20120314 & 20120315 Late Correspondence2.04.060 Term limits.
2.04.070 Compensation—Reimbursement of
expenses.
2.04.010 Council chambers.
The council chambers of the city council shall be
located dt the Hesse Community Park Building, 29301
Hawthorne Boulevard. (Ord. 179 § 1, 1984: Ord. 65 § 1,
1975: Ord. 65U § 1, 1975: Ord. 2 § 1 (part), 1973)
2.04.020 Regular meetings.
Regular meetings of the city council shall be held on
the first and third Tuesdays of each month at the hour
of six p.m. in the council chambers except as follows:
A. When a Rancho Palos Verdes municipal
election is conducted in the city on the first or third
Tuesday of the month, the city council meeting shall be
held on the next succeeding day which is not a holiday.
B. When an official city holiday falls on the
first or third Tuesday of any month, the meeting shall
be held on the next succeeding day which is not a
holiday.
Only closed sessions and study sessions may be held
between six p.m. and seven p.m. unless a regular meet-
ing is adjourned to or a special meeting called for such
time. No study session or closed session will be held
during such hours unless the agenda is posted at least
seventy-two hours prior to the meeting as required by
Section 54954.2 of the California Government Code.
No action shall be taken during any study session held
between such hours unless the agenda so provides.
(Ord. 375 § 1, 2002; Ord. 299 § 1, 1994; Ord. 287 § 1,
1993; Ord. 279 § 1, 1992: Ord. 240 § 1, 1989: Ord. 192
§ 1, 1985: Ord. 124, 1979: Ord. 65 § 3 (part), 1975)
2.04.030 Adjourned meetings.
All meetings may be adjourned to a time, place and
date certain, but not beyond the next regular meeting.
2.04.060
Once adjourned, the meeting may not be reconvened. A
copy of the order of adjournment must be posted at or
near the door to the council chambers within twenty-
four hours. (Ord. 65 § 3 (part), 1975)
2.04.040 Special meetings.
Special meetings may be called by the mayor, or in
the absence of the mayor, by the mayor pro tempore, or
by any three members of the council, on twenty -four-
hour notice, as set forth in Government Code Section
54956, by delivering personally or by mail written no-
tice at least twenty-four hours prior to the meeting to
each member of the city council, to the city attorney, to
the city manager, and to representatives of all newspa-
pers and radio stations which have requested such no-
tice in writing, and a copy of the notice shall be posted
in the city offices. The notice shall specify the time and
place of the special meeting and the business to be
transacted; no other business shall be considered at
such meetings. Notice may be waived by a member of
the city council by filing with the city clerk a written
waiver of notice; such waiver may be given by telegram.
Attendance at the time and place specified shall be
deemed a waiver of notice of such meeting. (Ord. 65 § 3
(part), 1975)
2.04.050 Executive sessions.
All meetings are open to the public except that exec-
utive sessions may be held by the council during a duly
called meeting on certain legal or personnel matters.
(Ord. 65 § 3 (part), 1975)
2.04.060 Term limits.
A. No person shall serve more than two consecu-
tive terms of office as a member of the city council.
B. For the purpose of this section, a "term" shall
mean any period of service on the city council that
exceeds two years, and "consecutive" shall mean imme-
diately following, without an intervening hiatus in ser-
vice.
C. Any person who has served two consecutive
terms as a member of the city council shall not be
eligible to serve again until the expiration of at least six
months after the end of that person's last term of office.
D. The term limits imposed by this section shall
apply prospectively only to those terms of office that
13 {R -w -des I-10)
RECEIVED FROM
AND MADE A PART OFT ' R ORDAT THE
COUNCIL MEETING OF
OFFICE OF THE CITY CLERK
CARLA MORREALE, CITY CLERK
Chapter 2.04
CITY COUNCIL
Sections:
2.04.010
Council chambers.
2.04.020
Regular meetings.
2.04.030
Adjourned meetings.
2.04.040
Special meetings.
2.04.050
Executive sessions.
2.04.060 Term limits.
2.04.070 Compensation—Reimbursement of
expenses.
2.04.010 Council chambers.
The council chambers of the city council shall be
located dt the Hesse Community Park Building, 29301
Hawthorne Boulevard. (Ord. 179 § 1, 1984: Ord. 65 § 1,
1975: Ord. 65U § 1, 1975: Ord. 2 § 1 (part), 1973)
2.04.020 Regular meetings.
Regular meetings of the city council shall be held on
the first and third Tuesdays of each month at the hour
of six p.m. in the council chambers except as follows:
A. When a Rancho Palos Verdes municipal
election is conducted in the city on the first or third
Tuesday of the month, the city council meeting shall be
held on the next succeeding day which is not a holiday.
B. When an official city holiday falls on the
first or third Tuesday of any month, the meeting shall
be held on the next succeeding day which is not a
holiday.
Only closed sessions and study sessions may be held
between six p.m. and seven p.m. unless a regular meet-
ing is adjourned to or a special meeting called for such
time. No study session or closed session will be held
during such hours unless the agenda is posted at least
seventy-two hours prior to the meeting as required by
Section 54954.2 of the California Government Code.
No action shall be taken during any study session held
between such hours unless the agenda so provides.
(Ord. 375 § 1, 2002; Ord. 299 § 1, 1994; Ord. 287 § 1,
1993; Ord. 279 § 1, 1992: Ord. 240 § 1, 1989: Ord. 192
§ 1, 1985: Ord. 124, 1979: Ord. 65 § 3 (part), 1975)
2.04.030 Adjourned meetings.
All meetings may be adjourned to a time, place and
date certain, but not beyond the next regular meeting.
2.04.060
Once adjourned, the meeting may not be reconvened. A
copy of the order of adjournment must be posted at or
near the door to the council chambers within twenty-
four hours. (Ord. 65 § 3 (part), 1975)
2.04.040 Special meetings.
Special meetings may be called by the mayor, or in
the absence of the mayor, by the mayor pro tempore, or
by any three members of the council, on twenty -four-
hour notice, as set forth in Government Code Section
54956, by delivering personally or by mail written no-
tice at least twenty-four hours prior to the meeting to
each member of the city council, to the city attorney, to
the city manager, and to representatives of all newspa-
pers and radio stations which have requested such no-
tice in writing, and a copy of the notice shall be posted
in the city offices. The notice shall specify the time and
place of the special meeting and the business to be
transacted; no other business shall be considered at
such meetings. Notice may be waived by a member of
the city council by filing with the city clerk a written
waiver of notice; such waiver may be given by telegram.
Attendance at the time and place specified shall be
deemed a waiver of notice of such meeting. (Ord. 65 § 3
(part), 1975)
2.04.050 Executive sessions.
All meetings are open to the public except that exec-
utive sessions may be held by the council during a duly
called meeting on certain legal or personnel matters.
(Ord. 65 § 3 (part), 1975)
2.04.060 Term limits.
A. No person shall serve more than two consecu-
tive terms of office as a member of the city council.
B. For the purpose of this section, a "term" shall
mean any period of service on the city council that
exceeds two years, and "consecutive" shall mean imme-
diately following, without an intervening hiatus in ser-
vice.
C. Any person who has served two consecutive
terms as a member of the city council shall not be
eligible to serve again until the expiration of at least six
months after the end of that person's last term of office.
D. The term limits imposed by this section shall
apply prospectively only to those terms of office that
13 {R -w -des I-10)
RECEIVED FROM
AND MADE A PART OFT ' R ORDAT THE
COUNCIL MEETING OF
OFFICE OF THE CITY CLERK
CARLA MORREALE, CITY CLERK
2.04.060
commence after November 4, 2003, the date this sec-
tion was adopted by the voters. (Measure C, 2003)
2.04.070 Compensation—Reimbursement of
expenses.
A. Members of the city council will each be com-
pensated for their services in the sum of four hundred
dollars ($400.00) per month, which compensation will
be a charge against the city and payable in the same
time and manner as salaries are paid to other officers
and employees of the city. The compensation payable
to members of the city council may be adjusted in
accordance with the provisions of Government Code
Section 36516.
B. The compensation set forth above in subsec-
tion A of this section is exclusive of any amounts
payable to members of the city council as reimburse-
ment for actual and necessary expenses incurred in the
performance of official duties on behalf of the city
pursuant to a properly documented reimbursement re-
quest. Procedures for such reimbursement may be spec-
ified by resolution adopted by the city council.
(Ord. No. 500, § 1, 10-20-09)
(Rancho Palos Verdes 1-10) 14
Chapter 2.08
2.08.010 Office created.
The office of the city manager of the city is created
and established. The city manager shall be appointed
by the city council wholly on the basis of his adminis-
trative and executive ability and qualifications and shall
hold office during the pleasure of the city council,
except as otherwise provided in this chapter. (Ord. 19
§ I (part), 1974)
2.08.030 Council member eligibility.
No member of the city council shall be eligible for
appointment as city manager until one year has elapsed
after such council member has ceased to be a member
of the city council. (Ord. 19 § 1 (part), 1974)
2.08.040 Bond.
The city manager shall furnish a corporate surety
bond to be approved by the city council in such sum as
may be determined by the city council and shall be
conditioned upon the faithful performance of the du-
ties imposed upon the city manager as prescribed in this
chapter. Any premium for such bond shall be a proper
charge against the city. (Ord. 19 § 1 (part), 1974)
CITY MANAGER
Sections:
2.08.010
Office created.
2.08.030
Council member eligibility.
2.08.040
Bond.
2.08.050
Acting city manager.
2.08.060
Compensation.
2.08.070
Powers and duties.
2.08.080
Council-manager relations.
2.08.090
Departmental cooperation.
2.08.100
Attendance at commission meetings.
2.08.110
Removal—Procedure.
2.08.1 20
Hearing.
2.08.130
Removal—Suspension pending
hearing.
2.08.140
Removal—Discretion of council.
2.08.150
Removal—Limitation.
2.08.160
Terms of employment.
2.08.170
Agreements on employment.
2.08.010 Office created.
The office of the city manager of the city is created
and established. The city manager shall be appointed
by the city council wholly on the basis of his adminis-
trative and executive ability and qualifications and shall
hold office during the pleasure of the city council,
except as otherwise provided in this chapter. (Ord. 19
§ I (part), 1974)
2.08.030 Council member eligibility.
No member of the city council shall be eligible for
appointment as city manager until one year has elapsed
after such council member has ceased to be a member
of the city council. (Ord. 19 § 1 (part), 1974)
2.08.040 Bond.
The city manager shall furnish a corporate surety
bond to be approved by the city council in such sum as
may be determined by the city council and shall be
conditioned upon the faithful performance of the du-
ties imposed upon the city manager as prescribed in this
chapter. Any premium for such bond shall be a proper
charge against the city. (Ord. 19 § 1 (part), 1974)
2.08.050 Acting city manager.
A In the event that an assistant city manager is ap-
pointed, such assistant shall serve as manager pro
tempore during any temporary absence or disability of
the city manager. In the event there is no assistant city
manager, the city manager, by a letter filed with the city
clerk, or if the city manager is unable or fails to do so,
the city council shall designate a qualified city admin-
istrative officer to exercise the powers and perform the
duties of manager during his temporary absence or
disability. In the event the city manager's absence or
disability extends over a three-month period, the city
council may, after the three-month period, appoint an
acting city manager. (Ord. 19 § 1 (part), 1974)
2.08.060 Compensation.
A. The city manager shall receive such compen-
sation as the city council from time to time determines,
and said compensation shall be a proper charge against
such funds of the city as the city council designates.
B. In addition, the city manager shall be reim-
bursed for all actual and necessary expenses incurred
by him in the performance of his official duties, includ-
ing those incurred when traveling on business pertain-
ing to the city. Reimbursement therefor shall only be
made, however, when an itemized claim, setting forth
the sums expended for such business for which reim-
bursement is required, has been presented to and ap-
proved by the city council or to such other officer as the
city council may designate. The city council may by
agreement with the city manager limit the amount of
reimbursement for his actual and necessary general
expenses, which limit shall not be applicable to items
specially authorized by the city council. (Ord. 19 § 1
(part), 1974)
2.08.070 Powers and duties.
The city manager shall be the administrative head of
the government of the city under the direction and
control of the city council except as otherwise provided
in this chapter. He shall be responsible for the efficient
administration of all the affairs of the city which are
under his control. In addition to his general powers as
administrative head, and not as a limitation thereon,
the city manager shall have the following powers and
duties:
A. Law Enforcement. To enforce all laws
and ordinances of the city and see that all franchises,
contracts,
2.08.070
14.1 (Rancho Palos Verdes I-10)
permits and privileges granted by the city are faithfully
observed;
B. Authority Over Employees. To control, order and
give directions to all heads of departments, and to subor-
dinate officers and employees of the city under his juris-
diction, through their department heads;
C. Power of Appointment and Removal. To appoint,
remove, promote and demote any and all officers and
employees of the city, except the city attorney, subject to
all applicable personnel ordinances, rules and regulations;
D. Administrative Reorganization of Offices. To
conduct studies and effect such administrative organiza-
tion or reorganization of offices, positions or units under
his direction as may be indicated in the interest of effi-
cient, effective and economical conduct of the city's
business;
E. Ordinances. To recommend to the city council
for adoption such measures and ordinances as he deems
necessary;
F. Attendance at Council Meetings. To attend all
meetings of the city council unless excused therefrom by
the mayor individually or city council as a whole, except
when his removal is under consideration;
G. Financial Reports. To keep the city council at all
times advised as to the financial condition and needs of
the city;
H. Budget. To prepare and submit the proposed
annual budget and the proposed annual salary plan to the
city council for its approval;
I. Purchasing Agent. To purchase all supplies for
all the departments or divisions of the city and to submit
all expenditures or proposed expenditures to the city
council with his recommendations thereon;
J. Investigations and Complaints. To make investi-
gations into the affairs of the city and any department or
division thereof, and any contract or the proper perfor-
mance of any obligations of the city; to investigate all
complaints in relation to matters concerning the adminis-
tration of the city government and the service maintained
by public utilities in the city;
K. Public Buildings. To exercise general supervision
over all public buildings, public parks and all other public
property which are under the control and jurisdiction of
the city council;
L. Additional Duties. To perform such other duties
and exercise such other powers as may be delegated to
him from time to time by ordinance, resolution or other
official action of the city council. (Ord. 156 § 1, 1982;
Ord. 19 § 1 (part), 1974)
2.08.080 Council-manager relations.
The city council and its members shall deal with the
15
2.08.070
administrative service of the city only through the city
manager, except for the purpose of inquiry, and neither
the city council nor any member thereof shall give orders
to any subordinates of the city manager. The city manag-
er shall take his orders and instructions from the city
council only when sitting in a duly convened meeting of
the city council and no individual councilman shall give
any orders or instructions to the city manager. (Ord. 19
§ 1 (part), 1974)
2.08.090 Departmental cooperation.
It shall be the duty of all subordinate officers and the
city clerk, city treasurer and city attorney to assist the
city `manager in administering the affairs of the city
efficiently, economically and harmoniously. (Ord. 19 §
1 (part), 1974)
2.08.100 Attendance at commission meetings.
The city manager may attend any and all meetings of
any commission, board or committee created by the city
council, upon his own volition or upon direction of the
city council. At such meetings which the city manager
attends, he shall be heard by such commissions, boards
or committees as to all matters upon which he wishes to
address the members thereof, and he shall inform said
members as to the status of any matter being considered
by the city council, and he shall cooperate to the fullest
extent with the members of all commissions, boards or
committees appointed by the city council. (Ord. 19 § 1
(part), 1974)
2.08.110 Removal Procedure.
The removal of the city manager shall be effected only
by a majority vote of the whole council as then constitut-
ed, convened in a regular council meeting, subject, how-
ever, to the provisions of Sections 2.08.120 through
2.08.150. In case of his intended removal by the city
council, the city manager shall be furnished with a writ-
ten notice stating the council's intention to remove him
and the reason therefor, at least ninety days before the
effective date of his removal. (Ord. 19 § 1 (part), 1974)
2.08.120 Hearing.
Within seven days after the delivery to the city manag-
er of such notice, he may by written notification to the
city clerk request a hearing before the city council.
Thereafter, the city council shall fix a time for the hear-
ing which shall be held at its usual meeting place, but
before the expiration of the ninety -day period, at which
the city manager shall appear and be heard, with or
without counsel. (Ord. 19 § 1 (part), 1974)
2.08.130
2.08.130 Removal --Suspension pending
hearing.
After furnishing the city manager with written notice
of intended removal, the city, council may suspend him
from duty, but his compensation shall continue until his
removal by resolution of the council passed subsequent
to the aforesaid hearing. (Ord. 19 § 1 (part), 1974)
2.08.140 Removal—Discretion of council.
In removing the city manager, the city council shall
use its uncontrolled discretion and its action shall be final
and shall not depend upon any particular showing or
degree of proof at the hearing, the purpose of which is
to allow the city manager to present to the city council
his grounds of opposition to his removal prior to its
action. (Ord. 19 § 1 (part), 1974)
2.08.150 Removal—Limitation.
Notwithstanding the provisions of Sections 2.08.110
through 2.08.140, the city manager shall not be removed
from office, other than for misconduct in office, during
or within a period of ninety days next succeeding any
general municipal election held in the city at which
election a member of the city council is elected. The
purpose of this section is to allow any newly -elected
.member of the city council or a reorganized city council
to--oserve the actions and ability of the city manager in
the performance of the powers and duties ofhis .office.
Aftex the expiration of the ninety=day period, the proi+i-
sions of Sections 2.08:110 through -2:08.14(l as to the
removal of the city manager shall apply and be effective.
(Ord. 19 § 1 (part), 1974)
2.08.160 Terms of employment.
The city manager shall devote all the time necessary
to fully and completely perform the duties specified in
this chapter: The city manager shall not accept outside
employment while employed by the city except:
A. He may engage in occasional teaching, writing
or consulting on his time off;
B. He may engage in such additional teaching, writ-
ing, consulting or other non -city related business as the
city council may expressly authorize. (Ord. 19 § 1 (part),
1974)
2.08.170 Agreements on employment.
Nothing in this chapter shall be construed as a limita-
tion on the power or authority of the city council to enter
into any supplemental agreement with the city manager
delineating additional terms and conditions of employ-
ment not inconsistent with any provisions of this chapter.
(Ord. 19 § 1 (part), 1974)
16
. Chapter 2.12
CITY OFFICES
Sections:
2.12.010 Location.
2.12.010 Location.
The offices of all agencies, departments, officers and
employees of the city shall be located at 30940 Haw-
thorne Boulevard. The location of the city offices may be
changed by resolution of the city council or by amend-
ment of this section. (Ord. 65 § 2, 1975: Ord. 65U § 2,
1975)
11.
9
7
8
10
-2
13
7
2
7
8
73
2.
6
5
2
4
3
8
11
3
7
9
58
3.
5
5
2
3
0
8
3
4
3
3
36
4.
9
6
7
9
0
5
6
0
8
8
58
5.
2
2
2
4
2
8
5
1
2
5
33
6.
6
5
8
6
5
6
8
6
9
6
65
3
3
4
4
3
7
5
4
5
<4
42
Total
40
33
33
40
15
55
45
20
41
43
365
:A,ve
5.7
4.7
4.7
5.7
2.1
7.9
6.4
2.9
5.9
6,1
5,2
Data
3.4
6.1
7.2
4.1
5.0
5.6
6.1
6.9
5.1
5.2
5.3
--- - ---------------- - - -- L ------- RECEIVED
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CARLA MORREALE, CITY CLERK
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5. Salary Setting, I -Expectations
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0
RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY CLERK
DATE: MARCH 15, 2012
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached�are revisions/additions and/or amendments to the agenda material presented
for tonight's meeting:
Item No. Description of Material
Team Building Session Email from Jarel & Betty Wheaton
Respectfully submitted,
6k4a? -- 4�-
Carla Morreale
W:WGENDA\2012 Additions Revisions to agendas\20120315 additions revisions to agenda.doc
Page 1 of 1
Carla Morreale
From: Jarel Wheaton Dhwheaton@cox.net]
Sent: Wednesday, March 14, 2012 11:09 PM
To: cc@rpv.com
Subject: RPV CC/Staff Team Building Workshop
Honorable Mayor and City Council:
The team building workshop held tonight exceeded our expectations. We were especially
surprised with the results from the vision exercise where the each city council
member presented their vision for the city and then the staff presented their vision. The
vision presentations were all very close, but included some interesting and creative
variations. It is encouraging to see the close alignment and bias for action as you move
toward setting specific prioritized goals.
It is indeed unfortunate that Mayor Pro Tem Campbell was unable to attend because his
input on the SDI assessment tool and vision exercise could have made the workshop even
better. We would like to encourage you to include Mayor Pro Tem Campbell's SDI
assessment in the combined scores that Les Woods will present at part 2 of the workshop.
The composite scores are intended to represent the combined Council/Staff and would not
be complete without the input from such a key team member as our Mayor Pro Tem.
In particular, Mayor Pro Tem Campbell should also be given about five minutes on March
15th to present his vision for the City of RPV since his fellow councilmembers had that
opportunity this evening. We value his input. Without his presentation, we have a puzzle
with a very important missing piece that is necessary to provide a common basis and
alignment for moving forward.
Jarel & Betty Wheaton
Rancho Palos Verdes
3/15/2012
RANCHO PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CITY CLERK
DATE: MARCH 13, 2012
SUBJECT: ADDITIONS/REVISIONS AND AMENDMENTS TO
AGENDA
Attached, are revisions/additions and/or amendments to the agenda material received
through Tuesday afternoon for the Wednesday, March 14, 2012 City Council meeting:
Item No. Description of Material
Team Building Sessions Email from Jarel Wheaton
6 Email from Paul Tetreault; Letter from Jeffrey Lewis
Respectfully submitted,
4vv'z' �
Carla Morreale
W: AGENDA\2012 Additions Revisions to agendas120120314 additions revisions to agenda through Tuesday afternoon.doe
Carla Morreale
From: Jarel Wheaton Uhwheaton@cox.net]
Sent: Tuesday, March 13, 2012 2:35 PM
To: cc@rpv.com
Subject: CC & City Staff Shared Commitment to Achieving Prioritized Goals
Honorable Mayor and Council Members:
I'd like to share some observations and thoughts as a close observer of the RPV City Council
for the past several years.
Staff should be treated with respect, included in the decision making process and
acknowledged for their business/government experience that can contribute to a better
overall decision. We have a very dedicated, professional staff who'have an established
track record for doing what is best for the city of RPV.
From an outside observer's perspective, at times it's unclear whether members of the
council are seeking staff compliance or commitment to some of the recently proposed
changes. Obtaining compliance is easy since I'm sure staff will salute smartly and take
orders when necessary, but effective achievement of your prioritized goals require more
than merely compliance. It requires commitment so the staff members directly involved in
running the process "go above and beyond" the call of duty to help make the process work
to achieve your goal.
An important element in managing change is the transition an idea from "my idea" to "our
idea" where "our" includes staff members who best understand details of the current
process and are critical to effectively implementing the changes.
Effective achievement of council goals requires very good change management skills. An
agenda item to address one of your high priority goals should allow sufficient time for the
presentation of facts and data to:
• Understand the current process and clearly define the need for change
• Specifically define the desired outcome after the change (faster, better, cheaper,
more service oriented, etc) and how it will be measured
• Benchmark with other cities (and in some cases private business) to identify
solutions that are working
• Understand the cost, risks and benefits to implement the proposed change
• Recognize what will not get done if we devote funding/staff to work on this change
• Consider unintended consequences
• Implement and measure your desired outcomes (metrics) to see if you achieved
the desired outcome.
These are some of the necessary steps to assure a thorough and thoughtful decision process
focused on achieving the city council's prioritized goals.
Achieving commitment for full council participation while balancing the current desire for
short meetings with no Saturday workshops appears to be a growing challenge for the new
council. It's still unclear to me how all of the truly important issues will be addressed if the
agenda continues to be filled with things that may be high visibility (news media, Occupy
RPV, etc), but are really diversions from your prioritized goals.
While I'm sure each of you are very committed individually, it may give the impression that
you as a group are unable to make the necessary commitment for meetings/workshops.
Jarel Wheaton
Rancho Palos Verdes
3/13/2012
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Message Page 1 of 1
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Carla Morreale
From: Paul Tetreault [paul@agajanianlaw.com]
Sent: Monday, March 12, 2012 5:18 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 governmental 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 "disrespect" and prefer not to see such during our official duties for the City.
But "respect" 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 govern RPV but sister cities on the Hill,
the County of Los Angeles, State of California and federal government? Is it an act of disrespect to
criticize City staff when they act or fail 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 "support" 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,
Paul L. Tetreault
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3/12/2012
JEFFREY LEIS
609 E).eep Va lle-v Drive, Suite 200, Rollil.ing ] Ilillls ]Estates, 90274.
March 12, 2012
Hon. Anthony M. Misetich, Mayor
Rancho Palos Verdes City Hall
30940 Hawthorne Blvd.
Rancho 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 scheduled to be heard during an
adjourned, off-site, non -televised city council meeting on Wednesday; March 14. 1
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 141- 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 staff), hearing the matter as
presently set would undermine the legitimacy of any changes you made. Ironically, the
1 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.
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date initially set for this meeting falls in the middle of Sunshine Week3 - 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.4 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 5.10 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 5.10.
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 planningcommission 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 study the 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 modified' to indicate that one public speaker
may not (without mayor approval) assign their three minutes to another speaker. This
avoids a situation where, for example, five speakers come in and assign all of their time
(15 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.org/
Aboutaspx
Q 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.
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city council. The introduction of a provision for "immediate 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
wouldthat action violate the code of conduct as drafted and result in immediate
dismissal?
• If a commissioner wrote a letter criticizing a'state or federal project occurring within
city limits (such as a federally funded repair of a landslide), would that letter violate
the code?
• If a 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
Amendment rights 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 city 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.
3 0- q
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 of you campaigned on
a platform of more transparency of decision making. This is a wonderful opportunity
to fulfill those promises.
Respectfully submitted,
Jeffrey Lewis
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