verbatim record of the
meeting is not available.
2.9 Deputy City Manager/Department Heads/Employees
The Deputy City Manager, Department Heads and other city employees, as
directed by the City Manager, shall attend Council meetings.
2.10 Power to Issue Subpoenas
The Council may issue subpoenas requiring attendance of witnesses, or
production of books, or other document for evidence, or testimony any action or
proceeding pending before it. (Govt. Code § 37104.) Subpoenas shall be signed by the
Mayor and attested to by the City Clerk. They may be served in same manner as
subpoenas in civil actions.
3.0 TYPES OF MEETINGS
3.1 Public Meetings
In accordance with the Brown Act (Govt. Code §§ 54950 et seq), all meetings of
the Council and all its commissions, committees and bodies, including standing
committees, shall be open to the public, except for (i) portions of meetings which can be
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conducted in closed session, (ii) meetings of less than a quorum, or (iii) meetings of
non -governing bodies operating in a wholly advisory role.
3.2 Regular Meetings
The Council shall meet in the Council Chambers located at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, for all regular meetings. Regular
meetings of the Council shall be held on the first and third Tuesday of each month at the
hour of seven p.m. in the Council Chambers except as follows:
(a) When a Rancho Palos Verdes municipal election is conducted in
the City on the first or third Tuesday of any month, the meeting shall be held on the next
succeeding day, that is not a holiday.
(b) When an official City holiday falls on the first or third Tuesday of
any month, the meeting shall be held on the next succeeding day that is not a holiday.
Only closed sessions and study sessions may be held between six p.m. and
seven p.m. unless a regular meeting is adjourned to, or a special meeting is called for,
such time. All study sessions shall be noticed and open to the public and taped for
future telecasting on local TV provided that no telecasting is required during closed
sessions.
No study session or closed session will be held during such hours unless the
agenda is posted at least seventy-two hours prior to the meeting as required by Section
54954.2 of the California Government Code. No action shall be taken during any study
session held between such hours unless the agenda so provides.
The Council will adjourn its meetings on or before 11:00 p.m. and will not
consider new business items after 10:15 p.m., unless the majority of the
Councilmembers who are present affirmatively vote either to extend the meeting after
11:00 p.m. or to consider new business after 10:15 p.m. If the meeting ends before all of
the items listed on the agenda are completed, any unfinished business will be continued
to the next regular meeting unless the Council determines to consider the matter(s)
earlier at an adjourned regular meeting. The City Clerk, or his or her deputy, will post
notice of any continued hearing or other unfinished business, as required by law.
3.3 Notice of Regular Meetings
For every regular Council meeting, the City Clerk or his or her designee, shall
post a notice of the meeting, specifying the time and place at which the meeting will be
held, and an agenda containing a brief description of all the items of business to be
discussed at the meeting, as set forth in Section 5.2. The notice and agenda may be
combined into a single document.
The notice and agenda must be posted at least seventy-two (72) hours before
the regular meeting in a location freely accessible to the public twenty-four (24) hours a
day during the seventy-two (72) hour period and where the notice and agenda is not
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likely to be removed or obscured by other posted material, in the manner provided in
Section 3.5. Specifically, the notice and agenda shall be posted at the places indicated
below, and/or at such other location(s) as the City Clerk may designate:
City Hall
City Website
The locations for posting may be revised from time to time by resolution of the Council.
3.4 Adjourned Meetings
Any meeting of the Council may be adjourned to a later date, place and time,
provided no adjournment is for a longer period than the next regularly scheduled
meeting.
3.5 Special Meetings
Special meetings may be called by the Mayor, or by a majority of the
Councilmembers, by delivering written notice to each Councilmember and to each local
newspaper of general circulation and any radio or television station requesting such
notice, in accordance with Government Code Section 54956. The notice for a special
meeting must specify the subject(s) to be considered, and only the matters specified in
the notice may be discussed at special meetings. The notice for a special meeting shall
be conspicuously posted at least twenty-four (24) hours prior to the special meeting in a
location that is freely accessible to the public twenty-four (24) hours a day and where
the notice is not likely to be removed or obscured by other posted material. Specifically,
the notice shall be posted at the same locations designated for posting of the regular
agenda, and at such other location(s) as the City Clerk may designate.
3.6 Closed Session Meetings
(a) Generally. The Council may hold closed sessions during a regular
or special meeting, or at any time otherwise authorized by law, to consider any matter it
is authorized to consider in closed session. Public comment shall be permitted on
closed session matters prior to the closed session. If a closed session is included on the
agenda, the description of the item shall meet the requirements of and shall identify the
statutory basis for the closed session. During closed session, the Council shall exclude
all persons which it is authorized by state law to exclude from a closed session. No
minutes of the proceedings of the Council during a closed session are required. Closed
session may not be held regarding a matter not listed on a properly posted agenda for
closed session except upon the Council first taking action to place the item on the
agenda as a closed session item as provided in Section 5.1 and as permitted by law.
(b) Confidentiality. No person attending a closed session shall publicly
discuss or otherwise reveal the discussion, content, and/or proceedings of the closed
session unless such disclosure has been approved by the vote of the Council taken
during the closed session or as otherwise required by law. Violation of this rule may
subject the violator to various penalties including (i) censure by the Council as provided
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in Article 9.0 herein, (ii) criminal penalties as the willful failure to perform a duty under
Government Code Section 1222, or other statute, (iii) referral to the grand jury, or (iv)
civil actions, including issuance of an injunction. If minutes are kept, they are not a
public record and shall be kept confidential and shall be available only to
Councilmembers or as otherwise provided by law (Government Code § 54957.2(a)).
(c) Public Reports. Before recessing into closed session, the Presiding
Officer or City Attorney shall announce that the body is recessing into closed session
and shall name each closed session topic that will be discussed in closed session.
Public comment will be allowed on closed session agenda items prior to the closed
session. Upon leaving closed session, the Presiding Officer or City Attorney shall report
publicly any reportable actions taken on a closed session matter and, if any vote was
taken, shall announce that the matter was put to a vote, the results of the vote, and how
each Councilmember voted.
3.7 Study Session Meetings
The Council may meet informally in conference or "study" sessions regarding
concerns of the Council to gather and exchange information, and such meetings shall
be subject to the Brown Act, provided that all discussions and conclusions shall be
informal. Such meeting shall be called in the same manner as for special meetings or
adjourned meetings, as applicable. Each notice shall indicate that an opportunity for
public comment shall be provided before any matter shall be determined. When a
meeting has been designated a Study Session, the Council shall not take any action
with respect to the matter under study other than directing the City Manager to take
action on a particular item which will be brought back before the Council for formal
action or with prior public notice appearing on a properly posted agenda of such intent
to take action.
3.8 Media Attendance
Except for closed sessions, all meetings of the Council and City boards and
commissions shall be open to the media, and may be recorded by tape, radio,
television, or photography, provided such recordings do not interfere with the orderly
conduct of the meetings.
3.9 Recess
Once every hour and one-half, or as Council business permits, the Council shall
recess for a period of time specified by the Mayor.
3.10 Redevelopment Successor Agency and Improvement Authority Business
Unless otherwise directed by the Council, upon adjournment of the regular
Council meeting held on the first Tuesday of each month, the Council will meet as the
Successor Agency to the Rancho Palos Verdes Redevelopment Agency and then as
the Rancho Palos Verdes Improvement Authority. The meeting of these bodies shall be
conducted in accordance with these Rules.
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3.11 Civic and Other Events
(a) Notify City Manager of Meeting. If a quorum or more of the
Members of the Council will attend an event where City business will be discussed by a
quorum of the Council, the Councilmembers shall notify the City Manager so that the
event can be noticed as a Council meeting in accordance with the provisions of the
Brown Act.
(b) Attendance at Conferences and Social Events Permitted.
Notwithstanding the foregoing, three or more members of the Council may attend
conferences and social or community events in accordance with the Brown Act so long
as City business is not conducted at such events. In the event City expenditure is
proposed for other invited guests (as permitted by state law), such expenditure must be
approved by the Council at a regularly scheduled Council meeting that is held in
advance of the event.
4.0 OFFICERS
4.1 Election of the Mavor
The Mayor is a member of the Council and shall be publicly elected by a majority
vote of Council at the first regular meeting in December or, in the case of an election
year, upon certification of the election results. The individual who is elected by the City
Council as Mayor serves as Mayor at the pleasure of the Council. As a Councilmember,
the Mayor shall have all the powers of a member and only such additional powers as
specified herein or in the RPVMC.
4.2 Mavor Pro Tem
The Mayor Pro Tem is a member of the City Council and shall be publicly elected
by a majority of the Council. The individual who is elected by the Council as Mayor Pro
Tem serves as Mayor Pro Tem at the pleasure of the Council. Should the Mayor, for
any reason, be out of Los Angeles County for a period of 24 hours or longer, he / she
shall notify the Mayor Pro Tem and the City Manager of his/her intent and the Mayor
Pro Tem will assume the Mayor's duties until the Mayor has notified the Mayor Pro Tem
and the City Manager of his/her return to Los Angeles County.
4.3 Presidina Officer
(a) Determination of Presiding Officer. The Mayor, if present, shall
preside at all meetings of the Council as the Presiding Officer. In the Mayor's absence,
the Mayor Pro Tem shall preside. In the absence of both, the Councilmembers present
shall elect a temporary Presiding Officer.
(b) Presiding Officer Participation. The Presiding Officer's most
important function is to run an efficient meeting and to move the discussion forward and
encourage participation. Notwithstanding the Presiding Officer may move, second, and
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debate from the Chair, and shall not be deprived of any rights and/or privileges of a
Councilmember.
(c) Obligations of Presiding Officer. The Presiding Officer shall have
the authority to rule any speaker out of order, including speakers during the public
comment period, if the subject raised is not within the subject matter jurisdiction of the
Council, or during a public hearing if the speaker is not presenting testimony or
evidence relevant to the matter which is the subject of the public hearing. The Presiding
Officer shall have the responsibility for the conduct of meetings in an orderly manner
and to prevent the obstruction of business, and in carrying out this responsibility, shall
have the authority to give the floor to any Councilmember or public by recognizing them,
to prevent the misuse of legitimate forms of motions or privileges, to take matters up
that are deemed out of order, to caution speakers as to disruptive behavior, and to order
any persons willfully interrupting the meeting to be removed from the room, as provided
in Sections 4.6 and 6.2. Where large numbers of speakers wish to address a matter, the
Presiding Officer can shorten the normal time period for speaking, call for
representatives to speak for the group, and/or limit repetitious speakers.
4.4 Point of Order
Any determination made by the Presiding Officer can be questioned by raising a
point of order, and if the determination is not satisfactorily modified by the Presiding
Officer, it may be appealed by the making of a Motion to Appeal the Ruling by any
Councilmember. The Presiding Officer's determination will stand unless a majority of the
Councilmembers vote in favor of the Motion to Appeal the Ruling, in which case the
ruling of the Presiding Officer will be overridden. The Motion to Appeal the Ruling is
governed by the Chart of Motions attached as Exhibit A.
4.5 Personal Privileae
If a Councilmember is personally offended by the remarks of another member,
the offended Councilmember may call for a "point of personal privilege" that challenges
the other member to justify the remarks or apologize for the language used. The
Presiding Officer will maintain control of such discussion. The right of a member to
address the Council on a question of personal privilege shall be limited to cases in
which his integrity, character, or motives are assailed, questioned or impugned.
4.6 Preservation of Order
The Presiding Officer shall preserve strict order and decorum, and shall confine
debate to the item under discussion, and shall discourage debate between
Councilmember's and persons addressing the Council. Any person conducting their
public remarks or behavior before the Council in such a way as to actually cause
disruption to the conduct of the meeting, may be removed from the room by the
enforcement officer as directed by the Presiding Officer. Remarks from the audience,
stamping of feet, whistles, yells and similar disruptive demonstrations shall not be
tolerated nor permitted by the Presiding Officer, who may direct the enforcement officer
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to remove such offenders from the room or call a recess of the meeting whereby the
Council will leave the chamber and the chamber may be cleared. Aggravated cases
may be prosecuted on appropriate complaint signed by the Presiding Officer. In
accordance with Section 6.2, the Presiding Officer shall provide a verbal warning prior
to ordering removal of any person unless circumstances make it unreasonable to do so.
4.7 Councilmember Decorum
(a) Recognition. Any Councilmember wishing to speak, or any member
of the public wishing to address the Council, must first obtain the floor by being
recognized by the Presiding Officer. The Presiding Officer must recognize any
Councilmember who seeks the floor when appropriately entitled to address the Council.
The Presiding Officer should generally recognize a councilmember who has not spoken
before recognizing a Councilmember a second time. The Councilmember shall confine
himself or herself to the question under debate.
(b) Motions. Any Councilmember, including the Presiding Officer, may
bring a matter of business properly before the Council for decision by making a motion.
All motions require a second. Without a second, the motion will die. Once a motion is
seconded, it may be opened for discussion and debate, but the Presiding Officer may
permit discussion prior to the motion. Once the Council has had a chance to speak in
favor or against the motion, the Presiding Officer will call for a vote. Any
Councilmember, including the Presiding Officer, except the Councilmember making the
motion, may second a motion.
(c) Interpretation. 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 Councilmember chooses to
yield to questions from another Councilmember. Any Councilmember called to order
while speaking shall cease speaking immediately until the question of order is
determined.
(d) Enforce Rules. Any Councilmember may move to require the
Presiding Officer to enforce rules, and the affirmative vote of a majority of the Council
shall require the Presiding Officer to so act.
(e) Texting. Councilmembers shall not engage in communications
between themselves or members of staff during the Council meeting (including breaks)
regarding matters being considered on the agenda unless and until the Council has
opened that agenda item. No electronic texting is permitted between Councilmembers,
or between Councilmembers and the public during meetings. In order to minimize
exposure to a Brown Act violation, Councilmembers are discouraged from discussing
any City business during breaks or before and after meetings. City business may only
be discussed by a quorum of Councilmembers when opened as a duly -noticed agenda
item.
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(f) Discussion/Debate. Councilmembers shall practice civility and
decorum in discussions and debate, and shall honor the authority of the Presiding
Officer in maintaining order.
5.0 AGENDAS
5.1 No Discussion of Item Not on Agenda
No action or discussion shall be undertaken on any matter not appearing on a
properly posted agenda except (i) councilmembers or staff can briefly respond to
statements or questions arising during public comments (Section 6.1(d)); (ii) oral reports
may be given pursuant to Section 5.1; and (iii) matters are added by a 2/3 vote of the
members present, or if less than 2/3 are present, a unanimous vote of those present,
where a finding is made that there is a need to take immediate action and the need to
act arose subsequent to the posting of the agenda; and (iv) such other causes permitted
by the Brown Act (G.C. 54954.2). An "action is taken" within the meaning of the Brown
Act when a collective decision is made by a majority of the Councilmembers, including a
collective commitment or promise to make a positive or negative decision upon a
motion, proposal, order, or other action.
5.2 Agenda Description
The agenda description may be brief but with sufficient detail so that a person
otherwise unaware of the topic could determine the general nature or subject matter of
the item by reading the agenda. Recommended actions will be listed on the agenda.
5.3 City Manager Prepares Agenda With Mayor Oversight and Concurrence
The City Manager prepares the agenda in conjunction with and with the
concurrence of the Mayor, including the order and priority of agenda items. In
establishing the agenda, consideration should be given to the estimates of time required
for the Council to review, consider and take action regarding each agenda item and the
meeting deadlines established in Section 3.2. In the absence of the Mayor, the Mayor
Pro Tem will assume this responsibility as the Council's representative. The Mayor will
provide the appropriate oversight to ensure that agenda items are timely and responsive
to the needs of the residents. The City Manager is responsible for having appropriate
staff reports with sound professional recommendations ready for inclusion in all Council
Agenda packages. Should occasions arise where that is not possible, the City Manager
will so advise the Mayor who will decide a course of action.
5.4 Schedulina Tentative Aaenda Items
All members of the Council shall be made aware of tentative agendas for
upcoming meetings on a weekly basis. Individual Councilmember's may request that an
item currently included and listed as a tentative agenda item be placed on a specific
agenda by making such requests to either the Mayor or the City Manager. The Mayor
may decide that other issues have greater priority and will either schedule the item for a
different agenda or deny the request.
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5.5 For Future Agenda Items
If the Mayor declines to place the requested item on an upcoming Council
agenda, the Councilmember may then make the request directly to the Council at a
Council meeting under the business item entitled "Tentative Agenda Items" and a
majority of the Councilmembers must vote to place the item on a specific agenda, and if
that action is taken, the Council will specify the meeting agenda upon which the item
shall be placed.
5.6 Staff Reports
All agenda items shall be accompanied by a staff report. Staff shall strive to
provide staff reports to the Council with sound, professional recommendations on a
course of action for all City issues to the maximum extent practical along with pertinent
facts and analysis to enable the Council to make an informed decision. The report shall
include specific recommendations in the form of a motion which could be taken, along
with alternative actions which could be taken. If a Councilmember prepares a report for
an agenda item, it shall be submitted to the City Manager at the same time that other
agenda reports are to be submitted.
It is within the prerogative of the Council to, by unanimous consent, waive the
actual oral presentation of any report.
5.7 Order of Business
(a) Call to Order, Roll Call, Pledge of Allegiance
(b) Closed Session Report
(c) Ceremonial
(d) Mayor's Announcements
(e) Drawings (Recycling and Others)
(f) Approval of Agenda
(g) Public Comments
(h) City Manager Report
(i) Consent Calendar
(j) Public Hearings
(k) Regular Business
(1) Future Agenda Items
(m) Council Oral Reports
(n) Adjournment
5.8 Aaenda Preparation Distribution
The Agenda shall be delivered to the Mayor and Councilmembers as soon as
practicable after 5:30 p.m. on the Wednesday preceding the Tuesday meeting. The
agenda shall be posted on the bulletin board at City Hall at the same time that it is
distributed to the Councilmembers. If the agenda is distributed to Councilmembers after
5:30 p.m., the full agenda packet, including reports, shall be made available to the
public upon request without delay, in accordance with the provisions of the Brown
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Act. Closed session reports will be delivered to Councilmembers by the Friday evening
prior to the meeting, unless circumstances prevent such distribution.
5.9 Agenda Posting
In accordance with Section 3.3 herein, the City Clerk shall post, in a location that
is freely accessible to members of the public and on the City's website, an agenda at
least 72 hours before a regular meeting. The agenda shall specify the time and location
of the meeting and contain a brief description of each item of business to be transacted
or discussed.
5.10 Minutes
Minutes will be approved by posting them as a Consent Calendar item and after
the City Clerk previously furnished a copy to each Councilmember.
5.11 Public Comments
During Public Comments, any person may address the Council on any subject,
provided that the item is within the subject matter jurisdiction of the Council and is not
otherwise on the agenda. Comments shall conform with Section 6.1.
5.12 Public Hearinas
Items requiring a Public Hearing will be published and/or mailed to property
owners as required by law. Public hearings shall be conducted in accordance with
Article 8.0.
5.13 Consent Calendar
(a) Items Appropriate for Consent Calendar. Items listed under the
Consent Calendar are those items the City Manager believes, and the Mayor concurs,
will not normally require Council discussion and are considered ministerial and routine,
or of a periodic or recurring nature. The Consent Calendar may also contain resolutions
confirming prior Council action. However, the Consent Calendar is not for new policies
that have not been discussed previously by the Council or any item that is anticipated to
require discussion by the Council. Accordingly, any matter where the City Manager with
the concurrence of the Mayor, believes (i) it unlikely that there would be unanimous
approval by the Council, or (ii) there is likely to be public comment on the matter, or
(iii) a public presentation of the matter would be beneficial to the community, should be
on the Regular Business portion of the meeting.
(b) Excluded Consent Items. Any member of the Council may remove
an item for discussion or clarification. Items removed from the Consent Calendar will be
heard after the Regular Business section of the agenda, unless otherwise directed by
the Council. If an item has been removed from the Consent Calendar, and a member of
the public has requested to speak on that item, the item shall be heard immediately
after the approval of Consent Calendar.
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5.14 Oral Reports
(a) General. Regular agenda items include oral reports by the Council
and City Manager. These can be used to inform the public concerning upcoming events,
report on attendance at conferences and seminars, or similar matters. These matters
may not be discussed, opined upon or deliberated, and if they do not concern a matter
on the agenda, shall be handled by the Presiding Officer according to the same
procedures set out for Public Comment in Section 6.1(d). No action may be taken on
such matters without being placed on a subsequent agenda.
(b) Council Reporting Obligations. Councilmembers have reporting
obligations as to events attended as an elected official of the City. The Mayor may, with
the consent of the Council, limit the time for such reports or defer them to a future
meeting, provided that the Councilmember's legal reporting obligations are met.
Councilmembers are required to provide a brief oral report on their attendance at any
meetings where City funds have been expended. Detailed reports should be made in
writing. Written reports will be posted on the City's website. Reports should generally
omit functions that are purely of a social, charitable, or personal nature.
(c) City Manager Reports. The agenda matter referred to as City
Manager Reports may be used by the City Manager as provided in Subsection (a)
above to make announcements without separately listing each item on the agenda, and
subject to the same restriction that there may be no discussion or action on such matter
without being placed on a subsequent agenda.
6.0 CITIZENS' RIGHTS
6.1 Addressing the Council
(a) Times for Public Comment. Any person may address the Council
on the following portions of the agenda:
(1) Public Comments as provided in Section 5.5.
(2) Public Hearings as provided in Article 8.0.
(3) All other portions of the agenda prior to a vote, if any, being
taken.
(b) Comments on Agenda Items. Members of the public shall have the
opportunity to address the Council on each and every item listed on the agenda. Public
comment on agenda items will generally be heard prior to Council
consideration/discussion of the item. Public comments on an agenda item may be heard
either in combination with the General Public Comment period at the start of the
meeting, or at the time the Council opens the item, or both, as determined by the
Council and set forth in the agenda.
(c) Procedures for Public Comment.
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The following shall apply:
(1) Each person addressing the Council shall step to the podium
and give their name for the record and identify the subject
matter of the comment. The giving of an address is strictly
voluntary.
(2) Each speaker is limited to three minutes on Public
Comments. All remarks shall be directed to the Mayor and
Council as a body and not to any particular member.
(3) No person, other than members of the Council and the
person having the floor, shall be permitted to enter into the
discussion.
(4) No question shall be asked of Councilmembers or staff
except through the Mayor.
(5) The Council may limit the public input on any item based on
the number of people requesting to speak, the length of the
agenda, or the business of the Council.
(6) All questions from Councilmembers must be limited to facts -
only informational inquiries, and the Council may not discuss
the merits, express any opinions or ask questions that
convey opinions or thought processes with respect to any
non-agendized issue.
(7) These guidelines will generally apply to special meetings as
well, but the Council reserves the right to otherwise limit or
preclude Public Comments during special meetings to items
listed on the agenda of the special meeting.
(d) Response to Comments. At the close of the speaker's comments,
or the close of the period for public comment, the Presiding Officer may ask staff to
respond to the speaker's comments. Unless there is an agenda item on the subject, the
speaker comments may not be responded to substantively. If there is an agenda item,
the substantive response shall be deferred until the matter is considered. The Presiding
Officer may only refer the matter to staff for investigation and/or response; or request
that the matter be placed on an agenda for a subsequent meeting for action by the
Council.
6.2 Disorderly Conduct
(a) Disorderly Conduct Prohibited. No speaker or person in the
audience at a Council meeting shall engage in disorderly or boisterous conduct,
including the utterance of loud, threatening, or abusive language, whistling, stamping of
feet, booing or other acts which disturb, disrupt or otherwise impede the orderly conduct
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of any Council meeting. Applause will be permitted, as deemed acceptable by the
Presiding Officer, except during public hearing items.
(b) Examples. Examples of remarks or behavior that can cause actual
disruption of the Council proceedings include but are not limited to:
(1) Failure to comply with an order to be seated or refrain from
disrupting the meeting.
(2) Interrupting speakers.
(3) Calling members of the audience names.
(4) Extended discussion of irrelevancies or being unduly
repetitious.
(5) Physical threats.
(6) Shouting into the microphone.
(7) Dumping items on the floor of the chamber or using similar
physical props.
(8) Speaking past time limits unless a time extension is
requested and are granted.
(9) Constant interruptions.
(10) Interruption of the meeting to make "objections".
Examples of conduct judicially determined not to be disruptive include (i) silent
gestures by members of the audience, such as a thumbs up or thumbs down, or salutes
that are not otherwise disruptive of the meeting, or (ii) catcalls or booing during a time
allowed for applause that does not otherwise disrupt the meeting. Mere criticisms of
public officials or staff that may reasonably be inferred as showing disrespect or tending
to embarrass such officials, without other conduct disrupting the meeting, is not
considered disorderly conduct.
(c) Sanction. Any person who conducts himself or herself in the
aforementioned manner shall, at the discretion of the Presiding Officer or by a majority
of the Council, pursuant to a point of order requested pursuant to Section 4.4 of these
Rules, be barred from further audience before the Council during the meeting. The
Presiding Officer shall request that a person who is breaching these Rules be orderly
and silent. If, after receiving a warning from the Presiding Officer, a person persists in
disturbing the meeting, the Presiding Officer may order the person to leave the Council
meeting. If such person does not immediately remove himself or herself, the Presiding
Officer may order any law enforcement officer who is on duty at the meeting or a
sergeant -at -arms of the Council, to remove the person from the Council Chambers.
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Alternatively, the Presiding Officer may recess the meeting until a law enforcement
officer is able to arrive and remove the disruptive person.
(d) Clearing Room. As set forth in 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 infeasible, and if order cannot be restored
by the removal of individuals who are willfully interrupting the meeting, the
Councilmembers may order the meeting room cleared and continue the meeting. Only
matters appearing on the agenda may be considered in such a session. Duly accredited
representatives of the press or other news media, except those participating in any
disturbance, shall be allowed to attend the session held pursuant to this Section.
Nothing in this Section shall prohibit the Council from establishing a procedure for
readmitting an individual or individuals not responsible for willfully disturbing the orderly
conduct of the meeting.
6.3 Reading of Protests
Interested persons or their representatives may address the Council for the
reading of protests, petitions or communications relating to the matter under
consideration if a majority of the Council agrees that the person should be heard. Such
presentation shall be subject to the time limits that have been established for
addressing the Council.
6.4 Written Communications
Any person(s) may submit written comments to the Council through the City
Clerk or City Manager's office and request that Council receive copies in the agenda
packet, provided such written comments are received in sufficient time to include them
in the agenda packet. Written communications may consist of letters, facsimiles or
messages received by electronic mail. Written communications that are submitted after
the agenda has been distributed to the Council will be distributed to the Council as late
correspondence. It is strongly recommended that such communications be received by
the Monday preceding regular Council meeting in order for the Council, as well as the
public to have an opportunity to read the communication.
7.0 ORDINANCES, RESOLUTIONS AND CONTRACTS
7.1 Document Preparation
The content and form of all ordinances and resolutions shall be approved by the
City Attorney. All ordinances shall be clear and a statement of content is included when
useful for future interpretation. No ordinance shall be prepared for presentation to the
Council unless ordered by a majority vote of the Council.
7.2 Document Approval
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All ordinances, resolutions, and contracts shall, before being placed on the
agenda, be approved as to form and legality by the City Attorney. All documents shall
be reviewed by the City Manager.
7.3 Ordinance Introduction/Adoption
A proposed ordinance will be read by title only unless a Councilmember
disagrees that the ordinance can be read by title only and requests a full reading.
Ordinances introduced by first reading shall not be adopted within five days of the
introduction, nor at other than a regular or an adjourned regular Council meeting. If the
ordinance carries an urgency clause, introduction and adoption may occur at the same
meeting. After an ordinance has been introduced for first reading, it can be placed on
the Consent Calendar for adoption at a subsequent meeting. Voting requirements are
contained in Article 12 herein.
7.4 Ordinance Preservation
Following adoption of an ordinance, the City Clerk will assign it a number and
post it according to state law. All ordinances are filed and preserved in the City Clerk's
Office.
8.0 PROCEDURES REGARDING PUBLIC HEARINGS
8.1 General
When public hearings are required by law and involve the adjudication of
individual property rights and interests, they are considered to be quasi-judicial
proceedings in which the individual has due process rights. Accordingly, such hearings
need to be conducted formally and with due process to protect the rights of all persons.
Applicants are entitled to a decision by an unbiased body which has not prejudged the
matter before hearing all evidence relevant to the decision to be made.
8.2 Staff and Written Material Presentation
(a) Staff Report. Staff reports, which shall include the findings and
determinations that the Council is required to make, included in the agenda packet,
along with written comments (e.g. protests, etc.) which have been received, are noted
for the record, and received and filed.
(b) New Written Material. Written material not in the agenda packet, if
any, is received and filed.
(c) Oral Report. Oral staff reports, if any, are presented by a staff
member, unless waived by the Council.
(d) Council Questions of Staff. Prior to hearing public testimony or
comments, Councilmembers are encouraged to raise factual issues or questions which
can clarify and identify issues of concern. Councilmembers shall refrain from asking
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questions or expressing opinions which tend to show the Councilmembers have formed
opinions before the hearing has been conducted and public testimony received.
(e) Record. All the aforementioned materials shall be deemed a part of
the public record, even though the public hearing is not opened until conclusion of the
staff report. All discussions following the close of the hearing are also a part of the
record of the matter.
8.3 Public Hearing
(a) Hearing. Following the presentation of the staff report, the Presiding
Officer shall open the public hearing in order to take testimony from members of the
public who wish to testify in support or opposition to the matter being heard. The
Presiding Officer may establish an order for speakers, such as those in favor or
opposed.
(b) Procedures. Based on the number of persons wishing to speak,
ground rules can be set as long as they are evenly applied, limiting speaker times,
providing for representative speakers and so forth. The Presiding Officer's instructions
to the audience may vary and will depend upon the issue being discussed. Generally,
the instructions will follow these general guidelines:
(1) Participants must speak from the podium;
(2) The normal time limit for each speaker is three minutes;
(3) The testimony should be relevant;
(4) Repetition should be avoided;
(5) Speakers will be discouraged from reading a submission that
is already contained in the agenda materials;
(c) Speaker Time. Although the normal time limit is three minutes for
each speaker, the Presiding Officer may grant additional time to a representative
speaking for an entire group. However, this should not discourage anyone from
addressing the Council individually. Speakers may not allocate or assign their time to
another speaker. absent approval by the Presiding Officer.
(d) Principal Parties 10 Minutes Each. The appellant or their
representative speaks first and will generally be allowed ten minutes. If the applicant is
different from the appellant, the applicant or their representative will speak following the
appellant and will also be allowed ten minutes to make a presentation. Other public
speakers will follow the presentation by the appellant and the applicant. Normally, the
applicants and appellants will be limited to a three minute rebuttal, if requested after all
other interested persons have spoken.
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(e) Questioning Speakers. The Council will generally reserve
questioning of individual speakers until after the completion of the speaker's testimony.
Questions still need to be factual and without bias until the hearing is concluded and all
testimony is received. Questions of staff should not be interjected when speakers are
questioned and questions of staff shall occur after the close of the hearing.
8.4 Council Deliberations
(a) Closure of Hearing. After the Presiding Officer has determined that
there is no more public testimony, the hearing will be ordered closed and the Council
will then deliberate on the matter. After the hearing is closed, there should be no further
public testimony unless the Presiding Officer reopens the hearing.
(b) Answering Speaker Questions. At the Presiding Officer's discretion,
after the close of the hearing, staff and/or Council may answer questions posed by
speakers during their testimony.
(c) Questions by Council. The Council may also ask staff to address
questions raised by the testimony, or to clarify matters.
(d) Debate. The Council will then debate and/or make motions on the
matter.
(e) Member Limitations. During Council deliberations, the Presiding
Officer will allow each Councilmember to speak once prior to allowing another
Councilmember to speak again. Councilmembers should strive to avoid repetition.
Councilmembers are permitted to ask questions of each other or debate relevant issues
as part of their deliberations.
8.5 Council Action
(a) Continuance. The Council may reopen and continue the hearing or
continue the matter without reopening the hearing.
(1) The matter should be reopened if any additional information
is requested to allow testimony on the new information when it is obtained.
(2) Continuing a public hearing to a specific date does not
require additional notice but would be re -noticed if no specific date is identified.
(b) Actions. The Council may:
(1) Vote on the item;
(2) Offer amendments or substitute motions to decide the
matter;
(3) Reopen the hearing for additional testimony;
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(4) Continue the matter to a later date for a decision. No
additional testimony may be received if the hearing is not
continued.
(c) Findings. Councilmembers should generally explain their actions in
quasi-judicial matters, and should make appropriate findings to support their action.
Written resolutions may be adopted or prepared for a subsequent meeting.
(d) Tie Votes. A tie vote is, in effect, a denial of the matter. In the event
of a tie vote, (i) if a Councilmember was absent, or (ii) if it was a quasi-judicial matter,
the matter will be automatically continued to the next meeting without reopening the
hearing. No motion to reconsider is required.
8.6 Extra -Meeting Contacts on Matters Set for Public Hearing
(a) Minimize Contact. Councilmembers should minimize their contacts
with developers, applicants, or other persons who will be the subject of a quasi-judicial
public hearing to be heard before the Council. Councilmembers should avoid extra -
meeting contacts with persons who will be the subject of a public hearing before the
body or with advocacy groups or special interest groups.
(b) Any Extra Meeting Comments Noncommittal. If a Councilmember is
contacted directly by such person outside the meeting setting, the Member shall refrain
from expressing any viewpoints or thought processes to the person until after the public
hearing. The Councilmember may explain that they are unable to express any viewpoint
on the matter until all evidence has been heard in the course of a public hearing and
should encourage any such person to present their position in writing or orally at the
public hearing.
(c) Disclosure. At the commencement of the public hearing, the
Councilmember must disclose publicly any extra -meeting contacts or discussions which
may be relevant to the decision.
(d) Inspection. The limitations set forth in this Section shall not be read
as preventing a Councilmember from inspecting a site that will be relevant to a public
hearing, although such sight inspection should be disclosed on the record at the
beginning of the public hearing.
9.0 CENSURE OF MEMBERS
9.1 Grounds for Censure
It shall be a violation of this section for any sitting Councilmember to violate any
general law or regulation, and any rule, law, ordinance or resolution of the City of
Rancho Palos Verdes. It shall also be a violation of this section for any sitting
Councilmember (i) to violate an administrative policy of the City which has been
adopted following a vote of the Council on the matter, or (ii) to act to impede the
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carrying out of any lawful administrative action of the City Manager undertaken to carry
out any approved policy or rule of the City.
9.2 Censure Defined
Any violation of Section 9.1 by a Councilmember may be reprimanded through
the administration of a public censure of the member by the Council. Such censure may
be in addition to any other lawful action or punishment applicable to the violation. For
purposes of this section, "censure" shall mean the adoption of a motion setting forth a
formal statement of disapproval of a Councilmember's conduct.
9.3 Censure Considered in Indemnification
When evaluating a request for defense or indemnification made by the censured
member in litigation arising from the censured conduct, the record of the censure shall
be considered by the Council. Such record shall not be determinative. Failure of the
Council to censure the conduct of a member does not constitute a waiver of the body's
right to refuse to indemnify or defend the member in an action.
9.4 Notice and Opportunity to Cure
A Councilmember may not be made the subject of a motion for censure without
first being given notice of the alleged violation and an opportunity to correct the
violation, if it can reasonably be corrected.
9.5 Initiation of Proceedin
Upon a continued violation or failure to correct, the charged Councilmember shall
be given notice and an opportunity to be heard as follows:
(a) Initiated by Member. Only a sitting Councilmember may initiate
proceedings for the censure of one of its members.
(b) Statement of Charges. Proceedings shall be commenced by the
presentation of a written statement of charges to the subject Councilmember with a
copy delivered concurrently to the City Clerk by the member initiating the charge.
Initiation shall not require the prior approval of the Council. The statement of charges
shall be given at least ten (10) days prior to the meeting at which the censure motion is
proposed to be brought. The notice shall contain, at a minimum, the designation of the
specific rule, law, regulation, etc., which the member is claimed to have violated and a
statement of the date, place and time at which such violation occurred. The statement
shall further contain a description of the conduct of the member which is alleged to
constitute the violation. A copy of the statement of charges shall be delivered to all other
Councilmembers.
(c) Response. Within seven (7) days after delivery of the statement of
charges, the charged Councilmember should deliver a written response to the other
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members of the Council unless the charged Councilmember chooses to defer the
response to the hearing.
9.6 Hearing
(a) Generally. The motion for censure shall be agendized and
considered at the first regular meeting occurring at least ten (10) days following the
delivery of the statement of charges to the charged Councilmember and City Clerk. The
hearing may not be continued except upon the absence from the meeting of a member
of the Council other than the initiating Councilmember or the charged Councilmember.
(b) Open Hearing. The hearing shall be conducted in an open session
by the Mayor unless the Mayor is a party to the action, in which case the Mayor Pro
Tem or some other member shall conduct the proceedings.
(c) Procedure. The hearing shall generally proceed by a reading of the
charges by the initiating Councilmember. The charging Councilmember may present
witnesses; the charged Councilmember may answer in rebuttal; members of the public
may speak in favor of or in opposition to the charge; and the remaining
Councilmembers may speak to the charges in that order.
(d) Voting. Passage of the motion for censure shall require a majority
vote of the Council. The voting Councilmembers shall not recess to closed session for
deliberation.
9.7 Failure to Censure
If the motion for censure does not pass, the proceedings shall be concluded. A
new motion for censure on the same grounds of violation may not thereafter be
commenced against the same Councilmember for a period of one (1) calendar year
from date of the vote. However, new proceedings may be commenced on the same
charges within the one (1) year period on the affirmative or unanimous vote of the non -
charging Councilmembers.
9.8 Sanctions
If the motion for censure does pass, such motion shall become a part of the
public record, a copy of which shall be made available upon demand to any member of
the public, subject to the City's Uniform Schedule of Fees, and notice of same shall be
placed in the administrative file of the Councilmember. The Council may impose any
sanctions authorized by law in conjunction with the censure of a Councilmember.
Additional sanctions may be imposed if the initial sanctions are ineffective.
10.0 BOARDS, COMMISSIONS, COMMITTEES, AND SUBCOMMITTEES
10.1 Mavor/Council Committees
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At the first or second meeting in January of each year, subject to ratification by
the Council, the Mayor shall appoint Councilmembers to serve as delegates,
representatives and/or alternates on various committees, which require a Council
representative. Generally, appointments should recognize the interest and availability of
the proposed appointee and fairly distribute the workload amongst the Councilmembers.
10.2 Creation of Advisory Boards and Committees
(a) Creation. The Council may create boards, commissions, or
committees to act as advisory boards to the Council. Creation may be by ordinance or
resolution specifying the duties of the body in the case of permanent bodies, or by
motion in the case of ad hoc bodies.
(b) Appointments. The Council shall make appointments to citizen City
boards, commissions, and committees. All applicants will be interviewed by the Council
at a public meeting and shall be appointed by a majority vote of the Council. All
appointees serve at the pleasure of the Council. The procedure of filling vacancies and
provision of notice thereof shall be subject to the provisions of the Maddy Act (Govt.
Code §§ 54970-54974) which require a 10 -day notice of the availability of the position
for appointment.
(c) Duties. Other than the Planning Commission, whose duties are
specified in the RPVMC and the California Government Code, the primary purpose of
City boards, commissions, and committees is to act in an advisory capacity as deemed
appropriate by the Council. The Council shall provide specific direction to each board,
commission, or committee as to what tasks or projects the Council desires the body to
accomplish and the method by which the body will report to the Council on their
activities. The City Manager shall assign a staff member to assist each body and to
provide necessary support. Should the City Manager believe that a request by the body
is/are either inappropriate of excessive, the City Manager may bring the matter to the
Council's attention.
(d) Advisory Formation. City boards, commissions, and committees are
merely advisory to the Council and have no authority to commit City resources such as
personnel, time, materials, or money without the approval of the Council. They provide
the residents' perspective and assimilate information from staff, consultants, and the
public. Just as they are not authorized to make policy decisions for the Council,
members of boards, commissions, and committees are not expected to take the place
of staff or do work that is more properly handled by staff.
(e) Removal and Dissolution. Absent any other provision to the
contrary, members of boards, commissions, and committees may be removed by the
Council, without cause, by a majority vote of the whole Council. Any Councilmember
may place the question of such removal on an agenda. Any boards, commissions, or
committees so created, may be abolished by a majority vote of the members of the
Council by repeal of the enacting ordinance or resolution.
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10.3 Council Subcommittees
(a) Establishment. Council Subcommittees, either standing or ad hoc,
may be created by the Council from time to time, and shall be composed of two
Councilmembers. They may also include members of a commission or committee if
deemed appropriate by the Council. If standing committees are comprised of members
not on the Council, they may be subject to the agenda and public meeting requirements
of the Brown Act. Ad hoc subcommittees have a limited duration and scope under the
Brown Act. The Council shall have the power to establish advisory boards,
commissions, and committees. Any committee which is (i) established by ordinance,
resolution or other formal action, or (ii) has a fixed regular meeting schedule, or (iii) has
continuing subject matter jurisdiction over a non -temporary issue, or (iv) which
continues to conduct business in excess of 180 days, or (v) has a majority membership
of officials from other legislative bodies, shall be subject to the provisions of the Brown
Act.
(b) Duties. Council Ad Hoc and Standing Subcommittees shall be
established for specified purposes to gather information and report back to the full
Council. Council Subcommittees shall work collaboratively with staff in an expeditious
and deliberate manner, subject to instructions from the full Council on the extent and
duration of the Subcommittee's actions.
(c) Staff Support. Financial considerations must be taken into account
regarding allocation of staff time. The City Manager shall provide staff support, including
a staff liaison to provide feedback and offer expertise as deemed appropriate by the City
Council in achieving the goals specified by the Council.
(d) Reports. Timely Subcommittee reports shall be conveyed to the full
Council as deemed appropriate by the Council and/or the Subcommittee during the
Council Reports section of the Council agenda. Council should respect the
Subcommittee framework and offer input to the process through its two members. The
Council Ad -Hoc and Standing Subcommittees should strive to keep all Councilmembers
and the public apprised of Council Ad -Hoc and Standing Subcommittees actions and
accomplishments.
10.4 Use of Email
All members of commissions and committees are subject to the same rules
regarding use of email as are Councilmembers. Mandatory use of the @rpvca.gov
email accounts will be effective 3 months after the adoption of these rules.
10.5 Defense and Indemnification
The City shall defend and indemnify all members of commissions and
committees to the same extent, and subject to the same limitations, as
Councilmembers.
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11.0 PUBLIC RECORDS AND USE OF EMAIL
11.1 General. The City's policies at one time segregated city and/or personal
emails on the basis of whether they are/were generated through the City email
domain/account (@rpvca.gov) or personal accounts, but recent legal decisions (City of
San Jose v. Superior Court, 389 P.3d 848 (2017)) distinguish only by whether the
content of the email relates to City business. While emails sent to Councilmembers
through their City email accounts are clearly public records, as are replies or
subsequent email exchanges related to those "@rpvca.gov" emails, Councilmembers
should be aware that irrespective of what server the email is on, whether the City email
account or a personal account, if the email is related to City business, it is a public
record subject to disclosure unless an exception applies.
11.2 Must Use City Email Account. All Councilmembers are provided with an
@rpvca.gov email account, and shall only use this account for City business. Personal
accounts should not be used for City business and if they are, in the event of a public
records request, the personal account will be subject to review and disclosure of City -
related emails.
11.3 Use of Private Email Accounts Prior to the Adoption of These
Rules. Councilmembers shall segregate all City business emails that predate the
adoption of these rules into a separate folder so as to preserve the emails. All emails
must be preserved in compliance with the City's Records Retention Policy.
11.4 Public Records Requests. Pursuant to the California Public Records Act
(the "PRA" Govt. Code §§ 6250 et. seq.) individual Councilmembers shall produce to
the City Attorney's office for review any records that are responsive to a public records
request, and where the City did not retain a copy.
(a)
The City Attorney's office will review any such records or communications to confirm
that they relate to the City's business, are not exempt from disclosure under the PRA,
and are responsive to the request.
11.5 Staff to Review City Accounts. In the event the City receives a PRA
request seeking Councilmember communications, staff will research the City's email
server for responsive emails that went through an "@rpvca.gov" email address.
11.6 Emails in Possession of Councilmember. Further, any emails exclusively
in the possession of individual Councilmembers shall be produced by each
Councilmember for review by the City Attorney's office, if the emails are responsive to a
public records request.
11.7 City Attorney Review. Just as with non -email communications, the City
Attorney's office will review the emails to confirm that they relate to the City's business,
are not exempt from disclosure under the PRA, and are responsive to the public records
request. Any emails that fail one of those tests will not be produced.
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11.8 Definition of Public Records. The PRA defines local public records as
follows: ""Public records" includes any writing containing information relating to the
conduct of the public's business prepared, owned, used, or retained by any state or
local agency regardless of physical form or characteristics..." Govt. Code § 6252(e).)
The PRA requires the City to disclose upon request public records that are within the
possession of the City and are not exempt from disclosure. It is the policy of City to
conduct its business in conformance with the Public Records Act.
11.9 Exceptions
In the event the City's email server is down and the Councilmember needs to use
email to conduct City business, the Councilmember may use a personal email account
until the City's email is fully functional. Any such emails must be segregated into a
separate folder within the email account and must be turned over to the Information
Technology Manager within 30 days.
12.0 DEFENSE AND INDEMNIFICATION OF MEMBERS
12.1 General. Councilmembers and members of boards, commissions,
committees and advisory bodies are not vicariously liable for injuries caused by the
body (Tort Claims Act (the "Act"); Govt. Code § 820.9) and are "employees" within the
meaning of the Act. Section 995 of the Act imposes upon the City the duty to "provide
for the defense of any civil action or proceeding brought against him/her, in his/her
official or individual capacity, or both, on account of an act or omission in the scope of
his employment as an employee of the public entity." The City can refuse to defend an
employee or former employee if: (i) the act or omission was not within the scope of his
or her employment; (ii) he or she acted or failed to act because of actual fraud,
corruption, or actual malice; or (iii) the defense of the action or proceeding by the public
entity would create a specific conflict of interest between the public entity and the
employee or former employee, as defined. Gov't Code § 995.2(a).
12.2 Grounds for not Defending; Scope of Duties
The Councilmembers' scope of duties is defined by the applicable provisions of
the Government Code, the Rancho Palos Verdes Municipal Code, and all Council
adopted rules as applicable to the Council. Acts or omissions in violation any of these
regulations fall outside of a Councilmember's scope of duties.
12.3 Cooaeration in Councilmembers' Defense
Section 825 of the Act requires that in order to receive defense by the City, an
employee or former employee must reasonably cooperate in their defense by the City.
This includes, but is not limited to, prompt and complete responses to inquiries/requests
for information and documents by the City Attorney's Office, including discovery
requests. This cooperation would also include pre -litigation acts such as complying with
public records requests.
12.4 City's Duty to Defend — Limitations
01203.0001/404448.22 28
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Any Councilmember or former Councilmember who is acting outside the scope of
his or her duties, or who does not cooperate with his or her defense or the defense of
City, may, at the Council's sole discretion, be provided with written notice and an
opportunity to cure. The Council shall retain absolute discretion to refuse to defend
and/or indemnify any Councilmember acting outside the scope of his or her duties, or a
Councilmember who does not cooperate in his or her defense or the defense of City.
12.5 Reservation of Rights by City
Any defense or indemnification provided by the City shall be subject to the City's
right to require the employee or former employee to enter into a reservation of rights
agreement, as authorized by Section 825 of the Act. An agreement to this effect shall be
a condition of any defense or indemnification. Such agreement reserves the right not to
defend or pay any judgment, compromise, or settlement until it is established that it
arose out of an act or omission occurring within the scope of employment as a public
employee. Through the agreement the City may recover any costs, including attorney
fees, incurred prior to the exercise of the right.
13.0 SUSPENSION AND AMENDMENT OF THESE RULES
13.1 Suspension
Except as required by State law, any provision of these Rules not mandated by
the RPVMC or the California Government Code may be temporarily suspended by a
majority vote of the Councilmembers who are present.
13.2 Amendment
These Rules may be amended by additions or deletions or new rules adopted by
a majority vote of the members of the Council, provided the proposed amendment or
new rules are introduced into the record and properly agendized at a prior Council
meeting.
14.0 MOTIONS AND VOTING
result.
14.1 Table of Motions
Incorporated herein is the Table of Motions attached as Exhibit A.
14.2 Motion to be Stated
The City Clerk shall state all motions submitted for a vote and announce the
14.3 Voting
(a) Consensus. After a full opportunity for debate, if it appears that
there is a consensus of opinion among the Councilmembers on the matter to be voted
01203.0001/404448.22 29
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upon, the Presiding Officer may state the consensus of the Council and ask if there is
any objection. If there is no objection, the consensus, as so stated, shall become the
order of the Council and the votes of the members shall be deemed and reported as in
favor for all those present. The Presiding Officer may also determine that a consensus
exists following a call for a vote by any member of the Council by a Motion to Call the
Question'.
(b) Roll Call. Roll call votes shall be required for adoption of
ordinances, adoption of resolutions, approval of agreements and actions involving the
payment of money. Upon demand by a Councilmember, a roll call vote shall be taken
on any motion before the Council. The order voting shall be at the discretion of the City
Clerk with the Mayor Pro Tern's name called second to last and the Mayor's name last.
The City Clerk shall call the names of all members seated when a roll call vote is
ordered or required. Members shall respond 'yes', `no' or `abstain.' After every vote, the
City Clerk shall declare the result. The ayes and noes shall be taken upon the passage
of all ordinances and resolutions and entered upon the official record of the Council.
Councilmembers shall not be required to give explanations of their vote during roll call.
(c) Silence. During a collective vote (Ayes and Nays), silence of any
Member denotes approval.
14.4 Votes Needed
(a) Majority of Quorum. Usually, in the absence of a contrary statutory
provision (such as urgency measures), a majority of a quorum may act for that body.
However, resolutions, or orders for the payment of money, and all ordinances require a
recorded majority vote of the total membership of the Council.
(b) Supermajority Vote. State law may dictate certain instances in
which the number of votes required is greater than a majority of all Councilmembers.
Some of the questions on which the voting requirement is varied by State statutes and
these rules and include, without limitation, the following:
(1) Levying Taxes—Generally. Ordinances providing for the
Assessment and collection of taxes require the approval of two-thirds of the members of
the total members of the Council.
(2) Assessment—Generally. Assessments require a two-thirds
vote of the total membership of the Council.
Making the motion suggests that you would like to stop debate and vote. A motion to Call the Question
requires a second, and cannot be discussed or debated. Must be recognized by the Presiding Officer.
The vote is taken immediately. Requires 2/3 vote to pass. If the motion to Call the Question passes, a
vote on the motion on the floor is taken. If the motion to Call the Question fails, discussion on the motion
on the floor continues.
01203.0001/404448.22 30
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(3) Bonds and Certificates of Participation. In authorizing these
financial instruments, the issuing requires a two-thirds vote of the total membership of
the Council.
(4) Eminent Domain. The exercise of Eminent Domain requires
a two-thirds vote of the total membership of the Council.
(5) Certain Parliamentary Motions. Motions requiring a
supermajority vote are noted in the Motions Chart attached hereto as Exhibit A.
(c) Conflicts. Any official with a conflict of interest is not counted for
purposes of establishing a quorum, and must not vote on, make, participate in any way
in, or attempt to influence the decision. A Councilmember abstaining on grounds other
than a conflict under the Political Reform Act shall be counted as present for purposes
of a quorum and such abstentions are counted as voting with the majority. The
Councilmember who leaves the dais solely to avoid participating in a specific item shall,
in absence of a conflict, be counted as if they were present but abstaining.
14.5 Abstentions
(a) Generally. Councilmembers are discouraged from abstaining from
a vote for reasons other than a legally -disqualifying, financial conflict of interest.
However, if a member chooses to abstain from voting as a result of what he/she
perceives as a personal or non-financial conflict of interest, the member may do so after
stating for the record the nature of the perceived conflict. In the event of an abstention
due to a perceived conflict (as opposed to a legally -disqualifying conflict), the member is
not required to leave the dais.
(b) Participation Encouraged. A Councilmember shall generally
participate in the matter and vote except those where they are required to abstain due
to legally recognized conflict of interest or common law bias.
(c) Appeals. A City Councilmember who has appealed the action of
any person or body of the City on a matter which does not constitute a conflict of
interest for the member under any law, may participate in the hearing on the appeal,
unless there is clear and convincing evidence that such member is not objective or the
member feels that they are unable to remain neutral, or as may be otherwise advised by
the City Attorney. Notwithstanding any contrary provisions herein in bringing an appeal,
the City Council member need not give reasons for making the appeal.
(d) Public Perception. A Councilmember may abstain from action on a
matter where, in the member's opinion, there would be a public perception that
participation in the discussion or decision would be inappropriate constituting common
law bias even though the member has no disqualifying financial interest within the
meaning of FPPC rules and regulations.
(e) Effect. The abstention is a non -vote unless the voting requirement
is a supermajority, or a vote of those "present", in which case the abstention has the
01203.0001/404448.22 31
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effect of a "no" vote. The Presiding Officer shall call for a roll call vote to determine if the
ruling is upheld.
14.6 Motion to Reconsider
Any Councilmember who voted with the majority may move to reconsider any
action at the same meeting or, within sixty (60) calendar days, make a request in writing
to the City Clerk that it be agendized for consideration at the following meeting, provided
that reconsideration shall not be permitted where a party other than the City has acted
in reliance on the Councilmember's action and would be substantially prejudiced by
such reconsideration. The Clerk shall apprise the City Attorney of any facts constituting
substantial prejudice and may rely upon the determination of the City Attorney. In the
event that the subject of the reconsideration is a motion that failed as the result of a tie
vote, any Councilmember who voted against the earlier motion may move for
reconsideration at the following meeting. The member seeking reconsideration must
have the matter agendized unless the motion will be made at the same meeting where
the original action was taken. If the motion to reconsider passes, then the original item
may be reconsidered at that time or agendized for a future meeting which meets any
applicable noticing requirements. After a motion for reconsideration has once been
acted upon, no other motion for reconsideration thereof shall be made without
unanimous consent of the City Council.
14.7 Votes of Members Previously Absent
(a) Minutes. A Councilmember who was not present at a meeting
should generally not vote on the approval of minutes for that meeting, but the voting on
such minutes shall have no effect on the validity of the minutes.
(b) Initial Absence. A Councilmember may vote on a continued item
after an absence from the earlier meeting in which the matter was agendized, if, prior to
the vote, the member affirms on the record that they have familiarized themselves with
the record of the earlier meeting and are prepared to vote on the issue.
14.8 Precedence of Motions
When a motion is before the Council, no motion shall be entertained except a:
(a) Motion to Amend. A motion to amend is debatable only as it relates
to the amendment. An amendment that modifies the motion is in order; however, a
substitute motion is in order if the intent of the original motion is changed. Amendments
are voted on first; with the main motion vote last. A motion may be amended more than
once with each amendment being voted on separately. There shall only be one
amending motion on the floor at any one time.
(b) Motion to Postpone. A motion to postpone indefinitely is debatable.
If such a motion is adopted, the principal question is lost. A motion to postpone to a
definite time is subject to debate and amendment as it relates to propriety of the
postponement and date set.
01203.0001/404448.22 32
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(c) Motion to Table. A motion to table requires a second and a majority
vote of the Legislative Body, is undebatable, and is not subject to amendment. The
purpose of a motion to table is to postpone or suspend consideration of a pending
motion. If a motion to table is adopted, the item may be taken from the table at any time
prior to the adjournment of the next regular meeting. If the item is not taken from the
table in the time specified, the item is killed.
(d) Substitute Motion. A substitute motion is used to propose an
alternative action to the main motion. Up to one main and two substitute motions may
be on the floor at one time. If a substitute motion passes, it does away with the prior
motions. If it fails, previous motions, including prior any substitute motion, comes back
up for consideration.
15.0 BROWN ACT DEMANDS FOR CORRECTION
15.1 Reauirement of Written Demand
(a) Written Demand for Correction. Pursuant to Section 54960.1 of the
Government Code, prior to any person commencing a judicial action for injunction or
mandamus to declare any action taken by the Council void because of failure to
observe Brown Act requirements, such person must first serve upon the City Clerk a
written demand clearly describing the challenged action, the nature of the claimed
violation, and the corrective action sought. Such demand must be served upon the City
Clerk within ninety (90) days of the alleged violation or thirty (30) days if the action was
taken in open session but alleged to be in violation of § 54952.2 of the Government
Code. Failure to serve any such demand within this thirty (30) day period shall result in
the loss of any right to challenge any action alleged to have been taken in violation of §§
54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 of the Government Code.
(b) Period to Cure. If the written demand is timely served, the Council
has up to thirty (30) days to cure and/or correct its action. If the Council does not act,
any lawsuit must be filed within the next fifteen (15) days. The subsequent action to
cure or correct an action shall not be admissible as evidence of a violation.
(c) Not Void Obligations. Nothing herein shall void the issuance of
bonds or contractual obligations otherwise duly entered into.
(d) Other Remedies. Nothing herein shall prohibit any other remedy
permitted by the Brown Act, including the issuance of an unconditional commitment to
cease and desist violations under Section 54960.2.
(e) Tolling Agreements. Parties may enter tolling agreements of the
time periods provided herein.
15.2 Consideration of Corrective Action
(a) Closed Session. Upon receipt of such a demand, consideration of
the demand shall immediately be placed on the agenda for the next meeting of the
01203.0001/404448.22 33
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Council. If the demand is received less than 72 hours prior to the time set for the next
meeting, the Council may determine that the notice constitutes the initiation of litigation,
and that the need to take action on the threatened litigation arose subsequent to the
posting of the agenda, and may consider it at that meeting in closed session pursuant to
Article V Section 5.1, above. A description of any item so placed on the agenda shall
include both consideration of the demand, and the possibility of corrective action by the
Council.
(b) Reconsideration. In considering demands for reconsideration, the
Council shall first determine by motion whether to reconsider the prior action. The
motion to reconsider shall be in order as long as made by a party on the prevailing side.
If no motion to reconsider is carried, the City Clerk shall inform the demanding party in
writing of the Council's decision not to cure or correct the challenged action.
15.3 Implementing Corrective Action
(a) Motion to Correct. If a motion to reconsider passes, the Presiding
Officer may entertain a motion to take corrective action. Any motion taking corrective
action shall address the concerns raised in the consideration of corrective action. The
motion taking corrective action may include a motion to rescind prior action taken, as
appropriate. Passage of a motion to rescind invalidates prior action only as of the time
of the passage of the motion, and not from the date of the initial action. A motion
implementing corrective action resulting from a written demand is out of order if the
action complained of: (i) was in connection with the sale or issuance of notes, bonds, or
other evidences of indebtedness, or any contract, agreement, incident thereto; (ii) gave
rise to a contractual obligation upon which a party has, in good faith, detrimentally relied
upon; or (iii) was taken in connection with the collection of any tax.
(b) Notice. In any event, the Council shall notify the party making the
demand, in writing, of its decision to take corrective action, and shall describe any
corrective action taken. This notice shall be given to the demanding party as soon as
possible after the meeting, but in no event more than 30 days after receipt of the
demand.
16.0 CODE OF CONDUCT
16.1 Statement of Purpose
This Article 16 shall be known as the Code of Conduct for Officials of the City of
Rancho Palos Verdes. The purpose of this Code of Conduct is to create a single
comprehensive protocol for the Council and Members of City Boards, Commissions and
Committees, and also for management and representatives of the City including
vendors2 (hereinafter referred to collectively as "Officials") to ensure the efficient,
2 These programs as to ethical conduct and civility towards the public shall be applicable to vendors
through their contracts with City.
01203.0001/404448.22 34
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effective and ethical operation of this municipal government. As a statement of purpose,
this policy also recognizes that the proper operation of this municipality requires that all
of its Officials be independent and impartial in their judgment and actions; that public
office not be used for personal gain; that the public have confidence in the integrity of its
Officials; and that public deliberations and actions be conducted in an atmosphere free
from personal animosity and hostility.
16.2 General
(a) As a matter of practice, this policy should be read and reviewed
periodically by all Officials.
(b) Not all conduct, actions and/or behavior fit neatly within this Code.
The protocols listed herein are designed to clearly define conduct in most common
situations. Special circumstances may not be easily resolved by simply referring to this
Code. The Council can provide specific interpretation through review with the City
Attorney, as necessary.
(c) In this City's Council/Manager form of government, the City
Manager is the "administrative head" (Municipal Code Section 2.08.070) of the City
government under the direction and control of the Council. The Council is the chief
policy-making body of the City. Direction to the City Manager on policy matters and
issues shall occur at regular and/or special sessions by a majority of the Council.
16.3 Rules of Civility
(a) General. The proper operation of this local government requires
that its Officials be independent, impartial, accountable and responsible to its residents;
that its public Officials strive to cooperate and work together for the common good of the
City; that decisions and policy be made in the proper channels of the government
structure; that an Official's position not be used for personal gain; and that the public
have confidence in the integrity of its Officials.
(b) Duties of Officials.
(1) At all times during the performance of their City duties,
Officials shall adhere to their oath of office (Cal. Const. Art. XX Section 3) and comply
with all State ethics laws for Officials.
(2) Officials shall faithfully perform all duties of office, and shall
show respect for their offices and not act in ways that reflect badly on those offices and
diminish public respect for the office, or the City.
(3) Officials shall faithfully attend all sessions of the Council,
Commission or Committee of which the person is a member, unless unable to do so for
some compelling reason or disability.
01203.0001/404448.22 35
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(4) Officials shall be prepared, and learn and study the
background and purposes of items that are on the agenda before voting. To the extent
possible, questions pertaining to agenda items should be raised with appropriate staff
and the City Manager prior to the meeting where the item will be discussed.
(5) Officials shall respect intergovernmental relationships
between the City and other neighboring cities, the County of Los Angeles, the State of
California, and the federal government. The City also recognizes the value of municipal
organizations and associations, including the League of California Cities, California
Contract Cities Association, South Bay Cities Association, etc., and Officials should
participate in the meetings and seminars of such bodies when appropriate.
(6) Officials shall advise appropriate staff when a quorum of the
Council or a Council standing sub -committee, or a quorum of a City Commission or
Committee, meets with another governmental agency's officials, citizen groups,
homeowners' associations, county or contract officials, development applicants, etc., to
insure proper notice of such meetings is given in accordance with the provisions of the
Ralph M. Brown Act. Members of the public may attend any such meetings.
(c) Ethical Standards.
(1) Officials shall provide fair and equal treatment for all persons
and matters coming before the Council, Commissions or Committees. No Official shall
grant any special consideration or advantage to any citizen beyond that which is
available to every other citizen.
(2) Officials shall accept as a personal duty the responsibility to
conduct the City's business with professional competence, fairness, impartiality,
efficiency and effectiveness.
(3) Officials shall preserve their integrity and not be affected by
improper influence. They shall refrain from making, participating in making, or using his
or her official position with the City to influence any governmental decision directly
relating to any person or entity with whom he or she is negotiating concerning
prospective employment or any other prospective business relationship that will be a
source of financial gain to the Official.
(4) Officials shall refrain from using City -owned equipment,
materials or property for personal purposes, except when such equipment or property is
available to the public generally, or is provided to City Officials pursuant to City policy,
and is used in the conduct of City business.
(5) Officials shall refrain from disclosing confidential information
that is learned during a closed session held in accordance with the Ralph M. Brown Act
(Cal. Govt. Code Section 54950, et seq.). The Council or any of the City's
Commissions or Committees must refrain from disclosing information that is subject to
the City's attorney client privilege, unless disclosure is specifically authorized by a
majority vote of the Council. The provisions of Section 3.6 shall apply to any breach of
01203.0001/404448.22 36
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confidentiality. This applies to members of the Council, the City Manager and staff, as
well as members of the City's Boards, Commissions and Committees.
(6) Officials shall disclose any corruption, fraud, and bribery to
appropriate authorities.
(d) Rules of Conduct.
(1) Officials shall listen carefully, courteously and attentively to
all public discussions at Council, Board, Commission or Committee meetings and avoid
interrupting other speakers, including other Officials, staff, or the public.
(2) Officials shall foster a positive attitude and constructively
foster open communication in dealing with the public, staff and all Officials. Officials
should keep an open mind in dealing with issues and attempt to work out solutions
and/or compromises that meet the needs and interests of all parties.
(3) Officials shall listen to all testimony, and not reach
conclusions on issues until all interested parties have had an opportunity to express
their position, or otherwise act in a manner that would affect a party's right to a fair
hearing.
(4) Officials shall use their best independent judgment to pursue
the common good, presenting their opinions to all in a reasonable, forthright, consistent
manner; and making decisions which will promote the general and long-term interests of
the City and its citizens.
(5) Officials shall refrain from abusive conduct, personal
charges or verbal attacks upon the character, motives, ethics or morals of other Officials
staff or the public, or from making other personal comments that are not germane to the
issues before the respective body. Name calling, personal invective, and derogatory or
belittling speech is never acceptable conduct for Officials of the City.
(6) Officials shall at all times act with integrity and
trustworthiness, and they shall behave with courtesy and respect toward everyone with
whom they interact.
(7) Officials shall promote, to the greatest extent consistent with
protecting the interests of the City, transparency and good leadership, and provide
effective communications with the public.
(e) Application. Officials should avoid impropriety in the exercise of
their official duties. Actions as Officials should be above reproach. Although opinions
may vary about what behavior is inappropriate, Officials will consider impropriety in
terms of whether a reasonable person who is aware of all of the relevant facts and
circumstances surrounding the Official's action would conclude that the action was
inappropriate.
01203.0001/404448.22 37
/X /
(f) Collegiality. All Officials are representatives of the public, and as
representatives and servants, should treat each other and those they represent
consistent with such high principle. Officials should be able to assert policy positions
and opinions without fear of reprisal from fellow Officials or citizens. Officials should not
question the ethics of other members because they disagree with that member on a
question of policy.
(g) Legal Counsel. If an Official believes that his or her actions, while
legal and ethical, may appear to be inappropriate, the Official should seek the advice of
the City Attorney, and should consider publicly disclosing the facts of the situation and
the steps taken to ensure the action is appropriate.
(h) Public Records. All Officialsshall conduct their email
correspondence so that they may readily comply with requests for public records, and
keeping personal correspondence segregated from city correspondence.
16.4 Disclosure of Information
No Official may, without prior formal authorization of the City Council, disclose
any confidential information concerning any other official or employee, or any other
person, or any property or governmental affairs of the City. Whether or not such
information is allowed to be disclosed, no Official may use or permit the use of any such
confidential information to advance the financial or personal interest of himself or any
other person. For the purposes hereof , "confidential information" shall mean information
that is not generally known in the public, and/or not subject to disclosure under
California Public Records Act or other applicable law. Some examples of confidential
information include attorney-client privileged communication, attorney-client work
product, and personnel, medical or similar information, the disclosure of which would
constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et. seq.)
16.5 Improper Representation
Unless authorized to do so by the Council, Officials shall refrain from making
statements, either orally or in writing that assert or would cause a reasonable person to
believe that they are acting on behalf of the City. Accordingly, if an Official testifies,
either orally or in writing, before an administrative body of a governmental agency
outside of the City, and identifies himself or herself as an Official, that Official also must
state that he or she is not appearing or testifying in any official capacity and is not
representing the views or opinions of the City; rather, he or she is representing his or
her own views as a private citizen. Additionally, other than personal thank you notes,
City letterhead or the City's official logo shall not be used for any purpose without prior
Council approval. Unless the written communication is appropriately authorized on
behalf of City, the Official shall not use their official title in the communication unless
there is a written disclaimer to the effect that "This communication is the personal
opinion of official and does not represent the views of the city of Rancho Palos Verdes
or its Officials." As violations of the foregoing would be contrary to the City's
transparency policies, likewise, Officials should not communicate regarding City
01203.0001/404448.22 38
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business either anonymously or through pseudonyms. This limitation includes, but is
not limited to, posts and comments made on social media.
16.6 Non Interference with Administration
(a) Council -Manager Form of Government. The City operates under
the Council -Manager form of government and as such, the City Manager is responsible
for the administrative operation of the City. Councilmembers have a non -supervisory
relationship with City staff. Councilmembers shall not involve themselves in
administrative functions of the City.
(b) Limit Contact to Specific Staff. Questions of staff and/or requests
for additional background information shall be directed only to the City Manager, City
Attorney, Deputy City Manager, Human Resources Manager, or other Department
Heads. Requests for follow-up or directions to staff should be made only through the
City Manager or City Attorney, when appropriate. When in doubt about what City staff
contact is appropriate, Councilmembers should consult the City Manager for direction.
(c) Do Not Disrupt Staff From Their Jobs. Councilmembers should not
disrupt staff while they are in meetings, on the phone, or engrossed in performing their
job functions, in order to have the City Council Member's individual needs met.
(d) No Attempt to Influence. Councilmembers must not attempt to
influence staff on the making of appointments, awarding of contracts, selecting of
consultants, processing of development applications, or granting of City licenses and
permits.
(e) Correspondence. Before sending any correspondence, City
Councilmembers shall check with staff to see if an official City response has already
been sent or is in progress.
(f) Attendance at Meetings. Councilmembers should not attend
meetings with staff unless requested by City staff. Even if the Councilmember does not
say anything, their presence can imply support, show partiality, intimidate staff, or
hamper City staff's ability to do their job objectively.
(g) Limit Requests for Staff Support. Routine clerical or administrative
support will be provided to all Councilmembers for City business by those employees
assigned to provide such assistance.
(h) Personnel Matters. Public Officials should not direct the City
Manager as to City personnel matters.
16.7 Decorum and Order — Employees
Members of City staff and any employees of the Council, shall observe the same
rules of procedure and decorum applicable to Councilmembers. The City Manager shall
ensure that all staff and employees observe such decorum. Any staff members,
01203.0001/404448.22 39
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including the City Manager, desiring to address the Council or members of the public,
shall first be recognized by the Presiding Officer. All remarks shall be addressed to the
Presiding Officer and not to any one individual Councilmember or member of the public.
16.8 Not Solicit Political Support
Councilmembers shall not solicit any type of political support (financial
contributions, display of posters or lawn signs, name on support list, endorsements,
etc.) from staff. staff may, as private citizens with constitutional rights, support political
candidates, but all such activities must be done entirely away from the workplace.
01203.0001/404448.22 40
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Manual Exhibit "A": Chart of Motions
1. Motions listed in the order of precedence
MOTION
YOU SAY THIS:
May you
Do you need
Is it a
Can it be
What vote is
Can it be reconsidered?
interrupt the
a second?
debatable?
amended?
needed?
speaker?
Adjourn meeting
"I move to adjourn"
No
Yes
No
No
Majority
No
Call an intermission'
"I move to recess for..."
No
Yes
No
Yes
Majority
No
Register a complaint
"I rise to a question of privilege"
Yes
No
No
No
None
No (usually)
Temporarily suspend
"I move to table the motion"
No
Yes
No
No
Majority
No
consideration of an issue'
Close debate
"I move the previous question"
No
Yes
No
No
2/3
No, unless the vote on question has
not been taken
Limit or extend debate
"I move that the debate be limited [or
No
Yes
No
Yes
2/3
Yes
"extended"] to..."
Give closer study of
"I move to refer the motion to the
No
Yes
Yes
Yes
Majority
Yes, unless the board has already
something'
committee"
taken up the subject.
Amend a motion
"I move to amend the motion by..."
No
Yes
Yes
Yes
Majority
Yes
Motion to continue to a
"I move that the motion be continued
No
Yes
Yes
No
Majority
Yes
certain time
to..."
Introduce business (bring a
"I move that [or "to"] ..."
No
Yes
Yes
Yes
Majority
Yes
main motion)
1 Should specify period of recess.
' A motion to take up a matter previously tabled must be made at the same meeting as the motion to table. If not, the motion tabled dies.
3 May contain specific instructions for board members and a date for certain for reconsideration. If not date is not certain, restored by a motion to "take up matter previously tabled" which is
permissible in this case even if not same or next meeting.
01002.0012/238008.1 A-51
2. Incidental Motions — no order or precedence. Arise incidentally and decided immediately.
MOTION
YOU SAY THIS:
May you
Do you
Is it a
Can it be
What vote is
Can it be reconsidered?
interrupt the
need a
debatable?
amended?
needed?
speaker?
second?
Protest breach of rules (i.e.,
"I rise to a point of order ..."
Yes
No
No
No
None
No
Point of Order)4
Motion to appeal the ruling5
"I appeal from the decision of the
Yes
Yes
Yes
No
Majority
Yes
Presiding Officer [or "Chair"]
Suspend rules temporarily
"I move to suspend the rules so that
No
Yes
No
No
2/3
No
Avoid considering an
"I object to the consideration of the
Yes
No
No
No
2/3
No, only if the main question or
improper matter
question... "
motion was no, in fact considered.
Divide motion
"I move to divide the question
No
Yes
No
Yes
Majority
No
Parliamentary law question
Parliamentary inquiry
Yes, if urgent
No
No
No
None
No
Motion to depart from the
"I move to consider matter out
No
Yes
Yes
Yes
Majority
Yes
agenda
of order"
Take up matter previously
"I move to take from the table..."
No
Yes
No
No
Majority
No
tabled6
Cancel or change previous
"I move to rescind/amend something
No
Yes
Yes
Yes
2/3 or majority
No
action7
previously adopted..."
with notice
Reconsider motion
"I move to reconsider the vote
Yes
Yes
Only if
No
Majority
No
on..."
motion to be
reconsidered
is debatable8
' Decision of the Presiding Officer is final, unless overturned by motion to appeal the ruling.
s Presiding Officer may participate in debate. Negative or tie vote sustains ruling.
6 A motion to take up a matter previously tabled must be made at the same meeting as the motion to table. If not, the motion tabled dies.
7 Does not void action ab initio, only from point of rescission. Motion is out of order if relates to contract upon which another party has detrimentally relied, relates to issuance of bonded
indebtedness, or relates to the collection of any tax.
8 Cannot be made on a quasi judicial matter or matters requiring a noticed public hearing. Can only be made by a member who voted with the previously prevailing side. May be made at the same
meeting or a subsequent meeting subject to the same restrictions as a motion to rescind.
01002.0012/238008.1 A-52
RANCHO PALOS VERDES
CITY COUNCIL
RULES OF PROCEDURE
ADOPTED: May 29, 2012
LAST AMENDED: September 2, 2014
As
Table of Contents
Subject Page
1. Authority 1
2. General Rules 1
2.1
Quorum 1
2.2
Vacancy by Unexcused Absence 1
2.3
Minutes of Proceedings 1
2.4
Right of Floor 1
2.5
Rules of Order 1
2.6
City Manager 2
2.7
City Attorney 2
2.8
City Clerk 2
2.9
Deputy City Manager/Department Heads/Employees 2
3.
Types of Meetings 2
3.1
Public Meetings 2
3.2
Regular Meetings 2
3.3
Adjourned Meetings 3
3.4
Special Meetings 3
3.5
Closed Session Meetings 3
3.6
Study Session Meetings 3
3.7
Media Attendance 4
3.8
Recess 4
3.9
Redevelopment Successor Agency and Improvement Authority Business 4
3.10
Civic and Other Events 4
4.
Duties of the Mayor 4
4.1
Election of the Mayor 4
4.2
Mayor Pro Tem 5
4.3
Presiding Officer 5
4.4
Call to Order 5
4.5
Preservation of Order 5
4.6
Point of Order 5
5.
Order and Preparation of Agenda 5
5.1
Order of Business 6
5.2
Agenda Distribution 6
5.3
Agenda Posting 6
5.4
Minutes 7
5.5
Public Comments (see Citizens' Rights in Section 6) 7
5.6
Public Hearings 7
5.7
Consent Calendar 7
5.8
City Council Oral Reports 7
5.9
Actions Limited to Posted Agenda 7
1744416.1 -i-
Subject
Page
6.
Citizens' Rights
7
6.1
Addressing the Council
7
6.2
Conduct of Members of the Public
8
6.3
Enforcement of Decorum
8
6.4
Reading of Protests
9
6.5
Written Communications
9
7.
Ordinances, Resolutions and Contracts
9
7.1
Document Preparation
9
7.2
Document Approval
9
7.3
Ordinance Introduction/Adoption
9
7.4
Majority Vote Required
9
7.5
Ordinance Preservation
10
8.
Procedures Regarding Public Hearings
10
8.1
Introduction
10
8.2
Staff and Written Material Presentation
10
8.3
Public Testimony
10
8.4
Council Deliberations
11
8.5
Council Action
11
9.
Boards, Commissions, Committees and Subcommittees
12
9.1
Mayor/City Council Committee
12
9.2
Citizen Boards, Commissions, and Committees
12
9.3
City Council Subcommittees
13
10.
Suspension and Amendment of These Rules
13
10.1
Suspension
13
10.2
Amendment
13
11.
Miscellaneous Rules
13
11.1
Motion to be Stated
13
11.2
Roll Call Votes
13
11.3
Silence
14
11.4
Continuance of an Item
14
11.5
Personal Privilege
14
11.6
Motion to Reconsider
14
12.
Rules of Debate
14
12.1
Mayor as Presiding Officer
14
12.2
Appeals
15
12.3
Precedence of Motions
15
1744416.1 -ii-
RULES OF PROCEDURE
1. AUTHORITY
As provided by Government Code Section 36813, the City Council hereby establishes these Rules of
Procedure for the conduct of City Council meetings. These Rules shall be in effect upon the adoption by
City Council and until such time as they are amended or new rules are adopted in the manner provided by
these Rules.
2. GENERAL RULES
2.1 Quorum
Three members of the Council shall constitute a quorum necessary to transact business. In the event a
quorum is not in attendance, the City Clerk will adjourn the meeting to a later set time.
2.2 Vacancy by Unexcused Absence
If a City Council member is absent without permission from all regular City Council meetings for 60 days
consecutively from the last regular meeting s/he attended, his/her office becomes vacant and shall be
filled as any other vacancy, as provided by Government Code Section 36513.
2.3 Minutes of Proceedings
An account of all public proceedings of the City Council shall be recorded by the City Clerk or his/her
designee and entered into the official minute books of the Council. The minutes shall be prepared as
expeditiously as possible and should be presented within 60 days of the meeting. Draft Minutes will be
available to the public prior to approval by the Council.
2.4 Right of Floor
Any Councilmember desiring to speak shall first be recognized by the Mayor and shall confine any
remarks to the subject under consideration.
2.5 Rules of Order
h1 all matters and things not otherwise provided for herein, the proceedings of the Council shall be
governed by "Rosenberg's Rules of Order." If a particular issue is not addressed by "Rosenberg's Rules
of Order," "Robert's Rules of Order" will be utilized instead; however, no ordinance, resolution,
proceedings or other action of the City Council will be invalidated, or the legality thereof affected, by the
failure or omission to observe or follow said Rules. In the event of a conflict between the City's
Municipal Code and/or these Rules of Procedure with Rosenberg's or Robert's Rules of Order, the
provisions of the City's Municipal Code, which is paramount, and/or these Rules, as applicable, shall
govern.
1744416.1 -1-
2.6 City Manager
The City Manager reports to and serves at the pleasure of the City Council. The City Manager shall attend
all meetings of the Council unless excused, and in his/her absence, the Deputy City Manager or Acting
City Manager shall substitute. The City Manager may make recommendations and shall have the right to
take part in all discussions of the Council, but shall have no vote.
The duties of the City Manager are set forth in Chapter 2.08 of the Rancho Palos Verdes Municipal Code
The City Manager shall ensure that staff maintains and implements the policies and direction of the
Council in an open and transparent manner.
2.7 City Attorney
The City Attorney reports to and serves at the pleasure of the City Council. The City Attorney shall attend
all meetings of the Council unless excused, and in his/her absence, the City Attorney shall make
arrangements for a qualified substitute attorney. The City Attorney, upon request, shall give opinions,
either written or oral, on questions of law and shall act as the Council's parliamentarian.
2.8 City Clerk
The City Clerk or his/her designee shall attend all meetings of the Council unless excused by the City
Manager, and in her/his absence, the Deputy City Clerk shall substitute. The City Clerk shall record,
prepare and maintain the official record of the Council and perform other related duties as prescribed by
the Council and/or City Manager.
2.9 Deputy City Manager/Department Heads/Employees
The Deputy City Manager, Department Heads and other city employees, as directed by the City Manager,
shall attend Council meetings.
3. TYPES OF MEETINGS
3.1 Public Meetings
All meetings (except closed sessions as provided by State law) of the Council shall be open to the public.
3.2 Regular Meetings — Municipal Code Section (MC §) 2.04.020
The City Council shall meet in the City Council Chambers located at Fred Hesse Community Park, 29301
Hawthorne Boulevard, for all regular meetings. Regular meetings of the City Council shall be held on the
first and third Tuesday of each month at the hour of 6:00 p.m. in the Council Chambers except as follows:
1. When a Rancho Palos Verdes municipal election is conducted in the City on the first or
third Tuesday of any month, the meeting shall be held on the next succeeding day that is not a holiday.
2. When an official City holiday falls on the first or third Tuesday of any month, the
meeting shall be held on the next succeeding day that is not a holiday. Only closed sessions and study
sessions may be held between 6:00 p.m. and 7:00 p.m., unless a regular meeting is adjourned to, or a
special meeting is called for, such time. No study session or closed session will be held during such hours
1744416.1 -2-
unless the agenda is posted at least seventy-two hours prior to the meeting as required by Government
Code Section 54954.2.
The City Council will adjourn its meetings on or before 11:00 p.m. and will not consider new business
items after 10:15 p.m., unless the majority of the Council members who are present affirmatively vote
either to extend the meeting after 11:00 p.m. or to consider new business after 10:15 p.m. If the meeting
ends before all of the items listed on the agenda are completed, any unfinished business will be continued
to the next succeeding day that is not a holiday, at a location to be determined. The City Clerk, or his or
her deputy, will post notice of any continued hearing or other unfinished business, as required by law, and
promptly also post such continuation on the City's website.
3.3 Adjourned Meetings - MC § 2.04.030
Any meeting of the City Council may be adjourned to a later date, place and time, provided no
adjournment is for a longer period than the next regularly scheduled meeting.
3.4 Special Meetings - MC § 2.04.040
Special meetings may be called by the Mayor or by a majority of the Council members. The notice for a
special meeting must specify the subject(s) to be considered. In accordance with Government Code
Section 54956, twenty-four hours notice must be given prior to the meeting; only the matters specified in
the notice may be discussed at special meetings.
3.5 Closed Session Meetings — MC § 2.04.050
Closed (or executive) sessions may be held in accordance with the provisions of the Brown Act. The City
Attorney shall attend all closed sessions either in person or telephonically, unless his or her performance
is being reviewed. Closed sessions shall be presided over by the Mayor, or the Mayor Pro Tem in the
Mayor's absence, with the presentation of information by the City Attorney and/or City Manager and City
Staff with discussion and decisions by the City Council, in accordance with the provisions of the Brown
Act.
3.6 Study Sessions
The City Council shall hold a regularly scheduled and agendized Study Session between 6:00 pm and
7:00 pm at the second regularly scheduled monthly City Council meeting. The Council also may meet for
special Study Sessions called by the Mayor or the majority of the Council members. Study Sessions are
open to the public, are considered "meetings" for the purposes of the Brown Act and will be video
recorded and posted on the City's website. The primary purpose of the Study Session is to provide an
opportunity for the Council members to interact freely and informally, ask questions and discuss policy
items that are listed on the agenda for that specific Study Session. The City Council will also provide
direction to Staff regarding upcoming agenda items and tentative agendas, including prioritization of
agenda items that are listed on the agenda for that specific study session. No action shall be taken during
any Study Session unless the agenda so provides.
If a Council member wishes to have the City Council prioritize an agenda item that he or she has raised
previously as a future agenda item, then the Council member shall submit to the City Manager a one to
1744416.1
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two page memorandum briefly describing the proposed agenda item, including the requested action and
the rationale and facts supporting the agenda item by the deadline when items are to be submitted for
inclusion in the agenda packet for the Study Session. Once that memorandum is submitted to the City
Council, the City Council will prioritize the item for placement on a future agenda, in accordance with the
procedure discussed above.
3.7 Media Attendance
Except for closed sessions, all meetings of the City Council and City Boards, Committees and
Commissions shall be open to the media, and may be recorded by tape, radio, television, or photography,
provided such recordings do not interfere with the orderly conduct of the meetings. All City Council
meetings, except for closed sessions, shall be televised and broadcast live during the meeting whenever
possible and in accordance with the City's contract with the company providing broadcast services; a
replay shall be broadcast on the governmental access channel at least one time during the seven (7) day
period following the meeting. Archived recordings of Council meetings shall be maintained by the City
Clerk's office for a period of not less than 30 years.
3.8 Recess
Once every hour and one-half, or as Council business permits, the Council shall recess for a period of
time specified by the Mayor.
3.9 Redevelopment Successor Agency and Improvement Authority Business
Unless otherwise directed by the City Council, upon adjournment of the City Council meeting held on the
first Tuesday of each month, the City Council will meet as the Successor Agency to the Rancho Palos
Verdes Redevelopment Agency and then as the Rancho Palos Verdes Improvement Authority.
3.10 Civic and Other Events
If a quorum or more of the Members of the City Council will attend an event where City business will be
discussed, Council Members shall notify the City Attorney and either the City Clerk or City Manager so
that the event can be noticed as a City Council meeting, in accordance with the provisions of the Brown
Act, if required under the Brown Act as determined by the City Attorney. This Section is not intended to
expand the application of the Brown Act to social, ceremonial or other occasions that are set forth in
Government Code Section 54952.2. City expenditure for other invited guests (as permitted by State law)
must be approved by the City Council at a regularly scheduled City Council meeting that is held in
advance of the event.
4. DUTIES OF THE MAYOR
4.1 Election of the Mayor
The Mayor is a member of the City Council and is annually elected by majority vote of the City Council
at the first regular meeting in December or, in the case of an election year, upon certification of the
election results. The Mayor serves as Mayor at the pleasure of the City Council. As a member of the City
Council, the Mayor shall have all the powers of a member.
1744416.1 -4-
4.2 Mayor Pro Tem
The Mayor Pro Tem shall be selected by a Council majority vote. The Mayor Pro Tem serves as Mayor
Pro Tem at the pleasure of the City Council.
4.3 Presiding Officer
The Mayor, if physically present, shall preside. In the Mayor's absence, the Mayor Pro Tem shall
preside. In the absence of both, the Council members present shall elect a Presiding Officer.
4.4 Call to Order
The Mayor or Mayor Pro Tem shall call the meeting to order at the hour appointed. In the absence of
both, the meeting shall be called to order by the City Clerk and those Council members present shall
proceed to elect a temporary Presiding Officer.
4.5 Preservation of Order
The Mayor shall preserve strict order and decorum, shall prevent disruptive verbal attacks by or on
Council members, staff and/or citizens, shall confine debate to the item under discussion, and shall
discourage debate between Council members and persons addressing the Council.
4.6 Point of Order
The Mayor shall determine all points of order, subject to the right of any member to appeal. If an appeal
is taken, the question shall be, "Shall the decision of the Mayor be sustained?"
5. ORDER AND PREPARATION OF AGENDA
Pursuant to the direction of the City Council from a prior Study Session held in accordance with Rule 3.6
or at another duly noticed City Council meeting, the City Manager prepares the agenda, including the
order and priority of agenda items. The City Manager will be responsible for providing an estimate of the
time that should be required for the City Council to review, consider and take action regarding each
agenda item. Care must be exercised so that the items that will be addressed on each Council agenda can
be completed within the designated four-hour time limit for City Council meetings pursuant to Section
3.2.
The City Manager shall advise Council members of the status of tentative agendas for upcoming meetings
on a weekly basis, including the need, if any, to move an item to another agenda or to add a new agenda
item due to time constraints, deadlines or other circumstances that were not anticipated at the time of the
last directive from the City Council.
All agenda items shall be accompanied by a staff report, including any recommendations from
Committees and Commissions on a particular item. To enable the City Council to make informed
decisions, the City Manager is responsible for providing staff reports to the City Council with sound,
professional recommendations supported by thorough and impartial analysis that include pertinent facts
and the pros and cons of the recommended course of action. Should occasions arise where that is not
possible, the City Manager will so advise the City Council. Should a Council member choose to prepare
a report for an agenda item that he or she has requested, it shall be submitted to the City Manager by the
same deadline that the other agenda reports are to be submitted for inclusion in the agenda packet.
1744416.1 -5-
When an individual Council member wishes to place an item on a future agenda, he or she first must raise
the issue at a City Council meeting during the agenda section entitled "Future Agenda Items." No vote is
required to place an item on the agenda. However, if the City Council deems an item to be urgent, the
City Council may direct that the item be placed on the next agenda rather than having it prioritized during
an upcoming Study Session pursuant to Rule 3.6.
The City Clerk shall keep a list of "Future Agenda Items" that have been raised by City Council
Members. If a City Council Member does not prepare a report to place the item on an agenda after one
year, then the City Clerk shall remove the item from the list and shall advise the City Council that the
item has been removed from the list of "Future Agenda Items." The removal of an item from the list of
"Future Agenda Items" shall not prevent a Council Member from raising the Future Agenda item again at
another City Council meeting so that the item will be reinstated on the list of "Future Agenda Items" or
prevent it from being prioritized by the City Council for placement on a future agenda.
5.1 Order of Business
1. Call to Order, Roll Call, Pledge of Allegiance
2. Ceremonial
3. Mayor's Announcements
4. Recycling Drawing
5. Approval of Agenda
6. Public Comments
7.
City Manager Reports
8.
Consent Calendar
9.
Public Hearings
10.
Regular Business
11.
Future Agenda Items
12.
City Council Oral Reports
13.
Closed Session Report
14.
Adjournment
5.2 Agenda Distribution
The Agenda shall be delivered to the Mayor and Council members as soon as practicable on the Thursday
preceding the Tuesday meeting when that agenda will be considered. The agenda shall be posted on the
bulletin board at City Hall and on the City's website at the same time that it is distributed to Council
members. The full agenda packet, including staff reports, shall be made available to the public, in
accordance with the provisions of the Brown Act and by posting it on the City's website within 24
hours of delivery of the packets to Council members. Agenda packets shall be delivered to
Council members not later than seventy-two hours prior to the regularly scheduled meeting.
5.3 Agenda Posting
The City Clerk shall post, in a location that is freely accessible to members of the public and on the City's
website, an agenda at least 72 hours before a regular meeting. The agenda shall specify the time and
location of the meeting and contain a brief description of each item of business to be transacted or
discussed.
1744416.1
S
5.4 Minutes
Unless requested by Council, minutes may be approved without reading if the City Clerk previously
furnished a copy to each member.
5.5 Public Comments - (see Citizens' Rights in Section 6)
During Public Comments any person may address the Council, provided that the item is within the subject
matter jurisdiction of the Council and is not otherwise on the agenda.
5.6 Public Hearings
Items requiring a Public Hearing will be published and/or mailed to property owners as required by law.
5.7 Consent Calendar
Items listed under the Consent Calendar are those items staff believes will not require Council discussion
and are considered ministerial, routine, and/or of a periodic or recurring nature. The Consent Calendar
may contain resolutions confirming prior Council action; however, the Consent Calendar is not for new
policies that have not been discussed previously by the City Council. Such items, or any item that is
anticipated to require discussion by the City Council, should be placed under the business item entitled
Regular Business.
Any member of the Council may remove an item for discussion or clarification. Items removed from the
Consent Calendar will be heard after the Regular Business section of the agenda, unless otherwise
directed by the City Council. If an item has been removed from the Consent Calendar, and a member of
the public has requested to speak to that item, the item shall be heard immediately after the Consent
Calendar.
5.8 City Council Oral Reports
City Council Oral Reports are short summaries of matters a Councilmember has attended as an elected
official of the City. The Mayor may, with the consent of the City Council, limit the time for such reports
or defer them to a future meeting, provided that the Councilmember's legal reporting obligations are met.
Council members are required to provide a brief oral report on their attendance at any meetings where
City funds have been expended. Detailed reports should be made in writing. Written reports will be
posted on the City's website. Reports should omit functions that are purely of a social or personal nature.
5.9 Actions Limited to Posted Agenda
The City Council shall not take action on any item not appearing on the posted agenda except under the
conditions permitted by Government Code Section 54954.2 (Brown Act).
6. CITIZENS' RIGHTS
6.1 Addressing the Council
1. Any person may address the Council on the following portions of the agenda:
1744416.1 -7-
(a) Public Comments as provided in Section 5.5.
(b) Public Hearings as provided in Section 8.
(c) All other portions of the agenda prior to the vote, if any, being taken.
2. The following shall apply:
(a) Each person addressing the Council shall step to the podium and is requested to
give -his/her name for the record.
(b) Each speaker is limited to three minutes on Public Comments as provided in
Section 5.5. All remarks shall be directed to the Mayor and Council as a body
and not to any particular member.
(c) No person, other than members of the Council and the person having the floor,
shall be permitted to enter into the discussion.
(d) No question shall be asked of Council members or staff except through the
Mayor.
(e) These guidelines will generally apply to special meetings as well, but the City
Council reserves the right to otherwise limit or preclude Public Comments during
special meetings to items listed on the agenda of the special meeting.
(f) The City Council may limit the public input on any item based on the number of
people requesting to speak, the length of the agenda, or the business of the
Council.
6.2 Conduct of Members of the Public
No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct,
including the utterance of loud, threatening, profane or abusive language, personal, impertinent or
slanderous remarks, whistling, stamping of feet, booing or other acts which disturb, disrupt or otherwise
impede the orderly conduct of any Council meeting. Applause will be permitted, as deemed acceptable
by the Mayor, except during public hearing items.
Any person who conducts himself or herself in the aforementioned manner shall, at the discretion of the
Mayor or by a majority of the Council, pursuant to a point of order requested pursuant to Section 4.6 of
these Rules of Procedure, be barred from further audience before the Council during the meeting.
The Mayor shall request that a person who is breaching these rules of conduct be orderly and silent. If,
after receiving a warning from the Mayor, a person persists in disturbing the meeting, the Mayor shall
order the person to leave the Council meeting. If such person does not immediately remove himself or
herself, the Mayor may order any law enforcement officer who is on duty at the meeting as sergeant -at -
arms of the Council to remove the person from the Council Chambers. Alternatively, the Mayor may
recess the meeting until a law enforcement officer is able to arrive and remove the person.
6.3 Enforcement of Decorum
After issuing a verbal warning, the Mayor shall order removed from the Council Chambers any person or
persons who commit the following acts in respect to a regular or special meeting of the City Council:
1744416.1
Disorderly, contemptuous or insolent behavior toward the Council or any member
thereof, tending to interrupt the due and orderly course of said meeting.
IN
B-11
2. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the
due and orderly course of said meeting.
Disobedience of any lawful order of the Mayor which shall include an order to be seated
or to refrain from disrupting the meeting by addressing the Council from the audience.
4. Any other unlawful interference with the due and orderly course of the meeting.
6.4 Reading of Protests
Interested persons or their representatives may address the Council for the reading of protests, petitions or
communications relating to the matter under consideration if a majority of the Council agrees that the
person should be heard. Such presentation shall be subject to the time limits that have been established
for addressing the City Council.
6.5 Written Communications
Any person(s) may submit written comments to the Council either directly or through the City Clerk or
City Manager's office and request that Council receive copies in the agenda packet provided such written
comments are received in sufficient time to include them in the agenda packet. Written communications
may consist of letters, facsimiles or messages received by electronic mail. Written communications that
are submitted after the agenda has been distributed to the City Council will be distributed to the City
Council as late correspondence.
7. ORDINANCES, RESOLUTIONS AND CONTRACTS
7.1 Document Preparation
The content and form of all ordinances and resolutions shall be approved by the City Attorney. No
ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the
Council or prepared by the City Attorney on his/her own initiative.
7.2 Document Approval
All ordinances, resolutions, and contracts shall, before being placed on the agenda, be approved as to
form and legality by the City Attorney. All documents shall be reviewed by the City Manager.
7.3 Ordinance Introduction/Adoption
A proposed ordinance will be read by title only unless a Council member disagrees that the ordinance can
be read by title only and requests a full reading. Ordinances introduced by first reading shall not be
adopted within five days of the introduction nor at other than a regular or an adjourned regular Council
meeting. If the ordinance carries an urgency clause, introduction and adoption may occur at the same
meeting. After an ordinance has been introduced for first reading, it can be placed on the Consent
Calendar for adoption at a subsequent meeting.
7.4 Majority Vote Required
1744416.1
U
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Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the
total membership of the City Council, pursuant to Government Code Section 36936. An urgency
ordinance must be adopted by at least a four-fifths vote of the City Council, pursuant to Government
Code Section 36937. (NOTE: Motions and any other matters not involving any of the above actions may
be adopted by a majority vote of the Council Members who are present.)
7.5 Ordinance Preservation
Following adoption of an ordinance, the City Clerk will assign it a number and post it according to state
law. All ordinances are filed and preserved in the City Clerk's Office.
8. PROCEDURES REGARDING PUBLIC HEARINGS
8.1 Introduction
The Mayor announces the subject of the public hearing and declares the public hearing open.
8.2 Staff and Written Material Presentation
Staff summary report, which shall include the findings and determinations that the City
Council is required to make, included in the agenda packet is received and filed. Written
comments (e.g. protests, etc.) are noted for the record.
2. Written material not in the agenda packet, if any, is received and filed.
Oral staff report, if any, is presented by a staff member, unless waived by the Council.
4. Staff responds to Councilmember questions.
Prior to hearing public testimony or comments, Council members are encouraged to raise
questions or identify issues of concern that they may have, which may assist members of
the public to focus their comments upon those questions or issues. However, Council
members shall refrain from stating their final position or how they intend to vote on the
issue until all public testimony has been received.
8.3 Public Testimony
The purpose of this section is to provide an opportunity to members of the public who
wish to testify in support of or opposition to the matter being heard.
2. The Mayor's instructions to the audience will vary and will depend upon the issue being
discussed. Generally, the instructions will follow these general guidelines:
1744416.1
(a) Participants must speak from the podium;
(b) The normal time limit for each speaker is three minutes;
(c) Repetition should be avoided; and,
(d) Speakers will be discouraged from reading a submission that has been copied and
is contained in the agenda materials.
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Although the normal time limit is three minutes for each speaker, the Mayor may grant
additional time to a representative speaking for an entire group. However, this should not
discourage anyone from addressing the City Council individually. The Mayor also may
adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
4. The appellant or their representative speaks first and will generally be allowed ten
minutes. If the applicant is different from the appellant, the applicant or their
representative will speak following the appellant and will also be allowed ten minutes to
make a presentation. Other public speakers will follow the presentation by the appellant
and the applicant. Normally, the applicants and appellants will be limited to a three
minute rebuttal (if requested).
At the Mayor's discretion, staff and/or Council will answer questions posed by speakers
after the completion of the speaker's testimony.
Council will generally reserve questioning of individual speakers until after the
completion of the speaker's comments.
8.4 Council Deliberations
1. After the Mayor has determined that there is no more public testimony, the Council will
then deliberate on the matter.
2. The Council may ask additional questions of speakers and/or staff for clarification.
The Council will then debate and/or make motions on the matter.
4. During Council deliberations, the Mayor will allow each Councilmember to speak once
prior to allowing another Councilmember to speak again. Council members should strive
to avoid repetition. Council members may be permitted to ask questions of each other or
debate relevant issues as part of their deliberations.
8.5 Council Action
Council may, at this point, continue the open public hearing.
(a) This should be done if any additional information is requested (e.g. a staff
report), or if additional facts or issues have been raised by Council members that
were not raised by the public speakers or addressed in the staff report and that
have a bearing on the item. Members of the public shall be given additional
opportunity to comment on such new facts, information and issues at the
continued public hearing.
(b) Continuing a public hearing to a specific date does not require additional notice.
2. The Council may:
1744416.1
(a) Close the public hearing and vote on the item;
(b) Offer amendments or substitute motions allowing additional public comment or
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(c) Close the public hearing and continue the matter to a later date for a decision.
(NOTE: No additional reports or testimony may be received, after the public
hearing has been closed.)
9. BOARDS, COMMISSIONS, COMMITTEES AND SUBCOMMITTEES
9.1 Mayor / City Council Committee
At the first or second meeting in January of each year, the Mayor shall appoint Council members to serve
on various committees that require a Council representative.
9.2 Citizen Boards, Commissions, and Committees
Creation
The City Council may create boards, commissions or committees to act in an advisory capacity to
the Council.
Appointments
The City Council shall make appointments to citizen City boards, commissions and committees.
All committee and commission applicants will be interviewed by the City Council at a public
meeting and be appointed by a majority of the City Council to serve the term of office specified
by the City Council. Members of City boards, commissions and committees shall continue to
hold their respective appointed offices until replaced by a different individual who is appointed
by a majority vote of the City Council. At any time, on a case by case basis, the City Council may
reconsider any appointment at a public meeting.
Duties
Other than the Planning Commission, whose duties are specified in the Municipal Code and the
California Government Code, the primary purpose of City Boards, Commissions and Committees
is to act in an advisory capacity to the City Council.
The City Council shall provide specific direction to each commission or committee as to what
tasks or projects the City Council desires the commission or committee to accomplish in the form
of an annual workplan that is approved by the City Council, which may be amended and revised
as desired by the Council during the year. It will also define the method for said commissions or
committees to report back to the City Council on their respective accomplishments. The City
Manager shall assign a staff member to assist each commission or committee and to provide
necessary support. Should the City Manager believe that requests of staff time and City resources
are either inappropriate or excessive, the City Manager may request direction/action from the City
Council for resolution.
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4. Dissolution
Except as provided by the City's Municipal Code, the City Council may dissolve an existing
board, commission, or committee if the City Council finds that the purpose of the advisory board,
committee or commission is no longer necessary or required.
9.3 City Council Subcommittees
City Council Ad -Hoc and Standing Subcommittees may be created by the City Council from time to time
to gather information and report back to the full City Council. The City Manager shall provide staff
support as deemed appropriate by the City Council in achieving the specified goals.
City Council Subcommittees shall be composed of two City Council members.
Timely Subcommittee Reports shall be conveyed to the full City Council during the Council Oral Reports
section of the Council agenda. The City Council Ad -Hoc and Standing Subcommittees will strive to keep
all Council members and the public apprised of Council Ad -Hoc and Standing Subcommittees' actions
and accomplishments.
10. SUSPENSION AND AMENDMENT OF THESE RULES
10.1 Suspension
Except as required by State law, any provision of these Rules not already governed by the City's
Municipal Code or the California Government Code may be temporarily suspended by a two-thirds vote.
10.2 Amendment
These Rules may be amended by additions or deletions or new rules adopted by a majority vote of the
Council, provided the proposed amendment or new rules are placed on an agenda as a Regular Business
item at a duly noticed City Council meeting and the public is afforded the opportunity to comment
thereon.
11. MISCELLANEOUS RULES
11.1 Motion to be Stated
The City Clerk shall state all motions submitted for a vote and announce the result.
11.2 Roll Call Votes
Roll call votes shall be required for adoption of ordinances, adoption of resolutions, approval of
agreements and actions involving the payment of money. Upon demand by a Councilmember, a roll call
vote shall be taken on any motion before the Council. The Mayor Pro Tem's name shall be called second
to last, and the Mayor's name shall be called last with other members' names called at random by the City
Clerk. Members shall not be required to give explanations of their vote during roll call.
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11.3 Silence
During a collective vote (Ayes and Nays), silence of any Council member(s) denotes an affirmative vote.
11.4 Continuance of an Item
Continuance by a Council member
Any Councilmember may make a motion to continue an item (not subject to a deadline) to the
next agreed upon meeting. This continuance may only be approved or denied by a majority vote
of the Council.
2. Continuances Requested by Someone Not a Council member
Anyone may request a continuance of an item and the Council, by a majority vote, may grant
such a continuance. A request for a subsequent continuance may be granted by a majority vote of
the Council only if it finds that:
(a) The need for the continuance was beyond the control of the person requesting it;
(b) The need for the continuance arose after: (1) the date of the notice of public
hearing was published if the item is subject to a public hearing or; (2) the time of
the Council agenda was posted for items not subject to a public hearing; or,
(c) The continuance does not adversely affect the City, any of the affected parties, or
the welfare of the City's residents.
11.5 Personal Privilege
The right of a Councilmember to address the Council on a question of personal privilege shall be limited
to cases in which the integrity, character, or motives of the Councilmember is in question, or where the
welfare of the Council is concerned.
11.6 Motion to Reconsider
A motion to reconsider any action taken by the Council may be made in accordance with the following:
The motion must be made by a member of the prevailing side, although it may be
seconded by any Council member.
2. The motion must be made prior to the adjournment of the meeting at which the original
action was taken.
The motion is debatable and has precedence over a pending motion.
12. RULES OF DEBATE
12.1 Mayor as Presiding Officer
The Mayor may move, second, and debate from the Chair, and shall not be deprived of any rights and
privileges of a Councilmember.
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12.2 Appeal
Any ruling of the Mayor may be appealed at the request of a Councilmember. The Mayor shall call for a
roll call vote to determine if the ruling is upheld by a majority vote.
12.3 Precedence of Motions
When a motion is before the Council, no motion shall be entertained except:
Motion to Amend
A motion to amend is debatable only as it relates to the amendment. An amendment that modifies
the motion is in order; however, a substitute motion is in order if the intent is changed.
Amendments are voted on first; main motion vote is last. A motion may be amended more than
once with each amendment being voted on separately. There shall only be one amending motion
on the floor at any one time.
2. Motion to Postpone
A motion to postpone indefinitely is debatable. If such a motion is adopted, the principal question
is lost. A motion to postpone to a definite time is subject to debate and amendment as it relates to
propriety of the postponement and time set.
Motion to Table
A motion to table is not debatable and is not subject to amendment. The purpose of a motion to
table is to temporarily bypass the item. If a motion to table is adopted, the item may be taken
from the table at any time prior to the adjournment of the next regular meeting. If the item is not
taken from the table in the time specified, the business of the item is killed.
4. Motion to Call the Question
A motion to Call the Question must get a second and is not debatable. A vote on the motion is
taken immediately by roll call. If the motion to Call the Question passes, a vote on the motion on
the floor is taken by roll call. If the motion to Call the Question fails, discussion on the motion on
the floor continues.
5. Motion to Rescind
A motion to Rescind must get a second and is debatable. The motion may be adopted by a
majority vote of the entire City Council (3 votes).
1744416.1
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CITY OF RANCHO PALOS VERDES
PROTOCOL FOR ELECTED OFFICIALS
AND APPOINTED BOARDS, COMMISSION
AND COMMITTEE MEMBERS
ADOPTED: May 29, 2012 C-1
CITY OF RANCHO PALOS VERDES
PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED BOARDS, COMMISSION
AND COMMITTEE MEMBERS
Adopted May 29, 2012
I. STATEMENT OF PURPOSE
The purpose of this document is to create a single comprehensive
protocol for the City Council and Members of City Boards, Commissions
and Committees (hereinafter referred to collectively as "Officials") to
ensure the efficient, effective and ethical operation of this municipal
government. As a statement of purpose, this policy also recognizes that
the proper operation of this municipality requires that all of its Officials be
independent and impartial in their judgment and actions; that public office
not be used for personal gain; that the public have confidence in the
integrity of its Officials; and that public deliberations and actions be
conducted in an atmosphere free from personal animosity and hostility.
II. INTRODUCTION
A. Existing State statutes already address many areas of appropriate
conduct. This policy statement is not intended to supersede the State laws with which
City officials must comply, including the Political Reform Act of 1974, Government Code
Section 1090 and the Ralph M. Brown Act.
B. As a matter of practice, this policy should be read and reviewed
periodically by all members of the City Council and by the Members of City
Commissions and Committees.
C. Not all conduct and behavior fit neatly within this Protocol. The rules and
procedures listed herein are designed to clearly define conduct in common situations.
Special circumstances may not be easily resolved by simply referring to this Protocol.
The City Council can provide specific interpretation through review with the City
Attorney, as necessary.
D. In this City's Council/Manager form of government, the City Manager is
the "administrative head" (Municipal Code Section 2.08.070) of the City government
under the direction and control of the City Council. The City Council is the chief policy-
making body of the City. Direction to the City Manager on policy matters and issues
shall occur at regular and/or special sessions by a majority of the City Council.
E. The City historically has recognized the value of municipal organizations
and associations including the League of California Cities, California Contract Cities
Association, South Bay Cities Association, etc., and that Officials should participate in
their meetings and seminars when appropriate.
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III. PROTOCOL FOR OFFICIALS
The proper operation of this local government requires that its public Officials be
independent, impartial and responsible to its residents; that its public Officials strive to
cooperate and work together for the common good of the City; that decisions and policy
be made in the proper channels of the government structure; that public office not be
used for personal gain; and that the public have confidence in the integrity of its public
Officials. In recognition of these goals, the following protocol is hereby prescribed for the
Officials, who shall:
1. At all times during the performance of their City duties, adhere to
their oath of office (Cal. Const. Art. XX Section 3) and comply with
all State ethics laws for public officials.
2. Provide fair and equal treatment for all persons and matters coming
before the City Council, Commissions or Committees. No Official
shall grant any special consideration or advantage to any citizen
beyond that which is available to every other citizen.
3. Be prepared, learn and study the background and purposes of
items that are on the agenda before voting. To the extent possible,
raise any questions pertaining to agenda items with appropriate
City Staff and the City Manager prior to the meeting where the item
will be discussed.
4. Represent and work to protect the rights of all residents of the City,
without favoritism, conflict of interest or for any personal gain.
5. Faithfully perform all duties of office.
6. Refrain from disclosing confidential information that is learned
during a closed session held in accordance with the Ralph M.
Brown Act (Cal. Govt. Code Section 54950, et seq.) of the City
Council or any of the City's Commission's or Committees and
refrain from disclosing information that is subject to the City's
attorney client privilege, unless disclosure is specifically authorized
by a majority vote of the City Council.
7. Refrain from abusive conduct, personal charges or verbal attacks
upon the character, motives, ethics or morals of other members of
the Council, Commissions, Committee Members, City Staff or the
public, or from making other personal comments that are not
germane to the issues before the City Council, Commission or
Committee.
8. Listen carefully, courteously and attentively to all public discussions
at City Council, Commission or Committee meetings and avoid
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interrupting other speakers, including other City Officials, City Staff,
or the public.
9. Foster a positive attitude and constructively foster open
communication in dealing with the public, City staff and all City
Officials. City Officials should keep an open mind in dealing with
issues and attempt to work out solutions and/or compromises that
meet the needs and interests of all parties.
10. Faithfully attend all sessions of the City Council, Commission or
Committee of which the person is a member unless unable to do so
for some compelling reason or disability.
11. Accept as a personal duty the responsibility to conduct this City's
business with professional competence, fairness, impartiality,
efficiency and effectiveness.
12. Advise appropriate City staff when a quorum of the City Council or
a Council standing sub -committee or a quorum of a City
Commission or Committee meets with another governmental
agency's officials, citizen groups, homeowners' associations,
county or contract officials, development applicants, etc., to insure
proper notice of such meetings is given in accordance with the
provisions of the Ralph M. Brown Act. Members of the public may
attend any such meetings.
13. Respect intergovernmental relationships between this City and
other neighboring cities, the County of Los Angeles, the State of
California, and the federal government.
14. Unless authorized to do so by the City Council, refrain from making
statements, either orally or in writing, that assert or would cause a
reasonable person to believe that you are acting on behalf of the
City. Accordingly, if a Official testifies, either orally or in writing,
before an administrative body of a governmental agency outside of
the City, and identifies himself or herself as a Official, that Official
also must state that he or she is not appearing or testifying in any
official capacity and is not representing the views or opinions of the
City; rather, he or she is representing his or her own views as a
private citizen. Other than personal thank you notes, City letterhead
shall not be used without prior City Council approval.
15. Refrain from using of City -owned equipment, materials or property
for personal purposes is prohibited, except when such equipment
or property is available to the public generally or is provided to City
Officials, pursuant to City policy, in the conduct of City business.
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16. Disclose any corruption, fraud, and bribery to appropriate
authorities.
17. Refrain from making, participating in making, or using his or her
official position with the City to influence any governmental decision
directly relating to any person or entity with whom he or she is
negotiating concerning prospective employment or any other
prospective business relationship that will be a source of financial
gain to the Official .
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RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES REPEALING AND REPLACING THE CITY COUNCIL
RULES OF PROCEDURE.
WHEREAS, pursuant to their authority under Section 36813 of the Government
Code, and in part to implement the Brown Act (Govt. Code §§ 54900 et. seq.), and to
adopt parliamentary rules of procedure, the City Council of the City of Rancho Palos
Verdes has, since 2006, developed three sets of procedures to govern its activities. One
is a set of procedures including dealing with agenda and public meetings (the
"Procedures"); the second is a code of conduct dealing with ethical practices (the
"Protocols"); and the third is a set of some 53 policies developed over time dealing with
a wide array of policies (the "Policies");
WHEREAS, the City Council has also adopted the Advisory Board Handbook
(last amended in 2010), and the Planning Commission has its own rules of procedure
adopted by P.C. Resolution No. 92-037, and most recently amended by P.C. Resolution
No. 2017-035; and,
WHEREAS, the City Council originally adopted the Procedures pursuant to
Resolution No. 75-31, amending them a number of times, most recently pursuant to
Resolution No. 2014-54; and,
WHEREAS, the City Council adopted the Protocols pursuant to Resolution No.
2012-39; and,
WHEREAS, the City Council began adopting Policies in 1992, with the most
recent adopted in 2017; and,
WHEREAS, the City Council is committed to open and participatory government
by its members and by all appointed members and the highest degree of public input
and participation, and desires its rules and procedures to reflect the open government
intent of the Ralph M. Brown Act and the California Public Records Act; and,
WHEREAS, having three separate sets of procedures and policies can be
confusing for the public to work with, and they are sometimes overlapping and
conflicting, and the process for updating and review is not spelled out; and,
WHEREAS, some of the City's advisory bodies and commissions have their own
procedural rules and some do not. The City Council desires to apply to its appointed
members of boards, commissions, and committees procedural and ethical standards to
improve clarity for both the governing bodies and the citizens of the City, and to
maximize transparency and accountability; and,
WHEREAS, a Council subcommittee of Mayor Pro Tem Duhovic and Council
Member Dyda, was appointed to work with the City Attorney and is recommending
01203.0001/438362.3
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merging and revising the current Council Rules of Procedure and Council Protocols;
and,
WHEREAS, the Subcommittee is making its recommendations in a two phases:
(1) a new Rules of Procedure Manual merging the old Procedures and Protocols; and
(2) a review of the Policies making them current, reviewing them for consistency, and
developing a better system for future updating and transparency; and,
WHEREAS, the Rules of Procedure Manual is ready to bring forward while the
Policies Manual will come in a second phase of the project; and,
WHEREAS, the Rules of Procedure Manual incorporates state law, case law,
and provisions of the Rancho Palos Verdes Municipal Code, and has been prepared to
apply to all elected and appointed bodies and staff; thereby creating a single source of
procedural guidelines; and,
WHEREAS, the Rules of Procedure Manual contains comprehensive procedures
for conducting city council, commission, and other meetings of council appointed bodies
and staff; and establishes the roles of the legislative body members; and,
WHEREAS, the Rules of Procedure Manual largely incorporates existing
procedures, but also incorporates provisions consistent with state law but not previously
in the City's procedural guidelines, including but not limited to: councilmember personal
emails if dealing with City business are subject to the Public Records Act; amending
decorum rules to focus on disorderly conduct; creating a censure process for members;
requiring identification in communications as to whether expressing City policy; requiring
cooperation by members in legal defense to receive indemnification by City; providing
for reservation of rights; and permitting issuance of council subpoenas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: That the existing City Council Rules of Procedure are hereby
repealed and replaced with the Rules of Procedure in the attached Exhibit "A," which is
incorporated herein and is made a part hereof by this reference.
Section 2: That the existing Protocols for Officials are merged with the
Procedures and are hereby repealed.
Section 3: That the Rules of Procedure supersede any City Council Policy to the
extent that may be in conflict therewith.
Section 4: That the Subcommittee shall continue its review and updating of the
Policies for clarity and ease of use.
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PASSED, APPROVED and ADOPTED this 16th day of January 2018.
Susan Brooks, Mayor
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2018-_ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on January 16, 2018.
Emily Colborn, City Clerk
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