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20120529 Late CorrespondenceRules of Procedure Subcommittee Proposal (as of 5-29-12) :r-tern *3 RECEIVED FROM...,L':;'(":'+-......!...!<.l>.1 AND MADE A PART OF TH RECORD AT THE COUNCIL MEETING OF a.t :<or- OFFICE OF THE CITY CLERK CARLA MORREALE.CITY CLERK RANCHO PALOS VERDES CITY COUNCIL DRAFT LAST AMENDED:March 20.2012 -1- Subject I. 2. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3. 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 4. 4.1 4.2 4.3 4.4 4.5 4.6 5. 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 Table of Contents Authority General Rules Quorum Vacancy by Unexcused Absence Minutes of Proceedings Right of Floor Rules of Order City Manager City Attorney City Clerk Deputy City Manager/Department Heads/Employees Types of Meetings Public Meetings Regular Meetings Adjourned Meetings Special Meetings Closed Session Meetings Study Session Meetings Media Attendance Recess Redevelopment Agency and Improvement Authority Business Civic and Other Events Duties of the Mayor Election of the Mayor Mayor Pro Tem Presiding Officer Call to Order Preservation of Order Point of Order Order and Preparation of Agenda Order of Business Agenda Distribution Agenda Posting Minutes Public Comments (see Citizens'Rights in Section 6) Public Hearings Consent Calendar City Council Oral Reports Actions Limited to Posted Agenda -2- Page 4 4 4 4 4 4 4 4 5 5 5 5 5 5 6 6 6 6 7 7 7 7 7 7 7 8 8 8 8 8 9 9 9 9 9 9 10 10 10 Subject Page 6.Citizens'Rights 10 6.1 Addressing the Council 10 6.2 Conduct of Members of the Public 11 6.3 Enforcement of Decorum 11 6.4 Reading of Protests II 6.5 Written Communications 12 7.Ordinances,Resolutions and Contracts 12 7.1 Document Preparation 12 7.2 Document Approval 12 7.3 Ordinance Introduction!Adoption 12 7.4 Majority Vote Required 12 7.5 Ordinance Preservation 12 8.Procedures Regarding Public Hearings 13 8.1 Introduction 13 8.2 Staff and Written Material Presentation 13 8.3 Public Testimony 13 8.4 Council Deliberations 14 8.5 Council Action 14 9.Boards,Commissions,Committees and Subcommittees 14 9.1 Mayor/City Council Committee 14 9.2 Citizen Boards,Commissions,and Committees 15 9.3 City Council Subcommittees 15 10.Suspension and Amendment of These Rules 16 10.1 Suspension 16 10.2 Amendment 16 11.Miscellaneous Rules 16 11.1 Motion to be Stated 16 11.2 Roll Call Votes 16 11.3 Silence 16 11.4 Continuance of an Item 16 11.5 Personal Pri vi1ege 17 11.6 Motion to Reconsider 17 12.Rules of Debate 17 12.1 Mayor as Presiding Officer 17 12.2 Appeals 17 12.3 Precedence of Motions 17 -3- RULES OF PROCEDURE 1.AUTHORITY As provided by Government Code Section 36813,the City Council hereby establishes these Rules of Procedure for the conduct of meetings.These Rules shall be in effect upon the adoption by City Council and until such time as they are amended or new rules are adopted in the manner provided by these Rules. 2.GENERAL RULES 2.1 Quorum Three members of the Council shall constitute a quorum necessary to transact business.In the event a quorum is not in attendance,the City Clerk will adjourn the meeting to a later set time. 2.2 Vacancy by Unexcused Absence If a City Council member is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting s/he attended,his/her office becomes vacant and shall be filled as any other vacancy,as provided by Government Code Section 36513. 2.3 Minutes of Proceedings An account of all public proceedings of the City Council shall be recorded by the City Clerk or his/her designee and entered into the official minute books of the Council.The minutes shall be prepared as expeditiously as possible and should be presented within 60 days of the meeting.Minutes will be available to the public following approval by the Council. 2.4 Right of Floor Any Council member desiring to speak shall first be recognized by the Mayor and shall confine any remarks to the subject under consideration. 2.5 Rules of Order In all matters and things not otherwise provided for herein,the proceedings of the Council shall be governed by "Rosenberg's Rules of Order,"If a particular issue is not addressed by "Rosenberg's Rules of Order,""Robert's Rules of Order"will be utilized instead;however,no ordinance,resolution, proceedings or other action of the City Council will be invalidated,or the legality thereof affected,by the failure or omission to observe or follow said Rules.In the event of a conflict between the City's Municipal Code and/or these Rules of Procedure with Rosenberg's or Robert's Rules of Order,the provisions of the City's Municipal Code,which is paramount,and/or these Rules,as applicable,shall govern. 2.6 City Manager The City Manager reports to and serves at the pleasure of the City Council.The City Manager shall attend all meetings of the Council unless excused,and in his/her absence,the Deputy City Manager or Acting -4- City Manager shall substitute.The City Manager may make recommendations and shall have the right to take part in all discussions of the Council,but shall have no vote. The duties of the City Manager are set forth in Chapter 2.08 of the Rancho Palos Verdes Municipal Code The City Manager shall ensure that staff maintains and implements the policies and direction of the Council in an open and transparent manner. 2.7 City Attorney The City Attorney reports to and serves at the pleasure of the City Council.The City Attorney shall attend all meetings of the Council unless excused,and in his/her absence,the City Attorney shall make arrangements for a 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 herlhis absence,the Deputy City Clerk shall substitute.The City Clerk shall record, prepare and maintain the official record of the Counci I and perform other related duties as prescribed by the Council and/or City Manager. 2.9 Deputy City ManagerlDepartment HeadslEmployees The Deputy City Manager,Department Heads and other city employees,as directed by the City Manager, shall attend Council meetings. 3.TYPES OF MEETINGS 3.1 Public Meetings All meetings (except closed sessions as provided by State law)of the Council shall be open to the public. 3.2 Regular Meetings -Municipal Code Section (MC §)2.04.020 The City Council shall meet in the City Council Chambers located at Fred Hesse Community Park,2930 I 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: I.When a Rancho Palos Verdes municipal election is conducted in the City on the first or third Tuesday of any month,the meeting shall be held on the next succeeding day that is not a holiday. 2.When an official City holiday falls on the first or third Tuesday of any month,the meeting shall be held on the next succeeding day that is not a holiday.Only closed sessions and study sessions may be held between 6:00 p.m.and 7 p.m.,unless a regular meeting is adjourned to,or a special meeting is called for,such time.No study session or closed session will be held during such hours unless the agenda is posted at least seventy-two hours prior to the meeting as required by Government Code Section 54954.2. -5- The City Council will adjourn its meetings on or before II :00 p.m.and will not consider new business items after 10:15 p.m.,unless the majority of the Council members who are present affirmatively vote either to extend the meeting after II :00 p.m.or to consider new business after 10:15 p.m.If the meeting ends before all of the items listed on the agenda are completed,any unfinished business will be continued to the next succeeding day that is not a holiday,at a location to be determined.The City Clerk,or his or her deputy,will post notice of any continued hearing or other unfinished business,as required by law. 3.3 Adjourned Meetings -MC §2.04.030 Any meeting of the City Council may be adjourned to a later date,place and time,provided no adjournment is for a longer period than the next regularly scheduled meeting. 3.4 Special Meetings -MC §2.04.040 Special meetings may be called by the Mayor or by a majority of the Council members.The notice for a special meeting must specify the subject(s)to be considered.In accordance with Government Code Section 54956,twenty-four hours notice must be given prior to the meeting;only the matters specified in the notice may be discussed at special meetings. 3.5 Closed Session Meetings -MC §2.04.050 Closed sessions may be held in accordance with the provisions of the Brown Act.The City Attorney shall attend all closed sessions either in person or telephonically,unless his or her performance is being reviewed.Closed sessions shall be presided over by the Mayor,or the Mayor Pro Tem in the Mayor's absence,with the presentation of information by the City Attorney and/or City Manager and City Staff with discussion and decisions by the City Council,in accordance with the provisions of the Brown Act. 3.6 Study Sessions The City Council shall hold a regularly scheduled and agendized Study Session between 6 pm and 7 pm at the second regularly scheduled monthly City Council meeting.The Council also may meet for special Study Sessions called by the Mayor or the majority of the Council members.Study Sessions are open to the public and are considered "meetings"for the purposes of the Brown Act but will not be televised.The primary purpose of the Study Session is to provide an opportunity for the Council members to interact freely and informally,ask questions and discuss policy items that are listed on the agenda for that specific Study Session.The City Council will also provide guidance to Staff regarding upcoming agenda items and tentative agendas,including prioritization of agenda items that are listed on the agenda for that specific study session.No action shall be taken during any Study Session unless the agenda so provides. If a Council member wishes to have the City Council prioritize an agenda item that he or she has raised previously as a future agenda item,then the Council member shall submit to the City Manager a one to two page memorandum briefly describing the proposed agenda item,including the requested action and the rationale and facts supporting the agenda item by the deadline when items are to be submitted for inclusion in the agenda packet for the Study Session.Once that memorandum is submitted to the City Council,the City Council will prioritize the item for placement on a future agenda,in accordance with the procedure discussed above. -6- 3.7 Media Attendance Except for closed sessions,all meetings of the City Council and City Boards/Commissions shall be open to the media,and may be recorded by tape,radio,television,or photography,provided such recordings do not interfere with the orderly conduct of the meetings.All meetings,except for closed sessions and study sessions,shall be televised and broadcast live during the meeting whenever possible and in accordance with the City's contract with the company providing broadcast services;a replay shall be broadcast on the governmental access channel at least one time during the seven (7)day period following the meeting. Archived recordings of Council meetings shall be maintained by the City Clerk's office for a period of not less than 30 years. 3.8 Recess Once every hour and one-half,or as Council business permits,the Council shall recess for a period of time specified by the Mayor. 3.9 Redevelopment Successor Agency and Improvement Authority Business Unless otherwise directed by the City Council,upon adjournment of the City Council meeting held on the first Tuesday of each month,the City Council will meet as the Successor Agency to the Rancho Palos Verdes Redevelopment Agency and then as the Rancho Palos Verdes Improvement Authority. 3.10 Civic and Other Events If a quorum or more of the Members of the City Council will attend an event where City business will be discussed,Council Members shall notify the City Clerk or City Manager so that the event can be noticed as a City Council meeting,in accordance with the provisions of the Brown Act.This Section is not intended to expand the application of the Brown Act to social,ceremonial or other occasions that are set forth in Government Code Section 54952.2.City expenditure for other invited guests (as permitted by State law)must be approved by the City Council at a regularly scheduled City Council meeting that is held in advance of the event. 4.DUTIES OF THE MAYOR 4.I Election of the Mayor The Mayor is a member of the City Council and is annually elected by majority vote of the City Council at the first regular meeting in December or,in the case of an election year,upon certification of the election results.The Mayor serves as Mayor at the pleasure of the City Council.As a member of the City Council,the Mayor shall have all the powers of a member. 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote.The Mayor Pro Tem serves as Mayor Pro Tem at the pleasure of the City Council. -7- 4.3 Presiding Officer The Mayor,if present,shall preside.In the Mayor's absence,the Mayor Pro Tem shan preside.In the absence of both,the Council members present shall elect a Presiding Officer. 4.4 Call to Order The Mayor or Mayor Pro Tem shall call the meeting to order at the hour appointed.In the absence of both,the meeting shall be called to order by the City Clerk and those Council members present shall proceed to elect a temporary Presiding Officer. 4.5 Preservation of Order The Mayor shall preserve strict order and decorum,shall prevent disruptive verbal attacks by or on Council members,staff and/or citizens,shall confine debate to the item under discussion,and shall discourage debate between Council members and persons addressing the Council. 4.6 Point of Order The Mayor shall determine all points of order,subject to the right of any member to appeal.If an appeal is taken,the question shall be,"Shall the decision of the Mayor be sustained?" 5.ORDER AND PREPARATION OF AGENDA Pursuant to the direction of the City Council from a prior Study Session held in accordance with Rule 3.6 or at another duly noticed City Council meeting,the City Manager prepares the agenda,including the order and priority of agenda items.The City Manager will be responsible for providing an estimate of the time that should be required for the City Council to review,consider and take action regarding each agenda item.Care must be exercised so that the items that will be addressed on each Council agenda can be completed within the designated four-hour time limit for City Council meetings pursuant to Section 3.2. The City Manager shall advise Council members of the status of tentative agendas for upcoming meetings on a weekly basis,including the need,if any,to move an item to another agenda or to add a new agenda item due to circumstances that were not anticipated at the time of the last directive from the City Council. The Mayor is authorized to approve changes to the agenda that are recommended by the City Manager. All agenda items shall be accompanied by a staff report.To enable the City Council to make informed decisions,the City Manager is responsible for providing staff reports to the City Council with sound, professional recommendations supported by thorough and impartial analysis that include pertinent facts and the pros and cons of the recommended course of action.Should occasions arise where that is not possible,the City Manager will so advise the City Council.Should a Council member choose to prepare a report for an agenda item that he or she has requested,it shall be submitted to the City Manager by the same deadline that the other agenda reports are to be submitted for inclusion in the agenda packet. When an individual Council member wishes to place an item on a future agenda,he or she first must raise the issue at a City Council meeting during the agenda section entitled "Future Agenda Items."No vote is required to place an item on the agenda.However,if the City Council deems an item to be urgent,the City Council may direct that the item be placed on the next agenda rather than having it prioritized during an upcoming Study Session pursuant to Rule 3.6. -8- 5.1 Order of Business I.Call to Order,Roll Call,Pledge of Allegiance 2.Ceremonial 3.Mayor's Announcements 4.Recycling Drawing 5.Approval of Agenda 6.Public Comments 7.City Manager Reports 8.Consent Calendar 9.Public Hearings 10.Regular Business II.Future Agenda Items 12.City Council Oral Reports 13.Closed Session Report 14.Adjournment 5.2 Agenda Distribution The Agenda shall be delivered to the Mayor and Council members as soon as practicable on the Thursday preceding the Tuesday meeting when that agenda will be considered.The agenda shall be posted on the bulletin board at City Hall and on the City's website at the same time that it is distributed to Council members.The full agenda packet,including staff reports,shall be made available to the public,in accordance with the provisions of the Brown Act and by posting it on the City's website within 24 hours of delivery of the packets to Council members.Agenda packets shall be delivered to Council members not later than seventy-two hours prior to the regularly scheduled meeting. 5.3 Agenda Posting The City Clerk shall post,in a location that is freely accessible to members of the public and on the City'S website,an agenda at least 72 hours before a regular meeting.The agenda shall specify the time and location of the meeting and contain a brief description of each item of business to be transacted or discussed. 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 andlor mailed to property owners as required by law. -9- 5.7 Consent Calendar Items listed under the Consent Calendar are those items staff believes will not require Council discussion and are considered ministerial,routine,and/or of a periodic or recurring nature.The Consent Calendar may contain resolutions confirming prior Council action;however,the Consent Calendar is not for new policies that have not been discussed previously by the City Council.Such items,or any item that is anticipated to require discussion by the City Council,should be placed under the business item entitled Regular Business. Any member of the Council may remove an item for discussion or clarification.Items removed from the Consent Calendar will be heard after the Regular Business section of the agenda,unless otherwise directed by the City Council.If an item has been removed from the Consent Calendar,and a member of the public has requested to speak to that item,the item shall be heard immediately after the Consent Calendar. 5.8 City Council Oral Reports City Council Oral Reports are short summaries of matters a Council member has attended as an elected official of the City.The Mayor may,with the consent of the City Council,limit the time for such reports or defer them to a future meeting,provided that the Councilmember's legal reporting obligations are met. Council members are required to provide a brief oral report on their attendance at any meetings where City funds have been expended.Detailed reports should be made in writing.Written reports will be posted on the City's website.Reports should omit functions that are purely of a social or personal nature. 5.9 Actions Limited to Posted Agenda The City Council shall not take action on any item not appearing on the posted agenda except under the conditions permitted by Government Code Section 54954.2 (Brown Act). 6.CITIZENS'RIGHTS 6.1 Addressing the Council I.Any person may address the Council on the following portions of the agenda: (a)Public Comments as provided in Section 5.5. (b)Public Hearings as provided in Section 8. (c)All other portions of the agenda prior to the vote.if any,being taken. 2.The following shall apply: (a)Each person addressing the Council shall step to the podium and is requested to give-hisfher 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. -10- (d)No question shall be asked of Council members or staff except through the Mayor. (e)These guidelines will generally apply to special meetings as well,but the City Council reserves the right to otherwise limit or preclude Public Comments during special meetings to items listed on the agenda of the special meeting. (f)The City Council may limit the public input on any item based on the number of people requesting to speak,the length of the agenda,or the business of the Council. 6.2 Conduct of Members of the Public No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud,threatening,profane or abusive language,personal,impertinent or slanderous remarks,whistling,stamping of feet,booing or other acts which disturb,disrupt or otherwise impede the orderly conduct of any Council meeting.Applause will be permitted,as deemed acceptable by the Mayor,except during public hearing items. Any person who conducts himself or herself in the aforementioned manner shall,at the discretion of the Mayor or by a majority of the Council,pursuant to a point of order requested pursuant to Section 4.6 of these Rules of Procedure,be barred from further audience before the Council during the meeting. The Mayor shall request that a person who is breaching these rules of conduct be orderly and silent.If, after receiving a warning from the Mayor,a person persists in disturbing the meeting,the Mayor shall order the person to leave the Council meeting.If such person does not immediately remove himself or herself,the Mayor may order any law enforcement officer who is on duty at the meeting as sergeant-at- arms of the Council to remove the person from the Council Chambers.Alternatively,the Mayor may recess the meeting until a law enforcement officer is able to arrive and remove the person. 6.3 Enforcement of Decorum After issuing a verbal warning,the Mayor shall order removed from the Council Chambers any person or persons who commit the following acts in respect to a regular or special meeting of the City Council: I.Disorderly,contemptuous or insolent behavior toward the Councilor any member thereof,tending to interrupt the due and orderly course of said meeting. 2.A breach of the peace,boisterous conduct or violent disturbance,tending to interrupt the due and orderly course of said meeting. 3.Disobedience of any lawful order of the Mayor which shall include an order to be seated or to refrain from disrupting the meeting by addressing the Council from the audience. 4.Any other unlawful interference with the due and orderly course of the meeting. 6.4 Reading of Protests Interested persons or their representatives may address the Council for the reading of protests,petitions or communications relating to the matter under consideration if a majority of the Council agrees that the -11- person should be heard.Such presentation shall be subject to the time limits that have been established for addressing the City Council. 6.5 Written Communications Any person(s)may submit written comments to the Council either directly or through the City Clerk or City Manager's office and request that Council receive copies in the agenda packet provided such written comments are received in sufficient time to include them in the agenda packet.Written communications may consist of letters,facsimiles or messages received by electronic mail.Written communications that are submitted after the agenda has been distributed to the City Council will be distributed to the City Council as late correspondence. 7.ORDINANCES,RESOLUTIONS AND CONTRACTS 7.1 Document Preparation The content and form of all ordinances and resolutions shall be approved by the City Attorney.No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council or prepared by the City Attorney on his/her own initiative. 7.2 Document Approval All ordinances,resolutions,and contracts shall,before being placed on the agenda,be approved as to form and legality by the City Attorney.All documents shall be reviewed by the City Manager. 7.3 Ordinance Introduction!Adoption A proposed ordinance will be read by title only unless a Council member disagrees that the ordinance can be read by title only and requests a full reading.Ordinances introduced by first reading shall not be adopted within five days of the introduction nor at other than a regular or an adjourned regular Council meeting.If the ordinance carries an urgency clause,introduction and adoption may occur at the same meeting.After an ordinance has been introduced for first reading,it can be placed on the Consent Calendar for adoption at a subsequent meeting. 7.4 Majority Vote Required 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. -12- 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 I.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 Council member questions. 5.Prior to hearing public testimony or comments,Council members are encouraged to raise questions or identify issues of concern that they may have,which may assist members of the public to focus their comments upon those questions or issues.However,Council members shall refrain from stating their final position or how they intend to vote on the issue until all public testimony has been received. 8.3 Public Testimony 1.The purpose of this section is to provide an opportunity to members of the public who wish to testify in support or opposition to the matter being heard. 2.The Mayor's instructions to the audience will vary and will depend upon the issue being discussed.Generally,the instructions will follow these general guidelines: (a)Participants must speak from the podium; (b)The normal time limit for each speaker is three minutes; (c)Repetition should be avoided;and, (d)Speakers will be discouraged from reading a submission that has been copied and is contained in the agenda materials. 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.The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who intend to speak. 4.The appellant or their representative speaks first and will generally be allowed ten minutes.If the applicant is different from the appellant,the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation.Other public speakers will follow the presentation by the appellant -13- and the applicant.Nonnally,the applicants and appellants will be limited to a three minute rebuttal (if requested). 5.At the Mayor's discretion,staff and/or Council will answer questions posed by speakers after the completion of the speaker's testimony. 6.Council will generally reserve questioning of individual speakers until after the completion of the speaker's comments. 8.4 Council Deliberations I.After the Mayor has determined that there is no more public testimony,the Council will then deliberate on the matter. 2.The Council may ask additional questions of speakers and/or staff for clarification. 3.The Council will then debate and/or make motions on the matter. 4.During Council deliberations,the Mayor will allow each Councilmember to speak once prior to allowing another Councilmember to speak again.Council members should strive to avoid repetition.Council members may be permitted to ask questions of each other or debate relevant issues as part of their deliberations. 8.5 Council Action I.Council may,at this point,continue the open public hearing. (a)This should be done if any additional information is requested (e.g.a staff report),or if additional facts or issues have been raised by Council members that were not raised by the public speakers or addressed in the staff report and that have a bearing on the item.Members of the public shall be given additional opportunity to comment on such new facts,information and issues at the continued public hearing. (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: (a)Close the public hearing and vote on the item; (b)Offer amendments or substitute motions allowing additional public comment;or (c)Close the public hearing and continue the matter to a later date for a decision. (NOTE:No additional reports or testimony may be received,after the public hearing has been closed.) 9.BOARDS,COMMISSIONS,COMMITTEES AND SUBCOMMITTEES 9.1 Mayor /City Council Committee At the first or second meeting in January of each year,the Mayor shall appoint Council members to serve on various committees that require a Council representative. -14- 9.2 Citizen Boards,Commissions,and Committees 1.Creation The City Council may create boards,commissions or committees to act in an advisory capacity to the 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 and be appointed by a majority of the City Council to serve the term of office specified by the City Council.Members of City boards,commissions and committees shall continue to hold their respective appointed offices until replaced by a different individual who is appointed by a majority vote of the City Council.At any time,on a case by case basis,the City Council may reconsider any appointment. 3.Duties Other than the Planning Commission,whose duties are specified in the Municipal Code and the California Government Code,the primary purpose of City Boards,Commissions and Committees is to act in an advisory capacity to the City Council. The City Council shall provide specific direction to each commission or committee as to what tasks or projects the City Council desires the commission or committee to accomplish in the form of an annual workplan that is approved by the City Council.It will also define the method for said commissions or committees to report back to the City Council on their respective accomplishments.The City Manager shall assign a staff member to assist each commission or committee and to provide necessary support.Should the City Manager believe that requests of staff time and City resources are either inappropriate or excessive,the City Manager may request direction/action from the City Council for resolution. 4.Dissolution Except as provided by the City's Municipal Code,the City Council may dissolve an existing board,commission,or committee if the City Council finds that the purpose of the advisory board, committee or commission is no longer necessary or required. 9.3 City Council Subcommittees City Council Ad-Hoc and Standing Subcommittees may be created by the City Council from time to time to gather information and report back to the full City Council.The City Manager shall provide staff support as deemed appropriate by the City Council in achieving the specified goals. City Council Subcommittees shall be composed of two City Council members. Timely Subcommittee Reports shall be conveyed to the full City Council during the Council Reports section of the Council agenda.The City Council Ad-Hoc and Standing Subcommittees will strive to keep -15- all Council members and the public apprised of Council Ad-Hoc and Standing Subcommittees'actions and accomplishments. 10.SUSPENSION AND AMENDMENT OF THESE RULES 10.1 Suspension Except as required by State law,any provision of these Rules not already governed by the City's Municipal Code or the California Government Code may be temporarily suspended by a majority vote of the Council members who are present. 10.2 Amendment These Rules may be amended by additions or deletions or new rules adopted by a majority vote of the Council,provided the proposed amendment or new rules are placed on an agenda as a Regular Business item at a duly noticed City Council meeting and the public is afforded the opportunity to comment thereon. 11.MISCELLANEOUS RULES 11 .1 Motion to be Stated The City Clerk shall state all motions submitted for a vote and announce the result. 11.2 Roll Call Votes Roll call votes shall be required for adoption of ordinances,adoption of resolutions,approval of agreements and actions involving the payment of money.Upon demand by a Council member,a roll call vote shall be taken on any motion before the Council.The Mayor Pro Tem's name shall be called second to last,and the Mayor's name shall be called last with other members'names called at random by the City Clerk.Members shall not be required to give explanations of their vote during roll call. 11.3 Silence Although not in accordance with"Rosenberg's"or "Robert's Rules of Order,"during a collective vote (Ayes and Nays),silence of any Council member(s)denotes an affirmative vote. II .4 Continuance of an Item I.Continuance by a Council member Any Council member may make a motion to continue an item (not subject to a deadline)to the next agreed upon meeting.This continuance may only be approved or denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a Council member -16- 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 et: the Council agenda was posted for items not subject to a public hearing;or, (c)The continuance does not adversely affect the City,any of the affected parties,or the welfare of the City's residents. 11.5 Personal Privilege The right of a Council member to address the Council on a question of personal privilege shall be limited to cases in which the integrity,character,or motives of the Council member 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: I.The motion must be made by a member of the prevailing side,although it may be seconded by any Council member. 2.The motion must be made prior to the adjournment of the meeting at which the original action was taken. 3.The motion is debatable and has precedence over a pending motion. 12.RULES OF DEBATE 12.I Mayor as Presiding Officer The Mayor may move,second,and debate from the Chair,and shall not be deprived of any rights and privileges of a Councilmember. 12.2 Appeal Any ruling of the Mayor may be appealed at the request of a Councihnember.The Mayor shall call for a roll call vote to determine if the ruling is upheld by a majority vote. 12.3 Precedence of Motions When a motion is before the Council,no motion shall be entertained except: 1.Motion to Amend A motion to amend is debatable only as it relates to the amendment.An amendment that modifies the motion is in order;however,a substitute motion is in order if the intent is changed. Amendments are voted on first;main motion vote is last.A motion may be amended more than -17- once with each amendment being voted on separately.There shall only be one amending motion on the floor at anyone time. 2.Motion to Postpone A motion to postpone indefinitely is debatable.If such a motion is adopted,the principal question is lost.A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. 3.Motion to Table A motion to table is not debatable and is not subject to amendment.The purpose of a motion to table is to temporarily bypass the item.If a motion to table is adopted,the item may be taken from the table at any time prior to the adjournment of the next regular meeting.If the item is not taken from the table in the time specified,the business of the item is killed. 4.Motion to Call the Question A motion to Call the Question must get a second and is not debatable.A vote on the motion is taken immediately by roll call.If the motion to Call the Question passes,a vote on the motion on the floor is taken by roll call.If the motion to Call the Question fails,discussion on the motion on the floor continues. 5.Motion to Rescind A motion to Rescind must get a second and is debatable.The motion may be adopted by a majority vote of the entire City Council (3 votes). :I::I: -18- Rules of Procedure Subcommittee Proposal with accepted changes from Sharon Yarber,et al.Proposal (as of 5-29-12) RANCHO PALOS VERDES CITY COUNCIL LAST AMENDED:March 20,2012 -1- Subject 1. 2. 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3.1 ,~~.- 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 4. 4.1 4.2 4.3 4.4 4.5 4.6 5. 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 Table of Contents Authority General Rules Quorum Vacancy by Unexcused Absence Minutes of Proceedings Right of Floor Rules of Order City Manager City Attorney City Clerk Deputy City ManagerlDepartment HeadslEmployees Types of Meetings Public Meetings Regular Meetings Adjourned Meetings Special Meetings Closed Session Meetings Study Session Meetings Media Attendance Recess Redevelopment Agency and Improvement Authority Business Civic and Other Events Duties of the Mayor Election of the Mayor Mayor Pro Tern Presiding Officer Call to Order Preservation of Order Point of Order Order and Preparation of Agenda Order of Business Agenda Distribution Agenda Posting Minutes Public Comments (see Citizens'Rights in Section 6) Public Hearings Consent Calendar City Council Oral Repons Actions Limited to Posted Agenda -2- Page 4 4 4 4 4 4 4 4 5 5 5 5 5 5 6 6 6 6 7 7 7 7 7 7 7 8 8 8 8 8 9 9 9 9 9 9 10 10 10 Subject Page 6.Citizens'Rights 10 6.1 Addressing the Council 10 6.2 Conduct of Members of the Public 11 6.3 Enforcement of Decorum 1I 6.4 Reading of Protests II 6.5 Written Communications 12 7.Ordinances,Resolutions and Contracts 12 7.1 Document Preparation 12 7.2 Document Approval 12 7.3 Ordinance Introduction/Adoption 12 7.4 Majority Vote Required 12 7.5 Ordinance Preservation 12 8.Procedures Regarding Public Hearings 13 8.1 Introduction 13 8.2 Staff and Written Material Presentation 13 8.3 Public Testimony 13 8.4 Council Deliberations 14 8.5 Council Action 14 9.Boards,Commissions,Committees and Subcommittees 14 9.1 Mayor/City Council Committee 14 9.2 Citizen Boards,Commissions,and Committees 15 9.3 City Council Subcommittees 15 10.Suspension and Amendment of These Rules 16 10.1 Suspension 16 10.2 Amendment 16 11.Miscellaneous Rules 16 11.1 Motion to be Stated 16 11.2 Roll Call Votes 16 11.3 Silence 16 1\.4 Continuance of an Item 16 11.5 Personal Privilege 17 I\.6 Motion to Reconsider 17 12.Rules of Debate 17 12.1 Mayor as Presiding Officer 17 12.2 Appeals 17 12.3 Precedence of Motions 17 , -.)- RULES OF PROCEDURE 1.AUTHORITY As provided by Government Code Section 36813,the City Council hereby establishes these Rules of Procedure for the conduct of City Council meetings.These Rules shall be in effect upon the adoption by City Council and until such time as they are amended or new rules are adopted in the manner provided by these Rules. 2.GENERAL RULES 2.1 Quorum Three members of the Council shall constitute a quorum necessary to transact business.In the event a qUOlum is not in attendance,the City Clerk will adjourn the meeting to a later set time. 2.2 Vacancy by Unexcused Absence If a City Council member is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting s/he attended,his/her office becomes vacant and shall be filled as any other vacancy,as provided by Government Code Section 36513. ?'_.~Minutes of Proceedings An account of all public proceedings of the City Council shall be recorded by the City Clerk or his/her designee and entered into the official minute books of the Council.The minutes shall be prepared as expeditiously as possible and should be presented within 60 days of the meeting.lli:aft Minutes will be available to the public fallewing prior to approval by the Council. 2.4 Right of Floor Any Councilmember desiring to speak shall first be recognized by the Mayor and shall confine any remarks to the subject under consideration. 2.5 Rules of Order In all matters and things not otherwise provided for herein,the proceedings of the Council shall be governed by "Rosenberg's Rules of Order!'If a particular issue is not addressed by "Rosenberg's Rules of Order,""Robert's Rules of Order"will be utilized instead;however,no ordinance,resolution, proceedings or other action of the City Council will be invalidated,or the legality thereof affected,by the failure or omission to observe or follow said Rules.In the event of a conflict between the City's Municipal Code and/or these Rules of Procedure with Rosenberg's or Robert's Rules of Order,the provisions of the City's Municipal Code,which is paramount,and/or these Rules,as applicable,shall govern. -4- 2.6 City Manager The City Manager reports to and serves at the pleasure of the City Council.The City Manager shall attend all meetings of the Council unless excused,and in his/her absence,the Deputy City Manager or Acting City Manager shall substitute.The City Manager may make recommendations and shall have the right to take part in all discussions of the Council,but shall have no vote. The duties of the City Manager are set forth in Chapter 2.08 of the Rancho Palos Verdes Municipal Code The City Manager shall ensure that staff maintains and implements the policies and direction of the Council in an open and transparent manner. 2.7 City Attorney The City Attorney reports to and serves at the pleasure of the City Council.The City Attorney shall attend all meetings of the Council unless excused,and in his/her absence,the City Attorney shall make arrangements for a Qualified substitute attorney.The City Attorney,upon request,shall give opinions, either written or oral,on questions of law and shall act as the Council's parliamentarian. 2.8 City Clerk The City Clerk or his/her designee shall attend all meetings of the Council unless excused by the City Manager,and in her/his absence,the Deputy City Clerk shall substitute.The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council and/or City Manager. 2.9 Deputy City Manager/Department Heads/Employees The Deputy City Manager,Department Heads and other city employees,as directed by the City Manager, shall attend Council meetings. 3.TYPES OF MEETINGS 3.1 Public Meetings All meetings (except closed sessions as provided by State law)of the Council shall be open to the public. 3.2 Regular Meetings -Municipal Code Section (MC §)2.04.020 The City Council shall meet in the City Council Chambers located at Fred Hesse Community Park,2930 I 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 that is not a holiday. 2.When an official City holiday falls on the first or third Tuesday of any month,the meeting shall be held on the next succeeding day that is not a holiday.Only closed sessions and study sessions may be held between 6:00 p.m.and 7 p.m.,unless a regular meeting is adjourned to,or a special -5- meeting is called for,such time.No study session or closed session will be held during such hours unless the agenda is posted at least seventy-two hours prior to the meeting as required by Government Code Section 54954.2. The City Council will adjourn its meetings on or before 11 :00 p.m.and will not consider new business items after 10:15 p.m.,unless the majority of the Council members who are present affirmatively vote either to extend the meeting after II :00 p.m.or to consider new business after 10:15 p.m.If the meeting ends before all of the items listed on the agenda are completed,any unfinished business will be continued to the next succeeding day that is not a holiday,at a location to be determined.The City Clerk,or his or her deputy,will post notice of any continued hearing or other unfinished business,as required by law, and nromptlv also post such continuation on the City's website. 3.3 Adjourned Meetings -MC §2.04.030 Any meeting of the City Council may be adjourned to a later date,place and time,provided no adjournment is for a longer period than the next regularly scheduled meeting. 3.4 Special Meetings -MC §2.04.040 Special meetings may be called by the Mayor or by a majority of the Council members.The notice for a special meeting must specifY the subject(s)to be considered.In accordance with Government Code Section 54956,twenty-four hours notice must be given prior to the meeting;only the matters specified in the notice may be discussed at special meetings. 3.5 Closed Session Meetings -MC §2.04.050 Closed (or executive)sessions may be held in accordance with the provisions of the Brown Act.The City Attorney shall attend all closed sessions either in person or telephonically,unless his or her performance is being reviewed.Closed sessions shall be presided over by the Mayor,or the Mayor Pro Tem in the Mayor's absence,with the presentation of information by the City Attorney and/or City Manager and City Staff with discussion and decisions by the City COllncil,in accordance with the provisions of the Brown Act. 3.6 Study Sessions The City Council shall hold a regularly scheduled and agendized Study Session between 6 pm and 7 pm at the second regularly scheduled monthly City Council meeting.The Council also may meet for special Study Sessions called by the Mayor or the majority of the Council members.Study Sessions are open to the public and are considered "meetings"for the purposes of the Brown Act but will not be televised.The primary purpose of the Study Session is to provide an opportunity for the Council members to interact freely and informally,ask questions and discuss policy items that are listed on the agenda for that specific Study Session.The City Council will also provide guidllnee directjon to Staff regarding upcoming agenda items and tentative agendas,including prioritization of agenda items that are listed on the agenda for that specific study session.No action shall be taken during any Study Session unless the agenda so provides. -6- If a Council member wishes to have the City Council prioritize an agenda item that he or she has raised previously as a future agenda item,then the Council member shall submit to the City Manager a one to two page memorandum briefly describing the proposed agenda item,including the requested action and the rationale and facts supporting the agenda item by the deadline when items are to be submitted for inclusion in the agenda packet for the Study Session.Once that memorandum is submitted to the City Council,the City Council will prioritize the item for placement on a future agenda,in accordance with the procedure discussed above. 3.7 Media Attendance Except for closed sessions,all meetings of the City Council and City Boardsl.Committees and Commissions shall be open to the media,and may be recorded by tape,radio,television,or photography, provided such recordings do not interfere with the orderly conduct of the meetings.All City Council meetings,except for closed sessions and study sessions,shall be televised and broadcast live during the meeting whenever possible and in accordance with the City's contract with the company providing broadcast services;a replay shall be broadcast on the governmental access channel at least one time during the seven (7)day period following the meeting.Archived recordings of Council meetings shall be maintained by the City Clerk's office for a period of not less than 30 years. 3.8 Recess Once every hour and one-half,or as Council business permits,the Council shall recess for a period of time specified by the Mayor. 3.9 Redevelopment Successor Agency and Improvement Authority Business Unless otherwise directed by the City Council,upon adjournment of the City Council meeting held on the first Tuesday of each month,the City Council will meet as the Successor Agency to the Rancho Palos Verdes Redevelopment Agency and then as the Rancho Palos Verdes Improvement Authority. 3.10 Civic and Other Events If a quorum or more of the Members of the City Council will attend an event where City business will be discussed,Council Members shall notify the City Attorney and either the City Clerk or City Manager so that the event can be noticed as a City Council meeting,in accordance with the provisions of the Brown Act,if required under the Brown Act as determined by the City Attorney.This Section is not intended to expand the application of the Brown Act to social,ceremonial or other occasions that are set forth in Government Code Section 54952.2.City expenditure for other invited guests (as permitted by State law)must be approved by the City Council at a regularly scheduled City Council meeting that is held in advance of the event. 4.DUTIES OF THE MAYOR 4.1 Election of the Mayor The Mayor is a member of the City Council and is annually elected by majority vote of the City Council at the first regular meeting in December or,in the case of an election year,upon certification of the -7- election results.The Mayor serves as Mayor at the pleasure of the City Council.As a member of the City Council,the Mayor shall have all the powers of a member. 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote.The Mayor Pro Tem serves as Mayor Pro Tem at the pleasure of the City Council. 4.3 Presiding Officer The Mayor,if physically present,shall preside.In the Mayor's absence,the Mayor Pro Tem shall preside.In the absence of both,the Council members present shall elect a Presiding Officer. 4.4 Call to Order The Mayor or Mayor Pro Tem shall call the meeting to order at the hour appointed.In the absence of both,the meeting shall be called to order by the City Clerk and those Council members present shall proceed to elect a temporary Presiding Officer. 4.5 Preservation of Order The Mayor shall preserve strict order and decorum,shall prevent disruptive verbal attacks by or on Council members,staff and/or citizens,shall confine debate to the item under discussion,and shall discourage debate between Council members and persons addressing the Council. 4.6 Point of Order The Mayor shall determine all points of order,subject to the right of any member to appeal.If an appeal is taken,the question shall be,"Shall the decision of the Mayor be sustained?" 5.ORDER AND PREPARATION OF AGENDA Pursuant to the direction of the City Council from a prior Study Session held in accordance with Rule 3.6 or at another duly noticed City Council meeting,the City Manager prepares the agenda,including the order and priority of agenda items.The City Manager will be responsible for providing an estimate of the time that should be required for the City Council to review,consider and take action regarding each agenda item.Care must be exercised so that the items that will be addressed on each Council agenda can be completed within the designated four-hour time limit for City Council meetings pursuant to Section 3.2. The City Manager shall advise Council members of the status of tentative agendas for upcoming meetings on a weekly basis,including the need,if any,to move an item to another agenda or to add a new agenda item due to circumstances that were not anticipated at the time of the last directive from the City Council. The Mayor is authorized to approve changes to the agenda that are recommended by the City Manager. All agenda items shall be accompanied by a staff report.To enable the City Council to make informed decisions,the City Manager is responsible for providing staff reports to the City Council with sound, professional recommendations supported by thorough and impartial analysis that include pertinent facts and the pros and cons of the recommended course of action.Should occasions arise where that is not possible,the City Manager will so advise the City Council.Should a Council member choose to prepare -8- a report for an agenda item that he or she has requested,it shall be submitted to the City Manager by the same deadline that the other agenda reports are to be submitted for inclusion in the agenda packet. When an individual Council member wishes to place an item on a future agenda,he or she first must raise the issue at a City Council meeting during the agenda section entitled "Future Agenda Items."No vote is required to place an item on the agenda.However,if the City Council deems an item to be urgent,the City Council may direct that the item be placed on the next agenda rather than having it prioritized during an upcoming Study Session pursuant to Rule 3.6. 5.1 Order of Business I.Call to Order,Roll Call,Pledge of Allegiance 2.Ceremonial 3.Mayor's Announcements 4.Recycling Drawing 5.Approval of Agenda 6.Public Comments 7.City Manager Reports 8.Consent Calendar 9.Public Hearings 10.Regular Business 11.Future Agenda Items 12.City Council Oral Reports 13.Closed Session Report 14.Adjournment 5.2 Agenda Distribution The Agenda shall be delivered to the Mayor and Council members as soon as practicable on the Thursday preceding the Tuesday meeting when that agenda will be considered.The agenda shall be posted on the bulletin board at City Hall and on the City's website at the same time that it is distributed to Council members.The full agenda packet,including staff reports,shall be made available to the public,in accordance with the provisions of the Brown Act and by posting it on the City's website within 24 hours of delivery of the packets to Council members.Agenda packets shall be delivered to Council members not later than seventy-two hours prior to the regularly scheduled meeting. 5.3 Agenda Posting The City Clerk shall post,in a location that is freely accessible to members of the public and on the City's website,an agenda at least 72 hours before a regular meeting.The agenda shall specify the time and location of the meeting and contain a brief description of each item of business to be transacted or discussed. 5.4 Minutes Unless requested by Council,minutes may be approved without reading if the City Clerk previously furnished a copy to each member. -9- 5.5 Public Comments -(see Citizens'Rights in Section 6) During Public Comments any person may address the Council,provided that the item is within the subject matter jurisdiction of the Council and is not otherwise on the agenda. 5.6 Public Hearings Items requiring a Public Hearing will be published and/or mailed to property owners as required by law. 5.7 Consent Calendar Items listed under the Consent Calendar are those items staff believes will not require Council discussion and are considered ministerial,routine,and/or of a periodic or recurring nature.The Consent Calendar may contain resolutions confirming prior Council action;however,the Consent Calendar is not for new policies that have not been discussed previously by the City Council.Such items,or any item that is anticipated to require discussion by the City Council,should be placed under the business item entitled Regular Business. Any member of the Council may remove an item for discussion or clarification.Items removed from tlle Consent Calendar will be heard after the Regular Business section of the agenda,unless otherwise directed by the City Council.If an item has been removed from the Consent Calendar,and a member of the public has requested to speak to that item,the item shall be heard immediately after the Consent Calendar. 5.8 City Council Oral Reports City Council Oral Reports are short summaries of matters a Councilmember has attended as an elected official of the City.The Mayor may,with the consent of the City Council,limit the time for such reports or defer them to a future meeting,provided that the Councilmember's legal reporting obligations are met. Council members are required to provide a brief oral repOlt on their attendance at any meetings where City funds have been expended.Detailed reports should be made in writing.Written reports will be posted on the City's website.Reports should omit functions that are purely of a social or personal nature. 5.9 Actions Limited to Posted Agenda The City Council shall not take action on any item not appearing on the posted agenda except under the conditions permitted by Government Code Section 54954.2 (Brown Act). 6.CITIZENS'RIGHTS 6.1 Addressing the Council 1.Any person may address the Council on the following portions ofthe agenda: (a)Public Comments as provided in Section 5.5. (b)Public Hearings as provided in Section 8. (c)All other portions of the agenda prior to the vote,if any,being taken. 2.The following shall apply: -10- (a)Each person addressing the Council shall step to the podium and is requested to give-his/her name for the record. (b)Each speaker is limited to three minutes on Public Comments as provided in Section 5.5.All remarks shall be directed to the Mayor and Council as a body and not to any p3lticular member. (c)No person,other than members of the Council and the person having the floor, shall be permitted to enter into the discussion. (d)No question shall be asked of Council members or staff except through the Mayor. (e)These guidelines will generally apply to special meetings as well,but the City Council reserves the right to otherwise limit or preclude Public Comments during special meetings to items listed on the agenda of the special meeting. (I)The City Council may limit the public input on any item based on the number of people requesting to speak,the length of the agenda,or the business of the Council. 6.2 Conduct of Members of the Public No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud,threatening,profane or abusive language,personal,impertinent or slanderous remarks,whistling,stamping of feet,booing or other acts which disturb,disrupt or otherwise impede the orderly conduct of any Council meeting.Applause will be permitted,as deemed acceptable by the Mayor,except during public hearing items. Any person who conducts himself or herself in the aforementioned manner shall,at the discretion of the Mayor or by a majority of the Council,pursuant to a point of order requested pursuant to Section 4.6 of these Rules of Procedure,be barred from further audience before the Council during the meeting. The Mayor shall request that a person who is breaching these rules of conduct be orderly and silent.If, after receiving a warning from the Mayor,a person persists in disturbing the meeting,the Mayor shall order the person to leave the Council meeting.If such person does not immediately remove himself or herself,the Mayor may order any law enforcement officer who is on duty at the meeting as sergeant-at- arms.of the Council to remove the person from the Council Chambers.Alternatively,the Mayor may recess the meeting until a law enforcement officer is able to arrive and remove the person. 6.3 Enforcement of Decorum After issuing a verbal warning,the Mayor shall order removed from the Council Chambers any person or persons who commit the following acts in respect to a regular or special meeting of the City Council: 1.Disorderly,contemptuous or insolent behavior toward the Councilor any member thereof,tending to interrupt the due and orderly course of said meeting. 2.A breach of the peace,boisterous conduct or violent disturbance,tending to interrupt the due and orderly course of said meeting. 3.Disobedience of any lawful order of the Mayor which shall include an order to be seated or to refrain from disrupting the meeting by addressing the Council from the audience. -11- 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.I 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 Councilor prepared by the City Attorney on his/her own initiative. 7.2 Document Approval All ordinances,resolutions,and contracts shall,before being placed on tl,e agenda,be approved as to form and legality by the City Attorney.All documents shall be reviewed by the City Manager. 7.3 Ordinance Introduction/Adoption A proposed ordinance will be read by title only unless a Council member disagrees that the ordinance can be read by title only and requests a full reading.Ordinances introduced by first reading shall not be adopted within five days of the introduction nor at other than a regular or an adjourned regular Council meeting.If the ordinance carries an urgency clause,introduction and adoption may occur at the same meeting.After an ordinance has been introduced for first reading,it can be placed on the Consent Calendar for adoption at a subsequent meeting. 7.4 Majority Vote Required Resolutions,orders for the payment of money,and all ordinances require a recorded majority vote ofthe total membership of the City Council,pursuant to Government Code Section 36936.An urgency ordinance must be adopted by at least a four-fifths vote of the City Council,pursuant to Government Code Section 36937.(NOTE:Motions and any other matters not involving any of the above actions may be adopted by a majority vote of the Council Members who are present.) -12- 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 I.Staff summary report,which shall include the findings and determinations that the City Council is required to make,included in the agenda packet is received and filed.Written comments (e.g.protests,etc.)are noted for the record. 2.Written material not in the agenda packet,if any,is received and filed. 3.Oral staff report,if any,is presented by a staff member,unless waived by the Council. 4.Staff responds to Councilmember questions. 5.Prior to hearing public testimony or comments,Council members are encouraged to raise questions or identify issues of concern that they may have,which may assist members of the public to focus their comments upon those questions or issues.However,Council members shall refrain iTom stating their final position or how they intend to vote on the issue until all public testimony has been received. 8.3 Public Testimony I.The purpose of this section is to provide an opportunity to members of the public who wish to testify in support of or opposition to the matter being heard. 2.The Mayor's instructions to the audience will vary and will depend upon the issue being discussed.Generally,the instructions will follow these general guidelines: Ca)Participants must speak iTom the podium; (b)The normal time limit for each speaker is three minutes; Cc)Repetition should be avoided;and, Cd)Speakers will be discouraged from reading a submission that has been copied and is contained in the agenda materials. 3.Although the normal time limit is three minutes for each speaker,the Mayor may grant additional time to a representative speaking for an entire group.However,this should not discourage anyone from addressing the City Council individually.The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who intend to speak. -13- 4.The appellant or their representative speaks first and will generally be allowed ten minutes.If the applicant is different from the appellant,the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation.Other public speakers will follow the presentation by the appellant and the applicant.Normally,the applicants and appellants will be limited to a three minute rebuttal (if requested). 5.At the Mayor's discretion,staff and/or Council will answer questions posed by speakers after the completion of the speaker's testimony. 6.Council will generally reserve questioning of individual speakers until after the completion of the speaker's comments. 8.4 Council Deliberations I.After the Mayor has determined that there is no more public testimony,the Council will then deliberate on the matter. 2.The Council may ask additional questions of speakers and/or staff for clarification. 3.The Council will then debate and/or make motions on the matter. 4.During Council deliberations,the Mayor will allow each Councilmember to speak once prior to allowing another Council member to speak again.Council members should strive to avoid repetition.Council members may be pennitted to ask questions of each other or debate relevant issues as part of their deliberations. 8.5 Council Action I.Council may,at this point,continue the open public hearing. (a)This should be done if any additional information is requested (e.g.a staff report),or if additional facts or issues have been raised by Council members that were not raised by the public speakers or addressed in the staffrepoft and that have a bearing on the item.Members of the public shall be given additional opportunity to comment on such new facts,information and issues at the continued public hearing. (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: (a)Close the public hearing and vote on the item; (b)Offer amendments or substitute motions allowing additional public comment;or (c)Close the public hearing and continue the matter to a later date for a decision. (NOTE:No additional reports or testimony may be received,after the public hearing has been closed.) 9.BOARDS,COMMISSIONS,COMMITTEES AND SUBCOMMITTEES -14- 9.1 Mayor I City Council Committee At the first or second meeting in Januaty of each year,the Mayor shall appoint Council members to serve on various committees that require a Council representative. 9.2 Citizen Boards,Commissions,and Committees I.Creation The City Council may create boards,commissions or committees to act in an advisory capacity to the 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 and be appointed by a majority of the City Council to serve the term of office specified by the City Council.Members of City boards,commissions and committees shall continue to hold their respective appointed offices until replaced by a different individual who is appointed by a majority vote of the City Council.At any time,on a case by case basis,the City Council may reconsider any appointment. 3.Duties Other than the Planning Commission,whose duties are specified in the Municipal Code and the Califomia Government Code,the primary purpose of City Boards,Commissions and Committees is to act in an advisory capacity to the City Council. The City Council shall provide specific direction to each commission or committee as to what tasks or projects the City Council desires the commission or committee to accomplish in the form of an annual workplan that is approved by the City Council.which may be amended and revised as desired by the Council during the year.It will also define the method for said commissions or committees to repOlt back to the City Council on their respective accomplishments.The City Manager shall assign a staff member to assist each commission or committee and to provide necessary support.Should the City Manager believe that requests of staff time and City resources are either inappropriate or excessive,the City Manager may request direction/action from the City Council for resolution. 4.Dissolution Except as provided by the City's Municipal Code,the City Council may dissolve an existing board,commission,or committee if the City Council finds that the purpose of the advisory board, committee or commission is no longer necessary or required. 9.3 City Council Subcommittees -15- City Council Ad-Hoc and Standing Subcommittees may be created by the City Council from time to time to gather information and report back to the full City Council.The City Manager shall provide staff support as deemed appropriate by the City Council in achieving the specified goals. City Council Subcommittees shall be composed of two City Council members. Timely Subcommittee Reports shall be conveyed to the full City Council during the Council Oral Reports section of the Council agenda.The City Council Ad-Hoc and Standing Subcommittees will strive to keep all Council members and the public apprised of Council Ad-Hoc and Standing Subcommittees' actions and accomplishments. 10.SUSPENSION AND AMENDMENT OF THESE RULES 10.1 Suspension Except as required by State law,any provision of these Rules not already governed by the City's Municipal Code or the California Government Code may be temporarily suspended by a majority vote of the Council members who are present. 10.2 Amendment These Rules may be amended by additions or deletions or new rules adopted by a majority vote of the Council,provided the proposed amendment or new rules are placed on an agenda as a Regular Business item at a duly noticed City Council meeting and the public is afforded the opportunity to comment thereon. ll.MISCELLANEOUS RULES 11.1 Motion to be Stated The City Clerk shall state all motions submitted for a vote and announce the result. 11.2 Roll Call Votes Roll call votes shall be required for adoption of ordinances,adoption of resolutions,approval of agreements and actions involving the payment of money.Upon demand by a Councilmember,a roll call vote shall be taken on any motion before the Council.The Mayor Pro Tem's name shall be called second to last,and the Mayor's name shall be called last with other members'names called at random by the City Clerk.Members shall not be required to give explanations of their vote during roll call. 11.3 Silence Although not in accordance with"Rosenberg's"or "Robert's Rules of Order,"during a collective vote (Ayes and Nays),silence of any Council member(s)denotes an affirmative vote. 11.4 Continuance of an Item I.Continuance by a Council member -16- Any Councilmember may make a motion to continue an item (not subject to a deadline)to the next agreed upon meeting.This continuance may only be approved or denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a Council member Anyone may request a continuance of an item and the Council,by a majority vote,may grant such a continuance.A request for a subsequent continuance may be granted by a majority vote of the Council only if it finds that: (a)The need for the continuance was beyond the control of the person requesting it; (b)The need for the continuance arose after:(I)the date of the notice of public hearing was published ifrhe item is subject to a public hearing or;(2)the time ef the Council agenda was posted for items not subject to a public hearing;or, (c)The continuance does not adversely affect the City,any of the affected parties,or the welfare of the City's residents. 11.5 Personal Privilege The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the integrity,character,or motives of the Councilmember is in question,or where the welfare ofthe 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: I.The motion must be made by a member of the prevailing side,although it may be seconded by any Council member. 2.The motion must be made prior to the adjournment of the meeting at which the original action was taken. 3.The motion is debatable and has precedence over a pending motion. 12.RULES OF DEBATE 12.1 Mayor as Presiding Officer The Mayor may move,second,and debate from the Chair,and shall not be deprived of any rights and privileges of a Councilmember. 12.2 Appeal Any ruling of the Mayor may be appealed at the request of a Councilmember.The Mayor shall call for a roll call vote to determine if the ruling is upheld by a majority vote. 12.3 Precedence of Motions When a motion is before the Council,no motion shall be entertained except: -17- 1.Motion to Amend A motion to amend is debatable only as it relates to the amendment.An amendment that modifies the motion is in order;however,a substitute motion is in order if the intent is changed. Amendments are voted on first;main motion vote is last.A motion may be amended more than once with each amendment being voted on separately.There shall only be one amending motion on the floor at anyone time. 2.Motion to Postpone A motion to postpone indefinitely is debatable.If such a motion is adopted,the principal question is lost.A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. 3.Motion to Table A motion to table is not debatable and is not subject to amendment.The purpose of a motion to table is to temporarily bypass the item.If a motion to table is adopted,the item may be taken from the table at any time prior to the adjournment of the next regular meeting.If the item is not taken from the table in the time specified,the business of the item is killed. 4.Motion to Call the Question A motion to Call the Question must get a second and is not debatable.A vote on the motion is taken immediately by roll call.Ifthe motion to Call the Question passes,a vote on the motion on the floor is taken by roll call.If the motion to Call the Question fails,discussion on the motion on the floor continues. 5.Motion to Rescind A motion to Rescind must get a second and is debatable.The motion may be adopted by a majority vote of the entire City Council (3 votes). •" -I 8- " Rules of Procedure Sharon Yarber,et al.Proposal (as of 5-28-12) RANCHO PALOS VERDES CITY COUNCIL DRAFT LAST AMENDED:March 20,2012 -1- Table of Contents Subject Page I.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 j 2.9 Deputy City ManagerlDepanment Heads/Employees j 3.Types of Meetings j 3.1 Public Meetings j 3.2 Regular Meetings 5 3.3 Adjourned Meetings 6 3.4 Special Meetings 6 3.5 Closed Session Meetings 6 3.6 Weffi:~Session Meetings 6 3.7 Media Attendance 61 3.8 Recess 7 3.9 Redevelopment Agency and Improvement Authority Business 7 3 10 Ciyjc nnd Other Eyents 7 4.Duties of the Mayor 7 4.\Election of the Mayor/Absence of the Mayor 7 4.2 Mayor Pro Tern +B. 4.3 Presiding Officer 'fj! 4.4 Call to Order 'f!\ 4.5 Preservation of Order 'fj! 4.6 Point orOrder 'fj! 5.Order and Preparation of Agenda 8 5.1 Order of Business 89 5.2 Agenda Distribution 82 5.3 Agenda Posting 9lQ 5.4 Minutes 9lQ 5.5 Public Comments (see Citizens'Rigllls in Seclion 6)9\0 5.6 Public Hearings 9lQ 5.7 Consent Calendar 910 5.8 City Council Oral Rcpons 9lQ 5.9 Actions Limited to Posted Agenda -11)11 -2- Subject 6.Citizens'Rights 6.1 Addressing the Council 6.2 PeFS8Rai anEt SiaRelef81:1s Remafk.s CnnduCI oIMembers of the Public 6.3 Enforcement of Decorum 6.4 Reading of Protests 6.5 Written Communications 7.Ordinances,Resolutions and Contracts 7.1 Document Preparation 7.2 Document Approval 7.3 Ordinance Introduction/Adoption 7.4 Majority Vote Required 7.5 Ordinance Preservation 8.Procedures Regarding Public Hearings 8.1 Introduction 8.2 Staff and Written Material Presentation 8.3 Public Testimony 8.4 Council Deliberations 8.5 Council Action 9.Boards,Commissions1 aR6 Committees and Subcommittees 9.1 Mayor/City Council Committce 9.2 Citizen Boards,Commissions,and Committees 2.3 Citv Council Subcommittees 10.Suspension and Amendment or These Rules 10.1 Suspension 10.2 Amendment 11.Miscellaneous Rules 11.1 Motion to be Stated 11.2 Roll Call VOles 11.3 Silence 11.4 Continuance of an Itcm 11.5 Personal Privilege 11.6 Motion to Reconsider 12.Rules of Debate 12.1 Mayor as Presiding Officer 12.2 Appeals 12.3 Precedence of Motions -3- Page +llil +llll .J-l-12 .J-l-12 12 12 12 12 +all +all +all 13 13 13 H L4 14 14 15 15 15 16 RULES OF PROCEDURE I.AUTHORITY As provided by Government Code Section 36813,the City Council hereby establishes these Rules of Procedure for the conduct of meetings.These Rules shall be in effect upon the adoption by City Council and until such time as they arc amended or new rules are adopted in the manner provided by these Rules. The:Councilmcmhcrs scrw at the plcasun:oflh~n:sidl.:nts of tile:Cil\'. 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 anendance,the City Clerk will adjourn the meeting to a later set time. 2.2 Vacancy by Unexcused Absence If a City Ce1:lIleilme-ffibefCouncil member is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting s/he attended,his/her office becomes vacant and shall be filled as any other vacancy,as provided by Government Code SecLion 36513. 2.3 Minutes of Proceedings An account of all public proceedings of the City Council shall be recorded by the City Clerk or his/her designee and entered into the official minute books of the Council.The minutes shall be~prepared as cxp.edjtjOllS.!Y--J1S p-ossihlemand Shilllld he nr.esented within 60 days q[the..llle.e1ing,+Rest]min\:ltes sRal+-6e Minutes"will be available LO the public prior 10 ?p'p.r_~Y.~!.~Y..t~~_~~~_~~.i):...___ 2.4 Righ'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 !Deleted:following In all matters and things not otherwise provided for herein,the proceedings of the Council shall be governed by "Rosenberg'sR-egef:t-:Rules of Order;"If a particular issue is not addressed by "Rosenberg's Rules ~fOrder,""~obert's Rules o:Ordcr"wil~be utiliz~d i~slea~..I.~~::::~::~~;,1lA~vever•.l)_~.~r4~l)_~_~~!...<:::·l~D;;e::';;eted=':..;.~ resolution,proceedmgs or other aCllon of the City Council will be mvalidated,or the legality thereof -"D=.e::'=.eted='"H"------' affected,by the failure or omission to observe or follow said Rules.In the event ofa conflict between the City's Municipal Code nnd/or these Rules of Procedure with Rosenberg's or Robert's Rulcs oLOrder.the nroxisions gflhe Cjty's.¥unLcipal C.o.ru:...lYhichJs,J41rnmQUnt.andLor IhesJ;:.Ru)C5.as anplicable.shall ~ 2.6 City Manager -4- Dur..City ManageuCAAOSJo.ancl.$rycs nUhe nleasure ofthc:City CO\lllcjl.The City Manager shall attend all meetings of the Council unless excused,and in hislher absence,the Deputy City Manager or Acting City Manager shall substitute.The City Manager may make recommendations and shall have the right to take part in all discussions orthe Council,but shall have no vote. Ihe duties of the Cjty Manngcuue set fooh in C1mpter ')08 Qftllt:...Ra~1Ios VerdeS-.Municin.al Gods The Citv Manager shall ensur.eJhat slaff.maintarns;mdjmnkments.the..o.ulicies=and djrccJion.nf..tlte c.ourillUn"nn..sm.cn.andJrnnSUilrCnt manller. 2.7 City Attorney The CitYj\ttorne):rep_ons to and_serves at the_pleasure oCthe City Council.The City Attorney shall attend all meetings or tile Council unless excused,and in his/her absence,the City Attorney shall make arrangements for a gualific:d substitute 'morney.The City Anomey,upon request,shall give opinions, either wrinen 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 Managcr/Depanment HeadslEmployees The Deputy City Manager,Depanmem 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)orthe Council shall be open to the public. 3.2 Regular Meetings Municinal Code Se..c.tion (MC§).2,Q4 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 CiLy Council shall be held on the first and third Tuesday of each month at the hour of ISY comme:nt -the Muni Code savs 6:00 P.M.so since:this cOlllicts with the fvluni Codc:.l.md the Code supersedes in the eve:nt ora conflict.mi!!ht a'\wc:1I . {Deleted:se\'en kave this at (,:OO umil we:c1mn!!e:the Codd .6:00J\~.L~t:I.~~Cl?l!!1.~~L~ha~~_~f~.~~~~P~_~J~!I.,?\y_~:.. ...:::·.·-{:-;o::.:.::.,eted:::::.'::.;p::.;.m:;;;.-------<c.:.:.:='-'=---l I.When a Rancho Palos Verdes municipal election is conductcd in the City on the first or third Tuesday of any month,the mceting shall bc held on thc ncxt succeeding day:-Yo'ltiffiJh,!!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.ISY comment - I <1m -5- moving tht:'rt:'maiJ1d~r orth~para!!rnoh to tht:'subscqll~nt nara!!rJphs d~aling \\ilb closed and slud\' sessions.•..................... GHty-eles2d sessieFls aRd weFli--sessieFl5-flH\TBe-Aele-eet-ween-sf.!i-jT.-ltl:-iIfHI--5e-Yeft-jT."Fl'r.-tHtless-u·-regHtar mee+tng-is-aEijeHffle6-t-e;-eF-a-Sfleeial-meeting-i5-€itt!e6--H:JF:-5l:tsh tilfle.!'Ie \\·effi...ses5.teR-&F-E-~se4-sessf6fl wH+-be hela Eh:lriRg slielt-liel:tF5 !:tRless the agenda is 138steel at least se\'ellty twa hel:trs 13rier te the RleeliAg as reEtliirea by Seetiall j 19$4.2 afthe Celifernia Ge-TefiTffi2nt CeEle.Ne astian she!l13e tateR e1!:triflg any '....erl:sessi&fl-hef4..be.lween·-sH€lt-OOufS-HrHess4he-agense-se f,lre',·ieles. The City Council will adjourn its meetings on or before II :00 p.m.and will not consider new business items after 10:15 p.m.•unless the majority of the Ce~lRsiltfleRll3ersCounci1members who are present affirmatively vote either to extend the meeting after II :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~J..b.mis not a holiday.at a location 10 be determined.The City Clerk,or his or her deputy,will post notice of any continued hearing or other unfinished business,as rcquired by law and prompt I"also nosl ill1\'such t.:Olllil1ualinll ollihe Citv's wcbsite. 3.3 Adjourned Meetings -Me §'.04.030 Any meeting of the City Council may be adjourned to a later date,place and lime,provided no adjournment is for a longer period than the next regularly scheduled mecting. Deleted:Only closed scs.sions and Sludy ses.sions may be hcld betwet:n 6:00 p.m.and 7 p.m.•tlnlcss ..resuJar meeling is odjotlrned to.or ..special meeting is C:LUcd ror.stich lime.No study session or closed session will be held during such hours unless the agendn is posled alle:Ls! seventY'lwo hours prior 10 Ihe meeting as rcqircd by Govenllncnt Code Setlion S4954.:?-. 3.4 Special Meetings~§2.04.0=10 ISY commcnts ~This sl:clion conniCIS with thl:Muni Code.so one again till:Muni Coell:nl:~ds 10 be amenul:d.J have trickl:n the conflicting provisiQ!l1iJ.:......._ J~.~~.c:9!.c!~.f!~~..\~i.t.l~.q~y~.J!l~l~~.t.~~~.~.~.~~~j~.~.?4?~~..~~yt.:ry~y.:r~.l!r .1.1~~r.~.I!~.t.i.c:~.I.~~~~.~_~gj Y.~~.P.0.9 r.!~.~h~....· mecting;only the mancrs specified in the notice may be discussed al special meetings. 3.5 •Exe~uliw .~~~~!~.I!.~.c:~.t~~g;:;-Mc...§..2.M.05_0 ISY c0!TI_':'~~~IS -thev arc c~_lled Exccutive Sessions unda Ihe Code and tbe Code docs not require tbe ath:ndanc~orthe CA or th~CM! ..'rFonnatted:Font color:Red ./Deleted: Deleted:Specinl mcclinj;S may be c.:lJ1ed by the Mnyor or by a majorily of the (;ooootl"....lIlbef!i:-Countil..m~lDbcr,; TIle notice for 1I special mecting mtlst specify the StIbjecl(s)10 be consid~cd. Deleted:Closed 1 '.';:.'. 'I ~X_~~~!ti.\'e.s~.s.~~l?~~.'!'!1Y.b.~.~~1_~_!I)_!1.~c~~~.~.c:~.~yj~~..th~.p.r.~xi.~i.l?!!~.9K ~h~.~~9.\~'!.~~~~'!.{!.t ht:'.£.it\'·~ Municipal Code.Dnl"Executivc Sessions and Stud v Scssions shall be hddJ1uri_~£!Ihe hours of6:00. P.M.and 7:P.M.The City Anorney shall anend a11 9 EXCC~ltiv,:~c:?~.i~~.~~~~I~~.~.i~p~.r~C?I!.C?!..... telephonically,unlcss his or her performance is being reviewed._~,.~_~lI(ivc$cssinns.,shaUb.c pceside.d ....•, ~~be Mayor,or the Mayor pro Tern inJh.e..Mayor's obseIKC with the ~atlon.nLin[Qr.rnatiQn llY the Cjt~y MjlnageC.Und Cit~aff.lyjth disclIssiOlumd decisions by I11tlJ.ly Council.in accordance with the prmdsions or the Brown Act. 3.6 WaFk ~Scssions .... Deleted:Closed Deteted:s Deleted:only Deleted:closed Deleted:s Deleted:Oosed Deleted:s The Cjty Council shall hold a reg\llad~eduled.fima~sjQn bet}~een 6 pm illl~.zp'm at Ipe 5~sood regularly scheduled moO!hl~v CQun.c.i~.The Council also may meet mweffi ror s~al -6- ..•.•{Deleted:,:and ilgcndiztd ~essions called by lhe Mayor or the majority of lhe Ce\:lReilffiemeeFs.C.mmciLmemhcrs,l,\!effi s..tgg):Sessions are open to the public and are considered --meetings"for lile purposes of the Brown Act . and will be y!d~o r~cord~d:.Il]e primarydJ.ll..I'p92e of tile StudY S_es~i.Q.rr is to_proyide an opo_onunityJ9r the _ CounciLmemhers to interacLrT.e.cly and info[rnall~,_ask_guestionsand_discuss policyjtems"dIl]e Cit~. Council will also~provide din:ctionJo Staff rcgardingJJPcoming agenda ilems and tentative agendas .. illtluding prioritization ofagcnda..items thm havc he~n raised in prior Council meetings during the Future Aeenda It~ms portion of lhe IllCetilll!or al previous SlUd\'Sessions.r l'~to aclLQJUihall bcJakclLon anv_ proposl:d al!~nda itcm illlIinf...t1o):...weffi5t.udY...SJ;.ssion.,..m u .. Deleted:but will not Deleted:tel~iscd Deleted:that an:listed on the :l£enda roc thnt soccific Study Se:ssion Deleted:guid;lllec Deleted:dlitlilKliSlcdDn I.hUJ;mda fouhaup.:ccifiUl.lldy'K5si oQ Deleted:Jllllm...th,,-a~cllda.s:Q..prnrido If a Council member wishes to have the Citv Council prioritize an agenda item that he or she has raised previously as a future agenda item.then the Council member shall submit to the City Manager and \hl: othl:r Council memb.:rs a ...writt~l~memor~~dum not ~xc~~~J!!l!_!~\'O D'~gcs hrieflv descr.i~i.ng tJle propose~_ al:!cnda item.including the requested aClion and the rationale and facl':;sunportinu the agenda item not later tlmn '-1 hours prior to lh~commenCCIllClll of thai StudY Sl:ssion ..once that memorandum is ......... submitted to the City Council.the City Council will prioritize the item for placement on a future agenda in accordance wilh lhe nrocedure discussed above. Deleted:2!lk.lll Deleted:~ Deleted:by the deadline when items tlfC to he submjned (or inclusion in 'he: m!cnda naekel (or 'he Snldv Sc:.~sinn. rsy commcOI -The conCl:11t here is that Stud\'Sessions are lo h~hasicallv unstruclUred opportunities for the fre~exchane:c ofidca"and concerns.Tht.:v should not have formal agendas.Funhcr.ifth~Council dccid~s at a StudY Session thilt somcthinl:!should eo on a future al:!CndlL thc"should bc able In do so in such a Session and not have to wait until the Future AuC'nda It~ms seclion orille me~tinu 10 first mist:it. That is inellicicnt.Sincc these mectines will he open to the public nnd vid~otaped.the tmnsparcnc"about lhe agenda process will be servedJ. 3.7 Media Attendance Deleted:dosed Deleted:~ Deleted:~ Deleted:.s Deleted:.....hme\'Cf.pos.sible;llld in ilccordilltcyrilll Ibs-Ciw.:s.cODlfilC!..IDtb tbe COmDilltX prmridiDg bJoadCilstsmices Formatted:Font color:Red 3.8 Recess Except for EXl:clJtiv~.s~s.si.9!1.~!.~~LI!!~!=_tings .£?f.~~.~.C;:.i.tY..~9.~~.~H and .qty l'IS'(C:O_t~l~~n\-annan:n\ly \V~.:-O;;.;;OI;;et;;ed;;;,;';;";;o:;".:'--< don'\have any Boards undc.:r Ihc Muni Cod~.so to th~ex\c.:nl s{lm~lhill!!.is now calkd a board iLS llal1l~:-O:-.:Ol;;eted,;;;;;.;'.;.'.-< should he d1anu~d LO cOllnniued Comlllilt~c.:sand Commissions shall be open lO lile media,and may be LO::::01::eted::=::'.::B::=::::""'----' recorded by tape,radio,television,or photography,provided such recordings do not interfere with the orderly conduct of the meelings.All CiLv Council ffiwings,exc.epl for Excclitive5essions..aod..<;mdY ..' .5essions.....sh aI)b.e telc_\d s.e..cland...brQadcastliYe..d ud n gJItc-.rnect i n go;ucnlax.sha lLb..cJlI:uad CIlSLOAJ tH:.::::::~.:.:::... governmental access...t.hannel at least Qne time dmjng the seyen Wax period fQllowinglhe rneeling.•.....:.... ArchiYeclrecordings of Council meetin~and StudY S~s.si.C?~s~~~.'!tLqc maintained_bY Ihe CiJY~C)crk~5 office_for a period of not less than 30 years. Once every hour and one-half,or as Council business permits,Ihe Council shall recess for a period of time specified by the Mayor. 3.9 Redevelopment Successor Agency and Improvemem Authority Business -7- 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 Agenc);IQ the Rancho palos Yerdes_Redevelopmcnt Agency and then as the Rancho PnloL\{erdcs Improvement Authority ef..t-Ae-Gtt;:, 3.10 Civic and Other Evenls Ira quorum or more orthe Members orthe City Council will attend an eyent where City business will be djsc_yssed among the Memhers CQuncil Members shnllllillify the City Attorney,A1nd t::ithcr thc_CitY...CJerk ··-{Formatted:Font colO/':Red or City Manager 50 thauhe eyenLCnn be noticed as a CilY CQlHlcil..nlC_c_tingjn.nccordallce wj1h..thc proYisjons ortbe Brown Act ifrcguircd under the Brown Act as detcrmined hy tin:Citv Attornev Tbis Sectionjs_not intended to expand the application oLthc Brown Act to_social.ceremonial or other occasions that arc_set forth in Government Code S_cction 54952,2.City expenditure for other invited guests (as,mmnU!ed by StilteJaw)must be apR[Qyed by tile City C9Imcil at aJ.cguladv scheduled City Co.uncil mcctingJhat is heldJn.adxanc.e orthc exeIll. 4.DUTIES OF THE MAYOR 4.I Election of the Mayor The Mayor is a member of the City Council and is annually elected by majority vote of the City Council at the first regular meeting in December or,in the case ofan election year,upon certification of the election results.The Mayor serves;ts..Mavor at the pleas.lIte illite Cit"CounciL.As a member of the City Council,the Mayor shall have all the powers of a member. 4.2 Mayor Pro Tern The Mayor Pro Tern shall be selected by a Council majority vote..Ihe Mayor Pro Iem_5.cr.x.e5..J1S Mav.or Pro Icm.auhe pleasure orlhe Cjty COllQcil. 4.3 Presiding Officer The Mayor,ifphvsicallv present,shall preside.In the Mayor's phvsical absence,the Mayor Pro Tern shall preside.In the absence of both,the CSHReilmetlWefSCouncil members present shall elect a Presiding Officer. 4.3.a.Nntilication of Trave:l Whenever a Council memhe:r is ,wing to be:traYding olltsidl:orthe:Count\'of Los An!!d.:s for a period or more:than twentv·lour 12-ll hours.the mc:mber shall notiC\,the Cil"Manager of such cxpeclc:d lrayel and the dates the mc:mher will he olltsidc oftl1l:COUIII\,. 4.4 Call to Order The Mayor or Mayor Pro Tern shall call the meeting to order at the hour appointed.In the absence of both,the meeting shall be called to order by the City Clerk and those CSI:IReilAl2AlbeFs Co.yn.ciL.nwnhcrs -8- 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 9ft GettREilmeR1SersbY or on Council member~staff and/or citizens,shall confine debate to the item under discussion,and shall discourage debate between CetH'leillllemeersCouncil members and persons addressing the Council. 4.6 Pain'of Order The Mayor shall detennine all points of order,subject to the right of any member to appeal.If an appeal is taken,the question shall be,"Shall the decision of the Mayor be sustained?" 5.ORDER AND PREPARATION OF AGENDA Pursuant to the direction of the City Council from a prior Study Session beld in accordance with Rule 3.6 or at another duly noticed City Council meeting,the City Manager prepares the agenda, includin~the order and priority of a~enda items.The City Mana~er will be responsible for providing an estimate ofthe time that should be required for the City Council to review,consider and take action regarding each agenda item.Care must be exercised so that tbe items tbat will be addressed on each Council agenda can be completed within the designated four-bour time limit for City Council meetings pursuant to Section 3.2. The City Manager shall advise Council members ofthe status oftentative agendas for upcoming meetings on a weekly basis,including the need,if any,and the justification of such need.to move an item to another agenda or to add a new agenda item due to circumstances that were not anticipated at the time of the last directive from the City Council.The Mayor.with the concurrence of at lenst one additional Council member.is authorized to approve changes to the agenda that are recommended by the City Manager. At the discretion of the majoritv of tile Council ~gt:~_~~J_~~~.~.~~.~!L~_t:.~~.~011!p.!I.~~~.4~~Yll.~.~.n.:m:p _p -_{"o:.e:.':.eted=:.:'A:::D'---~ Council member report.To enable the City Council to make informed decisions,the City Manager is responsible for providing staff reports to the City Council with sound,professional recommendations supported by thorough and impartial analysis that include pertinent facts and the pros and cons of the recommended course of action.Should occasions arise where that is not possible,the City Manager will so advise the City Council.Should a Council member choose to prepare a report for an agenda item that he or she has requested,it shall be submitted to the City Manager by the same deadline that the other agenda reports are to be submitted for inclusion in the agenda packet. When an individual Council member wishes to place an item on a future agenda,be or she mavuu -.---I Deleted:finrmwt raise the issue at a City Council meeting during the agenda section entitled "Future Agenda Items." No vote is required to place an item on the agenda.However,if the City Council deems an item to be urgent,the City Council may direct that the item be placed on the next agenda rather than having it prioritized during an upcoming Study Session pursuant to Rule 3.6. When a petition.signed bv not less than [201 rl'sidcnts.is presented to the Council r('(luesting that a particular item be placed on a future agenda.the item shall be placed on one of the following three meeting agendas. -9- Deleted:9 Deleted:0 Deleted:II..Future Agendn Items'- 5.1 Order of Business 1.Call to Order (not 10 occur nrior tn 7:00 P.t\'I.l.Roll Call,Pledge of Allegiance 2.Ceremonial 3.Mayor's Announcements 4.Recycling Drawing 5.Approval of Agenda 6.Public Comments 7.City Manager Reports 8.Consent Calendar 9.future AL!l:nda Itl:ms J.D..._.P_1.!~).i.~_~~!l!i_I!g~_.._._. I.J..~egulllr .B.usi~ess... p qty.c:o.un.cll ()ral.~ep'o~.......... 13.Closed Session Report t4.Adjournment 5.2 Agenda Distribution The Agenda shall he delivered concuITl:ntlv to the Mayor and CSHflEilRlembersCmmcil mcmb.ers as soon as practicable.pl).~~e;n~~.~~_~)~!~csdav p~~_~~_4~ng the T~c?_~~y'~~~~.t_i!1~nJhaL,genda..wlLb.e..__ 15onsjdcrcd.The agenda shall be posted on the bulletin board at City Hall and on tile CitY's websitc at the same time that it is distributed to the Cil}"CeHReilffieffiaers.IrlAe ageRela is ElistnsHlea 1:8 Cil)' GSlifleilffleFflBers after 5:3Q FJ.R1 ..lheCouncil members......Ihc full agenda packet,including staf[and Council reports,iranv.shall be made available to the public l:iFJSfl reE(l:iest.\;ilhsl:Il-Efe.Iay,in accordance with the provisions of the Brown Act and by posting if on.tltc City'"website not lu_t~~ than 5:00 P.M.on till:Frida\'prccl:ding the.:Tu~sdav llll:cting .•Agendu_Ili'lc.k..c_ts....shall be d.e.Li.Y£Jcd .. to Council mcmbcrs....not Inter than 7:30 P.M.on till:T}~~rs~av ml9J.Jo ~~l.1ar.l~~J.~4J.il~.. meeting. Deleted:. ...•... Deleted:Thunday Deleted:~ Deleted::J: Deleted:~ Deleted:!lOllD pCdc1jyctV 0..b!!l£ pockets In [ollU\;iLnIl:mbcrs., Deleted:5~nlY..:.IwaJuUll:5 JS'.'_~.C?~~~~~~I.-:.t~i5 is nlrc~~\~_~~_~~_~e~ahov~.lnd (his."-I!_i~_~~n.scnlcncc co_Il!1i~!~_~y_i!~_\'_I)al .is ;~hov~:.!!~c m."·' remainder orille paral!rnph should he S~l fonh in 5.2.1 The agenda shall specify the time and location of the meeting and contain a brief description oreach item of business to be transacted or discussed. 5.3 Intt:nlionallv ddcle.:d 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) Deleted:SJ .Agenda Posting' The City Clerk shllli post.in llloc:uion rhat is freely aec:cssible to membc:n oflhc: public Md on !he CilY's website.an llgalda .IICUI 72 bours befon:a rq;ullll" mcc:tinj;. During Public Comments any person may address the Council,provided that the item is within the subject ..{Deleted:otherwilC matter jurisdiction of the Council and is not._<?!1__th~.~g~.~~.~._.._...._..__._.~.l.:.C==c.===--' 5.6 Public Hearings -10- Items requiring a Public Hearing will be published and/or mailed to property owners as required by law. 5.7 Consent Calendar hems listed under the Consent Calendar are those items staff ~believes will not require Council discussion and are considered ministerial,routine,andLor of a periodic or recurring nature.The Consent Calendar ~may contain resolutions confirming prior Council aClion.Ile"'e"er.;however.the Consent Calendar is not for new ~~that have not been discussed previously by the City CounciJ:",st!clt~ itemsl 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 rhe Regular Business section of the agenda,unless othenvise 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/Ad Hoc and Standin!.!Sub·Col11l1littc:c R~ports City Council Oral Reports nrc short summnries ofT~vl.:nts O_~!lll:t:til1gs .f!..~.<?~~~iJ__!TI.~~.~~.r.h~.~t.t.~'!~~~.~._.__-{"D=-e::le::':..:ed,,':..:m:..:':..:u::==----' an elected official ofLhe 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.-bem:leilmeffi(:)ersCo.uncil.me.mb.crs are required to provide a brief oral report on their nttendance 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 ofa social or personal nature.Durin!!this portion orthe.:mCl.:tine.rl.:ports will also he pre.:sl.:ntcd hv Ad Hoc and Standing Sllh~Col11mith':e.:memhers pursuant to paragraph 9.3 hercol: 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 I. (a)Public Comments as provided in Section 5.5. (b)Public Hearings as provided in Section 8. (c)All other ponions orthe agenda prior to the votc.irany.being taken. 2.The following shall apply: (a)Each person addressing the Council shall step to the podium and is requested to give tfle.H:.-his/hecname 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 10 the Mayor and Council as a body -11- ...(Deleted:on 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 ofCeHREilFReFRsersCuuncilmemhers or staff except through the Mayor. (e)These guidelines will generally apply 10~pe_ciaIMeelings ~s_\veULb~t_Ihe_<:il)'_ Council reserves the right to otherwise Iimil or preclude Public Comments during ". .sP~"~~?!.M~~.t.i~gs ..1 SY COll~Jl_l~JH.:Pllhlic COlllments arcJ)v.9dinition.NOT .. penainine.to matlcrs on the iu!cnda.Council should be able 10 dispense with the Puhlic Comlllents scction durin!!Special rvkctin!.!sl. (I)The City Council may limit the public inpul [rom three minutes per speaka to t\Vo minutes.but not less than two minutes.per sneaker on any item based on the number of people requesting to speak,the lenglh of the agenda,or the business of the CeliREil.Co.uncil. Deleted:s Deleted:In Deleted:s Deleted:In Deleted:to ilcl!1s lislL-d on lhe ngendn of the spcdnll11L"Cling 6.2 PerseRal aReI ~laneJeF8t:lS ReFRarks Conduct or Memhers grtts 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 feel,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. 6.5 Written Communications 6.4 Reading ofProtCSlS Any person(s)may submit written comments 10 Ihe Council ciJhCLdirectly or through the City Clerk or City Manager's office and request thal 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 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. Deleted:Enfom::menl of Decorum , After iuuing a verbal WlUlIing.the M:J)'Of shall order mt"IO"ed from the Council Chmnbers any person or persons who commil the following aas in rcspca to a regular Of special roectiDg oflhe City Council:, I..DiIordcrly.contanpl1lous or insolenl behavior 10ward the:Council or any rnanber lherc:of.lending 10 mll:mlpllhe due:and orderly course:of said mcc:1ing.' 2..A brc:DCil of the:peace:.boiSierous conduct or viole:nl disturollllce.tending 10 intCITUpt the duc and orderly course of said meeting.1 3..Disobedience:of any lawful order of the Mayor which shliU include nn order to be:se:ll1ed or to refrain from disrupting the meeting by addrcuina the:Council from the audience.1 4 ..Any other unlawrul inlerference Wilh the due and orderly course ofthc: meeting. Formatted:Indent:First line:0" Inrentionnllv Dclt:lcd rsy comment -Ihis is duplicative of what is in 6.2 and unnccessarvl ..6.3 The Mayor shall request that a person who is breaching these rules of conduct be orderly and silent.If, after receiving a warning from the Mayor,a person persists in disturbing the meeting,the Mayor shall order the person to leave the Council meeting.If such person does not immediately remove himself or herself,the Mayor may order any law enforcement officer who is on duty al the meeting as sergeant-al- 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. -12- may consist ofletters,facsimiles or messages received by electronic mail.Written communications that are submitted after the agenda has been distributed to the City Council will be distributed to the City Council as late correspondence. 7.ORDINANCES,RESOLUTIONS AND CONTRACTS 7.1 Document Preparation The ,oot,nl nnd form of all ordinances and resolutions shall be approved by the City Attorney.No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council or prepared by the City Attorney on hislher own initiative. 7.2 Document Approval All ordinances,resolutions,and contracts shall,before being placed on the agenda,be approved as to form and legality by the City Attorney.All documents shall be reviewed by the City Manager. 7.3 Ordinance Introduction/Adoption A proposed ordinance wiII be read by title only unless a GeHHEtHHeffi6eF.e.uun.ill.Iru;mbs::r disagrees that the ordinance can be read by title only and requests a full reading.Except for ordinances oran Uff!cnt nature.(l[~~~~~.~~.~I)~r~9.l!~~4_by.t!~!_~~~4~!l:g.~h~!!_~~~_~~_?:~~p~~_4 _~'(J~~.i_~.ny~.~~y.~.9X ~~.e.~I!~r~~.l!~~~~.I).~.'?r._.- 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.I Introduction The Mayor announces the subject of the public hearing and declares the public hearing open. 8.2 Staff and Written Material Presentation I.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 -13- {Deleted:0 2. comments (e.g.protests,etc.)are noted for the record. Written material not in the agenda packet,if any,is received and filed. 3.Oral staff report,ifany,is presented by a staff member,unless waived by the Council. 4.Staff responds to Councilmember questions. 5.Prior to hearing public testimony or comments,CetiReilmeRlbersCouncjl 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,CB1::IRcilmelflberskguncjl me.m~shall refrain from stating their final position or how they intend to vote on the issue until all public testimony has been received. 8.3 Public Testimony I.The purpose of this section is to provide an opponunity to members ofthe public who wish to testify in support 2..l..::....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: (n)~affi5-eHr..ti.cimmts must speak from the podium; (b)tflat tfte~normal time limit for each speaker is three minutes; (c)!flal ~RROIletitiQO should be avoided;and, (d)that :;fJelikeffiSp~akJ;r.s 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.The Mayor also may adjust the time limit for individual speakers depending upon the nwnber of speakers who intend 10 speak. 4.The appellant or their representative speaks first and will generally be allowed ten minutes.If the applicant is different from the appellant,the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation.Other public speakers will follow the presentation by the appellant and the applicant.Nonnally,the applicants and appellants will be limited to a three minute rebuttal (if requested). 5.At the Mayor's discretion,staff and/or Council will answer questions ~by spea.kers after the completion of the speaker's testimony. 6.Council will generally reserve questioning of individual speakers until after the -14- completion of the speaker's teslifft8AYWlIlments. 8,4 Council Deliberations t.After the Mayor has determined that there is no more public testimony,the Council will then deliberate on the maner. 2.The Council may ask additional questions of speakers and/or staff for clarification. 3.The Council will then debate and/or make motions on the maUer. 4.During Council deliberations,the Mayor will allow each Councilmembcr to speak once prior to allowing another Councilmembcr to speak again.belffieill1lemsi!!Fs Council members should strive to avoid repetition.CSlil1cilRleAlBers Council members may be permitted to ask questions of each other or debate relevant issues as pan of their deliberations. 8.5 Council Action 1.Council may,at this point,continue the open public hearing. (a)This should be done ifany additional information is requested (e.g.a staff repon)or if additional fact [issues have_b_ee"---raise~CQuncii memb.-ers that were nouaised b¥the_public speakers or add"".cclin the ,ta[[repo"amLiha. have lLbearing onJhejtem.Members or tile public~shall kgiYen~additional Qlmonuni!y'to~comment on_such new facts.infonnation andJssucs at the continued public hearin~ (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: 9. (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 maner to a later date for a decision. (NOTE:No additional reports or testimony may be reccivedl after the public hearing has been closed.) .<::()l".IVl!~SI()N~,<::()l".l".I:r:rE.E.~AND SIIBCOMMITTEES _ {Deleted'BOARDS, 9.1 Mayor I City Council Committee At the first or second meeting in January or each year,the Mayor shall appoint Cel::lFlEiIAH~maeF5~ memhc1:5.to serve on various commitlee~thaLrequire a Council representative. 9.2 I.Creation The City Council may.in accurdanc~with thl:Municipal Code.createJ:!_eFllf!l:~~~j~.~,C~IJl~t~~!ons ..... andlorcomminees:p.sJSY.~~)I~lment =-::_,:~_,:ck oUl Mc;_~t;Cli~n 2.11.0.10 _~ommissi()11 and ...._. -15- _.-f Deleted:Buards.. Deleted:boards, Deleted:to net Deleted:i!lJl!lluh-uory ~bowd) 10 the:Council. commiu~e m~mb!.:rs Ina"muk!.:importam polic\'d!.:cisions and rccommcndations.Thc"nre not solei"advisor".!Commissions and Commiuecs renurt to th~Cil"Council. 2.Appointments The City Council shall make appointments to citizen ~~.i?~.~~~~.i~I).s.~~.~~.~!l).i.t~~.~~:.AI.I.......{'-o'-e:::'.::.et"ed.::-=-'h"o:::_=~ committee and commission applicants will be interviewed by the City Council at a public meeting.,..and be app..o.inted by a..mnjruity of the Cjty cQmll~j,1 to serre tile term ofoffic.c sp.edfied bx.thc City Coulldi.Memhers nfCjty cQmmissions_ands!!J1lmin~_es..shalLc!mlinueto_holdJhei(·{'-o'-e:::J.::.eted=,,'b"o"onll."'----' ~~iy.e_appoiOledoffices untj!replaced h"a different individual who is appojnted bY.a majority vote oLthe City Council..At any time.on a case by case basis.the City Council may reconsider any appointment and rcmow an appointee fm good cause. Uthcr than tlw..flanning~Commission ..whose d\uies.arc SIlC_ciflAAJn.lhc..Munic.iuaLCodc andJlle CjlljlOrnja Goyernment Cods;,lite nrimarY...nurnose Q[Cit~9.mP1iss.i...QJl..§.JJ!!.g.[QlJlmjltSJL.sjsJQ act in an adyisory capaci!y_lo thc Q!Y,CQundl. The CitY.CounciLshall pmxidc SRccific dire_clion to each commission or comminee as to_what tasks or projects the City Council desires the commission or committce to accomplish in the ronn illn ann.ual wmknlan.lhatJs....approycd b"Jh..e-CllY Council.which workplan rna"be am~nded and r~\'ised.as desired b\'tilt:Council durin!!the \'Car It will also dc.fine tlle".mcthod for snid mm.m.i.sillms or committees 10 regon bilck 10 the CjIY Council on their respeclive accom Jishments.The-CiD:Manage simi I assi n.swtTmember lo_assisLeach com ission or committee and to_pro_'lidc necessary support.Should the City Manager believe that requests of slaff time and City rcsmlr~C5 arc cithcr.inappmpdate or Cx,ccssiYc.the Cjty Managcr.mnY4cgu.CSl dio:ctiunLnctiQu frnmJhc City Council faues.ollltiQl1, ~Dissolution ...(Deleted:~ Except as provided by the City's Municipal Code,the City Council may disselve 2R el.:isliRg Beare.eelllAlissieR.sr eemillittee iflAe CSl:!Aeil HAas tha~~ese eftAe a&vtsery Beare is AS ISR:>er neeessar)"SF reEluirecl.dissolve an existing.commission,or commiuee ifille Cit)'Council 1-0;.e;.J;;eted;;;;;';.bo"'~"~-i fiuds.thm the nur hcsommiltee or c_ommjss.lQJ]js...noJongcr.nec.essn[Y ouequir.e.d,_._Deleted:ild\'isoryboard. ~')City Cguncil S.ub.cillnmittees Cit\'CmmillAd-Hoc and St'm.dln~mi.1te.e..s...ma~c.ilte.d hy the CitX-C.mIDcjl from lime 10 time tp..gatlu:r information ancl..r£~he Gill CiD:..C.o.unciI...Ihe..C.i1)'.Manllger shall prOvide staff suppon as deemed appropriate by the City Council in order [Q achiey£.the specified goals for which (he , {Deleted:ins------'-=="-=------' Subcolllminecs \\"er~cr~aled. City CpunciLSubcrunmitLCcs..shall he compo.s.ed of two City CQuncil;nemb.crs, IimeJy-s'ubcornmjnee Reports shall be conveyed to the fulLCilv Council dueing the Council Oml Repo(ts section orthe.Council agcnda..The Cjty Council Ad-Hoc and Standing_Subcommittees will strive to l-:ecp -16- alLCo.unciLmcmbers and the public npcosed of CounciLAd·HQ.C and Standing"Sllbcmnmi1tecs~'U:tion5 and accomnlishmems 10.SUSPENSION AND AMENDMENT OF THESE RULES 10.1 Suspension Except as required by State law,any provision ofthesc Rules not alrcady governed by the City's Municipal Code or the California Government Code may be temporarily suspcnded by a majority vote of the GetmeilRlemhersCmmc.ilJnembers who are present. 10.2 Amcndment Thesc Rules may be amended by additions or deletions or new rules adopted by a majority votc of the Council,provided the proposed amendment or new rules arc illtreauEeEf iRrs the reEera at tt fJrier placed orLan"agenda as a Rcgular...Busin.cssitcm"H.u'LdlllY...fiutLc.ed CitY..Council mccling,and the plluli.c is..afforde-d thc..oPllOJ1unity to commcnubercoo. II.MISCELLANEOUS RULES I I .1 Motion to be Slaled The City Clerk shall state all motions submitted for a vote and announce the result. 11.2 Roll Call Votes Roll call votes shall be required for adoption of ordinances,adoption of resolutions,approval of agreements and actions involving the payment ofmoncy.Upon demand by a Council member.ffiage gefufe-t.ke "~Ia)'s"are eall~F;-a roll call vote shall be laken on any motion before the Council.The Mayor Pro Tern's name shall be called second to last,and the Mayor's name shall be called last with other members'names called at random by the City Clerk.Members shall not be required to give explanations of their vote during roll call. 11.3 Silence ~Durin£!<!..£().I!~_~~i.~~..~~te (~Y~~_[l!1_~.~!1ys)J.?j!~_~~_~.()f.~yAleR1.~~r~.~_()~t)~i.1 m;mber(g~~.I}~~~~.a... ne!!ativ(,".or Na\'.vote..................... 11.4 Continuance of an Item I.Continuance by a Getineilm_Cmm"il.mcml1l:r Any Councilmember may make a motion to continue an item (not subject to a deadline)to the next agreed upon meeting.This continuance may only be approved or denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a CeuHeilnu!lfI\:JerCouncil membe Anyone may request a continuance of an item and the Council.by n majority vote,may grant -17- Deleted:Altbm!l!h no!in accord:mce wilh"Roscnhag'SM or -BobCO's Rules oCOrdl:r -durine Qoong Deleted:nffinn:llivc 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:(I)the date of the notice of public hearing was published if the item is subject to a public hearing or;(2)the time '* the Council agenda was posted for items not subject to a public hearing;or, (c)The continuance does not adversely affect the City,any of the affected parties,or the welfare of the City's residents. 11.5 Personal Privilege The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the integrity,character,or motives of the Councilmember is in question.or where the welfare of the Council is concerned. 11.6 Motion to Reconsider A motion to reconsider any action taken by the Council may be made in accordance with the following: I.The motion must be made by a member of the prevailing side.although it may be seconded by any CSHReiIAlel'Rber.CmmoLmcmbcr. 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 nOl be deprived of any righLS and privileges of a Councilmember. Any ruling of the Mayor may be appealed at lhe request ofa Councilmemhcr.The Mayor shall call for a roll call vote to determine if the ruling is upheld by a majority vote. 12.3 Precedence of Malians When a motion is before the Council,no mOl ion shall be entertained except: I.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 afe vOled on first;main motion vote is last.A motion may be amended more than -18- once with each amendment being voted on separate I)'.There shall only be one amending motion on the floor at anyone time. 2.Motion to Postpone A motion to postpone indefinitely is debatable.If such a motion is adopted,the principal question is lost.A motion to postpone to a definite time is subject to debate and amendment as it relates to proprielY of the poslponement and time set. 3.Motion to Table A motion to table is ~ta&lenol dehat@.~and is not subject to amendment.The purpose ofa motion [0 table is to temporarily bypass the item.Ifa motion to table is adopted,the item rna)'be taken from the table al any time prior to the adjournmenl of the next regular mecting.If the item is not taken from the table in the time specified,the business of the item is killed. 4 Motion 19 CUll IkQn'Slioo Amotion to Call the Olle.s.tiun.DWSLge1.il se.c.ond andJs not debmable.A vOle on the motion is Luken immediately by mil call Iflbe motion tp Colllhe Question JlllS5.tS a yme QO the mOlino po the floor is taken by rolLcall.If the motion to Call the Question fails.discussion on the motion on the OooLcillllioues. 5.MOljoo tQ Res-cjnd A motion to Rescind musLgeLa.second and is debatable.The motion ma~bc adopted bY--ll majority vote of the entire City Council (3 v_Dtes). •• -19- • Protocol Subcommittee Proposal (as of 5-29-12) DRAFT as of 5/24/2012 CITY OF RANCHO PALOS VERDES PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED COMMISSION AND COMMITTEE MEMBERS I.STATEMENT OF PURPOSE The purpose of this document is to create a single comprehensive protocol for the City Council and Members of City Commissions and Committees (hereinafter referred to collectively as "Officials")to insure the efficient,effective and ethical operation of this municipal govemment.As a statement of purpose,this policy also recognizes that the proper operation of this municipality requires that all of its public Officials be independent and impartial in their judgment and actions;that public office not be used for personal gain;that the public have confidence in the integrity of its Officials;and that public deliberations and actions be conducted in an atmosphere free from personal animosity and hostility. II.INTRODUCTION A.Existing State statutes already address many areas of appropriate conduct.This policy statement is not intended to supersede the State laws with which City officials must comply,including the Political Reform Act of 1974,Government Code Section 1090 and the Ralph M.Brown Act. B.As a matter of practice,this policy should be read and reviewed periodically by all members of the City Council and by the Members of City Commissions and Committees. C.Not all conduct and behavior fit neatly within this Protocol.The rules and procedures listed herein are designed to clearly define conduct in common situations. Special circumstances may not be easily resolved by simply referring to this Protocol. The City Council can proVide specific interpretation through review with the City Attorney,as necessary. D.In this City's Council/Manager form of government,the City Manager is the "administrative head"(Municipal Code Section 2.08.070)of the City government under the direction and control of the City Council.The City Council is the chief policy- making body of the City.Direction to the City Manager on policy matters and issues shall occur at regular and/or special sessions by a majority of the City Council. E.The City historically has recognized the value of municipal organizations and associations including the League of California Cities,Califomia Contract Cities Association,South Bay Cities Association,etc.,and that City Officials should participate in their meetings and seminars when appropriate. -1- DRAFT as of 5/24/2012 III.PROTOCOL FOR CITY OFFICIALS The proper operation of this local government requires that its public Officials be independent,impartial and responsible to its residents;that its public Officials strive to cooperate and work together for the common good of the City;that decisions and policy be made in the proper channels of the government structure;that public office not be used for personal gain;and that the public have confidence in the integrity of its public Officials.In recognition of these goals,the following protocol is hereby prescribed for the City's Officials,who shall: 1.At all times during the performance of their City duties,adhere to their oath of office (Cal.Const.Art.XX Section 3)and comply with all State ethics laws for public officials. 2.Provide fair and equal treatment for all persons and matters coming before the City Council,Commissions or Committees.No Official shall grant any special consideration or advantage to any citizen beyond that which is available to every other citizen. 3.Be prepared,learn and study the background and purposes of items that are on the agenda before voting.To the extent possible, raise any questions pertaining to agenda items with appropriate City Staff and the City Manager prior to the meeting where the item will be discussed. 4.Represent and work to protect the rights of all residents of the City, without favoritism,conflict of interest or for any personal gain. 5.Faithfully perform all duties of office. 6.Refrain from disclosing confidential information that is leamed during a closed session held in accordance with the Ralph M. Brown Act (Cal.Gov!.Code Section 54950,et seq.)of the City Councilor any of the City's Commission's or Committees and refrain from disclosing information that is subject to the City's attorney client privilege,unless disclosure is specifically authorized by a majority vote of the City Council. 7.Refrain from abusive conduct,personal charges or verbal attacks upon the character,motives,ethics or morals of other members of the Council,Commissions,Committee Members,City Staff or the public,or from making other personal comments that are not germane to the issues before the City Council,Commission or Committee. 8.Listen carefully,courteously and attentively to all public discussions at City Council,Commission or Committee meetings and avoid -2- DRAFT as of 5/24/2012 interrupting other speakers,including other City Officials,City Staff, or the public. 9.Foster a positive attitude and constructively foster open communication in dealing with the public,City staff and all City Officials.City Officials should keep an open mind in dealing with issues and attempt to work out solutions and/or compromises that meet the needs and interests of all parties. 10.Faithfully attend all sessions of the City Council,Commission or Committee of which the person is a member unless unable to do so for some compelling reason or disability. 11.Accept as a personal duty the responsibility to conduct this City's business with professional competence,fairness,impartiality, efficiency and effectiveness. 12.Advise appropriate City staff when a quorum of the City Councilor a Council standing sub-committee or a quorum of a City Commission or Committee meets with another governmental agency's officials,citizen groups,homeowners'associations, county or contract officials,development applicants,etc.,to insure proper notice of such meetings is given in accordance with the provisions of the Ralph M.Brown Act. 13.Respect,support,and when necessary,work to improve intergovernmental relationships between this City and other neighboring cities,the County of Los Angeles,the State of California,and the federal government. 14.Unless authorized to do so by the City Council,do not make statements,either orally or in writing,that assert or would cause a reasonable person to believe that you are acting on behalf of the City.Accordingly,if a City Official testifies,either orally or in writing,before an administrative body of a governmental agency outside of the City,and identifies himself or herself as a City Official,that Official also must state that he or she is not appearing or testifying in any official capacity and is not representing the views or opinions of the City;rather,he or she is representing his or her own views as a private citizen. 15.The use of City-owned equipment,materials or property for personal purposes is prohibited,except when such equipment or property is available to the public generally or is provided to City Officials,pursuant to City policy,in the conduct of City business. 16.All City Officials shall disclose any corruption,fraud,and bribery to appropriate authorities. -3- DRAFT as of 5/24/2012 17.No City Official shall make,participate in making,or use his or her official position with the City to influence any governmental decision directly relating to any person or entity with whom he or she is negotiating or has any arrangement concerning prospective employment or any other prospective business relationship that will be a source of financial gain to the City Official. -4- Protocol Sharon Yarber,et at.Proposal (as of 5-28-12) DRAFT as of 5/22/2012 CITY OF RANCHO PALOS VERDES PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED .!'lOARD.COMMISSION AND COMMITIEE MEMBERS I.STATEMENT OF PURPOSE The purpose of this document is to create a single comprehensive protocol for the City Council and Members of City BoardsJ ..Commissions and Committees (hereinafter referred to collectively as "Officials")to ,gnsure the .'efficient,effective ..and ..ethical ..operation of ..this municipal government.As a statement of purpose,this policy also recognizes that the proper operation of this municipality requires that all of its •Officials.be independent and impartial in their judgment and actions;that pUblic office not be used for personal gain;that the public have confidence in the integrity of its Officials;and that public deliberations and actions be conducted in an atmosphere free from personal animosity and hostility. II.INTRODUCTION A.Existing State statutes already address many areas of appropriate conduct.This policy statement is not intended to supersede the State laws with which City officials must comply,including the Political Reform Act of 1974,Government Code Section 1090 and the Ralph M.Brown Act. B.As a matter of practice,this policy should be read and reviewed periodically by all members of the City Council and by the Members of City Commissions and Committees. C.Not all conduct and behavior fit neatly within this Protocol.The rules and procedures listed herein are designed to clearly define conduct in common situations. Special circumstances may not be easily resolved by simply referring to this Protocol. The City Council can provide specific interpretation through review with the City Attorney,as necessary. r.~elet~;i'=:::=.__:=J .{~~~~~:~:p'~:~ii~:::::::::::::::::] D.In this City's Council/Manager fonm of government,the City Manager is the "administrative head"(Municipal Code Section 2.08.070)of the City government under the direction and control of the City Council.The City Council is the chief policy· making body of the City.Direction to the City Manager on policy matters and issues shall occur at regular and/or special sessions by a majority of the City Council. E.The City historically has recognized the value of municipal organizations and associations including the League of California Cities,California Contract Cities Association,South Bay Cities Association,etc.,and that.0ffic!al~sh9lJld.particip'!t<;!in their meetings and seminars when appropriate. ·1· ._._..J DRAFT as of 5/22/2012 III.PROTOCOL FOR _OFFICIALS .!Oeleted:CITY The proper operation of this local government requires that its public Officials be independent,impartial and responsible to its residents;that its public Officials strive to cooperate and work together for the common good of the City;that decisions and policy be made in the proper channels of the government structure;that public office not be used for personal gain;and that the public have confidence in the integrity of its public Officials.In recognition of these goals,the following protocol is hereby prescribed for the,....(Oeleted:City's Officials,who shall: 1.At all times during the performance of their City duties,adhere to their oath of office (Cal.Canst Art.XX Section 3)and comply with all State ethics laws for public officials. 2.Provide fair and equal treatment for all persons and matters coming before the City Council,Commissions or Committees.No Official shall grant any special consideration or advantage to any citizen beyond that which is available to every other citizen. 3.Be prepared,learn and study the background and purposes of items that are on the agenda before voting.To the extent possible, raise any questions pertaining to agenda items with appropriate City Staff and the City Manager prior to the meeting where the item will be discussed. 4.Represent and work to protect the rights of all residents of the City, without favoritism,conflict of interest or for any personal gain. 5.Faithfully perfonm all duties of office. 6.Refrain from disclosing confidential information that is learned dUring a closed session held in accordance with the Ralph M. Brown Act (Cal.Govt Code Section 54950,et seq.)of the City Council or any of the City's Commission's or Committees and refrain from disclosing information that is subject to the City's attorney client privilege,unless disclosure is specifically authorized by a majority vote of the City Council. 7.Refrain from abusive conduct,personal charges or verbal attacks upon the character,motives,ethics or morals of other members of the Council,Commissions,Committee Members,City Staff or the public,or from making other personal comments that are not germane to the issues before the City Council,Commission or Committee. 8.Listen carefully,courteously and attentively to all public discussions at City Council,Commission or Committee meetings and avoid -2- DRAFT as of 5/22/2012 interrupting other speakers,including other ,Officia.I~,.9ity..Sta.ff,.or. the public. 9.Foster a positive attitude and constructively foster open communication in dealing with the public,City staff and all,()!!i~i.als.".·~:cnY,_,~~J Officials should keep an open mind in dealing with issues and '..1Deleted:Clly J attempt to work out solutions and/or compromises that meet the needs and interests of all parties. 10.Faithfully attend all sessions of the City Council,Commission or Committee of which the person is a member unless unable to do so for some compelling reason or disability. 11.Accept as a personal duty the responsibility to conduct this City's business with professional competence,fairness,impartiality, efficiency and effectiveness.. 12.Advise appropriate City staff when a quorum of the City Council or a Council standing sub-committee or a quorum of a City Commission or Committee meets with another governmental agency's officials,citizen groups,homeowners'associations, county or contract officials,development applicants,etc.,to ,gnsur",....' .{~~i.;t;;;i;i..~~:~] proper notice of such meetings is given in accordance with the proVisions of the Ralph M.Brown Act.Members of the oublic mat aiiend any such meetings. 13. 14. 15. Respect,support,and when necessary,work to improve intergovernmental relationships between this City and other neighboring cities,the County of Los Angeles,the State of California,and the federal government. Unless authorized to do so by the City Council,refrain irom m<:tillDg .....'{Deleted:o;;;;;,-"--'--J statements,either orally or in writing,that assert or would cause a .I Deleted:e ) reasonable person to believe that you are acting on behalf of the City.Accordingly,if a ,O!!i~i§ll jestifi!ls,!lither O!<:tl!y or In writing,".'.~"""!.:C.I'Y.._",_,_..._.._.,.J before an administrative body of a governmental agency outside of the City,and identifies himself or herself as a ,Official,thatOfficial {Deleted'...':'_Y_.~ also must state that he or she is not appearing or testifying in any official capacity and is not representing the views or opinions of the City;rather,he or she is representing his or her own views as a private citizen. ~-~_..__._--___._.._. •Refrain from usinq G.ity:owl1ede,quiJ)ment,..f"I1ateria]s.()r prqJ)El.t1y.for,\Deleted:The use 01 personal purposes"except when such eCjuipment or property is ·j Deleted:Is prohlbned available to the publicgeneralii or is 'provided to,9flicials,pursuant,..'··rD~I';;;;7c;i;····"'····-·"-""'·······-J to City policy,in the conduct of City business.'..... -3, DRAFT as of 5122/2012 16..,Qisclose "any_cor~llption,"frau,d,",!nd "i:lribf>'Y "\0 "appropriate authorities. 17..Hefrain trom mak,illg,participat!rill in making,or U!;ill9.his or her,_-(1i;;i;;i;;d;N;-Cii;oo,;i;;l;;;;ii'--------- official position with theCily to influence a'-ny-gove-rnmentafdecision >-,--1'Deleted:e"" directly relating to any person or entity with whom he or she is .._1o.i;;;;;;;;-;;-m_~-_..~) negotiating or has any arrangement concerning prospective i Deleted:e J employment or any other prospective business relationship that will {"'",mm~~,,,~~_".__,_.Deleted:City Jbeasourceoffinancialgaintothe.Offi~i<lL__-------------....-------------------..----..-..-------- -4- TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS CITY CLERK MAY 29,2012 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting: Item No. 1 3 Description of Material Supplemental memo from staff with attached email from Chip Zeit; Emails from:Lenee Bilski;Sunshine;Milton Rosen;Email exchange between City Manager Lehr and Sharon Yarber;Public Notice regarding Revision uQQu to the Trump National Golf Course Project Replacement Page Nos.3-25 &3-26;Email exchange between Planning Commissioner William Gerstner and Deputy Community Development Director Pfost;Emails from:Marty Foster;Lynn Swank Respectfully submitted, eztd-7J'bU/!£Z/C Carla Morreale W:V\GENDA\2012 Additions Revisions to agenda9.20120529 additions revisions to ag;!nda.doc CrTYOF MEMORANDUM RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS GREGORY PFOST,DEPUTY COMMUNITY DEVELOPMENT r\~~ DIRECTOR \If\ MAY 29,2012 LATE CORRESPONDENCE AND PROPOSED REVISION TO MITIGATION MEASURE H-2 -REVISION "QQ"TO THE TRUMP NATIONAL GOLF COURSE PROJECT Proposed Revision to Mitigation Measure H-2 On May 25,2012,Staff received the attached correspondence from Mr.and Mrs.Zeit regarding Revision "QQ"pertaining to the Trump National Driving Range on the agenda this evening.Mr.and Mrs.Zeit,who reside in the Portuguese Bend Club adjacent to the western boundary of the Trump project site,requested a revision to the fourth bullet point of mitigation measure H-2.Specifically,they requested that this bullet point not be deleted,but modified slightly,so that an on-site person would be at the tee areas to monitor the driving range to help ensure that golf balls do not go beyond the westerly tee area.Staff spoke with the Trump Organization's General Manager who agreed that they could have a Staff member at this location,but requested that the term "Golf Professional"be changed to "Golf Staff Member". As such,Staff proposes that mitigation measure H-2 be revised to keep the fourth bullet point and be modified as follows: •H-2:Tile proposed use of the driving range shall comply with the following: o Golfers will hit primarily from east to west,while Golf Professional Staff may teach some private golf lessons on the western side of the driving range under strict supervision. e---Gelfers-will-be-reotRsfefi...le-fJ8iRf/-6eFiaiR-f/elf-GIIlliJs-depoRf#Rf/4/peR-WhiGlHee-aFea-lRey aFe-RitliR[J frem-t>a8efi-llpGR-#le "Golf $Rot-PIa~posifiGally,$eslieR "A"of-#l8-fJelf-leei!! will-be-llfiofi..feF-8Rels Iral'eliR[J IlJ3 10 140 'laFG8,Soslie~ill-be-llfioG for sRels tFaI'oliR[J eelweoR 140 'laFG8-flRG 21 a yaFf/&,-aRfi-$eslieR-.!!G!!-wiII-be-llfiefi..feF-8Ref8 ~'71'JOIiRfj-eWlF ~FGs-f8oe-&<hieit-q., e-----&i€lRs-wiII-be-pG8fefi-iR-SostieFls "A ","B'!-aRf!..!!9-RetiRft<lisiaRS08-fllllheFii<8G-te-tlit-fFem eacR 100 sostieR. o An on-site Golf ,D{o{essioRal SIaff Member will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that shots do not go bevond the westerlv tee areas or over the proposed westerly hedge Ihe-pFGPeF-fleJf-GIIlB8-flra I Revision "QQ"-Trump National Golf Club May 29,2012 Page 2 of2 eeiRfllJseci from the PFePfJl'-fees. o When lessons are being taught at the eastern edge of the driving range,the on-site Golf Professional Staff will ensure that the longer shots from the western side of the driving range are prohibited. Monitoring and Reporting Action Milestone:On-going during use of driving range Site Plan Revision Staff and the Applicant met on site to identify a location where the 12'high fence/iandscaping would change to the 6'high fence near the southwest corner of the Driving Range.The purpose of identifying a specific location was to ensure that there is a clear indication where the 12'high fence/landscaping would stop so as not to encroach into views from neighboring homes in the Portuguese Bend Club nor from Palos Verdes Drive South.Attached is a revised site plan which shows the location of where the 12'high fence/landscaping changes to the 6'high fence with a specified GPS coordinate.While the attached 8 Y2"x11"site plan may be difficult to read, Staff will have a larger copy to view during its presentation this evening and included in the project file for record. 2 of.Lj Greg Pfost From: Sent: To: Subject: Chip Zeit [chipzelt@gmail.com] Friday,May 25,201212:13 PM Greg Pfost Trump Revision QQ Dear Gregg,Mayor and City Council members: Gregg: Per our phone conversation today on the upcoming revision QQ for Trump National Driving Range.I would like the city to consider keeping in the following sentence partially under H-2 mitigation measures. An on site Golf Professional will monitor all tee areas of the driving range during all operating hours of the driving range to ensure that (strike thru the proper golf clubs are being used from the proper tees)shots do not go beyond the westerly tee areas or over proposed westerly hedge. Believe this will help the city if any accidents!damage to people or property do to errant driving range golf ball shots occur in the future. Thank you for your time. Chip and Pat Zeit , I Jl I ""i,!'. q q q ~;~]1' I;! i:~m ~h r ~•II !i ---------'-f-o~L1:~------- Page 1 of 4 From:Lenee Bilski [Ieneebilski@holmail.com] Sent:Monday.May 28.2012 7:58 PM To:cc@rpv.com Cc:Greg Pfost Subject:Trump Revision "QQ"5/29/2012 CC Agenda May 27,2012 Honorable Mayor and City Council Members of Rancho Palos Verdes, I am writing to you regarding protection of the HABITAT area and retaining the current SAFETY conditions at Trump National Driving Range.There are Conditions {Mitigation Measures on the June 7, 200S Trump Driving Range Permit that apparently are not being fOllowed.Some are regarding safety, and others involve damage to dedicated habitat areas. I am opposed to proposed Trump National Revision "QQ".(I wish the staff report was made public earlier than May 25th) Summary: •Do not remove the current Mitigation Measure (H-2)that specifies how the Driving Range is to be operated to ensure safety to adjacent public and private uses.The Trump Staff currently is required to monitor golfers and still I was almost hit by a golf ball whizzing across the trail,and there are numerous balls on the trails and in the habitat.(H-1,H-2,Findings #1, #4,#6» •Do not approve removai of the "retaining wall."Uphoid installation of the retaining wall and fencing as originally approved in 2005.The City requires residents to put in caissons and build retaining walls for structural safety.The retaining wall was required for good reason in 2005 and the current staff report gives no reason for its removal.It may cost a little extra for the retaining wall at the 12ft.berm,but safety should not have a price put on it! (Findings #1,4,6) •Do not approve the request for a hedge which grows in width as well as height instead of the approved narrower two-dimensional retaining wall with fencing on top.There is no space for a hedge next to the public ADA compliant trail for pedestrians and bicycles,and a hedge will not secure a berm as a retaining wall would.(Finding #1) •Do not change the requirements for planting of habitat restoration.We have already waited 7 years since the Driving Range was approved for the trails to be built and the habitat restored. Who knows when the groundbreaking for more homes will take place?-especially since many of the homes already built in the other tract have yet to be sold.(B-2,B-4) •Approve Alternative NO.1 OR •Piease consider continuing this item to another meeting due to late publication (Fri.)of the staff report just before a 3-day holiday weekend because of safety issues that require more time for further investigation and to give the public more time for input on this item. I was almost hit by a flying golf ball as I was walking on the Trump dirt "trail"below the Driving Range (trail not yet constructed as approved).While walking with a friend on May 9,we stopped to look at a golf ball that was laying right in the middle of the public trail when a ball flew across the traii a few feet in front of us and landed in the adjacent habitat.If we had not stopped on the trail when we did,we might have been hit.That prompted us to take a count of how many balls were visible that day inside the habitat.I had not walked that trail before.Was this just one bizarre event,or a common occurence???A couple of days later,we discovered that the balls we had seen had disappeared.The 5/29/2012 (j)/ Page 2 of4 count on May 9 was forty-two (42)golf balls in the habitat that we could see.I was shocked.There are trails into the habitat from the public trail apparently made by humans,not animals. A few days later,as I was driving on PVDr So.I noticed Trump staff out on the public trails with equipment to vacuum up the bails.I took a walk the next day and there were 8 bails in the habitat. May 21 there were (sixteen)16 bails in the habitat and thirty-nine (39)bails on the ~public trails area north &west of the Driving Range (Portuguese Bend Club and street side).On May 23 I observed that most bails were gone from the habitat. Revision "QQ"on Page 3 (of 59)of the Staff Report,it is acknowledged that the california Department of Fish and Game and the United States Fish and Wildlife Service must approve re-vegetated habitat areas.New habitat areas must be planted to mitigate adverse impacts.Are these agencies currently aware of the requested changes? From 2005 "W"Revision:Executive Summary "With exception to the Applicant's request for reduced front and rear yard setbacks for Lots #22 and #23,Staff recommends approval of the applicant's request because the project will 1)improve the visual quality of the area by providing more open areas (driving range and open space)and reducing developed areas (less 16 residential lots and 2 public streets),2)meet all of the necessary findings,and 3)provide for an additional golf amenity that will improve the Viability and recreational opportunities of the Trump National Golf Club" Now Trump National has requested Revision "QQ"so that certain approved SAFETY CONDmONS on their project be removed.Trump is asking that they NOT be required to build a retaining wall for the berm,and NOT build a fence on top of it along the southern side next to the public trail and habitat area to prevent bails from leaVing the Driving Range.The proposed alternative-various safety fencing-sounds horrendous.Rev."QQ"also requests that the Trump staff NOT be required to advise golfers as to which clubs to use from different tee boxes and the different driving distances from A,B,C areas of the Driving Range practice area.Why?I do not find the answer in the 5/29/12 staff report. The 2005 Driving Range (Revision "W")approval reqUired the Council to make ail six (6)Findings of Fact for the Amendments to CUP No.162 and 163,ail 6 of which must be re-affirmed for proposed revision to be approved. I do not believe Findings 1.3,4 and 6 can be made for "QQ". #1."That the site is adequate in size and shape to accommodate the proposed use and for all of the yards,setbacks,walls,fences,landscaping and other features required by this title or by conditions imposed under this section to integrate said use with those on adjacent land and within the neighborhood. The topography of the proposed driving range depicts a slight bowl shape with edges of the bowl along the southern and northern sides of the driving range.The intent of this shape is to retain golf balls within the range area." In 200S staff explained why this Finding could be made including this: ''There is a public pedestrian/bicycle trail along the western and southern edges of the driving range.Along the western edge,this trail will be separated from the driving range by a 6'high decorative wire mesh fence,which will aid in keeping bails that may travel the +275 yards to the trail from coming onto the trail.Along the southern edge,the topographical bowl feature of the driving range will protect the trail,as the trail is located on the southern side and downslope of the driving range,This trail is proposed to be located immediately adjacent to g..§ ,high retaining wall (on the north side of the trail)with a 6'high decorative wire mesh fence atop the retaining wall to catch bails that may roil onto the trail,Landscaping wiil also be planted on the southerly side of the downslope to further hinder golf bails from reaching the trail.As discussed in the "Project Description"section above,it should also be noted that the applicant wiil implement a "Driving Range Use Program"that will ensure that certain tees are used for certain clubs with the intent on keeping golf bails from escaping the driving range area (see "Shot Pattern"exhibit in the MND,which is based upon the United States Golf Association "Golf Course Accuracy Patterns")." 5/29/2012 Page 3 of 4 I do not believe Finding #1 can be made for proposed Rev."QQ".The City should remain strong about there being a retaining wall and not a row of hedges trying to support a man-made berm of compacted soil.There is no additional room for the width of a hedge instead of a mesh fence (even if trimmed regularly).Between the Driving Range and the habitat,is an already approved 8 ft.wide Bike path,with one foot of dividing space along with an approved 5 ft.ADA compliant walking trail.This has yet to be built as approved. #4.That the proposed use is not contrary to the General Plan In 2005 staff explained: "Further,due to the driving range design and operation,there will not be a significant adverse impact to existing and proposed habitat areas located to the south of the proposed driving range.Specifically,the design Includes an earthen berm,native vegetation and a 5'tall retaining wall with a 5'tall decorative fence to contain golf balls to the driving range.Additionally,driving range users will be segregated by the type of golf clubs so that errant golf balls are less likely to escape the driving range fence" "QQ"requests removing the approved design and operations mitigation measures without good cause,even though balls are escaping the driving range now.This Finding #4 should Not be re-affirmed,and B-2,B-4 should remain. #3.That,in approving the subject use at the specific location,there will be no significant adverse effect on adjacent property or the permitted use thereof. In 2005 staff explained: "Besides the golf safety issues,which have been addressed in Finding #1 above,the only other potential effect on adjacent property is the potential for view and/or visual impacts.There are existing scenic vistas over the property from Palos Verdes Drive South and the Seaview neighborhood to the north as well as to some residents in the Portuguese Bend Club located to the west of the project site.While the proposed berm will be higher in a relatively small area,given the distance and angle of view,there will be no additional significant adverse impacts to scenic views as a result of the proposed project. Additionally,the proposed project will not significantly impact or degrade the existing visual character or quality of the site and its surroundings,as it would actually improve the visual character by replacing 15 single-family residential lots and 2 public access streets with open area to be used by the driving range." The proposed fencing as shown in "QQ"photos shows a major impact to ocean and pastoral views both for private residences and for the public using the trail in this location,so this Finding #3 should Not be re-affirmed." 6.That conditions regarding any of the requirements listed in this paragraph,which the City Council finds to be necessary to protect the health,safety and general welfare,have been imposed:a. Setbacks and buffers;b.Fences or walls;c.Lighting;d.Vehicular ingress and egress;e.Noise, vibration,odors and similar emissions;f.Landscaping;g.Maintenance of structures,grounds or signs;h.Service roads or alleys;and i.Such other conditions as will make possible development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this title. In 2005 staff reported:"As shown in the attached MND,various mitigation measures have been added to the project to ensure that the development of this project will protect the health,safety and general welfare.As such, Staff feels that this finding [#5]can be adopted." I believe since Rev."QQ"requests removal of certain safety measures for operation of the Driving Range and removal of the requirement for the retaining wall,this finding #5 should Not be re-affirmed.The Trump staff should be reqUired to advise golfers as to which clubs to use from different tee boxes and the different driving distances from A,B,C areas of the Driving Range practice area ...Unless lOW-impact balls were to be required to mitigate the risks from duffers. >From page 5 of 59 of 5/29 staff report: "Upon Visiting the site after the Driving Range has been in operation,and considering that there have been more than 9,500 users of the Driving Range without incident,the same Golf Safety Consultant has confirmed that these mitigation measures may be adjusted as discussed above ensuring that there will still not be a potentially significant adverse hazard impact to public safety."That is not exactly correct.The writer supports the current 5129/2012 Page 40f4 measures approved in 2005,and has reservations about what is proposed. (see letter pg.52-55 of 59)Kipp 5chulties Golf Design,Inc.president's letter talks a lot about safety and risks on the Trump Driving Range.This city consultant states "However,in our opinion,achieving excellence at the expense of public safety should not be deemed acceptable." Consider how much more usage these Trump trails will get once the improvements are completed & "announced"-e.g.recent RPV (dog)Beach publicity! If infrastructure will run beneath the already planted Driving Range and through the already planted southerly berm to connect to existing infrastructure on the southerly side of the Driving Range (5/29 staff report pg.4 of 59),then the habitat restoration (B-2,B-4)should not be delayed any longer. Planting now and partial removal iater of some of the habitat plants should not pose a problem and I doubt animals or birds would be harmed by temporary disruption of the planted habitat if and when there is development of the ten (10 not 12)homesites north of the Driving Range. Please consider continuing this item to another CC meeting due to late publication (Fri.)of the staff report just before a 3-day holiday weekend -there are safety issues that require more time for further investigation,OR approve Alternative No.1. Thank you for all you do for RPV! Sincerely, Lenee Bilski 5/29/2012 Page 1 01'2 From:SunshineRPV@aol.com Sent:Monday,May 28,2012 8:40 PM To:cc@rpv.com Subject:Revision "QQ"to the Trump National Golf Course Project MEMO from Sunshine TO:RPV City Council RE:May 29,2012 Revision "00"to the Trump National Golf Course Project-Proposed Revisions to Driving Range -Location:One Ocean Trails Drive [Continued from May L 2012](Pfost) JUST SAY NO. Private property vs Coastal Zone visitor safety/quality experience vs habitat creation. We already know that these three are in conflict with each other. Add in the proposed change in timing,this is a case of what engineers call the "tension triangle".It doesn't take a degree in engineering to realize that once you know what you want,one has to compromise.Nobody gets more than two of the following three. Exactly what is desired. Have it immediately. Get it cheaply. Trump knows what he wants,is willing to wait only so long and is willing to pay dearly.All that is standing in his way is what "government"can't make up their minds about. Trump bought the property with "conditions"in place.Those conditions represent public access "safety"as government's primary role and "habitat restoration"as government's expression of power over "we the people". Trump has every right to keep pushing both RPV and the California Coastal Commission into making little decisions since these "little bodies"can't seem to agree on what they really want. Right now,the RPV City Council is not as clearly divided as was the previous Council."Exactly what is desired"by the general population has now been clearly defined into two factions. #1 Cover the City with concrete except for some "safe"manicured public trails and massive nature reserves where only Law Enforcement Officers and persons with Biology Degrees may admit tourists. #2 Cover the city with massive nature preserves,emergency circulation, recreational trails,active recreation facilities,educational agriculture and the opportunity for private citizens to participate. QQ is designed to make you choose sides in a way that will impact the future development of the whole city.Staff is recommending that you water down a few of 5/2912012 // Page 2 of2 the visitor serving conditions before the agreed upon monitoring of the effectiveness of the conditions.The quality of the habitat planting is very subjective.I favor the above option #2. Don't make the findings. 5/29/2012 Page 1 of 1 Carla Morreale From:rosen0707@aol.com Sent:Monday,May 28,2012 11 :17 PM To:cc@rpv.com Cc:leneebilski@hotmail.com Subject:Trump Rev.QQ Staff ReportRevioew This 59 page report was issued on 5/25/12,just before a 3 day holiday,and the public review was scheduled the first day after the holiday on 5/29/12. I do not believe that that ia sufficient time for the public to review and provide a reasoned response to the requested revision. Therefore,please continue this item for review to a future Council meeting. Milton Rosen 4140 Admirable Dr. RPV,CA 90275 5/29/2012 / Page 1 of 1 Carla Morreale From:Carolyn Lehr [clehr@rpv.com] Sent:Tuesday,May 29,2012 11 :08 AM To:sharon yarber;Lenee Bilski;rosen0707@aol.com Cc:cc@rpv.com Subject:RE:Trump Revision Sharon, All indications are that the staff report on Trump Revisions were delivered to Council and posted on the website on Thursday evening,along with the other Council meeting material.Can you tell me what gives the impression it was not available until Friday evening,so I can look into whether we had any technical glich on the posting? In addition,Greg Pfost confirmed with me this morning that he had sent out the public notice on this proposal several weeks ago in the standard format (I have asked Greg to provide me with the date and distribution details,which I will share when I receive his summary today). So this item has actually been publicly noticed in detailed format for several weeks now, and Greg reports little public comment received until now.I appreciate your interest,and it goes without saying that the question to postpone will be left to the Council this evening. Copy to Lenee Bilski,Milton Rosen,and City Council Thanks, Carolyn Lehr From:sharon yarber [mailto:momofyago@gmail.com] Sent:Tuesday,May 29,2012 6:55 AM To:cc@rpv.com Subject:Trump Revision Dear Mayor Misetich and Council members, Please postpone until the next COlmcilmeeting the Trump revisions issue.The staff report did not come out tmtillate Friday,i111111ediately preceding a three day holiday and I have not had adequate time to review the staff report.There are issues of safety that need to be addressed,and this matter warrants providing the public with adequate time to consider the implications of the revisions.We've gone this long -two more weeks will not make a difference. Thank you, Sharon Yarber 5/29/2012 I From: Sent: To: Cc: Subject: Attachments: Carolyn Lehr [clehr@rpv.com] Tuesday,May 29,20124:24 PM sharon yarber;Lenee Bilski;rosen0707@aol.com cc@rpv.com FW:Trump Revision QQ Notification Revision QQ SMND 05012012.pdf Revision QQ 5MND 05012012.pdf ... Dear Residents, Please see Greg pfost's further verification of the noticing requirements for the Trump Revision.The notice itself is included as an attachment.I hope this helps. Carolyn Lehr -----Original Message----- From:Greg Pfost Sent:Tuesday,May 29,2012 1:16 PM To,Carolyn Lehr Cc:Joel Rojas Subject:RE:Trump Revision QQ Notification Carolyn- Sorry,forgot to attach the notice -here it is. -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:Greg Pfost Sent,Tuesday,May 29,2012 11:59 AM To,Carolyn Lehr Cc,Joel Rojas Subject:Trump Revision QQ Notification Hi Carolyn- As you know we recently received correspondence from three members of the public requesting that the Trump item be continued for two weeks as they report that the Staff Report was not made available until late Friday and that more time is needed to evaluate the project.I thought this odd and checked with Carla who verified that the agenda and the reports were available on the website on Thursday. Also,as an FYI,I think it is important to note that on March 28,2012,the attached public notice was sent to 563 property owners within a 500 1 radius of the Trump site,18 interested parties,various governmental/resource agencies,posted on the City's list- serve (1,004 persons subscribe to the Trump list-serve)and published in the Peninsula News. 1 I Thanks. -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 2 CITYOF j"l .ILl"~~ RANCHO PALOS VERDES COMfV1UNITY DEVELOIJfVlENT DEPA"Ti"IENT PUBLIC NOTICE PROPOSED "SUBSEQUENT"MITIGATED NEGATIVE DECLARATION The City of Rancho Palos Verdes hereby gives notice that pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA")and the CEQA Guidelines of the City of Rancho Palos Verdes,the Community Development Director has analyzed the request for Revision "QQ"to the Trump National Golf Club,located on the south side of the intersection of Palos Verdes Drive South and Forrestal Drive,Rancho Palos Verdes,CA 90275. The project is briefly described as: Proposed Revision "QQ"is an amendment to the previousiy approved Revision 'W':which was approved by the City Councii in June 2005 as an amendment to Vesting Tentative Tract Map No.50666 to permit the development of a proposed golf driving range.The driving range has since been constructed per Revision "W"and is currently operating under a temporary permit as it has not been entireiy completed.Proposed Revision "QQ"is a proposed amendment to revise four (4)Mitigation Measures that were approved as part of the certified Mitigated Negative Declaration forthe driving range project (Revision 'W'!. More specifically,the Applicant has requested that adopted Mitigation Measures B-2 and 8-4 be changed so that their respective Monitoring and Reporting Action Milestones are changed to planting the required 0.60 acres of Coastal Sage Scrub "Prior to issuance ofthe first building permit for a home within Vesting Tentative Tract Map No.50666"as opposed to "Prior to Certificate of Occupancy"of the Driving Range.The Applicant has also requested that Mitigation Measure H-1 be revised so that its reference to a specific plan entitled the "Ocean Trails Driving Range/Lot Layout Proposed Amendment Tentative Tract No.50666,dated February 2,2005':which included a safety feature of a 6'high retaining wall with 6'high fence atop,be changed so that the 6'high retaining wall and 6'high fence atop be replaced with an alternative fence that no longer includes the retaining wall portion.Fwther,the Applicant has requested that Mitigation Measure H-2 be revised to eliminate the Z'd,3'"and 4/1'bullet points, which would therefore no longer require that golfers using the driving range use specific golf ciubs at specific tee iocations. As required by Section 15162(b)of the California Environmental Quality Act (CEQA),while there are no significant impacts associated with the proposed revisions that cannot be mitigated,since there are proposed revisions to the preViously certified Mitigated Negative Declaration (MND),namely proposed revisions to the mitigation measures as discussed above,those revisions warrant public review and as such the City of Rancho Palos Verdes has determined that a Subsequent MND is the most appropriate way to document said changes and allow for public input consistent with CEQA policies.Thus,after reviewing the Initial Study and any applicable mitigating measures for the project,the Community Development Director has detemnined that this project (Revision "QQ")will not have a significant effect on the environment.Accordingly,a SUBSEQUENT MITIGATED NEGATIVE DECLARATION has been prepared. A public hearing will be held before the City Council to discuss the project,including the proposed SUBSEQUENT MITIGATED NEGATIVE DECLARATION,on May 1,2012,at 7:00 p.m.at Hesse Park Community Building,29301 Hawthorne Boulevard,Rancho Palos Verdes. 30940 Hi\WTHORNE BLVD /r~('..HO IJpJ.os VERDES.C/\902"15-5391 PLAI'u"lNC;&COf)E ENFORCEMENT DIVISION (3lO)544-5228 /BUll.Dil"R~&SAFFfY DIVISION (310)2li5-71100 I DEPT FI\X {31U}544·S2~3 E,;"lAIL-PLANNlN(,@r~f'V(:C1H I VNI/'vVI'AI ()SVFr~nFS(:rlt--IfI<IJV Public Notice Subsequent Mitigated Negative Declaration Trump National Golf Club -Revision "QQ" Page 2 of2 Public comments will be received by the City prior to final approval of the SUBSEQEUNT MITIGATED NEGATIVE DECLARATION and action on the project,for a period of 30 days (from March 29,2012 through April 27,2012).All interested parties are invited to submit written comments and to attend the May 1,2012 City Council meeting and give testimony.If you should have any concerns regarding this item,please communicate them,in writing to Deputy Community Development Director,Gregory Pfost,prior to 5:30pm on Tuesday,April 24,2012.Written comments submitted after Tuesday,April 24'h,will be given to the City Council prior to the meeting.Please note that written materials,including emails,submitted to the City are public records and may be posted on the City's website.In addition,City meetings may be televised and may be accessed through the City's website.Accordingly,you may wish to omit personal information from your oral presentation or written materials as it may become part of the public record regarding an agendized item. A copy of all relevant material,including the project applications and/or plans,Initial Study,and the SUBSEQUENT MITIGATED NEGATIVE DECLARATION,are on file with the Community Development Department at City Hall,30940 Hawthorne Boulevard,Rancho Palos Verdes,and are available for review between 7:30 a.m.and 5:30 p.m.Monday through Thursday,and between 7:30 a.m.and 4:30 p.m.on Friday. Additionally,the SUBSEQUENT MITIGATED NEGATIVE DECLARATION can also be viewed on the City's website through the following link:http://palosverdes.com/rpv/planning/trump/index.cfm.Furthermore,a Staff Report will be prepared for the May 1,2012 City Council meeting.On April 27,2012,said report should be available for Viewing on the City's website (http://www.palosverdes.com/rpv/).Alternatively,a copy of the Staff Report can also be Viewed at City Hall on the same date.For further information,please contact Deputy Community Development Director,Gregory Pfost,at (310)544-5228 or via e-mail atgregp@rpv.com. Date:March 26,2012 Director By:----,~\==~-?-+---.!.__ Joel STATE GOVERNMENT CODE SECTION 65009 NOTICE:If you challenge this application in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City of Rancho Palos Verdes at,or prior to,the public hearing. Published in the Peninsula News on Thursday,March 29,2012. • EXHIBIT A DRAFT as of 5/24/2012 CITY OF RANCHO PALOS VERDES PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED COMMISSION AND COMMITTEE MEMBERS I.STATEMENT OF PURPOSE The purpose of this document is to create a single comprehensive protocol for the City Council and Members of City Commissions and Committees (hereinafter referred to collectively as "Officials")to insure the efficient,effective and ethical operation of this municipal govemment.As a statement of purpose,this policy also recognizes that the proper operation of this municipality requires that all of its public Officials be independent and impartial in their judgment and actions;that public office not be used for personal gain;that the public have confidence in the integrity of its Officials;and that public deliberations and actions be conducted in an atmosphere free from personal animosity and hostility. II.INTRODUCTION A.Existing State statutes already address many areas of appropriate conduct.This policy statement is not intended to supersede the State laws with which City officials must comply,including the Political Reform Act of 1974,Government Code Section 1090 and the Ralph M.Brown Act. B.As a matter of practice,this policy should be read and reviewed periodically by all members of the City Council and by the Members of City Commissions and Comrnittees. C.Not all conduct and behavior fit neatly within this Protocol.The rules and procedures listed herein are designed to clearly define conduct in common situations. Special circumstances may not be easily resolved by simply referring to this Protocol. The City Council can provide specific interpretation through review with the City Attorney,as necessary. D.In this City's Council/Manager form of government,the City Manager is the "administrative head"(Municipal Code Section 2.08.070)of the City government under the direction and control of the City Council.The City Council is the chief policy- making body of the City.Direction to the City Manager on policy matters and issues shall occur at regular and/or special sessions by a majority of the City Council.. E.The City historically has recognized the value of municipal organizations and associations inclUding the League of California Cities,California Contract Cities Association,South Bay Cities Association,etc.,and that City Officiais should participate in their meetings and seminars when appropriate . -1-3-25 DRAFT as of 5/24/2012 III.PROTOCOL FOR CITY OFFICIALS • 4.Represent and work to protect the rights of all residents of the City, without favoritism,confiict of interest or for any personal gain. 5.Faithfully perform all duties of office. 6.Refrain from disclosing confidential information that is learned during a closed session held in accordance with the Ralph M. Brown Act (Cal.Gov!.Code Section 54950,et seq.)of the City Council or any of the City's Commission's or Committees and refrain from disclosing information that is subject to the City's attorney client privilege,unless disclosure is specifically authorized by a majority vote of the City Council. 7.Refrain from abusive conduct,personal charges or verbal attacks upon the character,motives,ethics or morals of other members of the Council,Commissions,Committee Members,City Staff or the pUblic,or from making other personal comments that are not germane to the issues before the City Council,Commission or Committee. • •Listen carefully,courteously and attentively to all public discussions at City Council,Commission or Committee meetings and avoid 3. 8. The proper operation of this local government requires that its public Officials be independent,impartial and responsible to its residents;that its pUblic Officials strive to cooperate and work together for the common good of the City;that decisions and policy be made In the proper channels of the govemment structure;that public office not be used for personal gain;and that the public have confidence In the integrity of its public Officials.In recognition of these goals,the following protocol is hereby prescribed for the City's Officials,who shall: 1.At all times during the performance of their City duties,adhere to their oath of office (Cal.Const.Art.XX Section 3)and comply with all State ethics laws for public officials. 2.Provide fair and equal treatment for all persons and matters coming before the City Council,Commissions or Committees.No Official shall grant any special consideration or advantage to any citizen beyond that which is available to every other citizen. Be prepared,learn and stUdy the background and purposes of items that are on the agenda before voting.To the extent possible, raise any questions pertaining to agenda items with appropriate City Staff and the City Manager prior to the meeting where the item will be discussed. -2-3-26 -----Original Message----- From:Bill Gerstner [mailto:wgg@squareoneinc.com] Sent:Friday,May 25,2012 3:54 PM To:Greg Pfost Subject:RE:May 8th Draft Minutes Memo I will allow the other Commissioners to respond individually and will not presume to speak for them (although from what I heard at the meeting there was at least a consensus consistent with my opinion)BUT I do not think the memo your presented adequately communicates my sentiment.I believe that the meeting minutes should reflect the actual activities,statements and communications of the meeting.The minutes presented to the planning commission,which were rejected,have selectively omitted full sections of the meeting and the exchange between the participants and therefore fall short of the basic requirement stated above.What was omitted,is not consistent with any reasonable intention to keep the minutes brief and brevity should never take precedence over accuracy and completeness of the minutes.My opinion and request at the meeting was,to assure there is no accidental or intentional omission of the happenings of the meeting,that all the communications that were identified as omitted,be included as a transcript,word for work.This clarity will be required to secure my vote approving the minutes. If this communication is not to be included as late correspondence,please advise as I wish it to be part of the record provided to all Commissioners and Council Members. William G.Gerstner,AIA SQUARE ONE NOTICE:The information contained in this electronic e-mail and any accompanying attachment(s)is intended only for the use of the intended recipient and may be confidential and/or privileged.If any reader of this communication is not the intended recipient,unauthorized use,disclosure or copying is strictly prohibited,and may be unlawful.If you have received this communication in error,please immediately notify the sender by return e-mail,and delete the original message and all copies from your system. Thank you. From:Greg Pfost [mailto:GregP@rpv.com] Sent:Thursday,May 24,2012 12:14 PM To:PC@RPV.COM Subject:May 8th Draft Minutes Memo Good Afternoon Planning Commissioners- The May 8th "Draft ll Minutes of the Joint PC/CC meeting are going to be included as part of the Staff Report to the City Council on the Rules/Procedures/Protocal item scheduled for the May 29th Council meeting. I have crafted the attached cover memo to the "Draft"Minutes.I believe the cover memo succinctly captures the Commission's comments from the May 22nd meeting.If you have any questions/comments please reply directly to me without copying the other Commissioners or pc@rpv.com <mailto:pc@rpv.com> due to the Brown Act. Thanks. -Greg. 3 Sincerely, Gregory Pfost,AICP Deputy Community Development Director City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 (310)544-5228 From:oce@rpv.com [mailto:oce@rpv.com] Sent:Thursday,May 24,2012 5:12 AM To:Greg Pfost Subject:Message from 35C-4 Page 1 of2 --_._-----------_..._._._-------- From:Kit Fox Sent:Tuesday,May 29,2012 8:32 AM To:Carla Morreale;Teri Takaoka Subject:FW:Additional EPC Member Foster's Comments for March 29,2012 CC Meet Late Correspondence on Item 3 (highlighted text). Kit Fox,AlCp Senior Administrative Anall)st Citl)Manager's OHice Citl)of Rancho Palos Verdes 30940 Iiawthorne Blvd. Rancho Palos Verdes,CA 90275 T:(310)544-5226 F:(310)544-5291 E:ki tl@rpv.com From:Tracy 80nano [mailto:tracyb@rpv.com] Sent:Friday,May 25,2012 9:41 AM To:Kit Fox Cc:'marty foster';'Timothy Weiner';bobdilly4@cox.net;'Diana Feinberg';'Keith Harter';Carolynn Petru; Carolyn Lehr;'Carol W.Lynch';Dennis Mclean Subject:FW:Additional EPC Member Foster's Comments for March 29,2012 CC Meet Hi Kit! I'm just passing along the latest comments (highlighted portion)from Member Foster. Please let me know if there's anything else you need. Thanks! g"Fzac.v-UCTJ'UZH.CT ~"LL&uzilvc c4H.alV U J' c-.e.~c.v-&fr.vlcc4.Cuufr.dlnaLufL eMu-a;I-~o-P'aLcr.L 'Vcfr.dc4. J09¥0 c/hun~Ucn:ucvafr.d Ra.H.eku-P'aLcr.L 'Ve.fr..de..4.,Ce4-90275 <!::'",aLL:t'Fzacv6-@rzp.v;cU7H. Vliflcc:JI0.5¥¥.5209 9"ax:JI0.5¥¥.529¥ Nccessitv print -please.Thank yonl -_.__.._._. From:marty foster [mailto:martycrna@cox.net] Sent:Thursday,May 24,2012 3:55 PM To:'Tracy Bonano' --_._---_.---_.._----_.-..._---- I o\-'L. 5/29/2012 Page 2 of2 Cc:'Timothy Weiner' Subject: Just a few clarifications on my part re the draft of the 5/17 EPC meeting This might be too deep in the weeds but since neither member Harter nor I were at the 5/15 meeting can we even vote to approve the minutes of that meeting?~... Re my comments I said: In my experience,protocols once formalized become a real standard of conduct.Unless written in a succinct manner (and this Protocol draft is not)the potential for un-intended consequences is great. Many of the provisions in the draft already exist in current city,state and federal code so the protocol seems redundant. Much of the draft outlines are intuitively obvious and I questioned the need to have the document at all. Regarding Provision 8,RPV's meetings follow parliamentary/Robert's Rules of Order so that repeating caveats for careful listening and the avoidance of interrupting another's speech also seems unnecessary to me. Provision 10 seems wholly out of place in the context of the document.I wondered if it belongs in a different protocol/policy. On page six,Re the PVAN repeater in relation to the work plan;the comment was member Feinberg's. On page seven,re the testing of the generator for ECC;the question was member Feinberg's. In the next item re Chair Weiner directing analyst Bonano to advise member Foster when the generator test was scheduled;the directive was for member Feinberg. Further down,it is member Feinberg who asks if the 9/27/12 exercise is replacing the one for 11/8/12. Thanks for your efficiency so that input can be provided in a timely manner. I hope you will have a long restful week-end Marty 5/29/2012 Carla Morreale From: Sent: To: Cc: Subject: RPV council Members! LYNN SWANK [Iynn.swank@cox.net] Tuesday,May 29,20122:49 PM cc@rpv.com Carla Morreale RPV CC Rules of Procedure I have followed with interest the discussion regarding the revision of the Rules and Procedures for RPV.I have confined my comments to the following: Setting the Agenda:All organizations,both public and private,use agendas to facilitate their business.A recommended agenda can be prepared by a number of people,including the city manager.In fact,that is his/her job.The mayor can add or delete items as they choose,but the final product (the agenda)is a collaboration of all involved and ultimately approved by the person chairing the meeting,in this case the mayor.The City Manager has 5 bosses,and to even think that he/she will abuse the authority given to her by the 5 bosses is disingenuous.While the city manager is not elected,the best interests of the city always come first and if they don't I trust that the situation will be remedied by council. 5.2 Agenda Distribution 6.5 Written Communications •The timeliness of the agenda distribution has always been problematic to me because very little time is given to residents to research,consider and respond to an item of concern to them.From personal experience I was not aware when an item was going to be placed on the agenda.Sometimes I knew it was going to be considered in the IIfuture,"but no date certain was ever provided.The issues I speak of are ones that deserve time to respond and almost always have affected the entire city and the general plan.The staff report and recommendation is never revealed prior to the publishing of the agenda,so it is difficult at best and sometimes impossible to draft a coherent response prior to the council meeting. •What is particularly annoying is that a resident's thoughtful response to the staff recommendation is almost never included in the packet sent to council members Thursday or Friday and is thus considered late correspondence,implying that the resident didn't submit a response in a timely manner.And then when a resident speaks to an item in addition to also sending a letter,they are told by the mayor that the council has read all the written correspondence and that there is no need to repeat anything.Experience has shown me otherwise and more often than not the staff report and the verbal comments at the meeting are the items used for decisions by the council. • I believe this procedure gives the staff report extraordinary weight when a matter is considered by council.While staff is certainly competent and required to prepare an unbiased report,they often have not considered things that a member of the public believes to be pertinent in the council's decision-making.Staff could also inject their own opinions,either intentionally or unintentionally,into their report. •This is what I consider a major lack of transparency in the operation of our city government.How do you make sure that the written opinions of all residents are considered at the same time as those of staff? •Recommendation:Set the agenda one month prior to the City council meeting and ask for the staff report to be available one week prior to the distribution of the meeting materials. 1 3 5.7 Consent Calendar There has been something wrong about the use or abuse of the consent calendar.While intended for "mundane"items,it has been used,(I believe),to place important items on the agenda as a means to circumvent a public discussion of a significant action to be taken by the city council.The example that is still fresh in my memory is the proposed grant for a $7,000,000 +Nature Center for Abalone Cove.This agenda item was placed on the Consent Calendar on the Thursday prior to a 3-day Memorial Day holiday.It was labeled as a last minute item because the grant consultant had recently discovered that unspent state money was available.However other agencies in California knew of this funding source many months prior to this. The council voted to approve submittal of this grant to the state of California,and if it was approved agreed to spend funds from the City budget to defray and meet some of the grant commitments.This nature center was not needed,was not within the general plan, and had no public input let alone agreement.A document was signed by the mayor and sent to the State binding the city to commit resources to this project if approved.The response given by council was that they could revisit it later if approved and decide what they want to do.Is this responsible government? I have no recommendation to insure this type of action does not occur on the future. Silence on the part of both staff and council to place a special item of their liking on the Consent Calendar guarantees that this will happen again.The City Council should be looking at the broader impact of a consent calendar item and act accordingly.I would only caution that if council is not vigilante in this area,city policy could be set by grant consultants and that the residents must become even more diligent watchdogs. The Consent Calendar is perhaps one of the greatest barriers to transparency and while cumbersome,maybe should be eliminated as an agenda category until all understand the rules. 6.2 Conduct of Members of the Public Does this conduct also apply to city council members?I could not find a reference to this in the body of this material. Sincerely, Lynn Swank RPV Resident 2 Carla Morreale From: Sent: To: Cc: Subject: LYNN SWANK [Iynn.swank@cox.net] Tuesday,May 29,2012 2:51 PM cc@rpv.com Carla Morreale RPV Protocol RPV City council Members, As a former member and Chair of several city committees and commission,I am dismayed listening to the discussion about the identification of myself as a committee or commission member.My filter tells me that the people who appointed me (the City council) do not trust me to use judgment when I speak to groups.Of course I must identify myself when asked to so by an interested party -not doing so implies that I have something to hide.Of course I identify myself when I want all parties present to know that I am not speaking for the City of RPV - I want this disclaimer on the public record.My impression is that if the Council questions an appointees r judgment and integrity to this extent,then they should not have have appointed.I want my City council to stand behind me and be there if a situation arises that requires council involvement.You have appointed very competent men and women to advise you and I would suggest that you support them in any way possible. #16 addresses unauthorized statements ... This is unclear because as a member notes and other correspondence such part of the school safety program. thank you note? of the Traffic and Safety Commission I wrote thank you as confirming meetings,to schools we worked with as Does the City Council want to review and approve each There were times when a former mayor sent a letter to various agencies written on city letterhead and signed by the mayor.Many of these letters were inappropriate ( I believe) and were commented on by individuals in the state agencies to which they were sent.I don't think the full city council was aware that the letter was even sent and was only an opinion expressed by the mayor.How do you prevent this from happening in the future? Should the council approve all council correspondence? Perhaps a policy on use of city business cards and letterhead is in order? Sincerely, Lynn Swank RPV Resident 1 3