Loading...
RPVPC_SR_2012_05_08_Rules and Procedures_AGENDA ITEM 1CITYOF MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT ECTOR TO: FROM: DATE: SUBJECT: HONORABLE MAYOR AND CITY COUNCil MEMBERS CHAIRMAN AND MEMBERS OF THE ~ANNING COMMISSION CAROLYN lEHR,CITY MANAGER JOEL ROJAS,COMMUNITY DEVELOPI\Ift::I\J!r MAY 8,2012 DISCUSSION OF THE CITY COUNCIL RULES OF PROCEDURE AND PROPOSED COMMISSION/COMMITTEE PROTOCOL RECOMMENDATION Discuss the City Council Rules of Procedure and Commission/Committee Protocol. BACKGROUND At the March 20,2012 City Council meeting,the City Council discussed proposed revisions to their Rules of Procedure ("Rules")and a proposed City Council and Commission/Committee Protocol ("Protocol").At that time,the City Council approved only revisions to Section 5 of the Rules and agreed to continue discussion of the remaining portions of the Rules and Protocol to a future City Council agenda (see attached minutes).On April 3,2012,the City Council authorized the Council Rules and Protocol Ad Hoc Subcommittee (Mayor Misetich and Councilwoman Brooks)to conduct outreach to the City's advisory boards to introduce and receive feedback on the Rules and proposed Protocol.At the request of Chairman Tetreault,an item was placed on the Planning Commission's April 10,2012 agenda to give Commissioners an opportunity to discuss the Rules and draft Protocol in advance of the Subcommittee's outreach.On April 10th ,the Planning Commission provided its preliminary feedback on the proposed Protocol,continued the discussion of the Rules to the April 24th meeting and invited the entire City Council to meet with the Planning Commission to discuss the draft Protocol and Rules. On April 24th ,the Planning Commission provided its preliminary feedback on the Rules and clarified that the invitation it made at its previous April 1oth meeting for the entire City Council to address the Planning Commission on this topic was not intended as a rejection of a meeting with the Ad Hoc Subcommittee.As such,the Planning Commission agreed to add the Subcommittee's outreach to their May 8th agenda.The Planning Commission also agreed that ifthe City Council wishes to have a ~oint meeting with the Planning Commission on this topic,said joint meeting could occur on May at or at some other date and time agreed upon by the City Council.A memo summarizing the Planning Commission's position was subsequently prepared by the Staff and presented to the City Council on May 1st (attached). 30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391 PLANNING &CODE ENFORCEMENT DIVISION (310)544-5228/BUILDING &SAFETY DIVISION (310)265-7800/DEPT FAX (310)544-5293 E-MAIL:PLANNING@RPVCOM /WWWPALOSVERDESCOM/RPV 1 On May 1,2012,the City Council discussed the outreach to the various City Commissions/Committees on the Rules and Protocol and agreed that the entire City Council would attend the Planning Commission's May 8th meeting to obtain the Commission's feedback on the Rules and Protocol.As such,the regularly scheduled May 8th Planning Commission will now be a joint meeting between the Planning Commission and City Council. DISCUSSION As noted earlier,in preparation for this outreach session,the Planning Commission reviewed and provided its preliminary input on the proposed Protocol and Rules at its two previous meetings.In addition,written comments from the public,individual Commissioners and Council members have been submitted on both the Rules and Protocol.Provided below is a summary of the information reviewed and submitted thus far on the Rules and Protocol. Commission/Committee Protocol On April 10th ,the Planning Commission reviewed the proposed Protocol that was attached to the City Council's April 3,2012 Staff Report (attached).The comments from individual Planning Commissioners on the Protocol are contained in the draft minutes that have been prepared for the April 10,2012 PC meeting.The draft minutes are before the Planning Commission for review and approval as a separate item on this same agenda.For simplicity,the portion of the April 1oth draft PC minutes that deals with this item is attached to this Staff Report.Also attached,are the comments on the Protocol submitted by Chairman Tetreault at the April 10 th meeting. City Council Rules of Procedure On April 24th ,the Planning Commission reviewed the City Council Rules of Procedures that were transmitted to the Commission by the City Attorney on April 10,2012 (attached).As noted in the City Attorney's attached cover email,she transmitted the same red line document to the Planning Commission that was presented to the City Council on March 20,2012 which sets forth all of the changes to the Rules proposed by the Council Subcommittee of Mayor Misetich and Councilwoman Brooks.In addition,the City Attorney transmitted the current version of the Rules as amended by the City Council on March 20,2012 in a non-redline format.Both ofthese versions ofthe Rules are attached.Furthermore,the version of the Rules adopted by the CitYt Council on December 20, 2011 (minutes attached)that existed before the most recent March 20 h changes are also attached for reference. The comments from individual Planning Commissioners on the Rules are captured in the draft minutes that have been prepared for the April 24,2012 PC meeting.The draft minutes are before the Planning Commission for review and approval as a separate item on this same agenda.For simplicity,the portion of the April 24th draft minutes that deals with this item is attached to this Staff Report.Also attached,are comments on the Rules submitted to the Commission on April 24th by Mayor Pro Tem Campbell;comments on the Rules submitted by Councilman Knight on March 19, 2012 and suggested Revisions to the Rules submitted by Councilman Duhovic. Page 2 2 Public Comments Attached are all public comments submitted to the City Council and Planning Commission on the Rules and/or Protocol when the Rules and/or Protocol were discussed by the City Council at its March 20 th ,April 3 and May 1st meetings and by the Planning Commission at its April 1oth and April 24th meetings.In addition,Council members have been asked to provide staff with any otherpublic comments received by individual Council members.Comments received thus far from individual Council members as well as other miscellaneous comments received by the City Manager's office are attached.Staff will provide any additional comments received from Council members to the Planning Commission and City Council at the May 8th joint meeting. Information to other Commissions and Committees In accordance with the Council's direction on May 1st,the same information attached to this Staff Report has been provided to the Traffic Safety Commission,Finance Advisory Committee, Emergency Preparedness Committee and Oversight Committee on WQFP.In addition,members of these committees have been invited to attend the May 8th meeting. Attachments •Memo from the Community Development Director to the City Manager dated April 25,2012 •April 3,2012 CC Staff Report with Draft Commission/Committee Protocol •Excerpts from April 3,2012 CC Meeting Minutes •Comments on the proposed Protocol distributed to the PC by Paul Tetreault on April 10, 2012 •Excerpted Draft Minutes of April 10,2012 PC meeting •City Council Rules of Procedure adopted on December 20,2011 •Excerpts from December 20,2011 CC Meeting Minutes •Transmittal Email from City Attorney to PC dated April 10,2012 •City Council Rules of Procedure adopted on March 20,2012 •Excerpts from December 20,2011 CC Meeting Minutes •Excerpts of Late Correspondence from CC meeting of March 20,2012 •City Council Rules of Procedure with proposed Subcommittee changes (strike-out/underline) •Comments on the Rules submitted to the Commission on April 24th by Mayor Pro Tem Campbell •Excerpted Draft Minutes of April 24,2012 PC meeting •Comments on the Rules submitted by Councilman Knight on March 19,2012 •Suggested Revisions to the Rules submitted by Councilman Duhovic •Excerpts of Late Correspondence from CC meeting of May 1,2012 •Public comments submitted to PC related to April 10 and April 24 meeting discussions •Miscellaneous public comments submitted to individual Council members or the City Manager's office Page 3 3 Attachment Memo from the Community Development Director to the City Manager dated April 25,2012 4 CITYOF MEMORANDUM· RANCHO PALOS VERDES COMMUNITY DEVELOPMENT DEPARTMENT TO: FROM: DATE: SUBJECT: CAROLYN LEHR,CITY MANAGER JOEL ROJAS,COMMUNI~OPMENT DIRECTOR APRIL 25,2012 . DISCUSSION BY THE PLANNING COMMISION OF "rHE PROPOSED CITY COUNCIL RULES OF PROCEDURE AND PROTOCOL AND POSSIBLE DATES FOR A JOINT MEETING WITH THE CITY COUNCIL On April 3,2012,the City Council authorized the Council Rules and Protocol Ad Hoc Subcommittee (Mayor Misetich and Councilwoman Brooks)to conduct outreach to the City's advisory boards to introduce and receive feedback on the proposed City Council and Commission/Committee Protocol and City Council Rules and Procedures.At the request of Chairman Tetreault,an item was placed on the Planning Commission's April 10,2012 agenda to give Commissioners an opportunity to discuss the draft Protocol and Rules of Procedure in advance ofthe Subcommittee's outreach.On April 10t \the Planning Commission provided its preliminary feedback on the proposed Protocol, continued the discussion ofthe Rules and Procedure to the April 24th meeting and invited the entire City Council to meet with the Planning Commission to discuss the draft Protocol and Rules of Procedure. On April 24th,the Planning Commission continued its discussion of this topic by providing its preliminary feedback on the Rules of Procedure.In addition,the Planning Commission clarified that the invitation it made at its previous April 10th meeting for the entire City Council to address the Planning Commission on this topic was not intended as a rejection of a meeting with the Ad Hoc Subcommittee.It was simply meant as an invitation for the entire City Council to join the Ad Hoc Subcommittee on addressing the Planning Commission on this important issue.Noting that the City Council Subcommittee has stated that they would be available to attend the Planning Commission meeting on May 8th ,the Planning Commission agreed to add that discussion to their May 8th agenda leaving it up the Subcommittee on where that item appears on the agenda.The Planning Commission also acknowledged that an item has been placed on the City Council's upcoming May 1st agenda to discuss the Planning Commission's invitation to meet with the entire City Council and possible dates when a Council/Commission study session could occur.The Planning Commission ~greed that if the City Council wishes to have a joint meeting with the Planning Commission,said joint meeting could occur on May 8th or at some other date and time agreed upon by the City Council.Furthermore,the Commission agreed that ifthe Council agrees on May 1st to have a joint meeting with the Planning Commission,it would be up to the Council to decide whether said joint meeting would be in addition to or in lieu of a study session with the Ad Hoc Subcommittee. Planning Commission Chairman Paul Tetreault plans to attend the upcoming May 1st City Council meeting to answer any questions about the Planning Commission's discussion of this matter. 30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391 PLANNING &CODE ENFORCEMENT DIVISION (310)544-5228/BUILDING &SAFETY DIVISION (310)265-7800 /DEPT.FAX (310)544-52-- E-MAIL:PLANNINGiiilRPV.COM /WWW.PALOSVERDES.cOM/RPV 5 Attachment April 3,2012 CC Staff Report with Draft Commission/Committee Protocol 6 CrTYOF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS CAROLYN LEHR,CITY MANAGER rfJ- APRIL 3,2012 OUTREACH TO COMMISSIONS/COMMITTEES REGARD- ING PROPOSED PROTOCOL Project Manager.Kit Fox.A1CP.Senior Administrative Analyst ~ RECOMMENDATION Authorize the Council Rules and Protocol Ad Hoc Subcommittee to conduct outreach to the City's advisory boards to introduce and receive feedback on the proposed City Council and Commission/Committee Protocol. BACKGROUND On March 20,2012,the City Council discussed proposed revisions to the Rules of Procedure and the proposed City Council and Commission/Committee Protocol.At the end of the discussion,the City Council voted to approve onlythe revisions to Section 5 of the Rules of Procedure and to continue the remaining portions of the Rules and the Protocol to a future agenda. Prior to the vote,City Council members expressed the desire to allow ample time and opportunities for public feedback during the process leading up to bringing these items back to the Council for further deliberation.Among the ideas proposed was having the Subcommittee (Mayor Misetich and Councilwoman Brooks)conduct public outreach to the City's advisory boards.The Subcommittee concurs,but because the concept was not formally incorporated into the final motion,the Subcommittee asked that this matter be agendized to secure clear direction from the City Council. DISCUSSION Staff anticipates that the Subcommittee's outreach to the City's advisory boards would take the form of placing the proposed Protocol (see attachment)on the agenda of a regular 7 MEMORANDUM:Outreach for City Council and Commission/Committee Protocol April 3,2012 Page 2 meeting for each board.One or both members of the Subcommittee would attend each board's meeting to introduce the proposed Protocol and solicit feedback on it from board members and the public.Since this outreach would be incorporated into the agendas for all of the City's advisory boards,the Subcommittee wanted to be sure that this is the Council's direction.The table below lists the dates of upcoming regular meetings of the City's advisory boards over the next two (2)months or so. Advisory Board Upcoming Meeting Date(s) Tuesday,April 24,2012 Planning Commission Tuesday,May 8,2012 Tuesday,May 22,2012 Traffic Safety Commission Monday,April 23,2012 Tuesday,May 29,2012 (tentative) Finance Advisory Committee Wednesday,April 25,2012 Wednesday,May 23,2012 Emergency Preparedness Committee Thursday,April 19,2012 Thursday,May 17,2012 Oversight Committee for the Water Quality Tuesday,April 10,2012andFloodProtectionProaram Oversight Board for the Successor Agency to the Rancho Palos Verdes Redevelop-To be determined mentAaency The Rules of Procedure and City Council and Commission/Committee Protocol are tentatively agendized for the City Council's continued consideration and discussion on June 5,2012.Therefore,it is expected that the Subcommittee's outreach activities would be completed in time for the advisory board members'and general public's feedback to be compiled for presentation to the City Council at that meeting. In the meantime,the Subcommittee urges that Council members provide their own suggested revisions and comments on the draft Rules as well as Protocol,in writing to the Subcommittee for consideration and incorporation accordingly.Thus far,Councilman Knight has provided his written commentary,which has been helpful. ADDITIONAL INFORMATION The Subcommittee wanted to clarify that there are two sections of the Protocol that were not revised in accordance with the Subcommittee's direction.The first is that Section 17 incorrectly referred to meetings of City agencies;it should be revised as follows: 17.Do not identify oneself as a member of a City Commission or Committee when testifying before administrative bodies of other governmental agencies outside the City,unless specifically so authorized by the City Council. 8 MEMORANDUM:Outreach for City Council and Commission/Committee Protocol April 3,2012 Page 3 The second is that Paragraph 8 should be revised and Paragraph C added as follows: B.The City Council seeks to achieve compliance with this Protocol by Members ofCity Commissions and Committees,who serve at the pleasure of the City Council. C.Councilmembers who do not abide by this Protocol are subject to warning, reprimand,admonishment,or censure,by majority vote of the Council. CONCLUSION In conclusion,the Subcommittee recommends that the City Council authorize the Council Rules and Protocol Ad Hoc Subcommittee to conduct outreach to the City's advisory boards to introduce and receive feedback on the proposed City Council and Commission/Committee Protocol,which would be presented to the entire City Council in the first Council meeting in June. ALTERNATIVES The following alternative action is available for the City Council's consideration: 1.Do not authorize the Subcommittee to conduct outreach to the City's advisory boards. Attachments: •Proposed City Council and Commission/Committee Protocol 9 CITY OF RANCHO PALOS VERDES PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED COMMISSION AND COMMITTEE MEMBERS I.STATEMENT OF PURPOSE reviewed pe ally by all Commission and members - any areas of appropriate the State laws with which 1974,Government Code CITY COMMISSIONS AND CITY eatly under this Protocol.The rules and y define conduct in common situations. d by simply referring to this Protocol. retation through review with the City III. As a matter of practice,this policy sh members of the City Council,the Members 0 of the other City Commissions and mmittees. A.Existing State statu conduct.This policy statement is n City officials must comply,including t Section 1090 and the rown The purpose of this document is to create a single comprehensive protocol for the City Council and Members of City Commissions and Committees to insure the efficient,effective and ethical operation of this municipal gover ent.As a statement of purpose,this policy also recognizes that the proper op of this municipality requires that all of its public officials be independent and i I in their judgment and actions;that public office not be used for personal gain'public have confidence in the integrity of its municipal officials;and that p ions and actions be conducted in an atmosphere free from personal an' II.INTRODUCTION A.eration of this local government requires that its public officials be i artial and responsible to its residents;that its public officials strive to coope k together for the common good of the City;that decisions and policy be m he proper channels of the government structure;that public office not be used ~ersonal 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 City Council and for members of City Commissions and Committees: 1.Respect and adhere to the American ideals of government,the rule of law,and the high ethical conduct in the performance of public duties. -1- 10 of the City and not for charges or verbal attacks rals of other members of Members,City Staff or the ther personal comments that are not ore the Council (or City Commission or and attentively to all pUblic discussions (Commis n or Committee)meetings and avoid other speakers,including other Council,Commission or bers,City Staff,or the public. a p sitive attitude and constructively foster open ication in dealing with the public,City staff and all City both elected and appointed.City officials should keep an ind in dealing with issues and attempt to work out solutions or compromises which meet the needs and interests of all rties. 7. Represent and work for the comm any private interests or personal 5.Faithfully perform all duties 4. 2.Provide fair and equal treatment for all persons and matters coming before the City Council (or 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 Staff and the City Manager prior to the me ing where the item will be discussed. 6. 10.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. -2- 11 11.Faithfully attend all sessions of the Council (Commissions or Committees)unless unable to do so for some compelling reason or disability. 12.Recognize the value of municipal organizations and associations including the League of California Cities,California Contract Cities Association,South Bay Cities Association,etc.,and participate in their meetings and seminars when appropriate. o promote this City's fairness,impartiality, statements,commitments or promises in any manner,and do not make rs representing the City without ote of the City Council. tify oneself as a member of a·City Commission or en testifying before administrative bodies of other ent encies outside the City,unless specifically so d by he City Council. and declare all financial interests pursuant to the ns of the Political Reform Act ("the Acf')and Government e Section 1090.In those situations in which a conflict of erest exists for a City official,that official shall disqualify himself/herself from participation in the whole decision-making process,including discussing the issue with Staff,voting,making appointments,entering into contractual agreements,or negotiating on behalf of the City with any individual regarding the decision. 19.All City officials shall disclose any corruption,waste,abuse,fraud, and bribery to appropriate authorities. 13.Accept as a personal duty the responsi business with professional compe efficiency and effectiveness. 14.Involve appropriate City staff a Council sub-committee another City Commissi governmental agency' associations,county or etc.,to insure proper sta informed and a ast of City- 15.ssary,work to improve this City and other Angeles,the State of -3- 12 20.City officials may not be involved in any City matter that involves a business or organization with which that official is negotiating or seeking employment. B.The City Council seeks to achieve compliance with this Protocol by Members of City Commissions and Committees,who serve at the pleasure of the City Council. c.Councilmembers who do not abide by this Protoc are subject to warning, reprimand,admonishment,or censure,by majority vote of th neil. -4- 13 Attachment Excerpts from April 3,2012 CC Meeting Minutes 14 Without objection,Ma or Misetich so by Councilwoman Brooks,to approve the agenda,asMayorMisetichmoved,s amended. 3 (Dog Beach Pilot Program at Rancho Palos 4 (Adop n of Resolution Approving Certain Speed Surveys and Establishing Spee imits i Accordance with Those Surveys on Palos Verdes Drive East)be moved up t Agenda,with all other items to follow in sequential order. APPROVAL OF PUBLIC COMMENTS: Minas Verelia,Rancho Palos Verdes,stated that he had concerns with Section 5 (Order and Preparation of Agenda)of the City Council's Rules of Procedure.He opined that the Mayor and/or Mayor Pro Tern should determine the items to be placed on the agenda and suggested revisions to the City Council's Rules of Procedure.He suggested that each Council Member submit to the City Manager a list of items to be placed on the agenda until the items are all considered. NEW BUSINESS: Br:ks,Campbell,Duhovic,Knight,a ne one t Item I (Outreach to Commissions/Committees oved from the Consent Calendar. by Mayor Misetich,to approve the Consent Calendar,with Item No.I utreach to C missions/Committees Regarding Proposed Protocol)removed fro he Consent Cale ar. The motion passed n the following roll call vo AYES: NOES: ABSENT: City Manager Len eported on and provided a review of the upcoming revised Home Page for the City's bsite. City Council Minutes April 3,2012 Page 2 of 16 15 The motion passe on the following roll call vote: 1:21 P.M.to 11 :24 P.M. s provided a brief staff report regarding this item. Brooks,Campbell,Knight,and Ma None Duhovic ecused) ich declared the public hearing closed. RECESS AND RECON Cooperative Agreement with c ssor Agency to Redevelopment Agency AYES: NOES: ABSENT: Mayor Miseti .moved,seconded by Mayor Pro Tern C pbell,to adopt the Planning Commission's commendation to not adopt an Ordina e that allows ancillary residential units commercially zoned properties. reside 1ial use located in a commercial area;however,he noted at this Code Amend ent,if approved,would only affect the Golden Cove C ter commercial properti . Mayor Misetich moved,secon d by ouncilman Knight,to:ADOPT RESOLUTION NO.2012-28,A RESOLUTIO OF T CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,APPROV G THE ECUTION OF A COOPERATIVE AGREEMENT FOR ADVA E AND RE BURSEMENT OF ADMINISTRATIVE, OVERHEAD,AND OTHE EXPENSES AND BETWEEN THE CITY AND THE SUCCESSOR AGENCY ITEM REMOV Brook ,Campbell,Duhovic,Knight, Non No AYES: NOES: ABSENT: The motion passed on he following roll call vo : Outreach to Commissions/Committees Regarding Proposed Protocol City Clerk Morreale reported that Councilman Duhovic requested that this item be removed from the Consent Calendar. City Council Minutes April 3,2012 Page 14 of 16 16 Councilman Duhovic stated that he would like to have the City Council Rules of Procedure as well as the City Council and Commission/Committee Protocol taken to the City's Advisory Boards for feedback from the Commission/Committee Members in order to encourage citizen involvement. Discussion ensued between Council Members and staff. Councilman Duhovic moved,seconded by Councilwoman Brooks,to authorize the Council Rules and Protocol Ad Hoc Subcommittee to conduct outreach to the City's Advisory Boards to introduce and receive feedback on the proposed City Council and Commission/Committee Protocol and the City Council Rules of Procedure. Mayor Pro Tem Campbell moved an amendment to allow a majority or quorum of the Council to attend the Commission/Committee meetings at which the Ad Hoc Subcommittee would be presenting,for discussion and feedback,the proposed City Council and Commission/Committee Protocol and the City Council Rules of Procedure. The amendment died for a lack of a second. Councilwoman Brooks moved,seconded by Mayor Misetich,to call for the question. The motion to call for the question passed on the following roll call vote: AYES: NOES: ABSENT: Brooks,Duhovic,Knight,and Mayor Misetich Campbell None The roll call vote on the main motion passed of the following roll call vote: AYES: NOES: ABSENT: Brooks,Duhovic,Knight,and Mayor Misetich Campbell None FUTURE AGEND The following items we identified as futu agenda items:1)Mayor Misetich requested staff to contact e Sheriff's partment regarding the cost of reinstating the Sheriff Department's Bike rol Pro m on Western Avenue.City Manager Lehr stated that this item could be dr sed in conjunction with the upcoming budget and/or the upcoming Sheriffs contract.Councilwoman Brooks requested staff to bring forth an item pertaining to restricti s re ding skateboarding on City streets.City Manager Lehr stated that this item is urrently B . g researched and worked on by the City Attorney and Public Wor staff.3)Cou .man Duhovic requested that an item regarding the Lessons arned regarding til nnenberg Project and Pt.Vicente Interpretive Center i rovements be placed 0 future agenda.City Manager Lehr City Council Minutes April 3,2012 Page 15 of 16 17 Attachment Comments on the proposed Protocol distributed to the PC by Paul Tetreault on April 10,2012 18 CITY OF RANCHO PALOS VERDES PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED COMMISSION AND COMMITEE MEMBERS Comments and recommendations submitted by Paul Tetreault III.A.1.Respect and adhere to the American ideals of government,the rule of law,and the high ethical conduct in the performance of public duties. Comments:Too vague.A series of slogans and not rules.Sets a standard that cannot be defined. Recommendation:Replace with:"1.Members of City Commissions and Committees shall at all times during the performance of their duties adhere to their oath of office (Cal.Const.,art.XX,§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 (or Commissions or Committees).No official shall grant any special consideration or advantage to any citizen beyond that which is available to every other citizen. Comments:It is common practice to recognize officials and well-known members of the public by their first name or rank of office when they come to speak at public hearing.However,this practice gives a "clubby"appearance and may give the impression of unequal access or influence.Everyone who appears before the Council,commissions or committees should be addressed in a uniform fashion,such as "Mr.Collins"or "Ms.Bennett." 4.Represent and work for the common good of the City and not for any private interests or personal gain. Comments:The term "common good"is not well defined and can be interpreted as possibly discriminating against minority interests or interests outside the City. Recommendation:Replace with:"4.Represent and work to protect the rights of all residents of the City,without favoritism,conflict of interest or for personal gain." 6.Except with proper authorization by a majority vote of the City Council,refrain from disclosing any information received confidentially concerning the business of Protocol for City Elected and Appointed Officials Page 1 19 the City or received during any closed session of the Council (or Commission)held pursuant to state law. Comments:The word "confidentially"is vague and overbroad.As worded this clause appears to suppress the right and duty of officials to disclose to the public illegal or improper conduct that may be discovered outside of a legally privileged environment.Example:While visiting City Hall,a city employee says to a member of the Planning Commission "Just between you and me,I get great box seats to Dodger Stadium every time Builder Bob comes in to apply for a building permit."Section A.6.,as worded,prohibits the Commissioner from disclosing this information to anyone.The Commissioner cannot even tell the City Manager unless first cleared to do so by the City Council.In this way,the rule conflicts with section A.19. Further,this section violates the spirit if not the letter of the California Whistleblower Protection Statute (CA Labor Code §1106),which protects employees from retaliation by employers for disclosing illegal activity. To the extent that this section is to protect against the disclosure of information that is legally confidential in conformity with the Brown Act,it needs to be better described.Closed session meetings are specifically defined and are limited in scope.They primarily involve personnel issues,pending litigation,labor negotiations and real property acquisitions.(CA Govt.Code §§ 54956.8,54956.9,54957,54957.6.) If a member of a City commission or committee is present during a closed session of the Council that person should be routinely advised that all information disseminated in that session is confidential and cannot be repeated without Council approval.Outside of a closed session of the Council,there should be no "confidential information"that a commission or committee member learns of that should remain a secret from the public. Recommendation:Replace with:"6.Any information learned during a closed session of the City Council held pursuant to the Ralph M.Brown Act (Gov.Code, §549501 et seq.)shall remain confidential unless disclosure is authorized by a majority vote of the City Council." 9.Foster a positive attitude and constructively foster open communication in dealing with the public,City staff and all City officials --both elected and appointed. City officials should keep an open mind in dealing with issues and attempt to work out solutions and/or compromises that wJ:l.iGR meet the needs and interests of all parties. 16.Do not make unauthorized statements,commitments or promises which might bind the City in any manner,and do not make statements or write letters representing the City without authorization by a majority vote of the City Council. Protocol for City Elected and Appointed Officials Page 2 20 Comments:This directive is too vague and requires legal training and knowledge to know when a statement or writing "might bind the City."As such it chills free speech rights.Municipal Code §2.14.010 states that only the city council,city manager,deputy city manager and director of public works may contractually bind the City.It is difficult to imagine a situation where a member of a City commission or committee could legally bind the City under any circumstance.Not even a member of the Councilor the Mayor may do so. Recommendation:Replace with:"16.Unless you are acting in your official capacity or authorized to do so by the City Council,do not make statements or writings that assert or cause a reasonable listener or reader to believe that you are acting on behalf of the City." 17.Do not identify oneself as a member of a City Commission or Committee when testifying before administrative bodies of other governmental agencies outside the City,unless specifically so authorized by the City Council. Comment:This restriction probably violates free speech rights.If a member of a commission or committee is speaking as a private citizen before a governmental agency,it is probably political speech,the most highly guarded form of speech requiring strict scrutiny constitutional analysis.To pass strict scrutiny,the law or policy must satisfy three tests:It must be justified by a compelling governmental interest,the law or policy must be narrowly tailored to achieve that goal or interest,and the law or policy must be the least restrictive means for achieving that interest. The City's interest in making this restriction is to avoid confusion or embarrassment with another government agency if a City's commission or committee member comments or testifies at a government hearing.That interest is not likely to be found to be compelling.But if it is,the restriction is not narrowly tailored or the least restrictive means to achieve this goal.Alternatively,the City can largely or completely achieve its purpose by requiring any member who chooses to identify himself or herself as a commission or committee member to state that he or she is not appearing in any official capacity;rather,he or she is a private citizen. Recommendation:Replace with:"17.If a member of a City Commission or Committee who testifies before an administrative body of a governmental agency outside of the City identifies himself or herself as a member of a City Commission or Committee,that member must also state that he or she is not appearing or testifying in any official capacity or as representing the views or opinions of the City,unless that member is providing such testimony as an official representative of the City as authorized by the City Council." 20.City officials may not be involved in any City matter that involves a business or organization with which that official is negotiating or seeking employment. Protocol for City Elected and Appointed Officials Page 3 21 Comment:The words "involved,""involves"and "negotiating"and the phrase "City matter"are vague and ambiguous.Government Code §87407 already covers this area.It states: "No public official shall make,participate in making,or use his or her official position to influence,any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning,prospective employment." The addition of the word "organization"after "person"in the above statute approximates the proposed wording of this section. Recommendation:Replace with:"20.No public official shall make, participate in making,or use his or her official position to influence,any governmental decision directly relating to any person or organization with whom he or she is negotiating,or has any arrangement concerning,prospective employment." B.The City Council seeks to achieve compliance with this Protocol by Members of City Commissions and Committees,who serve at the pleasure of the City Council. Comment:Incomplete sentence.Purpose is unclear.Municipal Code § 2.20.020 states that members of the Planning Commission "serve at the pleasure of the city council."Therefore this section is redundant. Recommendation:The Ad-hoc Sub-committee should review and revise this section to clarify its intended meaning or delete it as redundant to the Municipal Code. Protocol for City Elected and Appointed Officials Page 4 22 Attachment Excerpted Draft Minutes of April 10,2012 PC meeting 23 tells staff to do.He stated any clarifying language the Planning Commission agrees upon can be added to the existing language. Mr.Gaston (CEO)stated the Art Center has engaged a lighting engineer who is currently in the process of producing a lighting plan. Council Ad Hoc Council Rules of Procedure and Commission pprove th es as presented,seconded 6-0-1)with Vice Chairman Emenhiser eting. 3.Minutes of Februar Chairman Tetreault moved to close the public he Commissioner Nelson moved to approve staff's re Vice Chairman Emenhiser.Approved,(7-0). APPROVAL OF MINUTES Because the City Attorney had not yet arrive unanimously revised the agenda to hear a Associate Planner Mikhail added that the California Building Code contains requirements for more energy efficient lighting which is more restrictive than the current Development Code.The Art Center will be required to meet the standards set in the Building Code.She also clarified that there is no proposed p 'n lot lighting on this application,as the Art Center has already had a p the City for their parking lot lighting. 2. Director Rojas item is before the Planning Commission as a result of a City Council actio 3rd where the Council agreed to obtain feedback on the Rules of Procedure Protocols from the different Commissions and Committees.He was contacted by Chairman Tetreault and asked to agendize this item for the Planning Commission discussion. Chairman Tetreault explained that at the last City Council meeting an ad-hoc subcommittee was formed to review proposed changes to rules of procedure as well as the proposed protocol for the City's commissions and committees.The City Council was looking for outreach and feedback from the commissions and committees and voted to do so and to have a member of the sub-committee visit each of the City's Planning Commission Minutes April 10,2012 Page 3 24 he staff report that was hat was given to the ncerned whenever the ents that the public doesn't to discuss scheduling issues e taken on ue at this meeting until they He noted only one member of the public is in 're package of late correspondence from the port,that there would be more people in mmissioner Lewis,stating he was reluctant to ithout first allowing the public to have the opportunity presented to the Planning Commission late this Commissioner Lewis disagreed.He state available to the public does not contain th Commission by the City Attorney's Commission is asked to deliberat have.He suggested using thi and issue spotting but that no have heard fro of the the audience·at if City Attor in the the au commissions and committees to obtain feedback as to the proposals.Being that there is quite a bit of material involved and that there are a number of people who have taken a great interest in the contents of the rules and procedures and the protocols,he felt it would do the City and the ad-hoc committee a service for the Planning Commission to take some time to discuss the issues before a member of the ad-hoc committee attends a Planning Commission meeting.He noted that there has been some confusion as to what the Commission is reviewing and discussing at this meeting.He pointed out that on the City's website the agenda says the Commission will only be discussing the protocol and that the notice that went out to the public was a discussion on protocol only.However the Commission has received information fro e City Attorney's office regarding the rules and procedures.He asked staff if th 0 should be discussing it all,or should they limit their discussions t n which was noticed to the public. Chai discuss't to review t afternoon gested having a joint meeting with the City Council when both of these items are di ssed so that the entire City Council can hear the Planning Commission's comments.That way the City Council is not listening to various opinions as they come back to them through the ad-hoc committee and they can fully take into account what is said by the Commission and any members of the public who choose to speak. Director Rojas noted that the subject of the staff repo both items are on the agenda.After discussing this is that the Commission can discuss both.He also noted t Attorney's office on rules and procedures is con late co available for the public to review. Commissioner Lewis agreed,noting it has been several years since there has been a joint workshop with the City Council. Planning Commission Minutes April 10,2012 Page 4 25 City Attorney Lynch apologized for the lateness of the documents from her office.She explained that the documents provided are the red-lined copy of the rules that were provided to City Council on March 20 th .The red-lined document has not changed and is the same as that provided to the Council on March 20th .The second document provided as late correspondence was a copy of the current rules with a change made to rule No.5,which was adopted by the City Council on March 20 th . Chairman Tetreault opened the public hearing. ith the Chairman's suggested language. many of the ru les and ity of Rolling Hills Estates. Sharon Yarber discussed her issues with the staff report and that the added paragraph five of the current rules has b p of the proposed revisions were going to be discussed the March 20 th video of the City Council meeting it is table.She stated there seemed to be a sense of urg adopted because there were concerns about the age council person or two.She also stated that these pro public since the staff report was distributed for the Marc She agreed that the Planning Commission shou ke an as she felt this item was to be a discussion.orted meeting so that nothing gets filtered when rep City Council. y revealing each protocol item one at a time. ritten proposed revisions to the protocol that ssion,and that there were copies available ing wit ,he felt the wording was rather vague and n which the Commission could be measured.He in A-1 with the following language:Members of City II at all times during the performance of their duties, comply with all state ethics laws for public officials. As background information,City A protocol ideas were largely taken She welcomed any input and Commissioner Lewis ted that when he read the rules and protocol as proposed he was under the impression that City Council would also be bound by these rules. Therefore,he suggested adding language to the Chairman's draft to make it inclusive of the City Council. City Attorney Lynch confirmed that the protocol was intended to cover the City Council as well as the Commissions and Committees. Planning Commission Minutes April 10,2012 Page 5 26 Commissioner Leon felt that there is a significant amount of overlap between the protocols and the rules.He did not think it was generally a good idea to state the requirement in two different places using different words,as it would most likely cause conflicts.He therefore felt that protocols and rules should be different documents that address different topics. ents,noting that the language does say when eant to be a limitation to prevent someone Chai Chairman Tetreault read item No.2.He commented that from time to time a resident, contractor,or architect who is familiar to the Commission may speak.He noted that there may be a certain level of familiarity with these people,as they are seen quite often at the meetings.He cautioned this familiarity may give the wr .ression,and suggested that in the spirit of item NO.2 he felt it would c e to address these people by their last name. City Attorne at all pos . from a Commissioner Lewis noted that when he h which may require some research by staff meeting with the questions.However,he public's benefit to have staff answ u n Commissioners watching.He felt Quid be the protocol.He felt it was im ,to strike proposed language between n the next Chairman Tetreault read item NO.3. Commissioner Nelson stated he would like to see the He felt it was important to encourage residents or cone Commission,Committee,or the City Council if they fe Commissl . 4 was a bit vague,explaining there are conflict of interest laws .He felt reasonable minds could differ on what is considered the d of the City.He felt the language was subjective and should be rewritte example,he proposed the language could be rewritten to say that Commissio and Council members should avoid conflict of interest as defined by the Government Code. Commissioner Gerstner agreed the language is vague and the language should be tied to something that is founded in law and has been tested by many cities to achieve what is desired. Commissioner Leon agreed that the protocols should not be vague.But by the same token,the protocols are one step above the rules and should be more general. Planning Commission Minutes April 10,2012 Page 6 27 Chairman Tetreault noted his suggestion to replace the language in Section 4 with the following:Represent and work to protect the rights of all residents of the City without favoritism,conflict of interest,or for personal gain. Commissioner Nelson agreed.He questioned what happens to the minority with the term "common good", as common good is what the majority says it is. Chairman Tetreault read No.5,with no comments from the Commission. os.7 through 13 with no comments from the where formation which rding for No.6; tating that fidential He ned situafs where the City Attorney's ged mos to the Planning os are subject to the attorney It the Cha edits were interesting and also ents that the language in NO.6 should cover dded that she could not think of any situation Id come from any place but the City Chairman Tetreault read NO.6. Chairman Tetreault asked the City Attorney if. Commission or Committee members woul should not be disclosed to the public. Commissioner Lewis stated that he liked the Chairma however he most likely would propose language to t should Committee and Commission members from ti information outside of a closed session,that informati felt there is a gap in the rules and protocol that doesn' outside of the context of a closed session yet is still con I e questioned the wording of No.14 and if it says that he has to have a member of stwith him when he attends his HOA meeting,a Chamber of Commerce meeting,or a CHOA meeting. City Attorney Lynch answered that office has provided confidential a Commission or other committ client privilege.She stated th ag reed with Co Lewis other confid ions. where con rmatl Attorne Chairman Tetreault noted that No.14 says when a quorum attends the meeting. Therefore he did not need a member of staff to attend. City Attorney Lynch understood the Vice Chairman's concerns,and suggested adding language to define it a bit more narrowly by saying when the discussion is involving City business or business of the particular Committee or Commission. Planning Commission Minutes April 10,2012 Page 7 28 Chairman Tetreault read protocol No.15. Commissioner Lewis stated that he found that language to be unnecessary and vague and he would inform the sub-committee of his opinion. He posed the scenario that he may choose to protest the war in Afghanistan.That is not being particularly supportive of the federal government,and questioned if a Commission or Committee member surrenders that First Amendment right when they volunteered to be on the Commission or Committee.He questioned what problem is trying to be fixed with this language,and was not sure this language accomplishes solving that problem. ental '15,and suggested nships. os.16 and 17.He gave the scenario that the vement on Western Avenue that the much opposed to.He questioned if he the Da reeze,or could he go to the Los Angeles indicate that he has some background and expertise ho Palos Verdes Planning Commission.He asked if in such a way that by doing so he could then be in City Attorney Lynch agreed that was mos language that says work to improv rg Chairman Tetreault read No. City Attorney Lynch answered there may be First Am Commissioner Leon noted that No.15 actually states relationships.He did not think that meant you couldn't sa to do it in a constructive way with good relations e felt work together,and if it doesn't resonate that haps th changed so that it focuses on the relations . Chairman Tetreault asked the City Attorney,given Com there are any First Amendment implications to No.15 Vice Chairman City of Los residents could Plan as h Nos.1 violation 0 Commissioner ood where the sub-committee was going with No.16,and very much liked C Tetreault's suggested revisions.He proposed revising the Chairman's languag strike "unless you are acting in your official capacity."He felt the phrase was too vague. Commissioner Nelson agreed with Commissioner Lewis'comment. City Attorney Lynch felt the Chairman's suggested revisions for No.16,as well as Commissioner Lewis'revision captures the intent of the protocol. Chairman Tetreault read No.17. Planning Commission Minutes April 10,2012 Page 8 29 Commissioner Gerstner stated he is constantly in front of groups of people in other cities in the capacity of his job and they are aware of his position as a Planning Commissioner.They know he is not acting in his official capacity as Planning Commissioner,but will ask how things are in the City.If he is asked by government bodies who he is and what he does,he will tell them that he is a Planning Commissioner.He felt that the wording of No.17 is inappropriate. Commissioner Nelson agreed,and felt Nos.16 and 17 were basically gag orders placed on Commission and Committee members that are neither appropriate nor professional. Chairman Tetreault read his revision to No.17. n's comments. e Planning Planning ished with No.17,however ability of Commission y and exp opinion and perhaps identify erience in what they're speaking of by talking Commission member.He felt that,here ndment free speech rights.He asked the cerns. e an implication of First Amendment rights.She ed language,and felt the added qualification that the er state they are speaking as an individual and not pful addition.She added that the City Council was Committee member using their position to somehow Ir remarks and how their remarks should be considered. Commissioner Tomblin agreed with Commissioners Ger He also stated that while working on a Board he had t Commission of another city and was addressed as Commission.This felt this could be interpreted as a Commissioner Lewis liked the Chairman's revisi generated out of a concern in the past of a n Council members,speaking out of turn.H include City Council members if they wan the City Council. City referre Committe representing sensitive to a heighten or stren Commissioner Gerstner added that Committee and Commission members are very proud of what they do,and sometimes they will identify themselves as a Committee or Commission member,not because they are trying to add influence,but simply because they are proud of who they are and try to explain who they are.He therefore felt this protocol would be very difficult to enforce in a reasonable common sense kind of way. Chairman Tetreault read No.18. Planning Commission Minutes April 10,2012 Page 9 30 Commissioner Gerstner questioned if there is an issue before the Commission that he must disqualify himself from,is he then allowed to speak as a private citizen on the matter. City Attorney Lynch answered that he could speak as a private citizen,as it is within the provisions of the Political Reform Act.She added that if a topic affects a Commissioner's personal interest,the Commissioner still has the ability to speak and represent their personal interests.She added that what is not allowed is a Commissioner representing someone else's interest before the Planning Commission. issioner could not ner was recused nd should be combined, yment has a financial interest. ocol.He noted that part B is redundant with that members of the Planning Council. dded that if the City Council wants to retain this ge mirror "C"so that it reads as follows: mbers who do not abide by this protocol are subject to ent,censure,or removal by a majority vote of the er Lewis agreed. uggested the la r Committe admo Commissioner Gerstner felt that the way No.18 was wo address the Planning Commission on an item even if from the item and speaking as a resident. Chairman Tetreault read No.19 without comment from Commissioner Leon felt Nos. noting that anyone who is neg Chairman Te Municipal Commi Chairman Tetreault read No.20.He noted t addresses this topic,but with what he thou using the Government Code language. City Attorney Lynch agreed. City Attorney Lynch felt language could be added for c Com languag Commissl warning,rep Council. Commissioner Lewisepeated and emphasized Commissioner Nelson's earlier suggestion that a joint workshop with the full City Council would be the most productive way to proceed,rather than solely with the sub-committee. Chairman Tetreault noted that since the Commission did not receive the rules and procedures until late in the afternoon,that it would be prudent to continue discussion on that portion of the item to allow the Commission and the public to review the document. Planning Commission Minutes April 10,2012 Page 10 31 The Commission agreed without objection to continue the discussion on the rules and procedures to the next Planning Commission meeting. Commissioner Nelson moved to invite the City Council to a joint workshop to discuss the issues in the protocol and the rules and procedures,seconded by Vice Chairman Emenhiser.Approved without objection. ITEMS TO BE PLACED ON FUTURE AGENDAS 4.Pre-agenda for the meeting on April 24,2012 The pre-agenda was reviewed and approved without ADJOURNMENT The meeting was adjourned at 9:25 p.m. Planning Commission Minutes April 10,2012 Page 11 32 Attachment City Council Rules of Procedure adopted on December 20,2011 33 RANCHO PALOS VERDES CITY COUNCIL RULES OF PROCEDURE LAST AMENDED:December 20,2011 34 Table of Contents SUbject Page 1.Authority 3 2.General Rules 3 2.1 Quorum 3 2.2 Vacancy by Unexcused Absence 3 2.3 Minutes of Proceedings 3 2.4 Right of Floor 3 2.5 Rules of Order 3 2.6 City Manager 3 2.7 City Attorney 4 2.8 City Clerk 4 2.9 Deputy City Manager/Department Heads/Employees 4 3.Types of Meetings 4 3.1 Public Meetings 4 3.2 Regular Meetings 4 3.3 Adjourned Meetings 5 3.4 Special Meetings 5 3.5 Closed Session Meetings 5 3.6 Work Session Meetings 5 3.7 Media Attendance 5 3.8 Recess 6 3.9 Redevelopment Agency and Improvement Authority Business 6 4.Duties of the Mayor 6 4.1 Election of the Mayor 6 4.2 Mayor Pro Tem 6 4.3 Presiding Officer 6 4.4 Call to Order 6 4.5 Preservation of Order 6 4.6 Point of Order 7 5.Order and Preparation of Agenda 7 5.1 Order of Business 7 5.2 Agenda Preparation 7 5.3 Agenda Posting 7 5.4 Minutes 7 5.5 Public Comments (see Citizens'Rights in Section 6)8 5.6 Public Hearings 8 5.7 Consent Calendar 8 5.8 City Council Oral Reports 8 5.9 Actions Limited to Posted Agenda 8 City Council Rules of Procedure December 20,2011 Page 135 Subject Page 6.Citizens'Rights 8 6.1 Addressing the Council 8 6.2 Personal and Slanderous Remarks 9 6.3 Enforcement of Decorum 10 6.4 Reading of Protests 10 6.5 Written Communications 10 7.Ordinances,Resolutions and Contracts 10 7.1 Document Preparation 10 7.2 Document Approval 11 7.3 Ordinance Introduction/Adoption 11 7.4 Majority Vote Required 11 7.5 Ordinance Preservation 11 8.Procedures Regarding Public Hearings 11 8.1 Introduction 11 8.2 Staff and Written Material Presentation 11 8.3 Public Testimony 12 8.4 Council Deliberations 13 8.5 Council Action 13 9.Boards,Commissions and Committees 13 9.1 Mayor/City Council Committee 13 9.2 Citizen Boards,Commissions,and Committees 14 10.Suspension and Amendment of These Rules 14 10.1 Suspension 14 10.2 Amendment 14 11.Miscellaneous Rules 14 11.1 Motion to be Stated 14 11.2 Roll Call Votes 14 11.3 Silence 15 11.4 Continuance of an Item 15 11.5 Personal Privilege 15 11.6 Motion to Reconsider 15 12.Rules of Debate 16 12.1 Mayor as Presiding Officer 16 12.2 Appeals 16 12.3 Precedence of Motions 16 City Council Rules of Procedure December 20,2011 Page 236 1.AUTHORITY RULES OF PROCEDURE As provided by Government Code Section 36813,the City Council hereby establishes these Rules of Procedure for the conduct of 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 Councilmember 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. These minutes shall be available to the public following 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 In all matters and things not otherwise provided for herein,the proceedings of the Council shall be governed by "Robert's Rules of Order."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. 2.6 City Manager 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 Council Rules of Procedure December 20,2011 Page 337 City Manager may make recommendations and shall have the right to take part in all discussions of the Council,but shall have no vote. 2.7 City Attorney 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 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 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 seven 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,which 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,which is not a holiday. Only closed sessions and work 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. City Council Rules of Procedure December 20,2011 Page 438 No work 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 work session held between such hours unless the agenda so provides. 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 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 succeeding day,which 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. 3.3 Adjourned Meetings 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 Special meetings may be called by the Mayor or by a majority of the Councilmembers. 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 Closed 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. 3.6 Work Session Meetings The Council may meet in work sessions called by the Mayor or the majority of the Councilmembers.Work sessions are open to the public and are meetings for the purposes of the Brown Act. 3.7 Media Attendance Except for closed sessions,all meetings of the City Council and City Boardsl 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. City Council Rules of Procedure December 20,2011 Page 539 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 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 Redevelopment Agency and then as the Improvement Authority of the City. 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.As a member of the City Council,the Mayor shall have all the powers of a member. 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote. 4.3 Presiding Officer The Mayor,if present,shall preside.In the Mayor's absence,the Mayor Pro Tem shall preside.In the absence of both,the Councilmembers 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 Councilmembers 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 on Councilmembers,staff and/or citizens,shall confine debate to the item under discussion,and shall discourage debate between Councilmembers and persons addressing the Council. City Council Rules of Procedure December 20,2011 Page 640 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 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.City Council Oral Reports 12.Closed Session Report 13.Adjournment 5.2 Agenda Preparation The Agenda shall be prepared in accordance with the preparation procedure,as directed by the City Manager.In consultation with the Mayor and/or Mayor Pro Tem, each agenda item shall include an estimate of the time that should be required for the City Council to review,consider and take action regarding that agenda item. The Agenda shall be delivered to the Mayor and Councilmembers as soon as practicable after 5:00 p.m.on the Wednesday preceding the Tuesday meeting. 5.3 Agenda Posting The City Clerk shall post,in a location that is freely accessible to members of the public, 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. 5.4 Minutes Unless requested by Council,minutes may be approved without reading if the City Clerk previously furnished a copy to each member. City Council Rules of Procedure December 20,2011 Page 741 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 and routine.Also,the Consent Calendar frequently contains resolutions confirming prior Council action.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.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 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: (a)Public Comments as provided in Section 5.5. (b)Public Hearings as provided in Section 8. City Council Rules of Procedure December 20,2011 Page 842 (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 give their 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 Councilmembers 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 Personal and Slanderous Remarks 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. City Council Rules of Procedure December 20,2011 Page 943 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: 1.Disorderly,contemptuous or insolent behavior toward the Council or any member thereof,tending to interrupt the due and orderly course of said meeting. 2.A breach of the peace,boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. 3.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 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 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 Councilor prepared by the City Attorney on his/her own initiative. City Council Rules of Procedure December 20,2011 Page 1044 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 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. 7.4 Majority Vote Required 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 1.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. City Council Rules of Procedure December 20,2011 Page 1145 3.Oral staff report,if any,is presented by a staff member,unless waived by the Council. 4.Staff responds to Councilmember questions. 5.Prior to hearing public testimony or comments,Councilmembers 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, Councilmembers 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 1.The purpose of this section is to provide an opportunity to members of the public who wish to testify in support 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: (a)participants must speak from the podium; (b)that the normal time limit for each speaker is three minutes; (c)that repetition should be avoided;and, (d)that speakers will be discouraged from reading a submission that has been copied and is contained in the agenda materials. 3.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; 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). 5.At the Mayor's discretion,staff and/or Council will answer questions by speakers after the completion of the speaker's testimony. 6.Council will generally reserve questioning of individual speakers City Council Rules of Procedure December 20,2011 Page 1246 until after the completion of the speaker's testimony. 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. 3.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.Councilmembers should strive to avoid repetition.Councilmembers may be permitted to ask questions of each other or debate relevant issues as part of their deliberations. 8.5 Council Action 1.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). (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: (a)Close the public hearing and vote on the item; (b)Offer amendments or substitute motions allowing additional public comment;or (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. 9.1 BOARDS,COMMISSIONS AND COMMITTEES Mayor/City Council Committee At the first or second meeting in January of each year,the Mayor shall appoint Councilmembers to serve on various committees,which require a Council representative. City Council Rules of Procedure December 20,2011 Page 1347 9.2 Citizen Boards,Commissions,and Committees 1.Creation The City Council may create boards,commissions,or committees to act as advisory boards to the Council. 2.Appointments The City Council shall make appointments to citizen boards,commissions and committees.All committee and commission applicants will be interviewed by the City Council at a public meeting. 3.Dissolution Except as provided by the City's Municipal Code,the City Council may dissolve an existing board,commission,or committee if the Council finds that the purpose of the advisory board is no longer necessary or required. 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 majority vote of the Council members who are present. 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 introduced into the record at a prior Council meeting. 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,made before the "Nays"are called for,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 City Council Rules of Procedure December 20,2011 Page 1448 random by the City Clerk.Members shall not be required to give explanations of their vote during roll call. 11.3 Silence During a collective vote (Ayes and Nays),silence of any members denotes an affirmative vote. 11.4 Continuance of an Item 1.Continuance by a Councilmember 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 denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a Councilmember 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 req uestingit; (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: 1.The motion must be made by a member of the prevailing side, although it may be seconded by any Councilmember. City Council Rules of Procedure December 20,2011 Page 1549 2.The motion must be made prior to the adjournment of the meeting at which the original action was taken. 3.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. 12.2 Appeals 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. 12.3 Precedence of Motions When a motion is before the Council,no motion shall be entertained except: 1.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 anyone 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. 3.Motion to Table A motion to table is undebatable and 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. *** W:\City Council\Rules of Procedure\20111220 City Council Rules of Procedure.DOC Revised:12/20/2011 City Council Rules of Procedure December 20,2011 Page 1650 Attachment Excerpts from December 20,2011 CC Meeting Minutes 51 CITY COUNCIL E CITY OF RANCH~S VERDES,CALIFORNIA, AUTHORIZING SUBM APP ~N(S)FOR ALL CALIFORNIA DEPARTMENT OF RESOURCE LING AND RECOVERY GRANTS FOR WHICH THE CITY OF RANC PALOS V IS ELIGIBLE. City Council Rules of Procedure 1)Approved amendments to the City Council Rules of Procedure as directed by the Council at the December 6,2011 Council Meeting;and,2)Approved additional clarifications to the City Council Rules of Procedure (Rules)suggested by Staff and/or the City Attorney to conform the Rules to the existing practices. Adopt solution No.2011-_,Approving Certain Speed Surve and Establish 9 Speed Limits in Accordance with those Survey n Various Streets within the oved from the Consent Calendar for se rate consideration. House of Represen tive Bill 2677,Los Angeles R idential Helicopter Noise Relief Act of 2011 ### Update to 2011 FAA Pro sal for Class Airspace Designation Surrounding Long Beach Airport This item was remo a from the Consent Cale ar for separate consideration. Authorized the Mayor to s pport for House of Representative Bill 2677,the Los Angeles Resl ntial Helicopter,oise Relief Act of 2011 (H.R.2677), which directs the Federal Avi ion Adminis tion to establish regulations to reduce helicopter noise pollution in re ential ar s of Los Angeles County,with the proviso that a mandatory exemption is a ded t e proposed legislation for emergency,law enforcement and military activitie This item was removed from Register of Demands Co cilwoman Brooks stated that she would like the Decemb 6,2011 Minutes to City Council Minutes December 20,2011 Page 4 of 15 52 Attachment Transmittal Email from City Attorney to PC dated April 10,2012 53 From:Carol W.Lynch Sent:Tuesday,April 10,2012 3:45 PM To:pc@rpv.com Cc:'Anthony Misetich';'brian.campbell@rpv.com';susan.brooks@rpv.com; 'Jerry.Duhovic@RPV.com';'jim.knight@rpv.com';Carolyn Lehr;'Joel Rojas'; 'Greg Pfost';'Carla Morreale' SUbject:City Council Rules of Procedure Dear Chairman Tetreault and Members of the Planning Commission: As mentioned in Joel's staff report that was issued last Friday,I am transmitting the City Council Rules of Procedure ("Rules")to you along with this email. To be clear,I am sending two versions of the Rules.One version is the redline document that was in the City Council's agenda packet for the meeting of March 20th.That version sets forth all of the changes to the Rules that were proposed by the Council Subcommittee (Mayor Misetich and Councilwoman Brooks). At that meeting,the City Council adopted only the changes that were proposed to Section 5 of the Rules (entitled Order and Preparation of Agenda).The remaining revisions were not adopted.Accordingly,the second document is the current version of the Rules,as amended by the City Council on March 20th,meaning that Section 5 has been updated to include the City Council's recent amendment.This document is not a redline. I apologize for the late distribution of these documents,but I was out of the US on vacation last week and just completed the update to the Rules last night. Carol W.Lynch Richards,Watson &Gershon 355 South Grand Avenue 40th Floor Los Angeles,CA 90071 (213)626-8484 54 Attachment City Council Rules of Procedure adopted on March 20,2012 55 RANCHO PALOS VERDES CITY COUNCIL RULES OF PROCEDURE LAST AMENDED:March 20,2012 -1- R6876-000 I\1442820v I.doc 56 Subject 1. 2. Table of Contents Authority General Rules Page 4 4 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Quorum Vacancy by Unexcused Absence Minutes of Proceedings Right of Floor Rules of Order City Manager City Attorney City Clerk Deputy City Manager/Department Heads/Employees 4 4 4 4 4 4 5 5 5 3.Types of Meetings 5 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Public Meetings Regular Meetings Adjourned Meetings Special Meetings Closed Session Meetings Work Session Meetings Media Attendance Recess Redevelopment Agency and hnprovement Authority Business 5 5 6 6 6 6 6 7 7 4.Duties of the Mayor 7 4.1 4.2 4.3 4.4 4.5 4.6 Election of the Mayor Mayor Pro Tern Presiding Officer Call to Order Preservation of Order Point of Order 7 7 7 7 7 7 5.Order and Preparation of Agenda 8 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 Order of Business Agenda Distribution Agenda Posting Minutes Public Comments (see Citizens'Rights in Section 6) Public Hearings Consent Calendar City Council Oral Reports Actions Limited to Posted Agenda -2- 8 8 9 9 9 9 9 9 10 R6876-000 I\I442820v I.doc 57 SubjectPage 6.Citizens'Rights 10 6.1 Addressing the Council 10 6.2 Personal and Slanderous Remarks 10 6.3 Enforcement of Decorum 11 6.4 Reading of Protests 11 6.5 Written Communications 12 7.Ordinances,Resolutions and Contracts 12 7.1 Document Preparation 12 7.2 Document Approval 12 7.3 Ordinance Introduction!Adoption 12 7.4 Majority Vote Required 12 7.5 Ordinance Preservation 12 8.Procedures Regarding Public Hearings 13 8.1 Introduction 13 8.2 Staff and Written Material Presentation 13 8.3 Public Testimony 13 8.4 Council Deliberations 14 8.5 Council Action 14 9.Boards,Commissions and Committees 15 9.1 Mayor/City Council Committee 15 9.2 Citizen Boards,Commissions,and Committees 15 10.Suspension and Amendment of These Rules 15 10.1 Suspension 15 10.2 Amendment 15 11.Miscellaneous Rules 16 11.1 Motion to be Stated 16 11.2 Roll Call Votes 16 11.3 Silence 16 11.4 Continuance of an Item 16 11.5 Personal Privilege 17 11.6 Motion to Reconsider 17 12.Rules of Debate 17 12.1 Mayor as Presiding Officer 17 12.2 Appeals 17 12.3 Precedence of Motions 17 -3- R6876-000 I\I442820v I.doc 58 1. RULES OF PROCEDURE AUTHORITY As provided by Government Code Section 36813,the City Council hereby establishes these Rules of Procedure for the conduct of 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. 2.1 GENERAL RULES 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 Councilmember is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting slhe 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.These minutes shall be available to the public following 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 In all matters and things not otherwise provided for herein,the proceedings of the Council shall be governed by "Robert's Rules of Order."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. 2.6 City Manager 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 -4- R6876-0001\1442820vl.doc 59 may make recommendations and shall have the right to take part in all discussions of the Council, but shall have no vote. 2.7 City Attorney 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 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. 3.1 TYPES OF MEETINGS 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 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 ofthe City 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: 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, which 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,which is not a holiday. Only closed sessions and work 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.No work session or closed session will be held during such hours unless the agenda is posted at least seventy-two -5- R6876-000 I\I442820v I.doc 60 hours prior to the meeting as required by Section 54954.2 of the California Government Code. No action shall be taken during any work session held between such hours unless the agenda so provides. 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 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 succeeding day,which 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. 3.3 Adjourned Meetings 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 Special meetings may be called by the Mayor or by a majority of the Councilmembers.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 Closed 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. 3.6 Work Session Meetings The Council may meet in work sessions called by the Mayor or the majority of the Councilmembers.Work sessions are open to the public and are meetings for the purposes of the Brown Act. 3.7 Media Attendance Except for closed sessions,all meetings of the City Council and City Boards/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. -6- R6876-0001\1442820v I.doc 61 3.8 Recess Once every hour and one-half,or as Council business permits,the Council shall recess for a period oftime specified by the Mayor. 3.9 Redevelopment 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 Redevelopment Agency and then as the Improvement Authority of the City. 4. 4.1 DUTIES OF THE MAYOR 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.As a member of the City Council,the Mayor shall have all the powers of a member. 4.2 Mayor Pro Tern The Mayor Pro Tern shall be selected by a Council majority vote. 4.3 Presiding Officer The Mayor,if present,shall preside.In the Mayor's absence,the Mayor Pro Tern shall preside. In the absence of both,the Councilmembers present shall elect a Presiding Officer. 4.4 Call To Order The Mayor or Mayor Pro Tern 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 Councilmembers 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 on Councilmembers,staff and/or citizens,shall confine debate to the item under discussion,and shall discourage debate between Councilmembers 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?" -7- R6876"OOO I\I442820v I.doc 62 5.ORDER AND PREPARATION OF AGENDA With the advice ofthe Mayor,or if the Mayor is not available the Mayor Pro Tern,the City Manager prepares the agenda,including the order and priority of agenda items,and the estimates of the time that should be required for the City Council to review,consider and take action regarding each agenda item.All other members of the City Council shall be made aware of tentative agendas for upcoming meetings on a weekly basis.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.The City Staff shall strive to provide staff reports to the City 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 City Council to make an informed decision. An individual Councilmember may request that an item of concern be placed on a future agenda. Such requests may be made to the Mayor or to the City Manager.If the Mayor and City Manager decline to place the requested item on an upcoming Council agenda,the Councilmember may make the request directly to the City Council at a City Council meeting under the business item entitled "Future Agenda Items"and shall,as a courtesy,notify the Mayor in advance.A majority of the Members of the City Council must vote to place the item on a future agenda,and if that action is taken,the City Council also may specify the meeting agenda upon which the item shall be placed.All agenda items shall be accompanied by a staff report.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. 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 Councilmembers as soon as practicable after 5 :00 p.m.on the Thursday 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 City Councilmembers.If the agenda is distributed to City Councilmembers after 5:30 p.m.,the full agenda packet, -8- R6876-0001\1442820v I.doc 63 including reports,shall be made available to the public upon request,without delay,in accordance with the provisions of the Brown Act. 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. 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 of a periodic or recurring nature.The Consent Calendar also 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.Councilmembers are required to provide a brief oral report on -9- R6876-000 I\1442820v I.doc 64 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: (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 give their 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 Councilmembers 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 Personal and Slanderous Remarks 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 -10- R6876-0001 \1442820vl.doc 65 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 ofthe 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: 1.Disorderly,contemptuous or insolent behavior toward the Councilor any member thereof,tending to interrupt the due and orderly course of said meeting. 2.A breach of the peace,boisterous conduct or violent disturbance,tending to interrupt the due and orderly course of said meeting. 3.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. -11- R6876-000 I\I442820v I.doc 66 6.5 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 City Council will be distributed to the City Council as late correspondence. 7.ORDINANCES,RESOLUTIONS AND CONTRACTS 7.1 Document Preparation The 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 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. 7.4 Majority Vote Required 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 -12- R6876-0001 \I442820v I.doc 67 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 1.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. 3.Oral staff report,if any,is presented by a staff member,unless waived by the Council. 4.Staff responds to Councilmember questions. 5.Prior to hearing public testimony or comments,Councilmembers 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,Councilmembers 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 1.The purpose of this section is to provide an opportunity to members of the public who wish to testify in support 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: (a)participants must speak from the podium; (b)that the normal time limit for each speaker is three minutes; (c)that repetition should be avoided;and, (d)that speakers will be discouraged from reading a submission that has been copied and is contained in the agenda materials. -13- R6876-0001 \1442820vl.doc 68 3.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; 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). 5.At the Mayor's discretion,staff and/or Council will answer questions by speakers after the completion of the speaker's testimony. 6.Council will generally reserve questioning of individual speakers until after the completion of the speaker's testimony. 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 stafCfor clarification. 3.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. Councilmembers should strive to avoid repetition.Councilmembers may be permitted to ask questions of each other or debate relevant issues as part of their deliberations. 8.5 Council Action 1.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). (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: -14- R687 6-000)\)442820v ).doc 69 (a)Close the public hearing and vote on the item; (b)Offer amendments or substitute motions allowing additional public comment;or (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 AND COMMITTEES 9.1 Mayor/City Council Committee At the first or second meeting in January of each year,the Mayor shall appoint Councilmembers to serve on various committees,which require a Council representative. 9.2 Citizen Boards,Commissions,and Committees 1.Creation The City Council may create boards,commissions,or committees to act as advisory boards to the Council. 2.Appointments The City Council shall make appointments to citizen boards,commissions and committees.All committee and commission applicants will be interviewed by the City Council at a public meeting. 3.Dissolution Except as provided by the City's Municipal Code,the City Council may dissolve an existing board,commission,or committee if the Council finds that the purpose of the advisory board is no longer necessary or required. 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 majority vote of the Councilmembers who are present. 10.2 Amendment -15- R6876-0001 \1 442820v I.doc 70 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 introduced into the record at a prior Council meeting. 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, made before the "Nays"are called for,a roll call vote shall be taken on any motion before the Council.The Mayor Pro Tern'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. 11.3 Silence During a collective vote (Ayes and Nays),silence of any members denotes an affirmative vote. 11.4 Continuance of an Item 1.Continuance by a Councilmember 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 denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a Councilmember 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:(l)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. -16- R6876-000 I\1 442820v I.doc 71 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: 1.The motion must be made by a member of the prevailing side,although it may be seconded by any Councilmember. 2.The motion must be made prior to the adjournment of the meeting at which the original action was taken. 3.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. 12.2 Appeals 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. 123 Precedence of Motions When a motion is before the Council,no motion shall be entertained except: 1.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 anyone time. 2.Motion to Postpone -17- R6876-0001\1442820vl.doc 72 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. 3.Motion to Table A motion to table is undebatable and 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. R687 6-000 I \I 442820v I.doc ** -18- * 73 Attachment Excerpts from December 20,2011 CC Meeting Minutes 74 mpbell,Duhovic,Knight and Mayor MisetichAYES: NOES: ABSENT: ABSTAIN: Fund operating expenditures,and provo feedback regarding the Reserve Policy to the City Council. Rules of Procedure and Council and Commission/Committee Protocol City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were 10 requests to speak regarding this item. Mayor Misetich provided an overview of the Council Rules and Protocols Ad Hoc Subcommittee Report. City Manager Lehr provided a brief apology regarding the premature release of materials regarding this item for the March 14,2012 Council Team Building Workshop. She noted the early documents were a compilation of materials from other agencies and meant only as a starting place for the work of the Subcommittee. Councilwoman Brooks provided a detailed staff report regarding the work of the Council Rules and Protocols Ad Hoc Subcommittee in research of the topics. Discussion ensued among Council Members. Mark Wells,Rancho Palos Verdes,stated that there were some good ideas suggested in the staff report,noting that he liked the idea of the Mayor in concert with the City Manager setting the agenda.He urged the Council to eliminate Section 11.3 (Miscellaneous Rules-Silence)which is the rule that during a collective vote of ayes and nays,silence of any member denotes an affirmative vote.He questioned the reason for such a rule which allows a board member to not be completely honest or open. Ken Dyda,Rancho Palos Verdes,stated that he provided a handout regarding a number of issues.He suggested the rule regarding silence in Section 11.3 (Miscellaneous Rules-Silence)be reviewed carefully to structure it so that the goal of finality is achieved.He expressed concern with Section 5 (Order and Preparation of Agenda),noting that,in the past,the Mayor had the responsibility of setting the agenda and added that the Mayor should be sensitive to the other Council Members regarding items they wish placed on the agenda.He noted concern with potentially freezing out the minority and suggested accommodating Council Members'desire for items to be placed on agendas when possible.He concluded that the duties contained in Section 9 City Council Minutes March 20,2012 Page 5 of 10 75 (Boards,Commissions and Committees)were confusing regarding the responsibilities of respective committees and commissions. George Zugsmith,Rancho Palos Verdes,stated that one issue of concern is the consideration by the Council to reverse a rule that Tom long put in place some time ago to not allow people to donate their time to another speaker.Mr.Zugsmith opined that the rule was inefficient and did not utilize time in the best manner possible.He suggested that the delegation of time from one speaker to another would allow for more efficiency and less duplication,with the topic being covered more completely and effectively. lois Karp,Rancho Palos Verdes,stated that she had read the original set of Rules of Procedure and reminded the Council that the residents elected a Council to run the City and delegate to staff the work to be done.She opined that it would be more efficient to allow members of the public to give their time to another speaker;that Section 8.4 (Procedures Regarding Public Hearings-Council Deliberations)regarding the topic of Council Deliberations should be strengthened for clarity;and that officials of the City should always identify themselves when they are speaking at hearings of other agencies. Jeanne lacombe,Rancho Palos Verdes,stated that it was important for people to identify themselves when they are speaking before a body to state if they are speaking on behalf of a group or as an individual;and that she was in favor of allowing time of one speaker to be allotted to another speaker to allow for more thorough presentations. Jarel Wheaton,Rancho Palos Verdes,suggested that the Council consider memorializing the City's practice of the televising of Council meetings in the Rules of Procedure.He commented that there was another way of hijacking the agenda,which is becoming active on controversial items and fanning the flames reSUlting in the loading of the Council Chambers,which results in the Council not being able to get to some of the future agenda items. Ken Delong,Rancho Palos Verdes,stated that the current Rules and Procedures were approved in December 2011 and inquired why there was a rush to revise the Rules once again.He commented on particular aspects of Section 5 (Order and Preparation of Agenda),noting that the Mayor should approve the items to be placed on the agenda. He stated that this item should be continued for further consideration and to allow for more input from the residents. Carol Mueller,Rancho Palos Verdes,stated that she has heard rumors in the City that the City Council is not working well as a team. Tom Redfield,Rancho Palos Verdes,stated that the Council should step back and not rush items forward on the Council agendas.He recounted the events regarding the City Council Minutes March 20,2012 Page 6 of 10 76 premature release of a draft of the Rules of Procedure,noting that civic leaders and activists promptly came together to review the document.He opined that the revised draft still needs additional work. Discussion ensued among Council Members,City Attorney and staff. Mayor Misetich moved,seconded by Councilman Knight,to continue the Proposed Rules of Procedure and Council and Commission/Committee Protocol to the May 15, 2012 Council Meeting with the exception of Section 5 (Order and Preparation of Agenda),which will be incorporated into the Rules of Procedure immediately,with further revisions to be considered as determined necessary by the Council. Additional discussion ensued between Council Members and staff. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Brooks,Knight and Mayor Misetich Campbell and Duhovic None None D RECONVENE:RECESS City Clerk Morreal meeting and there Deputy City Manager rom 9:02 P.M.to 9:13 P.M. provided a brief staff report regarding this item. .......'111.Council Members and staff. Sgt.Dave Rozas,Lo ta Sta n,Los Angeles County Sheriff's Office,stated that regarding the Counc',s questio s about crime prevention,the Sheriffs Department is willing to continue rking with dents,Neighborhood Watch,and the community through Homeow rs'Associatio .He added that he would like to increase the cadre of Volunteers on atrol who work in onjunction with the patrol of the Sheriffs Department an ould like to resum he Sheriff Bike Patrol in commercial areas, including Wes rn Avenue. Members and staff. City Council Minutes March 20,2012 Page 7 of 10 77 AYES: NOES: ABSENT: ABSTAIN: ovic moved,seconded ayor Pro Tem Campbell,to amend the threshold of exp aitures that are $250,000 or more. i ht and Mayor Misetich Rules of Procedure and Council and Commission/Committee Protocol (continued) City Attorney Lynch reported that Mr.Dyda raised an issue regarding the Council's vote on the Rules of Procedure.She stated that she understood when Councilwoman Brooks asked for the question to be called that there was a motion and a second and no objection;and the resulting vote was taken on the item regarding the Rules of Procedure and Council and Commission/Committee Protocol.She added that for purposes of clarity the vote on that item (Rules of Procedure and Council and Commission/Committee Protocol)should be taken once again to avoid confusion. Deputy City Manager Petru restated the motion as the following:Mayor Misetich moved, seconded by Councilman Knight,to continue the Proposed Rules of Procedure and Council and Commission/Committee Protocol to the May 15,2012 Council Meeting with the exception of Section 5 (Order and Preparation of Agenda),which will be incorporated into the Rules of Procedure immediately,with further revisions to be considered as determined necessary by the Council. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Brooks,Knight and Mayor Misetich Campbell and Duhovic None None March 6,2012. Report in w'g. City Council Minutes March 20,2012 Page 9 of 10 78 Attachment Excerpts of Late Correspondence from CC meeting of March 20,2012 79 ,.n{;~~~=~,::,{..tIL RULES AND PROCEDURES for 3120113.~Jenda \, (Refer to the Rules and Procedures attachment to the Council agenda for 3/20/12 for the content ofthe paragraphs referenced below;) Preamble Line 6 ...change from to form of Gov ... P 2.2 line 2 change slbe to she/he P 3.2 on Paragraph beginning "No work session ....Agenda posting 72 hours before a meeting means it can be posted on a weekend.No teal time for public review.Agendas should be posted on the city's web site at the same time they are distributed to the council.Move incomplete agenda items to the next day at a city facility with TV recording.All meetings be held at a city facility with TV coverage. P 3.4 Again 24 hrs.is not adequat~notice.See P3.2 above. P 5 The mayor has the primary authority and responsibility for the agenda,.As such the mayor, with input from council members and in consultation with the city manager and city attorney, detennines which items will be on the agenda.The mayor should take into account the urgency ofthe item,the timeliness ofthe item the legal requirement for the item and the time duration set for the council meeting.TIffiREFORE: The Mayor,or if the Mayor is not available,the Mayor Pro Tern establishes the agenda which includes the order and priority of agenda items and the estimates ofthe time that should be required for the City Council to review,consider and take action regarding each agenda item. The citv manager then prepares and publishes the agenda.All other members of the City Council shall be made aware oftentative agendas for upcoming meetings on a weekly basis. 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.The City Staff shall strive to provide staff reports to the City Council with sound,professional,unbiased recommendations on a course of action for all City issues,to the maximum extent practical,along with pertinent facts and analysis to enable the City Council to make an informed decision. An individual Councilmember may request the mayor.at any time.that an item of concern be placed on a future agenda.Ifthe Mayor after consulting with the City Manager and.if necessary.with the citv attorner declinq to place the requested item on an upcoming Council Agenda,the Councilmember may make the request directly to the City 90uncil at a City Couticil meeting under the business item entitled "Future Agenda Items"and shall,as a courtesy,notify the Mayor in advance.Should the mayor decline adding the item,then the member can move to have the item and getting a majority vote ofthe council the mayor's decision is overridden.The City Council also may specify the meeting agenda upon which the item shall be placed.All agenda items shall be accompanied by a report from the council member in support ofthe position or by staff.If a Councilmember prepares a report for an agenda item,it shall be submitted to the City Manager in time for it to be published as part of the agenda and appear on the city's web site P 5.3 Post agenda on web at the same time the council gets it. p.6.1.2 (f)May limit the time for each speaker but no limit the number of speakers. "R-E-CE"IV';'E~D-F~R""O"M-1~Mlac':-:/,;;---' ND MADE A PART OF THE R CORD AT TH COUNCIL MEETING OF 1 OFFICE OF THE CITY CLERK CARLA MORREALE,CITY CLERK 80 ~~iis~~::tc~~~:::t~i;}1e~~~::e~t:e:ean::::~1:::~~~~endment.The time P 6.5 Material to be consid~by the council that is received,after the agenda is distributed, should either be disallowed or cause that item to be continued to the next meeting.I prefer the former so as not to provide the opportunity for the process to be used merely to delay action. With proper notice material should be available along with the agenda to provide both the council and the public sufficient time to give it due consideration.The latter is subject to abuse by continuing to submit late data,thereby potentially extending said item indefinitely.(See Rosenberg's rules intent to achieve finality) P 1.1 last line add "as may be required by law" P1.3 The complete proposed ordinance shall be published along with the agenda. P 7.4 in the parenthesis ...delete ''who are present"and replace with "a quorum being present". P 8.2.2 (see 7.3 above). P 8.5 (c)The council may also reopen the hearing at the same meeting with sufficient cause. P 9.2.3 DUTIES:Handcuffs the people.Needs to be totally reworked.They can't do work themselves and they cannot commit staff time,how can they render any decision? Commissions are extensions of council and can make binding decisions subject only to an appeal to the council.If the only group that can do work is the staff,why are commissions and committees needed?I will be proposing a new process to streamline the work in the near future. P 10.2 They need to be published in full as part of the agenda.Rules are not stand alone items. They are apart ofthe whole and should be integrated with the other rules.. P 11.3 "Silence"Is not acceptable.Each member present must vote aye,nay or abstain.See Rosenberg's Rules as to how a meeting decision can be affected.An "Abstention"or ''Not here present"while still on the Dias is a NO vote.Again,the objective is to achieve finality. KenDyda 2 81 TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS CITY CLERK MARCH 20,2012 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA . Attached -are revisions/additions and/or amendments to the agenda material presented for tonight's meeting: Item No. PUB~MENTS ~ ~ 3 Respectfully submitted, -~~ Carla Morreale Description of Material Email from Danielle Weinstock Email from Bill James Narrative List of City Council Goals and Priorities Email from Councilman Knight;Community Development Director Rojas response to Ken Delong inquiry **PLEASE NOTE:Materials attached after the color page were submitted through Monday,March 19,2012**. W:\AGENDA\2012 AddlUons Revisions to agandas\20120320 additions revisions to agenda.doc 82 C....r____________~i:~'...'·---.l<t~,.··....·•_ From:Carolyn Lehr [clehr@rpv.com] Sent:Tuesday,March 20,2012 8:02 AM To:cc@rpv.com Cc:'Carla Morreale' SUbject:FW:Late Correspondence Agenda item 3 Mr.Mayor and Council Members, At Councilman Knight's request,I am forwarding to you his comments and suggested revisions to the draft Rules of Procedure and Protocol.He already covered his questions with staff yesterday afternoon,which was most helpful.Please see his comments below. Thank you, Cet.-ro-o/VlI L~ City Manager ~City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 clehr@rpv.com •(310)544-5202 This e-mail message contains information belonging to the City of Rancho Palos Verdes,which may be privileged,confidential and/or protected from disclosure.The information is Intended only for use of the individual or entity named.Unauthorized dissemination,distribution,or copying is strictly prohibited.If you received this email in error,or are not an intended recipient,please notify the sender immediately. Thank you for your assistance and cooperation. From:Jim Knight (mailto:knlghtjim33@gmail.com] sent:Monday,March 19,2012 11:40 PM To:Carolyn lehr Subject:Agenda item 3 Carolyn, I have a few comments on the new Rules and Procedures (Agenda item 3)for the meeting on the 20th.Please share them with the Mayor and other council members so they have an opportunity to review them in advance in an effort to assist in moving the meeting along that night rather than me taking the time on the 20th . First,I wish to thank both Councilwoman Brooks and the Mayor for all of the time they have put into researching and putting together this draft set of rules.I think it will help all of us better understand a mutually acceptable set of protocols.My comments are intended as constructive and in the spirit of contributing to making the draft even better. ..P.3"17 Sec.5 -Reverse the paragraphs.The second paragraph describing the process for a Council member generating an agenda item should be first.Then the document can describe how the eM and Mayor will set the agenda items depending upon staff time,urgency,etc.This will help with 3/20/2012 83 public perception that Council mem~~e actively part ofth~genesis of agent":"items . .,..P.3-25 Sec.9.2 -Maybe instead of "serve at pleasure of Council",we could say"At any time,on a case by case basis,the Council may reconsider any appointment." .,..P 3-25 Sec.9.2.3 -No need to repeat "not authorized to make policy decisions"in the 3rd sentence.It has been stated in the first sentence. -"Have not authority to commit staff time,city resources ...and members are ~'not expected to take the place of City staff or do work that is more appropriately handled by City Staff." I want to make sure that we don't give our committee or commission members the idea that they cannot contribute to the subject matter before them.We are blessed with some very talented,intelligent members and they may have expertise and/or research material that can be helpful in the committee's.analysis of an issue before them. Maybe we can add at the beginning of the second paragraph,"Although the City welcomes input from the members and questions of staff,City Boards,Commissions and Committees should not commit City resources ...." ..P.3-26 Sec.9.3 -On the second to last sentence I recommend adding "recommendations",i.e.,"Subcommittee Report recommendations_will be conveyed to ..."This is for clarification,that these Reports are recommendations,not directives of the subcommittee . .,..P.3-49 Sec.III,A,2,8,etc. -Uniformly apply parenthesis (or not)when referring t<?Commission or Committees . ....P.3-50 Sec.I6 -Sometimes Council,Committee or Commissioner members need to immediately respond to blasts in a newspaper, blog or e-mail attacking the member under their title.How is a member to respond without having to use their title, which "represents their city"?Need some clarification here. -Sec.I7 -I am not sure why a member of one committee cannot testify at another RPV committee or commission and let that body know what position they hold.Our constituents have a right to know who is testifying,even if the committee or commission receiving the testimony may already know. It agree that is a different matter when testifying in another city where,unauthorized,it could be misinterpreted as a representation ofan official position ofRPV at that other city's meeting. Thank you and I look forward to a productive meeting on Tuesday. Jim Knight RPV City Council member Jim Knight RPV City Council 30940 Hawthorne Blvd. RPV,CA 90275 310/544-5207 3/20/2012 ."....r ') 84 ________--lOvZ".<:..-O.----------1;;(::'.-------- From:Joel Rojas Ooelr@rpv.com] Sent:Monday,March 19,20121:05 PM To:CC@rpv.com Cc:'Greg Pfosf;'Leza Mikhail';'Carolyn Lehr' Subject:RE:Council Direction Dear Council members Given this email,I thought I would provide a little background and explanation about this issue. At the request of the Golden Cove Shopping Center property owner (not Staff),a code amendment initiation request was taken to the City Council on June 21,2011 to consider amending the code to allow some limited ancillary residential uses on commercial properties.The basis for the Golden Cove center owner's proposal was to make up for lost revenue on units that were not ideal for commercial tenants and to minimize the commutes of some of the center tenanfs owners andlor employees.The City Council agreed with Staff that the proposal had merit and thus Initiated the code amendment process directing Staff and the Planning Commission to work on an ordinance and a recommendation to the City Council. On January 24,2012,the PC considered the Issue and recommended that the proposed code amendment not be pursued.In reviewing the matter,the PC raised a concern with imposing the residential allowance on several commercial properties throughout the City when only one commercial property owner seemed to support It.As a result,last month,Staff mailed a one-page survey to 41 commercial property owners in the City to obtain feedback on the proposal.This information will assist Staff in making its recommendation to the City Council.This item is scheduled to be considered by the City Council at its upcoming April Srd meeting. Please let me know if you have any additional questions. Joel From:Ken DeLong [mallto:ken.delong@verizon.net] sent:Monday,March 19,2012 10:54 AM To:tc@rpv.com Cc:Don Reeves;Ron stankey;Barry Hildebrand;Ray Mathys SUbject:Council DIrection All, I believe the message below Is a matter (Staffs decision to solicit community opinions or Initiate projects that take staff resources)that needs further dialogue and perhaps might be added to the "Rules & .procedures"discussion.The Issue is the roles 1authority of staff with I without Council direction.While probably smaller in scale than Annenberg,there are similarities in staff direction and Intent. Question,should not the Planning Commission,as directed by the Council,approve this 1these type of ventures before the staff goes forward?There are similarities in other departments as well.Contained within the revised "Rules &Procedures"package is reference to RPV's Council I City Manager form of government and the attempt to draw a hard line between Council and City Manager authority.The present Council 1City Manager form of government,as Is being currently interpreted,limits the functionality of the Council and has not been working well for RPV taxpayers.We urge a greater public discussion of these concerns and offer our assistance when desired. Ken Delong from:Connie 5emos [mallto:bconmast@msn.com] sent:Sunday,March 18,20129:09 PM To:ken delong Subject:RE: Hi Ken,Mabe It was In the Peninsula News last Thursday,not the DB.Connie 1/19/2012 /...I'_1 85 From:ken.delong@verlzon.net To:bconma5t@msn.com Subject:RE: Date:Sun,18 Mar 2012 20:27:09 -0700 Connie,was unaware but will direct to CC for further action from:Connie 5emos [mallto:bconma5t@msn.com] sent:Sunday,March 18,2012 4:58 PM To:ken delong Subject: HI Ken,Last week,In the Dally Breeze,there was a public notice from Joel Rojas re a zone amendment allowing residential apartments In all of RPV's CL Commercial limited,CN Commercial Neighborhood and CG Commercial General zones.' My bet Is this In response to the owner of Golden Coves request last year to allow "employees"to live in his vacant retail slots (vacant for 15 years.)He pleaded that employees,Including Terranea's,need to live close to work. Is this the "camel's nose"In the tent? Why wasn't this In your newsletter? Connie 3/19/2012 86 TO: FROM: DATE: SUBJECT: c, HONORABLE MAYOR &CITY COUNCIL MEMBERS CITY CLERK MARCH 19,2012 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA . Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday,March 20,2012 City Council meeting: Item No. 3 Respectfully submitted, Description of Material Letter from Jeff Lewis;Emails from:Paul Tetreault;Thomas D.Long;Ken Delong;Tom Redfield;Email exchange between Mark Wells and City Attorney lynch ~fALL Carla Morreale W:"'GENDA\2012 Additions Revisions to agendaS20120319 additions revisions to agenda through Tuesday afternoon.doc 87 JEFFREY LEWIS 609 Deep Valley Drive.Suite 200,RoHling BiRKs J&tates 90214 March 12,2012 Hon.Anthony M.Misetich,Mayor Rancho Palos Verdes City Hall 30940 Hawthorne Blvd. Ram:ho Palos Verdes,CA 90275 Dear Mayor Misetich, I am writing this letter concerning the proposed changes to the city council procedures and adoption of a code of ethics that was recently soheduled to be heard during an adjourned,off-site,non-televised city council meeting on Wednesday March 14.I understand that the meeting regarding this matter is going to be rescheduled. Nonetheless,I believe the below comments will have applicability to the proposed changes and would ask that you consider them.To be clear,I write this letter in my individual capacity as a resident of our city and not on behalf of any person, organization or commission. The staff report for the March 14 1 meeting contemplates profound changes to the manner in which council meeting agendas are set,proposes restrictions on how council members and commission2 members may interact with city staff and the city attorney and,if adopted,wold subject commissioners to "immediate dismissal"for violation of a vaguely defined set of code of "values-based ethics."In order to maximize public participation and notice,these changes should be debated and voted on during a regularly noticed and televised session of city council at the normal Hesse Park location and not at a Wednesday evening meeting at the Salvation Army.While I personally favor some of the proposed changes (such as the implementation of a "two- hour"or "one-hour"rule for council member inquiries of stafl),hearing the matter as presently set would undermine the legitimacy of any changes you made.Ironically,the I Although this matter will likely be continued to another day,all references herein to "staff report"are to the original March 14 report. 2 For brevity's sake,all references herein to commissions and commissioners include city committees and committee members,respectively. 88 date initially set for this meeting falls in the middle of Sunshine WeekS·a national event that promotes the public's right to know what it's government is doing and why. In the interest of open government,I recommend that the matter initially set for March 14 be continued to a regularly scheduled meeting. I also have some concerns regarding the following specific changes recommended by staff: First.section five would vest exclusive authority in the city manager to set the agenda for all council meetings.My reading of the proposed rules is that even if all five council members wanted to set an agenda item,they could not do so without the city manager's consent.I also understand that the proposed rules would preclude the city council from ever altering this rule back to its current state without the city manager's consent,"1 If I have misread the rules,perhaps a clarification should be added to ensure that.future councils and/or city managers do not misread the effect of the proposed rules as I have. Under the first of four alternative section 6.10 provisions,a city council member could not set a matter on the the agenda.This shift in power from the council to the city manager eliminates an important power previously exercised by the city council.I would urge the council to reject this first alternative and adopt alternative two,three or four for section 6.10. Second.Section 9.2 would prohibit a commission from adding a matter to the agenda without a vote by city council.For example,if the planning commission wanted to study the issue of lighting at Point Vicente or the implementation of our conceptual trails,it could not be placed on an agenda without a council vote.If the planning commission wanted to studythe issue of the dangerous butane tanks on our city border,a city council vote would be required first.This would seem to deprive the council of a valuable resource for new ideas. Third.I would suggest that section 8.3 be rnodified to indicate that one public speaker may not (without mayorapproval)assign their three minutes to another speaker.This avoids a .situation where,for example,five speakers come in and assign all of their time (16 minutes)to another speaker. Fourth.Section 13 is troubling.Historically,the four year appointment of commissioners allowed them to vote independently and without fear of reprisal by the 3 For more information about Sunshine Week see http://www.sunshineweek.ors/ About.aspx 4 I have the greatest respect for our city manager.The comments in this letter should not be construed as a question of her integrity or intentions.Rather,these comments are designed to ensure that our local government has an important check on city staff now and in the future. 89 city council.The introduction of a provision for "hnm~diate dismissal"for disloyal conduct would undermine that independence.The·rules do not indicate whether city council vote is required for "immediate dismissal"or if the city manager and/or mayor could simply act to dismiss a commissioner.And what conduct would violate this policy?Consider the below scenarios: •If a commissioner speaks at a public hearing of a sister city against a public project would that action violate.the code of conduct as drafted and result in immediate dismissal? •If a commissioner wrote a letter criticizing a state orfederal project occurring within city limits (such as a federally funded repair of a landslide),would that letter violate the code? •Iff1.commissioner made a public records request of our city or a sister city or the State of California and one or more council members deemed that request "disrespectful"or disloyal,would that be a violation of the code? •If a commissioner supported a candidate for public office through endorsements or other conduct,and one or more council members deemed that request "disrespectful" or disloyal,would that be a violation of the code? •If a commissioner wrote a letter that criticized the current council for proposing changes to the rules of procedure or the adoption of a code of conduct,would sending that letter be a violation of the code? I would urge the council to reject this ill-defined code of conduct.If implemented,the immediate dismissal clause will be abused in violation of commissioners'First Amendmentrights to speak and petition their government.If the council is set on adopting a code of conduct,I would urge the council to review Rule 10 of the City of Rolling Hills Estates on page 28 of the staff report.(without the reference to "immediate dismissal'')is a good model. Fifth.Section 13 would appear to preclude a city council member from speaking with the oity attorney and effectively make the city attorney report to the city manger and not the council.Suppose a city council member was threatened with a lawsuit or was concerned with the legality of proposed city action?Section 13 would preclude consultation with the city attorney.What problem is the council attempting to fix here? Is the problem one particular council member using too much city attorney time?If so,a little transparency (reporting to the public of council member time usage)may be the solution rather than outright preclusion of the ability to consult. Sixth,the council rules or ethics code should include a statement regarding the obligation of confidentiality over information obtained in closed session or from the city attorney.See for example Rule 7 of the City of Rolling Hills Estates on page 28 of the staff report. 90 Thank you for your service·to our city.I·know that you each have the best of intentions and will make appropriate choices for our city.Each ofyou campaigned on a platform of more transparency of decision making.This is a wonderful opportunity to fulfill those promises. Respectfully submitted, ~~. Jeffrey Lewis 91 F...C···~···_____--~t.;;.;\..;...:---------------1.",.,.,---_ From:Paul Tetreault [paul.rpv@gmail.comj Sent:Saturday,March 17,2012 12:07 AM To:'Paul Tetreault';cc@rpv.com;clehr@rpv.com Subject:RE:Rules of Procedure and Council and Commission/Committee Protocol Hon.Mayor and Members of the City Council: Ironically,at the end of my just-submitted email to you (reprinted below),having Identified myself as the chair of the Planning Commission,I did not make it clear that I was communicating with you as a private citizen,not as a representative of the Planning Commission.My mistake,but immediately corrected. Paul Tetreault From:Paul Tetreault [mallto:paul.rpv@gmail.com] sent:Friday,March 16,2012 11:59 PM To:'cc@rpv.com';'dellr@rpv.com' Subject:Rules of Procedure and Council and Commission/Committee Protocol Hon.Mayor and Members of the City Council: I have reviewed the proposed Protocol for Elected Officials and Appointed Commission and Committee Members.I appreciate the many changes that have been made since the drafting ofthe proposed Code of Conduct.Most of my concerns have been adequately addressed but I offer a few comments for your consideration.I present these to you in this form because the Council's hearings on this matter are set during the time that I and several members of the Planning Commission will be In Fresno attending the annual ~Ianners Institute conducted by the League of California Cities. Sec.1II.A.17.(p.3-50 of Staff Report)directs members of RPV Commissions and Committees to never Identify themselves as members of such organizations when testifying at hearings before other administrative bodies of RPV or before administrative bodies of other governmental agencies without first getting permission from their Commission or Committee,or the City Council.This goes beyond the clear Intent of Sec.III.A.16.which prohibits Members from making statements or other communications that purport to represent the City without prior authorization.Sec.III.A.16.is a fair and prudent mandate.However,Sec.III.A.17.forbids Members from disclosing their offiCial position with the City when the Member testifies In our City or before a governmental agencies of another city.In so doing, the public Is deprived of information abol,lt the speaker which could reveal bias,influence or relevant expertise.Similarly,the governmental agency before whom the Member Is testifying is deprived of vital Information about the Member's potential bias and expertise If they do not know the Member's elected or appointed capacity. For example:The chairperson on the traffic Safety Commission testifies at a Planning Commission. hearing and expresses concerns about traffic and circulation relating to a proposed development,and he does not disclose that he is the Traffic Safety Commission chair.Many of the Planning Commissioners would likely recognize the speaker and know his official capacity.However,most members of the public would not know this fact.Those on the Planning Commission who know the speaker may be influenced by his expertise,yet this factor would be undisclosed to the public.If the decision of the Planning Commission follows the urging of the Traffic Safety Commission chair it could appear to the public later on that something untoward had taken place because this significant fact had been hidden from the public. Another example:Assume that the Director of Parks and Recreation for the County of Los Angeles lives In Palos Verdes and spoke before the RPV City Council in opposition to a proposed skate park in RPV. 3/19/2012 92 Further assu~e that the County of Los Af:V)Jes was also considering the creation of syJ:7-'a park that would charge the public to use the faCIlity which would be built WN'filn a short distance from RPV's proposed (h;;Jpark.Finally,the speaker does not disclose who he or she is.Because of the speaker's expertise in the area of parks in general and skate parks in particular,he or she makes a great presentation and Is very convincing.But the withholding of that information also hides a tremendous bias that person has against the free park which would compete with the County's fee-based park.Under this example I believe that members of our City Council would feel that the speaker purposely hid his or her bias and had an undisclOsed conflict of interest,something that all elected and appointed government officials are to avoid. The Preamble to the Council's proposed revised Rules of Procedure speaks of transparency in government.This element of the proposed Protocol mandates opacity,not transparency.Rather,the Protocol should require that all Members of the Council,Commissions and Committees always Identify who they are and their official city position followed by this statement:(II am speaking,however,as a private citizen and not as a representative of the City of Rancho Palos Verdes." Unless,of course,that person is on official business authorized by the City Council to speak for the City. Full disclosure of all relevant Information is the fail-safe for good government.Although perhaps not the intent of the Council,Sec.IIIA17.hides Information from the public.Doing so must be carefully considered,for compelling reasons and extremely limited In scope.I do not see the need for Sec.III.A.17.To the contrary,full disclosure of all facts that could reveal bias or Influence should be mandated. Respectfully submitted, Paul Tetreault Chair,Rancho Palos Verdes Planning Commission 3/19/2012 93 --------~f1.,:,'~.--"c,' .."_---------- From:Paul Tetreault [paul@agajanianlaw.com] Sent:Monday,March 12,20125:18 PM To:'cc@rpv.com';'Carolyn Lehr' SUbJect:Proposed Code of Conduct Hon.Mayor and Members of the City Council I have reviewed the draft additions to the City Council's Rules of Procedure and offer the following comments. 1.The proposed added section 9.2.3 regarding the Duties of Citizen Boards,Commissions,and Committees:It states that Boards,Commissions and Committees are advisory to the CC,cannot commit City resources,provide resident's prespectives and filter Information from staff.However,the Planning Commission Is not merely advisory.It regularly performs a quasi-judicial function deciding matters such as applications for development code variances,determining matters involving-view restoration and preservation,neighborhood compatability and the like,which are binding upon residents in the absence of an appeal to the CC.The Municipal Code sets forth the specific function and duties of the PC and Its members (RPVMC sec.2.20,et sec.)The PC regularly directs staff to conduct research,inspections and reviews of properties relating to matters that are on the PC agenda.This proposed new section states that we cannot do so.It Is suggested that appropriate changes be made to distinguish'the PC from other municipal bodies that do not perform functions mandated by the Municipal Code. 2.The proposed added section 13 Code of Conduct opening paragraph:There is reference to a "'values-based ethics policy'"that the CC,PC and other city bodies are to adhere to.The term "values- based ethics policy"is in quotes but the term is not defined.If the City is expecting people on the affected bodies to conduct themselves In accordance with a system or philosophy,It needs to be defined.There are many "values"that could affect conduct.Are these personal or cultural?Are they idealized (lacking in exceptions)or realized (exceptions are expected to avoid contradictions between theory and practice)? Religious or secular?It is suggested that the reference to "values-based ethics policy"be deleted. 3.The proposed added section 13 Code of Conduct opening paragraph:The proposed Code of Conduct seeks to obtain from each Council,Committee and Commission members a pledge to respect, support and work to improve relationships between our city and other govemmental entities.Failure to do so is grounds for immediate dismissal (except for Council members who are elected).In my opinion this language violates the First Amendment rights of free speech under the U.S.Constitution.I believe we all recognize certain forms of "dlsrespecf'and prefer not to see such during our official duties for the City. But "respecf'Is a vague term upon Which to consider dismissal."Respect"is defined by Websters,in its verb form,as "to consider worthy of esteem;to regard with honor."In the noun form it is defined as "esteem;regard;consideration;honor."Are members of Council,Commissions and Committees not allowed to question the policies or actions of not only those that govem RPV but sister cities on the Hill, the County of Los Angeles,State of Califomla and federal government?Is it an act of disrespect to criticize City staff when they act or fall to act in a certain way?Am I not allOWed to be critical and engage In the national debate over health care,immigration or public education?The proposed Code makes no exceptions for actions as a private citizen rather than as a City official.On Its face it chills free speech, not only as to "respect"but with regard to "supporr'as well.Will a member of the PC be SUbject to dismissal if he or she,while running for City Council,criticizes an Incumbant opponent or is critical of the City Manager?This could be both a failure of respect as well as support.This language and the call for a pledge should be removed from the proposed Code of Conduct.Rather than a pledge,it can be a directive. Finally,it this the appropriate place to put this Code of Conduct?The document Itself Is the City Council Rules of Procedure.That may not be the most logical place to put a Code of Conduct pertaining to Committees and Commissions.As an alternative it could be included In the Advisory Board Handbooks. Please let me know if you have any questions or comments about the above. Respectfully submitted, Paull.Tetreault 3/19/2012 94 --------------:;;€l[.';;;..:)---~(.;...:....-_ From:Long,Thomas D.[tlong@nossaman.com) Sent:Saturday,March 17,20124:23 PM To:cc@rpv.com Cc:pc@rpv.com;Lehr Carolyn;Carolynn Petru Subject:RE:Comment on Proposed Changes to the City's Rules Dear Councilmembers and Planning Commissioners: ,I just learned after submitting the comments below that there is now a more recent report written by Councilmember Brooks and Mayor Misetich that contains a revised proposal for amendments to the rules.In addition to my comments below I make the following additional comments: (1)The March 20-21 Report indicates that the ad hoc committee was appointed by the Mayor with IIno objection II by the rest of the council.This is a new procedure in itself. Past practice has been for the Mayor to make appointments but for those appointments to be ratified by a vote of the council as a whole,often with discussion. (2)Section 5 effectively eliminates the ability of individual councilmembers to add items to the agenda.While I agree that individual members should not be allowed to direct the agenda of the council,I think this issue warrants careful consideration.The rule as written would prevent two members from placing an item on the agenda as well.The proposed rule is SUbject to abuse as written.It could be used by a council majority to stifle significant dissent. (3)Section 5.2 reduces the availability of agenda packets for members and the public by one day from the Wednesday prior to the meeting to Thursday.This is a significant degradation in open government and in proper meeting preparation.Prior councils and the public complained that Thursday was not good enough.The need for this approach would seem to be less given the tw<:>week advance notice now required for new agenda items and the elimination of the ability of individual members to place items on the agenda.For councilmembers and constituents who don't work the loss of time may not be significant,but for others it is.(Ironically it appears that this staff report itself violates existing policy if,as I think was the case,it was not available this past Wednesday.If there is one place where we should respect procedure it is in the procedure we use for adopting new procedures.) (4)Section 9.2(2)provides that all commission and committee members serve at the pleasure of the council.Legally this is likely correct.In practice,however,past councils have sought to encourage independent advice and the tenure of members has been respected.This addition,especially coming when it does in the context of actions by a councilmembet to suppress dissent and the otherwise somewhat antidemocratic character of these proposed rules,sends a poor message to the public. (5)Section 9.3 has things backwards.Ad hoc committees gather information and formulate proposals for consideration by the council,not the other way around.Nor is it clear how councilmembers can provide input to ad hoc committees while the work of those committees is ongoing.It often will not be practical to provide that input at council meetings but doing it in any other way violates the Brown Act. The Amended proposal eliminates Section 13,a proposed ethics code,and replaces it with a proposed Protocol,which appears to be quite different.While the proposed Protocol removes the earlier explicit threat of lIimmediate dismissal"of dissenters,its 3/19/2012 J ""I-2 95 c~ara~ter is as bad as the origina!~;}posal.Generally it seems t~at i~~[:~1I0~a coun~i1 majority to stIfle dissent and to prevent the dls'a'6sure of undefined "Gonfidentlal"mf&i:fnatlon that might be used to question the council majority's decisions.It bears resemblance to the approach our school board previously had of insisting that once the board took a vote on an issue,no further dissent was allowed.Vladimir Lenin originated this approach,which he called "Democratic Centralism,"to cement his hold on the USSR.See http://en.wikipedia.orglwiki/Democratic centralism My specific comments on the proposed Protocol are as follows: (1)Section A(6)appears to require concealment of information "received confidentially."This is subject to much abuse unless very narrowly defined.As far as I am aware only very limited items are required to be kept from the public such as attorney-client privileged communications and certain limited personnel and contracting matters.As written,the rule will allow a council majority to stifle dissent and conceal information from the public that the city does not enjoy the legal right to withhold.The Brown Act allows limited information to be kept confidential and council members must already respect the city's legitimate privileges under the Brown Act.There is no need to try to supplant state law. (2)Section A(14)is unduly intrusive.Councilmembers and commission and committee members do not need staff "minders l'when they meet with the public.This does not appear to be a good use of limited staff time and taxpayer money. (3)Section A(16)misstates the law.Nothing but actions ofthe city council can "bind the city."Hence no comments by commission or committee members or by individual councilmembers are comments that could bind the city.This language serves no legitimate purpose.It's only discernable purpose is to provide another mechanism for the council majority to stifle dissent. (4)Section A(17)is unnecessary.Our elected and appointed officials always make It clear that they are speaking as individuals when they are doing so.Moreover,only a resolution of the council can constitute an official position of the city.Again the language has no legitimate purpose other than to stifle dissent. (5)Section A(18)is very poorly written.In those cases where Government Code Section 1090 actually applies,disqualifying oneself from the vote is not always sufficient.Moreover,financial conflicts go way beyond that class of conflicts governed by Section 1090.The city's ordinances cannot change state law. They can,however,augment state law.It is not clear what is meantby this provision.It needs more analysis.. (6)Section A(20)is very unclear.There is likely state law on this point which the city cannot change. This too needs more analysis. The entire manner in which this has been handled calls into question its purpose.Why was there no public outreach?Why was there no input from the committees and commissions as to what protocols they might suggest for their own operation?Surely the committee and commission members know the functioning of their bodies as well if not better than the councilmembers do.Prior proposed procedure changes were vetted by the city attorney.Was this one?It does not look as though it was.At least some of the provisions appear to raise First Amendment issues. I would encourage the council to defer adoption of the proposed rule changes and Protocol until it obtains and considers more input from the public and from commission and committee members. Tom Long 3/19/2012 96 From:Long,Thomas D. sent:Saturday,March 17,201212:29 PM To:cc@rpv.com ee:'pc@rpv.com';Lehr carolyn;carolynn Petru SUbject:Comment on Proposed Changes to the City's Rules Dear Counollmembers and Planning Commission Members: 'have.r~vl.wed the MafClh 14th staff reportanci theprop()~ed rulec~anges de~cribedabove and offer the following as my p't.sol'll.l90mment•.Maryy·-ofthep!ol?()$.d~ha~g,.s"fl$ct c.onfc;fming ttl(~~lesto pastpraotlce of the council.Isupport suoh..ch~l1g.es.,false $IIPP9rt tnCil ~n¢.,-ptthatthe...~"pf&,tsff r~ource~should.be oontrQ!'~by tHe coUncil ~.a whole and (Qflc:f,•.rt.h~dOWip1I'$:dl~tlon)th~::~tt}t.m~lia.9,r;iVlij:r:l9t ~Y:JOdIV!c:W~tC()u.n¢"rn.$m~r$.Th~prppo$~9h~nQ~to the rules r.!.•.:.r.·r.i.~.•~.b..!'.f.::.(~.f.~O.f.~.r~.~.·~~.'~«.a.;'.r.~I.I.r.!l)().~*!.5~~~v.!:.d1.~~t.?=...•..U.·to.p.!.;·t.J.I.••~.t..~.!£.It..~.n.S.~.e.I:.I~.m.~.d.:.t.::d'•··tbr,,·tVl[·"il"b'll 'Ud bbl t'Iice'ltEf'.th"d ttl tiOthtffJlJh ..m1 h ,'."",'.'.",:;;:'';.,:".:<':":''.'.....:;:,-"::;::,"..:~:;':.,:.:'Y :/;~,.: .......';'.'::'"::.:;'.;..;,::<::::)}':~::.:::.'-:::::=:~:::..?:r::::t:},(.:;;:;:>:::(.(.::.;)-:.'.;'.;::.:)...<:.:..': .'.~•.:.·..·...·:t\ot.perrorin.ng w.~ii~·tt:$~~nQlish~uld simply .....:::..,"...-:'.','';.. Alsi)Jt'Ql,lbHng Js thElf tn.~cod.:ofco.nduot ~pearSt()lIlP~ltto matters unr~l ..ted to th&:clty and to l1'i:ere differenoes of PQlltloal opinlon:.Jfapplledln that m.nnet,.theCQd~IS ul1d\lJyharsh8nd·~Uld ~e $n infringement of First Amendment rights.RPV Mea tl'$etItibnofVlgorous dlEJcusloh Qfiasues.Whflesomeaspects aHhat dtSQu$slon may be unpleasant at times,the damEige done to democratlcgoyer.nmenl by muzzling dissent would be far worse.There have already been some aotions by Some current ooundUmemberethat seem designed to punish dissent and rewarclsycophancy.I won't recount those here but will slm.Ply suggest that tne counoll may wi$h to counter the perception that may be emergjng In the community by avoiding the adoption of a oode of conduct that has the look and feel of oreatlng a loyalty oath. Thomas D.Long Attorney at Law NOSSAMAN LLP 777 South Figueroa Street,34th Floor Los Angeles,CA 90017 tlong@nossaman.com T 213.612.7800 F 213.612.7801 D 213.612.7871 M 213.718.4484 Please note our new address. 3/19/2012 97 --------------------~;::\ From:Ken Delong [ken.delong@verizon.net] Sent:Monday,March 19,2012 10:54 AM To:cc@rpv.com Cc:Don Reeves;Ron Stankey;Barry Hildebrand;Ray Mathys SUbject:Council Direction Ail, I believe the message below is a matter (Staffs decision to solicit community opinions or initiate projects that take staff resources)that needs further dialogue and perhaps might be added to the "Rules & Procedures·discussion.The issue is the roles!authority of staff with!without Council direction.While probably smaller in scale than Annenberg,there are similarities in staff direction and intent. Question,should not the Planning Commission,as directed by the Council,approve this!these type of ventures before the staff goes forward?There are similarities in other departments as well.Contained wIthin the revised "Rules &Procedures·package is reference to RPY's Council!.City Manager form of government and the attempt to draw a hard line between Council and City Manager authority.The present Council!City Manager form of government,as is being currently interpreted,limits the functionality of the Council and has not been working well for RPV taxpayers.We urge a greater public discussion of these concerns and offer our assistance When desired .. Ken Delong From:COnnIe Semos [mallto:bconmast@msn.com] sent:Sunday,March 18,2012 9:09 PM To:ken delong SUbJect:RE: ,HI Ken,Mabe it was In the Peninsula News last Thursday,not the DB.Connie From:ken.delong@verlzon.net To:bconmast@msn.com SUbject:RE: Date:Sun,18 Mar 2012 20:27:09 -0700 Connie,was unaware but will direct to CO for further action ....,~.,...~....__.....__.....~•..._.._...__._...__..__...........__•__...__..._.__...H ....".....__•.._ From:COnnie Semos [mallto:bconmast@msn.com] sent:Sunday,March 18,20124:58 PM To:ken delong Subject: Hi Ken,last week,In the Dally Breeze,there was a public notice from Joel Rojas re a zone amendment allOWing residential apartments in all of RPV's CL Commercial Limited,CN Commercial Neighborhood and CG Commercial General zones. My bet is this in response to the owner of Golden Coves request last year to allow "employees"to live In his vacant retail slots (vacant for 15 years.)He pleaded that employees,including Terranea's,need to live close to work. Is this the "camel's nose"in the tent? Why wasn't this In your newsletter? Connie 3/19/2012 98 __-_..-_---_---_-(L=/,:"I;;.,:'~(~,._ From:Tom Redfield [tmredfield@cox.net] Sent:Saturday,March 17,2012 3:36 PM To:'Paul Tetreault' Cc:cc@rpv.com;clehr@rpv.com SUbject:RE:Rules of Procedure and Council and Commission/Committee Protocol Paul: I also have reviewed the entire revised Protocol and Rules of Procedure..What a terrific improvementl Overall,I am appreciative of the hard work that the two member council committee,the city mgr.and staff have contributed to refining their original rough draft.I hope you agree that their latest reiteration is worthy of a starting point for the public and council to make meaningful suggestions during the upcoming March 20th •City Council Meeting.I plan to encourage all concerned residents to carefully study the latest draft and appear before council at this meeting,prepared to offer any refinements like you have just done.Bottom Line:It appears the crisis has passed and I hope all of us can cOntribute not just our support but any final suggestions we might have.Thanks for your strong leadership on this issue •.. thanks for sharing your comments below ...partiCUlarly since you will not be able to attend.Sincerely. TomR. From:Paul Tetreault [mallto:paul.rpv@gmall,com] sent:Friday,March 16,2012 11:59 PM To:cc@rpv.com;clehr@rpv.com Subject:Rules of,Procedure and Council and Commission/Committee Protocol • Hon.Mayor and Members of the City Council: I have reviewed the proposed Protocol for Elected Officials and Appointed Commission and Committee Members.I appreciate the many changes that have been made since the drafting of the proposed Code of Conduct.Most of my concerns have been adequately addressed but I offer a few comments for your consideration.I present these to you in this form because the Council's hearings on this matter are set during the time that I and several members of the Planning Commission will be in Fresno attending the annual Planners Institute conducted by the League of California Cities. Sec.1II.A.17.(p.3-50 of Staff Report)directs members of RPV Commissions and Committees to never identify themselves as members of such organizations when testifying at hearings before other administrative bodies of RPV or before administrative bodies of other governmental agencies without first getting permission from their Commission or Committee,or the City Council.This goes beyond the clear intent of Sec.1II.A.16.which prohibits Members from making statements or other communications that purport to represent the City without prior authorization.Sec.III.A.16.is a fair and prudent mandate.However,Sec.III.A.17.forbids Members from disclosing their official position with the City when the Member testifies in our City or before a governmental agencies of another city.In so doing, the pUblic is deprived of Information about the speaker which could reveal bias,influence or relevant expertise.Similarly,the governmental agency before whom the Member is testifying is deprived of vital information about the Member's potential bias and expertise if they do not know the Member's elected or appointed capacity. For example:The chairperson on the Traffic Safety Commission testifies at a Planning Commission hearing and expresses concerns about traffic and circulation relating to a proposed development,and he does not disclose that he is the Traffic Safety Commission chair.Many of the Planning Commissioners would likely recognize the speaker and know his official capacity.However,most members of the public would not know this fact.Those on the Planning Commission who know the speaker may be influenced by his expertise,yet this factor would be undisclosed to the public.If the decision of the Planning Commission follows the urging of the Traffic Safety Commission chair it could appear to the public later on that something untoward had taken place because this significant fact had 3/19/2012 99 been hidden from the public. Another example:Assume that the Director of Parks and Recreation for the County of los Angeles lives in Palos Verdes and spoke before the RPV City Council in opposition to a proposed skate park in RPV.Further assume that the County of Los Angeles was also considering the creation of such a park that would charge the public to use the facility which would be built within a short distance from RPV's proposed free park.Finally,the speaker does not disclose who he or she Is.Because of the speaker's expertise in the area of parks in general and skate parks in particular,he or she makes a great presentation and is very convincing.But the withholding of that Information also hides a tremendous bias that person has against the free park which would compete with the County's fee-based park.Under this example I believe that members of our City Council would feel that the speaker purposely hid his or her bias and had an undisclosed conflict of interest,something that all elected and appointed government officials are to avoid. The Preamble to the Council's proposed revised Rules of Procedure speaks of transparency in government.This element of the proposed Protocol mandates opacity,not transparency.Rather,the Protocol should require that all Members of the Council,Commissions and Committees always identify who they are and their official city position followed by this statement:"1 am speaking,however,as a private citizen and not as a representative of the City of Rancho Palos Verdes." Unless,of course,that person Is on official business authorized by the City Council to speak for the City. Full disclosure of all relevant information is the fail-safe for good government.Althol,Jgh perhaps not the intent of the Council,Sec.III.A.17.hides information from the public.Doing so must be carefully considered,for compelling reasons and extremely limited in scope.I do not see the need for Sec.III.A.17.To the contrary,full disclosure of all facts that could reveal bias or influence should be mandated. Respectfully submitted, Paul Tetreault Chair,Rancho Palos.Verdes Planning Commission 3/19/2012 100 Cij;-:;(~:--------------:::;~-.;........---------___l<;l4:...~:.-.----------- From:Mark R Wells [mtwells@pacbell.net] Sent:Saturday,March 17,20129:35 PM To:RPV City Council;Carol W.Lynch Subject:RE:Wednesday's meeting? Thank you for your reply. I did talk to an attorney who confirmed to me.that there was no violation of The Brown Act in posting the link to the Report on the Agenda for the Tuesday meeting,after 6:00 P.M.,on Friday March 16,2012.I was informed that 'weekends count'. Regards, Mark Wells. ~~~On Sat,3/17/12,Carol W.Lynch <CLynch@J'wglaw.com>wrote: From:Carol W.Lynch <CLynch@rwglaw.com> Subject:RE:Wednesday's meeting? 'to:"'Mark R Wells'"<mtwells@pacbell.net>,"RPV City Council"<CC@rpv.com> Date:Saturday,March 17,2012,8:25 PM Dear Mr.Wells: I write to address a point that you have made about the reqUirements of the Brown Act ("the Acr),with respect to when an agenda must be posted for a Council meeting.The requirements of the Act are that the agenda for a regular Council meeting must be posted 72 hours prior to the meeting (Government Code Section 54954.2).Thus,for a meeting that is scheduled to commence at 6:00 p.m.on a Tuesday evening,it would be legally permissible to post the agenda anytime prior to 6:00 p.m.on the preceding Saturday.This is not what typically occurs,since City Hall Is closed on Saturdays. The primary purpose of the meeting on Wednesday evening is to discuss several items in closed session,which are listed on that agenda.Because of the concern that the Council might not have time to address the proposed revisions to the Council's rules and to discuss the proposed Council Protocol on Tuesday evening within the 4-hour meeting time limit.so that the Council might continue that item to the next evening,this item also was listed on the agenda for the Council meeting on Wednesday.By so doing,the public received notice in advance of that possibility.Under the Act,the Council actually can continue an item that is listed on a posted agenda for a Council meeting to another Council meeting occurring within 5 calendar days of the first meeting without having to list the item on the agenda of the second meeting.(Govemment Code Section 54954.2(b)(3).)So,if this item is discussed on Wednesday evening,the City prOVided more notice to the public than is required by the Act. I hope that this email addresses your concern regarding the City's compliance with the 3119/2012 I ....1-".". 101 Act with respect to th~agendas tha'C"'""~re posted on Friday for the meetings W::.'Tuesda y and Wednesday evenings."«,,'~" Regards, Carol lynch From:Mark R Wells [mallto:mtwells@pacbell.net] Sent:Friday,March 16,2012 9:52 PM To:RPV City Council SUbJect:Wednesday's meeting? Hello to all. First off,it appears that the public publication of the agenda for the Tuesday March 20 meeting WAS CHANGED AFTER THE LEGAL TIME LIMIT FOR PUBLICATION!!! When I first looked at our city's Web site and downloaded the Tuesday March 20 meeting agenda,the March 16 Report WAS NOT LISTED and I looked at that agenda AFTER 5:30 P.M.on Friday March 16,2012. When I brought up the agenda again,at about 9:30 P.M.,the Report NOT LISTED on Tuesday's agenda,earlier,now appears.. This may be a violation of The Brown Act and I think I can get documentation to prove that I was called via a cellular devise and it was confirmed to me that the report had not been made public prior to the legal time limit.' Now,back to what I was originally writing about. 3/19/2012 102 I am concerned about having a C.C.c~r:eting on Wednesday March 21 where~··''''1ere is only one 'Regular New Business'iten"fbn the agenda.·...'. I have read both the most recent DRAFT document and the 'current Rules of Procedure' and apart from the one new section concerning the new methods whereby a City Council member can have an issue added to a future agenda,there does not appear to be much difference between the two documents. Additionally,the DRAFT Protocol that would be discussed seem to be what has been expected from all who serve our city as a volunteer or an employee,without having it mentioned in city-wide documentation. I can certainly find many differences between the DRAFT Rules of Procedure that was suggested for a March 14 discussion and the NEW DRAFT dated March 16,2012. I can also understand that since the March 16 document was not publicily published prior to 5:00 P.M.on Friday March 16,it could not be dealt with at the Regular Meeting on March 15,even though there is an agenda item listed for it,at that meeting . .Also there is a very troubling aspect to why a Wednesday March 21 meeting is necessary,apart from the obvious timing ofthe NEW DRAFT. ·The Council took action on February 12,2012 dealing with the emergency repairs of the Abalone Cove Sewer Pumping Station,as you all know. The suggestion that it cannot be included in the "New Business"agenda item for the Tuesday March 20 meeting seems to create the impression in me that this item was created or added to the Wednesday March 21 agenda just to bring more justification to having that Wednesday meeting. Now I come to find out that the agenda for the March 20 meeting appears to include the March 16 Report when it did not have it listed earlier,after 5:30 P.M.brings more issues into the fray. I strongly urge Mayor Misetich,the City Manager,the City Attorney and the rest of the Council members to cancel the March 21 meeting and investigate why the public 3/19/2012 3 0 f1- 103 ~~b~i~~~~1~:~:;~~~t~~~~~q:~~l~~:~~~~;~:~t~o~g:=:~~~R Violation. Regards. Mark Wells NOTICE:This communication may contain privileged or other confidential information. IfyOll are not the intended recipient ofthis communication,or an employee or agent responsible for delivering this communication to the intended recipient,please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents.Thank you. 3/19/2012 104 Attachment City Council Rules of Procedure with proposed Subcommittee changes (stri ke-out/u nderl i ne) 105 RANCHO PALOS VERDES CITY COUNCIL RULES OF PROCEDURE LAST AMENDED:December 20,2011March .2012 R6876-0001\-J..4.34.HS~v1.doc R6876-0001 \1434779v1.doc 106 Subject 1. 2. Authority General Rules Table of Contents Page 3 3 R6876-000 1\+434-7+8.lA3.46.81v 1.doc R6876-0001 \1434779v1.doc 107 TABLE OF CONTENTS ~ 1.AUTHORITy 4 2.GENERAL RULES 4 2.1 Quorum ~ 2.2 Vacancy by Unexcused Absence ~ 2.3 Minutes of Proceedings ~ 2.4 Right of Floor.~ 2.5 Rules of Order ~ 2.6 City Manager ~ 2.7 City Attorney 4§ 2.8 City Clerk 4§ 2.9 Deputy City Manager/Department Heads/Employees 4§ 3.Types of Meetings 4 3.TYPES OF MEETINGS 5 ~3.1 Public Meetings 4§ 3.2 Regular Meetings 4§ 3.3 Adjourned Meetings §.§ 3.4 Special Meetings §.§ 3.5 Closed Session Meetings §.§ 3.6 Work Session Meetings §.§ 3.7 Media Attendance §.§ 3.8 Recess eZ 3.9 RedevelopmentSuccessor Agency and Improvement Authority Business eZ 4.Duties of the Mayor 6 3.10 Civic and Other Events 7 4.DUTIES OF THE MAyOR 7 4.J 4.1 Election of the Mayor eZ 4.24.2 Mayor Pro Tem eZ 4.3 4.3 Presiding Officer eZ 4,4 4.4 Call toTo Order e§, 4.5 4.5 Preservation of Order e§, 4.64.6 Point of Order +§, 5.Order and Preparation of Agenda 7 5.ORDER AND PREPARATION OF AGENDA 8 ~5.1 Order of Business +§, -5-+5.2 Agenda Preparation 7Distribution 9 ~5.3 Agenda Posting +2 s-A-5.4 Minutes +2 -i- R6876-00QJ \I 434687v I doc R6876-0001 \1434779v1.doc 108 TABLE OF CONTENTS (coot.) ~ ~5.5 Public Comments -(see Citizens'Rights in Section 6)&~ §.:.6..5.6 Public Hearings &~ ~5.7 Consent Calendar &10 ~5.8 City Council Oral Reports &10 ~5.9 Actions Limited to Posted Agenda &10 SubjectPage 6.Citizens'Rights 8 6.CITIZENS'RIGHTS 10 6-:+-6.1 Addressing the Council &10 6-:.&-6.2 Personal and Slanderous Remarks 911 6+6.3 Enforcement of Decorum +G12 6A-6.4 Reading of Protests +G12 (B-6.5 Written Communications +G12 7.Ordinances,Resolutions and Contracts 10 7.ORDINANCES,RESOLUTIONS AND CONTRACTS 12 ++7.1 Document Preparation +G12 +;J-7.2 Document Approval ,.,,+-1-13 ::;..;J-7.3 Ordinance Introduction/Adoption +-1-13 -7.4-7.4 Majority Vote Required +-1-13 ~7.5 Ordinance Preservation +-1-13 8.Procedures Regarding Public Hearings 11 8.PROCEDURES REGARDING PUBLIC HEARINGS 13 8-:+-8.1 Introduction +-1-13 84-8.2 Staff and Written Material Presentation +-1-13 ~8.3 Public Testimony +2.14 8.,4-8.4 Council Deliberations +;15 ~8.5 Council Action +;15 9.Boards,Commissions and Committees 13 9.BOARDS,COMMISSIONS,COMMITTEES AND SUBCOMMITTEES 15 9-+9.1 Mayor/City Council Committee +;15 9-,.2-9.2 Citizen Boards,Commissions,and Committees -1:416 9.3 City Council Subcommittees 16 R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 109 TABLE OF CONTENTS (cont.) 10.SUSPENSION AND AMENDMENT OF THESE RULES 17 -14:-10.1 Suspension and Amendment of These Rules 14 17 10.1 Suspension 14 10.2 10.2 Amendment.-1:4 11.Miscellaneous Rules 14 17 11.MISCELLANEOUS RULES 17 11 .1 Motion to be Stated -1:417 11.2 Roll Call Votes -1:417 11.3 Silence -l-S-17 11.4 Continuance of an Item -l-S-17 11.5 Personal Privilege -l-S-18 11 .6 Motion to Reconsider -l-S-18 12.Rules of Debate 16 12.RULES OF DEBATE.18 H-:+-12.1 Mayor as Presiding Officer +618 .J..2..:2...12.2 Appeals +618 ~12.3 Precedence of Motions +619 R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 110 PREAMBLE As discussed below.Government Code Section 36813 authorizes the City Council to adopt rules of procedure for the conduct of public meetings.The Rancho Palos Verdes City Council desires to amend the existing rules of procedure that apply in the formal setting of its City Council meetings.To this end,the City Council has adopted (and will,from time to time.revise) these Rules in accordance with the City's established from of Government. which is the City Council/City Manager form of Government.whereby the City Council establishes City policies and provides direction.and the City Manager is charged with carrving out the City Council's policies and direction.The purpose of these Rules is to ensure that the integrity of the government of the City of Rancho Palos Verdes is preserved.and remains accountable.transparent.efficient.proficient and responsive to the needs. desires and expectations of its constituents. R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 111 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 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. GENERAL RULES2. 2.1 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 2.2 Vacancy by Unexcused Absence If a City Councilmember 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. These minutes shall be available to the public following 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 In all matters and things not otherwise provided for herein,the proceedings of the Council shall be governed by "RobertRosenberg's Rules of Order."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. 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 R6876-000111434687vl dQl; R6876-0001\1434779v1.doc 112 Manager may make recommendations and shall have the right to take part in all discussions of the Council,but shall have no vote. 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 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 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 seven p.m.in the Council Chambers except as follows: 1.1.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,which is not a holiday. 2.2.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,which is not a holiday. Only closed sessions and work 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. R6876-0001\1434687yl doc R6876-0001 \1434779v1.doc 113 No work 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 work session held between such hours unless the agenda so provides. 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 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 succeeding day,which 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. 3.3 Adjourned Meetings 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 Special meetings may be called by the Mayor or by a majority of the Councilmembers. 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 Closed 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.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 3.6 Work Session Meetings The Council may meet in work sessions called by the Mayor or the majority of the Councilmembers.Work sessions are open to the public and are meetings for the purposes of the Brown Act. 3.7 Media Attendance Except for closed sessions,all meetings of the City Council and City Boards/ Commissions shall be open to the media,and may be recorded by tape,radio, -7-= R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 114 television,or photography,provided such recordings do not interfere with the orderly conduct of the meetings. 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 Business 3.9 RedevelopmentSuccessor Agency and Improvement Authority 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 of the City. 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 by a quorum of the Citv Council,the Council Members shall notify the City Manager so that the event can be noticed as a City Council meeting,in accordance with the provisions of the Brown Act.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 individual who is elected by the City Council to be 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. 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote.The individual who is elected by the City Council as Mayor Pro Tem serves as Mayor Pro Tem at the pleasure of the City Council. 4.3 Presiding Officer The Mayor,if present,shall preside.In the Mayor's absence,the Mayor Pro Tem shall preside.In the absence of both,the Councilmembers present shall elect a Presiding Officer. R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 115 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 Councilmembers 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 on Councilmembers,staff and/or citizens,shall confine debate to the item under discussion,and shall discourage debate between Councilmembers 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 With the advice of the Mayor.or if the Mayor is not available the Mayor Pro Tem,the City Manager prepares the agenda.including the order and priority of agenda items, and the estimates of the time that should be required for the City Council to review, consider and take action regarding each agenda item.All other members of the City Council shall be made aware of tentative agendas for upcoming meetings on a weekly basis.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.The City Staff shall strive to provide staff reports to the City 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 City Council to make an informed decision. An individual Councilmember may request that an item of concern be placed on a future agenda.Such requests may be made to the Mayor or to the City Manager.If the Mayor and City Manager decline to place the requested item on an upcoming Council agenda.the Councilmember may make the request directly to the City Council at a City Council meeting under the business item entitled "Future Agenda Items"and shall,as a courtesy,notify the Mayor in advance.A majority of the Members of the City Council must vote to place the item on a future agenda,and if that action is taken,the City Council also may specify the meeting agenda upon which the item shall be placed.All agenda items shall be accompanied by a staff report.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. R6876-0001\1434687yl doc R6876-0001 \1434779v1.doc 116 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 7.7.City Manager Reports 8.8.Consent Calendar 9.9.Public Hearings 10.10.Regular Business 11.Future Agenda Items 12.11.City Council Oral Reports 13.12.Closed Session Report 14.13.Adjournment 5.2 Agenda PreparationDistribution The Agenda shall be prepared in accordance ',lAth the preparation procedure,as directed by the City Manager.In consultation with the Mayor and/or Mayor Pro Tern,each agenda item shall include an estimate ef..:t.he.-time4:ha1=-shf1uJ.d-:be--f-eEl,uired-fur-t:he-Gi-ty-C--euR€tl-~ef}flfrideF and take action regarding that agenda item. The Agenda shall be delivered to the Mayor and Councilmembers as soon as practicable after 5:0030 p.m.on the Wednesday Thursday 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 City Councilmembers.If the agenda is distributed to City 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 Act. 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. 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. R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 117 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-aaa*routine.Also,the and of a periodic or recurring nature.The Consent Calendar frequently eontainsalso 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.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 omit functions that are purely of a social or personal nature. 5.9 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. 6.1 CITIZENS'RIGHTS e-6.:-+I-------,Addressing the Council 1.Any person may address the Council on the following portions of the agenda: (a)Public Comments as provided in Section 5.5. (b)Public Hearings as provided in Section 8. R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 118 (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 give their 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 Councilmembers 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. a,6.d:2----Personal and Slanderous Remarks 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 R6876-000 I\1 434687y I.doc R6876-0001 \1434779v1.doc 119 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. t+.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: 1.Disorderly,contemptuous or insolent behavior toward the Council or any member thereof,tending to interrupt the due and orderly course of said meeting. 2.A breach of the peace,boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. 3.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. e-6.~5---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 City Council will be distributed to the City Council as late correspondence. 7. 7.1 -t-.7.---0RDINANCES,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 R6876-0001\1434687vl doc R6876-0001 \1434779v1.doc 120 ordered by a majority vote of the Councilor prepared by the City Attorney on his/her own initiative. +7.:-:t;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---0rdinance 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. +:7.4-4---Majority Vote Required 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.c:75---0rdinance 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. a. 8.1 ~8..----PROCEDURES REGARDING PUBLIC HEARINGS Introduction The Mayor announces the subject of the public hearing and declares the public hearing open. 8.2 1. R6876-0001 \1434687v I.dill; R6876-0001\1434779v1.doc 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. 121 8.3 2. 3. 4. 5. 1. 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. Staff responds to Councilmember questions. 5.Prior to hearing public testimony or comments, Councilmembers 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,Councilmembers shall refrain from stating their final position or how they intend to vote on the issue until all public testimony has been received. Public Testimony The purpose of this section is to provide an opportunity to members of the public who wish to testify in support or opposition to the matter being heard. 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: (a)participants must speak from the podium; (b)tflat.-the normal time limit for each speaker is three minutes; (c)tflat.-repetition should be avoided;and, (d)tflat.-speakers will be discouraged from reading a submission that has been copied and is contained in the agenda materials. 3.3.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 individuallYt.Speakers may not allocate assign their time to another speaker.absent approval by the Mayor. 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). -15-= R6876-0001\l434687yl doc R6876-0001\1434779v1.doc 122 5.At the Mayor's discretion,staff and/or Council will answer questions by speakers after the completion of the speaker's testimony. 6.6.Council will generally reserve questioning of individual speakers until after the completion of the speaker's testimony. 8.4 8.5 1. 2. 1. Council Deliberations After the Mayor has determined that there is no more public testimony,the Council will then deliberate on the matter. The Council may ask additional questions of speakers and/or staff for clarification. 3.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.Councilmembers should strive to avoid repetition.Councilmembers may be permitted to ask questions of each other or debate relevant issues as part of their deliberations. 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). (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: (a)Close the public hearing and vote on the item; (b)Offer amendments or substitute motions allowing additional public comment;or (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.) R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 123 9.¥...9.,......----BOARDS,COMMISSIONS-AND!COMMITTEES AND SUBCOMMITTEES >+9:-+.1----Mayor/City Council Committee At the first or second meeting in January of each year,the Mayor shall appoint Councilmembers to serve on various committees,which require a Council representative. 9.2 Citizen Boards,Commissions,and Committees 1.Creation The City Council may create boards,commissions,or committees to act as advisory boards to the Council. 2.Appointments The City Council shall make appointments to citizenCity boards, commissions and committees.All committee and commission applicants will be interviewed by the City Council at a public meeting.All appointees serve at the pleasure of the City Council. 3.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 and City Manager,not as a policy-making body.City Boards.Commissions and Committees have no authority to commit City resources such as personnel.time.materials.or money without approval of the City Council.They provide the residents' perspective and assimilate information from Staff.consultants and the public.Also.just as they are not authorized to make policy decisions for the City Council and City Manager.members of City Boards. Commissions and Committees are not expected to take the place of City Staff or do work that is more pro'perly handled by City Staff. 4.~Dissolution Except as provided by the City's Municipal Code,the City Council may dissolve an existing board,commission,or committee if the Council finds that the purpose of the advisory board 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.City R6876-0001\1434687yl doc R6876-0001 \1434779v1.doc 124 Council Subcommittees shall work collaboratively with Staff in an expeditious and deliberate manner subject to instructions from the full City Council on the extent and duration of the Subcommittee's actions.Financial considerations must be taken into account regarding allocation of Staff time. City Council Subcommittees shall be composed of two City Councilmembers to coordinate activities germane to the assigned task or topic.A Staff liaison may be appointed by the City Manager to receive input provide feedback and offer expertise, where needed ..Subcommittee Reports will be conveyed to the full City Council as deemed appropriate by the City Councilor the Subcommittee.The City Council should respect the Subcommittee framework and offer input to the process through its two members, ~10th-.---SUSPENSION AND AMENDMENT OF THESE RULES -HlO+:-.1I---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 majority vote of the Councilmembers who are present +1O\-f:,z2-----,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 introduced into the record at a prior Council meeting, ±:11r.-.---,MISCELLANEOUS RULES +11-1-:-,+-1--!Motion to be Stated The City Clerk shall state all motions submitted for a vote and announce the result 11,2 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,made before the "Nays"are called for,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. 11.3 11.3 Silence During a collective vote (Ayes and Nays),silence of any members denotes an affirmative vote. R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 125 11.4 11.4 Continuance of an Item 1.Continuance by a Councilmember Any Council member may make a motion to continue an item (not subject to a deadline)to the next agreed upon meeting.This continuance may only be denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a Councilmember 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 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 11.6 Motion to Reconsider A motion to reconsider any action taken by the Council may be made in accordance with the following: 1.The motion must be made by a member of the prevailing side, although it may be seconded by any Councilmember. 2.The motion must be made prior to the adjournment of the meeting at which the original action was taken. 3.The motion is debatable and has precedence over a pending motion. -19-= R6876-0001\1434687vl doc R6876-0001 \1434779v1.doc 126 12.12.RULES OF DEBATE 12.1 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 Coun?ilmember. +.,12~.2&------;Appeals 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. +.,12~.3~-Precedence of Motions When a motion is before the Council,no motion shall be entertained except: 1.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 anyone 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. 3.Motion to Table A motion to table is undebatable and 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. R6876-0001\1434687vl doc R6876-0001 \1434779v1.doc *** 127 Document comparison by Workshare Professional on Friday,March 16,20123:46:47 PM Document 1 ID Description Document 2 ID Description Rendering set interwovenSite:IIRWGDMS2/RWGIMAN1/1434778/1 #1434778v1 <RWGIMAN1 > -RPV Rules of Procedure as of December 2011 ("old"version) interwovenSite:IIRWGDMS2/RWGIMAN1/1434687/1 #1434687v1<RWGIMAN1>-City Council Rules of Procedure and Code of Conduct (PROPOSED) standard Insertion Deletion Moved from Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Count Insertions Deletions Moved from Moved to Style change Format changed Total changes 191 202 1 1 o o 395 R6876-0001\1434779v1.doc 128 Attachment Comments on the Rules submitted to the Commission on April 24th by Mayor Pro Tem Campbell 129 Language suggestions regarding improving Para 5 from Brian Campbell. I ourrently selVe 88 the Rancho Palos Verdes Mayor Pro Tem,but these are my own personal comments and tMy 8($not m$snt to be Interpreted 8S the view of the entire city council. Additionaliy.my language beiow is not intended to be complete in regards to this paragraph but rather should be lnterpretfid more as a synopsis of key 8rfJBS of conC6m. Respectfully submitted for your consideration; 5.ORDER AND PREPARATION OF AGENDA The Mayor acts as the representative of the entire city council in regards to the preparation and final ~pproval of the Agenda.The Mayor has the same rights as any other councllperson.and no more,to request putting or removing an item from an agenda. With the approval of the Mayor,or if the Mayor is not available the Mayor Pro Tern,the City Manager prepares the agenda draft including the order and priority of agenda items,and the estimates of the time that should be required for the City Council to review,consider and take action regarding each agenda item. All other members of the City CounCil shall be made aware of tentative agendas for upcoming meetings as soon as the tentative agenda is made available to the Mayor.The City Staff shall proVide staff reports to the City Council with sound,unbiased and professional .~ recommendations on potential alternatives or courses of action regardless of Staff's own biases forthe outcome,along with pertinent and unbiased facts from various and balanced points of view and analysis to enable the City Council to make an informed decision. Any two Councilmembers may request that an item of concern be placed on a future agenda. Any two Councilmembers may request the entire city council to discuss removing a Staff proffered item from a proposed future agenda.The council may do so with a majority vote. At all times,the city council may at the time of the "Approval of the Agenda"at a city council meeting,choose by a majority vote to remove or reorder in priority an item from that meeting's agenda. The City Manager is not allowed to develop any policy with the intent to place it on an upcoming agenda without the prior written approval of the city council. The City Manager and Staff are not permitted to lobby either for or against any polley or item that is on or proposed to be on a city council agenda. Per California State Law,1I1e City Manager and Staff are SUbject to the Brown Act and must adhere to its provisions just as members of the public and as the City Council is required. 130 Attachment Excerpted Draft Minutes of April 24,2012 PC meeting 131 CONTINUED BUSINESS 1.Discussion of the proposed City Council Rules of Procedure and Commission and Committee Protocol Director Rojas noted that the proposed Rules of Procedure included with the staff report are the same Rules of Procedure that were distributed to the Commission at the last meeting on April 10th .He also noted that there will be an item on the City Council's May 1st agenda to consider the Planning Commission's request for a joint meeting. anning r the Planning I.He noted the ning the understanding that tion but was not ISCUSS the subject with the y the subcommittee committee and once again ir~~aker of the motion,that the motion was the mino at he was troubled with the fact that two he City Counci d repo he entire City Council the opinions and pressed by the PI g Commission.He thought it would be better if the ouncil heard direc m the Planning Commission rather from their resentatives.ded that it was important the Council understand ommission,'out this question.He stated the motion was not ubco~·ee should come to the meeting by themselves,but that .d:tl g a joint meeting with the entire City Council. Commissioner Lewis stated he voted in fa the Commission wanted the full City Cou meant to exclude the subcommitte Commission.With that being sai members would want to hear with the entire City Council. Commissione made to p membe cone entir designa how serio about whethe the items be di Chairman Tetreault discussed the adopted motion from Commission meeting in regards to inviting the entire Commission discussion of the proposed Rules of Pro, proposal from the City Council was that their subcom Commission meeting.He asked the Commission to c . passed meant the Planning Commission did not want t~( the subcommittee and only discuss the item in a joint niee I was the Commission making an invitation to the'ouncil a accept the invitation the Planning Commissio hear fromi1clile Vice Chairman Emen iser thought the motion was a gracious invitation and would be a bit presumptuous for the Planning Commission to dictate to the City Council.He felt it would be great to have as many members of the City Council as possible to participate in the discussion,and felt the idea of a joint meeting was a wonderful idea. Chairman Tetreault stated his understanding of the motion was similar to the Vice Chairman's in that it was not intended to exclude the subcommittee.He also noted that it was the Planning Commission's right to set their own agenda,and if the Planning Commission chooses not to agendize the subcommittee that is their prerogative. Planning Commission Minutes April 24,2012 Page 3 132 Commissioner Leon also voted for the motion with the idea that it would be a gracious invitation to the City Council.He also understood that protocols and procedures are important and it is important to make sure they don't violate the First Amendment.He felt the Commission could probably communicate their recommendations to the City Council in writing.He stated the City Council has very important things to do and he felt there are certain issues where it could be very productive and significant to have a joint meeting with the City Council.However,he would hate to see the Commission waste a joint meeting with the Council on this particular issue. Lewis in that an uncil could d protocols that is correct, iewed he did not think Mr. e identifies himself as Mayor Pro ring. Commissioner Lewis referred to the letter distributed Campbell suggesting language and ideas for Section identifies himself as the Mayor Pro Tem.He question authorize Mr.Campbell to come before the Commissio Commissioner Tomblin agreed with Commissioners Nelson a invitation was made to the entire City Council,and that io decline that invitation. Director Rojas answered that he did not reca City Council meeting,however the City Att member can attend tonight's meeting and, Commission on this topic. Commissioner Lewis agreed that however he pointed out that u Campbell would be allowed to Tem. Sha be revamped and changes are needed.She felt that eated the most controversy and communications to the sta ed the Commission to focus on paragraph 5 in respect to ..genda so that the City Council can chart the course of the City.Sh ings on the agenda so that the public has time to weigh in and commen e recommended that if an individual Council member has a suggestion for aa item,that item can be considered by the Mayor for inclusion on the agenda.If th ayor chooses not to include it on the agenda,the proposed item can go before the entire Council for consideration.She felt the current rules prohibit a minority view from ever being raised by the City Council and for the public to have the opportunity to have input on the subject. Joe Locasio felt the proposed rules and procedures and the protocol deserve very serious consideration.He did not think that,as currently proposed,they are in the City's best interest and greatly appreciated the time the Commission gave in reviewing the Planning Commission Minutes April 24,2012 Page 4 133 proposed changes.He also felt that the City Council should hear the Commission discussion in a joint meeting. Chairman Tetreault noted Mr.Locasio is the Chair of the Traffic Safety Commission. Mr.Locasio acknowledged he is the Chairman,however noted he was speaking as a private citizen. Mayor wants to have ouldn't be agendized, at the City Manager would have the authority at is or is not placed on the agenda. cerned with the major principle that was implied in ith the protection of the minority view and that f suppressing the issues of the minority. Commissioner Gerstner asked if the prop an item added to the agenda,and it then the item will not be put on th nda. Chairman Tetreault closed the public he Mr.Locasio clarified that to suppress public input on residents of the City is a travesty of the system.He direct implementation of procedures or policy to suppr Council should hear before deciding on any issue.In responsibility or to subjugate those sorts of things is n been elected to their positions. Commissioner Leon asked Mr.Locasio if he felt the Rules and Procedures in general were not in the best interest of the City,or if it was one partie r edure that is proposed. Commission t for many years it seemed as though the City was operating unde 0 Council members could place a matter on the agenda. That seemed to p roblem in that one Council member could abuse the agenda power with items tha ould never have the possibility of concurrence of the majority, but preserved the rights of the minority at least having the ability to place the item on the agenda.He would like to see the return of the ability of two Council members having the right to place an item on the agenda.He was concerned that the issue of section 5 may not go back to the City Council again before the next election,as it can only go back to the Council if three Council members vote to hear it again.He also discussed the comments submitted by Mayor Pro Tem Campbell.Specifically,Mr.Campbell commented that the City Manager not be allowed to develop any policy with the intent of placing it on an upcoming agenda without the prior written approval of the City Council. Planning Commission Minutes April 24,2012 Page 5 134 He felt that it was an interesting idea,but very difficult to implement both by City Council and by staff.He had First Amendment concerns in regards to the next item in the letter, that both the City Manager and the staff should not be permitted to lobby either for against any policy that is on or proposed to be on the City Council agenda.Finally,he stated he would like to hear from the City Attorney on the last item proposed by Mr. Campbell,that the City Manager and staff are subject to the Brown Act. Issloners.He a real, n the p of one or more "tems on the agenda.In een opened for e minority in their ability of of the City Council.He did ing a solution to a problem be addressed without opening t it would be interesting to hear examples the agendas had abused by one or two ted official should not be the person in charge of the ,that the City Manager needs to work the mechanisms meetings,writing the agenda,etc.He hasn't seen a em and felt one Council member should be able to add a. Commissioner Tomblin liked the idea of two Council suggest something be placed on the agenda,and enc readdress this issue. Chairman Tetreault stated he had talked to the Mayor Pro Tem about the items on his handout.He clarified that Mr.Campbell's concern was that if a member of the City Council wants to have an item put on the agenda,and discus it with the Mayor and the City Manager,he can then not discuss it with anothe .e Council without violating the Brown Act. Commissi of insta City, Chairman Tetreault agreed with the comments fr understood the purpose of the proposed Ian perceived,or theoretical threat of some typ members of the City Council with respect creating this language,however,he felt t another problem,that of the tyrann h ajo the majority to silence or margina ne or m not think it wise to create pote proble and there has to be ways that ential prob up new avenue duct e. Commi agenda. of governme problem with th something on to a Commissioner Gerstner felt that if one Council member persistently placed frivolous items on the agenda,and they were resolved at Council,the frivolousness of the items would become apparent over time.He felt that a Council member putting frivolous items on an agenda and having that debated publically may do as much harm to the person putting them on and could become a self-correcting problem. Chairman Tetreault agreed,noting that eventually the public may tire of this if the items are truly inappropriate.He also felt there are other things in the rules which will help to Planning Commission Minutes April 24,2012 Page 6 135 mitigate any problems this creates,such as the 11 :00 curfew.He felt that this is a significant change in the rules and is a significant matter. Commissioner Nelson agreed with the comment that any two Council members may request an item of concern be put on a future agenda.However,he also agreed with one member of the Council being able to do that.He was very concerned that the minority was protected through rules and regulations. Chairman Tetreault asked the Commissio the rules of procedure. about distributing the nd staff reports by the end of the first op I y for the public to review the fore the meeting.He did not think one business e for the public to get up to speed on age the City Council to leave Section 5.2 ng that with some very large staff reports it is almost d the report when distributed on Wednesday '~Ittee~d with Commissioners Lewis and Nelson. Commissioner Lewis noted that staff time is a limited commodity.If one Council person is given the unlimited ability to put something on the agenda t a staff report has to be prepared and staff hours have to be spent on that ite If cil person cannot get one colleague to join in that request he felt trative that no concurrence is possible and there will never be a mao He felt that during the section of the agenda marked as items to endas,that Council member should be able to ask to put an item doesn't get a second then it should end.He felt that s the finite time of staff time and still protecting minority views. Commissioner Gerstner agreed. Commissioner Lewis referred to agenda.He noted the propos the day Thursday,which woul material would .mor day before su important ould as it is ange. Com impossibl evening. Commissioner Nelsd to Section 5.9,noting the Government Code cited in the text.He did not think anyone in the room knew that Government Code and questioned if it would be clearer to add an example to the description for clarity. Commissioner Lewis referred to Section 8.3.3 regarding time limits and donating speaking time,and his support for the proposed change to the language.He noted that he has said in past Commission meetings that he does not think speakers should be allowed to have time from other speakers donated to them to allow them to speak longer on a topic.He felt that the Mayor and the Planning Commission Chairman Planning Commission Minutes April 24,2012 Page 7 136 always have the discretion to give more time to a speaker when needed.He stated he has never been present at a Planning Commission meeting or City Council meeting where the Chairman or Mayor denied an organized group the time they need to get their point across. Commissioner Nelson referred to Section 6.3,enforcement of decorum.He noted that this section gives the Mayor the power to control the City Council meeting,but questioned if there should not be language added to control the Mayor if necessary. r Rosenberg's Rules, cil.Before the ue. .slightly.He noted there a Commission e full support of the City they are either speaking on o speak on behalf of that .ular protocol not only included speaking peaking with any member of an organized stanc ere members of a Commission or s of other cities that is not part of an organized he did not think that to attempt to require some sort sion member spoke to a member of another City was Commissioner Leon referred to the Protocols and th and Committee members representing themselves to that particular protocol should be rewritten to not prohi commissions,committees and staff members from iden I ym of the commission or staff.He felt that particula raph sh give a disclaimer that they are not representi of the' Commissioner Lewis recalled language in either Roberts Rul that any order of the Mayor can be overturned by a maj . next meeting he would research that,as he felt it was Commissioner Lewis felt that point has m have been instances in the past where a member has been directed to go t th it Council majority.Therefore,the ii n shoul their own behalf,or have bee rized by t body. Commission. before an body. Co pres of disc practical 0 In reference to r Nelson's comment regarding the possibility of added language to enfor um in terms of the Mayor,Commissioner Lewis referred to Section 12.2 of the posed rules states that any ruling of the Mayor can be appealed at the request of a Council member and the Mayor must call for a roll call vote to determine if the ruling is upheld on appeal.He thought that rule is in the current rules as well. Commissioner Leon suggested adding a protocol stating that members of a Commission or Committee are integral members of the operation of the city government and should,as a matter of protocol,work with the Council and staff towards that end. Planning Commission Minutes April 24,2012 Page 8 137 This would set up a goal that everyone works together as a team to get positive action done. Commissioner Lewis suggested that would be fertile ground for abusing the First Amendment rights of Commission and Committee members. The Commission discussed possible meeting dates with the Director,based on the availability of upcoming agendas,agreeing that May 8th was the first available date. he City Council for a d to invite the full ive action and ike to meet with the e Commission enough ch that the Commission can ion,in the event that the City Council declines neil to meet with the Planning Commission, dize the meeting with the ad-hoc the City Council would like the Commission to tee meet with the Commission,the Commission has a modate whatever request the City Council might make. he City Council that the Commission did not want to meet mittee. Chairman Tetre the Commis . whether 0 subco Attor keep Commissioner Gerstner requested that if Commission and May 8th does not fo e time to adjust their agenda and n to the accommodate whatever sche Council Commissi agendize ha certain respons He was not incline with the ad-hoc subc Commissioner Lewis disagreed on the appropriatenes own agenda and telling the City Council to either sho He would be in favor of voting on a date and letting the I y either as a full Councilor via a subcommittee,h een ful Planning Commission voted unanimously to .interes Council. The Commission then discussed the status of their invitation joint meeting.Chairman Tetreault asked the Commissio if t City Council to the May 8th meeting,or did they want t not agendize the ad-hoc subcommittee to attend the The Commission agreed,without objection,that if the City Council does not accept the Commission's invitation to a joint meeting,that the Commission agendize a meeting with the City Council subcommittee on May 8th . Commissioner lewis moved to have the Director provide written notice to the City Council of the Commission's desire to have a meeting with the full City Council,but if the City Council chooses not to come the Planning Commission Planning Commission Minutes April 24,2012 Page 9 138 would be very happy to meet with the ad-hoc subcommittee on May 8th ,seconded by Vice Chairman Emenhiser.Approved without objection. APPROVAL OF MINUTES 3.Minutes of March 13,2012 Commissioner Gerstner moved to approve the minutes as presented,seconded by Commissioner Tomblin.Approved without objection. 4.Minutes of March 27,2012 Commissioner Gerstner noted a typo in the commun' Commissioner Gerstner moved to approve the min Commissioner Tomblin.Approved without objecti ITEMS TO BE PLACED ON FUTURE AGENDA 5. Director Rojas noted that there is a fifth T possible joint meeting date. The pre-agenda was reviewe The meetirlQ vvas d by s been identified as a Planning Commission Minutes April 24,2012 Page 10 139 Attachment Comments on the Rules submitted by Councilman Knight on March 19,2012 140 ________----:i(~....-;;--.1("...._:_ From:Carolyn Lehr [clehr@rpv.com] Sent:Tuesday.March 20,2012 8:02 AM To:cc@rpv.com Cc:'Carla Morreale' SUbject:FW:Late Correspondence Agenda item 3 Mr.Mayor and Council Members, At Councilman Knight's request,I am forwarding to you his comments and suggested revisions to the draft Rules of Procedure and Protocol.He already covered his questions with staff yesterday afternoon.which was most helpful.Please see his comments below. Thank you, carO'lyVll L~ City Manager ~City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 clehr@rpv.com •(310)544-5202 This e-mail message contains information belonging to the City of Rancho Palos Verdes,which may be priVileged,confidential and/or protected from disclosure.The Information Is Intended only for use of the individual or entity named.Unauthorized dissemination,distribution,or copying is strictly prohibited.If you received this email in error,or are not an intended recipient,please notify the sender immediately. Thank you for your assistance and cooperation. From:Jim Knight [mallto:knlght;jim33@gmall.com] sent:Monday,March 19,2012 11:40 PM To:carolyn Lehr Subject:Agenda item 3 Carolyn» I have a few comments on the new RuIes and Procedures (Agenda item 3)for the meeting on the 20th •Please share them with the Mayor and other council members so they have an opportunity to review them in advance in an effort to assist in moving the meeting along that night rather than me taking the time on the 20th . First»I wish to thank both Councilwoman Brooks and the Mayor for all of the time they have put into researching and putting together this draft set of rules.I think it will help all of us better understand a mutually acceptable set of protocols.My comments are intended as constructive and in the spirit of contributing to making the draft even better. ~P.3-17 Sec.5 -Reverse the paragraphs.The second paragraph describing the process for a Council member generating an agenda item should be first.Then the document can describe how the CM and Mayor will set the agenda items depending upon staff time,urgency,etc.This will help with 3/20/2012 141 public perception that Council mem~e actively part of the genesis of agenCz·hems . ....P.3-25 Sec.9.2 -Maybe instead of "serve at pleasure of Council",we could say"At any time,on a case by case basis,the Council may reconsider any appointment." ....P 3-25 Sec.9.2.3 -No need to repeat "not authorized to make policy decisions"in the 3rd sentence.It has been stated in the first sentence. -"Have not authority to commit staff time,city resources ...and members are "not expected to take the place of City staff or do work that is more appropriately handled by City Staff." I want to make sure that we don't give our committee or commission members the idea that they cannot contribute to the subject matter before them.We are blessed with some very talented,intelligent members and they may have expertise and/or research material that can be helpful in the committee's.analysis of an issue before them. Maybe we can add at the beginning of the second paragraph,"Although the City welcomes input from the members and questions of staff,City Boards,Commissions and Committees should not commit City resources ...." ....P.3-26 Sec.9.3 -On the second to last sentence I recommend adding "recommendations",i.e.,"Subcommittee Report recommendations_will be conveyed to ..."This is for clarification,that these Reports are recommendations,not directives of the subcommittee . ....P.3-49 Sec.III,A,2,8,etc. -Uniformly apply parenthesis (or not)when referring to Commission or Committees . ....P.3-50 Sec.I6 -Sometimes Council,Committee or Commissioner members need to immediately respond to blasts in a newspaper, blog or e-mail attacking the member under their title.How is a member to respond without having to use their title, which "represents their city"?Need some clarification here. -Sec.I7 - I am not sure why a member of one committee cannot testifY at another RPV committee or commission and let that body know what position they hold.Our constituents have a right to know who is testifYing,even if the committee or commission receiving the testimony may already know. It agree that is a different matter when testifYing in another city where,unauthorized,it could be misinterpreted as a representation of an official position ofRPV at that other city's meeting. Thank you and I look forward to a productive meeting on Tuesday. Jim Knight RPV City Council member Jim Knight RPV City Council 30940 Hawthorne Blvd. RPV,CA 90275 310/544-5207 3/20/2012 142 Attachment Suggested Revisions to the Rules submitted by Councilman Duhovic 143 RANCHO PALOS VERDES CITY COUNCIL LAST AMENDED:March 20,2012 -1- 144 Table of Contents Subject Page 1.Authority 4 2.General Rules 4 2.1 Quorum 4 2.2 Vacancy by Unexcused Absence 4 2.3 Minutes of Proceedings 4 2.4 Right of Floor 4 2.5 Rules of Order 4 2.6 City Manager 4 2.7 City Attorney 5 2.8 City Clerk 5 2.9 Deputy City Manager/Department HeadslEmployees 5 3.Types of Meetings 5 3.1 Public Meetings 5 3.2 Regular Meetings 5 3.3 Adjourned Meetings 6 3.4 Special Meetings 6 3.5 Closed Session Meetings 6 3.6 Wefk:~Session Meetings 6 3.7 Media Attendance 61 3.8 Recess 7 3.9 Redevelopment Agency and Improvement Authority Business 7 3.10 Civic and Other E~nts 7 4.Duties of the Mayor 7 4.1 Election ofthe Mayor/Absence of the M~r 7 4.2 Mayor Pro Tern -+~ 4.3 Presiding Officer -+~ 4.4 Call to Order -+~ 4.5 Preservation of Order -+~ 4.6 Point of Order -+~ 5.Order and Preparation of Agenda 8 5.1 Order of Business &2 5.2 Agenda Distribution &2 5.3 Agenda Posting 910 5.4 Minutes 910 5.5 Public Comments (see Citizens'Rights in Section 6)9Hl 5.6 Public Hearings 910 5.7 Consent Calendar 910 5.8 City Council Oral Reports 910. 5.9 Actions Limited to Posted Agenda -WE -2- 145 Subject 6.Citizens'Rights 6.1 Addressing the Council 6.2 Personal and Slanderous Remarks Conduct of JYI~l1!b~rs Qf the public 6.3 Enforcement of Decorum 6.4 Reading of Protests 6.5 Written Communications 7.Ordinances,Resolutions and Contracts 7.1 Document Preparation 7.2 Document Approval 7.3 Ordinance Introduction!Adoption 7.4 Majority Vote Required 7.5 Ordinance Preservation 8.Procedures Regarding Public Hearings 8.1 Introduction 8.2 Staff and Written Material Presentation 8.3 Public Testimony 8.4 Council Deliberations 8.5 Council Action 9.Boards,Commissions~aB:d Committees and Subcmntuittees 9.1 Mayor/City Council Committee 9.2 Citizen Boards,Commissions,and Committees 9.3 Citv Council Subcommittees 10.Suspension and Amendment of These Rules 10.1 Suspension 10.2 Amendment 11.Miscellaneous Rules 11.1 Motion to be Stated 11.2 Roll Call Votes 11.3 Silence 11.4 Continuance of an Item 11.5 Personal Privilege 11.6 Motion to Reconsider 12.Rules of Debate 12.1 Mayor as Presiding Officer 12.2 Appeals 12.3 Precedence of Motions -3- Page Wll Wll WIl H12 H12 12 12 12 12 ~13 ~13 ~13 13 13 13 ~H 14 14 15 15 15 16 #16 #16 +617 +617 +617 +617 +611 17 17 ++18 ++18 ++18 146 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 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 ofthe 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 CouncilmemberCouncil member is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting s1he attended,hislher 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 ofthe City Council shall be recorded by the City Clerk or hislher designee and entered into the official minute books ofthe Council.Th~minutes shall be pr~art:ld a~ expeditiously as possible.and mU~PI¥sented within 45 d.aYs..ofth!U1J~£Thesemiflutes shall be Minutes will be available to the public following 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 In all matters and things not otherwise provided for herein,the proceedings ofthe Council shall be governed by "Robert'Rosenberg's Rules of Order."However: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 eyent of a conflict betwe..en the Citv.:s Municipal Code and/or these Rules of Procedure with Rosenberg's Rules of Order.the provisions of the City's Munici,P-al Ordinances and/or these Rules...as applicable.s_hall govern. 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 ofthe Council unless excused,and in hislher 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. -4- 147 The duties of the City Manager shall include.but are not limited to.ensuring that City Hall operates in the best interests_Qfthe_residents iRand_an QPen andJranspar~nner.The_City Manager shall ensure-that staff maintains and implements the policies and direction ofthe Council. 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 substitute attorney.The City Attorney,upon request,shall give opinions,either written or oral,on questions oflaw and shall act as the Council's parliamentarian. 2.8 City Clerk The City Clerk or his/her designee shall attend all meetings ofthe 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 ManageriDepartment 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)ofthe Council shall be open to the public. 3.2 Regular Meetings -Me 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 seven 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,\llhich that is not a I)oliday. 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,which that is not a holiday. Only closed sessions and work sessions may be held betv.een six p.m.and seven p.m.unle[;s a regular meeting Ie;adjourned to.or a ~;peeial meeting is called fur,such time.No work session or closed session ',viII be held during such hours unless the agenda is posted at least seventy 1:',>,'0 hours prior to the meeting as required by Section 54954.2 ortlle California Government Code.No action shall be taken during any 'Norll:sese;ion held betv.een such hours unlese;the agenda so provides. -5- 148 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 ofthe CoullcilmembersCouncil 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,which 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. 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 ofthe Councilmembers.COlJncil memb~rs. The notice for a special meeting must specify the subject(s)to be considered.In accordance 'Nith G+,.vefttmeffi-~eetien 54956,twenty four hoursTwenty-four hOULS 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 2.04.05Q Closed 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 with the presentation of information by the City Attorney and/pr City Manager and City Staffwtth discussion and decisions by tl~e City Council.i~ accordance with the provisions of the Brown Act Cill.s.edse.s.s.kms.nlii).yj)J~"JJ~ldb9lw.QeJLsi1U1"JJ]",an~L§eY~JL1l"m,,,!JnlcssarQg!,jJarln~£,tillgj~ci!,dim!.rn~fLtQ,Q): ~,§p,~,£i~l~nJ~~ti,nKi§,,£~ll~g= 3.6 Wefk:St1&.~Session Meetings The Council may meet in wefk ~tudJ::sessions called by the Mayor or the majority of the Councilmembers.Council members.Wefk:Study sessions are open to the public and are meetings for the purposes of the Brown Act.The primarY purpose of the study session is to provide an opportunity for the Council members to in_teract freely and informally.a,Sk questions and discuss PQli~'y"items_agendized for that specific study session.Council will also provide guidance to Staff regarding upcoming agenda items an.d t.entative agendas. Study sessions may be held between 6:00 P.M.and 7:00 P.M..provided the agenda is posted in the mann~rovide~J~yQf!Y~:rI}q}<::m\::gg~~~9.JI9D at lel:lst 72 hours / 3_.d.l:U'§.prior toJhe meeting ·1Y"Q",q,£Ii,QQ"s.h.f\,H_,h~Jflk~!'lJI1JriQg"~\nY,,wefkstudv"s.,~;§,s.,I9n,Jl~ht_b\f,J~Y~,~n,§4s:Jl.hQ,4J:s"nn,!yss.Jh\f, ~\g~m:t~§,QPrQyi~:l~s.. -6- 149 3.7 Media Attendance Except for closed sessions,all meetings of the City Council and City Boards/Commissions shall be open to the media,and may be recorded by tape,radio,television,or photography,provided such recordings do not .unrea.~Qnabkinterferewith the orderly conduct of the meetings.All m~etings s]1all ~e televise_<J and broadcast live during the meeting whenever possible and in accordance with the City contract with the companY-S.!lPplying broadcast services..;"Jl.replaYshaJI b~btQ.ftdGast on local TV at least on~time during the seven Ql.~ay perio~following t~~.IJleetin"g""Archiv~d recordip.gs of.~oun~il meeting~~!:l~II 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 Palo-s Verdes Redevelopment Agency and then as the Rancho Palos Verdes Improvement Authority of the City. 3.10 Civic and Other Events ltJuworum or more of the Members of the City Council Will atj:~nd an event where City business will ~e discussed by a quorum of the City Council.the Council Members shall notify the City Clerk or City MJ!lli'J-$r so that the event can be QQ1:~..a.City.iliuncil meeting,in accor<1anQ.~with the provisions.of the Brown Act.This doe~not include purely socia!or ~eremonial occasions for which the Brown Act defines the responsibilities of elected officials.City expenditure for other invited guests (as permitted by State lawln:rn.s.t be approved by the City CQlillcil.a1Jl regularly scheduled City CQunciLm~etingthat is held in advance of the event. 4.DUTIES OF THE MAYOR 4.1 Election of the M~Y9r/Absence of the Mayor The Mayor is a member ofthe 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 ofthe election results.The Mayor serves as Mayor at the pleasure of the City Council.As a member ofthe City Council,the Mayor shall have all the powers of a member. Should the Mayor,for any reaSQn,be,or expect tQ be,Qut QfLQS Angeles CQunty for a period of24 hours Qr 10nger.heL.sh~.-shall notiWhe Maypr Pro Tern and.th_e Ci..tv.-.Manager of his/her .¥XPSlcted absenc~an.d the Mayor Pro Tern will assume the Mayor's duties until the Mayor has notified the Mayor Pro Tern and the City Manager ofhislher return to Los Angeles County. The mayor/presiding official must be physically present to cQnduct a council meeting:however,any other CillIDcil m~mber maYRartici.oate tele..o1Kmically...in.accordanc.e..:w.ith the prQvisions_ofthe Brow.n..Act -7- 150 4.2 Mayor Pro Tern The Mayor Pro Tern shall be selected by a Council majority vote ...Ihe Mayor ProTerrLserveS-ll.LMayor Pro Tern at the pleasure ofthe City Council. 4.3 Presiding Officer The Mayor,if present,shall preside.In the Mayor's absence,the Mayor Pro Tern shall preside.In the absence of both,the CouncilmembersCouncil members present shall elect a Presiding Officer. 4.4 Call to Order The Mayor or Mayor Pro Tern 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 Councilmembers 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 on Councilmembersby or on Council members,staff and/or citizens,shall confine debate to the item under discussion,and shall discourage debate between CouncilmembersCouncil 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 "Vith the advice of the Mayor,or if the Mayor is not available the Mayor Pro Tem,theThe City Manager prepares the agenda~tlh~..C-t.illn-and appmval ofthe Mayor.This shall include the order and priority of agenda items,and the estimates.The City Manager will be responsible for providing an estimate ofthe time that should be required for the City Council to review,consider and take action regarding each agenda item.All other members of the City Council In the abs.en~fthe Mayor,th~MayQL],1Q Tell].will as£l\me this responsibility asJhe Council's representative.The Mayor will provide appropriate oversight to ensure that agenda items are timely and responsive to the needs of the residents.All other Council members shall be made aware oftentative agendas for upcoming meetings on a weekly basis.Care must be exercised so that the items that will be addressed on each Council agenda can be completed 'sithin the designated four hour time limit fur City Counci I meetings.The City Staff shall strive to provide staff reports to the City Council "'lith sound, pl'e-fes-stena4·..re€B-IHHteflGat-ions on a course of action for all City issues,to the maximum extent practical, along "vith pertinent facts and analysis to enable the City Council to make an informed decision. An individual CouncilmemberIndividual Council members may request that an item of concern be placed on a future agenda.Such requests may be made to the Mayor or to the City Manager.If the Mayor and City Manager decline to place the requested item on an upcoming Council agenda,the Councilmember -8- 151 may make thean agenda by making such request directly to the City Council at a City Council meeting under the business item entitled "Future Agenda Items"and shall,as a courtesy,not if)'the Mayor in advance.A majority ofthe Members of the City Council must vote to place the item on a future agenda, aAd if that action is talwn,the City COl:mcil also may "Future Agenda Items".If the request is seconded by one additional Council member,the item shall be placed Qn a futl1re agenda.specif)'the meeting agenda upon ,,,,,hich the item shall be placed.All agenda items shall be accompanied by a staff report.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.Sh_Oldd the concern btLdeemed an em~nc-y item,a request may be directed to the Mayor with a request for inclusion on the next meeting agenda. The City Manager is responsible for providing staff reports with sound,prpf~§§jQn£1LI~\i9Jnm~ng~ljs.m§~ supported by thorough and impartial analysis that includes both pros and cons regarding the reCQmmC;;1n.ded.course of ac.ti.m1 •..read.v...fQr inc.h!.sion in all.Council Age.ndaJ2acka.,ges,Should occ..asmns arise where that is not pQssible,the City Manager will so advise the Mayor who will then decide a CQUfse of action.-. 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 CouncilmembersCQuncil members as soon as practicable after 5:0010 p.m.on the Thursday-.We.dnesda,y preceding the Tuesday meeting where that agenda will be considered.The agenda shall be posted on the bulletin board at City Hall and on the City website at the same time that it is distributed to the City Councilmenlbers.If the agenda is distributed to City Councilmembers after 5:30 p.m.,theCouncH members.The full agenda packet,including staffreports, shall be made available to the public upon request,without delay,in accordance with the provisions of the Brown Act.~nd by R9sting same on the qty's web~ite within 24 hQurs oJ delivery Qfthe packets to Council members.Agenda packets shall be delivered to Council members not later than 3 days prior to the scheduled meeting. -9- 152 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. 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 and the MMor believes will not require Council discussion and are considered ministerial,routine~and/or of a periodic or recurring nature.The Consent Calendar-afs.e.-may contain resolutions confirming prior Council action.HO'i'v'ever,:however.the Consent Calendar is not for new policies item~that have not been discussed previously by the City Council-;-sooh.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 shOlt summaries of matters a Councilmember has attended as an elected official ofthe City.The Mayor may,with the consent of the City Council,limit the time for such repOlts or defer them to a future meeting,provided that the Councilmember's legal reporting obligations are met. CouncilmembersCouncil 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. -10- 153 5.9 Actions Lilnited 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: (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 give #teff hisLher 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 ofthe Council and the person having the floor, shall be permitted to enter into the discussion. (d)No question shall be asked of CouncilmembersCouncil 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. (0 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.Council:provided,however,no speaker's time limit shall be reduced to less than two minutes. 6.2 Personal and Slanderous Remarks Conduct ofMembers__oi.1h~£ublic 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 fu11her 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 -11- 154 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: 1.Disorderly,contemptuous or insolent behavior toward the Councilor any member thereof,tending to interrupt the due and orderly course of said meeting. 2.A breach of the peace,boisterous conduct or violent disturbance,tending to interrupt the due and orderly course of said meeting. 3.Disobedience of any lawful order ofthe 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 ~~ly 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 ofletters,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 !is ~I,J,Y.~e required];l,yJaw 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. -12- 155 7.3 Ordinance Introduction/Adoption A proposed ordinance will be read by title only unless a CouncilmemberCouncil 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 Resolutions,orders for the payment of money,and all ordinances require a recorded majority vote ofthe 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 1.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. 3.Oral staff report,if any,is presented by a staff member,unless waived by the Council. 4.Staff responds to Councilmember questions. 5.Prior to hearing public testimony or comments,CouncilmembersCouncil 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,CouncilmembersCouncil members shall refrain from stating their final position or how they intend to vote on the issue until all public testimony has been received. -13- 156 8.3 Public Testimony I.The purpose of this section is to provide an opportunity to members of the public who wish to testify in support 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: (a)participants Participants must speak from the podium; (b)that theThe normal time limit for each speaker is three minutes; (c)that repetitionRej2etition should be avoided;and, (d)that speakers Speakers will be discouraged from reading a submission that has been copied and is contained in the agenda materials. 3.Although the nonnal 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.A speaker whQ is in attendance at the meeting and who has signed a speaker's slip shall be permitted to assign his time to another speaker.No individual speaker ~hall speak for more than 15 min lites. 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). 5.At the Mayor's discretion,staff and/or Council will answer questions ~by speakers after the completion of the speaker's testimony. 6.Council will generally reserve questioning of individual speakers until after the completion ofthe speaker's testimonycomments. 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. 3.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 for up to 5 minutes prior to allowing another Councilmember to speak again. Councilmembers Council members should strive to avoid repetition.Councilmembers CounciLmelIlb~rs may be permitted to ask questions of each other or debate relevant issues as part of their deliberations.Council members shall refrain from whispering or -14- 157 otherwise communicating with one another in an inaudible manner.All comments made b...Y Council members should bepu.blk and made intoJhe_micro.phone. 8.5 Council Action 1.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 ideas have been raised by Council members that were not raised by the public speakers or the staff report and that have a bearing on the jtem.Members of the public shall be,.givel1 !!dditional opportunity to comment on such new facts.inform.a:ili2...n and.ideas. (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: (a)Close the public hearing and vote on the item; (b)Offer amendments or substitute motions allowing additional public comment;or (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.nor issues raised. after the public hearing has been closed.) 9.BOARDS,COMMISSIONS-AND!COMMITTEES AND SUBCOMMITTEES 9.1 Mayor /City Council Committee At the first or second meeting in January of each year,the Mayor shall appoint CouncilmembersCouncil me1!1bers to serve on various committees,which tha.1require a Council representative. 9.2 Citizen Boards,Commissions,and Committees 1.Creation The City Council may create boards,commissions,or committees to act as in an advisory capacity boards to the Council.Commissions are given the authority to act within their assigned scope .otivrisdiction subject to appeal to the council. 2.Appointments The City Council shall make appointments to citizen ~boards,commissions and committees. All committee and commission applicants will be interviewed by the City Council at a public meeting.,.and appoiI!ted by a <;::ouncil Majority.ComII!jtt~e I;lnd_.Coml!!ission members J!!ay b~ removed for cause upon a public hearing and majority vote by the Council. Other than thePJanning Co_mm.issi{tn,wlms.e...d.uties are s.p_ecified in ..the..Municip.al Code andtl19 CRljJ~!rniflQQYQrrlnJ,9!Jtb:Qg~.the primary pumose of City Boards.Commissions and Committees is to act in an advisory capacity to the City Council. -15- 158 The Council shall provide specific direction to each commission or committee as to what tasks or projects the.CQ.\lnQ.il d_esire.u commission or committee -10 aQcomplish and the method for s.aid commissions or committees to report to the Council on their respective accomplishments.The City Manager shall assign a staff member to assist each commission or committee and to provide ,necessary support.ShouldJhe City Manager believe Jha.t reguests ofstafftim.e and City resources are either inappropriate or excessive.the City Manager maY request direction/action from the Council for resolution.------ Except as provided by the City's Municipal Code,the City Council may dissol,,'e an exi!}ting board,commi[;sion,or committee irthe Council finds that the purpose ortlle advisory board is no longer necessary or required.gis~,?!,1,!Y~=a.!1_~l\iiiliUg_b9gI£,t".£~?mmis.siqD...9I=£mJlmitl<;(~iUh~.c~l-.lJn£il t]D,gs.,lh~lL!h~p~!!:P9§,~..g,fJh~·t~lg,yi,S9IyJ?'9,~1:9.,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 sUJ>-port as...d.e..e.me..d appropriate by the Council in achievintlhe,gpals specified by the Council in creating either a City Council Ad-Hoc or Standing SubQommittee. City Council Sl,lRc()mmittees §Jtall be composed pftwo qty C2!m~.iI}:tlembersand may include..m~mbers of a Commission or Committee if deemed appropriate by the Council. Timely Subcommittee Reports shall be conveyed to the full City Council during the Council Reports section of the Council agenda.The City Council Ad-Hoc and Standing Subcommittees will strive to keep all.coundl members and the pubJic apprised of Council Ad-Hoc and Standing Subcommittees'actions and acwmplishments. 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 majority vote of the CouncilmembersCouncil members who are present. 10.2 Amendment These Rules may be amended by additions or deletions or new rules adopted by a majority vote ofthe Council~provided the proposed amendment or new rules are introduced into the record at a prior placed on an agenda as a Regular Business item at a noticed Council meeting.and the public is afforded the QPPoftlluity to commenUhete.Q11. -16- 159 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,ffli3:de befere the "Nays"are called for,a roll call vote shall be taken on any motion before the Council.The Mayor Pro Tern'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. 11.3 Silence Although not in accordance with "Rosenberg's Rules of Order,"during DHring a collective vote (Ayes and Nays),silence or ~bstention of any members member<§ldenotes an affirmative vote. 11.4 Continuance of an Item 1.Continuance by a COHneilmemberCouncil 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 denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a CeHneilmemberCouncil 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 ef the Council agenda was posted for items not subject to a public hearing;or, (c)The continuance does not adversely affect the City,any ofthe affected parties,or the welfare ofthe 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: -17- 160 1.The motion must be made by a member of the prevailing side,although it may be seconded by any Councilmember.Councilmember. 2.The motion must be made prior to the adjournment of the meeting at which the original action was taken. 3.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. Any ruling ofthe 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. 12.3 Precedence of Motions When a motion is before the Council,no motion shall be entertained except: 1.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 anyone 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 ofthe postponement and time set. 3.Motion to Table A motion to table is undebmablenot debatable and 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 ofthe next regular meeting.If the item is not taken from the table in the time specified,the business of the item is killed. 4.._.M.QtiQll to ..call the Ouesilim A D.1Qtlo.R.to..callth.e--O.uestiun...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 Ouestion passes.a vote on the motion on -18- 161 the floor is taken by roll call.If the motion to Call the Question fails.discussion on the motion on theJlQQr continues, * * -19- * 162 Attachment Excerpts of Late Correspondence from CC meeting of May 1,2012 163 TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS CITY CLERK APRIL 30,2012 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday,May 1,2012 City Council meeting: Item No. 5 Description of Material Emails from:Tom Long;Sharon Yarber Email from Madeline Ryan Respectfully submitted, &tL~ Carla Morreale W:IAGENDA\2012 Additions Revisions to agenda~0120430 additions revisions to agenda through Monday afternoon.doc 164 From:Long,Thomas D.[tlong@nossaman.com] Sent:Sunday,April 29,20121:04 PM To:cc@rpv.com SUbJect:Proposed Revisions to the Rules May 1,2012 Agenda Item NO.5 Dear Councilmembers, The revised proposal provided in red line (I think by Councilmember Duhovic)and attached to the staff report represents a very significant improvement over previous proposals the city circulated.I think it should be the starting point of your discussion. have the following comments on it: (1)Section 3.7 at page 5-12.I see no reason to limit the maintenance of records of meetings to 30 years.There may be some historical or other value to older meeting records that we cannot now anticipate. (2)Section 3.10 at page 5-12 should not be necessary.The obligations of the Brown A.ct are what they are and the council should be able to abide by them without their having to be restated in the council's own rules. (3)Section 4.1 at page 5-12 seems to make it impossible for the Mayor to participate in a meeting telephonically.This seems to have been an inadvertent mistake in Hording.It would be unfair to the Mayor.The Mayor should be allowed to participate in meetings telephonically as long as another member presides over the meeting. (4)Section 5.Implicitly the revisions to this section appear to set aside the policy that staff should always provide its best professional advice to the cou,ncil.Since we are paying staff for its judgment it would seem to be best to at least listen to that judgment even if we as residents through our elected representatives elect not to follow that advice.In general I agree with the council taking control of its agenda but also allOWing two members to place an item on the agenda even if not supported by the other three.I respect the councif's judgment that allowing one member to place an item on the agenda with no support from other members may not be productive if that proves to be four jUdgment. (5)Section 5.2 While I agree that the Wednesday deadline for distribution of agenda packets was often not met in the past,I felt that a change to a Thursday deadline would lower the bar and would also not be met.Ironically that seems to have been the case for this very agenda item which was not available until Friday.I think it is good to leave the deadline at Wednesday. (6)Sect,ion 8.3(3)at page 5-19.In the past the practice of allowing members of the public to assign their time to others has been abused.This proposal may strike a good balance by allowing it but limiting it.Time will tell.Section 8.4(4)same page.I recall suggesting time limits on councilmembers at one point to shorten meetings.It may be :lifficult to implement.It would be more possible if agendas were received earlier and ~ouncilmembers could make written statements before the meeting.On a related matter good luck with Section 8.5(1).By making that mandatory as opposed to ::Iiscretionary the proposal could surrender the council's own control over its meeting. You may want to make it optional at the discretion of the mayor or council majority. (7)Section 9.3 page 5-21 is very important.It already seems that some members of the current council may not understand that committees should gather information and 4/30/2012 lof ef)- 165 =ormulate proposals for the council as a whole to decide upon but should not themselves be setting Jolicy or negotiating with developers,etc.I encourage YO!J to adopt and enforce Section 9.3. Vlost of the Mayor Pro Tem's comments appear similar to those of Councilmember Duhovic so I do not ~omment separately on them with one exception as follows: :8)At page 5-5 the report suggests ''The City Manager is not allowed to develop any policy with the ntent to place it on an upcoming agenda without the prior written approval of the city council."In other Nords,even if the manager's best judgment is that there should be a change in policy,he or she is not to spend time trying to persuade the council of the same.This seems very unwise for reasons that should Je apparent.Council members are simply.part time volunteers for the city and do not know its day to day Norkings.This would be Hke suggesting that all initiatives in a corporation must come from its board of :Jirectors and not its CEO.I don't think we should hamstring the city manager.She is realistic enough to <now what has or might get council support and if she is suggesting something it is probably worth istening to even if you elect not to adopt it.I have a similar thought as to "Iobbyingll by staff.Staff should always be encouraged to advocate vigorously for whatever they think is best for the city without =ear of retribution by councilmembers.Creating an open atmosphere is your greatest challenge as ::ouncilmembers.The prior council had that open atmosphere.You don't--yet.Remember the only way staff can help you avoid making mistakes is by disagreeing with you when you are about to make a nistake.You do yourself and your constituents a terrible disservice if you force the staff to become your les men (or yes persons)and stifle dissent as prior versions of these rules quite obviously sought to do. fom Long 4/30/2012 166 From:Yarber,Sharon [SYarber@firstam.com] Sent:Monday,April 30,201211:31 AM To:cc@rpv.com Subject:Rules and Procedures Attachments:Agenda Bullet points.docx Dear Mayor Mlsetich and Members of the Council, Attached please find some bullet points for discussion tomorrow evening. Thank you. Sharon Yarber ****************************************************************************** This message may contain confidential or proprietary information intended only for the use of the addressee(s)named above or may contain information that is legally privileged.If you are not the intended addressee,or the person responsible for delivering it to the intended addressee, you are hereby notified that reading,disseminating,distributing or copying this message is strictly prohibited.If you have received this message by mistake,please immediately·notify us by replying to the message and delete the original message and any copies immediately thereafter. Thankyou.- ****************************************************************************** FAFLD 4/30/2012 167 A couple of bullet points for discussion Tuesday re:Rules &Procedures,since I will be out oftown and unable to attend the meeting. 1.We need to distinguish between Items that must be put on the agenda,and those that are discretionary.Government Code already governs what must be so placed,and the City Manager should control Consent Calendar items,which should never include new business that Is beyond routine,ordinary course of business matters (e.g.approval of minutes of prior meetings,second reading of ordinances preViously approved by Council,approval of payments to vendors,etc.), plus City Manager also has to have authority to place on the agenda those matters of new business that Council must address within specified time lines (e.g.appeals of Planning Commission and Traffic Commission decisions,emergency matters,salary adjustments,etc.). 2.Any individual council member can put an item on the agenda for new or regular business.A second is not required.If Council elects to proceed with requiring a second,then that applies to everyone,including the Mayor.The Mayor cannot unilaterally put an item on the agenda.We do not have a "Strong Mayor"form of government.Approval of City Manager of agenda items is not reqUired.Further,If you elect to require that every suggestion be seconded,then All agenda items should be added in the "Future Agenda Items"section of the meeting.A legitimate concern that has been expressed is the situation where one member requests of the Mayor that an item be added,the Mayor says "No",then the suggesting member is not free to discuss the issue with any other council member in an effort to gain support for a second vote prior to the meeting,as such discussion would violate of the Brown Act.The public is entitled to see who is putting what items on the agenda,so we can evaluate the performance of the Council members and gain insight into their individual concerns and priorities. 3.All agenda items should identify the council member who has proposed the particular item,and if a second is required,which council member seconded the request. 4.There should be a mechanism for residents to place Items on the agenda.Perhaps a petition process,with a minimum number of residents signing the petition,should be considered.Clearly we cannot have every resident putting things on the agenda,but if 10 or 20 people sign a petition,that should warrant placing an item on the agenda. 5.Members of the public who are in attendance and have signed a speaker slip can give their time to another present speaker.This is a more efficient use of time as it avoids redundancy and Increases the odds of a more comprehensive and cohesive presentation. 6.We need to start getting more organized with res·pect to advance preparation of agendas and agenda packets.Shortening the time is absolutely the wrong way to go.The public and council members need adequate time to investigate an Issue,review the staff report,comment on the matter and plan to attend the meeting.last minute changes to previously listed agenda items must be discouraged absent exigent circumstances.Ifwe have longer lead times,"late correspondence"can and should be regularly posted to the City website in advance of the meeting,and multiple copies of late correspondence should be available at the meeting.All late correspondence needs to become a part of the permanent record and be available for view on the website,even if added after the meeting. 168 Attachment Public comments submitted to PC related to April 10 and April 24 meeting discussions 169 -----Original Message----- From:sharon yarber [mailto:momofyago@gmail.com] Sent:Sunday,April 08,2012 10:36 PM To:pc@rpv.com Cc:Carolyn Lehr;Carol W.Lynch Subject:Rules of Procedure and Protocol -April 10,2012 Agenda Dear Planning Commissioners, I would like to take this opportunity to point out some inaccuracies in the Memorandum from the Community Development Director ("COD")to you dated April 10,2012 re:the referenced agenda matter,and Memorandum from the City Manager to the Council attached thereto. The second to the last sentence in the DISCUSSION section of the COD's Memorandum should read as follows: "Because the version of the DRAFT PROPOSED Rules of Procedure DISCUSSED at the March 20,2012 City Council meeting is still being finalized,it is not attached to this Staff Report."Please note that NO version of the Rules of Procedure was approved by the Council at said meeting,as the COD's second to the last sentence states. Further,the April 3rd Memorandum from the City Manager to the Mayor and Council Members attached to the COD's April 10th Memorandum to you erroneously states in the first paragraqph of the BACKGROUND section that the Council voted to continue "the remaining portions of the Rules ....at a future agenda."This is not accurate.The Council did, indeed,agree to adopt proposed paragraph 5 of the Rules on an interim basis,but it was made manifestly clear by the Mayor and the resulting Council vote that the ENTIRETY of the proposed Rules,including paragraph 5,were all open to further discussion and public input and could be revised and improved upon at the second meeting in May when it was initially scheduled to corne back before the Council (which I believe has now been advanced to a date in June). I encourage you to watch the video of the March 20th Council meeting to confirm the accuracy of my comments. Respectfully submitted, Sharon Yarber 170 Attachment Miscellaneous public comments submitted to individual Council Members or the City Manager's Office 171 Page 1 of 1 Carolynn Petru From:Jarel Wheaton Uhwheaton@cox.net] Sent:Tuesday,March 20,20123:27 PM To:Carolynn Petru Subject:Question Would it be appropriate to include something in the council rules that cc meetings will be video recorded and shown on cable/FiOS and placed on theRPV website? I realize that's been the practice for years,but I'm not sure where it is (or should be?)documented.The new council talks a lot about transparency,so it might be timely to add something where appropriate to show talk is actually being converted to action. I've also read/heard comments from some residents about some of the meetings not being televised. Jarel 5/3/2012 172 Message Carolynn Petru From:Paul Tetreault [paul@agajanianlaw.com] Sent:Tuesday,May 01,201211:17 AM To:'citymanager@rpv.com' Subject:Council Meeting -Rules &Procedures Carolyn Page 1 of2 Rather than calling Anthony I thought it best to first contact you regarding a concern I have over tonight's discussion of the proposed Protocols and Council's Rules &Procedures. Staff's recommendation is to "streamline"the process for the sub-committee and council by soliciting written comments and alternatives from committee and commission members rather than attending their meetings for pubic input.I understand the streamlining perspective and that may in fact be accurate,but from a political standpoint I do not think that it will play out well for the council or staff. In prior discussions I have mentioned that I have received pressure from one council member to table the PC agenda item for our own review of the proposed rules and protocols.I have had discussions with others in the community and on council who are of the opinion that there are efforts to "jam"this through with a minimum of debate.I do not endorse this view but it is one held by others.I am concerned that if the council reverses direction after the PC has had very productive and non-political discussions revealing unanimous criticisms of several components of the proposed protocols and rules,it will be interpreted as further evidence that the CC does not want to have that discussion in public.The better course,in my opinion,would be to at least follow through with a visit to the PC if not all of the committees and commissions.Changing course after getting a preview of dissent will come at a price. I have another concern,and that involves procedure.By motion passed 4-1 four weeks ago the ad hoc sub-committee was charged by the CC with going to each standing committee and commission to obtain input on both the proposed protocols and the proposed rules and procedures,and then to report back to the full council.Staff's recommendation is contrary to the vote of the council.Under Robert's and Rosenberg's Rules of Order,I believe that this will require a special procedure.The following is a verbatim discussion of the Motion to Reconsider from Rosenberg's website at http://www.daverosenberg.neUarticles/RulesOfOrder.htm. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself;the motion to reconsider.A tenet of parliamentary procedure is finality.After vigorous discussion,debate and a vote, there must be some closure to the issue.And so,after a vote is taken,the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions,but there are two special rules that apply only to the motion to reconsider. First,is the matter of timing.A motion to reconsider must be made at the meeting where the item was first voted upon.A motion to reconsider made at a later time is untimely.(The body,however,can always vote to suspend the rules and,by a two-thirds majority,allow a motion to reconsider to be made at another time.)[emphasis added] Second,a motion to reconsider may be made only be certain members of the body.Accordingly,a motion to reconsider may be made only by a member who voted in the majority on the original motion.If such a member has a change of heart,he or she may make the motion to reconsider (any other member of the body -including a member who voted in the minority on the original motion -may second the motion).If a member who voted in the minority seeks to make the motion to reconsider,it must be ruled out of order. The purpose of this rule is finality.If a member of minority could make a motion to reconsider,then the 5/3/2012 173 Message item could be brought back to the body again and again,which would defeat the purpose of finality. Page 2 of2 If the motion to reconsider passes,then the original matter is back before the body,and a new original motion is in order.The matter may be discussed and debated as if it were on the floor for the first time. Council voted to dispatch the sub-committee to each committee and commission but Staffs recommendation is contrary to that decision.The time to make a motion to reconsider has expired,so there has to be a motion to suspend the rules to allow a late motion to reconsider (requiring a 2/3 majority).If there are four votes to suspend the rules then one of the motion makers can move to reconsider the motion for the sub-committee to appear in person.Anyone can second the motion and a simple majority is needed to pass it. My advice is for the council to proceed very conservatively on this issue.It is quite evident that there is a widening divide on the council.There really is an easy way to "fix"the problem of potential agenda abuse by one or more members of the CC without creating majorities that can silence minorities.CC needs to get this right and do it in the open without it looking like it is playing fast and loose with procedural rules or trying to avoid pUblic criticism. For political reasons the CC should stick with its decision to have direct sub-committee contact with the committees and commissions. I'd love to get your reaction to this and whether you believe it is appropriate for me to send this to Anthony.Either way I will see you tonight at the council meeting. Thanks,Carolyn. Paul 5/3/2012 174 Page 10f2 Carolynn Petru From:sharon yarber [momofyago@gmail.com] Sent:Tuesday,March 27,2012 7:17 AM To:cc@rpv.com Cc:Carolyn Lehr;Carol W.Lynch Subject:Rules of Procedure and Protocol Dear Mayor and Council Members, I was pleased to see the dramatic improvement in the proposed Rules of Procedure,and a shift to the proposed Protocol instead of the Code of Conduct.While the latest drafts are certainly moving forward in the right direction,at least in part,there are still several items that warrant further input,evaluation and consideration before being adopted. 1.The Agenda -As I understand it,if an individual Council member wishes to place something on an agenda,it will be placed on the agenda unless BOTH the City Manager and the Mayor deny the request.If this happens then the requesting member must take it before the Council and the matter will only be placed on the agenda if a majority of the Council approves.This is a structure that has the practical effect of stifling dissent and preventing open discussion and the obtaining of resident input on matters where there may be considerable controversy.May I suggest in the alternative,that so long as a second Council member supports placing the item on the agenda,it be so placed. 2.Rosenberg's Ru1es -The propsoed adoption of Rosenberg's Rules is a good idea -they are far more simple than Robert's and will serve us better as a small community and small legislative body.There are,however,inconsistencies between some of the procedural rules set forth in Rosenberg's Rules and the procedures being proposed in the new Rules,so may I suggest you add a provision that to the extent there is an inconsistency between the two,the City's Rules will govern and supersede.As an example,the order of the conduct of meetings is different,with the public hearing being closed under Rosenberg before any Council discussion,but with it being done AFTER Council has had discussion and obtained further input following public speakers. 3.Conduct of Meetings -are the sub-paragraphs in paragraph 8 set out in chronological order?It should be clear in 8.4.1 that the public hearing is not to be closed just because the last public tertimony has been given.In 8.5.1(a)I wou1d like to see the public hearing continued "if any additional information is brought forth by Council or staff during deliberations or requested." 8.5.2.(c)should have added at the end "unless the Mayor agrees to re-open the public hearing prior to any action having been taken by Council." 4.Paragrapah 9.2.2 -While it is probably accurate to say that all appointees to Commssions and Committees serve at the pleasure of the Council,the inclusion of this phrase is troubling.It implies a more temporary period of service,rather than one based on the term for which appointed,and raises the specter of potential dismissals at whim based on a displeasure with the positions such a member may take on matters.Let's delete that.If you feel you must say something,then say that appointees can be removed from their positions for cause and following a public hearing. 5.There is an inconsistency in 9.2.3 in that committee and commission members cannot commit personnel,time (it fails to state whose time)without the approval of Council,yet they are supposed to assimilate information from Staff.How can they obtain the information from Staff 5/3/2012 175 Page 2 of2 to assimiliate unless they have the ability to go to Staff and request information and cause the expenditure of personnel time gathering the requested information?This needs to be clarified,and it should also specify that Staff shall cooperate with the Committees and Commissions in providing the information requested by such bodies to enable them to perform their function. 6.Council Subcommittees.Instead of saying "City Counsil Subcommittees shall work collaboratively with Staff...."it should say "Staff shall work collaboratively with the City Council Subcommittees...." The sentence "The City Council should respect the Subcommittee framework and offer input to the process through its two members."really makes no sense.It needs to be re-worked. 7.I would like 10.2 to be clarified that revisions and amendments to the Rules can only be made when it is an agendized New Business item at a noticed,public meeting (no Consent Calendar approvals allowed). 8.We have had incidents in the recent past where a Council Member wrote letters on City stationery but ostensibily in his capacity as a private citizen.This should be forbidden.City letterhead should only be used by Council members to communicate something that has been approved by the Council as a whole. Likewise,if a Commission or Committee uses City letterhead it should only be when as a body a communication has been approved. 9.The shortening of the time for receipt of staff reports and materials is absolutely going in the wrong direction.Indeed,more time should be given to Council and the public so that adequate time to prepare for the meeting is afforded.Why can't staff be a couple of weeks ahead and put out reports two weeks before a meeting? 10.Speakers from the public who are in attendance and have submitted a speaking slip should absolutely be allowed to give their time to another.I think you would fmd that instead of listening to lots ofrepetetive comments from the public,you would enjoy a far more cogent and complete presentation and would fmd the meetings would actually move more quickly.Less waiting for people to get up,sit down,fumble with their papers,forget what they were going to say,etc.Most people are not comfortable speaking publicly but have thoughts to convey.They should be able to gather together and elect a spokesperson to convey their collective thoughts. I am still reviewing the latest proposed rules and will under another email send the balance of my comments when I can.I thought I would send these along now to give you some preliminary thoughts to ponder. Sharon Yarber 5/3/2012 176 Page 10f2 Carolynn Petru From:cprotem 73@verizon.net Sent:Wednesday,April 04,2012 10:20 AM To:cc@rpv.com;citymanager@rpv.com;cityclerk@rpv.com Subject:Voting Process. Hi All, At the last meeting,when the Mayor called my name I should have had more restraint in my response.I apologize. To help the process in the future I have taken the liberty to describe the three processes that seem to be most confusing.These processes are the same in Robert's Rules of Order and Rosenberg's Rules. I hope this will;be helpful. Honorable Mayor and Council Members and Staff: AN ATTEMPT TO CLARIFY AND SIMPLIFY SOME VOTING PROCESSES There are two classes of voting the council rules can specify and adopt. 1.Voting can be specified to be that of the council.This means that a 2/3 vote requires the consent of 4 members at ANY meeting since 3 members constitute only 60%.This has not been the practice in RPV. 2.Voting can be specified as that of those present at a meeting that has a quorum.This means that a 2/3 vote when all members are present still requires 4 votes.However, with 4 members present 3 votes satisfies the 2/3 requirement.A problem arises when a quorum of only three is present where 2 votes meets the 2/3 requirement.It has been the practice in this case a 3 vote is required.A requirement for a 3 vote in such a case,especially for the expenditure of funds,can be set in the council rules. There are three council actions that seem to be confusing to the council and the staff. 1.A motion to call the question:This motion can be made by any member of the council at any time,once a motion for some action is on the floor.It requires a second.Once the second is received the motion takes precedence and is not debatable and is voted on immediately.It is NOT a vote on the main motion.Since the effect is to close debate,and if passed,it then goes immediately to vote on the main motion.It requires a 2/3 vote according to the voting rules adopted by the council. 2.A motion to table:This motion closes debate.This is also subject to the council rules on voting.The item will be held until the next meeting.Its main function is to allow the council more time for consideration.If it is not put on the table before the close of the next regular meeting,it then kills the item that was tabled.In RPV,this process to table has usually taken the form of moving to continue the item to a date certain.This last approach is clearer and less cumbersome.Note:To table and then not put back on the table has been used as a way of killing an item without taking a vote on the item itself. 3.A motion to reconsider:This motion can come at any time between items on the agenda during the meeting.It is unique in that the motion can only be made by a 5/3/2012 177 Page 2 of2 member on the prevailing side of the issue.The second can be made by any council member.It is subject to the voting rules of the council.If passed the item to be reconsidered is put back on the table. Thanks for your understanding, Ken Dyda 5/3/2012 178 Carolyn lehr From:Anthony M.Misetich [mizie@cox.net] Sent:Thursday,May 03,20128:55 AM To:Carolyn Lehr Subject:FW:Rules of Procedure and Protocol From:sharon yarber [mailto:momofyago@gmail.com] Sent:Wednesday,March 28,2012 7:14 AM To:Councilwoman Susan Brooks;Anthony M.Misetich;Carol W.Lynch Subject:Re:Rules of Procedure and Protocol Susan, Nearly all of my comments were prompted by changes that have been made to the Rules -not motivated by a desire to re-write them in their entirety.Further,some additional changes are needed because the community is very unhappy about certain ways in which the public is treated, the meetings are conducted and the Council members act.I am chagrined to learn you have no intention of addressing anything other than the protocol and agenda preparation (and who raised the agenda issue,anyway,as the way the rule was previously written has been the way the rule has read for many,many years -an indication that the rule is not the problem,rather the manner in which it is now being applied by the current City Manager -is the rule the problem or the City Manager?). I look forward to reading all ofthe comments you are getting from members ofthe community, and also evaluating to what extent the Council is serious about soliciting and receiving with an open mind the input from the community.I hope you and Anthony will do more than just give lip service to the idea of getting input from the community,but will actually incorporate good suggestions into the finished product. As I said in my prior email,I am taking this in chunks,as my time is severely limited these days. I will continue to review the balance of the rules and the proposed protocol and give you further comments as my time permits.I hope they will be given the respectful consideration with which they are developed and submitted. Sharon On Wed,Mar 28,2012 at 12:00 AM,Councilwoman Susan Brooks <subrooks08@gmai1.com> wrote: Thanks,Sharon. These are well thought out considerations,and the Sub-committee is getting some very good input.However,please note that our intent was not to re-write all the Rules,but rather to address only the Agenda process and present a Protocol Procedure.We will present our suggestions for the May meeting.We have lots of wordsmiths in the community,and I'm learning that Rules from all entities have room for improvement when it comes to wording.Feel free to contact us with any further input. Susan On Tue,Mar 27,2012 at 7:17 AM,sharon yarber <momofyago@gmai1.com>wrote: 5/3/2012 Page 1 of3 179 Page 2 of3 Dear Mayor and Council Members, I was pleased to see the dramatic improvement in the proposed Rules of Procedure,and a shift to the proposed Protocol instead of the Code of Conduct.While the latest drafts are certainly moving forward in the right direction,at least in part,there are still several items that warrant further input,evaluation and consideration before being adopted. 1.The Agenda -As I understand it,if an individual Council member wishes to place something on an agenda,it will be placed on the agenda unless BOTH the City Manager and the Mayor deny the request.If this happens then the requesting member must take it before the Council and the matter will only be placed on the agenda if a majority of the Council approves.This is a structure that has the practical effect of stifling dissent and preventing open discussion and the obtaining of resident input on matters where there may be considerable controversy.May I suggest in the alternative,that so long as a second Council member supports placing the item on the agenda,it be so placed. 2.Rosenberg's Rules -The propsoed adoption of Rosenberg's Rules is a good idea -they are far more simple than Robert's and will serve us better as a small community and small legislative body.There are,however,inconsistencies between some of the procedural rules set forth in Rosenberg's Rules and the procedures being proposed in the new Rules,so may I suggest you add a provision that to the extent there is an inconsistency between the two,the City's Rules will govern and supersede.As an example,the order of the conduct of meetings is different,with the public hearing being closed under Rosenberg before any Council discussion,but with it being done AFTER Council has had discussion and obtained further input following public speakers. 3.Conduct of Meetings -are the sub-paragraphs in paragraph 8 set out in chronological order?It should be clear in 8.4.1 that the public hearing is not to be closed just because the last public tertimony has been given.In 8.5.l(a)I would like to see the public hearing continued "if any additional information is brought forth by Councilor staff during deliberations or requested."8.5.2.(c)should have added at the end "unless the Mayor agrees to re-open the public hearing prior to any action having been taken by Council." 4.Paragrapah 9.2.2 -While it is probably accurate to say that all appointees to Commssions and Committees serve at the pleasure of the Council,the inclusion of this phrase is troubling.It implies a more temporary period of service, rather than one based on the term for which appointed,and raises the specter of potential dismissals at whim based on a displeasure with the positions such a member may take on matters.Let's delete that.If you feel you must say something,then say that appointees can be removed from their positions for cause and following a public hearing. 5.There is an inconsistency in 9.2.3 in that committee and commission members cannot commit personnel,time (it fails to state whose time)without the approval of Council,yet they are supposed to assimilate information from Staff. How can they obtain the information from Staffto assimiliate unless they have the ability to go to Staff and request information and cause the expenditure of personnel time gathering the requested information?This needs to be clarified,and it should also specify that Staff shall cooperate with the Committees and Commissions in providing the information requested by such bodies to enable them to perform their function. 6.Council Subcommittees.Instead of saying "City Counsil Subcommittees shall work collaboratively with Staff...."it should say "Staff shall work collaboratively with the City Council Subcommittees...."The sentence "The City Council should respect the Subcommittee framework and offer input to the process through its two members."really makes no sense.It needs to be re-worked. 7.I would like 10.2 to be clarified that revisions and amendments to the Rules can only be made when it is an agendized New Business item at a noticed, public meeting (no Consent Calendar approvals allowed). 8.We have had incidents in the recent past where a Council Member wrote letters on City stationery but ostensibily in his capacity as a private citizen.This should be forbidden.City letterhead should only be used by Council members to communicate something that has been approved by the Council as a whole.Likewise,if a Commission or Committee 5/3/2012 180 Page 3 of3 uses City letterhead it should only be when as a body a communication has been approved. 9.The shortening of the time for receipt of staff reports and materials is absolutely going in the wrong direction. Indeed,more time should be given to Council and the public so that adequate time to prepare for the meeting is afforded.Why can't staffbe a couple of weeks ahead and put out reports two weeks before a meeting? 10.Speakers from the public who are in attendance and have submitted a speaking slip should absolutely be allowed to give their time to another.I think you would find that instead of listening to lots ofrepetetive comments from the public,you would enjoy a far more cogent and complete presentation and would find the meetings would actually move more quickly.Less waiting for people to get up,sit down,fumble with their papers,forget what they were going to say,etc.Most people are not comfortable speaking publicly but have thoughts to convey.They should be able to gather together and elect a spokesperson to convey their collective thoughts. I am still reviewing the latest proposed rules and will under another email send the balance of my comments when I can.I thought I would send these along now to give you some preliminary thoughts to ponder. Sharon y a1~ber Susan Brooks,Councilwoman Rancho Palos Verdes,CA 5/3/2012 181 Carolyn Lehr From:Anthony M.Misetich [mizie@cox.net] Sent:Thursday,May 03,2012 8:58 AM To:Carolyn Lehr Subject:FW:Protocols Attachments:Protocols by Tetrault 041212.pdf From:cprotem73@verizon.net [mailto:cprotem73@verizon.net] Sent:Friday,April 13,2012 5:21 AM To:mizie@cox.net Subject:Protocols Anthony, Attached are some comments by Tetrault in case you haven't seen them. Ken Dyda 5/3/2012 Page 1 of 1 182 CITY OF RANCHO PALOS VERDES PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED COMMISSION AND COMMITEE MEMBERS Comments and recommendations submitted by Paul Tetreault III.A.1.Respect and adhere to the American ideals of government,the rule of law,and the high ethical conduct in the performance of public duties. Comments:Too vague.A series of slogans and not rules.Sets a standard that cannot be defined. Recommendation:Replace with:"1.Members of City Commissions and Committees shall at all times during the performance of their duties adhere to their oath of office (Cal.Const.,art.XX,§3)and comply with all State ethics laws for public officials." Protocol for City Elected and Appointed Officials Page 1 183 2.Provide fair and equal treatment for all persons and matters coming before the City Council (or Commissions or Committees).No official shall grant any special consideration or advantage to any citizen beyond that which is available to every other citizen. Comments:It is common practice to recognize officials and well-known members of the pUblic by their first name or rank of office when they come to speak at public hearing.However,this practice gives a "clubby"appearance and may give the impression of unequal access or influence.Everyone who appears before the Council,commissions or committees should be addressed in a uniform fashion,such as "Mr.Collins"or "Ms.Bennett." Protocol for City Elected and Appointed Officials Page 2 184 4.Represent and work for the common good of the City and not for any private interests or personal gain. Comments:The term "common good"is not well defined and can be interpreted as possibly discriminating against minority interests or interests outside the City. Recommendation:Replace with:"4.Represent and work to protect the rights of all residents of the City,without favoritism,conflict of interest or for personal gain." Protocol for City Elected and Appointed Officials Page 3 185 6.Except with proper authorization by a majority vote of the City Council,refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Council (or Commission)held pursuant to state law. Comments:The word "confidentially"is vague and overbroad.As worded this clause appears to suppress the right and duty of officials to disclose to the public illegal or improper conduct that may be discovered outside of a legally privileged environment.Example:While visiting City Hall,a city employee says to a member of the Planning Commission "Just between you and me,I get great box seats to Dodger Stadium every time Builder Bob comes in to apply for a building permit."Section A.6.,as worded,prohibits the Commissioner from disclosing this information to anyone.The Commissioner cannot even tell the City Manager unless first cleared to do so by the City Council.In this way,the rule conflicts with section A.19. Further,this section violates the spirit if not the letter of the California Whistleblower Protection Statute (CA Labor Code §1106),which protects employees from retaliation by employers for disclosing illegal activity. To the extent that this section is to protect against the disclosure of information that is legally confidential in conformity with the Brown Act,it needs to be better described.Closed session meetings are specifically defined and are limited in scope.They primarily involve personnel issues,pending litigation,labor negotiations and real property acquisitions.(CA Govt.Code §§ 54956.8,54956.9,54957,54957.6.) If a member of a City commission or committee is present during a closed session of the Council that person should be routinely advised that all information disseminated in that session is confidential and cannot be repeated without Council approval.Outside of a closed session of the Council,there should be no "confidential information"that a commission or committee member learns of that should remain a secret from the public. Recommendation:Replace with:"6.Any information learned during a closed session of the City Council held pursuant to the Ralph M.Brown Act (Gov.Code, §549501 et seq.)shall remain confidential unless disclosure is authorized by a majority vote of the City Council." Protocol for City Elected and Appointed Officials Page 4 186 9.Foster a positive attitude and constructively foster open communication in dealing with the public,City staff and all City officials --both elected and appointed. City officials should keep an open mind in dealing with issues and attempt to work out solutions and/or compromises that wRk>Il meet the needs and interests of all parties. Protocol for City Elected and Appointed Officials Page 5 187 16.Do not make unauthorized statements,commitments or promises which might bind the City in any manner,and do not make statements or write letters representing the City without authorization by a majority vote of the City Council. Comments:This directive is too vague and requires legal training and knowledge to know when a statement or writing "might bind the City."As such it chills free speech rights.Municipal Code §2.14.010 states that only the city council,city manager,deputy city manager and director of public works may contractually bind the City.It is difficult to imagine a situation where a member of a City commission or committee could legally bind the City under any circumstance.Not even a member of the Council or the Mayor may do so. Recommendation:Replace with:"16.Unless you are acting in your official capacity or authorized to do so by the City Council,do not make statements or writings that assert or cause a reasonable listener or reader to believe that you are acting on behalf of the City." Protocol for City Elected and Appointed Officials Page 6 188 17.Do not identify oneself as a member of a City Commission or Committee when testifying before administrative bodies of other governmental agencies outside the City,unless specifically so authorized by the City Council. Comment:This restriction probably violates free speech rights.If a member of a commission or committee is speaking as a private citizen before a governmental agency,it is probably political speech,the most highly protected form of speech requiring strict scrutiny constitutional analysis.To pass strict scrutiny,the law or policy must satisfy three tests:It must be justified by a compelling governmental interest,the law or policy must be narrowly tailored to achieve that goal or interest,and the law or policy must be the least restrictive means for achieving that interest. The City's interest in making this restriction is to avoid confusion or embarrassment with another government agency if a City's commission or committee member comments or testifies at a government hearing.That interest is not likely to be found to be compelling.But if it is,the restriction is not narrowly tailored or the least restrictive means to achieve this goal.Alternatively,the City can largely or completely achieve its purpose by requiring any member who chooses to identify himself or herself as a commission or committee member to state that he or she is not appearing in any official capacity;rather,he or she is a private citizen. Recommendation:Replace with:"17.If a member of a City Commission or Committee who testifies before an administrative body of a governmental agency outside of the City identifies himself or herself as a member of a City Commission or Committee,that member must also state that he or she is not appearing or testifying in any official capacity or as representing the views or opinions of the City,unless that member is providing such testimony as an official representative of the City as authorized by the City Council." Protocol for City Elected and Appointed Officials Page 7 189 20.City officials may not be involved in any City matter that involves a business or organization with which that official is negotiating or seeking employment. Comment:The words "involved,""involves"and "negotiating"and the phrase "City matter"are vague and ambiguous.Government Code §87407 already covers this area.It states: "No public official shall make,participate in making,or use his or her official position to influence,any governmental decision directly relating to any person with whom he or she is negotiating, or has any arrangement concerning,prospective employment." The addition of the word "organization"after "person"in the above statute approximates the proposed wording of this section. Recommendation:Replace with:"20.No public official shall make, participate in making,or use his or her official position to influence,any governmental decision directly relating to any person or organization with whom he or she is negotiating,or has any arrangement concerning,prospective employment." Protocol for City Elected and Appointed Officials Page 8 190 B.The City Council seeks to achieve compliance with this Protocol by Members of City Commissions and Committees,who serve at the pleasure of the City Council. Comment:Incomplete sentence.Purpose is unclear.Municipal Code § 2.20.020 states that members of the Planning Commission "serve at the pleasure of the city council."Therefore this section is redundant. Recommendation:The Ad-hoc Sub-committee should review and revise this section to clarify its intended meaning or delete it as redundant to the Municipal Code. Protocol for City Elected and Appointed Officials Page 9 191 Carolyn Lehr From:Susan Brooks [susanbrooks01 @yahoo.com] Sent:Thursday,May 03,201210:07 AM To:City Council Subject:Fwd:Sharon Yarber:Rules of Procedure More.Susan Sent from my iPad Begin forwarded message: -----Forwarded Message ----- From:sharon yarber <momofyago@gmail.com> To:Susan Brooks <susanbrooks01@yahoo.com> Sent:Monday.March 12,20127:10 AM Subject:Rules of Procedure Hi Susan, I have many comments on the proposed Rules,and I think they warrant even further consideration than I have already given them,and I will continue to review them and comment further,but in the interest of getting you started on my initial feedback,here goes (this was as far as I got last night and first thing this morning -more to follow later): The overarching goal must be to achieve a balance between the power of the Council to chart the course for the City,and the authority ofthe City Manager to implement the directives of the Council without being micromanaged by the Council.Much like a constitution,the Rules should not be crafted with any particular Council member or City Manager in mind -it needs to be a document that serves both during times of complete camaraderie and times of total dissension,and everything in between.The threshold question of who is in charge of charting the course of the City needs to be clearly answered,and the answer should be that the Council,as the body of elected officials,controls what goes on at the City.The City Manager implements what the Council wants.The current Rules give the CM complete control over the contents of the agenda.This is utterly unacceptable,because such unbridled power creates the opportunity for the CM to effectively deprive the Council of the opportunity to place matters on the agenda that are of a policy nature. The newly proposed Preamble is an opportunity to make it manifestly clear that the Council is in charge,and the staff,acting through the CM,follows the direction of the Council,subject of course,to the proviso that the CM must not violate the law in the course of such adherence to directives.While the proposed Preamble does not strike me as offensive,it is also of such a generic and innocuous nature that it fails to set the tone for the parameters under which all parties will act. 5/3/2012 Page 1 of 4 192 1.Authority -this paragraph is fme standing alone;however,if the later provisions dealing with placing matters on the agenda is not revised then the Council would actually be unable to amend the Rules without the approval ofthe City Manager -an unacceptable result. 2.Given that the current CM actually referred to the City Attorney as a member of her staff,I think 2.7 should be clarified to make it clear that the City Attorney reports solely to the Council,is not a member of the CM staff,and serves at the pleasure of the CounciL 3.Paragraph 3.5 has a new sentence added which is ambiguous as to the goal sought to be achieved.What is intended to be gained by adding "with the presentation ofinformation by the City Attorney and/or City Manager and City Staff with input from Councilmembers."Is the input from Councilmembers limited to the information presented by the CA and/or the CM and staff? How is that different from what currently takes place at closed seeion meetings?What is the nature of the information thagt can be presented?It is my understanding that the scope of what can be discussed at a closed session is limited by CA law to specific areas (basically performance evaluations and review of pending or threatened litigation,the disclosure of which could jeopardize the City's position if made public or infringe on the privacy of the staff members reviewed.This sentence opens the door to discussion that would violate the Brown Act and should be stricken or revised. 4.Paragraph 3.7 provides that recordings of meetings (other than closed session meetings)may be prohibited if they would interfere with the orderly conduct of the meetings.As written the sentence begs the question fo who wouyld have the authority to make the finding that such recordings would interfere with the orderly conduct ofthe meeting.Is it the Mayor,the CM,a majority of the Council who decides?This should be clarified because it is ambiguous on its face making it vulnerable to abuse of discretion.Frankly,I cannot fathom how recording a public meeting would so interfere,so I recommend the sentence be struck altogether. 5.New paragraph 3.10 is very problematic.Why is coordination by the CM of attendance by Council members at "civic events"(yet another of the multitudinous terms left undefined in the existing as well as proposed Rules)required,and what are the parameters for that coordination activity and what goal is to be achieved by virtue of such coordination?Is it for the purpose of making sure there are never three Council members at the same event because of Brown Act concerns?Is it to prevent unnecessary expenditure of money having too many Council members attend,at City expense,costly events?Is this "coordination"capable of being performed in such a manner as to assure that only Council members with whom the CM agrees on issues can appear at public,civic events and effectively act as the face of the City?What is contemplated by the phrase "and approved by all attendees"?Does that mean if three want to attend but one or both of the other do not agree,then the one for whom unanimous consent to appear is not granted is barred from attending a civic event?This is a particularly troubling provision.Without understanding what is sought to be achieved I am unable to intelligently offer a way of re-writing it so that it actually accomplishes the goal sought.And prehaps the goal is not one that ought to be achieved.Whose goal is it anyway -Councilor the CM?Whence did this paragraph originate? 6.Probably the most troubling provision ofthe Rules (as they currently exist and for which no revision was reflected in the draft prematurely circulated by the CM)is paragraph 5.As mentioned above,to have the CM have complete control of the agenda is not acceptable.If you look at the Code of Conduct and the Rules of Procedure of the other cities that were attached to the draft revisions,no other City has reposed in its CM manager such unlimited controL While it would be inefficient and inappropriate to allow a renegade Council Member to monopolize the agenda by always being the first to propose a host of items,it is similarly inappropriate to essentially prohibit 5/3/2012 Page 2 of4 193 the elected officials from placing items on the agenda.A balance needs to be achieved,I would suggest something along the lines of each Council Member can unilaterally place not more than one item on the agenda every month,unless the item is also agendized by a second member. Similarly,the Mayor should not have complete control ofthe agenda either,even ifin concert with the CM,as the opportunity for corruption and manipulation of the agenda is too great.While I do not endorse requiring that every item have the support of two members,I think a limit on unilateral placement is warranted.Paragraph 5.2 says "care must be exercised to ensure adequate outreach and knowledge is obtained to render useful decisions...."By whom should this referenced care be exercised -staff or the Council?From whom is this "outreach"sought (residents,staff?)and by whom,staff or Council?This paragraph needs serious re-working.The final sentence imposes on staff the obligation to provide Council with "pertinent facts and analysis"so the Council can make informed decisions.I might add that staff is responsible for making accurate and truthful statements as to the pertinent facts and competent analysis that is not misleading.This paragraph should probably be expanded to require that staff report accurate and truthful pertinent facts and analysis to not only the Council to be any commission or committee as well.I note that staff presented a patently false report to the Planning Commission in October 2010 when the staff report stated that the Council had,by virtue of the adoption of the Coast Vision Plan,made a finding that the Annenberg project complied with the City's General Plan.Similarly,staff recently attempted to mislead the Planning Commission into believing that the Council had directed it to move forward with the development of an ordinance that would permit ancillary residential uses in commercial properties,which was again patently false and misleading.When questioned by a member of the PC as to whether Council had,in fact,given a directive to the PC,staff backed down and acknowledged it was not a directive but a request for evaluation (I am paraphrasing here, but the gist is that these two staffreports were false -staff needs to be held to a higher standard because neither incompetence nor intentional misconduct can or should be tolerated.Paragraph 5.2 needs to be revised consistent with the overall concept that COUNCIL decides the agenda and not the CM. 7.I would really like to see paragraph 5.3 revised to expand the extent to which the agenda must be posted beyond the bare minimum called for under state law.Perhaps publishing in the PV News on the Thursday before the meeting? 8.The second sentence of 5.7 should read:"Also,the Consent Calendar may contain resolutions ...." 9.Paragraph 5.10 needs to be discussed and,of course,rewritten.Again,the CM cannot control the agenda.While it is fine to afford the staff a reasonable opportunity to prepare for an item in order to achieve the goal of having the Council as thoroughly informed as possible,the open ended nature of the advance notice part of this paragraph is troubling.This can be abused so that controversial matters are delayed and hindered merely on the basis that staff needs more time to prepare.Obviously some issues require substantially more time to prepare than others,but it should be the Council that decides how far in advance an item will be placed (I suggest by a majority vote),with perhaps an outside maximum time period.This paragraph needs to clarify when an individual Council member can put something on the agenda,the frequency,etc. 10.While 6.1 says that no questions may be asked of Councilmembers or staff except through the Mayor,it fails to actually grant citizens the right to actually receive a response to a question respectfully posed.Citizens should have an absolute right to have their questions asked and answered in a public venue.The stonefaced response of years past is not acceptable. 11.The prohibition on personal and slanderous remarks should cut both ways.6.2 should have 5/3/2012 Page 3 of4 194 added in the first sentence after the word "audience"the "following "or any member ofthe Council or staff. 12.Paragraph 7.1 The first sentence should read "the form,and content of all ordinances..."7.2 should likewise add "and content"after approved as to form. 5/3/2012 Page 4 of 4 195 Carolyn Lehr From:Susan Brooks [susanbrooks01@yahoo.com] Sent:Thursday,May 03,201210:03 AM To:City Council;Carol W.Lynch Cc:Carolyn Lehr Subject:Fwd:Protocols-resident response From a resident.Susan Sent from my iPad Begin forwarded message: From:Councilwoman Susan Brooks <subrooks08@gmail.com> Date:April 23,2012 9:33:31 PM PDT To:Susan Brooks <susanbrooks01@Yahoo.com> Subject:Protocols-resident response ----------Forwarded message ---------- From:Deborah La Puma <dwlapuma@cox.net> Date:Tue,Mar 20,2012 at 4:15 PM Subject:Comment for Tonights Meeting To:susan.brooks@rpv.com Dear Councilwoman Brooks: I wish to submit a comment on the Proposed Council and Commission/Committee Protocol,which I see is on the agenda for tonight's City Council meeting. The Protocol is a terrific idea and a definite step in the right direction.However,upon quick review the draft seems incomplete.One glaring omission is the lack of a restriction on the personal use by officials of city-owned property.This is an issue that is clearly and appropriate addressed in paragraph 12 of the Rolling Hills Estates Code of Conduct,from which much ofthe Protocol is borrowed.It's not clear why such rule shouldn't be clearly enunciated for RPV officials as well. Further,while paragraph 17 of the draft protocol appropriately restricts RPV officials from the unauthorized use oftheir official titles in their testimony before certain governmental bodies,the Protocol fails to address the unauthorized use of such titles while engaged in personal political advocacy or business.The problem is the same no matter the context. City officials should never seek undue personal gain (political,financial,or otherwise)by making unauthorized use of their official titles in a nonofficial context.At the very least a disclaimer should be required so there is never any confusion as to whether someone is acting in his or her official capacity. Separately,it appears from the Council agendas that the subcommittee intends to put the 5/3/2012 Page 1 of2 196 Page 2 of2 Protocol up for Council vote a mere one day after the first and only public hearing on the matter.I'm troubled by that approach.While you and Mayor Misetich have done a fine job in putting this initial draft together over the last month,it is only logical that you reserve an appropriate amount of time for solicitation of and consideration of community input before finalizing this document.The Protocol is intended to preserve the ethics and integrity of our city's elected and appointed officials.Thus,it would be a great irony if these rules were rushed through without appropriate consideration of the residents'concerns. Thank you for your time and consideration. Regards, Christopher La Puma 30315 Calle de Suenos Rancho Palos Verdes,CA 90275 Susan Brooks,Councilwoman Rancho Palos Verdes,CA 5/3/2012 197 Carolyn Lehr Page 1 of 1 From:Susan Brooks [susanbrooks01 @yahoo.com] Sent:Thursday,May 03,201210:00 AM To:Carolyn Lehr;Carol W.Lynch Subject:Protocol suggestion from PVE Mayor. Not sure this should be included.Susan. Sent from my iPad Begin forwarded message: From:william.john.rea@gmail.com Date:Apri120,2012 4:22:14 PM PDT To:susanbrooksOl@yahoo.com Subject:Re:Hi Susan Reply-To:william.john.rea@gmail.com PS I skimmed you proposed guidelines.One suggestion.At the very end,where it discusses the actions which the council can take to discipline a committee member, it wouldn't hurt to include "termination"or "dismissal"with a reminder that they serve at the council's pleasure. Sent from my Verizon Wireless BlackBerry -----Original Message----- From:william.john.rea@gmail.com Date:Fri,20 Apr 2012 23:16:01 To:<susanbrooksOl@yahoo.com> Reply-To:william.john.rea@gmail.com Subject:Hi Susan Merredith showed me your email.Our Council's practice has been to avoid debating gadflies through the newspaper.For one thing,the paper has editorial control. I departed from this recently.For the first time in at least a decade,a PVE Mayor and councilmember wrote a letter to the editor.The letter was succinct,polished and met all guidelines.This rare event should have led to the publishing of my letter.But the Breeze refused to run the letter.Why?Because it criticized a particular reporter who wrote a hit piece on our police chief.(However I did hear back from the publisher who admitted they could have done a better job.) So PVE's track record of no letters to the editor remains unblemished. On the other hand,any spiteful resident gets published.We just ignore it. Our city website and city newsletter can explain the city's actions and policies.Also we get fair news reporting,usually. I always go out of my way to give the reporters whatever they want to know except of course for confidential matters. Sent from my Verizon Wireless BlackBerry 5/312012 198 Carolyn Lehr From:Anthony M.Misetich [mizie@cox.net] Sent:Thursday,May 03,2012 9:01 AM To:Carolyn Lehr Subject:FW:Rules &Procedures From:cprotem 73@verizon.net [mailto :cprotem 73@verizon.net] Sent:Saturday,March 17,20122:13 PM To:mizie@cox.net Subject:Rules &Procedures Hi Mayor, Here are my comments and suggestions. COMMENT:RE.COUNCIL RULES AND PROCEDURES (Refer to the Rules and Procedures attachment to the Council agenda for 3/20/12 for the content of the paragraphs referenced below.) Preamble Line 6 ...change from to form of Gov ... P 2.2 line 2 change s/he to she/he Rosenberg's Rules of Order?? P 3.2 sub 2 Agenda posting by the Friday before a regular meeting.72 hours means it can be posted on a weekend.No real time for public review. Incomplete agenda items to the next day at a city facility with TV recording.All meetings be held at a city facility with TV coverage. P 3.4 Again 24 hrs.is not adequate notice.Min.48 hrs. P5 ...with the direction and advice of the mayor... P 5.3 Post agenda on web at the same time the council gets it. p.6.1 (f)but no limit the number of speakers. P 6.4 Council decision whether or not to hear a resident violates the 1st amendment The time limit should continue to apply. P 6.5 Material to be considered by the council that is received,after the agenda is distributed, should either be disallowed or cause that item to be continued to the next meeting.I prefer the former so as not to provide the opportunity for the process to be used merely to delay action.With proper notice material should be available along with the agenda to provide both the council and the public sufficient time to give it due consideration. P 7.1 last line add "as may be required by law" P7.3 The complete proposed ordinance shall be published along with the agenda. P 7.4 delete in parenthesis ..."who are present"and replace with "a quorum being present". P 8.2.2 (see 7.3 above) P 8.5.2 The council may reopen the hearing with sufficient cause. P 9.2.3 DUTIES:Handcuffs the people.Needs to be totally reworked.They can't do work themselves and they cannot commit stafftime,how can they render any decision? Commissions are extensions of council and can make binding decisions subject only to an appeal to the council.If the only group that can do work is the staff,why are commissions and 5/3/2012 Page 1 of2 199 Page 2 of2 committees needed? P 10.2 They need to be published in full as part of the agenda. P 11.3 "Silence"Not acceptable.Each member present must vote aye,nay or abstain.This part of Rosenberg's Rules that these council rules indicate will in effect for meetings.An"abstention"and a "Not Here Present but still at the dias"are a no votes. Ken Oyda 5/3/2012 200 Carolyn lehr Page 1 of 1 From:Anthony M.Misetich [mizie@cox.net] Sent:Thursday,May 03,20129:00 AM To:Carolyn Lehr Subject:FW:Council Rules and Procedures. Attachments:COMMENTARY on Rules and Procedures 032212.docx From:cprotem 73@verizon.net [mailto:cprotem 73@verizon.net] Sent:Wednesday,March 28,2012 11:46 AM To:mizie@cox.net Subject:Council Rules and Procedures. Anthony. I gave you my support at the meeting with the undestanding that you would support changes in the Rules and Procedures.I appreciate your concern of the ability of a council member highjacking a meeting.I have attached my suggestions for revisions in the rules. Ken Dyda. 5/3/2012 201 COMMENTARY SECTION: Use this for the TITLE>03/27/2012 RPV Council Rules and Procedures The city council adopted the "Rules and Procedures"in a lengthy document most of which was minor word smithing of the existing rules.However there are four sections buried in this document that,in my opinion,are the crux ofthe effort.They are Paragraph 5,Paragraph 9.2, 9.3,and Paragraph 11.3 Section 5 ORDER AND PREPARATION OF AGENDA reads: With the advice of the Mayor,or if the Mayor is not available the Mayor Pro Tem,The City Manager prepares the agenda including the order and priority of agenda items and the estimates of the time that should be required for the City Council to review,consider and take action organizing each agenda item.All other members of the City Council shall be made aware of tentative agendas for upcoming meetings on a weekly basis.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.The City Staff shall strive to provide staff reports to the City 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 City Council to make an informed decision.An individual Councilmember may request that an item of concern be placed on a future agenda.Such requests may be made to the Mayor or to the City Manager.If the Mayor and City Manager decline to place the requested item on an upcoming Council agenda,the Councilmember may make the request directly to the City Council at a City Council meeting under the business item entitled "Future Agenda Items"and shall as a courtesy,notify the Mayor in advance.A majority of the Members of the City Council must vote to place the item on a future agenda,and if that action is taken,the City Council also may specify the meeting agenda upon which the item shall be placed.All agenda items shaH be accompanied by a staff report.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. Comments:The word "advice"in the first sentence provides the city manager the ability to "accept"or "reject"the advice.Therefore the city manager has TOTAL authority over the agenda.This sets the city manager above the council members who are accountable to the residents while the city manager is not accountable to the residents.This not only can mean the order and priority but the content as well.The mayor should be charged with the responsibility,consulting with the council members,for setting the agenda. The end of the paragraph requires a majority vote of the council to place an item on the agenda.This effectively eliminates ANY minority position.The concern seems to be that one member can highjack the agenda.This process also allows the three members of the council to block any minority input.Many minority suggestions,once on the agenda and fully discussed,resulted in council support and a benefit to the city. The concern that one member can highjack the agenda can be avoided with the requirement that a councilmember get another member to support putting the item on the agenda therefore preserving the ability of a minority to be heard. There are cases when a report can be presented to the council by a council member without a staff report. Again this has been done in the past with good effect. Section 9.3 Duties reads: 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 and City Manager,not as a policy-making body.City Boards,commissions and Committees have no authority to commit City resources such as personnel time,materials or money without approval of the City Council.They provide the residents'perspective and assimilate information from 202 Staff,consultants and the public.Also,just as they are not authorized to make policy decisions for the City Council and City Manager,members of City Boards,Commissions and committees are not expected to take the place of City Staff or do work that is more properly handled by City Staff. Comments:This paragraph,although it refers to our codes,still confuses the authorities and duties between a Commission and a Committee. A commission is established and appointed by the council to act in the council's stead.The city currently has two Commissions,the Planning Commission and the Traffic Commission.As a commission they have the authority to make determinations including approvals on the council's behalf.However,their decisions are subject to an appeal to the council.Commissions are NOT advisory unless the council sends an item for advice. On the other hand,committees are strictly advisory to the council.They are usually appointed for specific functions where the members have expertise in subjects the council wants citizen expert input.The Finance Advisory Committee is one such committee. As to the ability to commit city resources such a personnel time,material etc.,they will require staff support for reports,analysis,code compliance information and staff recommendations.To the extent that this commitment of resources is associated with the matter before them,they do not need council approval.The fact that the council has charged them with this responsibility,automatically carriers with it the expenditure of city resources. Although committees and commissions are not expected to do staff work,to the extent that they bring verifiable information to their deliberations should be encouraged.After all it will reduce staff time and city cost.In most cases the information is a result of site visits which are required in some cases and encouraged in others. Section 11.3 Silence reads: During a collective vote (Ayes and Nays),silence of any members denotes an affirmative vote. Comments:The council subscribes to "Rosenberg's Rules".Here are the pertinent excerpts. "In general law cities in California resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council.(California Government Code Section 36936)". "If the rules of the body are silent on the subject,then the general rule of thumb (and default rule)is that you count all votes that are "present and voting".Accordingly,under the "present and voting"system you would NOT count "abstain"votes on the motion.Members who abstain are counted for purposes of determining quorum (they are "present"),but you treat the abstention votes on the motion as if they did not exist (they are not "voting").On the other hand,if the rules of the body specifically say that you count votes of those "present"then you DO count "abstain"votes both in establishing the quorum and on the motion.In this event,the abstention votes act just like "no"votes". Section 11.3 is the direct opposite to the Rosenberg Rules.The rules are designed to achieve finality. OPINION: One last comment:the council vote to apply Section 5 now and defer the rest to the second meeting in May can create a problem.The question is whether or not,although continued to the May meeting,the remaining rules will apply.If they do,then a majority of three votes can quash even bringing the item up for discussion at that meeting.This is a lovely conundrum. 203