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20120508 Late CorrespondenceFROM THE DESK OF T 310 265 4490 JEFFREY LEWIS F (310) 872-5389 Via Hand Delivery May 8, 2012 Hon, Anthony Misetich, Mayor City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Mayor Misetich, In anticipation of this evening's joint meeting between the city council and planning commission, I have prepared the below questions in lieu of my comments for discussion purposes. I have nothing new to offer concerning the proposed rule revisions that have not been previously voiced by the public. The below represents a sampling of questions that I have heard members of the public ask when the issue of revising council procedures arises in conversation. Questions re Section 5 and the Agenda Setting Process 1. What is the "problem" that the subcommittee has identified that needs to be fixed by changing Section 5 concerning the setting of agendas? 2. What can the city council do to allay concerns about stifling the abil- ity of the minority to be able to get issues on the agenda? a. Query: if one city council member wanted to agendize the issue of zero based budgeting over the objection of the other four council members, could the issue; still get agendized tinder the current Section 5? 3. Section 5's agenda setting process was changed by a 3-2 vote of the city council in March. a. Since then, with the new Section 5 in place., is the council saris- lt, AI�CC fied with the new agenda setting process? n J FED FROM 4 1 ADE A PART OFCIL MEETING OOFFICE OF TH CARLA MORREA FROM THE DESK OF JEFFREY LEWIS b. Are the goals of the city council moving forward? Consider the last three agendas under the new Section 5. May 1: Dog Park, Film Permits, Hedge .Permits, Travel Expense Policies, Performance Audit April 17: Marymount, 10 Chaparal Lane Project, Appoint FAC Member, Door to Door solicitation regulation April 3: Garage Sale Ordinarice, Code Amendment re Ancillary Use within Commercial Property, Rescind Dog Beach, Speed Limit Survey, Cooperative Agreement with. successor to RDA Compare to Guy's Tobi Ten Goals adopted Alarch 12 2012: 1) PUBLIC SAFETY AICD TRAFFIC ISSUES 2) SAN RAMON CANYON PROJECT 3) CITIZEN INVOLVEMENT 4) PUBLIC INFRASTRUCTURE 5) GOVERNMENT EFFICIENCY, FISCAL CONTROL AND TRANSPARENCY 6) PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT 7) WESTERN AVENUE CORRIDOR ISSUES 8) CITY RESERVE POLICY 9) SOUTHERN CALIFORNIA EDISON ISSUES 10) CITY TRAIL SYSTEM ENHANCEMENT Questions re new Protocols and/or Ethics Code 4. What is the problem that the subcommittee has identified that needs to be fixed regarding the manner in which council members and committee and cominission members conduct themselves? 5. Is the subcommittee concerned about hifringin7 upon personal ac- tivities protected by the First Amendment of council members and committee and commission members 6. Is the cure worse than the disease in terms of deterring the desire of citizens to be involved in volunteering? 7. Is the cure consistent with city council goal number 3 re Citizen In- volvement? PAGE 2 FROM THE DESK OF JEFFREY LEWIS Questions re Publishing Agenda 8. What is the problem that is attempting to be fixed by pushing back publishing staff reports and agenda from Wednesday to Thursday? 9. Do any members of the public support pushing back publishf-ig staff reports and agenda from Wednesday to Thursday? 10. Would this solution do more harm than good in terms of building public trust and citizen involvement (City Council goal numbers 3 and 5). Sincerely yours, v •i�� Jeffrey Lewis PAGE 3 Hello Carolyn, As you know, I believe that all Rancho Palos Verdes city related personnel (including the City Council, staff, commissioners, committee members, board members, subcommittee members, standing committee members, etc.) should be able to identify themselves including their title/membership when speaking in public. I maintain this position with the following caveat; prior to making any public comments, RPV city related personnel will be required to make an affirmative disclaimer similar to the following: My name is Jerry Duhovic and I am a Councilman for the City of Rancho Palos Verdes. The opinions, comments and viewpoints that I express tonight are mine and mine alone and do not necessarily reflect those of the City of Rancho Palos Verdes, its staff or any other Council member. Another example: My name is and I am the Chairman of the ABC Commission for the City of Rancho Palos Verdes. The opinions, comments and viewpoints that I express tonight are mine and mine alone and do not necessarily reflect those of the RPV ABC Commission, any other ABC Commissioner, the City of Rancho Palos Verdes, its staff or Council members. I believe this should be added to the Protocol. Please provide this to the Ad Hoc Subcommittee and add it as a submission for public consideration. Thank you. Regards, Jerry i MADE A PART OF T RECORD AT TH )NCIL MEETING OF f.',�""0'/'oaL' OFFICE OF THE CIT CLERK CARLA MORREALE, CITY CLERK 1o►`n+ h 4eehnt 77� From: So Kim Sent: Wednesday, May 09, 2012 8:07 AM To: Teri Takaoka Subject: FW: 7 Seacove project Case Number Zon2011-00242 Response to staff report Hi Teri, Here is another... Sincerely, So Kim Associate Planner City of Rancho Palos Verdes (310) 544-5228 / sok@rpv.com http://www.palosverdes.com/rpv/ -----Original Message ----- From: Greg Pfo$t Sent: Tuesday, May 08, 2012 5:01 PM To: So Kim; Planning Desk Subject: FW: 7 Seacove project Case Number Zon2011-00242 Response to staff report So - Late correspondence for tonight. -Greg. Sincerely, Gregory Pfost, AICP Deputy Community Development Director City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 (310) 544-5228 -----Original Message ----- From: rjec@cox.net [mailto:rjec@cox.net] Sent: Tuesday, May 08, 2012 4:43 PM To: Paul Tetreault; pc@rpv.com Cc: lynn.swank; Shannon Subject: RE: 7 Seacove project Case Number Zon2011-00242 Response to staff report Thank you Mr. Tetreault for your kind words. I would like to kindly request that this subject be moved to the next meeting due to the fact that I am unable to attend tonights meeting. Also, WIlliam Swank has been called away, out of town at the last minute due to work obligations and would like to attend. This would also give the appeallants time to further investigate some issues that recently came to light. One problematic issue with this process is that Staff's report is issued on the Friday before the Tuesday meeting. It gives little time to investigate and digest the report entire report findings. vta I4/ �50 ki'm Thanks you for serving this wonderful city, Janet Yamamoto RECEIVED FROM ,::J&LIUMUJU— AND MADE A PART OF THE KECOrRD�A�T�THE COUNCIL MEETING OF_�===�--- OFFICE OF THE CIT CLERK CARLA MORREALE, CITY CLERK ---- Paul Tetreault <paul@agajanianlaw.com> wrote: 1 2 > Ms. Yamamoto: > I am sorry to hear about your family tragedy. I have received and read your opposition to the project. > Best wishes. > Paul Tetreault > Rancho Palos Verdes Planning Commission > > -----Original Message----- • From: rjec@cox.net [mailto:rjec@cox.net] > Sent: Monday, May 07, 2012 12:01 PM > To: pc@rpv.com > Subject: 7 Seacove project Case Number Zon2011-00242 Response to staff > report > To Whom it may concern, > A family tragedy has occurred that I must attend to and will keep me from attending the meeting tomorrow, May 8. Attached are my comments to Staff's report. > Janet Yamamoto 2 From: So Kim Sent: Wednesday, May 09, 2012 8:06 AM To: Teri Takaoka Subject: FW: 7 Sea Cove Hearing Hi Teri, Here is late correspondence for item no.2 from last night. Sincerely, So Kim Associate Planner City of Rancho Palos Verdes (310) 544-5228 / sok@rpv.com http://www.palosverdes.com/rpv/ -----Original Message ----- From: Joel Rojas Sent: Tuesday, May 08, 2012 5:23 PM To: So Kim Subject: FW: 7 Sea Cove Hearing -----Original Message ----- From: Shannon Hartman (mailto:srhartman24@gmail.com] Sent: Tuesday, May 08, 2012 5:19 PM To: planningcommission@rpv.com Subject: 7 Sea Cove Hearing To whom it may concern, I'm writing this on behalf of myself an appellant and my fellow neighbors who would like to ask for a continuance for tonights meeting on the 7 Sea Cove hearing. Janet Yamamoto who is an appellant and has had a sudden death in the family and Mr. Swank who was called away unexpectantly for work will not be able to be there. Since it is running so late and some of our neighbors have been called away to other commitments, I humbly asked that this hearing be continued until a later date. Shannon Hartman Sent from my iPhone via RECEIVED FROM 4 AND MADE A PART OF THE RECORD AT TH TC COUNCIL MEETING OF„61 1y� OFFICE OF THE CITYICLERK CARLA MORREALE, CITY CLERK �^ z sir D. Makhlouf From: Coleen Berg [choice mediation@yahoo.com] Sent: Thursday, January 05, 2012 2:44 PM To: D. Makhlouf Subject: RE: revised draft. Attachments: Finley's bid.docx -_ f I received your signed page, thanks! Here is the bid. If you can sign this too and send to me, Mark is calling Scott to Confirm tomorrows trimming. Coleen Berg Choice Mediation and Arbitration Services www.Choice-Mediation.com 310-512-6078 310-316-2464 Fax CONFIDENTIALITY NOTE The information contained in this message is intended only for the use of the named addressee(s). It is privileged and confidential. Information received is not statement of fact, nor can it be used as so in the court of law. Any duplication or distribution of this communication is unauthorized. If you have received this message in error, please notify us by telephone immediately at (310) 512-6078. --- On Thu, 115112, D. Makidouf <dtiiak(a-)Iaiorxtlreiveb.coni> wrote: From: D. Makhlouf <dmakalexontheweb.com> Subject: RE: revised draft. To: "Coleen Berg" <choicemediation tni.yahoo.com> Date: Thursday, January 5, 2012, 2:11 PM Got it. Emailing signed page now. Thanks. From: Coleen Berg Lmailto:choicemediation(abyahoo.coml Sent: Thursday, January 05, 2012 2:07 PM To: D. Makhlouf Subject: revised draft. Here is the one quoting %. I will forward the bid ASAP and you can fax all back to me. Coleen Berg Choice Mediation and Arbitration Services www.Choice-Mediation.com 310-512-6078 C~ 4 316-316-2464 Fax CONFIDENTIALITY NOTE The information contained in this message is intended only for the use of the named addressee(s). It is privileged and confidential. Information received is not statement of fact, nor can it be used as so in the court of law. Any duplication or distribution of this communication is unauthorized. If you have received this message in error, please notify us by telephone immediately at (310) 512-6478. 22208S. Vermont Ave. Torrance, CA. 90502 License#897701 C27,, D49 January 5, 2012 Mark Palucci 24 Narcissa Drive Rancho Palos Verdes, CA. 90275 Tel: 310 791-2759 ex 302 Email: sailhouseacox.net Gate Code #9874 Finley's Tree and Landcare, Inc. proposes to provide the necessary labor and materials to do the following work: East Side of Property (3) Pines Lace out 30% of green foliage, remove yellow high] igllted limbs to Scott's specs for view restoration Middle (1) Pine Remove to ground level Closest to House (1) Pine Lace out 4045% of green foliage, remove selective limbs over house to balance (Scott will be present will be onsite for balancing of tree) TOTAL COST TO PERFORM: $4,000.00 PAYMENT TERMS. Alark Palucci agrees to pay $1,000 of total job cost (upon completion) _r Da'Ad Maklrlouf agrees to pay 53,000 of trtal job cost (upon completion) x In preparation for work to be performed on your property please use the following guidelines to prevent damage to your property: • Noti& neighbors that you are having your properti, worked on especially if we will be trintnting their trees/plants overhanging, your property. • Move any landscape lights and/or other various garden lights out of the work area • Remove fitrrtitrrre, fotetttains, garden art, bird feeders or any other Breakable itents hanging in the trees or in work area. On Day of Work: Move cars out of driveway and from tinder trees. Block off street parking in front f properfj' with trashcans or cones. 22208 S. VerrnOM Ave. Torrance, CA. 90502 License#897701 C27, D'49 **We remove any debris generated from our work. We are not responsible to damage due to hidden conditions, especially underground installations. Payment is due upon completion of work.*** In the event any decisions regarding final specifications for the above work need to be made, either now or while work is in progress, please print or type name and telephone number of designated individual who will be empowered to make those decisions. Name Telephone Please indicate acceptance by signing this proposal and returning to the above address. Upon receipt, wort: will be scheduled to begin. Sincerely, Steve Finley Accepted By Steve Finley@finicystreeandl.indenre.com D. Makhlouf From: Coleen Berg [choicemediation@yahoo.com] Sent: Monday, January 09, 2012 2:29 PM To: D. Makhlouf Subject: RE: calls 1 Mese things can get emotional and I am used to being in the cross-fire, so no problem. My decision to stay out of it now is not one because I want to stay_neutral or preserve any professional relationshi�I have�nti a vendor. I helped you and Mark come to an agreement, the work was done so I do int have a further rale. jt w©uTJ be i ropriate for me to say to anyone the trees were trhmued 30% or not. So if that is an ongoing clues ton you have it would have to be worked out with Scott, not in mediation. I hope it all works out for all of you. Amy did send the other neighbor another letter, acknoledging she did some work but you would like to talk with her more about it. Let's keep our fingers crossed she responds. Choice Mediation and Arbitration Services www.Choice-Mediation.com 310-512-6078 310-316-2464 Fax CONFIDENTIALITY NOTE The information contained in this message is intended only for the use of the named addressee(s). It is privileged and confidential. Information received is not statement of fact, nor can it be used as so in the court of law. Any duplication or distribution of this communication is unauthorized. If you have received this message in error, please notify us by telephone immediately at (310) 512-6078. -- On Mon, 119112, D. Makhlouf <drttuk a)ile- orrtlrciveb.conr> wrote: From: D. Makhlouf <dmaf:0exontheweb.com> Subject: RC: calls To: "Coleen Berg" <choicemediationta%vahoo.com> Date: Monday, January 9, 2012, 10:17 AM Good morning, Coleen. That's fine. I'll handle it with Scott and Mark as best as I can at this point, and if we can't come to terms, perhaps we'll need more mediation or go back to the City if necessary_ And I know you are now getting caught in the crossfire, and I don't want you to endure that pain and stress, and I know you don't want to appear unfair to anyone. So I respect your decision to step back now on this one with Mark and let others make the judgment calls on the work that was done — but I do have to say that the expert isn't Scott because you say that below. An expert is someone who is n6nnterested andis oTec-£ive. M� )coft to stop and Scott complied. This was with regard to the trees in question that are closest to Mark's house and th pecifi+J rees that continue to be the object of obstruction to my veiw. So Scott can't have it both ways. He can't assert he stopped because Mark demanded it; yet the work was accomplished regardless, and if I don't have a view restoration, he should get paid nevertheless because he's holding on to an ambiguous claim of 30 percent, and he gets to act as his own expert. Just making it clear, Coleen. I recognize you have a relationship with Finleys and they work with you regularly and it puts you in an uncomfortable, awkward position, I'm sure. And I'm not callously indifferent, but I have to be fair to myself too. I don't know anyone who wants to throw away $3,000 and receive little to no benefit. I'm willing to be reasonable and if i=inleys is willing to be reasonable, then perhaps we can come to terms. Scott said, if Mark allows, he'll come back up and do the work, but if Mark doesn't allow it, then again, maybe further mediation or working out alternative arrangements. And, please, please, Coleen, keep in mind this is a job, we all do our best, and it's not personal at all. Thank you. Da'ad From: Coleen Berg [mai Ito -choicemediation a,yahoo.com] Sent: Monday, January 09, 2012 8:46 AM To: D_ Makhlouf Subject: calls Good morning. I received your messages Friday afternoon. If you would like Mark to consider having more branches removed I would suggest giving him a call. It would be outside the scope of the agreement you both signed since the 30% was done on Friday. There is really no reason perts, Scoon for me to be there as I can't malce a judgeriT6i call on—hetwork- that was done; I have to rely on the extt, as I am not an arborist. Tell me ho«it goes. -- _ ____- Coleen Berg Choice Mediation and Arbitration Services www.Choice-Mediation.com 310-512-6078 310-316-2464 Fax CONFIDENTIALITY NOTE The information contained in this message is intended only for the use of the named addressee(s). It is privileged and confidential. Information received is not statement of fact, nor can it be used as so in the court of law. Any duplication or distribution of this communication is unauthorized. If you have received this message in error, please notify us by telephone immediately at (310) 512-6078. 7'Rl✓E X11 Mr'i�If�GElwilENT r_ T --y i moi. MAIfAn'Mo A9 -L YaU04 jKK6 M*Mp; Gre`_; J. Monfette INDEPENDENT CONSULTANT - SPFCL4,LIST INARBORICULTURE AND URBAN FORESTRY 4617 Purdue Avenue ❑ Culver City, CA 90230 ❑ (310) 902-6581 ❑ ncatree(a).ca.rr.com January 16, 2012 D. Makhlouf 25 Narcissa Drive Rancho Palos Verdes Re: View of the water and Catalina Island Tree Case Management (TCM) was asked to evaluate the situation regarding the subject trees located across the street fiom you (at 24 Narcissa Dr) and formulate an opinion as to if the conditions of the agreement with the mediator was met. TCM reviewed the photograph that was provided by the mediator (which has the yellow highlighted lines distinguishing the focal area of concern in this case), the contract from Finley's dated January 5, 2012 (which identifies the scope of wort:), photograph taken after the pruning incident (which shows the trees current condition, then conducted a site visit on January 16, 2012 to personally observe the conditions at the site, and the following is our observations and findings: The above below identifies the area (between the yellow lines) of the view that was to be restored, The scope in Finley's contract states the following: "Lace out 40-45% of green foliage, remove selected limbs over house to balance" The photo below was taken after the tree trimming incident and it depicts the current condition of the tree as seen by TCM on January 16, 2012. Observations: TCM visited the site on January 16, 2012 to visually observe what took place. We observed that the trees in question were trimmed, meaning, a small amount of foliage was laced out from the trees and a few limbs were removed. It is apparent by the photos (and confirmed at my site visit on January 16, 2012) that maybe 10-20% of the green foliage was removed from the trees but the selective limbs over the house were not removed in order to balance the growth. This is visible from the site visit as well as the photographs provided in this report. Findings: The view of the water and Catalina Island remains obstructed as it was prior to the tree -trimming event. In order to rectify this situation the trees should be trimmed to remove the selected limbs over the house to balance the trees growth and provide the view of the water and Catalina Island. TCM feels the correct measure would be to remove the tree closest to the house entirely as this would provide a free and clear view of the water and Catalina Island. (Also, this trees growth is only toward the house which creates a dangerous condition for the homeowner because these tees are know to fall over in windy conditions and being that this tree is extremely out of balance it makes it a good candidate for failure) Note: TCM did not enter the property at 24 Narcissa Drive nor did we perform an evaluation of any of the trees on the site. However, TCM is lugWy reconunending that the hoineowner at 24 Narcissa Drive hire a consultant and have the trees evaluated to ensure they're structurally sound. I hope you find this information helpful in assisting to make the important decisions about dealing with these challenging tree issues. Assumptions and limiting conditions: 1. Any legal description provided to the consultant is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. 2. It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations. 3. Care has been taken to obtain all information from reliable sources. All data have been verified insofar as possible; however, the consultant can neither guarantee nor be responsible for the accuracy of information provided by others. 4. The consultant will not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 5. Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of the consultant. b. This report and any values expressed herein represent the opinion of the consultant, and the consultant's fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence of a subsequent event, nor upon any finding to be reported. 7. Unless expressed otherwise: 1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the trees or property in question may not arise in the future. 8. Arborists are tree -specialist who uses their education, knowledge, training and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. It is highly recommended that you follow the arborist recommendations and your "licensedfprofessional-' tree care company's directions specifically. Clients may choose to accept or disregard the recommendations of the arborist, or seek additional advice. 9. Arborists camlot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specific period of time. Likewise, remedial treatments, like any medication, cannot be guaranteed. It is highly recommended that all trees be inspected at Ieast two times a year. 10. Treatment, pi -Lining and removal of trees may involve considerations beyond the scope of the arborist's services such as property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. 11. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. Trees are a risk. The only way to eliminate all risk associated with trees is to eliminate all trees. Trees should be inspected on a regular basis (monthly, quarterly, biannually, and annually). If you have any questions at anytime please contact me directly at 310-902-6581. Tllank you, Greg J. Monfette Tree Case Management r7qaiintiff'a Gtaim and' ORDER -100 to (30 to Small) OlafrLTs COUFt Notice4o S11e rserstltt b-elnp sue&.�_w�=�,...��,,.....��.w..�w_.��-_�_ You are the Oofandant if your nDme Is liMd in l21 on page 2 of this form. The persen suing you is the Plaintiff-, listed in (1) o.6 page 2_ Ydu and the Plaintiff must go to court on the Trial date listed below: If you do not do to coum yaau may lose the case. If you lase, the Court cen Order th.-t 4rour v<<ages, Maonalr, or pr6pgrr.v be taken to pay this claire. fMarl: aaCYnp6 dstr here when forth it Nad. I rr OF Ottl ptly. 1 In,•�n 1a5 Sllperto{• CUUrr 7>? 1 A, Clnrd;c r -�Ul�ve C1�ccrlCl 8Y Ci,- Bring witnesses, fecelpts, and any evidence you need to prove your case. Fill in ccurl narno and otroar cddrast;. Read this foal and all pages sttached to under=nd the cl2iM against you and to -proti ct: your rights. Suporivr Court of Colffomio, Couniv of Loo Angatocr: ®G UTHWE5T 41ST€ Iri a -194 G-1 Aviso c! [Nmandado; NUA94(m COURT Ca7URTH6u811 026 PAAr;.e aVIINUIR Usted es al Dernandado si su numbre figurra an (4) de la pagina 2 TaraaGlWC , CA. M130a de obt© fofrhularia_ La persona que to demand@ es .el Darnandante, 63101 =-0400 la que figura en f1) dela pagina 2. Usted y el Demandanto tienen que presentarne en fa Corte en to C/cr& rrL in case number andea�a name: fecha dcl juicio indlcads a continuacion. 51 no se presenta, puede pefdeif el caso. Caoo Number: SBA 12SO0125 Si pierde al cast- Id aorta podria orderier que le quiten, de su Coco Norno: sueldo; dinero u otr os hienes para pagar este ra9clarno. FINLIEWS TRE�- VC MAI'HLOUP, IDA 'A Liege testigos, facibos y•cualquier otra prueba que necesite para prober sucaso. Lee este formulario y today fas pagiras a.djuntas para entender la demanda.en su contra y parr: pgwger, sus derechos. _ (Dird€aa to Go to Cou lite peopiaa in (1)' and (2) rvlM go t© court. -(Clerk :ills out sectionbelow.l , oao P4A »4•^, L7 C � G�C�. CG.Z. Dr,"7. O Q C3- -�.'�. � -�___� _ _ __ �'�==C � �.0 j] c�C'10� TRIAL DATTIME DEPARTMENT LOCATidiN DATE 04/16/2012 08:30 -AM 008 825 MAPLE AVENU5 Gate; 0111712012 JOHN A, Cf.ARKE, Executive Officer/Clert; 13y G. 1133ALADAD , Deputy Ens tvucVons for the peO'-q n- suing: You are the Plaintiff, The person you are suing is the Defendant. -before you full out this form, read Form SC- 100-11 Information for The Plalntlff to lmow your rights, Get. SC -100 -INFO at -any courthouse or county law Ilbrary, or go to: wrrruv.covrrs.c�;gav/srrTallclslrrrsifor�s Fill Out pages 2 and 3 of this form. Then m;1he -copies of ell pages of this form, (Males 1 copy ior each na rzt r named in this case and• an extra copy for yourself.! Tarte or mail the original and these° copies to the court clerk's office and pay the filing fea. The clerk will write the date of your trial in the box above. You rtaust have someano at iaact 18 --not you or anyone bIre listed in this case --give each Defendant a court- starmpt5d copy of all 5 pages. of this form and anv pageis ca,is tvrri-z$liy y ou YC -==ch. Theta are special rales foi "serving,' or delivering, this fora to public entities, associations, and same businesses. Sen Form, 5C-1f)et, SC -10413, and SC-I04C. Go to court ort your trial date listed 816ovd. i3rinp witnesses, receipts, and any evidence you naldd to prove your case. Plaintiff's Claim and ORDEIr2 setae. POUG s Ca e Fi*rvhrJ JQa:3ry 1, to. Ga to Small Mims Cour Colic or Clair Pre: -+Fa. 1.10.1 to ocoa... ismmdl G`1e1n1a1 t Ia.2satcl. 110: aalel. taboo b,a r ,8gA 122SOOT25 Plalnflff ;UG L narnrjn): F)w—r-Y'S TREE & I.ANDCARE, INC. .............. "— . . .... . ....... . ................... . ..... . . ... ...... . .... . .... (1) The Plaintiff (the person, business. to pubUc eqft Maz �.q suJag? I,": Narno; RNLEY1 TREE P- LA NbCARE, INC. Stforit addtom. 22200 S. VERMONT AVENUE TOARANCE CA 90502 Street City. Sraro 7 -jp MaIlIng addraea fit diffarenti:Srrnar City S!Iate zip If nriou-n'Otan one Plainfiff, 11V nc-jift PlaintOff heve- Nnine! Phnnn: Stfest oddraso- City SID on ZP MaWngaddraoa. firdiffurvii(J.- City svira Z;P I Chock hero If moro than 2 Plaintiffs end ar-.dcb FojjTj SC -100A, I Chock here it aithar Ptalriri& 1)sIed Dbcjvu is doing business under ficittlays iwmn- /f so, wrath Form SC- 103. 12) The Defendant (jha pterion, bUSIneSS, OV P(nNC antkf being SUGd) 69: fqaru6-. MAIIHI-OUP, DA'AD Phone: (3101961-0119 Street addrasa- 26 NARCISSADRIV� RANCHO PALOS'V CA 90276 Strew( I . city sraio- Zip Ma -cling addfeas (it difforonfl: Svoo.. City 5'fa.a Grp move 1hon ona Dafendant, flsi nGL:f,. Befendh�nt hem Narn6. Phone: Bireax jrrgar C74, swo Zip MaIlIny addrn:5v tit di*ffvreW); Straw Ch v S-wo ZJ1 I I Chock hora if more Then 2 Defendants and armch Farris SC -1,00A. I 'Chock fibre if "any Defendanr Isr.on-active mllilz�rV duty, and wrfto his or her name here: The Pleintiff Da'fenda'nl cl@ims the owes � 3000.00. (Evptaln belotvj, u. Why do6a the D6fendent awe the mon--v WORK COMPLETED, MEDIATOR ADVISED FINLEY'S THAT VU013 K WAS COMPLETED PER CONTRACTfIVIEDIATION, STOPPI10 PAYMENT ON CHECK 1'. W 11 ai , a: d :,a::•• If no Op�fjjflu date.'Alva the tIrne period, D06 Stnilod: 01 104 12012 rhrough: 01 106 12012 C. How did V4colovfote tho rn.onov ovv6d, to you? (Do not Inthido court coetis or feffa for ocryfca.) PER CONTRACT I Check here if you need more ;ppdo. Afroch Pno shear of paper or Form MC -031 and wrNe 'SC -100, Nam J" of the top. F140mJ 4mmi 1, 9012 Plaintiff's Claim and GROES B0.10D, Papa 2 of 8 to GO to Small Valms Court —> (SrICII C16nin) [(�M-[lt=Lscr:. qo SBA 12500125 raluinGH (11vtimivl=]: 1-114LEY'S TREE I- t,ANDCARE, 151C. W 'You must ask the Defendant' (ire prarson, In [writing, air fa1c [ hcsfnot ec roaji 12au before lrmat sue. 1st ww a -focu :.loon;✓ WEa? p�q Yec L 1 iia If no, egnlain urhY nor, (5) Why -airp. VOU G)lli..ng Vow CMirul LiC M9 coeurQiouss? This courthouse covers the tapes fChe6h rhe ane f i raplfes) Q, i 1111 Where the Defendsnt lives or does 'business. (2) Wherd the Flarntifffa properf.v w4c damargod. (3) WhGro the RlEalntiff wan -injured. (4) VV6,dre a contract (written or opohcn) won made, signed, partormed, or bfoLon by the Ooiendont or where the Defendrant fivcd or'dld buninagn when the Defendant made the contract. 1), 0%). (Where the buyer or lasses signed the contract, IiMr-now, or rived whran the contract was made, It thle claim la about an offer or aontroe( for parnonol, famllj , or household goods, nervloon, or loans, (Code CIv. Noc., 395(6).) o.. I I Where the buyer oigned thb contract, liven now, or lived whom the contractvvoo made, if this claim is abotY a ratail lnetsllinent cunfraat .01ke a credit cnrdl. /Civll Cock, ra 12. r0.1 d_ [ I Where the buyer signed the contract, Ilvec now, or lived w6nn the contract was made, or Whore the vehicle Is !s permanently garaged, If thls cialm ie about a vehicle 11r%ance Bale. /Chill Code, 29844j s. [ ] Otrlsr fsp®cifyl: (G) list tha.Zip colo-- off o pias® CheCi5Eed iE,� (G) LphoVa (if you 4ni:wvl: 50275 (7) Us �louvdlakiri .6i>inut pan rattarno Client fee dis'P ute? I i Yao [xi filo tf yas, -tihd If ybu haus had brbirrarkh,' fr four Farm SC -101, arrach it to chis form and choch hare: ( t (a) Ara Vou suing a pubile a¢ntIty? ( 1 yea (91 No 11 Vac, you rrrusr rls a .wNtron, claim wlrh the entity first. [ ] A clalm was Enid on (dotal: if rlte.pirblld enP+Yy dani0s your claim or does not. ansinrer within the tine allow✓ed by law, you can Filo this form. (9) Have Vdei filed Moira thari 12 other small olWns within the Casa 92 tlmalliths fn Colo ocnia? [ I Yas 1)CJ Flo- if yos, the filing liso for rhls case will be hlghar. ( T0g .0 uhder.Jt6nd tuaat'bV piing a:a claim In sma9l 'claims Caltarlir 6 have no v9gfnt Co appenil 49aio COMM, M �) I have not filed, acid understand that I cannot rile, niiove ;hart tubo srr�lali claims cases for ri�ore than 52,500 In Califofni,a during this calendar year. I declarer under penalty of perjury under California Stare law, that the information above and on any attachments to this form is true and correct. Cate -.'O 011180012 STEVE FINLEY Waintlff rypos dr prinfs namo here a ngrtl signs trare a0eia; - �oCond B hr n' rypas or prnra name Aqra Sacand Raiat)ffatgra 6arc aques--ts ffor Ataniilr odatiions Aoalotiva Iletcnlnp ev&tema, compurar-advintad, ars sign ionoun(tn Iniarprster aervlcan aro nvallnbla itydu a6k lona[ 5 days baiura-U-)e alai. Coniact the clvrk'a offlca for Fairri Mr, -+l10, RequPcr tnririccammbdarinns by Parsons WI1h 8isabilllfe5 and Respvnso. (Civil Code, 54:8.1 J__n t, 201,3 Plalmiff's Claim ta6d 6§10tR 13c.9aa, papa 3 or G . t4 GO .to Sall Claims COUF1 —� (Small.Clalmal Wwmadlon goy Ma MbndeM (�4s p@man beowg auzQ °°�E,�ual0 �)1i0tr�1 G�e�rr� ' En a spot#ul ce"a�. +�u�es� ©la6ruo fop MOOD ov few deaidcd. A "'natural pem afr (oot a bmita= as public catty) a7mygeanwft €laun U,p to S1.0,000, islplut 115 a ODIC pp®,gs46 . (oc�_ MW1107 or 1ptiQsaa.)'lim pr"3E a.Is gbiok � cheap. The mWtu6u eirt!p160.14krSf¢ tsl. You are tha del=o:1t11w"x1`t pmon hilig ZFd. 71"he pwaun vwhe is sulao you is the Pfointiff. 0-4 G ROTA 13 lots av? Vow may 41ft.to a lar,.Tae binlom or aim eine cnaa: lout you racy wr havea let;vyor mpros.-ni yqu in coup (L l=- this la.ull SPRMl fru1va a aRI -all clafrro Casa). How d 0 0 got Mdy it 6WAq V(m dost't hada-te file.cr;r pzpm t .-_ your Me), Ludoan yE t;�isz}s 4his.l4 L11� { Court fb.r yea__CajG. BUt b_,Ano to your trial r?ny Wim--ses, W-aipta, am evidor a that supports yo1_"s assa. AM rmd "Be l qd Far `ra-1;^, Thal" tap7alrrj.c��.e�:��la�taddedadt�rlj„�� . MM, 641 � ora ta�� arrae::lt�4%®eta lfyou l7:evo a disability ci m hmrlug lsnpa,. ii11 tsitt Pam MC -410, Rai-das1 jrir Accoreraad aru. Give ft farm to your COW elrrtc ar the ADA/Acceas Cc.;rdinatn?, fto319 0 don't apoa(t Eioplioh vjo[D? bring an Qduk VAO-la r t ®V 426 is Int rur�t Cao yo% € 7 ash the caidre clout for P -n. In mvpg etcr of Ivua five days b11C v your -come data. A catu: aTivvided intupratgr mq nal la aavailmble or theta may be B fee f6v uaing a coon latcrpr star U1119Ea you quV4t f fnr.❑ .fba «!Vere Von vza�y T�� the:a�trrt for a list oTintaraaetorxa and also Ike App/dcordma}Faa Weulvvr of Court ReeD Card Costs (Coram .I' W.001). VAOM eaaa 0 oc`a.ism �Wtu t {�m�+ 0 Roc's? Go 0 any cmrsmholzu oupur ca.U00y law library, or p im fommn,a0; truth.ewe'cels,ee� a�vltrr�ddcdeaJratily*or°edrs, t,, a(; bappono air into t+yla0? 'City jtAt9g4 will lfa3 oo to boEh Wd=. 7`a a jedgA qm !!!tisk! a dociclonn at your I«121 GV mail &4'd=lolon W yam Isla?, What 171 I00outo C -MOT If you lora, you ma aural. vou'li bave La pay= a fee. (Plaaind Ma osLrtrrcat: awl !Ewes Qvr�a claims.) I C you won tat 6w Mal, fila! Form SC -140. jVatice of AppzcP. You must fila within 30 drays Aaftur lista 001 Novo opfbr�d? Veo. ?f you or@ l -Arty celed, you om: Gkfo3o �W r e-300 Lau'd-o ba VIGO.If you end tltg Ftplazrl a r l an fix -„.two coifta dhs case, both of you m srt (madly th-. count; paf_ th�'GuRdl Claim Adviser for help: (Marl, bubo a yasttr Mat explaining vrhy you; W& thin is th- vaung costrl. AHh thu cour¢ lap distnis tititl (lairs, Va1t Mot Serve (give) s copy of your letter (by mail tax in Via) to Uil poydau, (VOW later 10 the c-ou-a Mint sit yap heave dopa this ° pe W ap 491771 and Dif L” b ro. f1Qw rho. Bring VAM-mca, furtlpm. VRd uAy uridenae you rt to W`o'o your cue, To Erlaho oum t -m vrlW_,oe= go to the 311.GUt € UM SC -1 bis Md.(113 teat; T'All Ullbpacrta ((wear) 6h�vn t3 5% sear he plivsgn sn: a is OUIRO play. F110 Form SC,120, E�qf rrs Cda im.'i'tm CMML: fill,rg dG2AIIR% you n70t follow. ° Agruo WM Gia Fool ni ski o MOOR arced tilonsy=.Or, Ifyota rza'a» tip=r.y roc:,, g© to You.rt ial end =y you want iv rrLahe Mmarea, Lc1 &e coca ,adobmlV Ifyou don'ts --tile a- ad d=a not Do to the trial (darault), Mao judge may give 0iig Plaintiff arjW h.. ar 7x113 b Wkiatg Cor laibti Court eat, OCt111s happeets, the Pleiutiffca01 legally ta&o your t arimir weseu, end li rly to posy ,11to judsm - tr^j&fat lff I r nod. Unowu tlMO? Vo u: alsanS6 tea: rsial:dnto M4 ° You cmina l go tz colaa4 oto the vchaaduled &-ta (;Cosa !+viii hBVQ to pEay a I'ee to paew0ic the U401) C7 - You slid not get vw!til (molve this ordw tm Sp p cou ) ae Ioat1 I5-dgys lsgfeam tls3 triol (or 20 dcaye iFyow lve.Qaitilide ohs supea0y)-aP Moate nsad more ti - am .lco Beg ea ut"7avprater. One pastlrmtatla�3;1R is Effewed. end you will stat h[aue to i;my s reo to .0aby the. Wal, , Aqh die Small Claimer CieW uVout the rulaa and f6en Cor PoGtRouning a Hal, Of fill ©tst roar! 9C.- 150 for vift a 16ttaa+) cold ratnil it to thu (nearr, aaral t¢a ill othcr M@le llowd an your coma P bt!fbm tho de -Rina. Focicas a1 dveoh fw your coiln fi a, Mum a fl a vrjvea ural gmrlted. jladge'c d=- Is DCA 65010` If you wem nal Eit !rte trial, trill out and fib ForEt7 Ovour courry's 9mull Clouts Adv imr can help for f raj. St} 135, f7roddce Uf MOUOn to 14CCOU Jftdgi =rrP aFd Declaration. to ash the judge to cancel thn judgment (decision). If'tha judgc dna not give you a rt1i , trial, you have 10-deya to appzai the decision. Fite Foal,! SG -140. L- E For more iafmnatlan ca appcols, see. Or Eo to >nnv,Cao+rig,ca.�vlsa"�7dPCdoPrarslcdvascr terra.caa>�.ca:�sulnsnaalPc6�1r�I�,�,�,�, . "L'.-s�pila>m EhFltMa 1IM11a aPirty in W Wf1 n Quip a 110 0s4tr 12= Ccz!z CIV. Pty. y 1 lf=e1.17n cn Ctical I;-m;Zlo by n ruted tern far aumaced rat Ltlilyinjavt—_"Wcinp!tarneno,irr.11dOCrcl'-ya51,50timitcpplt:13If0rz(m-,ds=isco42rJtjGjnt4�uma6iteimc rr.r_1LV11>,tinrla-anduy to&f=1- IS= CCL- Cv.1r`-,x l lEsti1.j RVr=0i -ov IM 12 lals tlll�P0 01011ni and ORDER to tag 4o Smoot C161 wo Cou0+ or, -10e, P0006 or 5 (gsr121 0I0i'mm) _� u 'dot' Con" (CAMP) © (CCR) ❑ SK,%LL CLaR S �+af + G� sa uII�R7 (4'c(iG7G''s�tsL�].uuu]auj'�T STAirn.,]EPYT I he Small Claims Court Mediation Program of the Center for Conflict Resolution (CCR) and The California Academy of Mediation Professionals (CATAF) provides disputing parties with an effective alternative to going before the judge. As a fore service, CAMP/CCR provides trained, neutral mediators who help the parties talk through their dispute to find a solution to which both parties can agree. 11 the parties reach a settlement, the case is normally dismissed without the need for a court hearing. The undersigned parties agree to enter discussions and negotiations in an attempt to resolve their disputa. In order to promote communication among the parties and the mediator and to facilitate settlement of the dispute, all parties agree as follows: 1. The paries consent to the appointment of a mediator for the CFUU]P/CCR, to act as no in this meter CAMP/CCR is a non -prom organization funded by a grant from the Los Angeles County Dispute Resolution Program. Grant Contact: Los Angeles County dispute Resolution Program, DRP Grants Admin, 3175 W. a Street, Los Angeles, CA Tel:(213) 738-2621 2. Participation in this dispute resolution process is voluntary and may be terminated by any party or by the mediator at any time. 3. Mediation is a voluntary process for settlement nc-gotiation. In this conted, mediators act as impartial third parties exclusively and will not give legal advice. Each party agrees and ad nowledges that no attomey-client third party relationship is created between the party and CAMPICRi ; or any of the. mediator or any other person associated with CAMPICCR. 4. In order, to preserve the co�dentiality of this mediation, CAMP/CCR and they parties to this mediation agree that the provisions of California Evidence Code Sections 703.5 and 1115 through 1128 and California Code of Civil Procedure Section 1775.10 applies to this mediation. This means that, all communications, negotiations" or settlement discussions by and betwaen participants in the course of this mediation shall _remain conndebtial. No writings, evidence of anything said, or admission made for the purpose of, in the course of, or pursuant to this mediation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative -adjudication, civil action, or other non criminal proceedings In which, pursuant to law, testimony can be compelled to be given. However, each party further understands and acknowledges that evidence presented during this mediation may be verified outside of the mediation process and used as evidence in subsequent legal proceedings. 5. The mediator shall act as an advocate for the resolution of this dispute and shall use hislher best good faith efforts to assist the parties in reaching a mutually acceptable agreement. Each party agrees that the mediator and CAMP/CCR have no liability for any act or omission in connection with this mediation. 6. This Mediation/Confidentiality Agreement shall be admissible In any subsequent procz-adirg to prove the a xistenca of the agreement andlor enior�. said agreement 7. The neutral person (mediator) has no conflict of Interest In this case. a. For certisabta tow -income disputants and per contractor's fee policy, fees may not be accessed to certain disputants. If fees are charged, a copy of the sliding scale is available. 9. Disputants may eli to matte their written settlement agreements enforceable or admissible- a< law. 10. Disputants may of er the testimony of witnesses. 11. Disputants maybe represented by counsel during the proceedings, subject to the grantees policy and court rules governing such representation. 12. The mediator has the authority to terminate the dispute resolution proceeding if at any time he/she concludes that any disputant is uninformed or does not understand his/her rights or potential obligations; and it is the mediator's duty to encourage such a disputant to seek quaked legal, financial, or other professional advice 13. Due to court facility constraints, mediations may take place within surroundings that may seem less than confidential, but are not within earshot of those passing by. By Initialing below you are hereby agreeing your rights to confiidentiality have not been compromised by the area in which your mediation is ging conducted. D D 14. Should a party have a complaint, comment, or concern about the mediation services offered or the mediator, he/she should contact: Wendy Wright California Academy of Mediation Professionals ❑ 16501 Ventura Blvd., Suite 606 Encino, CA 91436 Phone: (818) 377-7250 Fax: (818) 78441836 Email: wandyQfirstmediabon,com Christopher Weld h Center for Conflict Resolution ❑ 7806"Reseda Blvd Reseda, CA 91335 Phone: (818) 705-1090 Fax: (818) 668-3094 E-mail: office@ccr4peace.org By signing this agreement, the parties acknowledge that they have read and understand the information contained herein, admowledge that California Evidence Code Sections 703.5 and 1115 through 1128 and California Code of Civil Procedure Section 1775.10 applies to this mediation, and acimowledge that It is the intention of the parties that any written settlement agreement prepared in the course of or pursuant to this mediation be admissible, once signed by the settling parties, as provided in the California Evidence Code - Case Plumber: �t '.. ] 'y Date: , Parjr J' i - 1 J Party Blame ' Signature --r Mediator(s) f+il�diator(s) y California Academy of Mediation Professionals (CAMP)❑ PLAINTIFF SMALL CLAIMS AGREEMEN Center For Conflict Resolution (CCR)❑ T CASE #: and j DEFENDANT (D) i THE UNDERSIGNED PARTIES, ON THIS V DAY OF ; ', ; , 1 , 20 SHAVE AGREED TO THE FOLLOWING SETTLEMENT OF THEIR DISPUTE: 5; � -4 ,_ �, � i. r�' `k,{ �. TfS ' ..tk_ �,. :�.'.! k I r 1 7 �� r •�'.,.. L �� i ` i•. i_ S 4 }. L 1 '4... i I i i�4 _ �"� i " :'.__I r t•�' {' �4 . I �' r, i i _—A 5.,' •1 I - "" _M1,�. ';) 4 1_-!�_ .1 (A 1 +'l l•�\� �' k 1�8'�y L•.Y S nJ .� i .J' ..0 t. 4 1. s 1 1 1• ci J", i k 'Case dismissed: Without Prejudice C�'` With prejudice Z THIS SETTLEMENT IS BINDING ON THE PARTIES IN COURT PURSUANT TO CALIFORNIA EVIDENCE CODE SECTION 1119. THE PARTIES ACKNOWLEDGE THAT THE FOREGOING TERMS ACCURATELY REFLECT THEIR SETTLEMENT AGREEMENT. THE PARTIES FURTHER AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. BY SIGNING BELOW, THE PARTIES EXPRESSLY AGREE THAT THIS WRITTEN SETTLEMENT MAY BE DISCLOSED IN A COURT OF LAW. UPON DISCLOSURE, THIS AGREEMENT MAY BE ADMITTED AS EVIDENCE AND/OR ENFORCED AS DETERMINED TO BE APPROPRIATE BY THE COURT. T Party i 1 8. 1 Party -7/ —71 Name j Signature _ 4r' } Mediator(s) Mediator(s) r Name } lid I Signature For any comments, concerns and/or questions with regards to this agreement or the mediation please contact one of the organizations below. California Academy of Mediation Professionals Center for Conflict Resolution 16501 Ventura Blvd., Suite 606 • Encino, California 91436 7806 Reseda Blvd. Reseda CA 91335 Tel: 818-577-7250•Far: 818-784-1836 Email: Wendy®firstmediation.com Tel: 818-705-1090 - Fax: 818-666-3094 • Email: office nccr4pence.ore If there are further problems or concerns about the service provided and the formal grievance procedure of each organization has been fully exercised please contact: Los Angeles County Department of Community and Scnior Services, Dispute Resolution Grants Administration, 3175 W. bei Streets Los Angeles, CA 90020 Tet: 213-738-2621 111 mdW j y } 1 e I w� yf P �tf S•7��.�, t4(- ^ ri P`�y � it _. / N 6 L 4 , .� �' wr. )1 •y'<' t\ +�Ly �5y "'{I _ 1 \ '�^��/ � r1 t-� R �r\�,�4^�..i.f��j r' N j'I Owl ^ t + •^+ ' \` `.`,ry.;.T ',^_\;.J rl =i��s.. y.t SV � Q r r f • f. J�e� ;J. .�� •p¢w��'�<I. JnP�j} :1 t`. 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W Jt.{iill�' il, ; F� I m - . v;prf. ft PI I I LAk. - - " , RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MAY 8, 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 1 Letter received from James Morrison 2 Letters from: Joseph Di Santo; Janet Yamamoto Respectfully submitted, Carla Morreale ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, May 7, 2012**. W:WGENDA\2012 Additions Revisions to agendad20120508 additions revisions to agenda.doc 1p City Council Rules of Procedure Commentary I have a concern with the procedure used in the July 5, 2011, meeting while considering the appeal of P.C. Resolution 2011-18. Accordingly, this is a request for consideration of not closing the public discussion before hearing from the Planning Committee when an appeal is involved. Background: We appealed the Planning Committee's decision to not remove ten Canary Pine trees located on Berry Hill drive and via Cambron. After public testimony was completed, the Council asked the Planning Commission Chair to comment. When asked if the subject of cracked sidewalks and curbs had come up during their hearings, he said that it had not. Fortunately, the Council did the right thing inspite of erroneous input. It was very disturbing to listen to and not be able to rebut inaccurate comments, given that the original Planning Committee decision in October, 2008, was to remove the trees. Part of this decision was based on the Department of Public Works recommendation to remove the trees based upon damage, and future damage to the sidewalks and curbs. In another hearing, Mr. Pio Perez requested removal of tree # 4, since he had to repair the sidewalk for $700 and it was cracking again. His garage floor was also developing cracks. He had written to the Department of Public Works three times requesting the removal of the tree. A copy of my commentary at the April 12, 2011, Planning Committee Meeting is attached. It included photos citing sidewalk upheaval, cracked curbs and proximity to two storm drains. Thank you for your consideration, and your efforts for continual improvement. Attachment: Jim Morrison commentary, RPV Planjning Committee meeting, April 12, 2011 �r ames Morrison 7284 Berry Hill Drive May 8, 2012 Subject: RPV Planning Committee Meeting, April 12, 2011 City Tree Review Permit No. 2008-0031 I believe the current recommendations stop short of permanent corrective action. Your earlier decision to remove the trees was the correct one. In addition to my prior comments, I submit the following: Trees# 1— 3: The current lacing does not improve the view. Topping or removal will. This would expose the private property trees that also contribute to view impairment. They can be addressed separately. To leave the trees as they are can only lead to each of the contributors citing the other's trees as the offenders. Picture dated April 11 attached. Tree # 6: The enclosed picture shows the proximity to the storm drain and current curb damage. A different location should be considered when it is replaced. Tree # 7: The enclosed picture shows that the same condition exists as with tree # 6. It just isn't as advanced, yet. Trees # 9 and 10: The picture indicates that in the near future, if not now, this segment of sidewalk will need to be replaced as the roots grow. As I understand it, this becomes the financial burden to the property owner; neither the adoptee nor the city. I thank the Committee and Staff for their patience and understanding throughout this exercise. Politics may be the art of compromise, but sometimes it doesn't work and you have to just do the right thing. Jim Morrison 7284 Berry Hill Drive April 12, 2011 FW: 7 Seacpve Phillips project appeal FW: 7 Seacove Phillips project appeal Joel Rojas Sent: Tuesday, May 08, 2012 8:16 AM To: So Kim From: Joseph DiSanto [mailto:jdisanto@mac.com] Sent: Monday, May 07, 2012 5:44 PM To: pc@rpv.com Subject: 7 Seacove Phillips project appeal Dear Commissioners: Page 1 of 1 -P2 I am writing in support of the proposed Phillips residence at 7 Seacove. I owned the property previously to the Phillips and received approval from the city for plans that called for a larger residence with greater height. Interestingly, in contrast to the reaction to the Phillips project, there was no opposition at all during the neighborhood compatibility or the plan approval process for my project. The Phillips have clearly tried to accommodate the concerns raised and have submitted a tasteful, understated design that is in keeping with the original eclectic nature of the neighborhood. I request that you deny the appeal and approve the application as submitted by the Phillips. Sincerely, Joseph DiSanto Palos Verdes Estates =:Z https://owa.rpv.com/owa/?ae=Item&t=IPM.Note&id=RgAAAADT 14dB6uXQSZ5UVM%2... 5/8/2012 FW: 7 Seacove project Case Number Zon2011-00242 Response to staff report Page 1 of 1 FW: 7 Seacove project Case Number Zon2011-00242 Response to staff report Joel Rojas Sent: Monday, May 07, 2012 12:05 PM To: So Kim Attachments: Planning Commision neetin-l.docx (17 KB) ; 7 Seacove petition of oppo-i.pdf (946 KB) -----Original Message ----- From: rjec@cox.net [mailto:riec@cox.net] Sent: Monday, May 07, 2012 12:01 PM To: pc@rpv.com Subject: 7 Seacove project Case Number Zon2011-00242 Response to staff report To Whom it may concern, A family tragedy has occurred that I must attend to and will keep me from attending the meeting tomorrow, May 8. Attached are my comments to Staff's report. Janet Yamamoto https://owa.rpv.com/owa/?ae=Item&t=IPM.Note&id=RgAAAADT 14dB6uXQSZ5UVM%2... 5/7/2012 WAMIMPA To: The Planning Commission Members: Date: May 07, 2012 Subject: Response to Staffs Report and Phillips Petition In response to page 6 of the Staffs Response. Staff is misleading the reader. 1. 1 Sea Cove was discussed once during the meeting, and was stated by those in attendance that this home was not part of the West Portuguese Bend Community Association. Staff never corrected the report to include 1 Sea Cove with the correct square footage. 1 Sea Cove was previously 6100 Palos Verdes Drive South before becoming a residence. 2. The issue I am pointing out is Mass/Bulk. Square footage to Lot Size, as was pointed out in the Meeting Notice of March 2, 2012. The Lot of 1 Seacove supports the Structure square footage. 7 Seacove remains out of perspective to all 20 of the homes listed in Staffs report. 3. Page 7, Staff does not agree that the structure is too long. Please review the aerial photos. All surrounding homes 9 Seacove to around the corner continuing to Clipper, all open up to the backyards. No home runs the length of the property. 4 In addition, Staff makes note that my correspondence references Mr. William Swanks' email which is dated before the modifications were made. The Swanks have been verbally and via email kept up to date as to what has transpired. I used Mr. Swank's mail with their concurrence and agreement to do so. In response to Mr. Phillip's Petition of signatures: 1. There is more than one side to a story. I commend Mr. Phillip's in gathering so many signatures and correspondences. First of all one must ask, what does "Do Not Oppose" on the Petition mean? What explanation did Mr. Phillips give them? Did he tell them that the Appellant opposes because he will set the precedence Lot Size Sq Ft. ratio 1 Seacove 16988 4925 29% 7 Seacove 10090 4515 45% The Lot of 1 Seacove supports the Structure square footage. 7 Seacove remains out of perspective to all 20 of the homes listed in Staffs report. 3. Page 7, Staff does not agree that the structure is too long. Please review the aerial photos. All surrounding homes 9 Seacove to around the corner continuing to Clipper, all open up to the backyards. No home runs the length of the property. 4 In addition, Staff makes note that my correspondence references Mr. William Swanks' email which is dated before the modifications were made. The Swanks have been verbally and via email kept up to date as to what has transpired. I used Mr. Swank's mail with their concurrence and agreement to do so. In response to Mr. Phillip's Petition of signatures: 1. There is more than one side to a story. I commend Mr. Phillip's in gathering so many signatures and correspondences. First of all one must ask, what does "Do Not Oppose" on the Petition mean? What explanation did Mr. Phillips give them? Did he tell them that the Appellant opposes because he will set the precedence by being the largest home in the community? He did not. I do not oppose the building of a home on the lot. I do not have an opposition to the current style of the home. 2. 1 too started a petition and originally decided not to include it because individuals listed would have their address open for public view. Put since they have already been, I have attached it. I stopped gathering signature at the very thought of how valid or productive would this be. The funny thing is I have some of the same signatures that Mr. Phillips has. 3. 1 called several people listed to ask them do they knew what they were signing. Several just wanted to sign off and have Mr. Phillips be on his way. One does not speak English very well, and had no idea what she was signing. Others did not want to get involved. 2 have written comments on the side of the signature saying the do not agree with the style or size. On thinking back they think they should not have signed. 4. 1 do not believe that 2 or more people per household should be in the total count. It is should be one per dwelling, same as we calculate our HOA votes. 5. 1 question the validity of this petition, as some addresses are not the actual property owners. 6. Please take note that all persons who took an active part in the Planning discussions were not included or were marked as neutral. 7. Letters of support: There are 3 letters from Walbeck, DiSanto and Rogge who are persons that do not live within or close to the Community. In closing I feel it is worthy to note that although Mr. Walsh the adjoining property owner at 9 Seacove has written a letter to not appeal, this was at the urging of Mr. Phillips Thus Mr. Phillips can give the appearance to all that Mr. Walsh is happy and fully satisfied with no objections. Since then Mr. Walsh is no longer living at the property. A man who was once a vibrant neighbor, enjoying the community is no longer our neighbor. My hopes are that each of you will evaluate the data. Realize that you will be setting the precedence for larger home expansions in the near future And give hope to the majority of residence that appealing a project is helpful and not just swept under the carpet and ignored. Thank you serving our community, Janet Yamamoto Petition Against the current construction plan at 7 Seacove Drive. We the undersigned are against the current construction plan at 7 Seacove Drive. This plan does not fall in inline with the West Portuguese Bend Community Association's Architectural Committee Guidelines for the following reasons. 1. Design is not compatible with the existing neighborhood character in terms of scale development. 2. Design does not minimize the appearance of over building substantially in excess of existing structures. 3. Design does not consider the fact that the neighborhood consists of many smaller, older homes. It does not minimize the obtrusiveness of this new residence. 4. Design does not consider the neighbor's existing views or respect the privacy of adjacent properties. Reference: Page 63 of the By Laws of West Poruguese Bend Community Association. LAks., RANCHO PALOS VERDES TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CITY CLERK DATE: MAY 7, 2012 SUBJECT: 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 8, 2012 Planning Commission/City Council joint meeting: Item No, Description of Material Councilman Duhovic's Revisions to his Proposed Changes; Emails from: Timothy Weiner; Dr. Timothy P. Scully; Minas Yerelian; Lowell Wedemeyer; John Sti[lo; Paul Tetreault; Eva Cicoria; Ken DeLong; Ken Dyda Respectfully submitted, Carla Morreale w:IAGENDA12012 Additions Revisions to agendas120120507 additions revislons to agenda through Monday atfernoon,doc RANCHO PALOS VERIDES CITY COUNCIL DRAFT LAST AMENDED: March 20, 2012 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 Heads/Employees 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 Werk Sludy Session Meetings 6 3.7 Media Attendance 64 7 3.8 Recess 7 3.9 Redevelopment Agency and Improvement Authority Business 7 3.10 Civic and Other Events 7 4. Duties of the Mayor 7 4.1 Election of the Mayor/Absence o F the Maw 7 4.2 Mayor Pro Tem 7 4.3 Presiding Officer -78 4.4 Call to Order -78 4.5 Preservation of Order -78 4.6 Point of Order -78 5. Order and Preparation of Agenda 8 5.1 Order of Business 92 5.2 Agenda Distribution 99 5.3 Agenda Posting 9 10 5.4 Minutes 91-0 5.5 Public Comments (see Citizens' Rights in Section 6) 9 10 5.6 Public Hearings 9 10 5.7 Consent Calendar 9 l 0 5.8 City Council Oral Reports 0 91-0 5.9 Actions Limited to Posted Agenda 4-011 -2- Subject Page 6. Citizens' Rights 4-0 U 6.1 Addressing the Council N 11 6? Pefsonal and Slanderous Refflaflis Conduct of Mmbgx5,_Qftl]g P0fic 4-0 -1 6.3 Enforcement of Decorum 412 6.4 Reading of Protests 12-2 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 4? 11 7.4 Majority Vote Required 4-22 13 7.5 Ordinance Preservation 422 13 S. Procedures Regarding Public Hearings 13 8.1 Introduction 13 8.2 Staff and Written Material Presentation 13 8.3 Public Testimony 4--; 14 8.4 Council Deliberations 14 8.5 Council Action 14 9. Boards, Commissions, aftd Committees and Subcommittees 15 9.1 Mayor/City Council Committee 15 9.2 Citizen Boards, Commissions, and Committees 15 9.3 City Council Subcommittees 16 10. Suspension and Amendment of These Rules 4-51 -to 10.1 Suspension 441-6 10.2 Amendment 441_6 11. Miscellaneous Rules 461 11.1 Motion to be Stated 4-6 17 11.2 Roll Call Votes 4-6 U 11.3 Silence 4-617. 11.4 Continuance of an Item 4-6 17 11.5 Personal Privilege 17 11.6 Motion to Reconsider 17 12. Rules of Debate 12.1 Mayor as Presiding Officer 12.2 Appeals 12.3 Precedence of Motions RULES OF PROCEDURE 1, AUTHORITY As provided by Government Code Section 368 13, 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 '"^°'_ beCnuncil_membet 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 itis/her designee and entered into the official minute books of the Council. The minutes shalljb-g-pregare+ 5 r,x itiously as possible and must be presented within 45 days of the meeting, These minutes hail be Cing, �-rscac rarirrcrscr�rncrr-oc 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 of the Council shall be governed by "Reber4— Rosenber 's Rules of Order:" ' �,,-er• &ever no ordinance, resolution, proceedings or other action of the City Council will be invalidated, or the legality thereof affected, by the failure or omission to observe or follow said Rules. In the event of a conflict between the City's Municjpa Code and/or_these Rules_of Procedure with Rosenbergs Rules of Qrder, tkte-provi_sjo of the V 4inici Ordinance and/or these Rules, as applicable, shall—eM 2.6 City Manager The City Manaer imports to and serves at the easure of the Ci. ouitc _I,_The City Manager shall attend all meetings of the Council unless excused, and in his/her absence, the Deputy City Manager or Acting City Manager shall substitute. The City Manager may make recommendations and shall have the right to take part in all discussions of the Council, but shall have no vote. me The duties of to City Manager shallinclude, but are not limited to, ensuriq that Qt Hall opgrgtes in the hist interes a the residents trd an open and rans arent manner The City Manager shall ensure that staff maintains and-imulcments the policies and direction of the Council. 2.7 City Attorney The City Attorney ppg5 to4nd serves at the measure 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 - MC 2 04.020 The City Council shall meet in the City Council Chambers located at Fred Hesse Community Park, 29301 Hawthorne Boulevard, for all regular meetings. Regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of 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 l}" is not a holiday. 2. When an official City holiday falls on the first or third Tuesday of any month, the meeting shall be held on the next succeeding day, " that is not a holiday. Only elesed sessions and wer4i sessions may be held between six p.m. and seven p.m. utiless a FegtdaF meeting is adjeumed to, eF a special b is ealled , agendawill be held dUFifig SUGh hOUFS unless the b ....1, sessieii held between eh 1,..uFs unless the _....__.. _ _ »g_.._.... PFO%'i'des. -5- 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 CeuneilmemCouncil mem —cm 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-,A"uc41hat 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 of the The notice for a special meeting must specify the subject(s) to be considered. In accordance with Government Code Section 54956, twenty-four hours notice must be given prior to the meeting; only the matters specified in the notice may be discussed at special meetings. 3.5 Closed Session Meetings — MC 2 4 0 0 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.I sed sessions shall be =s�ded-over bV the Mayor with the presentati-On-Qfinformation by the City-Attorney andlor Cit�Marlaget=and City Staff with discussion ancdecisions by the Ci +Council, in accordance with the provisions of the Brown Act. Closed sessions may be held between six p.m. Rndse�en p.m. unless a regular meeting is iij�4ttned LQ a-special meeting is-called, 3.6 k turfy Session Meetings Ihs city council shall bold a regularly scheduled awl �e dized Study Session meetingb�tween 6 pm and 7-am-at_She second regularly scheduled monthly City council meeting,_ The Council may meet i-n werl< for special Study Sessions meetings called by the Mayor or the majority of the G..,....,,:'..,,,..,w„_. r.1w&-i' members. W84k S udx Sessions are open to the public and are meetings for the purposes of the Brown Act. The nrimg purpose of the StudY Sessjon__is_ty provide an opportunity far the Council member-a-to interact freely nno_rm-and ask questions and disgtmi-pylic iv tems a - ndized for that s ecific Study Session, Council will also provide auidancetQ Staff regarding upcorning_agndgitems and tentative a s� Study Sessions may be held between 6L00 P Mand 7.00 P.M., provided the agend&iLp ted in the manneumvided by Government Code Section at eat ZlL urs / 3 dayLorior to the meetlbe takm-dudn&mLweFk atudy_Session held between such hours unless the age loss-o Moxides, W 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 unrcasonabl�interfere with the orderly conduct of the meetings. All meeting shall be televised and bradcalive during the meeting whenever possible and in accordance with the City contract with the company sMp.1y_ing broadcast services, a replay shall be broadcast on local TV aJenst one time during the seven (7) day_period following the meeting Archived recordings of Council meetings shall be Enaintained_bzthe City C eerk's office fora period of nat 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 Pates Verdes Redevelopment Agency and then as the Rancho Palos Verdes Improvement Authority of tlt =. 3.10 Civic and they Events If a quorum or more of the Members—of—the City Coun '1 will attend an event where City business will be i s , Council Members shall notify the City Clerk or City Manager so tltat� eh ryent can be noticed as a City Council meeting in acordance with the provisions of the frown Act. This does not include pure v social or ceremonial occasions for which the Brown Act defines the responsibilities ofelgeted officials. City ex enditure for other invited guests (as permitted by State law) must be approved by the CityCaPnd] at a r—egularly sche uled City Council meeting that is held in advance of the event. 4. DUTIES OF THE MAYOR 4.1 Election of the Mayor/Absence 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 Mayc�� servess Mavor at the t�Leasstre of the City Council, As a member of the City Council, the Mayor shall have all the powers of a member. Should the Mavor, for any reasQl,bje, or expect to be. outof Los r�geles Coin fora Period of?4 hours or Langer, lie/she shall notify the Mayor Pro Tem and the City Manager of his/her ex ecte absence and. theJVLayor Pro Tem will assume the Mayor's duties until the Mayor—has notified the Mayor Pro Tern and the Ci Managgr of hisllter return to Los Angeles County. The mayor/presiding officia must b"hysically present to conduct a City Council meeting: however. any Council menber (including t e ma s o e as ltelshe is not the presidint official) may participate telephonigallyjn accordance with the provisions of the Brown Act -7- 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote. The Mayor Pro Tem serves as Mayor Pro Tern 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 G..,tineiline•„until inenbgrs 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 Ce iieili„Amk- 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 en GeuneilniefflbeFSliv or on Co.uncil members, staff and/or citizens, shall coniine debate to the item under discussion, and shall discourage debate between Couneilmem Council members and persons addressing the Council. 4.6 Point of Order The Mayor shall determine all points of order, subject to the right of any member to appeal. If an appeal is taken, the question shall be, "Shall the decision of the Mayor be sustained?” ORDER AND PREPARATION OF AGENDA With the ad-,,iee e�the , , The City Manager prepares the agenda,ins under the if and anr3royal of the Mavor. This shall include the order and priority of agenda items, and the estimate -s, The City Manager will be responsible for providing an eattmate of the time'"* •-'hind be required for the City Council to review, consider and take action regarding each agenda item. In t ]le a>}s pieof the iy ayo , tiie Ma or r Tem will assume this reas the Cit �tiLrjlLs representative, The Mayor will provide a ropriate oversight to ensure that ale items are timely an er sport ive Whc needs o the residents. All other Council members shall be made aware of tentative agendas for upcoming meetings on a weekly basis. Care must be o ed so that the items .hat will be agenda designatedleted within the meetingCetineil , , along with peAinent faets and aftalysis to enable the City Council te makean-iRfeaned— de i i An Individual Ceti ei1Fna:,.. of diyidual Council members may request that an item of concern be placed onManager. agenda, the Couneilmembef N! may make thzan agenda by mal:in� suc request-d4eet4y to the City Council at a City Council meeting wider- the business item Burin agenda section entitled ` " and shall, as a eeuftesy, en a f.c„rm agenda, and ifthat _aetion is taken the 945, f`....neil also f. ..!r u e --u da Item ! request is seconded by one additiotiaLCouncil member, the ite►ta shall be olaced on a-- fin speeib- the re-al;enda. a iiieetini agenda agenda City bagenda ala uld the concern be deemed an emeraencv item, a rcquest may be directed to the Mayor for inclusion on the next meeting The City Manager is-r-esponsible for providing staff re orts - ith sound professional recommendations supported by thorough and impartial anal sis that ittclud s both tiros and cQ s regarding the recommended course of action, ready for inclusion in all CQunQ-il Agenda packages. Should occasions arise w re that is not possible, the City Manager will so advise the May_owho will then decide a cQurs Of Z—CAC—OTL 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 b. 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 C=bLif eilmei:nb r-sCouncil members as soon as practicable after 5:40 p.m. on the ThuFs bay=MLeaaegs-day preceding the Tuesday _meetinwhere that agenda will be considered. The agenda shall be posted on the bulletin board at City Hall and on tae City website at the same time that it is distributed to the City Geunc-s. '�agendff is distributed to Eauneilmeifibers afteF 5.:30 -p.m.,4heCouncil mem ers. The full agenda packet, including sta reports, shall be made available to the public in accordance with the provisions of the Brown Act anc 1iYyPs1in-it on the City's website within 24 hours of delive of-lhe packets to Cou dl -members. Agenda packets shall be delivered to Council members not later than -3-a" prior to the scheduled meeting. 10 5.3 Agenda Posting The City Clerk shall post, in a Iocation that is freely accessible to members of the public and on the City's website, an agenda at Ieast 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 1Viy��believes will not require Council discussion and are considered ministerial, routine, ander of a periodic or recurring nature. The Consent Calendar-aksie-may contain resolutions confirming prior Council action. ': however. the Consent Calendar is not for new pelieies items that have not been discussed previously by the City Councils ch 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. G HHe r5Cauncil 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- 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 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. The following shall apply: (a) Each person addressing the Council shall step to the podium and give tht4F his/her name for the record. (b) Each speaker is limited to three minutes on Public Comments as provided in Section 5.5. All remarks shall be directed to the Mayor and Council as a body and not to any particular member. (c) No person, other than members of the Council and the person having the floor, shall be permitted to enter into the discussion. (d) No question shall be asked of Council m-emberaCouncil ine_inbers 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 slumber of people requesting to speak, the length of the agenda, or the business of the G mie4.- uracil provided, however, nos ealcel'5 time limit shall be reduced to less than t y—-ninutes. 6.2 Pe -soma and Sla aeFeus Remarks Conduct of Members of the Public No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, profane or abusive language, personal, impertinent or slanderous remarks, whistling, stamping of feet, booing or other acts which disturb, disrupt or otherwise impede the orderly conduct of any Council meeting. Applause will be permitted, as deemed acceptable by the Mayor, except during public hearing items. Any person who conducts himself or herself in the aforementioned manner shall, at the discretion of the Mayor or by a majority of the Council, pursuant to a point of order requested pursuant to Section 4.6 of these Rules of Procedure, be barred from further audience before the Council during the meeting. The Mayor shall request that a person who is breaching these rules of conduct be orderly and silent. If, after receiving a warning from the Mayor, a person persists in disturbing the meeting, the [Mayor shall order the person to leave the Council meeting. If such person does not immediately remove himself or -11- 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 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. Disobedience of any lawful order of the Mayor which shall include an order to be seated or to refrain from disrupting the meeting by addressing the Council from the audience. 4. Any other unlawful interference with the due and orderly course of the meeting. 6.4 Reading of Protests Interested persons or their representatives may address the Council for the reading of protests, petitions or communications relating to the matter under consideration if a majority of the Council agrees that the person should be heard. Such presentation shall be subject to the time limits that have been established for addressing the City Council. 6.5 Written Communications Any person(s) may submit written comments to the Council either directly or through the City Clerk or City Manager's office and request that Council receive copies in the agenda packet provided such written comments are received in sufficient time to include them in the agenda packet. Written communications may consist of letters, facsimiles or messages received by electronic mail. Written communications that are submitted after the agenda has been distributed to the City Council will be distributed to the City Council as late correspondence. 7. ORDINANCES, RESOLUTIONS AND CONTRACTS 7.1 Document Preparation The content and form of all ordinances and resolutions shall be approved by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council or prepared as may be required by law 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- 7.3 Ordinance Introduction/Adoption A proposed ordinance will be read by title only unless ao ncil 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 of the total membership of the City Council, pursuant to Government Code Section 36936. An urgency ordinance must be adopted by at least a four-fifths vote of the City Council, pursuant to Government Code Section 36937. (NOTE: Motions and any other matters not involving any of the above actions may be adopted by a majority vote of the Council Members who are present.) 7.5 Ordinance Preservation Following adoption of an ordinance, the City Clerk will assign it a number and post it according to state law. All ordinances are filed and preserved in the City Clerk's Office. 8. PROCEDURES REGARDING PUBLIC HEARINGS 8.1 Introduction The Mayor announces the subject of the public hearing and declares the public hearing open. 8.2 Staff and Written Material Presentation Staff summary report, which shall include the findings and determinations that the City Council is required to make, included in the agenda packet is received and filed. Written comments (e.g. protests, etc.) are noted for the record. 2. Written material not in the agenda packet, if any, is received and filed. 3. Oral staff report, if any, is presented by a staff member, unless waived by the Council. 4. Staff responds to Councilmember questions. Prior to hearing public testimony or comments,' -eutiei'fiieni {e - Council members are encouraged to raise questions or identify issues of concern that they may have, which may assist members of the public to focus their comments upon those questions or issues. However, Ceeiieiifnefnbe-sCouncil 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- $.3 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. 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) pa paflt-s- artici.paiits must speak from the podium; (b) that theThe normal time limit for each speaker is three minutes; (c) #hat ieiiB-egetjlJJon should be avoided; and, (d) that akeF e •ers 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. Asspeaker whQis in attendance at the meeting and who ed _a caker's slip h I be oermito assign his—time tQanother sneaker. No individuaQeaker shall speak for more than 15 minutes. 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 questionsap sed by speakers after the completion of the speaker's testimony. b. Council will generally reserve questioning of individual speakers until after the completion of the speaker's �vmments. 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. ?. The Council may ask additional questions of speakers and/or staff for clarification. The Council will then debate and/or make motions on the matter. 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. r-..,.nEiinier,b--F Quncjl members should strive to avoid repetition. G,.unei'me.,.k� Council members may be permitted to ask questions of each other or debate relevant issues as part of their deliberations. Council members shall r&frain from whisp-gxjng-or SEE sztherwise comttlt icating with aneanother in an inaudible manner. All comments rttasie 1Ly Csuncil members should be public and made into the microphone. 8.5 Council Action Council may, at this point, continue the open public hearing. (a) This should be done if any additional information is requested (e.g. a staff report),_ r f a_de itianal_f tr sir 'tdcas have bcen-mj y Council members that were not ra _scd b, l� 'c s _ e r the staf�p and t at I.jave mating on the item. Members of 13e public shall be eiven additional -opportunity to comment on such new facts information 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 raisel after the public hearing has been closed.) 9. BOARDS, COMMISSIONS VM- COMMITTEES ANI) SUBCOMMITTEES 9.1 Mayor / City Council Committee At the first or second meeting in January of each year, the Mayor shall appoint Geuneilfnepah^~ncounci! members to serve on various committees c -h= ltat require a Council representative. 9.2 Citizen Boards, Commissions, and Committees Creation The City Council may create boards, eemmissiens, or committees to act as in an advisory capacity beaHk to the Council. Commissions are . iven the at,-th_ariiy to act withintheiussign-ed scgp_e of Writdiction subject to-ap eal to the City Council. 2. Appointments The City Council shall make appointments to citizen City -boards, commissions and committees. All committee and commission applicants will be interviewed by the City Council at a public meeting. nda pointed by a Council Majority. Committee and Commission members may be rcnmed for cause upoiLa public hearing and maWjr vote by the Council, 3. Duties Other than the Ean' Commission whose d to ies are specified in the Munici ani Code and the Ca ni o_v_ei tte primacy -W s2 e of Ci Boards. Commissions aadmm Coit= is to act in an advisorv�aoacity to the City CouridL -15- Tl1e i_ Council shall nrovide specific direction to each commission ar committee as to what tasks os=iects until a '-e c ikon ar committee ta_accomplish. [twill also define the method for said commissions or committees to report back to the Cit�C ut i�l on t eir respective accomplishments The CityM_anager shall assia staff member to assist each commission or committee and to provide necessary support. S o�j the City Mana,cr betieve that requests of staff time and City resources are either iliappngpdate or excessive, the City Manag r Mgred-ust direction/action from the City Council far resolutipn. -3-.4. Dissolutlon Except as provided by the City's Municipal Cade, the City Council may dissolve an e:•" b amdy cvTimaioir, ci:cSiisii'44e-e- ifthe focmc'-it finds that !he p- Of the add - n,fld i dissolve an exisitin board. commission_ or committee i the C y t cit finds that the psi o. e- of the advis.Q!YJJbQard. committee or commission is nQ longi necessary or real iced. City Council Subcommittee Cit�Council -Hoc and Standin#>-Subcamtuittees maye created by the City Council from time to time tion and report back to the full City Council. The City Manager shall provide staff supportas deen7ed_aR rltzrtate by the City Council in achievine the specified aoa1, Cit y Council _Subcommittees shat be cnrnpased of two City -Council members. TimelySubcommittee Reports shall be e full conveyed to the, Cit�=Co_unci) Burin the Council Repo s section of the Council agenda The City Council Ad--HQP. and Standing Subcommittees will strive to keep allCouncil members and the public apprised of Council Ad -Hoc and Standin_Subcammittees' actions and accomplishments. 10. SUSPENSION AND AMENDMENT OF THESE RULES 10.1 Suspension Except as required by State law, any provision of these Rules not already governed by the City's Municipal Code or the California Government Code may be temporarily suspended by a majority vote of the G..,..Reilifleffl cQwlpcil member$ 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 intFedtieed inte the reeE)F r at a pFie f aced Qn an apitdsLa Regular Business item at a nQt iced Citv Council meetin`nd the public is affor the if . +tln'1 I 11. MISCELLANEOUS RULES 11.1 Motion to be Stated The City Clerk shall state all motions submitted for a vote and announce the result. -16- 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 be€are-the "Na�41 are-eal-led , a roll call vote shall be taken on any motion before the Council. The Mayor Pro Tern's name shall be called second to Iast 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 f3arii+,—, a collective vote (Ayes and Nays), silence ar abstention of any meffibeFS Council a ber sldenotes an affirmative vote. 11.4 Continuance of an Item 1. Continuance by a GeuneilmembeFCQ mcniember 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 r,,.,neil.,,embe. a ci nae_m r 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 e€ 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 Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the integrity. character, or motives of the Councilmember is in question, or where the welfare of the Council is concerned. 11.6 Motion to Reconsider A motion to reconsider any action taken by the Council may be made in accordance with the following: The motion must be made by a member of the prevailing side, although it may be seconded by any'- euneilmei:a Council member. -17- 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 Couneilmember. 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: Motion to Amend A motion to amend is debatable only as it relates to the amendment. An amendment that modifies the motion is in order; however, a substitute motion is in order if the intent is changed. Amendments are voted on first; main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time. 2. Motion to Postpone A motion to postpone indefinitely is debatable. If such a motion is adopted, the principal question is lost. A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. 3. Motion to Table A motion to table is undebatablen de able 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. 4. Motion to Call the Ouestion mlC+I�F11 •7TTi iffM o rtlRe 11W: • 1t-GFff1 I • r - � • �" n• •� • •1 •. - r - �i - � • • • the floor cont' 901 From: Timothy Weiner [timweiner@gmail.com] Sent: Thursday, May 03, 2012 10:30 AM To: epc@rpv.com Subject: Proposed Protocol for Appointed Committee Members Attachments: Protocol-as-proposed-by-Council.pdf Dear Fellow Emergency Preparedness Committee Member: As you may be aware, the City Council is circulating a document entitled "Protocol for Elected Officials and Appointed Commission and Committee Members." A copy is attached for your review. A subcommittee of the City Council had previously planned to meet with us to get our input on the proposed protocol. I was informed yesterday that meeting has been canceled. Accordingly, I have directed Tracy Bonano to include discussion of the proposed protocol as an item on our May 17, 2012, agenda, with the hope that we can provide our input to the City Council prior to its May 29, 2012, meeting. As a resident who has been appointed to a city committee, the proposed protocol affects you. Specifically, the proposed protocol will (if adopted in its present form) place certain restrictions on you because of your position on the Emergency Preparedness Committee. Some examples: 1. The proposed protocol will prohibit you from identifying yourself as a member of the Emergency Preparedness Committee — even for informational purposes only and with an express disclaimer that you are not speaking on behalf of the committee — when appearing or testifying before any other governmental bodies without the express consent of the Rancho Palos Verdes City Council. (See Section III, paragraph (a)(17).) 2. The proposed protocol appears to prohibit members of our committee from actions that are either undefined, or stated so broadly as to make the definitions completely subjective. For example, the proposed protocol states that a committee member may not make "personal comments that are not germane to the issues before the Council (or City Commission or Committee)." No definition is provided regarding what is and is not "germane" to a particular discussion. (See Section III, paragraph (a)(7).) Similarly, the proposed protocol states that committee members must "[a]ccept as a personal duty the responsibility to promote this City's business with professional competence, fairness, impartiality, efficiency and effectiveness," but does not define what constitutes "competence," "fairness," etc. (See Section III, paragraph (a)(13).) The next to last paragraph of the proposed protocol states that 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." (Emphasis added.) Because it appears that violation of any of the terms of the proposed protocol could be used as justification to remove a sitting committee member, I urge you to read this document carefully and be prepared to discuss it during our meeting on May 17th, so we can provide our input to the City Council. Thank you in advance for your consideration. Looking forward to seeing you on May 17th. Best regards, Tim Weiner Chair City of Rancho Palos Verdes Emergency Preparedness Committee 5/3/2012 Page 1 of 1 IJ From: tpscully@aol.com Sent: Thursday, May 03, 2012 12:14 AM To: cc@rpv.com Subject: Rules & Procedures Honorable Mayor & Council Members: I am having a great deal of difficulty coming to grips with the proposed Rules and Protocols that have become the centerpiece of all council action. First, each of you was elected individually to serve the population of Rancho Palos Verdes. You were elected because those voting saw each of you as an independent voice representing the people. With the proposed Rules and Protocols the agenda for each meeting is being hijacked by the City Manager with what appears to be consultation with the Mayor. The City Manager is hired to handle a wide variety of issues. I see the City Manager's issues being handled through consent calendar items with absolutely no necessity to control the overall agenda. This direction is disingenuous on the part each of you that have been elected to exercise your abilities to guide the City. From what I have seen and heard, Ms. Brooks seems to employ The Tsunami Protocol when making her positions known. This Protocol provides that she completely overwhelms those with whom she is dealing with non-stop wave after wave of her take on all issues. This somehow concludes with the implication that those who are not in agreement are the unwashed, dumber -than -dumb, and no doubt one of those 99%ers. It is virtually impossible to stop a tsunami, but with preparation its impact certainly can be lessened, or in this case nullified. For some reason, I am getting the feeling that if this direction is not curbed, we will be returning to the `Long Part Deux` form of governmental attempt at despotism. Why do you want to do this type of thing to yourselves? This should not go forward Dr. Timothy P. Scully 32510 Seahill Drive Rancho Palos Verdes, CA 90275 From: Minas Yerelian [yerelian@gmail.com] Sent: Thursday, May 03, 2012 3:05 PM To: cc@rpv.com; pc@rpv.com Good Day. It is important to note that when ever a city council including the mayor wants to put an item on the agenda, have that item in position of the city manager for at least 30days, so there is no last minute RUSH for approval and staff report.. All items must be posted for the public too view. A list of items and the ROTATION ( picking numbers 1 to 5 ) that I have suggested, helps the . staff to get the report ready ahead of time, and gives every C member an equal chance to place agenda items. Priority is for CC 2012 GOALS AND PRIORITIES, and city official business. In regards to the writing of the agenda. Forming a committee the Mayor and two council members to write the agenda on a rotating bases. let me explain, the mayor is always there to participate in writing the agenda, the other 4 members between them have 6 combinations a- 1--2 d- 2--3 b- 1--3 e- 2-4 c- 1-4 f- 3-4 pick the group that will starts first a b.... Then each council member will pick a number (1 to 4) based on the number picked you find your group that forms the Agenda writing committee. If the rotation is based on 8 moths period, each group gets to serve one time during their 4 years term, except for the mayor. What I have described above in both instances is mathematics not politics, each C member will get a chance to serve equally, except for the mayor. When a council member is voted in to be the new mayor, the old mayor and the new mayor switch places, and the rotation continues. Keep the writing of the agenda in the hands of the elected officials. By the time this is done, and if implemented (six months passed) a six month months rotation give's a chance to this city council to serve equally to the end of the term. M Yerelian 5/3/2012 From: Minas Yerelian [yerelian@gmail.com] Sent: Thursday, May 03, 2012 3:14 PM To: cc@rpv.com; pc@rpv.com Regarding the May 8 2012 joint meeting. This is special session. This joint meeting was initiated for the sole reason for a discussion between the CC and the PC Since Council woman Brooks wants to limit the joint session to one hour. It is not a good idea to have public speakers at this meeting, that will interfere and interrupt the purpose of this joint session. M Yerelian 5/3/2012 FA From: Minas Yerelian [yerelian@gmail.com] Sent: Friday, May 04, 2012 12:41 PM To: Paul Tetreault Cc: cc@rpv.com; pc@rpv.com Subject: Re: Commissioner Tetreault You were very generous to give up your position and the seating to the Mayor and CC in the last meeting to conduct the joint session, very honorable of you. But you as the chairman of the PC invited the CC to your meeting, you as the chairman should be conducting the meeting jointly if you will with the Mayor. This session was intended for sole discussion of the rules of procedures & CC and Commission/committee. PC sits in their meeting seats ( so there will be no disruption when the joint session ends You can continue your PC business) and the CC sits at an extended mirror image seating of the PC seats, forming a semi circular setting facing the center, no podium no speakers so the public will be able to see all PC & CC during the discussion. Let the public speakers do the speaking at the next CC meeting if the Mayor wishes. (he can announce it at the beginning of the joint session.) M Yerelian On Thu, May 3, 2012 at 5:11 PM, Paul Tetreault <Daulgagaianianlaw.com> wrote: Minas Although I cannot guarantee it because the Mayor will run the meeting, I intend to allow as much time as any commissioner wants to speak to these items. I will be discussing this with the Mayor on Sunday. If Member Brooks wants or needs to leave early there will still be a quorum of the CC remaining. Paul Sent via BlackBerry by AT&T From: Minas Yerelian <yerelian@,gmail.com> Date: Thu, 3 May 2012 15:14:28 -0700 To: cc@Kpv.com<cc(&pv.com>; pc(a rpv.com<pc(iDrpv.com> Subject: Regarding the May 8 2012 joint meeting. This is special session. This joint meeting was initiated for the sole reason for a discussion between the CC and the PC Since Council woman Brooks wants to limit the joint session to one hour. It is not a good idea to have public speakers at this meeting, that will interfere and interrupt the purpose of this joint session . M Yerelian 5/4/2012 From: Lowell R Wedemeyer [lowell@transtalk.com] Sent: Sunday, May 06, 2012 11:41 PM To: cc@rpv.com; pc@rpv.com Subject: Comment on Rules for Setting City Council Agendas Attachments: COMMENT ON PROCEDURAL RULES FOR SETTING AGENDAS 2012-05-06.docx Honorable Mayor Misetich, Council Members, Hon. Chair Tetrault and Commission Members: RE: Joint City Council and Planning Commission Meeting, Tuesday, May 8. Appended is a comment concerning the issue of rules for setting council and commission agendas. This comment is strictly in my individual capacity as a citizen and definitely is not as Chair of the Storm Drain Oversight Committee. The Oversight Committee has not yet had a meeting where the issue was on its noticed meeting agenda. Permit me to remind you all not to forward my comment to any other members of the Oversight Committee to avoid inadvertent violation of the Brown Act. The issue has been noticed for the Oversight Committee meeting agenda for Wednesday. Lowell R. Wedemeyer 5/7/2012 COMMENT ON PROCEDURAL RULES FOR SETTING AGENDAS Joint Meeting of City Council and Planning Commission, Tuesday, May 8, 2012. Mayor Misetich, Council Members, and Planning Commission Members: I am Chair of the Storm Drain Oversight Committee but I am submitting this comment strictly in an individual capacity. The Oversight Committee has not yet held a meeting with this topic on its agenda so I could not discuss this with the Committee without violation of the Ralph M. Brown Open Meeting Law. The Committee as a whole, of course, has not debated or adopted any position on this issue. I address here the rules and procedures for setting agendas. You all are familiar with the pressures of your City positions. Nonetheless, I will frame the issue at the City Council level with a brief description of the unavoidable, unremitting pressures of setting and managing meeting agendas. The agenda -setting issues for Planning Commission and City Council are quite similar, though with substantial differences in degree because of the plenary jurisdiction of the Council versus the limited jurisdiction of the Planning Commission. As always, this Comment addresses issues of public policy only. It does not address or criticize any Council Member, Commission Member, or City Staff member. Council membership is essentially a volunteer, unpaid position. Each Member also has a day job and a family. There is a strictly limited amount of volunteer time that City Council Members can devote to council meetings. [There also is a limited amount of time that Council Members can spend outside of meetings, but that poses different issues that are left for another comment.] There is an impossibly large volume of written and oral information and demands directed at Council Members. The information flow is akin to drinking from a fire hose. -- it is impossible to drink without drowning in the absence of at least one powerful control valve. Wedemeyer Comment on Rules for Setting Council Agendas, 2012-05-06 Page 1 The Council's meeting agenda generally serves as its main control valve. At least six people are trying simultaneously to operate that main control valve -- five council members and the City Manager. Only one of those persons, the City Manager, has a full time, paid job dealing with the massive flow of information. POINT 1. Never should any City Manager ever be given discretion to control the Council's meeting agenda to the exclusion of City Council Members. No individual Council Member can ever hope to spend the amount of time setting the agenda that the City Manager can and does. This creates a powerful inducement, even a sense of necessity, for the Council to delegate the setting of Council meeting agendas to the City Manager who has the time and is paid to do it. THEREIN LIES GRAVE PERIL TO DEMOCRATIC GOVERNMENT, REGARDLESS OF WHO HOLDS THE POSITION OF CITY MANAGER. Why is there peril? There is peril because who sets the meeting agenda controls the debate. This is true of any meeting, but it is especially, harshly true in California government meetings. Under the Ralph M. Brown Open Meeting Act, who sets the agenda is exercising the power to criminalize debate of any and all topics left off the meeting agenda. There is peril because who sets the agenda also chooses the public policies and priorities that actually are implemented by the Council and the City. Only that which appears on the meeting agenda gets meeting time and attention. That which does not appear on the agenda gets a zero priority — omitted matter is affirmatively prevented from receiving majority attention both during and outside a meeting because of the criminal strictures of the Ralph M. Brown Open Meeting Law. There is peril to democratic government because elected Council Members are excluded by a non -elected City employee from operating the most powerful control valve in the government system. When the task of setting the Council agenda is delegated to the City Manager, then the City Manager is given the very real, practical power to limit the speech of Wedemeyer Comment on Rules for Setting Council Agendas, 2012 -OS -06 Page 2 elected Council Members by the inherent threat of criminal penalty for attempting to debate that which the City Manager has chosen to omit from the agenda. There is peril of impaired accountability of the City Manager (and the rest of the Staff) to the City Council. This is because the City Manager can avoid scrutiny and debate simply by excluding potentially embarrassing topics from the City Council's agenda -- or by delaying those topics indefinitely. Have you asked yourself, "How did things go so wrong in the City of Bell and other small cities?" How did the City Manager of Bell obtain the practical power to dominate the City Council? Almost certainly the city manager was a master at manipulating the meeting agendas. This enables a city manager not only to control and limit city council meetings, but also to strictly limit council members' communications outside of meetings under the criminal threat of the Ralph M. Brown Open Meeting Law. Because of these grave perils, I urge the City Council to jealously preserve its prerogatives and its discretion to control its meeting agendas. There certainly can be a safe procedure, even a necessity, to obtain the suggestions of the City Manager as to agenda items, but never should any City Manager be given discretion to control the meeting agenda to the exclusion of City Council Members. It is efficient and easy in the short term to delegate the setting of agendas to a City Manager. The temptation should be resisted because of the perils. Better to suffer less efficiency in the shorter term to prevent disaster in the longer term. POINT 2. Council rules must provide opportunity for Members who are in the minority (either on a single issue or on a broader split within the Council) not only to make a bare offer of items for meeting agendas, but also to explain their proposals on the merits so as to have a meaningful opportunity to lawfully build a majority. The Council Rules must not enshrine a tyranny of a majority with the power to insulate themselves from meaningful comment or debate from minority Members. Wedemeyer Comment on Rules for Setting Council Agendas, 2012-05-06 Page 3 Just as a city manager can control debate and can criminalize dissenting speech of elected Council Members by omitting topics from the meeting agendas, so also can a mayor or a council majority. This is a much, much more difficult issue in practical operation. This is because our government operates by majority rule. It can be difficult in practice to distinguish between appropriate majority rule and tyranny of a majority (or just self-satisfied blindness of a majority). Here the best operating solutions arise from cultivating collegiality, mutual respect, and self-discipline among all Council Members. You already understand and work on this idea with "team building" seminars and your remarkable effort to identify a set of priorities. These solutions require not only self-discipline of the majority to give respectful opportunity to the minority, but also self-discipline of the minority to avoid bogging down agendas with endless arguments that are unlikely to go anywhere. These ideas may sound too utopian to be practical, but they have operated with significant, even remarkable success in the past in Rancho Palos Verdes and they still can. On this point I urge that the Council keep in mind the rule that is drilled into medical professionals: First do no harm. I urge that you all carefully consider the very real potential for abuse that is inherent in rules that restrict meaningful opportunity of the minority to place items on meeting agendas — especially given the Ralph M. Brown Open Meeting Law. Consider also that the genius of democracy is that it allows discontent and new ideas to bubble up from a minority to become reform. Rules that restrict access of the minority to open, public debate in meetings deprive the People of one of the most important mechanisms of democracy. Yes, democracy is messy and inefficient, but that is one of the mechanisms through which democracy enables reform without violent revolution. NOTE: So as not to leave you in suspense, I think the Ralph M. Brown Open Meeting Law as it now exists is a clever experiment that has proven to be disastrously bad public policy in actual practice. This is because it prevents essential communication among elected representatives of the People on the very topics they were elected to address. It is a Wedemeyer Comment on Rules for Setting Council Agendas, 2012-05-06 Page 4 significant contributor to legislative gridlock. A majority can insulate themselves and prevent debate by simply refusing to allow an item on the agenda. Why reason with your opponent when you can just deny a place on the meeting agenda and automatically invoke the threat of criminal prosecution if the minority even talks to you about the issue at a public or private meeting? So far as I have heard, no other State of the Union has followed California's lead on this draconian Open Meeting Law that criminalizes speech of elected representatives on matters of public interest (though I have not done a detailed search of other States' laws) . Nonetheless, the Open Meeting Law is in force so we at the local government level in California must abide by it as long as it remains California state law. City Council rules on setting agendas should be framed with awareness of the abuses that are enabled by the Open Meeting Law. Lowell R. Wedemeyer Wedemeyer Comment on Rules for Setting Council Agendas, 2012-05-06 Page 5 From: John Stillo [mailto:johnstillol@cox.net] Sent: Sunday, May 06, 2012 12:16 PM To: cc@rpv.com; pc@rpv.com Subject: Protocol for Elected Officials and Appointed Commissions and Committee Members Honorable Mayor, City Council and Planning Commission members: I am submitting my comments and suggestions regarding the draft document entitled "Protocol for Elected Officials and Appointed Commission and Committee Members". While I serve on the Finance Advisory Committee, the following reflect my personal thoughts regarding the document draft and do not reflect the views of the Finance Advisory Committee: General: Throughout the document the City and/or its officials are referred to as the "municipality", the "City" or the "local government". I would suggest using the word "City" consistently throughout the document. II. Introduction: "As a matter of practice, this policy should be read and reviewed periodically by all members of the City Council, the members of the Planning Commission and members of the other City Commissions and Committees." This paragraph seems to be more of a guideline or suggestion. The City Council may wish to consider a practice that would require key members to sign an annual certification that they have read the Protocol and attest to their understanding and compliance with the document. III. 5. And 11. These paragraphs seem similar and might be combined. The last word of paragraph 11, "disability" seems improper. I suggest deleting the word "disability" and insert the words "scheduling conflict" Ill. 18. It is unclear whether this paragraph requires written disclosure of potential conflicts of interest. The City Council may wish to consider a practice that would require key members to provide annual written disclosure of significant relationships such as directorships, officer positions and investment holdings. Respectfully submitted, John F. Stillo From: Carolynn Petru Sent: Monday, May 07, 2012 8:13 AM To: Carla Morreale Cc: Teri Takaoka Subject: FW: Written Comments for Joint Session of CC and PC on May 8 Attachments: RPV Planning Commission Memo re City Protocols (Updated Comments).pdf; RPV Planning Commission Memo re City Rules of Procedure.pdf From: Paul Tetreault [mailto:paul.rpv@gmail.com] Sent: Monday, May 07, 2012 12:27 AM To: Joel Rojas; citymanager@rpv.com Subject: Written Comments for Joint Session of CC and PC on May 8 Attached are my written comments for the Joint Session this week relating to the proposed Protocol and Rules of Procedures for the City Council. They may be distributed to all members and made available to the public. Paul Tetreault 5/7/2012 CITY OF RANCHO PALOS VERDES RULES OF PROCEDURE ADOPTED MARCH 20, 2012 Comments and Recommendations Submitted by Paul Tetreault May 8, 2012 5. ORDER AND PREPARATION OF AGENDA With the advice of the 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. Comments: The goal is to prevent the overloading of staff and the public with excessive agenda items being placed onto any given City Council agenda. My concern is that Rule 5, above, unduly restricts the ability of a member to put items onto the agenda. The goal of the council regarding the overloading of the agenda can be accomplished through scheduling of the items a member submits to the mayor and city manager. The city manager should have the discretion to determine when items requested by the members can be properly prepared by staff and placed onto an agenda given the course of business and the agreed priorities of the city council. In the event that a matter requested to be placed on the agenda is presented as worthy of an expedited vote, such should be presented to the entire counsel as an emergency and with a majority vote of the council it should be agendized as soon as practical. Otherwise it should be placed in line for consideration. Recommendation: Rule 5 should be amended as follows: "With the advice of the 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 Comments regarding City of Rancho Palos Verdes Rules of Procedure (March 20, 2012) Page 1 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. When an individual Councilmember makes such a rectuest.the Citv Mana er shall inform the Councilmember of when it is oroiected to be heard,..taking into account the matters alreadv set for future hearin s the normal course of business for the City,the Council's a reed u on list of Priorities and the comr)lexitv of the re uested matter. If the reauestina Councilmember desires to have the matter a endued earlier than ro'ected by the City Manager the Councilmember may ask forriorit and an earlier date for the item to be Dresented. Such a request shall be made del+r►e tc le it n n uom+n uracil e� ,-the GGURGilmembeiz may m— heto the City Council at a City Council meeting under the business item entitled "Future Agenda Items" and shall, as a Goufte&y natify4he-i%4ayef-iR-advanre. A majority of the Members of the City Council must vote to give the item priority and schedule it for an earlier a endapla e -i , a-f-utufeagenda, 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. 5.2 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, including reports, shall be made available to the public upon request, without delay, in accordance with the provisions of the Brown Act. Comment: The above changes the prior rule by delaying delivery and posting of the upcoming Council agenda by a day. It is suggested that the old rule of Wednesday by 5 pm be retained. 8.3 PUBLIC TESTIMONY 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 Comments regarding City of Rancho Palos Verdes Rules of Procedure (March 20, 2012) Page 2 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). Comments: Use of "appellant" and "applicant" appears inappropriate here. If what is being considered is an appeal from the decision of the Planning Commission then it should be "appellant" and "respondent." If what is being considered was submitted directly to the Council, it should be "applicant" and "respondent." Recommendation: Rule 8.3, subpart 4 should be amended as follows: 4. The gpg[j�gnt or appellant or their representative speaks first and will generally be allowed ten minutes, lf-t*ie-apoiGant-is-.d-ff.ef,-nt--fFe.-the-app e4aot-;.-The respondentappfiGaAt or athe* representative will speak following the applicant o appellant and will also be allowed ten minutes to make a presentation. Other public speakers will follow the presentation by the ggg!jgant or appellant and the reapgnc1entapp4Ga-nt. Normally, the applicants oraAd appellants snd ree ondents will be limited to a three minute rebuttal (if requested) Comments regarding City of Rancho Palos Verdes Rules of Procedure (March 20, 2012) Page 3 CITY OF RANCHO PALOS VERDES PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED COMMISSION AND COMMITEE MEMBERS Updated Comments and Recommendations Submitted by Paul Tetreault May 8, 2012 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. Sets a standard that cannot be defined. Recommendation: Replace with: "1. Members of City Council, 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."' 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." z 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 1 On April 10 all commissioners agreed with this proposed change, with Commr. Lewis recommending the addition of "City Council' to the text, which is included in this proposal. z On April 10 the commissioners agreed with the proposed change to this section of the Protocols. Updated (May 8, 2012) Comments for Protocol for City Elected and Appointed Officials Page 1 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.) During the April 10 Planning Commission hearing the City Attorney explained that there are times when the City Attorney conveys attorney-client confidential information to the Planning Commissioner or other city official outside of a closed session of the City Council. However, she also said that she could not think of an instance when this would happen other than through her office. In such instances the City Attorney would inform the official of the confidential nature of the communication. 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. If confidential information is provided through the office of the City Attorney then the confidential nature of the information will be disclosed to the official. Outside of a closed session of the Co ncil or attorney-client communication from the office of the City Attorney, 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 confidential communication with the office of the City Attorney or 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." 3 15. Respect, support, and when necessary, work to improve intergovernmental relationships between this City and other neighboring cities, the City of Los Angeles, the State of California and the federal government. Comments: "Respect" and "support" are overly vague. Will a member of the council a commission or committee violate this protocol if he or she participated in a protest against the war in Afghanistan or Governor Brown's proposed tax 3 Following a discussion with the City Attorney during the April 10 Planning Commission hearing, additional language has been added to this proposal to include confidential attorney-client communications. Updated (May 8, 2012) Comments for Protocol for City Elected and Appointed Officials Page 2 increases? A mandate to improve working relationships with neighboring cities could be interpreted to mean that city officials should capitulate to opposing views or policies held or advanced by officials and office holders from other cities. Recommendation: Replace with: 15. Members of the council, commissions and committees, while acting in their official capacities on behalf of the City of Rancho Palos Verdes, shall respect and cooperate with officials from other governmental agencies without compromising the interests of the residents of the City of Rancho Palos Verdes. 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 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.i4 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 4 With the deletion of "unless you are acting in your official capacity" this revised proposal was agreed to be the entire Planning Commission. Updated (May 8, 2012) Comments for Protocol for City Elected and Appointed Officials Page 3 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."5 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." 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. 5 The entire Planning Commission at the April 10 agreed that this proposed protocol was overly restrictive. Updated (May 8, 2012) Comments for Protocol for City Elected and Appointed Officials Page 4 From: cicoriae@aol.com Sent: Monday, May 07, 2012 12:31 PM To: cc@rpv.com; pc@rpv.com Subject: Planning Commission Joint Meeting with City Council re Rules of Procedure and Protocol Mayor Misetich and Councilmembers, Chairman Tetrault and Planning Commissioners, I've read over the Staff Report and attachments for the upcoming joint meeting of the City Council and Planning Commission regarding the Rules of Procedure and Protocol and will address a point in the Staff Report and then work my way through the Rules and Protocol with my comments. The rules and procedures of City Council, commissions, committees, staff, etc., whether or not they are memorialized in writing, should be carried out with a view to encouraging fully informed public dialogue and efficient government. Finding the optimal balance is a challenge, of course, and I would tend to give up a little in short term efficiency in order to ensure that the public and our leaders have greater opportunity to exchange information, ideas, and points of view. In the end, I believe better decisions will be made and longer term that may be most efficient. Many of my comments echo those of others who wrote in previously or whose public comments were memorialized in minutes of previous meetings and I'm grateful that others have been studying the materials and weighing in on them for the past several months. Staff Report: Although the Staff Report seems to suggest otherwise, as I read the minutes of the March 20 City Council meeting, the decision to approve revisions to Section 5 of the Rules and continue discussion of other Rules to a later date left open the possibility of revisiting Section 5 as well. Section 5: This section would be clearer to the public—easier to follow—if the order of the paragraphs were reversed. That would align with the sequence of events to prepare the agenda. I agree with those who have said that two members of city council ought to be able to place an item on the agenda, but that should be discussed at a city council meeting. Otherwise, the temptation would be for one councilmember to go on the hunt for a second outside of the public meeting and run afoul of the Brown Act if the first councilmember he/she approaches doesn't agree to the agenda item. Thus, I favor the proposal that a motion and second at a meeting would be all it takes to agendize an item for a subsequent meeting. The motion should make clear the time frame in which the item is to be agendized, for example, whether or not the item is of such near term importance that it must be placed on the agenda for the next meeting, within the month, the year, etc. So long as the procedure for preparing the agenda requires that any item approved for a particular agenda by motion made by one councilmember and second of another councilmember must be agendized by the city manager within a certain time frame, I'm not too concerned with the language that the city manager prepares the agenda on the advice of the mayor. I do think that there should be a procedure in place whereby city council by majority vote can eliminate an item from the agenda. At some point, though, you have to trust that city councilmembers will act honorably and not eliminate by majority vote an item placed on the agenda in the manner described above (a motion and second) without giving an opportunity for discussion of what may be a minority position—or you have to 5/7/2012 address that scenario as well. Equally important is the timeframe for getting the information to the public so that we the public have time to do whatever we feel we need to do to get "up to speed" on an issue and weigh in if we're so inclined. Recently, I've received listsery notice a month in advance of certain complex matters. This is extremely helpful and greatly appreciated. While the staff report for the matter is of course not available at that time, it gives the public an opportunity to look into the matter. I wonder if there is a way to implement a two step process for public comments whereby the public (of course city councilmembers included) is given notice of whatever information staff has early on, as well as their preliminary recommendations, on a particular matter to come before council in the near future; then the public would be given a week or two to write in; then the staff would have some time to take the information and opinions received from the public into account in finalizing their staff reports and making their recommendations to city council; and then the public would have an opportunity—ideally a week or so—to submit comments regarding the staff report recommendations. While such a process may seem cumbersome and time consuming in the short term, ultimately it may be more efficient and lead to more thoroughly vetted decision making. Section 6: It's interesting to me that this section is titled "Citizens' Rights." Rules of decorum should clearly state that they apply to the public as well as to members of city council, commissions and committees. Consideration should be given to developing rules that govern the contemporary practice of mass emails and blogging by our city officials, particularly when such email and/or blogging is defamatory. Section 8: While I like the idea of people being able to give their speaking time to someone who might be less shy or more articulate, I think members of the public should be encouraged to speak for themselves. Of course, if there is a group of people, perhaps 10 or more present at a meeting (or a smaller group if they are the only people affected by the issue, for example by a change to a small neighborhood), whether or not a formal organization, that wants to make a unified, more thorough presentation than any one or several of them could do independently, I think that should be encouraged to facilitate conveyance of useful information. I also think there should be some allowance for an elderly person to give their time to a family member or caregiver to speak on their behalf. Section 9.2.2: The fact that the phrase "serve at the pleasure of the Council" has generated controversy suggests that it should be revised or removed. I'm not sure that a statement to the effect that appointments can be reconsidered by city council is any less problematic. This section could state that members can be removed for cause, but you'd have to get into what the procedure would be for that, etc. Alternatively, you could stick with what you have, but add something to the effect that nothing in that statement should be construed to abrogate one's freedom of speech and committee and commission members should not feel that they are required to toe the line of their appointers. By the way, city staff should also feel at liberty to express their opinions, but staff reports should be approached as reports to inform the public of background and other facts as much as city council and/or commissions/committees and should be as objective and thorough as possible. Staff should make every effort to avoid allowing personal bias to influence the way facts are presented and give reasoned bases for their recommendations. Section 9.2.3: While commission and committee members may not be "expected" to take the place of staff or do the work of staff, such efforts should be encouraged. More information made available to an advisory body or a policy-making body will lead to more informed, and therefore better, decisions. We have benefitted greatly from the expertise and information -gathering of committee and commission members. Committee and commission members must be able to obtain information from city staff. Staff should be able to (and has in the past) come up with ways in which they can accommodate requests for information most efficiently and in such timely manner as to enable commission or committee members to digest the information before they are called upon to take a position on a matter related to that information. 5/7/2012 Protocol: I understand the value of establishing a protocol or code of conduct for city council, commission and committee members and there is a lot that is good in the proposed protocol. There are also some issues that should be addressed. For example, even the introduction could be improved by identifying how frequently—annually?—the protocol will be reviewed by members. By the way, the cover page indicates that this is commission/committee protocol, while the document title/heading includes city council. It should apply to all. I agree with most of the comments submitted by Chairman Tetrault, and particularly appreciate the concrete recommendations for substitute verbiage. 1. 1 agree with Chairman Tetrault's recommendations here. While I agree that the reference to "American ideals of government" is vague, however, I think that some thought should be given to substituting what I believe is the intent behind the reference, perhaps by referencing democratic principles. 2. Although I don't feel strongly about this, I'm actually more concerned with people tripping over the formality of Mr. and Ms. plus surname than the clubby appearance of first name use (perhaps because I know I would be tripping). I think using first names is more friendly and creates a more relaxed environment, so long as it is used consistently with people who council, commission and committee members know regardless whether they agree or disagree with a particular person. That first name use, by the way, also puts the public on notice that there is some relationship there. 3. Council, commission, and committee members should, of course, be prepared. An aside—this highlights all the more reason for staff reports to be distributed a week or more before a meeting. 4. Similar to my comment on item 1, while I agree with Chairman Tetrault here, I do think something is lost in the change. Most people understand the expression "the common good" as a reference to making the community, or world, better and that's something we should be striving for. 5. I'm not sure what "faithfully perform ..." adds. 6. 1 agree with Chairman Tetrault. 7. Stet. 8. Stet. 9. Agree. 10. Stet. 11. I'm not sure what the word "faithfully" adds here. 12. What is the intent behind "when appropriate" here? 13. Would "advance" this city's business be more to the point here than "promote?" 14. Makes sense when the subject matter is city business. 15. Ok. 16. 1 agree with Chairman Tetrault here and like his suggested change. 17. 1 also agree with Chairman Tetrault here and like his suggested change. As a member of the public, I want to know when a member of a city council, commission or committee is speaking on an issue and I want to hear quite clearly whether or not they are speaking on behalf of any particular body or as a private citizen. I also want to know when a member has another role that may suggest particular expertise and/or bias. 5/7/2012 18. No comments. 19. No comments. 20. Chairman Tetrault's suggestion is an improvement. One more thing ... I believe that I saw a rule in the materials first circulated on these issues—possibly a rule from another city—that stated city council, commission and committee members were not allowed to use city letterhead unless they were writing on behalf of the city. That should be a no-brainer. It seems to me that any use of city letterhead other than for authorized public business can only be intended to mislead the recipient of the letter to believe there is authority behind it. That seems to me to be the kind of abuse of power for which a council, commission, or committee member should be reprimanded by the mayor, unless it is the mayor's conduct, so there should be provision for that scenario, as well. Thank you for your time addressing these issues. Eva Cicoria 5/7/2012 Page 1 of I Tom, Redfield From.; Ken DeLong [kan.de1ong@verlzon.netj Sent: Friday, April 20, 201210:1 AM To, I sharon yarber; 'Jeff Lewis'; 'Tom Redfield'; cprotem73@verizon.net Cc: 'Jerry Whovie Subject: R & R Update All, I updated our draft R & R document with Ken Oyda's comments and forwarded to Sharon fora another look and editing on 3.10, 6.2 and' 5:7 plus whatever else she deemed needed "tweaking," Sharon hopes to complete4his weekend and wig forward for another review. The ME Mayor Only.. I iat two Council members, in a public session, c Any Ken .. . ...... . ......... 5. ORDER AND PREPARATIONOF AGENDA 0 propose and In our I made him aware of The 01tv Mana-aer-amares the anenda under the,diraction and aooroval of the Mavor. In fto absense :ofthe, M&or, the Mayor Pro Tom will'assume this responsiblifty, as the Council's represect !prive" The M _w -ill Rrovide the aRpropEid ovemig"ht ,to..,ensure that aWnda. Oms are itnely and responsive to,the. —tgeeds of the id nom, bw �l I her M arnbe-q of the: C& gouncil shall be, mado aware gf tentative agendas, for the-01ty- ftMftW_.Thq," r PAJO.q-qf the concern. The ala r mgyjdgqLd_ethat.jAher jejues, have. greater Rrioirity and will ither schadulo the Item fbr a future agenda.or deny the MgLjftt. The Council MeMber mo y Ifign make,thg re nest dire "ff to the City Council at g Q& un it meeting under the busin+ as. lom entitled "Fa, Wre Agenda Iterus" an+d. igrovided the: a 1. 1,owt Wei niembqrs ofth& Cit Council vote to Rlace thqj-WmC& —qq a future agenda. the Council shall v sl2ecify the meeting -Agenda upon)yhich the Item shall be Placed. 4120/2012 From: Carla Morreale Sent: Monday, May 07, 2012 1:57 PM To: Teri Takaoka Subject: FW: Rules & Procedures From: Carolyn Lehr Sent: Thursday, May 03, 2012 6:02 PM To: Carla Morreale Subject: FW: Rules & Procedures Another older email submitted by Jim Knight. CL From: Jim Knight [mailto:knightjim33@gmail.com] Sent: Thursday, May 03, 2012 3:57 PM To: Carolyn Lehr Subject: Fwd: Rules & Procedures To undisclosed recipients. ---------- Forwarded message --------- From: <cProtem732verizon.net> Date: Tue, Mar 13, 2012 at 4:46 PM $ubject: Rules & Procedures To: Dear council members 1. What is the great urgency that this important matter must be completed the next day? 2. There will be insufficient time for informed resident input on the final draft by Staff. 3. The wording needs careful scrutiny. 4. Rules that are written in a permissive context ususally result in any positive change being denied if it is not included. 5. The current draft construct would make changes all but impossible without City Manager approval. The devil is in the details between the lines. 3. 1 respectfully request that the item can be placed on the next regular Tuesday council meeting without any serious consequenses.. Ken Dyda j 5/7/2012 _