RPVCCA_CC_SR_2012_10_16_G_Memo_Committee_CommissionsCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM
DATE:
SUBJECT:
REVIEWED:
MAYOR MISETICH &CITY COUNCIL MEMBERS
CAROL LYNCH,CITY ATTORNEY
OCTOBER 16,2012
MEMORANDUM TO CITY COMMISSIONS AND
COMMITTEES
CAROLYN LEHR,CITY MANAGER
RECOMMENDATION
Approve the content of the memorandum and direct that it be sent to all City
Commissions and Committees.
BACKGROUND
At the September 4,2012 City Council meeting,the City Council considered the
work plan for the Financial Advisory Committee ("FAC").After the City Council
approved the work plan,the City Council directed the City Attorney to prepare a
letter to the FAC,which first would be brought back to the City Council for review
and approval.This agenda item is the implementation of that direction from the
City Council.
DISCUSSION
The minutes from the relevant portion of the September 4th City Council meeting
state:
"Councilman Knight moved,seconded by Councilwoman Brooks,that a reminder
letter be drafted to clarify Council's direction pursuant to Rules of Procedures
Section 9.2.3 as stated:'The City Council shall provide specific direction to each
commission or committee as to what tasks or projects the City Council desires
the commission or committee to accomplish in the form of an annual work plan
that is approved by the City CounciL'In addition,the following sentence was
directed to be added to the letter:'All appointees to the Committee should act at
the direction of the whole or the majority of the City Council and not upon the
request or direction of an individual member of the CounciL'"
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Draft Memorandum to City Commissions and Committees
October 16,2012
Page 2 of 2
The motion passed unanimously.
As directed by the City Council,the City Attorney prepared the attached
memorandum.It seemed more appropriate to communicate this information in a
memorandum,rather than a letter,since the document is stating a Council policy
and is communicating it to all of the Members of a City Commission or
Committee.
The memorandum quotes Section 9.2.3 of the Rules of Procedure and includes
the additional sentence that was part of the motion.The memorandum also
notes that although directions to a City Commission or Committee can come only
from an official action of the City Council at a duly noticed City Council meeting,
individual Council Members still can communicate their opinions or suggestions
to individual members of a City Commission or Committee.If the Commission or
Committee wishes to pursue the suggestion,direction to do so first must be
obtained from the City Council as a whole at a duly noticed City Council meeting.
Direction from the City Council may require an amendment of the workplan that
was approved previously by the City Council,which could be part of the
recommendation from the City Commission or Committee.
Following the process set forth in the memorandum and seeking clear direction
from the City Council at a duly noticed City Council meeting achieves several
positive results for the City.First,it accomplishes the City's overarching goal of
transparency in the actions and deliberations of the City Council and of City
Commissions and Committees.Second,it will be clear that the Commission or
Committee is pursuing a course of action that has been authorized by the City
Council in accordance with the provisions of Rule 9.2.Third,the City Council
and the public will be kept apprised of the activities of City Commissions and
Committees.
Staff recommends that the City Council review the content of the memorandum
to verify that it reflects the City Council's direction.Staff also recommends that
the memorandum be sent to all City Commissions and Committees,since the
content of the memorandum applies equally to all of them.
Attachment:
Draft Memorandum
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CITY OF RANCHO PALOS VERDES
OFFICE OF THE CITY ATTORNEY
30940 Hawthorne Boulevard,Rancho Palos Verdes,California 90275
Telephone 310.377.0360 Facsimile 310.377.9868
MEMORANDUM
TO:
CC:
FROM:
DATE:
SUBJECT:
Members of Rancho Palos Verdes Commissions and Committees
Mayor Misetich and Members ofthe City Council
Carolyn Lehr
Carolynn Petru
Carla Morreale
Carol W.Lynch,City Attorney
October _,2012
Direction from the City Council to City Commissions and Committees
As you know,the City Council adopted its Rules and Procedures in May of this year.
Subparagraph 3 of Rule 9.2 of the Rules and Procedures generally sets forth the duties of City
Commissions and Committees and provides in relevant part as follows:
"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.
"The City Council shall provide specific direction to each commission or committee as to
what tasks or projects the City Council desires the commission or committee to accomplish in
the form of an annual workplan that is approved by the City Council,which may be amended
and revised as desired by the Council during the year.It will also define the method for said
commissions or committees to report back to the City Council on their respective
accomplishments...."
An issue was raised at a prior City Council meeting about whether communications from
an individual Council Member regarding that Council Member's suggestions or opinions could
be misconstrued as being direction from the City Council that is to be followed by the City
Commission or Committee.Accordingly,the City Council directed that the City Attorney
prepare a memorandum to all City Commissions and Committees to address this issue.
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CITY OF RANCHO PALOS VERDES
MEMORANDUM
Members of Rancho Palos Verdes Commissions and Committees
October _,2012
Page 2
Subparagraph 3 of Rule 9.2 clearly states that duties or tasks that are given to City
Commissions or Committees must be given by City Council action or direction.Pursuant to the
Ralph M.Brown Act,direction or action by the City Council must occur at a duly noticed City
Council meeting.Thus,the City Council wanted it to be clear that all appointees to City
Commissions and Committees should act at the direction of the whole or the majority ofthe City
Council and not upon the request or direction of an individual member ofthe Council.
Rule 9.2 does not prevent individual Council Members from expressing their opinions or
suggestions to Members of City Commissions or Committees.However,an individual opinion
or suggestion is not direction from the City Council that is to be acted upon by a City
Commission or Committee.If a City Commission or Committee wishes to consider a suggestion
that was made by an individual City Council Member,discussion ofthe proposal must occur at a
duly noticed meeting of the City Commission or Committee.Ifthe Commission or Committee
wishes to pursue the suggestion,direction to do so first must be obtained from the City Council
as a whole at a duly noticed City Council meeting.Direction from the City Council may require
an amendment of the workplan that was approved previously by the City Council,which could
be part ofthe recommendation from the City Commission or Committee.
Following the process set forth in the preceding paragraph and seeking clear direction
from the City Council at a duly noticed City Council meeting achieves several positive results
for the City.First,it accomplishes the City's overarching goal of transparency in the actions and
deliberations of the City Council and of City Commissions and Committees.Second,it will be
clear that the Commission or Committee is pursuing a course of action that has been authorized
by the City Council in accordance with the provisions of Rule 9.2.Third,the City Council and
the public will be kept apprised of the activities of City Commissions and Committees.
If any City Commission or Committee wishes to discuss the content ofthis memorandum
at an upcoming meeting,please notify City Staff so that it can be placed on the agenda in
accordance with the provisions of the Brown Act.
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